AN ACT to amend the Indiana Code concerning technical corrections.
SECTION 1. IC 3-7-26-2, AS AMENDED BY P.L.209-2003,
SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. (a) The election division shall develop and
maintain a statewide voter registration file.
(b) Subject to section 20 of this chapter, Not later than January 1,
2004, the election division shall maintain the statewide voter
registration file so that the file is accessible by the election division and
county voter registration offices through a secure connection over the
Internet.
(c) The statewide voter registration file must comply with the
standards and requirements described in 42 U.S.C. 15483.
SECTION 2. IC 3-7-26-8, AS AMENDED BY P.L.209-2003,
SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 8. (a) Until a county has the capability to
transmit the information over the Internet as required under subsection
(b), the information required by section 7 of this chapter shall be
provided on magnetic media or other machine readable form to the
election division.
(b) Subject to section 20 of this chapter, Not later than January 1,
2004, a county voter registration office shall transmit the information
required by section 7 of this chapter to the election division over the
Internet, in a manner and using a method prescribed by the election
division, through a secure connection to the statewide voter registration
file.
(c) The commission shall prescribe a format to ensure the
standardization and readability of the data provided under subsection
(a) or (b).
SECTION 3. IC 3-8-1-2, AS AMENDED BY P.L.66-2003,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. (a) The commission, a county election
board, or a town election board shall act if a candidate (or a person
acting on behalf of a candidate in accordance with state law) has filed
any of the following:
(1) A declaration of candidacy under IC 3-8-2 or IC 3-8-5.
(2) A request for ballot placement in a presidential primary under
IC 3-8-3.
(3) A petition of nomination or candidate's consent to nomination
under IC 3-8-6.
(4) A certificate of nomination under IC 3-8-5, IC 3-8-7,
IC 3-10-2-15, or IC 3-10-6-12.
(5) A certificate of candidate selection under IC 3-13-1 or
IC 3-13-2.
(6) A declaration of intent to be a write-in candidate under
IC 3-8-2-2.5.
(7) A contest to the denial of certification under IC 3-8-6-12.
(b) The commission has jurisdiction to act under this section with
regard to any filing described in subsection (a) that was made with the
election division. Except for a filing under the jurisdiction of a town
election board, a county election board has jurisdiction to act under this
section with regard to any filing described in subsection (a) that was
made with the county election board, county voter registration office,
or the circuit court clerk. A town election board has jurisdiction to act
under this section with regard to any filing that was made with the
county election board, the county voter registration office, or the circuit
court clerk for nomination or election to a town office.
(c) Except as provided in subsection (e), before the commission or
election board acts under this section, a registered voter of the election
district that a candidate seeks to represent must file a sworn statement
with the election division or election board:
(1) questioning the eligibility of a candidate to seek the office;
and
(2) setting forth the facts known to the voter concerning this
question.
(d) The eligibility of a write-in candidate or a candidate nominated
by a convention, petition, or primary may not be challenged under this
section if the commission or board determines that all of the following
occurred:
(1) The eligibility of the candidate was challenged under this
section before the candidate was nominated.
(2) The commission or board conducted a hearing on the affidavit
before the nomination.
(3) This challenge would be based on substantially the same
grounds as the previous challenge to the candidate.
(e) Before the commission or election board can consider a contest
to the denial of a certification under IC 3-8-6-12, a candidate (or a
person acting on behalf of a candidate in accordance with state law)
must file a sworn statement with the election division or election board:
(1) stating specifically the basis for the contest; and
(2) setting forth the facts known to the candidate supporting the
basis for the contest.
(f) Upon the filing of a sworn statement under subsection (c) or (e),
the commission or election board shall determine the validity of the
questioned:
(1) declaration of candidacy;
(2) declaration of intent to be a write-in candidate;
(3) request for ballot placement under IC 3-8-3;
(4) petition of nomination;
(5) certificate of nomination;
(6) certificate of candidate selection issued under IC 3-13-1-15 or
IC 3-13-2-8; or
(7) denial of a certification under IC 36-8-6-12. IC 3-8-6-12.
(g) The commission or election board shall deny a filing if the
commission or election board determines that the candidate has not
complied with the applicable requirements for the candidate set forth
in the Constitution of the United States, the Constitution of the State of
Indiana, or this title.
SECTION 4. IC 3-10-1-31, AS AMENDED BY P.L.209-2003,
SECTION 101, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 31. (a) The inspector of each
precinct shall deliver the bags required by section 30(a) and 30(c) of
this chapter in good condition, together with poll lists, tally sheets, and
other forms, to the circuit court clerk when making returns.
(b) Except for unused ballots disposed of under IC 3-11-3-31, the
circuit court clerk shall carefully preserve the ballots and other material
and keep all seals intact for twenty-two (22) months, as required by 42
U.S.C. 1974, after which they may be destroyed unless:
SECTION 122, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 3.1. (a) This section applies to
money received under Title II, Subtitle D, Part I of HAVA (42 U.S.C.
15401 through 15408) and deposited in the account established under
section 2 of this chapter for those funds.
(b) Except as provided in subsection (c), money deposited in the
account must be used to comply with the requirements of Title III of
HAVA (42 U.S.C. 15481 through 15502).
(c) As authorized under 42 U.S.C. 15401(b), money deposited in the
account may be used for other purposes authorized under Section 101
of HAVA (42 U.S.C. 15301) if the secretary of state, with the approval
of the co-directors of the election division, files the certification
required by Section 251(b)(2)(B) of HAVA (42 U.S.C.
15401(b)(2)(A)). 15401(b)(2)(B)).
(d) If the secretary of state makes the certification described in
subsection (c), the secretary of state, with the approval of the
co-directors of the election division, may transfer amounts that do not
in total exceed the amount described in Section 251(b)(2)(B) from the
Title II account of the fund to the Section 101 account of the fund.
(e) In conformity with Section 254(a)(7) of HAVA (42 U.S.C.
15404), the state shall maintain expenditures by the state for activities
funded by the payment of funds described by this section at a level that
is not less than the level of those expenditures maintained by the state
for the fiscal year ending June 30, 2000.
SECTION 6. IC 3-11-6.5-7.1, AS ADDED BY P.L.209-2003,
SECTION 126, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 7.1. (a) This section applies to
money received under Section 102 of HAVA (42 U.S.C. 15302) and
deposited in the account established under section 2 of this chapter for
those funds.
(b) Money deposited in the account must be used for the purposes
set forth in Section 102 of HAVA (42 U.S.C. 15302).
(c) As permitted under 42 U.S.C. 15302, a county may apply to
receive reimbursement from the fund.
(d) To receive reimbursement or voting systems under this section,
a county must file an application with the election division in the form
required by the election division. The secretary of state, with the
consent of the co-directors of the election division, shall review the
application and make a recommendation to the budget committee
regarding the application. If a county filed an application under section
3 of this chapter (repealed) not later than January 31, 2003, the
application may be amended to comply with this chapter or the county
may file a new application under this subsection.
(e) The budget agency, after review by the budget committee, shall
approve a county's application for reimbursement if the budget agency
determines that the county has purchased a voting system to comply
with Section 102 of HAVA and is eligible for reimbursement under this
section.
(f) The budget agency, after review by the budget committee, shall
approve a county's application for disbursement of voting systems to
the county if the budget agency determines that the county is entitled
to receive voting systems under this section to comply with Section 102
of HAVA.
(g) If a county's application for reimbursement is approved under
this section, the secretary of state shall, subject to subsection (j), (h),
reimburse the county from the fund in an amount not more than the
amount determined by STEP TWO of the following formula:
STEP ONE: Determine the number of precincts in the county that
used a voting machine voting system or a punch card voting
system at the November 7, 2000, general election.
STEP TWO: Multiply the number determined in STEP ONE by
four thousand dollars ($4,000).
(h) Payment of money from the fund under this section is subject to
the availability of money in the fund and the requirements of this
chapter and HAVA.
SECTION 7. IC 3-11-6.5-8, AS AMENDED BY P.L.209-2003,
SECTION 127, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 8. (a) This section applies to
money received under Section 101 of HAVA (42 U.S.C. 15301) and
deposited in the account established under section 2 of this chapter for
those funds.
(b) Money deposited in the account must be used in accordance with
the requirements applicable under Section 101 of HAVA (42 U.S.C.
15301).
(c) The money may be used with the approval of the co-directors of
the election division for the following purposes:
(1) By the secretary of state for any purpose authorized by this
title and permitted under 42 U.S.C. 15301.
(2) To reimburse counties for the purchase of new voting systems
eligible for reimbursement under section 7.1 of this chapter, to the
extent that money received and deposited under section 7.1 of this
chapter is insufficient to replace all voting machine systems and
punch card voting systems in Indiana.
(3) To reimburse counties for the upgrade or expansion of
existing voting systems to comply with HAVA.
(d) As permitted under 42 U.S.C. 15301, a county may apply to
receive reimbursement under subsection (c).
(e) To receive reimbursement under this section, a county must
make an application to the election division in the form required by the
election division. If the county filed an application under section 3 of
this chapter (repealed) not later than January 31, 2003:
(1) the application may be amended to comply with this chapter;
or
(2) the county may file a new application under this section.
The secretary of state with the consent of the co-directors of the
election division shall review the application and make a
recommendation to the budget committee regarding the application.
(f) The budget agency, after review by the budget committee, shall
approve a county's application for reimbursement under this section if
the budget agency determines that the application complies with the
requirements for reimbursement under subsection (c)(2) or (c)(3).
(g) If a county's application is approved under subsection (c)(2), the
secretary of state with the consent of the co-directors of the election
division shall, subject to subsection (i), pay the county from the fund
an amount not more than the amount determined by STEP TWO of the
following formula:
STEP ONE: Determine the number of precincts in the county that
used a voting machine voting system or a punch card voting
system at the November 7, 2000, general election that cannot be
replaced with funds available under section 7.1 of this chapter.
STEP TWO: Multiply the number determined in STEP ONE by
four thousand dollars ($4,000).
(h) If a county's application is approved under subsection (c)(3), the
secretary of state with the consent of the co-directors of the election
division shall, subject to subsection (i), pay the county from the fund
in an amount to be determined by the secretary of state with the consent
of the co-directors of the election division.
(i) Payment of money from the fund under this section is subject to
the availability of money in the fund and the requirements of this
chapter and HAVA.
SECTION 8. IC 3-11-8-15, AS AMENDED BY P.L.209-2003,
SECTION 130, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 15. (a) Persons other than:
(1) members of a precinct election board;
(2) poll clerks and assistant poll clerks;
(3) election sheriffs;
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 13.4. (a) This section does not
apply to the purchase, lease, or lease-purchase of additional or
replacement components of a voting system in use in a county
before January 1, 2005.
(b) The commission shall determine whether a voting system
provides a practical and effective means for voters with disabilities
to cast ballots in private.
(c) If the commission determines that any voting system meets
the criteria described in subsection (b), a county may not purchase,
lease, or lease-purchase any other voting system that does not meet
the criteria described in subsection (b).
SECTION 11. IC 3-11-15-13.6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 13.6. (a) This section applies
only to a voting system purchased with funds made available under
Title II of HAVA (42 U.S.C. 15321 through 15472) after December
31, 2006.
(b) As required by 42 U.S.C. 15481, the voting system must
comply with the Voting System Standards for disability access
referred to in section 13.3 of this chapter and 42 U.S.C. 15481(a)(3)
to be used in an election.
SECTION 12. IC 3-12-3-5, AS AMENDED BY P.L.263-2003,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 5. (a) If a ballot card is damaged or defective
so that it cannot properly be counted by the automatic tabulating
machines, then a remake team composed of one (1) person from each
of the major political parties of the county shall have the card prepared
for processing so as to record accurately the intention of the voter
insofar as it can be ascertained.
(b) If the ballot card voting system is designed to allow the counting
and tabulation of votes by the precinct election board, the members of
the remake team must be members of the precinct election board in
which the ballot was cast.
(c) If necessary, a true, duplicate copy shall be made of the damaged
ballot card in the presence of witnesses and substituted for the damaged
card. Similarly, a duplicate ballot card shall be made of a defective
card, not including the uncounted votes.
(d) This subsection applies to an absent uniformed services voter
permitted to transmit an absentee ballot by fax under IC 3-11-4-6. To
facilitate the transmittal and return of the voter's absentee ballot by fax,
the county election board may provide the voter with a paper ballot
rather than a ballot card. The paper ballot must conform with the
requirements for paper ballots set forth in IC 3-10 and IC 3-11. After
the voter returns the ballot by fax, a remake team appointed under this
section shall prepare a ballot card for processing that accurately records
the intention of the voter as indicated on the paper ballot. The ballot
card created under this subsection must be marked and counted as a
duplicate ballot under sections 6 through 7 of this chapter.
(e) If an automatic tabulating machine fails during the counting and
tabulation of votes following the close of the polls, the county election
board shall immediately arrange for the repair and proper functioning
of the system. The county election board may, by unanimous vote of its
entire membership, authorize the counting and tabulation of votes for
this election on an automatic tabulating machine approved for use in
Indiana by the commission:
(1) until the repair and retesting of the malfunctioning machine;
and
(2) whether or not the machine was tested under IC 3-11-13-26.
IC 3-11-13-22.
SECTION 13. IC 4-3-3-2, AS AMENDED BY P.L.195-1999,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. (a) The surviving spouse of each individual
who:
(1) serves as governor; and who
(2) is entitled to a retirement benefit under section 1.1 of this
chapter;
is entitled to an annual pension.
(b) The pension to which a governor's surviving spouse is
entitled under this section shall be paid in equal monthly installments
by the treasurer of state on warrant of the auditor of state after a claim
has been made for the pension to the auditor by:
(1) the surviving spouse; or
(2) a person acting on his behalf of the surviving spouse.
(c) The annual pension to which a governor's surviving spouse is
entitled under this section is equal to the following:
(1) For the surviving spouse of a governor who died before July
1, 1998, the greater of:
(A) the annual retirement benefit received by the surviving
spouse during the year beginning July 1, 1998; or
(B) ten thousand dollars ($10,000).
(2) For the surviving spouse of a governor who dies after June 30,
1998, the greater of:
(A) fifty percent (50%) of the annual retirement benefit that
the governor to whom the surviving spouse was married was
receiving or was entitled to receive on the date of the
governor's death; or
(B) ten thousand dollars ($10,000).
(d) The surviving spouse of each individual who serves as a
governor must elect to receive either (1) or (2) above and make the
election required under subsection (c)(1) or (c)(2). Once a surviving
spouse has received any pension payment has been received under
this section, the election is irrevocable.
(e) The A governor's surviving spouse is entitled to receive the
pension provided under this section for the remainder of his life
unless he the surviving spouse remarries.
(f) Notwithstanding any other law to the contrary, the pension
provided under this section is in addition to any other retirement
benefits a governor's surviving spouse is entitled to receive.
SECTION 14. IC 4-33-4-22, AS ADDED BY P.L.224-2003,
SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 22. (a) The commission may not adopt a rule
or resolution limiting the ordinary business hours in which a licensed
owner that has implemented flexible scheduling under IC 4-33-6-21
may conduct gambling operations.
(b) This section may not be construed to limit the commission's
power to: enforce this article:
(1) enforce this article under IC 4-33-4-1(a)(6),
IC 4-33-4-1(a)(7), or IC 4-33-4-8; or
(2) respond to an emergency, as determined by the commission.
SECTION 15. IC 4-33-5-1, AS AMENDED BY P.L.92-2003,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1. An applicant for a license or an operator
operating agent contract under this article must provide the following
information to the commission:
(1) The name, business address, and business telephone number
of the applicant.
(2) An identification of the applicant.
(3) The following information for an applicant that is not an
individual:
(A) The state of incorporation or registration.
(B) The names of all corporate officers.
(C) The identity of the following:
(i) Any person in which the applicant has an equity interest
of at least one percent (1%) of all shares. The identification
must include the state of incorporation or registration if
applicable. However, an applicant that has a pending
registration statement filed with the Securities and Exchange
Commission is not required to provide information under
this item.
(ii) The shareholders or participants of the applicant. An
applicant that has a pending registration statement filed with
the Securities and Exchange Commission is required to
provide only the names of persons holding an interest of
more than one percent (1%) of all shares.
(4) An identification of any business, including the state of
incorporation or registration if applicable, in which an applicant
or the spouse or children of an applicant has an equity interest of
more than one percent (1%) of all shares.
(5) If the applicant has been indicted, been convicted, pleaded
guilty or nolo contendere, or forfeited bail concerning a criminal
offense other than a traffic violation under the laws of any
jurisdiction. The applicant must include the following information
under this subdivision:
(A) The name and location of the following:
(i) The court.
(ii) The arresting agency.
(iii) The prosecuting agency.
(B) The case number.
(C) The date and type of offense.
(D) The disposition of the case.
(E) The location and length of incarceration.
(6) If the applicant has had a license or certificate issued by a
licensing authority in Indiana or any other jurisdiction denied,
restricted, suspended, revoked, or not renewed. An applicant must
provide the following information under this subdivision:
(A) A statement describing the facts and circumstances
concerning the denial, restriction, suspension, revocation, or
nonrenewal.
(B) The date each action described in clause (A) was taken.
(C) The reason each action described in clause (A) was taken.
(7) If the applicant has:
(A) filed or had filed against the applicant a proceeding in
bankruptcy; or
(B) been involved in a formal process to adjust, defer,
suspend, or work out the payment of a debt;
including the date of filing, the name and location of the court,
and the case and number of the disposition.
shall distribute the money received under this subdivision as
follows:
(A) Twenty percent (20%) shall be quarterly distributed to the
county treasurer of a county having a population of more than
thirty-nine thousand six hundred (39,600) but less than forty
thousand (40,000) for appropriation by the county fiscal body
after receiving a recommendation from the county executive.
The county fiscal body for the receiving county shall provide
for the distribution of the money received under this clause to
one (1) or more taxing units (as defined in IC 6-1.1-1-21) in
the county under a formula established by the county fiscal
body after receiving a recommendation from the county
executive.
(B) Twenty percent (20%) shall be quarterly distributed to the
county treasurer of a county having a population of more than
ten thousand seven hundred (10,700) but less than twelve
thousand (12,000) for appropriation by the county fiscal body
after receiving a recommendation from the county executive.
The county fiscal body for the receiving county shall provide
for the distribution of the money received under this clause to
one (1) or more taxing units (as defined in IC 6-1.1-1-21) in
the county under a formula established by the county fiscal
body after receiving a recommendation from the county
executive.
(C) Sixty percent (60%) shall be retained by the county where
the riverboat is docked for appropriation by the county fiscal
body after receiving a recommendation from the county
executive. The county fiscal body shall provide for the
distribution of part or all of the money received under this
clause to the following under a formula established by the
county fiscal body:
(i) A town having a population of more than two thousand
two hundred (2,200) but less than three thousand five
hundred (3,500) located in a county having a population of
more than nineteen thousand three hundred (19,300) but less
than twenty thousand (20,000).
(ii) A town having a population of more than three thousand
five hundred (3,500) located in a county having a population
of more than nineteen thousand three hundred (19,300) but
less than twenty thousand (20,000).
(c) For each city and county receiving money under subsection
(a)(2)(A) or (a)(2)(C), the treasurer of state shall determine the total
amount of money paid by the treasurer of state to the city or county
during the state fiscal year 2002. The amount determined is the base
year revenue for the city or county. The treasurer of state shall certify
the base year revenue determined under this subsection to the city or
county. The total amount of money distributed to a city or county under
this section during a state fiscal year may not exceed the entity's base
year revenue. For each state fiscal year beginning after June 30, 2002,
the treasurer of state shall pay that part of the riverboat wagering taxes
that:
(1) exceeds a particular city or county's base year revenue; and
(2) would otherwise be due to the city or county under this
section;
to the property tax replacement fund instead of to the city or county.
(d) Each state fiscal year the treasurer of state shall transfer from the
tax revenue remitted to the property tax replacement fund under
subsection (a)(3) to the build Indiana fund an amount that when added
to the following may not exceed two hundred fifty million dollars
($250,000,000):
(1) Surplus lottery revenues under IC 4-30-17-3.
(2) Surplus revenue from the charity gaming enforcement fund
under IC 4-32-10-6.
(3) Tax revenue from pari-mutuel wagering under IC 4-31-9-3.
The treasurer of state shall make transfers on a monthly basis as needed
to meet the obligations of the build Indiana fund. If in any state fiscal
year insufficient money is transferred to the property tax replacement
fund under subsection (a)(3) to comply with this subsection, the
treasurer of state shall reduce the amount transferred to the build
Indiana fund to the amount available in the property tax replacement
fund from the transfers under subsection (a)(3) for the state fiscal year.
(e) Before August 15 of 2003 and each year thereafter, the treasurer
of state shall distribute the wagering taxes set aside for revenue sharing
under subsection (a)(1) to the county treasurer of each county that does
not have a riverboat according to the ratio that the county's population
bears to the total population of the counties that do not have a
riverboat. Except as provided in subsection (h), the county auditor shall
distribute the money received by the county under this subsection as
follows:
(1) To each city located in the county according to the ratio the
city's population bears to the total population of the county.
(2) To each town located in the county according to the ratio the
town's population bears to the total population of the county.
(3) After the distributions required in subdivisions (1) and (2) are
made, the remainder shall be retained by the county.
(f) Money received by a city, town, or county under subsection (e)
or (h) may be used for any of the following purposes:
(1) To reduce the property tax levy of the city, town, or county for
a particular year (a property tax reduction under this subdivision
does not reduce the maximum levy of the city, town, or county
under IC 6-1.1-18.5);
(2) For deposit in a special fund or allocation fund created under
IC 8-22-3.5, IC 36-7-14, IC 36-7-14.5, IC 36-7-15.1, and
IC 36-7-30 to provide funding for additional credits for property
tax replacement in property tax increment allocation areas or debt
repayment.
(3) To fund sewer and water projects, including storm water
management projects.
(4) For police and fire pensions.
(5) To carry out any governmental purpose for which the money
is appropriated by the fiscal body of the city, town, or county.
Money used under this subdivision does not reduce the property
tax levy of the city, town, or county for a particular year or reduce
the maximum levy of the city, town, or county under
IC 6-1.1-18.5.
(g) This subsection does not apply to an entity receiving money
under IC 4-33-12-6(c). Before September 15 of 2003 and each year
thereafter, the treasurer of state shall determine the total amount of
money distributed to an entity under IC 4-33-12-6 during the preceding
state fiscal year. If the treasurer of state determines that the total
amount of money distributed to an entity under IC 4-33-12-6 during the
preceding state fiscal year was less than the entity's base year revenue
(as determined under IC 4-33-12-6), the treasurer of state shall make
a supplemental distribution to the entity from taxes collected under this
chapter and deposited into the property tax replacement fund. The
amount of the supplemental distribution is equal to the difference
between the entity's base year revenue (as determined under
IC 4-33-12-6) and the total amount of money distributed to the entity
during the preceding state fiscal year under IC 4-33-12-6.
(h) This section subsection applies only to a county containing a
consolidated city. The county auditor shall distribute the money
received by the county under subsection (d) as follows:
(1) To each city, other than a consolidated city, located in the
county according to the ratio that the city's population bears to the
total population of the county.
(2) To each town located in the county according to the ratio that
the town's population bears to the total population of the county.
(3) After the distributions required in subdivisions (1) and (2) are
made, the remainder shall be paid in equal amounts to the
consolidated city and the county.
SECTION 18. IC 5-2-9-8, AS AMENDED BY P.L.133-2002,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 8. A law enforcement agency that receives a
copy of a protective order, no contact order, or workplace violence
restraining order shall enter the information received into the Indiana
data and communication system (IDACS) computer under IC 5-2-5-12
IC 10-13-3-35 upon receiving a copy of the order.
SECTION 19. IC 5-10.3-5-5, AS AMENDED BY P.L.72-2003,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 5. (a) The custodians must be banks or trust
companies that are domiciled in the United States and approved by the
Indiana department of financial institutions under IC 28-1-2-39 to:
(1) act in a fiduciary capacity; and
(2) manage custodial accounts;
in Indiana.
(b) The board is authorized to accept safekeeping receipts for
securities held by the custodians. Each custodian must have a
combined capital and surplus of at least ten million dollars
($10,000,000) according to the last published report of condition for
the bank or trust company and have physical custody of such securities.
The state board of accounts is authorized to rely on safekeeping
receipts from the custodian. The custodian may be authorized by the
agreement to:
(1) hold securities and other investments in the name of the fund,
in the name of a nominee of the custodian, or in bearer form;
(2) collect and receive income, interest, proceeds of sale,
maturities, redemptions, and all other receipts from the securities
and other investments;
(3) deposit all these the receipts collected and received under
subdivision (2) in a custodian account or checking account as
instructed by the board; and
(4) reinvest these the receipts collected and received under
subdivision (2) as directed by the board;
(3) (5) maintain accounting records and prepare reports which are
required by the board and the state board of accounts; and
(4) (6) perform other services for the board as are customary and
appropriate for custodians.
(c) The custodian is responsible for all securities held in the name
of its nominee for the fund.
SECTION 20. IC 6-1.1-12.1-4.5, AS AMENDED BY P.L.1-2003,
SECTION 22, AND AS AMENDED BY P.L.245-2003, SECTION 8,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 4.5. (a) For purposes of this
section, "personal property" means personal property other than
inventory (as defined in IC 6-1.1-3-11(a)).
(b) An applicant must provide a statement of benefits to the
designating body. The applicant must provide the completed statement
of benefits form to the designating body before the hearing specified in
section 2.5(c) of this chapter or before the installation of the new
manufacturing equipment or new research and development
equipment, or both, for which the person desires to claim a deduction
under this chapter. The department of local government finance shall
prescribe a form for the statement of benefits. The statement of benefits
must include the following information:
(1) A description of the new manufacturing equipment or new
research and development equipment, or both, that the person
proposes to acquire.
(2) With respect to:
(A) new manufacturing equipment not used to dispose of solid
waste or hazardous waste by converting the solid waste or
hazardous waste into energy or other useful products; and
(B) new research and development equipment;
an estimate of the number of individuals who will be employed or
whose employment will be retained by the person as a result of
the installation of the new manufacturing equipment or new
research and development equipment, or both, and an estimate of
the annual salaries of these individuals.
(3) An estimate of the cost of the new manufacturing equipment
or new research and development equipment, or both.
(4) With respect to new manufacturing equipment used to dispose
of solid waste or hazardous waste by converting the solid waste
or hazardous waste into energy or other useful products, an
estimate of the amount of solid waste or hazardous waste that will
be converted into energy or other useful products by the new
manufacturing equipment.
The statement of benefits may be incorporated in a designation
application. Notwithstanding any other law, a statement of benefits is
a public record that may be inspected and copied under IC 5-14-3-3.
(c) The designating body must review the statement of benefits
required under subsection (b). The designating body shall determine
whether an area should be designated an economic revitalization area
or whether the deduction shall be allowed, based on (and after it has
made) the following findings:
(1) Whether the estimate of the cost of the new manufacturing
equipment or new research and development equipment, or both,
is reasonable for equipment of that type.
(2) With respect to:
(A) new manufacturing equipment not used to dispose of solid
waste or hazardous waste by converting the solid waste or
hazardous waste into energy or other useful products; and
(B) new research and development equipment;
whether the estimate of the number of individuals who will be
employed or whose employment will be retained can be
reasonably expected to result from the installation of the new
manufacturing equipment or new research and development
equipment, or both.
(3) Whether the estimate of the annual salaries of those
individuals who will be employed or whose employment will be
retained can be reasonably expected to result from the proposed
installation of new manufacturing equipment or new research and
development equipment, or both.
(4) With respect to new manufacturing equipment used to dispose
of solid waste or hazardous waste by converting the solid waste
or hazardous waste into energy or other useful products, whether
the estimate of the amount of solid waste or hazardous waste that
will be converted into energy or other useful products can be
reasonably expected to result from the installation of the new
manufacturing equipment.
(5) Whether any other benefits about which information was
requested are benefits that can be reasonably expected to result
from the proposed installation of new manufacturing equipment
or new research and development equipment, or both.
(6) Whether the totality of benefits is sufficient to justify the
deduction.
The designating body may not designate an area an economic
revitalization area or approve the deduction unless it makes the
findings required by this subsection in the affirmative.
(d) Except as provided in subsection (h), an owner of new
manufacturing equipment or new research and development
equipment, or both, whose statement of benefits is approved after June
30, 2000, is entitled to a deduction from the assessed value of that
equipment for the number of years determined by the designating body
under subsection (g). Except as provided in subsection (f) and in
section 2(i)(3) of this chapter, the amount of the deduction that an
owner is entitled to for a particular year equals the product of:
(1) the assessed value of the new manufacturing equipment or
new research and development equipment, or both, in the year of
deduction under the appropriate table set forth in subsection (e);
multiplied by
(2) the percentage prescribed in the appropriate table set forth in
subsection (e).
(e) The percentage to be used in calculating the deduction under
subsection (d) is as follows:
(1) For deductions allowed over a one (1) year period:
YEAR OF DEDUCTION PERCENTAGE
1st 100%
2nd and thereafter 0%
(2) For deductions allowed over a two (2) year period:
YEAR OF DEDUCTION PERCENTAGE
1st 100%
2nd 50%
3rd and thereafter 0%
(3) For deductions allowed over a three (3) year period:
YEAR OF DEDUCTION PERCENTAGE
1st 100%
2nd 66%
3rd 33%
4th and thereafter 0%
(4) For deductions allowed over a four (4) year period:
YEAR OF DEDUCTION PERCENTAGE
1st 100%
2nd 75%
3rd 50%
4th 25%
5th and thereafter 0%
(5) For deductions allowed over a five (5) year period:
YEAR OF DEDUCTION PERCENTAGE
1st 100%
2nd 80%
3rd 60%
4th 40%
5th 20%
6th and thereafter 0%
(6) For deductions allowed over a six (6) year period:
by this section for a particular assessment year if during that
assessment year the owner:
(1) is convicted of a violation under IC 13-7-13-3 (repealed),
IC 13-7-13-4 (repealed), or IC 13-30-6; or
(2) is subject to an order or a consent decree with respect to
property located in Indiana based on a violation of a federal or
state rule, regulation, or statute governing the treatment, storage,
or disposal of hazardous wastes that had a major or moderate
potential for harm.
SECTION 21. IC 6-1.1-21-4, AS AMENDED BY P.L.245-2003,
SECTION 19, AND AS AMENDED BY P.L.264-2003, SECTION 12,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 4. (a) Each year the department
shall allocate from the property tax replacement fund an amount equal
to the sum of:
(1) each county's total eligible property tax replacement amount
for that year; plus
(2) the total amount of homestead tax credits that are provided
under IC 6-1.1-20.9 and allowed by each county for that year;
plus
(3) an amount for each county that has one (1) or more taxing
districts that contain all or part of an economic development
district that meets the requirements of section 5.5 of this chapter.
This amount is the sum of the amounts determined under the
following STEPS for all taxing districts in the county that contain
all or part of an economic development district:
STEP ONE: Determine that part of the sum of the amounts
under section 2(g)(1)(A) and 2(g)(2) of this chapter that is
attributable to the taxing district.
STEP TWO: Divide:
(A) that part of the subdivision (1) amount that is
attributable to the taxing district; by
(B) the STEP ONE sum.
STEP THREE: Multiply:
(A) the STEP TWO quotient; times
(B) the taxes levied in the taxing district that are allocated to
a special fund under IC 6-1.1-39-5.
(b) Except as provided in subsection (e), between March 1 and
August 31 of each year, the department shall distribute to each county
treasurer from the property tax replacement fund one-half (1/2) of the
estimated distribution for that year for the county. Between September
1 and December 15 of that year, the department shall distribute to each
county treasurer from the property tax replacement fund the remaining
one-half (1/2) of each estimated distribution for that year. The amount
of the distribution for each of these periods shall be according to a
schedule determined by the property tax replacement fund board under
section 10 of this chapter. The estimated distribution for each county
may be adjusted from time to time by the department to reflect any
changes in the total county tax levy upon which the estimated
distribution is based.
(c) On or before December 31 of each year or as soon thereafter as
possible, the department shall make a final determination of the amount
which should be distributed from the property tax replacement fund to
each county for that calendar year. This determination shall be known
as the final determination of distribution. The department shall
distribute to the county treasurer or receive back from the county
treasurer any deficit or excess, as the case may be, between the sum of
the distributions made for that calendar year based on the estimated
distribution and the final determination of distribution. The final
determination of distribution shall be based on the auditor's abstract
filed with the auditor of state, adjusted for postabstract adjustments
included in the December settlement sheet for the year, and such
additional information as the department may require.
(d) All distributions provided for in this section shall be made on
warrants issued by the auditor of state drawn on the treasurer of state.
If the amounts allocated by the department from the property tax
replacement fund exceed in the aggregate the balance of money in the
fund, then the amount of the deficiency shall be transferred from the
state general fund to the property tax replacement fund, and the auditor
of state shall issue a warrant to the treasurer of state ordering the
payment of that amount. However, any amount transferred under this
section from the general fund to the property tax replacement fund
shall, as soon as funds are available in the property tax replacement
fund, be retransferred from the property tax replacement fund to the
state general fund, and the auditor of state shall issue a warrant to the
treasurer of state ordering the replacement of that amount.
(e) Except as provided in subsection (i), the department shall not
distribute under subsection (b) and section 10 of this chapter the money
attributable to the county's property reassessment fund if:
(1) by the date the distribution is scheduled to be made, (1) the
county auditor has not sent a certified statement required to be
sent by that date under IC 6-1.1-17-1 to the department of local
government finance; or
(2) by the deadline under IC 36-2-9-20, the county auditor has
not transmitted data as required under that section; or
(2) (3) the county assessor has not forwarded to the department
of local government finance the duplicate copies of all approved
exemption applications required to be forwarded by that date
under IC 6-1.1-11-8(a).
(f) Except as provided in subsection (i), if the elected township
assessors in the county, the elected township assessors and the county
assessor, or the county assessor has not transmitted to the department
of local government finance by October 1 of the year in which the
distribution is scheduled to be made the data for all townships in the
county required to be transmitted under IC 6-1.1-4-25(b), the state
board or the department shall not distribute under subsection (b) and
section 10 of this chapter a part of the money attributable to the
county's property reassessment fund. The portion not distributed is the
amount that bears the same proportion to the total potential distribution
as the number of townships in the county for which data was not
transmitted by August 1 October 1 as described in this section bears to
the total number of townships in the county.
(g) Money not distributed under subsection (e) for the reasons
stated in subsection (e)(1) and (e)(2) shall be distributed to the county
when:
(1) the county auditor sends to the department of local
government finance the certified statement required to be sent
under IC 6-1.1-17-1; and
(2) the county assessor forwards to the department of local
government finance the approved exemption applications
required to be forwarded under IC 6-1.1-11-8(a);
with respect to which the failure to send or forward resulted in the
withholding of the distribution under subsection (e).
(h) Money not distributed under subsection (f) shall be distributed
to the county when the elected township assessors in the county, the
elected township assessors and the county assessor, or the county
assessor transmits to the department of local government finance the
data required to be transmitted under IC 6-1.1-4-25(b) with respect to
which the failure to transmit resulted in the withholding of the
distribution under subsection (f).
(i) The restrictions on distributions under subsections (e) and (f) do
not apply if the department of local government finance determines
that:
(1) the failure of:
(A) a county auditor to send a certified statement; or
(B) a county assessor to forward copies of all approved
exemption applications;
as described in subsection (e); or
(2) the failure of an official to transmit data as described in
subsection (f);
is justified by unusual circumstances.
SECTION 22. IC 6-1.1-24-7, AS AMENDED BY P.L.1-2003,
SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 7. (a) When real property is sold under this
chapter, the purchaser at the sale shall immediately pay the amount of
the bid to the county treasurer. The county treasurer shall apply the
payment in the following manner:
(1) first, to the taxes, special assessments, penalties, and costs
described in section 5(e) of this chapter;
(2) second, to other delinquent property taxes in the manner
provided in IC 6-1.1-23-5(b); and
(3) third, to a separate "tax sale surplus fund".
(b) The:
(1) owner of record of the real property at the time the tax deed is
issued who is divested of ownership by the issuance of a tax deed;
or
(2) tax sale purchaser or purchaser's assignee, upon redemption
of the tract or item of real property;
may file a verified claim for money which is deposited in the tax sale
surplus fund. If the claim is approved by the county auditor and the
county treasurer, the county auditor shall issue a warrant to the
claimant for the amount due.
(c) If the person described in subsection (b)(1) acquired the property
from a delinquent taxpayer after the property was sold at a tax sale
under this chapter, the county auditor may not issue a warrant to the
person unless the person is named on a tax sale surplus fund disclosure
form filed with the county auditor under IC 32-2-8 (repealed).
IC 32-21-8.
(d) An amount deposited in the tax sale surplus fund shall be
transferred by the county auditor to the county general fund and may
not be disbursed under subsection (b) if it is not claimed within the
three (3) year period after the date of its receipt.
(e) If an amount applied to taxes under this section is later paid out
of the county general fund to the purchaser or the purchaser's successor
due to the invalidity of the sale, all the taxes shall be reinstated and
recharged to the tax duplicate and collected in the same manner as if
the property had not been offered for sale.
(f) When a refund is made to any purchaser or purchaser's successor
by reason of the invalidity of a sale, the county auditor shall, at the
December settlement immediately following the refund, deduct the
amount of the refund from the gross collections in the taxing district in
which the land lies and shall pay that amount into the county general
fund.
SECTION 23. IC 6-1.1-25-4.6, AS AMENDED BY P.L.170-2003,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4.6. (a) After the expiration of the redemption
period specified in section 4 of this chapter but not later than six (6)
months after the expiration of the period of redemption:
(1) the purchaser, the purchaser's assignee, the county, or the
purchaser of the certificate of sale under IC 6-1.1-24 may; or
(2) in a county where the county auditor and county treasurer
have an agreement under section 4.7 of this chapter, the county
auditor shall, upon the request of the purchaser or the purchaser's
assignee;
file a verified petition in the same court and under the same cause
number in which the judgment of sale was entered asking the court to
direct the county auditor to issue a tax deed if the real property is not
redeemed from the sale. Notice of the filing of this petition shall be
given to the same parties and in the same manner as provided in section
4.5 of this chapter, except that, if notice is given by publication, only
one (1) publication is required. The notice required by this section is
considered sufficient if the notice is sent to the address required by
section 4.5(d) 4.5(e) of this chapter. Any person owning or having an
interest in the tract or real property may file a written objection to the
petition with the court not later than thirty (30) days after the date the
petition was filed. If a written objection is timely filed, the court shall
conduct a hearing on the objection.
(b) Not later than sixty-one (61) days after the petition is filed under
subsection (a), the court shall enter an order directing the county
auditor (on the production of the certificate of sale and a copy of the
order) to issue to the petitioner a tax deed if the court finds that the
following conditions exist:
(1) The time of redemption has expired.
(2) The tract or real property has not been redeemed from the sale
before the expiration of the period of redemption specified in
section 4 of this chapter.
(3) Except with respect to a petition for the issuance of a tax deed
under a sale of the certificate of sale on the property under
IC 6-1.1-24-6.1, all taxes and special assessments, penalties, and
costs have been paid.
after it the petition is filed.
(e) In order to obtain a review by the Indiana board of an appeal of
a final determination of the department of local government finance
under IC 6-1.1-8-30, the public utility company must follow the
procedures in IC 6-1.1-8-30.
(f) In order to obtain a review by the Indiana board of an appeal of
a final determination of the department of local government finance
under IC 6-1.1-12.1-5.7(h) (repealed) IC 6-1.1-12.1-5.4(h), the person
must follow the procedures in IC 6-1.1-12.1-5.7(h) (repealed).
IC 6-1.1-12.1-5.4(h).
SECTION 25. IC 6-2.5-1-21, AS ADDED BY P.L.257-2003,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 21. (a) "Lease" or "rental" means any transfer
of possession or control of tangible personal property for a fixed or
indeterminate term for consideration and may include future options to
purchase or extend. "Lease" or "rental" does not include:
(1) a transfer of possession or control of property under a security
agreement or deferred payment plan that requires the transfer of
title upon completion of the required payments;
(2) a transfer or of possession or control of property under an
agreement that requires the transfer of title upon completion of
required payments and payment of an option price that does not
exceed the greater of one hundred dollars ($100) or one percent
(1%) of the total required payments; or
(3) providing tangible personal property along with an operator
for a fixed or indeterminate period, if:
(A) the operator is necessary for the equipment to perform as
designed; and
(B) the operator does more than maintain, inspect, or set up the
tangible personal property.
(b) "Lease" or "rental" includes agreements covering motor vehicles
and trailers in which the amount of consideration may be increased or
decreased by reference to the amount realized upon sale or disposition
of the property as defined in 26 U.S.C. 7701(h)(1).
(c) The definition of "lease" or "rental" set forth in this section
applies throughout this article, regardless of whether a transaction is
characterized as a lease or rental under generally accepted accounting
principles, the Internal Revenue Code, the uniform commercial code
(IC 26-1), or other provisions of federal, state, or local law.
(d) This section applies only to leases or rentals entered into after
June 30, 2003, and has no retroactive effect on leases or rentals entered
into before July 1, 2003.
the department with the information required for the preparation
of the list under this section.
(d) The department shall prescribe a form to be used in
collecting information under this section from retail merchants
that sell tobacco products. A form prescribed under this subsection
may be a modified version of an existing form.
SECTION 29. IC 6-3.5-1.1-3.6, AS AMENDED BY P.L.1-2003,
SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3.6. (a) This section applies only to a county
having a population of more than six thousand (6,000) but less than
eight thousand (8,000).
(b) The county council may, by ordinance, determine that additional
county adjusted gross income tax revenue is needed in the county to:
(1) finance, construct, acquire, improve, renovate, or equip the
county courthouse; and
(2) repay bonds issued, or leases entered into, for constructing,
acquiring, improving, renovating, and equipping the county
courthouse.
(c) In addition to the rates permitted under section 2 of this chapter,
the county council may impose the county adjusted gross income tax
at a rate of twenty-five hundredths percent (0.25%) on the adjusted
gross income of county taxpayers if the county council makes the
finding and determination set forth in subsection (b). The tax imposed
under this section may be imposed only until the later of the date on
which the financing on, acquisition, improvement, renovation, and
equipping described in subsection (b) is completed or the date on
which the last of any bonds issued or leases entered into to finance the
construction, acquisition, improvement, renovation, and equipping
described in subsection (b) are fully paid. The term of the bonds issued
(including any refunding bonds) or a lease entered into under
subsection (b)(2) may not exceed twenty-two (22) years.
(d) If the county council makes a determination under subsection
(b), the county council may adopt a tax rate under subsection (c). The
tax rate may not be imposed for a time greater than is necessary to pay
the costs of financing, constructing, acquiring, renovating, and
equipping the county courthouse.
(e) The county treasurer shall establish a county jail courthouse
revenue fund to be used only for purposes described in this section.
County adjusted gross income tax revenues derived from the tax rate
imposed under this section shall be deposited in the county jail
courthouse revenue fund before a certified distribution is made under
section 11 of this chapter.
assessment year, adjusted, however, for any postabstract
adjustments which change the amount of the levies.
STEP TWO: Determine the amount of the county's estimated
property tax replacement under IC 6-1.1-21-3(a) for property
taxes first due and payable in 2003.
STEP THREE: Subtract the STEP TWO amount from the STEP
ONE amount.
STEP FOUR: Determine the amount of the county's total county
levy (as defined in IC 6-1.1-21-2(g)) for property taxes first due
and payable in 2003.
STEP FIVE: Subtract the STEP FOUR amount from the STEP
ONE amount.
STEP SIX: Subtract the STEP FIVE result from the STEP THREE
result.
STEP SEVEN: Divide the STEP THREE result by the STEP SIX
result.
STEP EIGHT: Multiply the STEP SEVEN result by
eight-hundredths (0.08).
STEP NINE: Round the STEP EIGHT product to the nearest
one-thousandth (0.001) and express the result as a percentage.
(c) The increase of the homestead credit percentage must be
uniform for all homesteads in a county.
(d) In the ordinance that increases the homestead credit percentage,
a county income tax council may provide for a series of increases or
decreases to take place for each of a group of succeeding calendar
years.
(e) An ordinance may be adopted under this section after January 1
but before June 1 of a calendar year.
(f) An ordinance adopted under this section takes effect on January
1 of the next succeeding calendar year.
(g) Any ordinance adopted under this section for a county is
repealed for a year if on January 1 of that year the county option
income tax is not in effect.
SECTION 31. IC 6-3.5-7-5, AS AMENDED BY P.L.224-2003,
SECTION 254, AND AS AMENDED BY P.L.42-2003, SECTION 5,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 5. (a) Except as provided in
subsection (c), the county economic development income tax may be
imposed on the adjusted gross income of county taxpayers. The entity
that may impose the tax is:
(1) the county income tax council (as defined in IC 6-3.5-6-1) if
the county option income tax is in effect on January 1 of the year
the county economic development income tax is imposed;
(2) the county council if the county adjusted gross income tax is
in effect on January 1 of the year the county economic
development tax is imposed; or
(3) the county income tax council or the county council,
whichever acts first, for a county not covered by subdivision (1)
or (2).
To impose the county economic development income tax, a county
income tax council shall use the procedures set forth in IC 6-3.5-6
concerning the imposition of the county option income tax.
(b) Except as provided in subsections (c), (g), (k), and (p), and (r)
the county economic development income tax may be imposed at a rate
of:
(1) one-tenth percent (0.1%);
(2) two-tenths percent (0.2%);
(3) twenty-five hundredths percent (0.25%);
(4) three-tenths percent (0.3%);
(5) thirty-five hundredths percent (0.35%);
(6) four-tenths percent (0.4%);
(7) forty-five hundredths percent (0.45%); or
(8) five-tenths percent (0.5%);
on the adjusted gross income of county taxpayers.
(c) Except as provided in subsection (h), (i), (j), (k), (l), (m), (n), (o),
or (p), the county economic development income tax rate plus the
county adjusted gross income tax rate, if any, that are in effect on
January 1 of a year may not exceed one and twenty-five hundredths
percent (1.25%). Except as provided in subsection (g) or (p), the county
economic development tax rate plus the county option income tax rate,
if any, that are in effect on January 1 of a year may not exceed one
percent (1%).
(d) To impose, increase, decrease, or rescind the county economic
development income tax, the appropriate body must, after January 1 but
before April 1 of a year, adopt an ordinance. The ordinance to impose
the tax must substantially state the following:
"The ________ County _________ imposes the county economic
development income tax on the county taxpayers of _________
County. The county economic development income tax is imposed at
a rate of _________ percent (____%) on the county taxpayers of the
county. This tax takes effect July 1 of this year.".
(e) Any ordinance adopted under this chapter takes effect July 1 of
the year the ordinance is adopted.
(f) The auditor of a county shall record all votes taken on ordinances
presented for a vote under the authority of this chapter and shall, not
more than ten (10) days after the vote, send a certified copy of the
results to the commissioner of the department by certified mail.
(g) This subsection applies to a county having a population of more
than one hundred forty-eight thousand (148,000) but less than one
hundred seventy thousand (170,000). Except as provided in subsection
(p), in addition to the rates permitted by subsection (b), the:
(1) county economic development income tax may be imposed at
a rate of:
(A) fifteen-hundredths percent (0.15%);
(B) two-tenths percent (0.2%); or
(C) twenty-five hundredths percent (0.25%); and
(2) county economic development income tax rate plus the county
option income tax rate that are in effect on January 1 of a year
may equal up to one and twenty-five hundredths percent (1.25%);
if the county income tax council makes a determination to impose rates
under this subsection and section 22 of this chapter.
(h) For a county having a population of more than forty-one
thousand (41,000) but less than forty-three thousand (43,000), except
as provided in subsection (p), the county economic development
income tax rate plus the county adjusted gross income tax rate that are
in effect on January 1 of a year may not exceed one and thirty-five
hundredths percent (1.35%) if the county has imposed the county
adjusted gross income tax at a rate of one and one-tenth percent (1.1%)
under IC 6-3.5-1.1-2.5.
(i) For a county having a population of more than thirteen thousand
five hundred (13,500) but less than fourteen thousand (14,000), except
as provided in subsection (p), the county economic development
income tax rate plus the county adjusted gross income tax rate that are
in effect on January 1 of a year may not exceed one and fifty-five
hundredths percent (1.55%).
(j) For a county having a population of more than seventy-one
thousand (71,000) but less than seventy-one thousand four hundred
(71,400), except as provided in subsection (p), the county economic
development income tax rate plus the county adjusted gross income tax
rate that are in effect on January 1 of a year may not exceed one and
five-tenths percent (1.5%).
(k) This subsection applies to a county having a population of more
than twenty-seven thousand four hundred (27,400) but less than
twenty-seven thousand five hundred (27,500). Except as provided in
subsection (p), in addition to the rates permitted under subsection (b):
(1) the county economic development income tax may be imposed
at a rate of twenty-five hundredths percent (0.25%); and
(2) the sum of the county economic development income tax rate
and the county adjusted gross income tax rate that are in effect on
January 1 of a year may not exceed one and five-tenths percent
(1.5%);
if the county council makes a determination to impose rates under this
subsection and section 22.5 of this chapter.
(l) For a county having a population of more than twenty-nine
thousand (29,000) but less than thirty thousand (30,000), except as
provided in subsection (p), the county economic development income
tax rate plus the county adjusted gross income tax rate that are in effect
on January 1 of a year may not exceed one and five-tenths percent
(1.5%).
(m) For:
(1) a county having a population of more than one hundred
eighty-two thousand seven hundred ninety (182,790) but less than
two hundred thousand (200,000); or
(2) a county having a population of more than forty-five thousand
(45,000) but less than forty-five thousand nine hundred (45,900);
except as provided in subsection (p), the county economic development
income tax rate plus the county adjusted gross income tax rate that are
in effect on January 1 of a year may not exceed one and five-tenths
percent (1.5%).
(n) For a county having a population of more than six thousand
(6,000) but less than eight thousand (8,000), except as provided in
subsection (p), the county economic development income tax rate plus
the county adjusted gross income tax rate that are in effect on January
1 of a year may not exceed one and five-tenths percent (1.5%).
(o) This subsection applies to a county having a population of more
than thirty-nine thousand (39,000) but less than thirty-nine thousand
six hundred (39,600). Except as provided in subsection (p), in addition
to the rates permitted under subsection (b):
(1) the county economic development income tax may be imposed
at a rate of twenty-five hundredths percent (0.25%); and
(2) the sum of the county economic development income tax rate
and:
(A) the county adjusted gross income tax rate that are in effect
on January 1 of a year may not exceed one and five-tenths
percent (1.5%); or
(B) the county option income tax rate that are in effect on
January 1 of a year may not exceed one and twenty-five
hundredths percent (1.25%);
adjusted gross income tax under IC 6-3.5-1.1-3.3.
SECTION 32. IC 6-3.5-7-12, AS AMENDED BY P.L.224-2003,
SECTION 255, AND AS AMENDED BY P.L.255-2003, SECTION 6,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 12. (a) Except as provided in
sections 23, 25, and 26, and 27 of this chapter, the county auditor shall
distribute in the manner specified in this section the certified
distribution to the county.
(b) Except as provided in subsections (c) and (h) and sections 15
and 25 of this chapter, the amount of the certified distribution that the
county and each city or town in a county is entitled to receive during
May and November of each year equals the product of the following:
(1) The amount of the certified distribution for that month;
multiplied by
(2) A fraction. The numerator of the fraction equals the sum of the
following:
(A) Total property taxes that are first due and payable to the
county, city, or town during the calendar year in which the
month falls; plus
(B) For a county, an amount equal to
(i) the property taxes imposed by the county in 1999 for the
county's welfare fund and welfare administration fund. plus
(ii) after December 31, 2004, the greater of zero (0) or the
difference between the county hospital care for the indigent
property tax levy imposed by the county in 2004, adjusted
each year after 2004 by the statewide average assessed
value growth quotient described in IC 12-16-14-3, minus the
current uninsured parents program property tax levy
imposed by the county.
The denominator of the fraction equals the sum of the total
property taxes that are first due and payable to the county and all
cities and towns of the county during the calendar year in which
the month falls, plus an amount equal to the property taxes
imposed by the county in 1999 for the county's welfare fund and
welfare administration fund. and after December 31, 2004, the
greater of zero (0) or the difference between the county hospital
care for the indigent property tax levy imposed by the county in
2004, adjusted each year after 2004 by the statewide average
assessed value growth quotient described in IC 12-16-14-3,
minus the current uninsured parents program property tax levy
imposed by the county.
(c) This subsection applies to a county council or county income tax
council that imposes a tax under this chapter after June 1, 1992. The
body imposing the tax may adopt an ordinance before July 1 of a year
to provide for the distribution of certified distributions under this
subsection instead of a distribution under subsection (b). The following
apply if an ordinance is adopted under this subsection:
(1) The ordinance is effective January 1 of the following year.
(2) Except as provided in sections 25 and 26 of this chapter, the
amount of the certified distribution that the county and each city
and town in the county is entitled to receive during May and
November of each year equals the product of:
(A) the amount of the certified distribution for the month;
multiplied by
(B) a fraction. For a city or town, the numerator of the fraction
equals the population of the city or the town. For a county, the
numerator of the fraction equals the population of the part of
the county that is not located in a city or town. The
denominator of the fraction equals the sum of the population
of all cities and towns located in the county and the population
of the part of the county that is not located in a city or town.
(3) The ordinance may be made irrevocable for the duration of
specified lease rental or debt service payments.
(d) The body imposing the tax may not adopt an ordinance under
subsection (c) if, before the adoption of the proposed ordinance, any of
the following have pledged the county economic development income
tax for any purpose permitted by IC 5-1-14 or any other statute:
(1) The county.
(2) A city or town in the county.
(3) A commission, a board, a department, or an authority that is
authorized by statute to pledge the county economic development
income tax.
(e) The department of local government finance shall provide each
county auditor with the fractional amount of the certified distribution
that the county and each city or town in the county is entitled to receive
under this section.
(f) Money received by a county, city, or town under this section
shall be deposited in the unit's economic development income tax fund.
(g) Except as provided in subsection (b)(2)(B), in determining the
fractional amount of the certified distribution the county and its cities
and towns are entitled to receive under subsection (b) during a calendar
year, the department of local government finance shall consider only
property taxes imposed on tangible property subject to assessment in
that county.
send a certified copy of the ordinance to the department by certified
mail. The county treasurer shall establish a county facilities revenue
fund to be used only for the purposes described in subsection (c)(1) and
(c)(2). The amount of county economic development income tax
revenues derived from the tax rate imposed under this section that are
necessary to pay the costs described in subsection (c)(1) and (c)(2)
shall be deposited into the county facilities revenue fund before a
certified distribution is made under section 12 of this chapter. The
remainder shall be deposited into the economic development income
tax funds of the county's units.
(f) County economic development income tax revenues derived
from the tax rate imposed under this section may not be used for
purposes other than those described in this section.
(g) County economic development income tax revenues derived
from the tax rate imposed under this section that are deposited into the
county facilities revenue fund may not be considered by the department
of local government finance in determining the county's ad valorem
property tax levy for an ensuing calendar year under IC 6-1.1-18.5.
(h) Notwithstanding section 5 of this chapter, and an ordinance may
be adopted under this section at any time. If the ordinance is adopted
before June 1 of a year, a tax rate imposed under this section takes
effect July 1 of that year. If the ordinance is adopted after May 31 of a
year, a tax rate imposed under this section takes effect on the January
1 immediately following adoption of the ordinance.
(i) For a county adopting an ordinance before June 1 in a year, in
determining the certified distribution under section 11 of this chapter
for the calendar year beginning with the immediately following January
1 and each calendar year thereafter, the department shall take into
account the certified ordinance mailed to the department under
subsection (e). For a county adopting an ordinance after May 31, the
department shall issue an initial or a revised certified distribution for
the calendar year beginning with the immediately following January 1.
Except for a county adopting an ordinance after May 31, a county's
certified distribution shall be distributed on the dates specified under
section 16 of this chapter. In the case of a county adopting an ordinance
after May 31, the county, beginning with the calendar year beginning
on the immediately following January 1, shall receive the entire
certified distribution for the calendar year on November 1 of the year.
(j) Notwithstanding any other law, funds accumulated from the
county economic development income tax imposed under this section
and deposited into the the county facilities revenue fund or any other
revenues of the county may be deposited into a nonreverting fund of
the county to be used for operating costs of the courthouse facilities,
juvenile detention facilities, or related facilities. Amounts in the county
nonreverting fund may not be used by the department of local
government finance to reduce the county's ad valorem property tax levy
for an ensuing calendar year under IC 6-1.1-18.5.
SECTION 35. IC 8-6-15-2, AS ADDED BY P.L.87-2003,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. The department shall designate an
abandoned or unused railroad grade crossing under IC 9-21-12-5. as
abandoned or unused.
SECTION 36. IC 8-10-1-12, AS AMENDED BY P.L.271-2003,
SECTION 12, AS AMENDED BY P.L.224-2003, SECTION 212,
AND AS AMENDED BY P.L.165-2003, SECTION 1, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 12. (a) A special and distinct
revolving fund is hereby created, to be known as the Indiana port fund.
Expenditures from said fund shall be made only for the following:
(1) Acquisition of the following: (1) land including lands under
water and riparian rights, or options for the purchase of such land
for a port or project site, and incidental expenses incurred in
connection with such acquisition.
(2) Studies in connection with the port or project.
(3) Studies in connection with transportation by water, intermodal
transportation, and other modes of transportation.
(4) (5) Transfers to the fund established by IC 14-13-2-19 to carry
out the purposes of IC 14-13-2.
(5) (4) Administrative expenses of the commission.
The fund shall be held in the name of the Indiana port commission,
shall be administered by the commission, and all expenditures
therefrom shall be made by the commission, subject, however, to the
approval by governor and the state budget committee of all
expenditures of moneys advanced to said fund by the state of Indiana.
Requests for such approval shall be made in such form as shall be
prescribed by the budget committee, but expenditures for acquisition
of land including lands under water and riparian rights, or options for
the purchase of such land, shall be specifically requested and approved
as to the land to be acquired and the amount to be expended. No
transfers from said fund to any other fund of the state shall be made
except pursuant to legislative action. All unexpended funds
appropriated to the Indiana board of public harbors and terminals by
Acts 1957, c.286, s.6, are hereby transferred to and made a part of the
Indiana port fund created by this section, and shall be expended for the
purpose and in the manner provided by this chapter, subject only to the
restrictions contained in this chapter and no others. provided, However,
that not to exceed one hundred thousand dollars ($100,000) shall be
expended for any purpose other than the acquisition of land, including
lands under water and riparian rights, or options for the purchase of
such land for a port or project site, and incidental expenses incurred in
connection with such acquisition.
(b) Upon the sale of port revenue bonds for any port or project, the
funds expended from the Indiana port fund in connection with the
development of such port or project and any obligation or expense
incurred by the commission for surveys, preparation of plans and
specifications, and other engineering or other services in connection
with development of such port or project shall be reimbursed to the
state general fund from the proceeds of such bonds.
SECTION 37. IC 9-17-3-3, AS AMENDED BY P.L.268-2003,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. (a) If a vehicle for which a certificate of
title has been issued is sold or if the ownership of the vehicle is
otherwise transferred, the person who holds the certificate of title must
do the following:
(1) Endorse on the certificate of title an assignment of the
certificate of title with warranty of title, in a form printed on the
certificate of title, with a statement describing all liens or
encumbrances on the vehicle.
(2) Except as provided in subdivisions (3) and (4), deliver the
certificate of title to the purchaser or transferee at the time of the
sale or delivery to the purchaser or transferee of the vehicle, if the
purchaser or transferee has made all agreed upon initial payments
for the vehicle, including delivery of a trade-in vehicle without
hidden or undisclosed statutory liens.
(3) In the case of a sale or transfer between vehicle dealers
licensed by this state or another state, deliver the certificate of
title within twenty-one (21) days after the date of the sale or
transfer.
(4) Deliver the certificate of title to the purchaser or transferee
within twenty-one (21) days after the date of sale or transfer to the
purchaser or transferee of the vehicle, if all of the following
conditions exist:
(A) The seller or transferor is a vehicle dealer licensed by the
state under IC 9-23.
(B) The vehicle dealer is not able to deliver the certificate of
title at the time of sale or transfer.
results from the acts or omissions of a third party who has failed
to timely deliver the certificate of title in the third party's
possession to the dealer; and
(2) the failure continues for ten (10) business days after the dealer
gives the third party written notice of the failure;
the dealer is entitled to claim against the third party all damages
sustained by the dealer in rescinding the dealer's sale with the
purchaser or transferee, including the dealer's reasonable attorney's
fees.
(d) (e) If a vehicle for which a certificate of title has been issued by
another state is sold or delivered, the person selling or delivering the
vehicle must deliver to the purchaser or receiver of the vehicle a proper
certificate of title with an assignment of the certificate of title in a form
prescribed by the bureau.
(e) (f) The original certificate of title and all assignments and
subsequent reissues of the certificate of title shall be retained by the
bureau and appropriately classified and indexed in the most convenient
manner to trace title to the vehicle described in the certificate of title.
(f) (g) A dealer shall make payment to a third party to satisfy any
obligation secured by the vehicle within five (5) days after the date of
sale.
SECTION 38. IC 9-19-14.5-1, AS AMENDED BY P.L.205-2003,
SECTION 2, AND AS AMENDED BY P.L.236-2003, SECTION 3, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 1. A privately owned vehicle
belonging to a certified paramedic, certified emergency medical
technician-intermediate, certified emergency medical technician-basic
advanced, certified emergency medical technician, certified emergency
medical service driver, or certified emergency medical service first
responder while traveling in the line of duty in connection with
emergency medical services activities may display flashing or
revolving green lights, subject to the following restrictions and
conditions:
(1) The lights may not have a light source less than fifty (50)
candlepower.
(2) All lights shall be placed on the top of the vehicle.
(3) Not more than two (2) green lights may be displayed on a
vehicle and each light must be of the flashing or revolving type
and visible at three hundred sixty (360) degrees.
(4) The lights must consist of a lamp with a green lens and not of
an uncolored lens with a green bulb. However, the revolving
lights may contain multiple bulbs.
a background investigation of an applicant for a license under
IC 12-17.2 or IC 12-17.4.
(c) The department may not charge a fee for responding to a request
for the release of a limited criminal history if the request is made by a
school corporation, special education cooperative, or non-public school
(as defined in IC 20-10.1-1-3) as part of a background investigation of
an employee or adult volunteer for the school corporation, special
education cooperative, or nonpublic school.
(d) As used in this subsection, "state agency" means an authority,
a board, a branch, a commission, a committee, a department, a
division, or another instrumentality of state government, including the
executive and judicial branches of state government, the principal
secretary of the senate, the principal clerk of the house of
representatives, the executive director of the legislative services
agency, a state elected official's office, or a body corporate and politic,
but does not include a state educational institution (as defined in
IC 20-12-0.5-1). The department may not charge a fee for responding
to a request for the release of a limited criminal history if the request
is made:
(1) by a state agency; and
(2) through the computer gateway that is administered by the
intelenet commission under IC 5-21-2 and known as
accessIndiana.
(d) (e) The department may not charge a fee for responding to a
request for the release of a limited criminal history record made by the
health professions bureau established by IC 25-1-5-3 if the request is:
(1) made through the computer gateway that is administered by
the intelenet commission under IC 5-21-2 and known as
accessIndiana; and
(2) part of a background investigation of a practitioner or an
individual who has applied for a license issued by a board (as
defined in IC 25-1-9-1).
SECTION 43. IC 10-17-10-1, AS ADDED BY P.L.2-2003,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003 (RETROACTIVE)]: Sec. 1. If:
(1) a person: who dies:
(A) has served as a member of the armed forces of the United
States as a soldier, sailor, or marine in the army, air force, or
navy of the United States or as a member of the women's
components of the army, air force, or navy of the United
States, is a resident of Indiana, and dies while a member of the
armed forces and before discharge from the armed forces or
after receiving an honorable discharge from the armed forces;
or
(B) is the spouse or surviving spouse of a person described in
clause (A) who and is a resident of Indiana; and
(2) a claim is filed for a burial allowance:
(A) by an interested person with the board of commissioners
of the county of the residence of the deceased person; and
(B) stating the fact:
(i) of the service, death, and discharge if discharged from
service before death; and
(ii) that the body has been buried in a decent and respectable
manner in a cemetery or burial ground;
the board of commissioners shall hear and determine the claim like
other claims and, if the facts averred are found to be true, shall allow
the claim of in an amount set by ordinance. However, the amount
of the allowance may not be more than one hundred thousand dollars
($100) for service rendered and material furnished in care of the body
and where necessary an amount of not more than twenty-five dollars
($25) for a place of burial of the body. ($1,000).
SECTION 44. IC 10-17-10-2, AS ADDED BY P.L.2-2003,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003 (RETROACTIVE)]: Sec. 2. (a) Not more than one (1)
claim for a burial allowance may be allowed for a decedent who
qualifies under this chapter.
(b) The total sum of the claim filed and for which allowances must
be made shall be set by ordinance and may not exceed one hundred
thousand dollars ($100). However, if the federal government provides
a marker for the grave of the person, the board of commissioners shall
make a further allowance of not more than one hundred dollars ($100)
for setting of the marker. ($1,000).
SECTION 45. IC 10-17-10-4, AS ADDED BY P.L.2-2003,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003 (RETROACTIVE)]: Sec. 4. Before a person enters into
a contract to set a grave marker provided by the federal government as
for the grave of a person described in section 2(b) 1(1) of this chapter
with a person who receives the grave marker from the federal
government or the person's representative, the person who will set the
grave marker must disclose the following information to the person
who receives the grave marker or the person's representative:
(1) The price of the least expensive installation procedure that the
person who will set the grave marker will charge and a
description of the goods and services included in the procedure.
payment" has the meaning set forth in IC 12-14-18-1.7 for purposes of
the following:
(1) IC 12-10-6.
(2) IC 12-14-2.
(3) IC 12-14-18.
(4) IC 12-14-19.
(5) IC 12-15-2.
(6) IC 12-15-3.
(7) IC 12-16-3.5.
(8) IC 12-16.1-3.
(9) (8) IC 12-17-1.
(10) (9) IC 12-20-5.5.
SECTION 50. IC 12-10-11.5-6, AS AMENDED BY HEA
1032-2004, SECTION 90, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 6. (a) The office of the
secretary of family and social services shall annually determine any
state savings generated by home and community based services under
this chapter by reducing the use of institutional care.
(b) The secretary shall annually report to the governor, the budget
agency, the budget committee, the select joint commission on
Medicaid oversight, and the executive director of the legislative
services agency the savings determined under subsection (a). A report
under this subsection to the executive director of the legislative
services agency must be in an electronic format under IC 5-14-6.
(c) Savings determined under subsection (a) may be used to fund the
state's share of additional home and community based Medicaid waiver
slots.
SECTION 51. IC 12-15-35-28, AS AMENDED BY P.L.184-2003,
SECTION 7, AND AS AMENDED BY P.L.193-2003, SECTION 2, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 28. (a) The board has the
following duties:
(1) The adoption of rules to carry out this chapter, in accordance
with the provisions of IC 4-22-2 and subject to any office
approval that is required by the federal Omnibus Budget
Reconciliation Act of 1990 under Public Law 101-508 and its
implementing regulations.
(2) The implementation of a Medicaid retrospective and
prospective DUR program as outlined in this chapter, including
the approval of software programs to be used by the pharmacist
for prospective DUR and recommendations concerning the
provisions of the contractual agreement between the state and any
other entity that will be processing and reviewing Medicaid drug
claims and profiles for the DUR program under this chapter.
(3) The development and application of the predetermined criteria
and standards for appropriate prescribing to be used in
retrospective and prospective DUR to ensure that such criteria
and standards for appropriate prescribing are based on the
compendia and developed with professional input with provisions
for timely revisions and assessments as necessary.
(4) The development, selection, application, and assessment of
interventions for physicians, pharmacists, and patients that are
educational and not punitive in nature.
(5) The publication of an annual report that must be subject to
public comment before issuance to the federal Department of
Health and Human Services and to the Indiana legislative council
by December 1 of each year. The report to the legislative
council must be submitted in an electronic format under
IC 5-14-6.
(6) The development of a working agreement for the board to
clarify the areas of responsibility with related boards or agencies,
including the following:
(A) The Indiana board of pharmacy.
(B) The medical licensing board of Indiana.
(C) The SURS staff.
(7) The establishment of a grievance and appeals process for
physicians or pharmacists under this chapter.
(8) The publication and dissemination of educational information
to physicians and pharmacists regarding the board and the DUR
program, including information on the following:
(A) Identifying and reducing the frequency of patterns of
fraud, abuse, gross overuse, or inappropriate or medically
unnecessary care among physicians, pharmacists, and
recipients.
(B) Potential or actual severe or adverse reactions to drugs.
(C) Therapeutic appropriateness.
(D) Overutilization or underutilization.
(E) Appropriate use of generic drugs.
(F) Therapeutic duplication.
(G) Drug-disease contraindications.
(H) Drug-drug interactions.
(I) Incorrect drug dosage and duration of drug treatment.
(J) Drug allergy interactions.
(K) Clinical abuse and misuse.
implications of other components of the state's Medicaid program
and other state funded programs.
(d) Prior authorization is required for coverage under a program
described in subsection (a)(11) of a drug that is not included on the
preferred drug list.
(e) The board shall determine whether to include a single source
covered outpatient drug that is newly approved by the federal Food and
Drug Administration on the preferred drug list not later than sixty (60)
days after the date on which the manufacturer notifies the board in
writing of the drug's approval. However, if the board determines that
there is inadequate information about the drug available to the board
to make a determination, the board may have an additional sixty (60)
days to make a determination from the date that the board receives
adequate information to perform the board's review. Prior authorization
may not be automatically required for a single source drug that is newly
approved by the federal Food and Drug Administration, and that is:
(1) in a therapeutic classification:
(A) that has not been reviewed by the board; and
(B) for which prior authorization is not required; or
(2) the sole drug in a new therapeutic classification that has not
been reviewed by the board.
(f) The board may not exclude a drug from the preferred drug list
based solely on price.
(g) The following requirements apply to a preferred drug list
developed under subsection (a)(11):
(1) Except as provided by IC 12-15-35.5-3(b) and
IC 12-15-35.5-3(c), the office or the board may require prior
authorization for a drug that is included on the preferred drug list
under the following circumstances:
(A) To override a prospective drug utilization review alert.
(B) To permit reimbursement for a medically necessary brand
name drug that is subject to generic substitution under
IC 16-42-22-10.
(C) To prevent fraud, abuse, waste, overutilization, or
inappropriate utilization.
(D) To permit implementation of a disease management
program.
(E) To implement other initiatives permitted by state or federal
law.
(2) All drugs described in IC 12-15-35.5-3(b) must be included on
the preferred drug list.
(3) The office may add a new single source drug that has been
approved by the federal Food and Drug Administration to the
preferred drug list without prior approval from the board.
(4) The board may add a new single source drug that has been
approved by the federal Food and Drug Administration to the
preferred drug list.
(h) At least two (2) times each year, the board shall provide a report
to the select joint commission on Medicaid oversight established by
IC 2-5-26-3. The report must contain the following information:
(1) The cost of administering the preferred drug list.
(2) Any increase in Medicaid physician, laboratory, or hospital
costs or in other state funded programs as a result of the preferred
drug list.
(3) The impact of the preferred drug list on the ability of a
Medicaid recipient to obtain prescription drugs.
(4) The number of times prior authorization was requested, and
the number of times prior authorization was:
(A) approved; and
(B) disapproved.
(i) The board shall provide the first report required under subsection
(h) not later than six (6) months after the board submits an initial
preferred drug list to the office.
SECTION 52. IC 12-17-2-34, AS AMENDED BY P.L.132-2001,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 34. (a) When the Title IV-D agency finds that
an obligor is delinquent and can demonstrate that all previous
enforcement actions have been unsuccessful, the Title IV-D agency
shall send, to a verified address, a notice to the obligor that includes the
following:
(1) Specifies that the obligor is delinquent.
(2) Describes the amount of child support that the obligor is in
arrears.
(3) States that unless the obligor:
(A) pays the obligor's child support arrearage in full;
(B) requests the activation of an income withholding order
under IC 31-16-15-2 and establishes a payment plan with the
Title IV-D agency to pay the arrearage; or
(C) requests a hearing under section 35 of this chapter;
within twenty (20) days after the date the notice is mailed, the Title
IV-D agency shall issue an order to the bureau of motor vehicles stating
that the obligor is delinquent and that the obligor's driving privileges
shall be suspended.
(4) Explains that the obligor has twenty (20) days after the notice
is mailed to do one (1) of the following:
(A) Pay the obligor's child support arrearage in full.
(B) Request the activation of an income withholding order
under IC 31-16-15-2 and establish a payment plan with the
Title IV-D agency to pay the arrearage.
(C) Request a hearing under section 35 of this chapter.
(5) Explains that if the obligor has not satisfied any of the
requirements of subdivision (4) within twenty (20) days after the
notice is mailed, that the Title IV-D agency shall issue a notice to:
(A) the board that regulates the obligor's profession or
occupation, if any, that the obligor is delinquent and that the
obligor may be subject to sanctions under IC 25-1-1.2,
including suspension or revocation of the obligor's
professional or occupational license;
(B) the supreme court disciplinary commission if the obligor
is licensed to practice law;
(C) the professional standards board as established by
IC 20-1-1.4 if the obligor is a licensed teacher;
(D) the Indiana horse racing commission if the obligor holds
or applies for a license issued under IC 4-31-6;
(E) the Indiana gaming commission if the obligor holds or
applies for a license issued under IC 4-33;
(F) the commissioner of the department of insurance if the
obligor holds or is an applicant for a license issued under
IC 27-1-15.6, IC 27-1-15.8, or IC 27-10-3; or
(G) the director of the department of natural resources if the
obligor holds or is an applicant for a license issued by the
department of natural resources under the following:
(i) IC 14-22-12 (fishing, hunting, and trapping licenses).
(ii) IC 14-22-14 (Lake Michigan commercial fishing
license).
(iii) IC 14-22-16 (bait dealer's license).
(iv) IC 14-22-17 (mussel license).
(v) IC 14-22-19 (fur buyer's license).
(vi) IC 14-24-7 (nursery dealer's license).
(vii) IC 14-31-3 (ginseng dealer's license).
(6) Explains that the only basis for contesting the issuance of an
order under subdivision (3) or (5) is a mistake of fact.
(7) Explains that an obligor may contest the Title IV-D agency's
determination to issue an order under subdivision (3) or (5) by
making written application to the Title IV-D agency within twenty
(20) days after the date the notice is mailed.
a death being investigated by the local domestic violence fatality
review team.
(b) An entity or individual that in good faith provides information
described in subsection (a) is immune from civil or criminal liability
that might otherwise be imposed as the result of providing this
information.
SECTION 55. IC 12-18-8-9, AS ADDED BY P.L.181-2003,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 9. The recommendations of a local domestic
violence fatality review team may be disclosed at the discretion of a
majority of the members at the conclusion of a review.
SECTION 56. IC 12-18-8-10, AS ADDED BY P.L.181-2003,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 10. (a) A local domestic violence fatality
review team consists of the following members:
(1) A survivor of domestic violence.
(2) A domestic violence direct service provider.
(3) A representative of law enforcement from the area served by
the local domestic violence fatality review team.
(4) A prosecuting attorney or the prosecuting attorney's designee
from the area served by the local domestic violence fatality
review team.
(5) An expert in the field of forensic pathology.
(6) A medical practitioner with expertise in domestic violence.
(7) A judge who hears civil or criminal cases.
(8) An employee of a child protective services agency.
(b) If a local domestic violence fatality review team is established
in one (1) county, the legislative body that voted to establish the local
domestic violence fatality review team under section 6 of this chapter
shall:
(1) adopt an ordinance for the appointment and reappointment of
members of the local domestic violence fatality review team; and
(2) appoint members to the local domestic violence fatality review
team under the ordinance adopted.
(c) If a local domestic violence fatality review team is established
in a region, the county legislative bodies that voted to establish the
local domestic violence fatality review team under section 6 of this
chapter shall:
(1) each adopt substantially similar ordinances for the
appointment and reappointment of members of the local domestic
violence fatality review team; and
(2) appoint members to the local domestic violence fatality review
team under the ordinances adopted.
(d) A local domestic violence fatality review team may not have
more than fifteen (15) members.
SECTION 57. IC 12-18-8-13, AS ADDED BY P.L.181-2003,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 13. (a) Except as provided in subsection (b),
meetings of a local domestic violence fatality review team are open to
the public.
(b) Meetings of a local domestic violence fatality review team that
involve:
(1) confidential records; or
(2) identifying information regarding a death;
shall be held as an executive session with the public excluded, except
those persons necessary to carry out the fatality review.
(c) If an executive session is held under subsection (b), each
individual who:
(1) attends a meeting of a local domestic violence fatality review
team; and
(2) is not a member of the local domestic violence fatality review
team;
shall sign a confidentiality agreement.
(d) A local domestic violence facility fatality review team shall
keep all confidentiality statements signed under this section.
SECTION 58. IC 13-11-2-84.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 84.5. "Financial or
administrative function", for purposes of sections 151.2, 151.3, and
151.4 of this chapter, IC 13-23-13-14, IC 13-24-1-10, and
IC 13-25-4-8.2, includes a function such as that of:
(1) a credit manager;
(2) an accounts payable officer;
(3) an accounts receivable officer;
(4) a personnel manager;
(5) a comptroller; or
(6) a chief financial officer or a similar function.
SECTION 59. IC 13-11-2-115.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 115.5. "Land trust", for
purposes of IC 13-25-3, means a trust that is established under
terms providing that:
(1) the trustee holds legal or equitable title to property;
(2) the beneficiary has the power to manage the trust
property, including the power to direct the trustee to sell the
property; and
(3) the trustee may sell the trust property:
(A) only at the direction of the beneficiary or other person;
or
(B) after a time stipulated in the terms of the trust.
SECTION 60. IC 13-11-2-116, AS AMENDED BY P.L.133-1998,
SECTION 4, AND AS AMENDED BY P.L.14-2000, SECTION 34, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 116. (a) "Landfill", for purposes
of IC 13-20-2, means a solid waste disposal facility at which solid
waste is deposited on or beneath the surface of the ground as an
intended place of final location.
(b) "Landfill", for purposes of section 114.2 of this chapter and
IC 13-20-11, and IC 13-20-23, means a facility operated under a permit
issued under IC 13-15-3 or IC 13-7-10 (before its repeal) at which solid
waste is disposed of by placement on or under the surface of the
ground.
(c) "Landfill", for purposes of section 82 of this chapter and
IC 13-21, means a solid waste management disposal facility at which
solid waste is deposited on or in the ground as an intended place of
final location. The term does not include the following:
(1) A site that is devoted solely to receiving one (1) or more of the
following:
(A) Fill dirt.
(B) Vegetative matter subject to disposal as a result of:
(i) landscaping;
(ii) yard maintenance;
(iii) land clearing; or
(iv) any combination of activities referred to in this clause.
(2) A facility receiving waste that is regulated under the
following:
(A) IC 13-22-1 through IC 13-22-8.
(B) IC 13-22-13 through IC 13-22-14.
SECTION 61. IC 13-11-2-160 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 160. "Petroleum",
for purposes of:
(1) IC 13-23;
(2) IC 13-24-1; and
(3) IC 13-25-5;
includes petroleum and crude oil or any part of petroleum or crude oil
that is liquid at standard conditions of temperature and pressure (sixty
degrees Fahrenheit (60°F)) (60°F) and fourteen and seven-tenths (14.7)
pounds per square inch absolute).
SECTION 62. IC 13-11-2-265.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 265.1. "Watershed", for
purposes of IC 13-18-3, has the meaning set forth in IC 14-8-2-310.
SECTION 63. IC 16-18-2-67 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 67. (a)
"Comprehensive care bed", for purposes of IC 16-29-1, has the
meaning set forth in IC 16-29-1-1.
(b) "Comprehensive care bed", for purposes of IC 16-29-2, has the
meaning set forth in IC 16-29-2-1.
SECTION 64. IC 16-31-6-4, AS AMENDED BY P.L.2-2003,
SECTION 53, AND AS AMENDED BY P.L.205-2003, SECTION 35,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 4. (a) This section does not
apply to an act or omission that was a result of gross negligence or
willful or intentional misconduct.
(b) An act or omission of a paramedic, an advanced emergency
medical technician technician-intermediate, an emergency medical
technician technician-basic advanced, an emergency medical
technician, or a person with equivalent certification from another state
that is performed or made while providing advanced life support or
basic life support to a patient or trauma victim does not impose liability
upon the paramedic, the advanced emergency medical technician
technician-intermediate, the emergency medical technician
technician-basic advanced, an emergency medical technician, the
person with equivalent certification from another state, a hospital, a
provider organization, a governmental entity, or an employee or other
staff of a hospital, provider organization, or governmental entity if the
advanced life support or basic life support is provided in good faith:
(1) in connection with a disaster emergency declared by the
governor under IC 10-4-1-7 IC 10-14-3-12 in response to an act
that the governor in good faith believes to be an act of terrorism
(as defined in IC 35-41-1-26.5); and
(2) in accordance with the rules adopted by the Indiana
emergency medical services commission or the disaster
emergency declaration of the governor.
SECTION 65. IC 16-31-8.5-1, AS ADDED BY P.L.205-2003,
SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1. As used in this chapter, "agency" refers to
the state emergency management agency established by IC 10-8-2-1.
IC 10-14-2-1.
SECTION 66. IC 16-38-5-4, AS ADDED BY P.L.135-2003,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4. (a) An entity described in section 3(c) of
this chapter, the state department, or an agent of the state department
who in good faith provides or receives immunization information is
immune from civil and criminal liability for the following:
(1) Providing information to the immunization data registry.
(2) Using the immunization data registry information to verify
that a patient or child has received proper immunizations.
(3) Using the immunization data registry information to inform a
patient or the child's parent or guardian:
(A) of the patient patient's or child's immunization status; or
(B) that an immunization is due according to recommended
immunization schedules.
(b) A person who knowingly, intentionally, or recklessly discloses
confidential information contained in the immunization data registry in
violation of this chapter commits a Class A misdemeanor.
SECTION 67. IC 16-41-6-1, AS AMENDED BY P.L.212-2003,
SECTION 4, AND AS AMENDED BY P.L.237-2003, SECTION 6, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 1. (a) Except as provided in
IC 16-41-10-2.5 and subsection (b), a person may not perform a
screening or confirmatory test for the antibody or antigen to the human
immunodeficiency virus (HIV) HIV without the consent of the
individual to be tested or a representative as authorized under
IC 16-36-1. A physician ordering the test or the physician's authorized
representative shall document whether or not the individual has
consented. The test for the antibody or antigen to HIV may not be
performed on a woman under section 5 or 6 of this chapter if the
woman refuses under section 7 of this chapter to consent to the test.
(b) The test for the antibody or antigen to HIV may be performed if
one (1) of the following conditions exists:
(1) If ordered by a physician who has obtained a health care
consent under IC 16-36-1 or an implied consent under emergency
circumstances and the test is medically necessary to diagnose or
treat the patient's condition.
(2) Under a court order based on clear and convincing evidence
of a serious and present health threat to others posed by an
individual. A hearing held under this subsection shall be held in
camera at the request of the individual.
(3) If the test is done on blood collected or tested anonymously as
part of an epidemiologic survey under IC 16-41-2-3 or
IC 16-41-17-10(a)(5).
(4) The test is ordered under section 4 of this chapter.
(5) The test is required or authorized under IC 11-10-3-2.5.
(c) A court may order a person to undergo testing for HIV under
IC 35-38-1-10.5(a) or IC 35-38-2-2.3(a)(16).
SECTION 68. IC 16-41-6-8, AS ADDED BY P.L.237-2003,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 8. (a) This section applies to a physician or an
advanced practice nurse who orders an HIV test under section 5 or 6 of
this chapter or to the physician's or nurse's designee.
(b) An individual described in subsection (a) shall:
(1) inform the pregnant woman that:
(A) the individual is required by law to order an HIV test
unless the pregnant woman refuses; and
(B) the pregnant woman has a right to refuse the test; and
(2) explain to the pregnant woman:
(A) the purpose of the test; and
(B) the risks and benefits of the test.
(c) An individual described in subsection (a) shall document in the
pregnant woman's medical records that the pregnant woman received
the information required under subsection (b).
(d) If a pregnant woman refuses to consent to an HIV test, the
refusal must be noted in the pregnant woman's medical records.
(e) If a test ordered under section 5 or 6 of this chapter is positive,
an individual described in subsection (a):
(1) shall inform the pregnant woman of the test results;
(2) shall inform the pregnant woman of the treatment options or
referral options available to the pregnant woman; and
(3) shall:
(A) provide the pregnant woman with a description of the
methods of HIV transmission;
(B) discuss risk reduction behavior modifications with the
pregnant woman, including methods to reduce the risk of
perinatal HIV transmission and HIV transmission through
breast milk; and
(C) provide the pregnant woman with referral information to
other HIV prevention, health care, and psychosocial services.
(f) The provisions of IC 16-41-2-3 apply to a positive HIV test under
section 5 or 6 of this chapter.
(g) The results of a test performed under section 5 or 6 of this
chapter are confidential.
employer to receive the test results.
(c) The medical director or physician described in section 3 of this
chapter section shall notify the emergency medical services provider
of the test results not more than forty-eight (48) hours after the medical
director or physician receives the test results.
SECTION 70. IC 16-42-5-28, AS ADDED BY P.L.266-2001,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 28. (a) The state department shall adopt rules
under IC 4-22-2 establishing a schedule of civil penalties that may be
imposed by the state department to enforce either of the following:
(1) This chapter.
(2) Rules adopted to implement this chapter.
(b) A penalty included in the schedule of civil penalties established
under this section may not exceed one thousand dollars ($1,000) for
each violation per day.
(c) The civil penalties collected under this section shall be deposited
in the state general fund.
(d) The state department may issue an order of compliance or
impose a civil penalty included in the schedule of civil penalties
established under this section, or both, against a person who does any
of the following:
(1) Fails to comply with this chapter or a rule adopted to
implement this chapter.
(2) Interferes with or obstructs the state department or the state
department's designated agent in the performance of duties under
this chapter.
(e) The state department may issue an order of compliance against
a person described in subsection (c) (d) under IC 4-21.5-3-6,
IC 4-21.5-3-8, or IC 4-21.5-4. The state department may impose a civil
penalty against a person described in subsection (c) (d) only in a
proceeding under IC 4-21.5-3-8.
(f) A proceeding commenced to impose a civil penalty under the
schedule of civil penalties established under this section may be
consolidated with any other proceeding commenced to enforce either
of the following:
(1) This chapter.
(2) A rule adopted by the state department to implement this
chapter.
(g) A corporation or a local health department:
(1) may bring an administrative action to enforce this chapter,
rules adopted to implement this chapter, or the schedule of civil
penalties established by the state department under this section;
section may require any of the following:
(1) The school corporation, including a school township, may
request limited criminal history information concerning each
applicant for noncertificated employment or certificated
employment from a local or state law enforcement agency before
or not later than three (3) months after the applicant's employment
by the school corporation.
(2) Each individual hired for noncertificated employment or
certificated employment may be required to provide a written
consent for the school corporation to request under IC 5-2-5
IC 10-13-3 limited criminal history information or a national
criminal history background check concerning the individual
before or not later than three (3) months after the individual's
employment by the school corporation. The school corporation
may require the individual to provide a set of fingerprints and pay
any fees required for a national criminal history background
check.
(3) Each individual hired for noncertificated employment may be
required at the time the individual is hired to submit a certified
copy of the individual's limited criminal history (as defined in
IC 5-2-5-1(1)) IC 10-13-3-11) to the school corporation.
(4) Each individual hired for noncertificated employment may be
required at the time the individual is hired to:
(A) submit a request to the Indiana central repository for
limited criminal history information under IC 5-2-5;
IC 10-13-3;
(B) obtain a copy of the individual's limited criminal history;
and
(C) submit to the school corporation the individual's limited
criminal history and a document verifying a disposition (as
defined in IC 5-2-5-1(6)) IC 10-13-3-7) that does not appear
on the limited criminal history.
(5) Each applicant for noncertificated employment or certificated
employment may be required at the time the individual applies to
answer questions concerning the individual's limited criminal
history. The failure to answer honestly questions asked under this
subdivision is grounds for termination of the employee's
employment.
(6) Each individual that:
(A) seeks to enter into a contract to provide services to a
school corporation; or
(B) is employed by an entity that seeks to enter into a contract
with a school corporation;
may be required at the time the contract is formed to comply with
the procedures described in subdivision (4)(A) and (4)(B). The
school corporation either may require that the individual or the
contractor comply with the procedures described in subdivision
(4)(C) or (5). subdivisions (2), (4), and (5). An individual who is
employed by an entity that seeks to enter into a contract with a
school corporation to provide student services in which the
entity's employees have direct contact with students in a school
based program may be required to provide the consent described
in subdivision (2) or the information described in subdivisions (4)
and (5) to either the individual's employer or the school
corporation. Failure to comply with subdivisions (2), (4), and (5),
as required by the school corporation, is grounds for termination
of the contract. An entity that enters into a contract with a school
corporation to provide student services in which the entity's
employees have direct contact with students in a school based
program is allowed to obtain limited criminal history information
or a national criminal history background check regarding the
entity's applicants or employees in the same manner that a school
corporation may obtain the information.
(c) If an individual is required to obtain a limited criminal history
under this section, the individual is responsible for all costs associated
with obtaining the limited criminal history.
(d) Information obtained under this section must be used in
accordance with IC 5-2-5-6. IC 10-13-3-29.
SECTION 73. IC 20-6.1-3-11, AS ADDED BY P.L.100-2001,
SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 11. (a) As used in this section, "program"
refers to the transition to teaching program established by subsection
(b).
(b) The transition to teaching program is established to accomplish
the following:
(1) Facilitate the transition into the teaching profession of
competent professionals in fields other than teaching.
(2) Allow competent professionals who do not hold a teaching
license to earn and be issued a teaching license through
participation in and satisfactory completion of the program.
(c) Subject to the requirements of this section, the board shall
develop and administer the program. The board shall determine the
details of the program that are not included in this section.
(d) Each accredited teacher training school and department shall
establish a course of study that constitutes the higher education
component of the program. The higher education component required
under this subsection must comply with the following requirements:
(1) Include the following study requirements:
(A) For a program participant who seeks to obtain a license to
teach in grade 6 through grade 12, up to eighteen (18) credit
hours of study or the equivalent that prepare a program
participant to meet Indiana standards for teaching in the
subject areas corresponding to the area in which the program
participant has met the education requirements under
subsection (e), unless the program participant demonstrates
that the program participant requires fewer credit hours of
study to meet Indiana standards for teaching.
(B) For a program participant who seeks to obtain a license to
teach in kindergarten through grade 5, twenty-four (24) credit
hours of study or the equivalent, which must include at least
six (6) credit hours in the teaching of reading, that prepare a
program participant to meet Indiana standards for teaching,
unless the program participant demonstrates that the program
participant requires fewer credit hours of study to meet Indiana
standards for teaching.
(2) Focus on the communication of knowledge to students.
(3) Include suitable field or classroom experiences if the program
participant does not have teaching experience.
(e) A person who wishes to participate in the program must have
one (1) of the following qualifications:
(1) For a program participant who seeks to obtain a license to
teach in grade 6 through grade 12, one (1) of the following:
(A) A bachelor's degree or the equivalent with a grade point
average of three (3.0) on a four (4.0) scale from an accredited
institution of higher education in the subject area that the
person intends to teach.
(B) A graduate degree from an accredited institution of higher
education in the subject area that the person intends to teach.
(C) Both:
(i) a bachelor's degree from an accredited institution of
higher education with a grade point average of two and
five-tenths (2.5) on a four (4) point scale; and
(ii) five (5) years of professional experience;
in the subject area that the person intends to teach.
(2) For a program participant who seeks to obtain a license to
teach in kindergarten through grade 5, one (1) of the following:
from the school corporation's general fund.
(c) During the period beginning July 1, 2003, and ending June 30,
2005, the school corporation may transfer money in a fund maintained
by the school corporation (other than the special education preschool
fund (IC 21-2-17-1) or the school bus replacement fund
(IC 21-2-11.5-2)) that is obtained from:
(1) a source other than a state distribution or local property
taxation; or
(2) a state distribution or a property tax levy that is required to be
deposited in the fund;
to any other fund. A transfer under subdivision (2) may not be the sole
basis for reducing the property tax levy for the fund from which the
money is transferred or the fund to which money is transferred. Money
transferred under this subsection may be used only to pay costs,
including debt service, attributable to reductions in funding for
transportation distributions under IC 21-3-3.1, including
reimbursements associated with transportation costs for special
education and vocational programs under IC 21-3-3.1-4, and ADA flat
grants under IC 21-3-4.5. The property tax levy for a fund from which
money was transferred may not be increased to replace the money
transferred to another fund.
(d) The total amount transferred under subsection (c) may not
exceed the following:
(1) For the period beginning July 1, 2003, and ending June 30,
2004, the total amount of state funding received for transportation
distributions under IC 21-3-3.1, including reimbursements
associated with transportation costs for special education and
vocational programs under IC 21-3-3.1-4, and ADA flat grants
under IC 21-3-4.5 for the same period.
(2) For the period beginning July 1, 2004, and ending June 30,
2005, the product of:
(A) the amount determined under subdivision (1); multiplied
by
(B) two (2).
SECTION 79. IC 21-2-15-4, AS AMENDED BY P.L.224-2003,
SECTION 148, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 4. (a) As used in this
subsection, "calendar year distribution" means the sum of:
(1) all distributions to a school corporation under:
(A) IC 6-1.1-19-1.5;
(B) IC 21-1-30;
(C) IC 21-3-1.7;
IC 20-10.1-25, the 4R's technology program under
IC 20-10.1-25, or any other program under the educational
technology program described in IC 20-10.1-25; or
(C) to obtain any combination of equipment or services
described in clauses (A) and (B).
(f) The fund may be used to purchase:
(1) building sites;
(2) buildings in need of renovation;
(3) building materials; and
(4) equipment;
for the use of vocational building trades classes to construct new
buildings and to remodel existing buildings.
(g) The fund may be used for leasing or renting of existing real
estate, excluding payments authorized under IC 21-5-11 and
IC 21-5-12.
(h) The fund may be used to pay for services of the school
corporation employees that are bricklayers, stone masons, cement
masons, tile setters, glaziers, insulation workers, asbestos removers,
painters, paperhangers, drywall applicators and tapers, plasterers, pipe
fitters, roofers, structural and steel workers, metal building assemblers,
heating and air conditioning installers, welders, carpenters, electricians,
or plumbers, as these occupations are defined in the United States
Department of Labor, Employment and Training Administration,
Dictionary of Occupational Titles, Fourth Edition, Revised 1991, if:
(1) the employees perform construction of, renovation of,
remodeling of, repair of, or maintenance on the facilities and
equipment specified in subsections (b) and (c);
(2) the school corporation's total annual salary and benefits paid
by the school corporation to employees described in this
subsection are at least six hundred thousand dollars ($600,000);
and
(3) the payment of the employees described in this subsection is
included as part of the proposed capital projects fund plan
described in section 5(a) of this chapter.
However, the number of employees that are covered by this subsection
is limited to the number of employee positions described in this
subsection that existed on January 1, 1993. For purposes of this
subsection, maintenance does not include janitorial or comparable
routine services normally provided in the daily operation of the
facilities or equipment.
(i) The fund may be used to pay for energy saving contracts entered
into by a school corporation under IC 36-1-12.5.
1 of the preceding year an index number in accordance with the
following table, adding the total index numbers of all teachers in the
school corporation and dividing the total by the number of teachers.
The state factor shall be similarly calculated for all the teachers
employed by the state's school corporations.
Amount of College
Amount of
Training
Experience
Index Factor
(a) Less than 4 years Not applicable 0
.7
(b) 4 years but less Less than 6 years 0
.8
than 5 years
6 years or more 0
.9
(c) 5 years or more Less than 5 years 1
.0
5 years or more
but less than 11
years 1
.1
11 years or more
but less than 17
years 1
.2
17 years or more 1
.3a 1.3
SECTION 81. IC 21-3-1.7-9.8, AS AMENDED BY P.L.224-2003,
SECTION 166, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 9.8. (a) In addition to the
distributions under sections 8.2, 9.5, 9.7, and 9.9 of this chapter, a
school corporation is eligible for an honors diploma award in the
amount determined under STEP TWO of the following formula:
STEP ONE: Determine the number of the school corporation's
eligible pupils who successfully completed an academic honors
diploma program in the school year ending in the previous
calendar year.
STEP TWO: Multiply the STEP ONE amount by nine hundred
sixty-three dollars ($963).
(c) (b) Each year the governing body of a school corporation may
use the money that the school corporation receives for an honors
diploma award under this section to give nine hundred sixty-three
dollars ($963) to each eligible pupil in the school corporation who
successfully completes an academic honors diploma program in the
school year ending in the previous calendar year.
SECTION 82. IC 22-4-15-1, AS AMENDED BY P.L.189-2003,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1. (a) With respect to benefit periods
established on and after July 6, 1980, an individual who has voluntarily
left the individual's most recent employment without good cause in
connection with the work or who was discharged from the individual's
most recent employment for just cause is ineligible for waiting period
or benefit rights for the week in which the disqualifying separation
occurred and until the individual has earned remuneration in
employment equal to or exceeding the weekly benefit amount of the
individual's claim in each of eight (8) weeks. If the qualification
amount has not been earned at the expiration of an individual's benefit
period, the unearned amount shall be carried forward to an extended
benefit period or to the benefit period of a subsequent claim.
(b) When it has been determined that an individual has been
separated from employment under disqualifying conditions as outlined
in this section, the maximum benefit amount of the individual's current
claim, as initially determined, shall be reduced by twenty-five percent
(25%). If twenty-five percent (25%) of the maximum benefit amount
is not an even dollar amount, the amount of such reduction will be
raised to the next higher even dollar amount. The maximum benefit
amount may not be reduced by more than twenty-five percent (25%)
during any benefit period or extended benefit period.
(c) The disqualifications provided in this section shall be subject to
the following modifications:
(1) An individual shall not be subject to disqualification because
of separation from the individual's employment if:
(A) the individual left to accept with another employer
previously secured permanent full-time work which offered
reasonable expectation of continued covered employment and
betterment of wages or working conditions; and thereafter was
employed on said job;
(B) having been simultaneously employed by two (2)
employers, the individual leaves one (1) such employer
voluntarily without good cause in connection with the work
but remains in employment with the second employer with a
reasonable expectation of continued employment; or
(C) the individual left to accept recall made by a base period
employer.
(2) An individual whose unemployment is the result of medically
substantiated physical disability and who is involuntarily
unemployed after having made reasonable efforts to maintain the
employment relationship shall not be subject to disqualification
under this section for such separation.
(3) An individual who left work to enter the armed forces of the
United States shall not be subject to disqualification under this
section for such leaving of work.
individual voluntarily left employment or was discharged due to
circumstances directly caused by domestic or family violence (as
defined in IC 31-9-2-42). An individual who may be entitled to
benefits based on this modification may apply to the office of the
attorney general under IC 5-26.5 to have an address designated
by the office of the attorney general to serve as the individual's
address for purposes of this article. under IC 5-26.5.
As used in this subsection, "labor market" means the area surrounding
an individual's permanent residence, outside which the individual
cannot reasonably commute on a daily basis. In determining whether
an individual can reasonably commute under this subdivision, the
department shall consider the nature of the individual's job.
(d) "Discharge for just cause" as used in this section is defined to
include but not be limited to:
(1) separation initiated by an employer for falsification of an
employment application to obtain employment through
subterfuge;
(2) knowing violation of a reasonable and uniformly enforced rule
of an employer;
(3) unsatisfactory attendance, if the individual cannot show good
cause for absences or tardiness;
(4) damaging the employer's property through willful negligence;
(5) refusing to obey instructions;
(6) reporting to work under the influence of alcohol or drugs or
consuming alcohol or drugs on employer's premises during
working hours;
(7) conduct endangering safety of self or coworkers; or
(8) incarceration in jail following conviction of a misdemeanor or
felony by a court of competent jurisdiction or for any breach of
duty in connection with work which is reasonably owed an
employer by an employee.
(e) To verify that domestic or family violence has occurred, an
individual who applies for benefits under subsection (c)(8) shall
provide one (1) of the following:
(1) A report of a law enforcement agency (as defined in
IC 5-2-5-1). IC 10-13-3-10).
(2) A protection order issued under IC 34-26-5.
(3) A foreign protection order (as defined in IC 34-6-2-48.5).
(4) An affidavit from a domestic violence service provider
verifying services provided to the individual by the domestic
violence service provider.
SECTION 83. IC 22-4-15-2, AS AMENDED BY P.L.189-2003,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. (a) With respect to benefit periods
established on and after July 3, 1977, an individual is ineligible for
waiting period or benefit rights, or extended benefit rights, if the
department finds that, being totally, partially, or part-totally
unemployed at the time when the work offer is effective or when the
individual is directed to apply for work, the individual fails without
good cause:
(1) to apply for available, suitable work when directed by the
commissioner, the deputy, or an authorized representative of the
department of workforce development or the United States
training and employment service;
(2) to accept, at any time after the individual is notified of a
separation, suitable work when found for and offered to the
individual by the commissioner, the deputy, or an authorized
representative of the department of workforce development or the
United States training and employment service, or an employment
unit; or
(3) to return to the individual's customary self-employment when
directed by the commissioner or the deputy.
(b) With respect to benefit periods established on and after July 6,
1980, the ineligibility shall continue for the week in which the failure
occurs and until the individual earns remuneration in employment
equal to or exceeding the weekly benefit amount of the individual's
claim in each of eight (8) weeks. If the qualification amount has not
been earned at the expiration of an individual's benefit period, the
unearned amount shall be carried forward to an extended benefit period
or to the benefit period of a subsequent claim.
(c) With respect to extended benefit periods established on and after
July 5, 1981, the ineligibility shall continue for the week in which the
failure occurs and until the individual earns remuneration in
employment equal to or exceeding the weekly benefit amount of the
individual's claim in each of four (4) weeks.
(d) If an individual failed to apply for or accept suitable work as
outlined in this section, the maximum benefit amount of the
individual's current claim, as initially determined, shall be reduced by
twenty-five percent (25%). If twenty-five percent (25%) of the
maximum benefit amount is not an even dollar amount, the amount of
such reduction shall be raised to the next higher even dollar amount.
The maximum benefit amount of the individual's current claim may not
be reduced by more than twenty-five percent (25%) during any benefit
period or extended benefit period.
determination of whether any work is suitable work shall be made as
provided in subsection (e).
(h) With respect to extended benefit periods established on and after
July 5, 1981, no work shall be considered suitable and extended
benefits shall not be denied under this article to any otherwise eligible
individual for refusing to accept new work under any of the following
conditions:
(1) If the gross average weekly remuneration payable to the
individual for the position would not exceed the sum of:
(A) the individual's average weekly benefit amount for the
individual's benefit year; plus
(B) the amount (if any) of supplemental unemployment
compensation benefits (as defined in Section 501(c)(17)(D) of
the Internal Revenue Code) payable to the individual for such
week.
(2) If the position was not offered to the individual in writing or
was not listed with the department of workforce development.
(3) If such failure would not result in a denial of compensation
under the provisions of this article to the extent that such
provisions are not inconsistent with the applicable federal law.
(4) If the position pays wages less than the higher of:
(A) the minimum wage provided by 29 U.S.C. 206(a)(1) (The
Fair Labor Standards Act of 1938), without regard to any
exemption; or
(B) the state minimum wage (IC 22-2-2).
(i) The department of workforce development shall refer individuals
eligible for extended benefits to any suitable work (as defined in
subsection (g)) to which subsection (h) would not apply.
SECTION 84. IC 22-4-17-2, AS AMENDED BY P.L.273-2003,
SECTION 5, AND AS AMENDED BY P.L.189-2003, SECTION 5, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 2. (a) When an individual files
an initial claim, the department shall promptly make a determination
of the individual's status as an insured worker in a form prescribed by
the board. A written notice of the determination of insured status shall
be furnished to the individual promptly. Each such determination shall
be based on and include a written statement showing the amount of
wages paid to the individual for insured work by each employer during
the individual's base period and shall include a finding as to whether
such wages meet the requirements for the individual to be an insured
worker, and, if so, the week ending date of the first week of the
individual's benefit period, the individual's weekly benefit amount, and
the maximum amount of benefits that may be paid to the individual for
weeks of unemployment in the individual's benefit period. For the
individual who is not insured, the notice shall include the reason for the
determination. Unless the individual, within twenty (20) ten (10) days
after such determination was mailed to the individual's last known
address, or otherwise delivered to the individual, asks a hearing thereon
before an administrative law judge, such determination shall be final
and benefits shall be paid or denied in accordance therewith.
(b) Except as provided in subsection (i), the department shall
promptly furnish each employer in the base period whose experience
or reimbursable account is potentially chargeable with benefits to be
paid to such individual with a notice in writing of the employer's
benefit liability. Such notice shall contain the date, the name and social
security account number of the individual, the ending date of the
individual's base period, and the week ending date of the first week of
the individual's benefit period. Such notice shall further contain
information as to the proportion of benefits chargeable to the
employer's experience or reimbursable account in ratio to the earnings
of such individual from such employer. Unless the employer, within
twenty (20) ten (10) days after such notice of benefit liability was
mailed to the employer's last known address, or otherwise delivered to
the employer, asks a hearing thereon before an administrative law
judge, such determination shall be final and benefits paid shall be
charged in accordance therewith.
(c) An employing unit, including an employer, having knowledge
of any facts which may affect an individual's eligibility or right to
waiting period credits or benefits, shall notify the department of such
facts within twenty (20) ten (10) days after the mailing of notice that a
former employee has filed an initial or additional claim for benefits on
a form prescribed by the board.
(d) In addition to the foregoing determination of insured status by
the department, the deputy shall, throughout the benefit period,
determine the claimant's eligibility with respect to each week for which
the claimant claims waiting period credit or benefit rights, the validity
of the claimant's claim therefor, and the cause for which the claimant
left the claimant's work, or may refer such claim to an administrative
law judge who shall make the initial determination with respect thereto
in accordance with the procedure in IC 22-4-17-3.
(e) In cases where the claimant's benefit eligibility or
disqualification is disputed, the department shall promptly notify the
claimant and the employer or employers directly involved or connected
with the issue raised as to the validity of such claim, the eligibility of
the claimant for waiting period credit or benefits, or the imposition of
a disqualification period or penalty, or the denial thereof, and of the
cause for which the claimant left the claimant's work, of such
determination and the reasons thereof. Except as otherwise hereinafter
provided in this subsection regarding parties located in Alaska, Hawaii,
and Puerto Rico, unless the claimant or such employer, within twenty
(20) ten (10) days after such notification was mailed to the claimant's
or the employer's last known address, or otherwise delivered to the
claimant or the employer, asks a hearing before an administrative law
judge thereon, such decision shall be final and benefits shall be paid or
denied in accordance therewith. With respect to notice of disputed
administrative determination or decision mailed or otherwise delivered
to the claimant or employer either of whom is located in Alaska,
Hawaii, or Puerto Rico, unless such claimant or employer, within
twenty-five (25) fifteen (15) days after such notification was mailed to
the claimant's or employer's last known address or otherwise delivered
to the claimant or employer, asks a hearing before an administrative
law judge thereon, such decision shall be final and benefits shall be
paid or denied in accordance therewith. If such hearing is desired, the
request therefor shall be filed with the commissioner in writing within
the prescribed periods as above set forth in this subsection and shall be
in such form as the board may prescribe. In the event a hearing is
requested by an employer or the department after it has been
administratively determined that benefits should be allowed to a
claimant, entitled benefits shall continue to be paid to said claimant
unless said administrative determination has been reversed by a due
process hearing. Benefits with respect to any week not in dispute shall
be paid promptly regardless of any appeal.
(f) No A person may not participate on behalf of the department in
any case in which the person is an interested party.
(g) Solely on the ground of obvious administrative error appearing
on the face of an original determination, and within the benefit year of
the affected claims, the commissioner, or a representative authorized
by the commissioner to act in the commissioner's behalf, may
reconsider and direct the deputy to revise the original determination so
as to correct the obvious error appearing therein. Time for filing an
appeal and requesting a hearing before an administrative law judge
regarding the determinations handed down pursuant to this subsection
shall begin on the date following the date of revision of the original
determination and shall be filed with the commissioner in writing
within the prescribed periods as above set forth in subsection (c).
(h) Notice to the employer and the claimant that the determination
of the department is final if a hearing is not requested shall be
prominently displayed on the notice of the determination which is sent
to the employer and the claimant.
(i) If an allegation of the applicability of IC 22-4-15-1(c)(8) is made
by the individual at the time of the claim for benefits, the department
shall not notify the employer that a claim for benefits has been made.
SECTION 85. IC 22-13-4-7, AS ADDED BY P.L.112-2003,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 7. (a) This section applies only to new
construction of the following dwellings:
(1) A detached one (1) or two (2) family dwelling.
(2) A townhouse.
(b) This section does not apply to a mobile structure or an
industrialized building system.
(c) As used in this section, "environmental controls" means switches
or devices that control or regulate lights, temperature, fuses, fans,
doors, security system features, or other features.
(d) As used in this section, "new construction" means the
construction of a new dwelling on a vacant lot. The term does not
include an addition to or remodeling of an existing building.
(e) As used in this section, "townhouse" means a single family
dwelling unit constructed in a row of attached units separated by
property lines and with open space on at least two (2) sides.
(f) As used in this section, "visitability feature" means a design
feature of a dwelling that allows a person with a mobility impairment
to enter and comfortably stay in a dwelling for a duration of time. The
term includes features that allow a person with a mobility impairment
to get in and out through one (1) exterior door of the dwelling without
any steps and to pass through all main floor interior doors, including a
bathroom door.
(g) If a person contracts with a designer and a builder for
construction of a visitability feature in the new construction of a
dwelling, the designer and builder shall comply with the standards
adopted by the commission under this section for the construction and
design of the visitability feature. The standards adopted under this
section:
(1) shall be enforced by a political subdivision that enforces the
commission's standards with respect to Class 2 structures; and
(2) may not be enforced by the department.
(h) The commission shall adopt minimum standards by rule under
IC 4-22-2 for visitability features in the new construction of a dwelling.
The rules shall include minimum standards for the following:
division. This contract must specify the percentage of gross
contributions which the charitable organization will receive or the
terms upon which a determination can be made as to the amount of the
gross revenue from the solicitation campaign that the charitable
organization will receive. The amount of gross revenue from the
solicitation campaign that the charitable organization will receive must
be expressed as a fixed percentage of the gross revenue or expressed
as a reasonable estimate of the percentage of the gross revenue. If a
reasonable estimate is used, the contract must clearly disclose the
assumptions or a formula upon which the estimate is based. If a fixed
percentage is used, the percentage must exclude any amount that the
charitable organization is to pay as expenses of the solicitation
campaign, including the cost of the merchandise or services sold. If
requested by the charitable organization, the person who solicits must
at the conclusion of a charitable appeal provide to the charitable
organization the names and addresses of all contributors, the amount
of each contribution, and a final accounting of all expenditures. Such
information may not be used in violation of any trade secret laws. The
contract must disclose the average percentage of gross contributions
collected on behalf of charitable organizations that the charitable
organizations received from the professional solicitor for the three (3)
years preceding the year in which the contract is formed.
(e) Before beginning a solicitation campaign, a professional solicitor
must file a solicitation notice with the division. The notice must include
the following:
(1) A copy of the contract described in subsection (d).
(2) The projected dates when soliciting will begin and end.
(3) The location and telephone number from where solicitation
will be conducted.
(4) The name and residence address of each person responsible
for directing and supervising the conduct of the campaign.
However, the division shall not divulge the residence address
unless ordered to do so by a court of competent jurisdiction, or in
furtherance of the prosecution of a violation under this chapter.
(5) If the solicitation is one described under section 7(a)(2)
7(a)(3) of this chapter, the solicitation notice must include a copy
of the required written authorization.
(f) Not later than ninety (90) days after a solicitation campaign has
ended and not later than ninety (90) days after the anniversary of the
commencement of a solicitation campaign lasting more than one (1)
year, a professional solicitor shall submit the following information
concerning the campaign to the division:
sale of these tobacco products, including your name and
address, to your state tax collection agency. You are legally
responsible for all applicable unpaid state taxes on these
tobacco products.".
(b) For a violation of this section the alcohol and tobacco
commission may impose, in addition to any other remedies, civil
penalties as follows:
(1) If the person has one (1) judgment for a violation of this
section committed during a five (5) year period, a civil penalty of
at least one thousand dollars ($1,000) and but not more than two
thousand dollars ($2,000).
(2) If the person has two (2) unrelated judgments for violations of
this section committed during a five (5) year period, a civil
penalty of at least two thousand five hundred dollars ($2,500) and
but not more than three thousand five hundred dollars ($3,500).
(3) If the person has three (3) unrelated judgments for violations
of this section committed during a five (5) year period, a civil
penalty of at least four thousand dollars ($4,000) and but not
more than five thousand dollars ($5,000).
(4) If the person has four (4) unrelated judgments for violations
of this section committed during a five (5) year period, a civil
penalty of at least five thousand five hundred dollars ($5,500) and
but not more than six thousand five hundred dollars ($6,500).
(5) If the person has at least five (5) unrelated judgments for
violations of this section committed during a five (5) year period,
a civil penalty of ten thousand dollars ($10,000).
SECTION 88. IC 24-3-5.2-7, AS ADDED BY P.L.117-2003,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 7. (a) A merchant who delivers cigarettes to
a customer as part of a delivery sale shall:
(1) collect and pay all applicable taxes under IC 6-7-1; or
(2) place a legible and conspicuous notice on the outside of the
container in which the cigarettes are shipped. The notice shall be
placed on the same side of the container as the address to which
the container is shipped and must state the following:
"If these cigarettes have been shipped to you from a merchant
located outside the state in which you reside, the merchant has
under federal law reported information about the sale of these
cigarettes, including your name and address, to your state tax
collection agency. You are legally responsible for all
applicable unpaid state taxes on these cigarettes.".
In addition to the requirements in subsections (1) and (2), as part of a
delivery sale the merchant shall inform the customer in writing of all
state taxes imposed by the customer's state of residence, including a
computation of the amount of taxes due.
(b) The alcohol and tobacco commission may impose, in addition to
any other remedies, civil penalties as follows:
(1) If the defendant has one (1) judgment for a violation of this
section committed during a five (5) year period, a civil penalty of
at least one thousand dollars ($1,000) and but not more than two
thousand dollars ($2,000).
(2) If the defendant has two (2) unrelated judgments for violations
of this section committed during a five (5) year period, a civil
penalty of at least two thousand five hundred dollars ($2,500) and
but not more than three thousand five hundred dollars ($3,500).
(3) If the defendant has three (3) unrelated judgments for
violations of this section committed during a five (5) year period,
a civil penalty of at least four thousand dollars ($4,000) and but
not more than five thousand dollars ($5,000).
(4) If the defendant has four (4) unrelated judgments for
violations of this section committed during a five (5) year period,
a civil penalty of at least five thousand five hundred dollars
($5,500) and but not more than six thousand five hundred dollars
($6,500).
(5) If the defendant has at least five (5) unrelated judgments for
violations of this section committed during a five (5) year period,
a civil penalty of ten thousand dollars ($10,000).
SECTION 89. IC 24-3-5.2-8, AS ADDED BY P.L.117-2003,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 8. The alcohol and tobacco commission may
impose a civil penalty of not more than one thousand dollars ($1,000)
on a:
(1) customer who signs another person's name to a statement
required under section 4(1) of this chapter; or
(2) merchant who sells cigarettes by delivery sale to a person less
than eighteen (18) years of age.
The alcohol and tobacco commission shall deposit amounts collected
under this section into the youth tobacco education and enforcement
fund established by IC 7.1-6-2-6.
SECTION 90. IC 24-4.7-1-1, AS ADDED BY P.L.189-2001,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1. This article does not apply to any of the
following:
(1) A telephone call made in response to an express request of the
person called.
(2) A telephone call made primarily in connection with an
existing debt or contract for which payment or performance has
not been completed at the time of the call.
(3) A telephone call made on behalf of a charitable organization
that is exempt from federal income taxation under Section 501 of
the Internal Revenue Code, but only if all of the following apply:
(A) The telephone call is made by a volunteer or an employee
of the charitable organization.
(B) The telephone solicitor who makes the telephone call
immediately discloses all of the following information upon
making contact with the consumer:
(i) The solicitor's true first and last name.
(ii) The name, address, and telephone number of the
charitable organization.
(4) A telephone call made by an individual licensed under
IC 25-34.1 if:
(A) the sale of goods or services is not completed; and
(B) the payment or authorization of payment is not required;
until after a face to face sales presentation by the seller.
(5) A telephone call made by an individual licensed under
IC 27-1-15.5 IC 27-1-15.6 or IC 27-1-15.8 when the individual
is soliciting an application for insurance or negotiating a policy of
insurance on behalf of an insurer (as defined in IC 27-1-2-3).
(6) A telephone call soliciting the sale of a newspaper of general
circulation, but only if the telephone call is made by a volunteer
or an employee of the newspaper.
SECTION 91. IC 24-5-22-7, AS ADDED BY P.L.36-2003,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 7. (a) For purposes of this section, a person
knows that the intended recipient of a commercial electronic mail
message is an Indiana resident if that information is available, upon
request, from the registrant of the Internet domain name contained in
the recipient's electronic mail address.
(b) Subsection (c) applies only to a commercial electronic mail
message that:
(1) uses a third party's Internet domain name without permission
of the third party;
(2) otherwise misrepresents or obscures any information in
identifying the point of origin or the transmission path of the
commercial electronic mail message; or
(3) contains false or misleading information in the subject line.
licensee is employed or has a valid employment contract for a full-time
faculty position at the Indiana school of dentistry or an affiliated
medical center. The Indiana school of dentistry or the affiliated medical
center shall notify the board in writing upon the termination of the
employment contract of an individual who is issued a license under this
section and surrender the license not later than thirty (30) days after the
licensee's employment ceases.
(f) The board shall set a fee for the issuance and renewal of a license
under this section.
(g) Unless renewed, a license issued by the board under this section
expires annually on a date specified by the health professions bureau
under IC 25-1-5-4. An applicant for renewal must pay the renewal fee
set by the board on or before the renewal date specified by the health
professions bureau.
(h) Not more than five percent (5%) of the Indiana school of
dentistry's full-time faculty may be individuals licensed under this
section.
(i) The board shall adopt rules under IC 4-22-2 necessary to
implement this section.
(j) This section expires June 30, 2008.
SECTION 93. IC 25-22.5-1-2, AS AMENDED BY P.L.2-2003,
SECTION 65, AND AS AMENDED BY P.L.205-2003, SECTION 37,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 2. (a) This article, as it relates
to the unlawful or unauthorized practice of medicine or osteopathic
medicine, does not apply to any of the following:
(1) A student in training in a medical school approved by the
board, or while performing duties as an intern or a resident in a
hospital under the supervision of the hospital's staff or in a
program approved by the medical school.
(2) A person who renders service in case of emergency where no
fee or other consideration is contemplated, charged, or received.
(3) A paramedic (as defined in IC 16-18-2-266), an advanced
emergency medical technician technician-basic advanced (as
defined in IC 16-18-2-6 IC 16-18-2-112.5), an emergency
medical technician-intermediate (as defined in
IC 16-18-2-112.7), an emergency medical technician (as defined
in IC 16-18-2-112), or a person with equivalent certification from
another state who renders advanced life support (as defined in
IC 16-18-2-7) or basic life support (as defined in
IC 16-18-2-33.5):
(A) during a disaster emergency declared by the governor
under IC 10-4-1-7 IC 10-14-3-12 in response to an act that the
governor in good faith believes to be an act of terrorism (as
defined in IC 35-41-1-26.5); and
(B) in accordance with the rules adopted by the Indiana
emergency medical services commission or the disaster
emergency declaration of the governor.
(4) Commissioned medical officers or medical service officers of
the armed forces of the United States, the United States Public
Health Service, and medical officers of the United States
Department of Veterans Affairs in the discharge of their official
duties in Indiana.
(5) An individual who is not a licensee who resides in another
state or country and is authorized to practice medicine or
osteopathic medicine there, who is called in for consultation by an
individual licensed to practice medicine or osteopathic medicine
in Indiana.
(6) A person administering a domestic or family remedy to a
member of the person's family.
(7) A member of a church practicing the religious tenets of the
church if the member does not make a medical diagnosis,
prescribe or administer drugs or medicines, perform surgical or
physical operations, or assume the title of or profess to be a
physician.
(8) A school corporation and a school employee who acts under
IC 34-30-14 (or IC 34-4-16.5-3.5 before its repeal).
(9) A chiropractor practicing the chiropractor's profession under
IC 25-10 or to an employee of a chiropractor acting under the
direction and supervision of the chiropractor under IC 25-10-1-13.
(10) A dental hygienist practicing the dental hygienist's profession
under IC 25-13.
(11) A dentist practicing the dentist's profession under IC 25-14.
(12) A hearing aid dealer practicing the hearing aid dealer's
profession under IC 25-20.
(13) A nurse practicing the nurse's profession under IC 25-23.
However, a registered nurse may administer anesthesia if the
registered nurse acts under the direction of and in the immediate
presence of a physician and holds a certificate of completion of a
course in anesthesia approved by the American Association of
Nurse Anesthetists or a course approved by the board.
(14) An optometrist practicing the optometrist's profession under
IC 25-24.
(15) A pharmacist practicing the pharmacist's profession under
IC 25-26.
(16) A physical therapist practicing the physical therapist's
profession under IC 25-27.
(17) A podiatrist practicing the podiatrist's profession under
IC 25-29.
(18) A psychologist practicing the psychologist's profession under
IC 25-33.
(19) A speech-language pathologist or audiologist practicing the
pathologist's or audiologist's profession under IC 25-35.6.
(20) An employee of a physician or group of physicians who
performs an act, a duty, or a function that is customarily within
the specific area of practice of the employing physician or group
of physicians, if the act, duty, or function is performed under the
direction and supervision of the employing physician or a
physician of the employing group within whose area of practice
the act, duty, or function falls. An employee may not make a
diagnosis or prescribe a treatment and must report the results of
an examination of a patient conducted by the employee to the
employing physician or the physician of the employing group
under whose supervision the employee is working. An employee
may not administer medication without the specific order of the
employing physician or a physician of the employing group.
Unless an employee is licensed or registered to independently
practice in a profession described in subdivisions (9) through
(18), nothing in this subsection grants the employee independent
practitioner status or the authority to perform patient services in
an independent practice in a profession.
(21) A hospital licensed under IC 16-21 or IC 12-25.
(22) A health care organization whose members, shareholders, or
partners are individuals, partnerships, corporations, facilities, or
institutions licensed or legally authorized by this state to provide
health care or professional services as:
(A) a physician;
(B) a psychiatric hospital;
(C) a hospital;
(D) a health maintenance organization or limited service
health maintenance organization;
(E) a health facility;
(F) a dentist;
(G) a registered or licensed practical nurse;
(H) a midwife;
(I) an optometrist;
specified by the board.
(b) The board may issue a temporary fellowship permit to a graduate
of a school located outside the United States, its possessions, or Canada
if the graduate:
(1) applies in the form and manner required by the board;
(2) pays a fee set by the board;
(3) has completed the academic requirements for the degree of
doctor of medicine from a medical school approved by the board;
(4) has been issued a valid permit by another state for
participation in a postgraduate medical education or training
program located in a state that has standards for postgraduate
medical education and training satisfactory to the board;
(5) has been accepted into a postgraduate medical fellowship
training program that:
(A) is affiliated with a medical school located in a state that
issued a permit under subdivision (4);
(B) has a training site located in Indiana; and
(C) has standards for postgraduate medical education and
training satisfactory to the board;
(6) provides the board with documentation of the areas of medical
practice for which the training is sought;
(7) provides the board with at least two (2) letters of reference
documenting the individual's character; and
(8) demonstrates to the board that the individual is a physician of
good character who is in good standing outside the United States,
its possessions, or Canada where the person normally would
practice.
(c) Applications for the temporary fellowship permit for graduates
of foreign medical schools must be made to the board subject to this
section.
(d) A permit issued under this section expires one (1) year after the
date it is issued and, at the discretion of the board, may be renewed for
additional one (1) year periods upon the payment of a renewal fee set
by the board by rule.
(e) An individual who applies for a temporary fellowship permit
under this section is not required to take any step of the United States
Medical Licensure Examination.
(f) A temporary fellowship permit must be kept in the possession of
the fellowship training institution and surrendered by it to the board
within thirty (30) days after the person ceases training in Indiana.
(g) A temporary fellowship permit authorizes a person to practice
in the training institution only and, in the course of training, to practice
only those medical acts approved by the board but does not authorize
the person to practice medicine otherwise.
(h) The board may deny an application for a temporary fellowship
permit if the training program that has accepted the applicant has:
(1) violated; or
(2) authorized or permitted a physician to violate;
this section.
(i) A person issued a temporary medical fellowship permit under
this section must file an affidavit that:
(1) is signed by a physician licensed in Indiana;
(2) includes the license number of the signing physician;
(3) attests that the physician will monitor the work of the
physician holding the temporary medical fellowship permit; and
(4) is notarized.
The affidavit must be filed with the service bureau before the person
holding the temporary medical fellowship permit may provide medical
services.
(j) This section expires July 1, 2008.
SECTION 95. IC 25-26-13-25, AS AMENDED BY P.L.182-2003,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 25. (a) All original prescriptions, whether in
written or electronic format, shall be numbered and maintained in
numerical and chronological order, or in a manner approved by the
board and accessible for at least two (2) years in the pharmacy. A
prescription transmitted from a practitioner by means of
communication other than writing must immediately be reduced to
writing or recorded in an electronic format by the pharmacist. The files
shall be open for inspection to any member of the board or its duly
authorized agent or representative.
(b) Except as provided in subsection (c), before the expiration of
subsection (c) on June 30, 2003, a prescription for any drug, the label
of which bears either the legend, "Caution: Federal law prohibits
dispensing without prescription" or "Rx Only", may not be refilled
without written or oral authorization of a licensed practitioner.
(c) A prescription for any drug, the label of which bears either the
legend, "Caution: Federal law prohibits dispensing without
prescription" or "Rx Only", may be refilled by a pharmacist one (1)
time without the written or oral authorization of a licensed practitioner
if all of the following conditions are met:
(1) The pharmacist has made every reasonable effort to contact
the original prescribing practitioner or the practitioner's designee
for consultation and authorization of the prescription refill.
practitioner's next business day; or
(B) the pharmacist documents in the patient's record the
amount of the drug dispensed and a compelling reason for
dispensing the drug in a quantity greater than the minimum
amount necessary to supply the patient through the prescribing
practitioner's next business day.
(9) Not more than one (1) pharmacist initiated refill is dispensed
under this subsection for a single prescription.
(10) The drug prescribed is not a controlled substance.
A pharmacist may not refill a prescription under this subsection if the
practitioner has designated on the prescription form the words "No
Emergency Refill".
(d) When refilling a prescription, the refill record shall include:
(1) the date of the refill;
(2) the quantity dispensed if other than the original quantity; and
(3) the dispenser's identity on:
(A) the original prescription form; or
(B) another board approved, uniformly maintained, readily
retrievable record.
(e) The original prescription form or the other board approved
record described in subsection (d) must indicate by the number of the
original prescription the following information:
(1) The name and dosage form of the drug.
(2) The date of each refill.
(3) The quantity dispensed.
(4) The identity of the pharmacist who dispensed the refill.
(5) The total number of refills for that prescription.
(f) A prescription is valid for not more than one (1) year after the
original date of issue.
(g) A pharmacist may not knowingly dispense a prescription after
the demise of the practitioner, unless in the pharmacist's professional
judgment it is in the best interest of the patient's health.
(h) A pharmacist may not knowingly dispense a prescription after
the demise of the patient.
(i) A pharmacist or a pharmacy shall not resell, reuse, or redistribute
a medication that is returned to the pharmacy after being dispensed
unless the medication:
(1) was dispensed to a patient residing in an institutional facility
(as defined in 856 IAC 1-28-1(a)); 856 IAC 1-28.1-1(6));
(2) was properly stored and securely maintained according to
sound pharmacy practices;
(3) is returned unopened and:
of its duties as the sales representative.
(4) A life or health An insurance producer:
(A) that is licensed under IC 27-1-15.6;
(B) that has:
(i) a life; or
(ii) an accident and health or sickness;
qualification under IC 27-1-15.6-7; and
(C) whose activities are limited exclusively to the sale of
insurance.
(5) A creditor acting for its debtors regarding insurance covering
a debt between them.
(6) A trust established under 29 U.S.C. 186 and the trustees,
agents, and employees acting pursuant to that trust.
(7) A trust that is exempt from taxation under Section 501(a) of
the Internal Revenue Code and:
(A) the trustees and employees acting pursuant to that trust; or
(B) a custodian and the agents and employees of the custodian
acting pursuant to a custodian account that meets the
requirements of Section 401(f) of the Internal Revenue Code.
(8) A financial institution that is subject to supervision or
examination by federal or state banking authorities to the extent
that the financial institution collects and remits premiums to an
insurance producer or an authorized insurer in connection with
a loan payment.
(9) A credit card issuing company that:
(A) advances for; and
(B) collects from, when a credit card holder authorizes the
collection;
credit card holders of the credit card issuing company, insurance
premiums or charges. from its credit cardholders as long as that
company does not adjust or settle claims.
(10) An individual who A person that adjusts or settles claims in
the normal course of his the person's practice or employment as
an attorney at law and who that does not collect charges or
premiums in connection with life, annuity, or health insurance
coverage. or annuities.
(11) A health maintenance organization that has a certificate of
authority issued under IC 27-13.
(12) A limited service health maintenance organization that has
a certificate of authority issued under IC 27-13.
(13) A mortgage lender to the extent that the mortgage lender
collects and remits premiums to an insurance producer or an
authorized insurer in connection with a loan payment.
(14) A person that:
(A) is licensed as a managing general agent as required under
IC 27-1-33; and
(B) acts exclusively within the scope of activities provided for
under the license referred to in clause (A).
(15) A person that:
(A) directly or indirectly underwrites, collects charges or
premiums from, or adjusts or settles claims on residents of
Indiana in connection with life, annuity, or health coverage
provided by an insurer;
(B) is affiliated with the insurer; and
(C) performs the duties specified in clause (A) only according
to a contract between the person and the insurer for the direct
and assumed life, annuity, or health coverage provided by the
insurer.
(b) "Certificate of registration" refers to the certificate required by
section 11 of this chapter.
(b) "Affiliate" means an entity or a person that:
(1) directly or indirectly through an intermediary controls or is
controlled by; or
(2) is under common control with;
a specified entity or person.
(c) "Church plan" has the meaning set forth in IC 27-8-10-1.
(d) "Commissioner" refers to the insurance commissioner of
insurance appointed under IC 27-1-1-2.
(d) (e) "Control" means the direct or indirect possession of the
power to direct or cause the direction of the management and policies
of a person, whether:
(1) through ownership of voting securities;
(2) by contract other than a commercial contract for goods or
nonmanagement services; or
(3) otherwise;
unless the power is the result of an official position with the person or
a corporate office held by the person. Control is presumed to exist if
a person directly or indirectly owns, controls, holds with the power to
vote, or holds proxies representing not less than ten percent (10%) of
the voting securities of another person.
(f) "Covered individual" means an individual who is covered under
a benefit program provided by an insurer.
(g) "Financial institution" means a bank, savings association, credit
union, or any other institution regulated under IC 28 or federal law.
uniform application for third party administrators.
SECTION 97. IC 27-4-1-4, AS AMENDED BY P.L.178-2003,
SECTION 35, AS AMENDED BY P.L.201-2003, SECTION 2, AND
AS AMENDED BY P.L.211-2003, SECTION 1, IS CORRECTED
AND AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON
PASSAGE]: Sec. 4. The following are hereby defined as unfair
methods of competition and unfair and deceptive acts and practices in
the business of insurance:
(1) Making, issuing, circulating, or causing to be made, issued, or
circulated, any estimate, illustration, circular, or statement:
(A) misrepresenting the terms of any policy issued or to be
issued or the benefits or advantages promised thereby or the
dividends or share of the surplus to be received thereon;
(B) making any false or misleading statement as to the
dividends or share of surplus previously paid on similar
policies;
(C) making any misleading representation or any
misrepresentation as to the financial condition of any insurer,
or as to the legal reserve system upon which any life insurer
operates;
(D) using any name or title of any policy or class of policies
misrepresenting the true nature thereof; or
(E) making any misrepresentation to any policyholder insured
in any company for the purpose of inducing or tending to
induce such policyholder to lapse, forfeit, or surrender his the
policyholder's insurance.
(2) Making, publishing, disseminating, circulating, or placing
before the public, or causing, directly or indirectly, to be made,
published, disseminated, circulated, or placed before the public,
in a newspaper, magazine, or other publication, or in the form of
a notice, circular, pamphlet, letter, or poster, or over any radio or
television station, or in any other way, an advertisement,
announcement, or statement containing any assertion,
representation, or statement with respect to any person in the
conduct of his the person's insurance business, which is untrue,
deceptive, or misleading.
(3) Making, publishing, disseminating, or circulating, directly or
indirectly, or aiding, abetting, or encouraging the making,
publishing, disseminating, or circulating of any oral or written
statement or any pamphlet, circular, article, or literature which is
false, or maliciously critical of or derogatory to the financial
condition of an insurer, and which is calculated to injure any
person engaged in the business of insurance.
(4) Entering into any agreement to commit, or individually or by
a concerted action committing any act of boycott, coercion, or
intimidation resulting or tending to result in unreasonable
restraint of, or a monopoly in, the business of insurance.
(5) Filing with any supervisory or other public official, or making,
publishing, disseminating, circulating, or delivering to any person,
or placing before the public, or causing directly or indirectly, to
be made, published, disseminated, circulated, delivered to any
person, or placed before the public, any false statement of
financial condition of an insurer with intent to deceive. Making
any false entry in any book, report, or statement of any insurer
with intent to deceive any agent or examiner lawfully appointed
to examine into its condition or into any of its affairs, or any
public official to which such insurer is required by law to report,
or which has authority by law to examine into its condition or into
any of its affairs, or, with like intent, willfully omitting to make a
true entry of any material fact pertaining to the business of such
insurer in any book, report, or statement of such insurer.
(6) Issuing or delivering or permitting agents, officers, or
employees to issue or deliver, agency company stock or other
capital stock, or benefit certificates or shares in any common law
corporation, or securities or any special or advisory board
contracts or other contracts of any kind promising returns and
profits as an inducement to insurance.
(7) Making or permitting any of the following:
(A) Unfair discrimination between individuals of the same
class and equal expectation of life in the rates or assessments
charged for any contract of life insurance or of life annuity or
in the dividends or other benefits payable thereon, or in any
other of the terms and conditions of such contract; however, in
determining the class, consideration may be given to the
nature of the risk, plan of insurance, the actual or expected
expense of conducting the business, or any other relevant
factor.
(B) Unfair discrimination between individuals of the same
class involving essentially the same hazards in the amount of
premium, policy fees, assessments, or rates charged or made
for any policy or contract of accident or health insurance or in
the benefits payable thereunder, or in any of the terms or
conditions of such contract, or in any other manner whatever;
however, in determining the class, consideration may be given
to the nature of the risk, the plan of insurance, the actual or
expected expense of conducting the business, or any other
relevant factor.
(C) Excessive or inadequate charges for premiums, policy
fees, assessments, or rates, or making or permitting any unfair
discrimination between persons of the same class involving
essentially the same hazards, in the amount of premiums,
policy fees, assessments, or rates charged or made for:
(i) policies or contracts of reinsurance or joint reinsurance,
or abstract and title insurance;
(ii) policies or contracts of insurance against loss or damage
to aircraft, or against liability arising out of the ownership,
maintenance, or use of any aircraft, or of vessels or craft,
their cargoes, marine builders' risks, marine protection and
indemnity, or other risks commonly insured under marine,
as distinguished from inland marine, insurance; or
(iii) policies or contracts of any other kind or kinds of
insurance whatsoever.
However, nothing contained in clause (C) shall be construed to
apply to any of the kinds of insurance referred to in clauses (A)
and (B) nor to reinsurance in relation to such kinds of insurance.
Nothing in clause (A), (B), or (C) shall be construed as making or
permitting any excessive, inadequate, or unfairly discriminatory
charge or rate or any charge or rate determined by the department
or commissioner to meet the requirements of any other insurance
rate regulatory law of this state.
(8) Except as otherwise expressly provided by law, knowingly
permitting or offering to make or making any contract or policy
of insurance of any kind or kinds whatsoever, including but not in
limitation, life annuities, or agreement as to such contract or
policy other than as plainly expressed in such contract or policy
issued thereon, or paying or allowing, or giving or offering to pay,
allow, or give, directly or indirectly, as inducement to such
insurance, or annuity, any rebate of premiums payable on the
contract, or any special favor or advantage in the dividends,
savings, or other benefits thereon, or any valuable consideration
or inducement whatever not specified in the contract or policy; or
giving, or selling, or purchasing or offering to give, sell, or
purchase as inducement to such insurance or annuity or in
connection therewith, any stocks, bonds, or other securities of any
insurance company or other corporation, association, limited
liability company, or partnership, or any dividends, savings, or
profits accrued thereon, or anything of value whatsoever not
specified in the contract. Nothing in this subdivision and
subdivision (7) shall be construed as including within the
definition of discrimination or rebates any of the following
practices:
(A) Paying bonuses to policyholders or otherwise abating their
premiums in whole or in part out of surplus accumulated from
nonparticipating insurance, so long as any such bonuses or
abatement of premiums are fair and equitable to policyholders
and for the best interests of the company and its policyholders.
(B) In the case of life insurance policies issued on the
industrial debit plan, making allowance to policyholders who
have continuously for a specified period made premium
payments directly to an office of the insurer in an amount
which fairly represents the saving in collection expense.
(C) Readjustment of the rate of premium for a group insurance
policy based on the loss or expense experience thereunder, at
the end of the first year or of any subsequent year of insurance
thereunder, which may be made retroactive only for such
policy year.
(D) Paying by an insurer or agent insurance producer thereof
duly licensed as such under the laws of this state of money,
commission, or brokerage, or giving or allowing by an insurer
or such licensed agent insurance producer thereof anything of
value, for or on account of the solicitation or negotiation of
policies or other contracts of any kind or kinds, to a broker,
agent, an insurance producer, or a solicitor duly licensed
under the laws of this state, but such broker, agent, insurance
producer, or solicitor receiving such consideration shall not
pay, give, or allow credit for such consideration as received in
whole or in part, directly or indirectly, to the insured by way of
rebate.
(9) Requiring, as a condition precedent to loaning money upon the
security of a mortgage upon real property, that the owner of the
property to whom the money is to be loaned negotiate any policy
of insurance covering such real property through a particular
insurance agent producer or broker or brokers. However, this
subdivision shall not prevent the exercise by any lender of its or
his the lender's right to approve or disapprove of the insurance
company selected by the borrower to underwrite the insurance.
(10) Entering into any contract, combination in the form of a trust
or otherwise, or conspiracy in restraint of commerce in the
business of insurance.
(11) Monopolizing or attempting to monopolize or combining or
conspiring with any other person or persons to monopolize any
part of commerce in the business of insurance. However,
participation as a member, director, or officer in the activities of
any nonprofit organization of agents insurance producers or other
workers in the insurance business shall not be interpreted, in
itself, to constitute a combination in restraint of trade or as
combining to create a monopoly as provided in this subdivision
and subdivision (10). The enumeration in this chapter of specific
unfair methods of competition and unfair or deceptive acts and
practices in the business of insurance is not exclusive or
restrictive or intended to limit the powers of the commissioner or
department or of any court of review under section 8 of this
chapter.
(12) Requiring as a condition precedent to the sale of real or
personal property under any contract of sale, conditional sales
contract, or other similar instrument or upon the security of a
chattel mortgage, that the buyer of such property negotiate any
policy of insurance covering such property through a particular
insurance company, agent, insurance producer, or broker or
brokers. However, this subdivision shall not prevent the exercise
by any seller of such property or the one making a loan thereon of
his, her, or its the right to approve or disapprove of the insurance
company selected by the buyer to underwrite the insurance.
(13) Issuing, offering, or participating in a plan to issue or offer,
any policy or certificate of insurance of any kind or character as
an inducement to the purchase of any property, real, personal, or
mixed, or services of any kind, where a charge to the insured is
not made for and on account of such policy or certificate of
insurance. However, this subdivision shall not apply to any of the
following:
(A) Insurance issued to credit unions or members of credit
unions in connection with the purchase of shares in such credit
unions.
(B) Insurance employed as a means of guaranteeing the
performance of goods and designed to benefit the purchasers
or users of such goods.
(C) Title insurance.
(D) Insurance written in connection with an indebtedness and
intended as a means of repaying such indebtedness in the
event of the death or disability of the insured.
nonprofit legal entity to be referred to as the Indiana comprehensive
health insurance association, which must assure that health insurance
is made available throughout the year to each eligible Indiana resident
applying to the association for coverage. All carriers, health
maintenance organizations, limited service health maintenance
organizations, and self-insurers providing health insurance or health
care services in Indiana must be members of the association. The
association shall operate under a plan of operation established and
approved under subsection (c) and shall exercise its powers through a
board of directors established under this section.
(b) The board of directors of the association consists of seven (7)
nine (9) members whose principal residence is in Indiana selected as
follows:
(1) Three (3) Four (4) members to be appointed by the
commissioner from the members of the association, one (1) of
which must be a representative of a health maintenance
organization.
(2) Two (2) members to be appointed by the commissioner shall
be consumers representing policyholders.
(3) Two (2) members shall be the state budget director or
designee and the commissioner of the department of insurance or
designee.
(4) One (1) member to be appointed by the commissioner must be
a representative of health care providers.
The commissioner shall appoint the chairman of the board, and the
board shall elect a secretary from its membership. The term of office
of each appointed member is three (3) years, subject to eligibility for
reappointment. Members of the board who are not state employees may
be reimbursed from the association's funds for expenses incurred in
attending meetings. The board shall meet at least semiannually, with
the first meeting to be held not later than May 15 of each year.
(c) The association shall submit to the commissioner a plan of
operation for the association and any amendments to the plan necessary
or suitable to assure the fair, reasonable, and equitable administration
of the association. The plan of operation becomes effective upon
approval in writing by the commissioner consistent with the date on
which the coverage under this chapter must be made available. The
commissioner shall, after notice and hearing, approve the plan of
operation if the plan is determined to be suitable to assure the fair,
reasonable, and equitable administration of the association and
provides for the sharing of association losses on an equitable,
proportionate basis among the member carriers, health maintenance
organizations, limited service health maintenance organizations, and
self-insurers. If the association fails to submit a suitable plan of
operation within one hundred eighty (180) days after the appointment
of the board of directors, or at any time thereafter the association fails
to submit suitable amendments to the plan, the commissioner shall
adopt rules under IC 4-22-2 necessary or advisable to implement this
section. These rules are effective until modified by the commissioner
or superseded by a plan submitted by the association and approved by
the commissioner. The plan of operation must:
(1) establish procedures for the handling and accounting of assets
and money of the association;
(2) establish the amount and method of reimbursing members of
the board;
(3) establish regular times and places for meetings of the board of
directors;
(4) establish procedures for records to be kept of all financial
transactions, and for the annual fiscal reporting to the
commissioner;
(5) establish procedures whereby selections for the board of
directors will be made and submitted to the commissioner for
approval;
(6) contain additional provisions necessary or proper for the
execution of the powers and duties of the association; and
(7) establish procedures for the periodic advertising of the general
availability of the health insurance coverages from the
association.
(d) The plan of operation may provide that any of the powers and
duties of the association be delegated to a person who will perform
functions similar to those of this association. A delegation under this
section takes effect only with the approval of both the board of
directors and the commissioner. The commissioner may not approve a
delegation unless the protections afforded to the insured are
substantially equivalent to or greater than those provided under this
chapter.
(e) The association has the general powers and authority enumerated
by this subsection in accordance with the plan of operation approved
by the commissioner under subsection (c). The association has the
general powers and authority granted under the laws of Indiana to
carriers licensed to transact the kinds of health care services or health
insurance described in section 1 of this chapter and also has the
specific authority to do the following:
(1) Enter into contracts as are necessary or proper to carry out this
chapter, subject to the approval of the commissioner.
(2) Sue or be sued, including taking any legal actions necessary
or proper for recovery of any assessments for, on behalf of, or
against participating carriers.
(3) Take legal action necessary to avoid the payment of improper
claims against the association or the coverage provided by or
through the association.
(4) Establish a medical review committee to determine the
reasonably appropriate level and extent of health care services in
each instance.
(5) Establish appropriate rates, scales of rates, rate classifications
and rating adjustments, such rates not to be unreasonable in
relation to the coverage provided and the reasonable operational
expenses of the association.
(6) Pool risks among members.
(7) Issue policies of insurance on an indemnity or provision of
service basis providing the coverage required by this chapter.
(8) Administer separate pools, separate accounts, or other plans
or arrangements considered appropriate for separate members or
groups of members.
(9) Operate and administer any combination of plans, pools, or
other mechanisms considered appropriate to best accomplish the
fair and equitable operation of the association.
(10) Appoint from among members appropriate legal, actuarial,
and other committees as necessary to provide technical assistance
in the operation of the association, policy and other contract
design, and any other function within the authority of the
association.
(11) Hire an independent consultant.
(12) Develop a method of advising applicants of the availability
of other coverages outside the association. and may promulgate
a list of health conditions the existence of which would deem an
applicant eligible without demonstrating a rejection of coverage
by one (1) carrier.
(13) Provide for the use of managed care plans for insureds,
including the use of:
(A) health maintenance organizations; and
(B) preferred provider plans.
(14) Solicit bids directly from providers for coverage under this
chapter.
(f) The board shall obtain an actuarial recommendation for
development of an equitable methodology for determination of member
assessments.
(g) Rates for coverages issued by the association may not be
unreasonable in relation to the benefits provided, the risk experience,
and the reasonable expenses of providing the coverage. Separate scales
of premium rates based on age apply for individual risks. Premium
rates must take into consideration the extra morbidity and
administration expenses, if any, for risks insured in the association. The
rates for a given classification may not be:
(1) not more than one hundred fifty percent (150%) of the average
premium rate for that class charged by the five (5) carriers with
the largest premium volume in the state during the preceding
calendar year for an insured whose family income is less than
three hundred fifty-one percent (351%) of the federal income
poverty level for the same size family; and
(2) an amount equal to:
(A) not less than one hundred fifty-one percent (151%); and
(B) not more than two hundred percent (200%);
of the average premium rate for that class charged by the five (5)
carriers with the largest premium volume in the state during the
preceding calendar year, for an insured whose family income is
more than three hundred fifty percent (350%) of the federal
income poverty level for the same size family.
In determining the average rate of the five (5) largest carriers, the rates
charged by the carriers shall be actuarially adjusted to determine the
rate that would have been charged for benefits identical to those issued
by the association. All rates adopted by the association must be
submitted to the commissioner for approval.
(g) (h) Following the close of the association's fiscal year, the
association shall determine the net premiums, the expenses of
administration, and the incurred losses for the year. Any net loss shall
be assessed by the association to all members in proportion to their
respective shares of total health insurance premiums, excluding
premiums for Medicaid contracts with the state of Indiana, received in
Indiana during the calendar year (or with paid losses in the year)
coinciding with or ending during the fiscal year of the association or
any other equitable basis as may be provided in the plan of operation.
For self-insurers, health maintenance organizations, and limited
service health maintenance organizations that are members of the
association, the proportionate share of losses must be determined
through the application of an equitable formula based upon claims
paid, excluding claims for Medicaid contracts with the state of
Indiana, or the value of services provided. In sharing losses, the
association may abate or defer in any part the assessment of a member,
if, in the opinion of the board, payment of the assessment would
endanger the ability of the member to fulfill its contractual obligations.
The association may also provide for interim assessments against
members of the association if necessary to assure the financial
capability of the association to meet the incurred or estimated claims
expenses or operating expenses of the association until the association's
next fiscal year is completed. Except as provided in sections 12 and 13
of this chapter, net gains, if any, must be held at interest to offset future
losses or allocated to reduce future premiums. Assessments must be
determined by the board members specified in subsection (b)(1),
subject to final approval by the commissioner.
(h) (i) The association shall conduct periodic audits to assure the
general accuracy of the financial data submitted to the association, and
the association shall have an annual audit of its operations by an
independent certified public accountant.
(i) (j) The association is subject to examination by the department
of insurance under IC 27-1-3.1. The board of directors shall submit, not
later than March 30 of each year, a financial report for the preceding
calendar year in a form approved by the commissioner.
(j) (k) All policy forms issued by the association must conform in
substance to prototype forms developed by the association, must in all
other respects conform to the requirements of this chapter, and must be
filed with and approved by the commissioner before their use.
(k) (l) The association may not issue an association policy to any
individual who, on the effective date of the coverage applied for, does
not meet the eligibility requirements of section 5.1 of this chapter.
(l) The association shall pay an agent's insurance producer's
referral fee of twenty-five dollars ($25) to each insurance agent
producer who refers an applicant to the association if that applicant
is accepted.
(m) The association and the premium collected by the association
shall be exempt from the premium tax, the adjusted gross income tax,
or any combination of these upon revenues or income that may be
imposed by the state.
(n) Members who after July 1, 1983, during any calendar year, have
paid one (1) or more assessments levied under this chapter may either:
(1) take a credit against premium taxes, adjusted gross income
taxes, or any combination of these, or similar taxes upon revenues
or income of member insurers that may be imposed by the state,
up to the amount of the taxes due for each calendar year in which
the assessments were paid and for succeeding years until the
aggregate of those assessments have been offset by either credits
against those taxes or refunds from the association; or
(2) any member insurer may include in the rates for premiums
charged for insurance policies to which this chapter applies
amounts sufficient to recoup a sum equal to the amounts paid to
the association by the member less any amounts returned to the
member insurer by the association, and the rates shall not be
deemed excessive by virtue of including an amount reasonably
calculated to recoup assessments paid by the member.
(o) The association shall provide for the option of monthly
collection of premiums.
SECTION 100. IC 27-8-10-5.1, AS AMENDED BY P.L.193-2003,
SECTION 7, AND AS AMENDED BY P.L.211-2003, SECTION 5, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 5.1. (a) A person is not eligible
for an association policy if the person is eligible for Medicaid. A
person other than a federally eligible individual may not apply for an
association policy unless the person has applied for Medicaid not more
than sixty (60) days before applying for the association policy.
(b) Except as provided in subsections (b), and subsection (c), a
person is not eligible for an association policy if, at the effective date
of coverage, the person has or is eligible for coverage under any
insurance plan that equals or exceeds the minimum requirements for
accident and sickness insurance policies issued in Indiana as set forth
in IC 27. However, an offer of coverage described in IC 27-8-5-2.5(e)
or IC 27-8-5-19.2(e) does not affect an individual's eligibility for an
association policy under this subsection. Coverage under any
association policy is in excess of, and may not duplicate, coverage
under any other form of health insurance.
(b) (c) Except as provided in IC 27-13-16-4 and subsection (a), a
person is eligible for an association policy upon a showing that:
(1) the person has been rejected by one (1) carrier for coverage
under any insurance plan that equals or exceeds the minimum
requirements for accident and sickness insurance policies issued
in Indiana, as set forth in IC 27, without material underwriting
restrictions;
(2) an insurer has refused to issue insurance except at a rate
exceeding the association plan rate; or
(3) the person is a federally eligible individual.
For the purposes of this subsection, eligibility for Medicare coverage
does not disqualify a person who is less than sixty-five (65) years of
age from eligibility for an association policy.
moment of birth. The coverage for newly born children must consist of
coverage of injury or illness, including the necessary care and treatment
of medically diagnosed congenital defects and birth abnormalities. If
payment of a specific premium is required to provide coverage for the
child, the contract may require that notification of the birth of a child
and payment of the required premium must be furnished to the carrier
within thirty-one (31) days after the date of birth in order to have the
coverage continued beyond the thirty-one (31) day period.
(f) (g) Except as provided in subsection (g), (h), an association
policy may contain provisions under which coverage is excluded
during a period of three (3) months following the effective date of
coverage as to a given covered individual for preexisting conditions, as
long as medical advice or treatment was recommended or received
within a period of three (3) months before the effective date of
coverage. This subsection may not be construed to prohibit preexisting
condition provisions in an insurance policy that are more favorable to
the insured.
(g) (h) If a person applies for an association policy within six (6)
months after termination of the person's coverage under a health
insurance arrangement and the person meets the eligibility
requirements of subsection (b), (c), then an association policy may not
contain provisions under which:
(1) coverage as to a given individual is delayed to a date after the
effective date or excluded from the policy; or
(2) coverage as to a given condition is denied;
on the basis of a preexisting health condition. This subsection may not
be construed to prohibit preexisting condition provisions in an
insurance policy that are more favorable to the insured.
(h) (i) For purposes of this section, coverage under a health
insurance arrangement includes, but is not limited to, coverage
pursuant to the Consolidated Omnibus Budget Reconciliation Act of
1985.
SECTION 101. IC 27-8-10-14, AS ADDED BY P.L.193-2003,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 14. (a) Notwithstanding section 2.1 of this
chapter, for the period beginning July 1, 2003, and ending March 15,
2004:
(1) fifty percent (50%) of any net loss determined under section
2.1(g) 2.1(h) of this chapter shall be assessed by the association
to all members in proportion to their respective shares of total
health insurance premiums, excluding premiums for Medicaid
contracts with the state, received in Indiana during the calendar
year (or with paid losses in the year) coinciding with or ending
during the fiscal year of the association; and
(2) fifty percent (50%) of any net loss determined under section
2.1(g) 2.1(h) of this chapter shall be assessed by the association
to all members in proportion to their respective shares of the
number of individuals in Indiana who are covered under health
insurance provided by a member, excluding individuals who are
covered under Medicaid contracts with the state during the
calendar year coinciding with or ending during the fiscal year of
the association.
(b) This section expires March 15, 2004.
SECTION 102. IC 27-13-1-21.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 21.3. "Insurance producer"
means a person who is a licensed insurance producer under
IC 27-1-15.6 and who:
(1) solicits, negotiates, effects, procures, delivers, renews, or
continues a policy or contract for membership in a health
maintenance organization or a prepaid limited health service
organization;
(2) takes or transmits a membership fee or premium for the
policy or contract other than for the insurance producer; or
(3) causes the insurance producer to be held out to the public,
through advertising or otherwise, as a producer for a health
maintenance organization or a prepaid limited health service
organization.
SECTION 103. IC 30-2-8.6-38, AS ADDED BY P.L.3-2003,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 38. (a) If a transaction, including a declaration
with respect to or a transfer of specific property, otherwise satisfies
applicable law, the criteria of section 18 of this chapter are satisfied by
either of the following:
(1) The execution and either delivery to the custodial trustee or
recording of an instrument in substantially the following form:
act, the following: (insert a description of the custodial trust property
legally sufficient to identify and transfer each item of property).
Dated: _______________________
______________________________
(Signature)
(2) The execution and the recording or giving notice of its
execution to the beneficiary of an instrument in substantially the
following form:
_______________ (name of beneficiary) under the Indiana
uniform custodial trust act".
(9) Issuance of a certificate of title by an agency of a state or of
the United States that evidences title to tangible personal
property:
(A) issued in the name of:
(i) a trust company;
(ii) an adult other than the transferor; or
(iii) the transferor if the beneficiary is other than the
transferor;
designated in substance: "as custodial trustee for
_______________ (name of beneficiary) under the Indiana
uniform custodial trust act"; or
(B) delivered to:
(i) a trust company; or
(ii) an adult other than the transferor or endorsed by the
transferor to that person;
designated in substance: "as custodial trustee for
_______________ (name of beneficiary) under the Indiana
uniform custodial trust act".
(10) Execution and delivery of an instrument of gift to:
(A) a trust company; or
(B) an adult other than the transferor;
designated in substance: "as custodial trustee for
_______________ (name of beneficiary) under the Indiana
uniform custodial trust act".
SECTION 104. IC 31-9-2-42, AS AMENDED BY P.L.189-2003,
SECTION 9, AND AS AMENDED BY P.L.221-2003, SECTION 3, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 42. "Domestic or family
violence" means, except for an act of self defense, the occurrence of
one (1) or more of the following acts committed by a family or
household member:
(1) Attempting to cause, threatening to cause, or causing physical
harm to another family or household member without legal
justification.
(2) Placing a family or household member in fear of physical
harm without legal justification.
(3) Causing a family or household member to involuntarily
engage in sexual activity by force, threat of force, or duress.
For purposes of IC 22-4-15-1 and IC 34-26-5, domestic and or family
violence also includes stalking (as defined in IC 35-45-10-1) or a sex
offense under IC 35-42-4, whether or not the stalking or sex offense is
committed by a family or household member.
SECTION 105. IC 31-9-2-44.5, AS ADDED BY P.L.133-2002,
SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 44.5. (a) An individual is a "family or
household member" means: of another person if the individual:
(1) a person who is a current or former spouse of the other
person;
(2) a person who is dating or has dated the other person;
(3) a person who is engaged or was engaged in a sexual
relationship with the other person;
(4) a person who is related by blood or adoption to the other
person;
(5) a person who is related or was related by marriage to the
other person;
(6) a person who has or previously had an established legal
relationship: or previously established a legal relationship:
(A) as a guardian of the other person;
(B) as a ward of the other person;
(C) as a custodian of the other person;
(D) as a foster parent of the other person; or
(E) in a capacity with respect to the other person similar to
those listed in clauses (A) through (D); or
(7) a person who has a child in common and with the other
person.
(8) (b) An individual is a "family or household member" of both
persons to whom subsection (a)(1), (a)(2), (a)(3), (a)(4), (a)(5),
(a)(6), or (a)(7) applies if the individual is a minor child of a person
in a relationship described in subdivisions (1) through (7). one (1) of
the persons.
SECTION 106. IC 31-9-2-76.5, AS ADDED BY P.L.152-2003,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 76.5. "Long term foster parent", for purposes
of IC 31-34-21-4 and IC 31-34-21-4.6, IC 31-34-21-4.5, has the
meaning set forth in IC 31-34-21-4.6(a). IC 31-34-21-4.6.
SECTION 107. IC 31-18-1-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. "Child" means
an individual who is:
(1) owed or is alleged to be (1) owed a duty of support by the
individual's parent; or
(2) the beneficiary of a support order directed to the parent.
The term includes a child who is over the age of majority.
race, color, religion, sex, national origin, or economic status.
(g) Notwithstanding IC 35-47-2, IC 35-47-2.5, or the restoration of
the right to serve on a jury under this section and except as provided in
subsections (c), (d), and (l), a person who has been convicted of a
crime of domestic violence (as defined in IC 35-41-1-6.3) may not
possess a firearm:
(1) after the person is no longer under a sentence imposed for an
offense; or
(2) after the person has had the person's rights restored following
a conviction.
(h) Not earlier than five (5) years after the date of conviction, a
person who has been convicted of a crime of domestic violence (as
defined in IC 35-41-1-6.3) may petition the court for restoration of the
person's right to possess a firearm. In determining whether to restore
the person's right to possess a firearm, the court shall consider the
following factors:
(1) Whether the person has been subject to:
(A) a protective order;
(B) a no contact order;
(C) a workplace violence restraining order; or
(D) any other court order that prohibits the person from
possessing a firearm.
(2) Whether the person has successfully completed a substance
abuse program, if applicable.
(3) Whether the person has successfully completed a parenting
class, if applicable.
(4) Whether the person still presents a threat to the victim of the
crime.
(5) Whether there is any other reason why the person should not
possess a firearm, including whether the person failed to complete
a specified condition specified under subsection (d) (i) or whether
the person has committed a subsequent offense.
(i) The court may condition the restoration of a person's right to
possess a firearm upon the person's completion of specified conditions.
(j) If the court denies a petition for restoration of the right to possess
a firearm, the person may not file a second or subsequent petition until
one (1) year has elapsed.
(k) A person has not been convicted of a crime of domestic violence
for purposes of subsection (h) if the conviction has been expunged or
if the person has been pardoned.
(l) The right to possess a firearm shall be restored to a person whose
conviction is reversed on appeal or on post-conviction review at the
earlier of the following:
(1) At the time the prosecuting attorney states on the record that
the charges that gave rise to the conviction will not be refiled.
(2) Ninety (90) days after the final disposition of the appeal or the
post-conviction proceeding.
SECTION 112. IC 33-4-8-3 AS AMENDED BY P.L.94-2003,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. A senior judge:
(1) exercises the jurisdiction granted to the court served by the
senior judge;
(2) may serve as a domestic relations mediator, subject to the
code of judicial conduct;
(3) serves at the pleasure of the supreme court; and
(4) serves in accordance with rules adopted by the supreme court
under IC 33-2-1-8.
A senior judge serving as a domestic relations mediator is not entitled
to reimbursement or a per diem under IC 33-4-8-5. section 5 of this
chapter. A senior judge serving as a domestic relations mediator may
receive compensation from the alternative dispute resolution fund
under IC 33-4-13, in accordance with the county domestic relations
alternative dispute resolution plan.
SECTION 113. IC 34-6-2-44.8, AS ADDED BY P.L.133-2002,
SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 44.8. (a) An individual is a "family or
household member" means: of another person if the individual:
(1) a person who is a current or former spouse of the other
person;
(2) a person who is dating or has dated the other person;
(3) a person who is engaged or was engaged in a sexual
relationship with the other person;
(4) a person who is related by blood or adoption to the other
person;
(5) a person who is related or was related by marriage to the
other person;
(6) a person who has or previously had an established legal
relationship: or previously established a legal relationship:
(A) as a guardian of the other person;
(B) as a ward of the other person;
(C) as a custodian of the other person;
(D) as a foster parent of the other person; or
(E) in a capacity with respect to the other person similar to
those listed in clauses (A) through (D); or
may be expended only with the approval of:
(1) the executive (as defined in IC 36-1-2-5), if the money is
received by a local law enforcement agency; or
(2) the governor, if the money is received by a law enforcement
agency in the executive branch.
The money received under this subsection must be used solely for the
benefit of any agency directly participating in the seizure or forfeiture
for purposes consistent with federal laws and regulations.
SECTION 116. IC 34-30-2-45.5, AS AMENDED BY P.L.120-2002,
SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 45.5. IC 12-16-4.5-6 and after June 30, 2004,
IC 12-16.1-4-6 (Concerning persons who aid a patient in completing an
application for assistance under the hospital care for the indigent
program).
SECTION 117. IC 34-30-2-45.7, AS AMENDED BY P.L.120-2002,
SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 45.7. IC 12-16-5.5-2 and after June 30, 2004,
IC 12-16.1-5-2 (Concerning hospitals for providing information
verifying indigency of patient).
SECTION 118. IC 34-30-2-45.8, AS ADDED BY P.L.181-2003,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 45.8. IC 12-18-8-7 and IC 12-18-8-12
IC 12-18-8-8 (Concerning an entity or a person who in good faith
provides a record or report to information that is included in a
fatality review performed by a local domestic violence fatality review
team). or members of a local domestic violence fatality review team
and persons who attend a meeting of a local child fatality review team
as invitees of the chairperson).
SECTION 119. IC 34-30-2-45.9, AS AMENDED BY P.L.120-2002,
SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 45.9. IC 12-16-13.5-1 and after June 30, 2004,
IC 12-16.1-12-1 (Concerning hospitals or persons providing services
under the hospital care for the indigent program).
SECTION 120. IC 34-30-2-54 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 54. IC 14-16-1-28
(Concerning landowners or tenants of property used by persons
operating off-road recreational vehicles). vehicles for recreational
purposes).
SECTION 121. IC 34-30-2-129.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 129.2. IC 30-2-8.6-32
(Concerning the custodial trustee and beneficiary of a custodial
trust).
SECTION 122. IC 34-30-8-1, AS AMENDED BY P.L.2-2003,
SECTION 90, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1. If a person or entity, other than a person or
entity listed in subdivisions (1) through (10), enters into a written
agreement to use space in an armory for a function, the following
persons and entities are not liable for civil damages for any property
damage or bodily injury resulting from the serving of food or beverages
at the function held at the armory:
(1) The state.
(2) The Indiana army national guard.
(3) The Indiana air national guard.
(4) The army national guard of the United States.
(5) The air national guard of the United States.
(6) The adjutant general appointed under IC 10-16-2-6.
(7) The assistant adjutants general appointed under IC 10-16-2-7.
(8) The officers and enlisted members of the Indiana army
national guard and the Indiana air national guard.
(9) The state armory board appointed under IC 10-10-16-3-1
IC 10-16-3-1 and the members of that board.
(10) The local armory board appointed under IC 10-16-4-1 for the
armory and the members of that board.
SECTION 123. IC 34-30-15-14, AS AMENDED BY P.L.1-1999,
SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 14. The immunities granted by sections 15
through 20 of this chapter shall not extend to any person who violates
the confidentiality requirements of sections 1 through 14 13 of this
chapter.
SECTION 124. IC 35-41-4-2, AS AMENDED BY P.L.1-2002,
SECTION 149, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 2. (a) Except as otherwise
provided in this section, a prosecution for an offense is barred unless
it is commenced:
(1) within five (5) years after the commission of the offense, in
the case of a Class B, Class C, or Class D felony; or
(2) within two (2) years after the commission of the offense, in
the case of a misdemeanor.
(b) A prosecution for a Class B or Class C felony that would
otherwise be barred under this section may be commenced within one
(1) year after the earlier of the date on which the state:
(1) first discovers the identity of the offender with DNA
(deoxyribonucleic acid) evidence; or
him;
(2) the accused person conceals evidence of the offense, and
evidence sufficient to charge him with that offense is unknown to
the prosecuting authority and could not have been discovered by
that authority by exercise of due diligence; or
(3) the accused person is a person elected or appointed to office
under statute or constitution, if the offense charged is theft or
conversion of public funds or bribery while in public office.
(j) (i) For purposes of tolling the period of limitation only, a
prosecution is considered commenced on the earliest of these dates:
(1) The date of filing of an indictment, information, or complaint
before a court having jurisdiction.
(2) The date of issuance of a valid arrest warrant.
(3) The date of arrest of the accused person by a law enforcement
officer without a warrant, if the officer has authority to make the
arrest.
(k) (j) A prosecution is considered timely commenced for any
offense to which the defendant enters a plea of guilty, notwithstanding
that the period of limitation has expired.
SECTION 125. IC 35-47-2.5-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7. (a) The state
police department shall provide its response to a requesting dealer
under section 6 of this chapter during the dealer's call, or by return call
without delay.
(b) If a criminal history check indicates that a prospective purchaser
or transferee has a disqualifying criminal record or has been acquitted
by reason of insanity and committed to the custody of the division of
mental health, the state police department has until the end of the next
business day of the state police department to advise the dealer that the
records indicate the buyer or transferee is prohibited from possessing
or transporting a firearm by state or federal law.
(c) If a dealer:
(1) is not advised of a prohibition before the end of the next
business day of the state police department; and
(2) has fulfilled the requirements of section 4 of this chapter;
the dealer may immediately complete the sale or transfer and may not
be considered in violation of this chapter with respect to the sale or
transfer.
(d) In case of electronic failure or other circumstances beyond the
control of the state police department, the dealer shall be advised
immediately of the reason for the delay and be given an estimate of the
length of the delay. However, after a notification under this subsection,
the state police department shall inform the requesting dealer whether
state police department records indicate the buyer or transferee is
prohibited from possessing or transporting a firearm by state or federal
law: not later than:
(1) by the end of the next business day of the state police
department following correction of the problem that caused the
delay; or
(2) within three (3) business days of the state police department;
whichever is time limit occurs earlier.
(e) A dealer that fulfills the requirements of section 4 of this chapter
and is told by the state police department that a response will not be
available under subsection (d) may immediately complete the sale or
transfer and may not be considered in violation of this chapter with
respect to the sale or transfer.
SECTION 126. IC 36-4-3-13, AS AMENDED BY P.L.173-2003,
SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 13. (a) Except as provided in subsections (e)
and (g), at the hearing under section 12 of this chapter, the court shall
order a proposed annexation to take place if the following requirements
are met:
(1) The requirements of either subsection (b) or (c).
(2) The requirements of subsection (d).
(b) The requirements of this subsection are met if the evidence
establishes the following:
(1) That the territory sought to be annexed is contiguous to the
municipality.
(2) One (1) of the following:
(A) The resident population density of the territory sought to
be annexed is at least three (3) persons per acre.
(B) Sixty percent (60%) of the territory is subdivided.
(C) The territory is zoned for commercial, business, or
industrial uses.
(c) The requirements of this subsection are met if the evidence
establishes the following:
(1) That the territory sought to be annexed is contiguous to the
municipality as required by section 1.5 of this chapter, except that
at least one-fourth (1/4), instead of one-eighth (1/8), of the
aggregate external boundaries of the territory sought to be
annexed must coincide with the boundaries of the municipality.
(2) That the territory sought to be annexed is needed and can be
used by the municipality for its development in the reasonably
near future.
the residents or owners of land.
(C) One (1) of the following opposes the annexation:
(i) A majority of the owners of land in the territory proposed
to be annexed.
(ii) The owners of more than seventy-five percent (75%) in
assessed valuation of the land in the territory proposed to be
annexed.
Evidence of opposition may be expressed by any owner of land
in the territory proposed to be annexed.
(h) The most recent:
(1) federal decennial census;
(2) federal special census;
(3) special tabulation; or
(4) corrected population count;
shall be used as evidence of resident population density for purposes
of subsection (b)(2)(A), but this evidence may be rebutted by other
evidence of population density.
SECTION 127. IC 36-7-11.5-7, AS ADDED BY P.L.92-2003,
SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 7. (a) Except as otherwise specified in this
chapter, the commission has all of the powers and responsibilities of a
historic preservation commission established under IC 36-7-11.
(b) The commission shall do the following:
(1) Designate a fiscal agent who must be the fiscal officer of one
(1) of the towns to which this chapter applies.
(2) Employ professional staff to necessary to assist the
commission in carrying out its duties.
(3) Engage consultants, attorneys, accountants, and other
professionals necessary to carry out the commission's duties.
(4) Jointly approve, with the Indiana gaming commission, the
location and exterior design of a riverboat to be operated in the
historic hotel district.
(5) Make recommendations to the Indiana gaming commission
concerning the selection of an operating agent (as defined in
IC 4-33-2-14.5) that the commission believes will:
(A) promote the most economic development in the area
surrounding the historic hotel district; and
(B) best serve the interests of the residents of the county in
which the historic hotel district is located and all other citizens
of Indiana.
(6) Make recommendations to the Indiana gaming commission
concerning the operation and management of the riverboat to be
operated in the county.
(c) This section does not limit the powers of the Indiana gaming
commission with respect to the administration and regulation of
riverboat gaming under IC 4-33.
SECTION 128. IC 36-7-11.5-11, AS ADDED BY P.L.92-2003,
SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 11. (a) As used in this section, "fund" refers
to the West Baden Springs historic hotel preservation and maintenance
fund established by subsection (b).
(b) The West Baden Springs historic hotel preservation and
maintenance fund is established. The fund consists of the following:
(1) Amounts deposited in the fund under IC 4-33-12-6(c) and
IC 4-33-13-5(b).
(2) Grants and gifts that the department of natural resources
receives for the fund under terms, obligations, and liabilities that
the department considers appropriate.
(3) The one million dollar ($1,000,000) initial fee paid to the
gaming commission under IC 4-33-6.5.
The fund shall be administered by the department of natural resources.
The expenses of administering the fund shall be paid from money in
the fund.
(c) The treasurer of state shall invest the money in the fund that is
not currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested. The treasurer of state
shall deposit in the fund the interest that accrues from the investment
of the fund.
(d) Money in the fund at the end of a state fiscal year does not revert
to the state general fund.
(e) No money may be appropriated from the fund except as provided
in this subsection. The general assembly may appropriate interest
accruing to the fund to the department of natural resources only for the
following purposes:
(1) To maintain the parts of a qualified historic hotel that were
restored before July 1, 2003.
(2) To maintain the grounds surrounding a qualified historic hotel.
No money may be appropriated from the fund for restoration purposes
if the restoration is to occur after July 1, 2003.
SECTION 129. IC 36-8-7.5-19 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 19. All pensions,
annuities, and benefits payable out of the 1953 fund are exempt from
seizure or levy upon attachment, garnishment, execution, and all other
process. Except as provided in section 23 of this chapter, pensions,
annuities, and benefits are not subject to sale, assignment, or transfer
by a beneficiary.
SECTION 130. IC 36-8-10-16.5, AS AMENDED BY P.L.86-2003,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 16.5. (a) As used in this section, "dies in the
line of duty" has the meaning set forth in IC 5-10-10-2.
(b) This section applies to the survivors of an eligible employee who
dies in the line of duty.
(c) After December 31, 2003, the department that employed the
eligible employee who died in the line of duty shall offer to provide and
pay for health insurance coverage for the eligible employee's surviving
spouse and for each natural child, stepchild, or adopted child of the
eligible employee:
(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 longest. If health insurance coverage is offered by
the unit to an eligible employee, the health insurance provided to a
surviving spouse or child under this subsection must be equal in
coverage to that offered to an eligible employee. The offer to provide
and pay for health insurance cover coverage shall remain open for as
long as there is a surviving spouse or as long as a natural child,
stepchild, or adopted child of the eligible employee is eligible for
coverage under subdivision (1), (2), or (3).
SECTION 131. IC 36-8-13-3, AS AMENDED BY P.L.95-2003,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. (a) The executive of a township, with the
approval of the legislative body, may do the following:
(1) Purchase firefighting and emergency services apparatus and
equipment for the township, provide for the housing, care,
maintenance, operation, and use of the apparatus and equipment
to provide services within the township but outside the corporate
boundaries of municipalities, and employ full-time or part-time
personnel to operate the apparatus and equipment and to provide
services in that area. Preference in employment under this section
shall be given according to the following priority:
(A) A war veteran who has been honorably discharged from
the United States armed forces.
(B) A person whose mother or father was a:
[EFFECTIVE UPON PASSAGE]: IC 3-11-6.5-0.5; IC 3-11-15-13.5;
IC 6-2.5-6-14; IC 12-7-2-143; IC 13-11-2-85.5; IC 13-11-2-117;
IC 13-11-2-265.5; IC 27-13-1-3; IC 34-30-2-55; IC 34-30-2-116.8;
IC 36-9-37-2.
SECTION 134. [EFFECTIVE UPON PASSAGE] The amendment
of IC 35-41-4-2(f) by this act does not apply to offenses committed
under IC 35-42-4-3(c) and IC 35-42-4-3(d) as those provisions
existed before the amendment of IC 35-42-4-3 by P.L.79-1994,
SECTION 12.
SECTION 135. P.L.112-2003, SECTION 2 IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: SECTION
2. (a) As used in this SECTION, "commission" refers to the fire
prevention and building safety commission.
(b) The commission shall consider the following criteria in adopting
standards under IC 22-13-4-7, as added by this act:
(1) Standards for an entrance to the dwelling unit that has the
following features:
(A) The entrance is designed to:
(i) provide access to; and
(ii) be usable by;
people with physical disabilities.
(B) The entrance is designed:
(i) without any steps; or
(ii) with a rise that is not more than one-half (1/2) inch.
(C) The entrance is located on a continuous unobstructed path
from the entrance of the building that contains or consists of
the dwelling unit to the street. The commission shall consider
standards that make the path:
(i) usable by a person who uses a wheelchair; and
(ii) safe for and usable by people with other physical
disabilities and people without physical disabilities.
The commission's standards may include curb ramps, parking
access aisles, walks, ramps, or lifts.
(2) Standards for doors within the dwelling that are designed to
allow passage for a person described in subdivision (1)(C)(i) and
or (1)(C)(ii). The commission shall consider standards that
require a door to have an unobstructed opening of at least
thirty-six (36) inches.
(3) Standards for the location of environmental controls including
the following:
(A) Except as provided in clause (B), environmental controls
that are located:
to the remainder of:
(1) the total gross income tax liability incurred by the taxpayer for
the part of the taxpayer's taxable year that occurred in calendar
year 2002; minus
(2) the sum of:
(A) the total amount of gross income taxes that was previously
paid by the taxpayer to the department of state revenue for any
quarter of that same part of the taxpayer's taxable year; plus
(B) any gross income taxes that were withheld from the
taxpayer for that same part of the taxpayer's taxable year under
IC 6-2.1-6.
(d) The department of state revenue may prescribe forms and
procedures for reconciling the returns and tax due under
P.L.192-2002(ss), SECTION 199 before the enactment of this
amendment and the returns and tax due under P.L.192-2002(ss),
SECTION 199, as amended by this SECTION. The procedures may
include procedures for granting an automatic extension for the filing
of some or all returns due before April 16, 2003, under
P.L.192-2002(ss), SECTION 199 before the enactment of this
amendment.
SECTION 137. P.L.224-2003, SECTION 261, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: SECTION
261. (a) The duties conferred on the department of commerce relating
to energy policy are transferred to the office of energy policy on July
1, 2005.
(b) The rules adopted by the department of commerce concerning
energy policy before July 1, 2005, are considered, after June 30, 2005,
rules of the office of energy policy until the office of energy policy
adopts replacement rules.
(c) On July 1, 2005, the office of energy policy becomes the owner
of all property relating to energy policy of the department of commerce.
(d) Any appropriations to the department of commerce relating to
energy policy and any funds relating to energy policy under the control
or supervision of the department of commerce on June 30, 2005, are be
transferred to the control or supervision of the office of energy policy
on July 1, 2005.
(e) The legislative services agency shall prepare legislation for
introduction in the 2004 regular session of the general assembly to
organize and correct statutes affected by the transfer of responsibilities
to the office of energy policy by this act.
(f) This SECTION expires January 1, 2006.
SECTION 138. P.L.264-2003, SECTION 15, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: SECTION
15. (a) IC 6-1.1-10-16 (subject to SECTION 13 14 of this act),
IC 6-1.1-10-21, and IC 14-33-7-4, all as amended by this act, apply
only to property taxes first due and payable after December 31, 2002.
SECTION 139. P.L.272-2003, SECTION 10, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: SECTION
10. (a) This SECTION applies to certified applications for an enterprise
zone inventory credit under IC 6-1.1-20.8 that were filed for property
taxes due and payable in 2002.
(b) Notwithstanding any other law, the county auditor may
determine that a person who filed a certified application no not later
than thirty (30) days after the time established in IC 6-1.1-20.8-2.5 is
eligible to receive the credit. In order to approve the application, the
county auditor shall make the findings set forth in subsection (d).
(c) To apply for a determination of eligibility under this SECTION,
a person must file with the auditor of the county in which the person's
facility is located, by no not later than July 1, 2003, an application for
an enterprise zone inventory credit for its inventory as of March 1,
2001, on a form EZ-1 prescribed by the department of local
government finance.
(d) If an application for an enterprise zone inventory credit is filed
by a person under subsection (c), the county auditor shall, within thirty
(30) days after such the filing, determine whether the application
should be approved. The county auditor shall make the following
findings:
(1) The person applied for the credit no not later than thirty (30)
days after the time established in IC 6-1.1-20.8-2.5 and the
application was denied as being not timely filed.
(2) The application would have been approved if it had been
timely filed.
(3) Local officials support the approval of the application.
(4) Approval of the application will result in a significant
assistance payment to the applicable local zone urban enterprise
association.
(5) The approval of the application will promote economic
development activities in the enterprise zone.
(e) If the auditor approves the application, the auditor shall
determine the amount of the credit by calculating the person's property
tax liability on inventory located within an enterprise zone as of March
1, 2001, payable in 2002.
(f) Without any appropriation being required, the county auditor
shall issue warrants payable from the county general fund to a person
eligible for credit under subsection (e) in the following amounts and on
the following dates:
(1) On July 15, 2004, for an amount equal to one-half (1/2) of the
liability calculated under subsection (e)(1).
(2) On January 15, 2005, for an amount equal to one-half (1/2) of
the liability calculated under subsection (e)(1).
(g) In addition to issuing a warrant, the county auditor may choose
to grant the person a credit against the person's property tax liability
payable in 2004 and 2005 for all or a portion of the amount of the
credit determined in subsection (e).
(h) Within thirty (30) days after receiving either the credit against
property tax liability under subsection (g) or each of the warrants
issued under subsection (f), the person shall pay an amount equal to the
pro rata amount of any additional registration fee under
IC 4-4-6.1-2(a)(4) and the pro rata amount of any assistance payment
under IC 4-4-6.1-2(b).
(i) This SECTION expires December 31, 2005.
SECTION 140. P.L.276-2003, SECTION 36, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: SECTION
36. (a) An advance to a charter school from the department of
education that is financed by a transfer by the state board of finance
from the abandoned property fund established in by IC 32-34-1-33 is
forgiven.
(b) This SECTION expires June 30, 2005.
SECTION 141. P.L.277-2003, SECTION 16 IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: SECTION
16. (a) Except as provided in subsection (b), the administrative fee fees
deposited into:
(1) the county supplemental juvenile probation services fund
under IC 31-40-2-1;
(2) the county supplemental adult probation services fund under
IC 35-38-2-1(f); and
(3) the local supplemental adult probation services fund under
IC 35-38-2-1(g);
as amended by this act shall be used to pay for salary increases required
under the salary schedule adopted under IC 36-2-16.5 and IC 11-13-8
that became effective January 1, 2004.
(b) Administrative fees collected that exceed the amount required
to pay for salary increases required under the salary schedule adopted
under IC 36-2-16.5 and IC 11-13-1-8 may be used in any manner
permitted under IC 31-40-2-2, IC 35-38-2-1(f), or IC 35-38-2-1(i).
SECTION 142. An emergency is declared for this act.