Introduced Version
SENATE BILL No. 606
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 2-5-1.1-12.1; IC 4-4-29-6; IC 4-5-10; IC 4-13;
IC 4-13.1; IC 4-13.6-5-8; IC 4-23-16; IC 4-34-3-4; IC 5-2-6-3.5;
IC 5-3-1-6; IC 5-14; IC 5-15-5.1; IC 5-21; IC 5-22; IC 5-27;
IC 10-13-3-36; IC 20-10.1; IC 20-12-12; IC 22-4-19-6.5; IC 25-1-5-10;
IC 34-30-2-16.
Synopsis: Chief information officer. Creates the office of technology
by combining the duties performed by the division of information
technology of the department of administration, the information
technology oversight commission, and the intelenet commission,
including the enhanced data access review committee. Transfers to the
new office the duties, rules, personnel, funds, and equipment of the
combined entities. Makes conforming changes. Provides that the chief
information officer participates in decisions made by the higher
education telecommunications system. Repeals the statutes establishing
the state information technology oversight commission, the information
technology advisory committee, the intelenet commission, and a
definition of intelenet in the public purchasing law.
Effective: July 1, 2005.
Ford
January 24, 2005, read first time and referred to Committee on Economic Development
and Technology.
Introduced
First Regular Session 114th General Assembly (2005)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
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word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2004 Regular Session of the General Assembly.
SENATE BILL No. 606
A BILL FOR AN ACT to amend the Indiana Code concerning state
offices and administration.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 2-5-1.1-12.1; (05)IN0606.1.1. -->
SECTION 1. IC 2-5-1.1-12.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 12.1. The legislative
council may contract with the intelenet commission established by
IC 5-21-2-1 office of technology or another public or private person to
provide video or audio coverage, or both, over the Internet or another
broadcast medium of any of the following:
(1) Sessions of the general assembly.
(2) Other legislative activities authorized by the legislative
council.
SOURCE: IC 4-4-29-6; (05)IN0606.1.2. -->
SECTION 2. IC 4-4-29-6 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 6. The council shall do the
following:
(1) Assist in developing goals and objectives for the tourism
division of the department, including the following:
(A) Development of Indiana's agricultural and horticultural
base.
(B) Job creation and retention in rural Indiana.
(C) Development of agritourism opportunities to provide
additional income for Indiana's agricultural and horticultural
workers.
(D) Product development, including the creation of outlets for
the sale of crafts, foods, and other items produced in Indiana.
(E) Preservation and development of historic rural resources
in Indiana.
(F) Local, national, and international direct marketing to
increase revenue and enhance the viability of agricultural,
horticultural, and agribusiness operations in Indiana.
(G) Public education about the impact of agriculture and
horticulture on a community's quality of life.
(H) Capital and business assistance for agricultural,
horticultural, and agribusiness workers to increase the
viability, sustainability, and growth of agritourism businesses
and services in Indiana.
(2) Establish advisory groups to make recommendations to the
department on tourism research, development, and marketing.
(3) Analyze the results and effectiveness of grants made by the
department.
(4) Build commitment and unity among tourism industry groups.
(5) Create a forum for sharing talent, resources, and ideas
regarding tourism.
(6) Encourage public and private participation necessary for the
promotion of tourism.
(7) Promote agritourism in Indiana to national and international
visitors.
(8) Sustain the viability and growth of the agritourism industry in
Indiana.
(9) Establish and promote an Internet web site that is linked to the
computer gateway administered by the
intelenet commission
under IC 5-21-2 and known as accessIndiana. office of
technology.
(10) Create regional agritourism development plans for the twelve
(12) regional offices of the department.
(11) Coordinate efforts to educate the public about agritourism
and Indiana's agricultural heritage and history.
(12) Provide information concerning funding opportunities,
including grants, loans, and partnerships, to persons who are
interested in starting an agritourism business or who operate an
agritourism business.
(13) Make recommendations to the department and the general
assembly regarding any matter involving agritourism.
Recommendations to the general assembly under this subdivision
must be reported in an electronic format under IC 5-14-6.
(14) Generate economic vitality and tourism activity for Indiana.
(15) Position Indiana as the recognized agritourism center of the
nation.
(16) Make recommendations to the department regarding any
matter involving tourism.
SOURCE: IC 4-5-10-1; (05)IN0606.1.3. -->
SECTION 3. IC 4-5-10-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 1. The intelenet commission
established under IC 5-21-2 or the state enhanced data access review
committee under IC 5-21-6 office of technology and the secretary of
state shall establish policies and procedures for providing electronic
and enhanced access under this chapter to create and maintain uniform
policies and procedures for electronic and enhanced access by the
public.
SOURCE: IC 4-5-10-3; (05)IN0606.1.4. -->
SECTION 4. IC 4-5-10-3 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 3. Electronic and enhanced access
to information shall be provided through the computer gateway
administered by the intelenet commission under IC 5-21-2. office of
technology.
SOURCE: IC 4-13-1-4; (05)IN0606.1.5. -->
SECTION 5. IC 4-13-1-4 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 4. The department shall, subject to
this chapter, do the following:
(1) Execute and administer all appropriations as provided by law,
and execute and administer all provisions of law that impose
duties and functions upon the executive department of
government, including executive investigation of state agencies
supported by appropriations and the assembly of all required data
and information for the use of the executive department and the
legislative department.
(2) Supervise and regulate the making of contracts by state
agencies.
(3) Perform the property management functions required by
IC 4-20.5-6.
(4) Assign office space and storage space for state agencies in the
manner provided by IC 4-20.5-5.
(5) Maintain and operate the following for state agencies:
(A) Central duplicating.
(B) Printing.
(C) Machine tabulating.
(D) Mailing services.
(E) Centrally available supplemental personnel and other
essential supporting services.
(F) Information services.
(G) Telecommunication services.
The department may require state agencies to use these general
services in the interests of economy and efficiency. The general
services rotary fund
the telephone rotary fund, and the data
processing rotary fund are is established through which
these
services may be rendered to state agencies. The budget agency
shall determine the amount for
each the rotary fund.
(6) Control and supervise the acquisition, operation, maintenance,
and replacement of state owned vehicles by all state agencies. The
department may establish and operate, in the interest of economy
and efficiency, a motor vehicle pool, and may finance the pool by
a rotary fund. The budget agency shall determine the amount to
be deposited in the rotary fund.
(7) Promulgate and enforce rules relative to the travel of officers
and employees of all state agencies when engaged in the
performance of state business. These rules may allow
reimbursement for travel expenses by any of the following
methods:
(A) Per diem.
(B) For expenses necessarily and actually incurred.
(C) Any combination of the methods in clauses (A) and (B).
The rules must require the approval of the travel by the
commissioner and the head of the officer's or employee's
department prior to payment.
(8) Administer IC 4-13.6.
(9) Prescribe the amount and form of certified checks, deposits,
or bonds to be submitted in connection with bids and contracts
when not otherwise provided for by law.
(10) Rent out, with the approval of the governor, any state
property, real or personal:
(A) not needed for public use; or
(B) for the purpose of providing services to the state or
employees of the state;
the rental of which is not otherwise provided for or prohibited by
law. Property may not be rented out under this subdivision for a
term exceeding ten (10) years at a time. However, if property is
rented out for a term of more than four (4) years, the
commissioner must make a written determination stating the
reasons that it is in the best interests of the state to rent property
for the longer term. This subdivision does not include the power
to grant or issue permits or leases to explore for or take coal, sand,
gravel, stone, gas, oil, or other minerals or substances from or
under the bed of any of the navigable waters of the state or other
lands owned by the state.
(11) Have charge of all central storerooms, supply rooms, and
warehouses established and operated by the state and serving
more than one (1) agency.
(12) Enter into contracts and issue orders for printing as provided
by IC 4-13-4.1.
(13) Sell or dispose of surplus property under IC 5-22-22, or if
advantageous, to exchange or trade in the surplus property toward
the purchase of other supplies, materials, or equipment, and to
make proper adjustments in the accounts and inventory pertaining
to the state agencies concerned.
(14) With respect to power, heating, and lighting plants owned,
operated, or maintained by any state agency:
(A) inspect;
(B) regulate their operation; and
(C) recommend improvements to those plants to promote
economical and efficient operation.
(15) Administer, determine salaries, and determine other
personnel matters of the department of correction ombudsman
bureau established by IC 4-13-1.2-3.
SOURCE: IC 4-13-17-2; (05)IN0606.1.6. -->
SECTION 6. IC 4-13-17-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. As used in this
chapter, "Internet purchasing site" means an open and interactive
electronic environment that is:
(1) designed to facilitate the purchase and sale of supplies
conducted under IC 5-22;
(2) approved and managed by the department; and
(3) linked to the electronic gateway administered by the intelenet
commission established by IC 5-21-2-1. office of technology.
SOURCE: IC 4-13-17-7; (05)IN0606.1.7. -->
SECTION 7. IC 4-13-17-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 7. The department shall
provide authorized users and the public with access to Internet
purchasing sites by links to the electronic gateway administered by the
intelenet commission. office of technology.
SOURCE: IC 4-13-17-8; (05)IN0606.1.8. -->
SECTION 8. IC 4-13-17-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 8. The following shall
cooperate with the department to implement this chapter:
(1) The intelenet commission. office of technology.
(2) The state board of accounts.
(3) The attorney general.
(4) The auditor of state.
SOURCE: IC 4-13.1; (05)IN0606.1.9. -->
SECTION 9. IC 4-13.1 IS ADDED TO THE INDIANA CODE AS
A
NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2005]:
ARTICLE 13.1. OFFICE OF TECHNOLOGY
Chapter 1. Definitions
Sec. 1. The definitions in this chapter apply throughout this
article.
Sec. 2. "Authorized user" includes the following:
(1) Any board, commission, department, agency, or authority,
by whatever name designated, exercising a part of the
executive, administrative, legislative, or judicial power of the
state.
(2) Any county, city, town, township, school corporation,
political subdivision, or other entity, by whatever name
designated, exercising in a limited geographical area the
executive, administrative, legislative, or judicial power of the
state or a local governmental power.
(3) Any entity that is subject to:
(A) budget review by the department of local government
finance or the governing body of a county, city, town,
township, or school corporation; or
(B) audit by the state board of accounts.
(4) Any building corporation of a political subdivision of the
state that issues bonds for the purpose of constructing public
facilities.
(5) Any advisory commission, committee, or body created by
statute, ordinance, or executive order and requiring the use of
the accessIndiana system.
(6) The Indiana higher education telecommunications system
established under IC 20-12-12 and all the colleges and
universities included in that system.
(7) Any Indiana broadcasting station licensed by the Federal
Communications Commission as a noncommercial radio or
television station for purposes of educational programming.
(8) Any nonprofit entity associated with a local community
that is formed for the express purpose of coordinating the
delivery of government data and other civic related or
commercial information through electronic means to the local
community.
(9) Any nonpublic school (as defined in IC 20-10.1-1-3).
Sec. 3. "Information technology" includes the resources,
technologies, and services associated with the fields of:
(1) information processing;
(2) office automation; and
(3) telecommunication facilities and networks.
Sec. 4. "Office" means the office of technology established by
IC 4-13.1-2-1.
Sec. 5. "State agency" includes any executive or administrative
department, commission, council, board, bureau, division, service,
office, officer, administration, or other establishment in the
executive or administrative branch of the state government,
whether or not provided for by the state constitution.
Sec. 6. "Telecommunication" means the transmission of any
document, picture, datum, sound, or other symbol by television,
radio, microwave, optical, or other electromagnetic signal.
Chapter 2. Office of Technology
Sec. 1. The office of technology is established for the following
purposes:
(1) Align the technology infrastructure of the state.
(2) Stabilize lines of information technology management
within government.
(3) Focus state information technology services to improve
service levels to the citizens and lower the costs of providing
information technology services.
(4) Bring the best technology solutions to bear on state
technology applications.
(5) Improve and expand government services provided
electronically.
(6) Make it easy for the state to do business with the greatest
security possible.
Sec. 2. The office shall do the following:
(1) Develop and maintain overall strategy and architecture for
the use of information technology in state government.
(2) Review all state agency budget requests and proposed
contracts relating to information technology.
(3) Coordinate state information technology master planning.
(4) Maintain an inventory of information technology
resources and expenditures.
(5) Manage a computer gateway known as accessIndiana
solely to carry out or facilitate the carrying out of the
essential public, educational, and governmental functions of
authorized users.
(6) Provide technical staff support services for each state
agency in conjunction with the information technology
director or other similar knowledgeable person of each state
agency.
(7) Monitor trends and advances in information technology.
(8) Monitor state agency information technology activities.
(9) Develop and maintain policies, procedures, and guidelines
for the effective and secure use of information technology in
state government.
(10) Develop and maintain guidelines for the hiring of
information technology staff in state agencies.
(11) Conduct periodic management reviews of information
technology activities within state agencies.
(12) Seek funding for technology services from the following:
(A) Grants.
(B) Federal sources.
(C) Gifts, donations, and bequests.
(D) Partnerships with other governmental entities or the
private sector.
(E) Appropriations.
(F) Any other source of funds.
(13) Perform other related functions and duties as directed by
the chief information officer.
Sec. 3. (a) The governor shall appoint a chief information officer
of the office, who serves at the pleasure of the governor.
(b) The chief information officer:
(1) is the executive head of the office;
(2) is responsible for strategic planning and the architecture
of all information technology functions of state government;
and
(3) shall provide leadership in the areas of:
(A) finance;
(B) procurement;
(C) asset inventory; and
(D) accountability;
for all information technology areas and issues facing state
agencies.
Sec. 4. (a) State agencies shall use information technology and
telecommunications services provided by the office.
(b) State agencies shall submit all information technology
related budget requests to the office. Requests submitted under this
subsection:
(1) shall be reviewed by; and
(2) are subject to the approval of;
the office before submission to the budget agency in preparation of
requests for appropriations.
(c) State agencies shall submit all information technology
related proposed contracts to the office. Contracts submitted under
this subsection:
(1) shall be reviewed by; and
(2) are subject to the approval of;
the office. The requirements of this subsection are in addition to
the rules adopted by the Indiana department of administration.
The Indiana department of administration may not adopt any
procurement rule that is duplicative or inconsistent with rules
adopted by the office.
(d) State agencies shall submit all other information technology
related requests to the office. Requests submitted under this
subsection:
(1) shall be reviewed by; and
(2) subject to the approval of;
the office.
(e) The office may not approve a request or contract submitted
under this section unless the request or contract complies with the
accessibility standards developed under IC 4-13.1-3.
Sec. 5. (a) The office may require a director of information
technology services or other knowledgeable individuals employed
by a state agency to advise and assist the office in carrying out its
functions.
(b) State agencies shall consult with the office concerning hiring
information technology directors and staff.
(c) At the request of the office, a state agency must submit an
information technology resource inventory to the office to include
all information technology hardware, software, technical
personnel, and information technology contracts.
Sec. 6. (a) The:
(1) data processing rotary fund;
(2) telephone rotary fund; and
(3) accessIndiana rotary fund;
are established to be used to provide services to state agencies. The
office shall administer the funds established by this subsection.
(b) The budget agency shall determine the amount of funding
for each rotary fund established by subsection (a).
Chapter 3. Accessibility Standards
Sec. 1. (a) The office shall develop standards that are compatible
with principles and goals contained in the electronic and
information technology accessibility standards adopted by the
architectural and transportation barriers compliance board under
Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C.
794d), as amended. The office shall adopt rules under IC 4-22-2
concerning the standards developed under this section. Those
standards must conform with the requirements of Section 508 of
the federal Rehabilitation Act of 1973 (29 U.S.C. 794d), as
amended.
(b) If a state agency cannot comply with the information
technology accessibility standards within a reasonable time without
undue burden, the state agency shall submit a plan to the office,
which shall include the proposed time for later compliance with the
standards. A plan submitted under this subsection must provide
alternative means for accessibility during the period when the plan
will be in effect.
(c) Notwithstanding any law, the standards developed under
subsection (a) apply to the executive, legislative, judicial, and
administrative branches of state and local government.
Chapter 4. AccessIndiana
Sec. 1. AccessIndiana may include the following:
(1) A statewide voice network.
(2) Voice connections into each county.
(3) Interfacing with out-of-state voice facilities.
(4) Lines to connect computers and terminals.
(5) High speed data switching capacity.
(6) Data connections into each county.
(7) A statewide broadcast network for video signals.
(8) Two-way video conferencing capacity.
(9) Internet purchasing sites (as defined in IC 4-13-17-2).
(10) Other telecommunication and information technology
services approved by the office.
Sec. 2. The office may enter into a competitively bid contract to
provide for the:
(1) development;
(2) operation;
(3) maintenance; and
(4) expansion;
of electronic transactions with a state agency or a public agency (as
defined in IC 5-14-1.5-2) and electronic information access from a
state agency or a public agency.
Sec. 3. The office shall:
(1) design;
(2) develop;
(3) contract for; and
(4) manage;
statewide integrated telecommunication networks and information
technology services that economically, efficiently, and effectively
meet the needs of authorized users.
Sec. 4. The office may provide authorized users with any:
(1) administrative support services;
(2) technical assistance;
(3) materials; or
(4) supplies;
that are necessary or incident to determining whether to become
a user of accessIndiana.
Sec. 5. The office may provide technical information and
assistance for the:
(1) coordination;
(2) planning;
(3) allocation;
(4) procurement; or
(5) management;
of accessIndiana to an authorized user when requested by the user.
Sec. 6. The office shall set:
(1) policies;
(2) standards;
(3) procedures; and
(4) other requirements;
for accessIndiana for the office's relationship with suppliers for
accessIndiana and for the provision of services through
accessIndiana to authorized users.
Sec. 7. The office shall determine the timetable by which
accessIndiana becomes available to an authorized user and the
extent to which services of accessIndiana will be provided to an
authorized user.
Sec. 8. (a) The office and an authorized user may negotiate an
accessIndiana services agreement. The accessIndiana services
agreement:
(1) must set forth the terms and conditions for the delivery of
accessIndiana services;
(2) must set forth the amounts agreed to be paid at stated
intervals for accessIndiana services;
(3) may contain an option to renew the agreement for
successive periods, each not to exceed five (5) years;
(4) may not provide for payment of sums for accessIndiana
services until the accessIndiana services are available to the
authorized user; and
(5) may contain any other provisions agreeable to the office
and the authorized user.
(b) In determining the amounts to be paid by an authorized user
to the office, the office shall impose and collect amounts that are
sufficient to pay the expenses of the operation of accessIndiana
services and the maintenance and repair of related property to the
extent that the expenses are not otherwise provided.
Sec. 9. Notwithstanding any other law, an authorized user may
enter into an agreement with the office to use accessIndiana or
related technical and administrative support services without
publishing or posting a notice or complying with any competitive
bidding laws. An agreement with the office may be for an initial
term not exceeding five (5) years and may be renewed for
successive periods, each not to exceed five (5) years.
Sec. 10. The office may negotiate and execute an accessIndiana
services agreement for any state agency or for any other requesting
authorized users.
SOURCE: IC 4-13.6-5-8; (05)IN0606.1.10. -->
SECTION 10. IC 4-13.6-5-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 8. (a) This section
applies only to public works contracts bid under section 2 of this
chapter.
(b) The division shall solicit sealed bids by public notice inserted
once each week for two (2) successive weeks before the final date of
submitting bids in:
(1) one (1) newspaper of general circulation in Marion County,
Indiana; and
(2) if any part of the project is located in an area outside Marion
County, Indiana, one (1) newspaper of general circulation in that
area.
The commissioner shall designate the newspapers for these
publications. The commissioner may designate different newspapers
according to the nature of the project and may direct that additional
notices be published.
(c) The division shall also solicit sealed bids for public works
projects by:
(1) sending notices by mail to prospective contractors known to
the division;
(2) posting notices on a public bulletin board in its office; and
(3) providing electronic access to notices through the computer
gateway administered by the intelenet commission under
IC 5-21-2; office of technology;
at least seven (7) days before the final date for submitting bids for the
public works project.
SOURCE: IC 4-34-3-4; (05)IN0606.1.11. -->
SECTION 11. IC 4-34-3-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 4. Money in the fund
shall be allocated annually to the intelenet commission (IC 5-21-2-1)
office of technology to make matching grants to school corporations
or to make payments directly to vendors for Internet connections and
related equipment for a school corporation. The intelenet commission
office of technology shall develop a plan to implement grants under
this section. The budget committee shall review the plan. The budget
agency must approve of the plan.
SOURCE: IC 5-2-6-3.5; (05)IN0606.1.12. -->
SECTION 12. IC 5-2-6-3.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3.5. (a) The sex and
violent offender directory established under section 3 of this chapter
must include the names of each offender who is or has been required
to register under IC 5-2-12.
(b) The institute shall do the following:
(1) Update the directory at least one (1) time every six (6) months.
(2) Publish the directory on the Internet through the computer
gateway administered by the
intelenet commission under
IC 5-21-2 and known as Access Indiana. office of technology.
(3) Make the directory available on a computer disk and, at least
one (1) time every six (6) months, send a copy of the computer
disk to the following:
(A) All school corporations (as defined in IC 20-1-6-1).
(B) All nonpublic schools (as defined in IC 20-10.1-1-3).
(C) All state agencies that license individuals who work with
children.
(D) The state personnel department to screen individuals who
may be hired to work with children.
(E) All child care facilities licensed by or registered in the
state.
(F) Other entities that:
(i) provide services to children; and
(ii) request the directory.
(4) Maintain a hyperlink on the institute's computer web site that
permits users to connect to the Indiana sheriffs' sex offender
registry web site established under IC 36-2-13-5.5.
(5) Make a paper copy of the directory available upon request.
(c) A copy of the directory:
(1) provided to a child care facility under subsection (b)(3)(E);
(2) provided to another entity that provides services to children
under subsection (b)(3)(F); or
(3) that is published on the Internet under subsection (b)(2);
must include the home address of an offender whose name appears in
the directory.
(d) When the institute publishes on the Internet or distributes a copy
of the directory under subsection (b), the institute shall include a notice
using the following or similar language:
"Based on information submitted to the criminal justice institute,
a person whose name appears in this directory has been convicted
of a sex offense or a violent offense or has been adjudicated a
delinquent child for an act that would be a sex offense or violent
offense if committed by an adult.".
SOURCE: IC 5-3-1-6; (05)IN0606.1.13. -->
SECTION 13. IC 5-3-1-6 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 6. (a) In all cases where notices are
required by law to be published in the public newspaper by or under
the supervision of any state officer, board, commission, or institution
of the state of Indiana, said notices are hereby required to be published
in each of two (2) daily newspapers published in the city of
Indianapolis and in such other cities as is required by law, said notices
to be in all cases published in two (2) newspapers in each city where
they are required to be published. In all cases where the officer, board,
commission, or institution making said publication is located outside
of the city of Indianapolis, said notices shall also be published in
newspapers published within the county where said officer, board,
commission, or institution maintains its office. The rate charged for all
such notices and advertising shall be the same as is set out in section
1 of this chapter.
(b) In addition to the requirements of subsection (a), a state officer,
board, commission, or institution of the state of Indiana that is required
by law to publish a notice of a public meeting shall also provide
electronic access to the notice through the computer gateway
administered by the intelenet commission under IC 5-21-2. office of
technology.
SOURCE: IC 5-14-1.5-5; (05)IN0606.1.14. -->
SECTION 14. IC 5-14-1.5-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 5. (a) Public notice of
the date, time, and place of any meetings, executive sessions, or of any
rescheduled or reconvened meeting, shall be given at least forty-eight
(48) hours (excluding Saturdays, Sundays, and legal holidays) before
the meeting. This requirement does not apply to reconvened meetings
(not including executive sessions) where announcement of the date,
time, and place of the reconvened meeting is made at the original
meeting and recorded in the memoranda and minutes thereof, and there
is no change in the agenda.
(b) Public notice shall be given by the governing body of a public
agency by:
(1) posting a copy of the notice at the principal office of the
public agency holding the meeting or, if no such office exists, at
the building where the meeting is to be held; and
(2) delivering notice to all news media which deliver by January
1 an annual written request for such notices for the next
succeeding calendar year to the governing body of the public
agency. The governing body shall give notice by one (1) of the
following methods:
(A) Depositing the notice in the United States mail with
postage prepaid.
(B) Transmitting the notice by electronic mail.
(C) Transmitting the notice by facsimile (fax).
If a governing body comes into existence after January 1, it shall
comply with this subdivision upon receipt of a written request for
notice.
In addition, a state agency (as defined in IC 4-13-1-1) shall provide
electronic access to the notice through the computer gateway
administered by the intelenet commission under IC 5-21-2. office of
technology.
(c) Notice of regular meetings need be given only once each year,
except that an additional notice shall be given where the date, time, or
place of a regular meeting or meetings is changed. This subsection does
not apply to executive sessions.
(d) If a meeting is called to deal with an emergency involving actual
or threatened injury to person or property, or actual or threatened
disruption of the governmental activity under the jurisdiction of the
public agency by any event, then the time requirements of notice under
this section shall not apply, but:
(1) news media which have requested notice of meetings must be
given the same notice as is given to the members of the governing
body; and
(2) the public must be notified by posting a copy of the notice
according to this section.
(e) This section shall not apply where notice by publication is
required by statute, ordinance, rule, or regulation.
(f) This section shall not apply to:
(1) the department of local government finance, the Indiana board
of tax review, or any other governing body which meets in
continuous session, except that this section applies to meetings of
these governing bodies which are required by or held pursuant to
statute, ordinance, rule, or regulation; or
(2) the executive of a county or the legislative body of a town if
the meetings are held solely to receive information or
recommendations in order to carry out administrative functions,
to carry out administrative functions, or confer with staff
members on matters relating to the internal management of the
unit. "Administrative functions" do not include the awarding of
contracts, the entering into contracts, or any other action creating
an obligation or otherwise binding a county or town.
(g) This section does not apply to the general assembly.
(h) Notice has not been given in accordance with this section if a
governing body of a public agency convenes a meeting at a time so
unreasonably departing from the time stated in its public notice that the
public is misled or substantially deprived of the opportunity to attend,
observe, and record the meeting.
SOURCE: IC 5-14-3-3.5; (05)IN0606.1.15. -->
SECTION 15. IC 5-14-3-3.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3.5. (a) As used in this
section, "state agency" has the meaning set forth in IC 4-13-1-1. The
term does not include the office of the following elected state officials:
(1) Secretary of state.
(2) Auditor.
(3) Treasurer.
(4) Attorney general.
(5) Superintendent of public instruction.
However, each state office described in subdivisions (1) through (5)
and the judicial department of state government may use the computer
gateway administered by the intelenet commission established under
IC 5-21-2, office of technology, subject to the requirements of this
section.
(b) As an additional means of inspecting and copying public
records, a state agency may provide enhanced access to public records
maintained by the state agency.
(c) If the state agency has entered into a contract with a third party
under which the state agency provides enhanced access to the person
through the third party's computer gateway or otherwise, all of the
following apply to the contract:
(1) The contract between the state agency and the third party must
provide for the protection of public records in accordance with
subsection (d).
(2) The contract between the state agency and the third party may
provide for the payment of a reasonable fee to the state agency by
either:
(A) the third party; or
(B) the person.
(d) A contract required by this section must provide that the person
and the third party will not engage in the following:
(1) Unauthorized enhanced access to public records.
(2) Unauthorized alteration of public records.
(3) Disclosure of confidential public records.
(e) A state agency shall provide enhanced access to public records
only through the computer gateway administered by the intelenet
commission established under IC 5-21-2, except as permitted by the
data process oversight commission established under IC 4-23-16-1.
office of technology.
SOURCE: IC 5-14-3-3.6; (05)IN0606.1.16. -->
SECTION 16. IC 5-14-3-3.6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3.6. (a) As used in this
section "public agency" does not include a state agency (as defined in
section 3.5(a) of this chapter).
(b) As an additional means of inspecting and copying public
records, a public agency may provide enhanced access to public
records maintained by the public agency.
(c) A public agency may provide a person with enhanced access to
public records if any of the following apply:
(1) The public agency provides enhanced access to the person
through its own computer gateway and provides for the protection
of public records under subsection (d).
(2) The public agency has entered into a contract with a third
party under which the public agency provides enhanced access to
the person through the third party's computer gateway or
otherwise, and the contract between the public agency and the
third party provides for the protection of public records in
accordance with subsection (d).
(d) A contract entered into under this section and any other
provision of enhanced access must provide that the third party and the
person will not engage in the following:
(1) Unauthorized enhanced access to public records.
(2) Unauthorized alteration of public records.
(3) Disclosure of confidential public records.
(e) A contract entered into under this section or any provision of
enhanced access may require the payment of a reasonable fee to either
the third party to a contract or to the public agency, or both, from the
person.
(f) A public agency may provide enhanced access to public records
through the computer gateway administered by the intelenet
commission established under IC 5-21-2. office of technology.
SOURCE: IC 5-15-5.1-5; (05)IN0606.1.17. -->
SECTION 17. IC 5-15-5.1-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 5. (a) Subject to
approval by the oversight committee on public records created by
section 18 of this chapter, the commission shall do the following:
(1) Establish a forms management program for state government
and approve the design, typography, format, logo, data sequence,
form analysis, form number, and agency file specifications of
each form.
(2) Establish a central state form numbering system and a central
cross index filing system of all state forms, and standardize,
consolidate, and eliminate, wherever possible, forms used by state
government.
(3) Approve, provide, and in the manner prescribed by IC 5-22,
purchase photo-ready copy for all forms.
(4) Establish a statewide records management program,
prescribing the standards and procedures for record making and
record keeping. However, the investigative and criminal history
records of the state police department are exempted from this
requirement.
(5) Coordinate utilization of all micrographics equipment in state
government.
(6) Assist the Indiana department of administration in
coordinating utilization of all duplicating and printing equipment
in the executive and administrative branches.
(7) Advise the Indiana department of administration with respect
to the purchase of all records storage equipment.
(8) Establish and operate a distribution center for the receipt,
storage, and distribution of all material printed for an agency.
(9) Establish and operate a statewide archival program to be
called the Indiana state archives for the permanent government
records of the state, provide consultant services for archival
programs, conduct surveys, and provide training for records
coordinators.
(10) Establish and operate a statewide record preservation
laboratory.
(11) Prepare, develop, and implement record retention schedules.
(12) Establish and operate a central records center to be called the
Indiana state records center, which shall accept all records
transferred to it, provide secure storage and reference service for
the same, and submit written notice to the applicable agency of
intended destruction of records in accordance with approved
retention schedules.
(13) Demand, from any person or organization or body who has
illegal possession of original state or local government records,
those records, which shall be delivered to the commission.
(14) Have the authority to examine all forms and records housed
or possessed by state agencies for the purpose of fulfilling the
provisions of this chapter.
(15) In coordination with the data processing oversight
commission created under IC 4-23-16, office of technology,
establish standards to ensure the preservation of adequate and
permanent computerized and auxiliary automated information
records of the agencies of state government.
(16) Notwithstanding IC 5-14-3-8, establish a schedule of fees for
services provided to patrons of the Indiana state archives. A
copying fee established under this subdivision may exceed the
copying fee set forth in IC 5-14-3-8(c).
(b) In implementing a forms management program, the commission
shall follow procedures and forms prescribed by the federal
government.
(c) Fees collected under subsection (a)(16) shall be deposited in the
state archives preservation and reproduction account established by
section 5.3 of this chapter.
SOURCE: IC 5-15-5.1-18; (05)IN0606.1.18. -->
SECTION 18. IC 5-15-5.1-18 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 18. (a) The oversight
committee on public records consists ex officio of:
(1) the governor or
his the governor's designee;
(2) the secretary of state or
his the secretary's designee;
(3) the state examiner of the state board of accounts or
his the
state examiner's designee;
(4) the director of the state library;
(5) the director of the historical bureau;
(6) the director of the commission on public records;
(7) the commissioner of the
Indiana department of administration
or
his the commissioner's designee;
(8) the public access counselor; and
(9) the
executive director of the data processing oversight
commission chief information officer of the office of
technology or the executive director's chief information officer's
designee.
(b) The oversight committee also consists of two (2) lay members
appointed by the governor for a term of four (4) years. One (1) lay
member shall be a professional journalist or be a member of an
association related to journalism.
(c) The oversight committee shall elect one (1) of its members to be
chairman. The director of the commission on public records shall be
the secretary of the committee. The ex officio members of the oversight
committee shall serve without compensation and shall receive no
reimbursement for any expense which they may incur. Each lay
member is entitled to reimbursement for traveling and other expenses
as provided in the state travel policies and procedures, established by
the department of administration and approved by the state budget
agency and each lay member is entitled to the minimum salary per
diem as provided in IC 4-10-11-2.1(b).
SOURCE: IC 5-22-2-13.2; (05)IN0606.1.19. -->
SECTION 19. IC 5-22-2-13.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 13.2. "Office of technology"
refers to the office of technology established by IC 4-13.1-2-1.
SOURCE: IC 5-22-7-5; (05)IN0606.1.20. -->
SECTION 20. IC 5-22-7-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 5. (a) The purchasing
agency shall give notice of the invitation for bids in the manner
required by IC 5-3-1.
(b) The purchasing agency for a state agency shall also provide
electronic access to the notice through the electronic gateway
administered by the intelenet commission. office of technology.
(c) The purchasing agency for a political subdivision may also
provide electronic access to the notice through:
(1) the electronic gateway administered by the intelenet
commission office of technology as determined by the
commission; or
(2) any other electronic means available to the political
subdivision.
SOURCE: IC 5-22-9-3; (05)IN0606.1.21. -->
SECTION 21. IC 5-22-9-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. (a) The purchasing
agency shall give public notice of the request for proposals in the
manner required by IC 5-3-1.
(b) The purchasing agency for a state agency shall also provide
electronic access to the notice through the electronic gateway
administered by the
intelenet commission. office of technology.
(c) The purchasing agency for a political subdivision may also
provide electronic access to the notice through the electronic gateway
administered by the intelenet commission as determined by the
commission. office of technology.
SOURCE: IC 5-27-1-1; (05)IN0606.1.22. -->
SECTION 22. IC 5-27-1-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. This article applies
to a governmental body that conducts a transaction through the
computer gateway administered by the intelenet commission. office of
technology.
SOURCE: IC 5-27-3-1; (05)IN0606.1.23. -->
SECTION 23. IC 5-27-3-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. A governmental
body may accept electronic payment for a service, a tax, a license, a
permit, a fee, information, or any other amount due the governmental
body for a transaction conducted through the computer gateway
administered by the intelenet commission. office of technology.
SOURCE: IC 5-27-3-2; (05)IN0606.1.24. -->
SECTION 24. IC 5-27-3-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. (a) A governmental
body may enter into a contract with a provider company to enable the
governmental body to accept an electronic payment.
(b) A governmental body must use the provider company provided
or specified by the network manager established by the intelenet
commission under IC 5-21-2-2(c) office of technology to accept an
electronic payment submitted to the governmental body as payment for
a fee based service, license, or permit or for fee based information
obtained through electronic access.
SOURCE: IC 10-13-3-36; (05)IN0606.1.25. -->
SECTION 25. IC 10-13-3-36 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 36. (a) The department
may not charge a fee for responding to a request for the release of a
limited criminal history record if the request is made by a nonprofit
organization:
(1) that has been in existence for at least ten (10) years; and
(2) that:
(A) has a primary purpose of providing an individual
relationship for a child with an adult volunteer if the request
is made as part of a background investigation of a prospective
adult volunteer for the organization;
(B) is a home health agency licensed under IC 16-27-1;
(C) is a community mental retardation and other
developmental disabilities center (as defined in IC 12-7-2-39);
(D) is a supervised group living facility licensed under
IC 12-28-5;
(E) is an area agency on aging designated under IC 12-10-1;
(F) is a community action agency (as defined in
IC 12-14-23-2);
(G) is the owner or operator of a hospice program licensed
under IC 16-25-3; or
(H) is a community mental health center (as defined in
IC 12-7-2-38).
(b) Except as provided in subsection (d), the department may not
charge a fee for responding to a request for the release of a limited
criminal history record made by the division of family and children or
a county office of family and children if the request is made as part of
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 nonpublic 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. office of technology.
(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; office of technology; 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).
SOURCE: IC 20-10.1-25-1; (05)IN0606.1.26. -->
SECTION 26. IC 20-10.1-25-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. (a) The educational
technology program and fund is established for the purpose of
providing and extending educational technologies to elementary and
secondary schools for:
(1) the 4R's technology grant program to assist school
corporations (on behalf of public schools) in purchasing
technology equipment:
(A) for kindergarten and grade 1 students, to learn reading,
writing, and arithmetic using technology;
(B) for students in all grades, to understand that technology is
a tool for learning; and
(C) for students in kindergarten through grade 3 who have
been identified as needing remediation, to offer daily
remediation opportunities using technology to prevent those
students from failing to make appropriate progress at the
particular grade level;
(2) providing educational technologies, including computers in
the homes of students;
(3) conducting educational technology training for teachers; and
(4) other innovative educational technology programs.
(b) The department may also utilize money in the fund under
contracts entered into with the Indiana department of administration
and the state data processing oversight commission office of
technology to study the feasibility of establishing an information
telecommunications gateway that provides access to information on
employment opportunities, career development, and instructional
services from data bases operated by the state among the following:
(1) Elementary and secondary schools.
(2) Institutions of higher learning.
(3) Vocational educational institutions.
(4) Libraries.
(5) Any other agencies offering education and training programs.
(c) The fund consists of:
(1) state appropriations;
(2) private donations to the fund;
(3) money directed to the fund from the corporation for
educational technology under IC 20-10.1-25.1; or
(4) any combination of the amounts described in subdivisions (1)
through (3).
(d) The program and fund shall be administered by the department.
(e) Unexpended money appropriated to or otherwise available in the
fund for the department's use in implementing the program under this
chapter at the end of a state fiscal year does not revert to the state
general fund but remains available to the department for use under this
chapter.
(f) Subject to section 1.2 of this chapter, a school corporation may
use money from the school corporation's capital projects fund as
permitted under IC 21-2-15-4 for educational technology equipment.
SOURCE: IC 20-10.1-25.6-2; (05)IN0606.1.27. -->
SECTION 27. IC 20-10.1-25.6-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. As used in this
chapter, "telecommunications services and equipment" includes all
telecommunication services and equipment eligible for universal
service fund discounts as described:
(1) in the federal Telecommunications Act of 1996 (P.L.104-104,
110 Stat. 56 (1996)) and applicable regulations or orders issued
under that act;
(2) by the Indiana utility regulatory commission as allowed under
the federal act; or
(3) in the intelenet commission office of technology or state
library technology grant programs.
SOURCE: IC 20-10.1-25.6-3; (05)IN0606.1.28. -->
SECTION 28. IC 20-10.1-25.6-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. The intelenet
commission, office of technology, with the department of education
and the state library, shall coordinate available federal and state funds
and funding mechanisms to accomplish full access to
telecommunications services and equipment by all schools, libraries,
and rural health care providers as defined in:
(1) the federal Telecommunications Act of 1996 (P.L.104-104,
110 Stat. 56 (1996)) and regulations or orders issued under that
act; or
(2) any regulations or orders issued by the Indiana utility
regulatory commission in fulfillment of the state's obligations
under the act.
SOURCE: IC 20-12-12-1; (05)IN0606.1.29. -->
SECTION 29. IC 20-12-12-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1.
(a) As used in this
chapter, "electronic format" means a format using the most
appropriate technological medium.
(b) As used in this chapter, "chief information officer" means
the chief information officer of the office of technology established
by IC 4-13.1-2-1.
(a) (c) The trustees of Indiana University, the trustees of Purdue
University, the University of Southern Indiana board of trustees, Ball
State University board of trustees, Indiana State University board of
trustees, the board of trustees of Vincennes University, the board of
trustees of Ivy Tech State College, and the board of directors of the
independent colleges and universities of Indiana (referred to
collectively in this chapter as the universities) are authorized, if they
find the need exists for a broad dissemination of a wide variety of
educational communications for the improvements and the
advancement of higher educational opportunity, to jointly arrange from
time to time, for a period not exceeding ten (10) years, for intelenet
services under IC 5-21 services provided by the office of technology
and for the use of a multipurpose, multimedia, closed circuit, statewide
telecommunications system furnished by communications common
carriers subject to the jurisdiction of the utility regulatory commission
to interconnect the main campuses and the regional campuses of the
universities and centers of medical education and service.
(b) (d) In addition to the closed circuit statewide
telecommunications system described in subsection (a), (c), the
universities shall establish, in accordance with federal copyright law,
a videotape program programs in an electronic format to provide for
the advancement of higher education opportunity and individualized
access to higher education programs. As part of the program, the
universities may make available a wide variety of higher education
courses in videotape form. electronic format. The universities shall
make the videotapes information in an electronic format available to
the public by any means of public or private distribution that they
determine to be appropriate, including sale or lease. The universities
may determine policy and establish procedures in order to administer
this program. The universities shall maintain and keep current a listing
of all videotapes. information in an electronic format.
(c) (e) The transmission system shall be for the exclusive use of the
universities. However, the universities may permit the use of the
transmission system, or any portion part of the transmission system, by
others under section 4 of this chapter.
SOURCE: IC 20-12-12-2; (05)IN0606.1.30. -->
SECTION 30. IC 20-12-12-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. (a) The transmission
system described in section 1(a) section 1(c) of this chapter must be
designed to permit the installation of additional capacity and coverage
as accumulating communication needs of higher education may
require. The system must be capable of transmitting high fidelity
television signals, high fidelity sound signals, data signals for computer
communications, and voice traffic, and must include control circuits.
(b) The arrangements for the use of the system may be upon terms
and conditions as the universities determine are necessary, proper, or
desirable.
(c) No plan or arrangements for the use of the telecommunications
system may be adopted or entered into under this chapter without the
specific approval of the governor, the state budget committee, and the
state budget agency. office of technology.
SOURCE: IC 20-12-12-3; (05)IN0606.1.31. -->
SECTION 31. IC 20-12-12-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. (a) The universities
shall establish a coordinating unit or other body composed of persons
that the universities select. The chief information officer or the chief
information officer's designee shall be a member of any
coordinating unit created under this section. This committee or other
body has the authority to administer and supervise the use of the
transmission system and the videotape program information in
electronic format described in section 1 of this chapter as may be from
time to time delegated to it by the universities. The universities shall
have equal representation on the coordinating unit or body.
(b) There must also be an advisory council of representatives of
users of the transmission system, which must include the chief
information officer or the chief information officer's designee.
SOURCE: IC 20-12-12-4; (05)IN0606.1.32. -->
SECTION 32. IC 20-12-12-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 4. (a) Any
arrangements for the use of the telecommunications system or the
videotape program information in electronic format described in
section 1 of this chapter must provide that the universities, or any
committee or other body established under section 3 of this chapter (if
the power is so delegated to them), may permit any of the following
entities to use the telecommunications system or the
videotape program
information in electronic format for educational purposes:
(1) Institutions of higher education.
(2) Governmental or public corporations or bodies.
(3) Other corporations.
(4) Partnerships.
(5) Associations.
(6) Trusts.
(7) Limited liability companies.
(8) Other persons.
(b) Any use for any entity other than an entity in subsection
(a)(1) and (a)(2) may be permitted only if there is a finding by a
coordinating unit or body established under section 3 of this
chapter that determines that no other provider of the services is
available or that using another provider would create a hardship
on the user.
(b) (c) Any use permitted under this section is subject to the rules,
regulations, fees, and charges as the universities, committee, or other
body may prescribe.
(c) (d) Each entity that uses the transmission system is responsible
for the origination of the program to be transmitted by that entity and
for the reception and utilization of the program at the destination.
(d) (e) The payment of all costs in excess of the cost of the use of
the transmission system facilities and the videotape program
information in electronic format shall be borne by the parties using
the system as agreed upon.
SOURCE: IC 20-12-12-5; (05)IN0606.1.33. -->
SECTION 33. IC 20-12-12-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 5. (a) In connection
with the use of the telecommunications system, the videotape program
information in electronic format described in section 1 of this
chapter, or any other related matter, the universities may accept gifts
or contributions from individuals, corporations, limited liability
companies, partnerships, associations, trusts, or foundations and may
accept funds under terms and conditions that the universities determine
are necessary or desirable from any federal agency.
(b) The universities may enter into and carry out contracts and
agreements in connection with this chapter. All contracts and
agreements entered into must be approved by the coordinating unit
established by section 3(a) of this chapter.
SOURCE: IC 20-12-12-6; (05)IN0606.1.34. -->
SECTION 34. IC 20-12-12-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 6. (a) A special and
distinct fund is hereby created to be known as the higher education
statewide telecommunications fund. Expenditures from the fund may
be made only for the following:
(1) Payments by the universities for the use of a
telecommunications system or the lease, purchase, rental, or
production of
a videotape program information in an electronic
format as provided in this chapter.
(2) Studies regarding the possibilities of extending the use of the
telecommunications system described in
section 1(a) section 1(c)
of this chapter to other colleges and universities in Indiana and of
extending the use of the system for post-high school and other
educational uses.
(3) The expenses of coordinating, planning, and supervising the
use of the telecommunications system, and the
videotape
program. information in electronic format.
(4) Equipment for the originating and receiving of instructional
communication and educational information by means of the
telecommunications system and the
videotape program.
information in electronic format.
(b) The state auditor shall pay, as needed, from the fund amounts to
the trustees of Indiana University as agent for the universities. The
trustees of Indiana University as the agent shall apply the funds to the
payment of items as payment becomes due from the higher education
statewide telecommunications fund.
SOURCE: IC 22-4-19-6.5; (05)IN0606.1.35. -->
SECTION 35. IC 22-4-19-6.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 6.5. (a) The department
may make available through the enhanced electronic access system
established by the
intelenet commission under IC 5-21 office of
technology secure electronic access for creditors to employer provided
information on the amount of wages paid by an employer to an
employee.
(b) The enhanced electronic access system established by the
intelenet commission under IC 5-21 office of technology may enter
into a contract with one (1) or more private entities to allow private
entities to provide secure electronic access to employer provided
information held by the department on the amount of wages paid by an
employer to an employee.
(c) A creditor may obtain wage report information from a private
entity if the creditor first obtains written consent from the employee
whose information the creditor seeks to obtain. A creditor that has
entered into a contract with the enhanced electronic access system must
retain a written consent received under this section for at least three (3)
years or for the length of the loan if the loan is for less than three (3)
years.
(d) Written consent from the employee must include the following:
(1) A statement that the written consent is the authorization for
the creditor to obtain information on the employee's employment
and wage history.
(2) A statement that the information is obtained solely for the
purpose of reviewing a specific application for credit.
(3) Notification that state agency files containing employment and
wage history will be accessed to provide the information.
(4) A listing of all parties that will receive the information
obtained.
(e) Information under this section may only be released to a creditor
for the purpose of satisfying the standard underwriting requirements of
the creditor or a client of the creditor for one (1) credit transaction per
employee written consent.
(f) The costs of implementing and administering the release of
information must be paid by the private entity or entities that contract
with the enhanced electronic access system established by the intelenet
commission under IC 5-21. office of technology.
(g) For employee information under this section, a private entity that
enters a contract with the enhanced electronic access system
established by the intelenet commission under IC 5-21 office of
technology for release of employee information must comply with:
(1) the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.);
(2) all state and federal privacy laws; and
(3) the rules regarding the release of information adopted by the
United States Department of Labor.
(h) A private entity that has entered into a contract with the
enhanced electronic access system under subsection (b) must maintain
a consent verification system that audits at least five percent (5%) of
daily transactions and must maintain a file of audit procedures and
results.
(i) A person who violates this section commits a Class A infraction.
SOURCE: IC 25-1-5-10; (05)IN0606.1.36. -->
SECTION 36. IC 25-1-5-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 10. (a) As used in this
section, "provider" means an individual licensed, certified, registered,
or permitted by any of the following:
(1) Board of chiropractic examiners (IC 25-10-1).
(2) State board of dentistry (IC 25-14-1).
(3) Indiana state board of health facility administrators
(IC 25-19-1).
(4) Medical licensing board of Indiana (IC 25-22.5-2).
(5) Indiana state board of nursing (IC 25-23-1).
(6) Indiana optometry board (IC 25-24).
(7) Indiana board of pharmacy (IC 25-26).
(8) Board of podiatric medicine (IC 25-29-2-1).
(9) Board of environmental health specialists (IC 25-32-1).
(10) Speech-language pathology and audiology board
(IC 25-35.6-2).
(11) State psychology board (IC 25-33).
(12) Indiana board of veterinary medical examiners (IC 15-5-1.1).
(13) Indiana physical therapy committee (IC 25-27).
(14) Respiratory care committee (IC 25-34.5).
(15) Occupational therapy committee (IC 25-23.5).
(16) Social worker, marriage and family therapist, and mental
health counselor board (IC 25-23.6).
(17) Physician assistant committee (IC 25-27.5).
(18) Indiana athletic trainers board (IC 25-5.1-2-1).
(19) Indiana dietitians certification board (IC 25-14.5-2-1).
(20) Indiana hypnotist committee (IC 25-20.5-1-7).
(b) The bureau shall create and maintain a provider profile for each
provider described in subsection (a).
(c) A provider profile must contain the following information:
(1) The provider's name.
(2) The provider's license, certification, registration, or permit
number.
(3) The provider's license, certification, registration, or permit
type.
(4) The date the provider's license, certification, registration, or
permit was issued.
(5) The date the provider's license, certification, registration, or
permit expires.
(6) The current status of the provider's license, certification,
registration, or permit.
(7) The provider's city and state of record.
(8) A statement of any disciplinary action taken against the
provider within the previous ten (10) years by a board or
committee described in subsection (a).
(d) The bureau shall make provider profiles available to the public.
(e) The computer gateway administered by the intelenet commission
under IC 5-21-2 and known as AccessIndiana office of technology
shall make the information described in subsection (c)(1), (c)(2), (c)(3),
(c)(6), (c)(7), and (c)(8) generally available to the public on the
Internet.
(f) The bureau may adopt rules under IC 4-22-2 to implement this
section.
SOURCE: IC 34-30-2-16; (05)IN0606.1.37. -->
SECTION 37. IC 34-30-2-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 16. IC 5-21-4-6
(Concerning the state for violation of the law governing the Intelenet
commission). office of technology).
SOURCE: IC 4-23-16; IC 5-21; IC 5-22-2-7; IC 5-22-2-13.9.
; (05)IN0606.1.38. -->
SECTION 38. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2005]: IC 4-23-16; IC 5-21; IC 5-22-2-7; IC 5-22-2-13.9.
SOURCE: ; (05)IN0606.1.39. -->
SECTION 39. [EFFECTIVE JULY 1, 2005]
(a) After June 30,
2005, a reference in any law, rule, contract, or other document or
record to:
(1) the division of information technology of the department
of administration;
(2) the technology oversight commission; or
(3) the intelenet commission;
shall be treated as a reference to the office of technology
established by IC 4-13.1-2-1, as added by this act.
(b) On July 1, 2005, the property and obligations of:
(1) the division of information technology of the department
of administration;
(2) the technology oversight commission; or
(3) the intelenet commission;
are transferred to the office of technology established by
IC 4-13.1-2-1, as added by this act.
(c) An action taken by:
(1) the division of information technology of the department
of administration;
(2) the technology oversight commission; or
(3) the intelenet commission;
before July 1, 2005, shall be treated after June 30, 2005, as if the
action had been taken originally by the office of technology
established by IC 4-13.1-2-1, as added by this act.
(d) On July 1, 2005, the funds that are in:
(1) the telephone rotary fund;
(2) the data processing rotary fund; and
(3) any accounts of the intelenet commission;
shall be transferred to the telephone rotary fund and the data
processing rotary fund as administered by the office of technology
under IC 4-13.1-2, as added by this act.
(e) On July 1, 2005, individuals who were employees of:
(1) the division of information technology of the department
of administration;
(2) the technology oversight commission; or
(3) the intelenet commission;
on June 30, 2005, become employees of the office of technology
established by IC 4-13.1-2-1, as added by this act.
(f) This SECTION expires July 1, 2006.