First Regular Session 115th General Assembly (2007)
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,
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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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
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between statutes enacted by the 2006 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1084
AN ACT to amend the Indiana Code concerning general provisions.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 3-7-38.2-2; (07)HE1084.1.1. -->
SECTION 1. IC 3-7-38.2-2, AS AMENDED BY P.L.164-2006,
SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. (a) A voter list maintenance program
conducted under this chapter must:
(1) be uniform, nondiscriminatory, and in compliance with the
Voting Rights Act of 1965 (42 U.S.C. 1973);
(2) not result in the removal of the name of a person from the
official list of votes voters solely due to the person's failure to
vote; and
(3) be completed not later than ninety (90) days before a primary,
general, or municipal election.
(b) A county voter registration office may conduct a voter list
maintenance program that complies with subsection (a). In conducting
a voter list maintenance program, the county voter registration office
shall mail a notice described in subsection (d) to each registered voter
at the residence address:
(1) listed in the voter's registration record; and
(2) determined by the county voter registration office not to be the
voter's current residence address.
(c) A county voter registration office may use information only from
the following sources to make the determination under subsection
(b)(2):
(1) The United States Postal Service National Change of Address
Service.
(2) A court regarding jury duty notices.
(3) The return of a mailing sent by the county voter registration
office to all voters in the county.
(4) The bureau of motor vehicles concerning the surrender of a
voter's Indiana license for the operation of a motor vehicle to
another jurisdiction.
(d) The notice described in subsection (b) must:
(1) be sent by first class United States mail, postage prepaid, by
a method that requires the notice to be forwarded to the voter; and
(2) include a postage prepaid return card that:
(A) is addressed to the county voter registration office;
(B) states a date by which the card must be returned or the
voter's registration will become inactive until the information
is provided to the county voter registration office; and
(C) permits the voter to provide the voter's current residence
address.
(e) If a voter returns the card described in subsection (d)(2) and
provides a current residence address that establishes that the voter
resides:
(1) in the county, the county voter registration office shall update
the voter's registration record; or
(2) outside the county, the county voter registration office shall
cancel the voter's registration.
(f) If a voter does not return the card described in subsection (d)(2)
by the date specified in subsection (d)(2)(B), the county voter
registration office shall indicate in the voter's registration record that
the voter's registration is inactive.
(g) A voter's registration that becomes inactive under subsection (f)
remains in inactive status from the date described in subsection
(d)(2)(B) until the earlier of the following:
(1) The date the county voter registration office updates or
cancels the voter's registration under subsection (e) after the voter
provides a current residence address.
(2) The day after the second general election in which the voter
has not voted or appeared to vote.
(h) After the date described in subsection (g)(2), the county voter
registration office shall remove the voter's registration from the voter
registration records.
SOURCE: IC 4-1-8-1; (07)HE1084.1.2. -->
SECTION 2. IC 4-1-8-1, AS AMENDED BY P.L.141-2006,
SECTION 3, AND AS AMENDED BY P.L.157-2006, SECTION 1, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 1. (a) No individual may be
compelled by any state agency, board, commission, department,
bureau, or other entity of state government (referred to as "state
agency" in this chapter) to provide the individual's Social Security
number to the state agency against the individual's will, absent federal
requirements to the contrary. However, the provisions of this chapter
do not apply to the following:
(1) Department of state revenue.
(2) Department of workforce development.
(3) The programs administered by:
(A) the division of family and children; resources;
(B) the division of mental health and addiction;
(C) the division of disability aging, and rehabilitative services;
and
(D) the division of aging; and
(D) (E) the office of Medicaid policy and planning;
of the office of the secretary of family and social services.
(4) Auditor of state.
(5) State personnel department.
(6) Secretary of state, with respect to the registration of
broker-dealers, agents, and investment advisors.
(7) The legislative ethics commission, with respect to the
registration of lobbyists.
(8) Indiana department of administration, with respect to bidders
on contracts.
(9) Indiana department of transportation, with respect to bidders
on contracts.
(10) Indiana professional licensing agency.
(11) Department of insurance, with respect to licensing of
insurance producers.
(12) The department of child services.
(12) (13) A pension fund administered by the board of trustees of
the public employees' retirement fund.
(13) (14) The Indiana state teachers' retirement fund.
(14) (15) The state police benefit system.
(15) (16) The alcohol and tobacco commission.
(17) The state department of health, for purposes of licensing
radiologic technologists under IC 16-41-35-29(c).
(b) The bureau of motor vehicles may, notwithstanding this chapter,
require the following:
(1) That an individual include the individual's Social Security
number in an application for an official certificate of title for any
vehicle required to be titled under IC 9-17.
(2) That an individual include the individual's Social Security
number on an application for registration.
(3) That a corporation, limited liability company, firm,
partnership, or other business entity include its federal tax
identification number on an application for registration.
(c) The Indiana department of administration, the Indiana
department of transportation, and the Indiana professional licensing
agency may require an employer to provide its federal employer
identification number.
(d) The department of correction may require a committed offender
to provide the offender's Social Security number for purposes of
matching data with the Social Security Administration to determine
benefit eligibility.
(e) The Indiana gaming commission may, notwithstanding this
chapter, require the following:
(1) That an individual include the individual's Social Security
number in any application for a riverboat owner's license,
supplier's license, or occupational license.
(2) That a sole proprietorship, a partnership, an association, a
fiduciary, a corporation, a limited liability company, or any other
business entity include its federal tax identification number on an
application for a riverboat owner's license or supplier's license.
(f) Notwithstanding this chapter, the department of education
established by IC 20-19-3-1 may require an individual who applies to
the department for a license or an endorsement to provide the
individual's Social Security number. The Social Security number may
be used by the department only for conducting a background
investigation, if the department is authorized by statute to conduct a
background investigation of an individual for issuance of the license or
endorsement.
SOURCE: IC 4-2-6-11; (07)HE1084.1.3. -->
SECTION 3. IC 4-2-6-11, AS AMENDED BY P.L.89-2006,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 11. (a) As used in this section, "particular
matter" means:
(1) an application;
(2) a business transaction;
(3) a claim;
(4) a contract;
(5) a determination;
(6) an enforcement proceeding;
(7) an investigation;
(8) a judicial proceeding;
(9) a lawsuit;
(10) a license;
(11) an economic development project; or
(12) a public works project.
The term does not include the proposal or consideration of a legislative
matter or the proposal, consideration, adoption, or implementation of
a rule or an administrative policy or practice of general application.
(b) This subsection applies only to a person who served as a state
officer, employee, or special state appointee after January 10, 2005. A
former state officer, employee, or special state appointee may not
accept employment or receive compensation:
(1) as a lobbyist;
(2) from an employer if the former state officer, employee, or
special state appointee was:
(A) engaged in the negotiation or the administration of one (1)
or more contracts with that employer on behalf of the state or
an agency; and
(B) in a position to make a discretionary decision affecting the:
(i) outcome of the negotiation; or
(ii) nature of the administration; or
(3) from an employer if the former state officer, employee, or
special state appointee made a regulatory or licensing decision
that directly applied to the employer or to a parent or subsidiary
of the employer;
before the elapse of at least three hundred sixty-five (365) days after
the date on which the former state officer, employee, or special state
appointee ceases to be a state officer, employee, or special state
appointee.
(c) A former state officer, employee, or special state appointee may
not represent or assist a person in a particular matter involving the state
if the former state officer, employee, or special state appointee
personally and substantially participated in the matter as a state officer,
employee, or special state appointee, even if the former state officer,
employee, or special state appointee receives no compensation for the
representation or assistance.
(d) A former state officer, employee, or special state appointee may
not accept employment or compensation from an employer if the
circumstances surrounding the employment or compensation would
lead a reasonable person to believe that:
(1) employment; or
(2) compensation;
is given or had been offered for the purpose of influencing the former
state officer, employee, or special state appointee in the performance
of his or her duties or responsibilities while a state officer, an
employee, or a special state appointee.
(e) A written advisory opinion issued by the commission certifying
that:
(1) employment of;
(2) representation by; or
(3) assistance from;
the former state officer, employee, or special state appointee does not
violate this section is conclusive proof that a former state officer,
employee, or special state appointee is not in violation of this section.
(f) Subsection (b) does not apply to a special state appointee who
serves only as a member of an advisory body.
(g) An employee's or a special state appointee's state officer or
appointing authority may waive application of subsection (b) or (c) in
individual cases when consistent with the public interest. Waivers must
be in writing and filed with the commission. The inspector general may
adopt rules under IC 4-22-2 to establish criteria for post employment
waivers.
(h) Subsection (b) does not apply to a special state appointee who:
(1) was a special state appointee before January 10, 2005; and
(2) is a special state appointee after January 9, 2005.
This subsection expires January 1, 2007.
SOURCE: IC 4-2-7-3; (07)HE1084.1.4. -->
SECTION 4. IC 4-2-7-3, AS AMENDED BY P.L.89-2006,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. The inspector general shall do the
following:
(1) Initiate, supervise, and coordinate investigations.
(2) Recommend policies and carry out other activities designed to
deter, detect, and eradicate fraud, waste, abuse, mismanagement,
and misconduct in state government.
(3) Receive complaints alleging the following:
(A) A violation of the code of ethics.
(B) Bribery (IC 35-44-1-1).
(C) Official misconduct (IC 35-44-1-2).
(D) Conflict of interest (IC 35-44-1-3).
(E) Profiteering from public service (IC 35-44-1-7).
(F) A violation of the executive branch lobbying rules.
(G) A violation of a statute or rule relating to the purchase of
goods or services by a current or former employee, state
officer, special state appointee, lobbyist, or person who has a
business relationship with an agency.
(4) If the inspector general has reasonable cause to believe that a
crime has occurred or is occurring, report the suspected crime to:
(A) the governor; and
(B) appropriate state or federal law enforcement agencies and
prosecuting authorities having jurisdiction over the matter.
(5) Adopt rules under IC 4-22-2 to implement IC 4-2-6 and this
chapter.
(6) Adopt rules under IC 4-22-2 and section 5 of this chapter to
implement a code of ethics.
(7) Ensure that every:
(A) employee;
(B) state officer;
(C) special state appointee; and
(D) person who has a business relationship with an agency;
is properly trained in the code of ethics.
(8) Provide advice to an agency on developing, implementing,
and enforcing policies and procedures to prevent or reduce the
risk of fraudulent or wrongful acts within the agency.
(9) Recommend legislation to the governor and general assembly
to strengthen public integrity laws, including the code of ethics
for state officers, employees, special state appointees, and persons
who have a business relationship with an agency, including
whether additional specific state officers, employees, or special
state appointees should be required to file a financial disclosure
statement under IC 4-2-6-8.
(10) Annually submit a report to the legislative council detailing
the inspector general's activities. The report must be in an
electronic format under IC 5-14-6.
(11) Prescribe and provide forms for statements required to be
filed under IC 4-2-6 or this chapter.
(12) Accept and file information that:
(A) is voluntarily supplied; and
(B) that exceeds the requirements of this chapter.
(13) Inspect financial disclosure forms.
(14) Notify persons who fail to file forms required under IC 4-2-6
or this chapter.
(15) Develop a filing, a coding, and an indexing system required
by IC 4-2-6 and IC 35-44-1-3.
(16) Prepare interpretive and educational materials and programs.
SOURCE: IC 4-4-10.9-1; (07)HE1084.1.5. -->
SECTION 5. IC 4-4-10.9-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. The definitions
in this chapter apply throughout this chapter and IC 4-4-11. and
IC 4-4-31.
SOURCE: IC 4-4-10.9-1.2; (07)HE1084.1.6. -->
SECTION 6. IC 4-4-10.9-1.2, AS AMENDED BY P.L.47-2006,
SECTION 1, AND AS AMENDED BY P.L.1-2006, SECTION 26, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 1.2. "Affected statutes" means
all statutes that grant a power to or impose a duty on the authority,
including but not limited to IC 4-4-11, IC 4-4-11.4, IC 4-4-21,
IC 4-13.5, IC 8-1-33, IC 8-9.5, IC 8-14.5, IC 8-15, IC 8-15.5, IC 8-16,
IC 13-18-13, IC 13-18-21, IC 13-19-5, IC 14-14, and IC 15-7-5.
SOURCE: IC 4-4-10.9-6.1; (07)HE1084.1.7. -->
SECTION 7. IC 4-4-10.9-6.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 6.1. "Distressed
area" means a county in which:
(1) the average annualized unemployment rate in each of the two
(2) calendar years immediately preceding the current calendar
year exceeded the statewide average annualized unemployment
rate for each of the same calendar years by at least two percent
(2%); or
(2) the average annualized unemployment rate in the immediately
preceding calendar year was at least double the statewide average
annualized unemployment rate for the same period;
as determined by the department of workforce development. and
published in the report required by IC 4-4-31-1.
SOURCE: IC 4-4-11.4-18; (07)HE1084.1.8. -->
SECTION 8. IC 4-4-11.4-18, AS ADDED BY P.L.232-2005,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 18. (a) In order to assure the payment of debt
service on bonds of the authority issued under this chapter or
maintenance of the required debt service reserve in any reserve fund,
the general assembly may annually or biannually appropriate to the
authority for deposit in one (1) or more of the funds the sum, certified
by the chairman of the authority to the general assembly, that is
necessary to pay the debt service on the bonds or to restore one (1) or
more of the funds to an amount equal to the required debt service
reserve. The chairman annually, before December 1, shall make and
deliver to the general assembly the chairman's certificate stating the
sum required to pay debt service on the bonds or to restore one (1) or
more of the funds to an amount equal to the required debt service
reserve. This subsection does not create a debt or liability of the state
to make any appropriation.
(b) All amounts received on account of money appropriated by the
state to any fund shall be held and applied in accordance with section
15(b) of this chapter. However, at the end of each fiscal year, if the
amount in any fund exceeds the debt service or required debt service
reserve, any amount representing earnings or income received on
account of any money appropriated to the funds that exceeds the
expenses of the authority for that fiscal year may be transferred to the
Indiana twenty-first century research and technology fund established
by IC 4-4-5.1-3. IC 5-28-16-2.
SOURCE: IC 4-4-28-11; (07)HE1084.1.9. -->
SECTION 9. IC 4-4-28-11, AS AMENDED BY P.L.1-2006,
SECTION 52, AND AS AMENDED BY P.L.181-2006, SECTION 7,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 11. (a) Each community
development corporation shall annually provide the Indiana housing
and community development authority with information needed to
determine:
(1) the number of accounts administered by the community
development corporation;
(2) the length of time each account under subdivision (1) has been
established; and
(3) the amount of money an individual has deposited into each
account under subdivision (1) during the preceding twelve (12)
months.
(b) The Indiana housing and community development authority
shall use the information provided under subsection (a) to deposit the
correct amount of money into each account as provided in section 12
of this chapter.
SOURCE: IC 4-4-28-12; (07)HE1084.1.10. -->
SECTION 10. IC 4-4-28-12, AS AMENDED BY P.L.1-2006,
SECTION 53, AND AS AMENDED BY P.L.181-2006, SECTION 8,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 12. (a) The
Indiana housing
and community development authority shall allocate, for each account
that has been established after June 30, 2001, for not more than four (4)
years, including any time in which an individual held an individual
development account under this chapter before July 1, 2001, three
dollars ($3) for each one dollar ($1) an individual deposited into the
individual's account during the preceding twelve (12) months.
However, the authority's allocation under this subsection may not
exceed nine hundred dollars ($900) for each account described in this
subsection.
(b) Not later than June 30 of each year, the
Indiana housing and
community development authority shall deposit into each account
established under this chapter the appropriate amount of money
determined under this section. However, if the individual deposits the
maximum amount allowed under this chapter on or before December
31 of each year, the individual may request in writing that the authority
allocate and deposit the matched funds under subsection (a) into the
individual's account not later than forty-five (45) days after the
authority receives the written request.
(c) Money from a federal block grant program under Title IV-A of
the federal Social Security Act may be used by the state to provide
money under this section for deposit into an account held by an
individual who receives assistance under IC 12-14-2.
SOURCE: IC 4-4-28-15; (07)HE1084.1.11. -->
SECTION 11. IC 4-4-28-15, AS AMENDED BY P.L.1-2006,
SECTION 54, AND AS AMENDED BY P.L.181-2006, SECTION 9,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 15. (a) An individual must
request and receive authorization from the community development
corporation that administers the individual's account before
withdrawing money from the account for any purpose.
(b) An individual who is denied authorization to withdraw money
under subsection (a) may appeal the community development
corporation's decision to the Indiana housing and community
development authority under rules adopted by the authority under
IC 4-22-2.
SOURCE: IC 4-4-28-18; (07)HE1084.1.12. -->
SECTION 12. IC 4-4-28-18, AS AMENDED BY P.L.1-2006,
SECTION 55, AND AS AMENDED BY P.L.181-2006, SECTION 10,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 18. (a) Each community
development corporation shall annually:
(1) evaluate the individual development accounts administered by
the community development corporation; and
(2) submit a report containing the evaluation information to the
Indiana housing and community development authority.
(b) Two (2) or more community development corporations may
work together in carrying out the purposes of this chapter.
SOURCE: IC 4-4-28-21; (07)HE1084.1.13. -->
SECTION 13. IC 4-4-28-21, AS AMENDED BY P.L.1-2006,
SECTION 56, AND AS AMENDED BY P.L.181-2006, SECTION 11,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 21. The Indiana housing and
community development authority may adopt rules under IC 4-22-2 to
implement this chapter.
SOURCE: IC 4-6-12-4; (07)HE1084.1.14. -->
SECTION 14. IC 4-6-12-4, AS AMENDED BY P.L.1-2006,
SECTION 59, AND AS AMENDED BY P.L.181-2006, SECTION 13,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 4. (a) The following may
cooperate with the unit to implement this chapter:
(1) The Indiana professional licensing agency and the appropriate
licensing boards with respect to persons licensed under IC 25.
(2) The department of financial institutions.
(3) The department of insurance with respect to the sale of
insurance in connection with mortgage lending.
(4) The securities division of the office of the secretary of state.
(5) The supreme court disciplinary commission with respect to
attorney misconduct.
(6) The Indiana housing and community development authority.
(7) The department of state revenue.
(8) The state police department.
(9) A prosecuting attorney.
(10) Local law enforcement agencies.
(11) The lieutenant governor. department of commerce.
(b) Notwithstanding IC 5-14-3, the entities listed in subsection (a)
may share information with the unit.
SOURCE: IC 4-15-2-3.8; (07)HE1084.1.15. -->
SECTION 15. IC 4-15-2-3.8, AS AMENDED BY P.L.141-2006,
SECTION 4, AND AS AMENDED BY P.L.145-2006, SECTION 5, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 3.8. "State service" means
public service by:
(1) employees and officers, including the incumbent directors, of
the county offices of family and children; and
(2) employees and officers, except members of boards and
commissions or individuals hired for or appointed to, after June
30, 1982, positions as appointing authorities, deputies, assistants
reporting to appointing authorities, or supervisors of major units
within state agencies, irrespective of the title carried by those
positions, of the division of disability
aging, and rehabilitative
services,
division of aging, Fort Wayne State Developmental
Center,
Muscatatuck State Developmental Center, division of
mental health and addiction, Larue D. Carter Memorial Hospital,
Evansville State Psychiatric Treatment Center for Children,
Evansville State Hospital, Logansport State Hospital, Madison
State Hospital, Richmond State Hospital, state department of
health, Indiana School for the Blind and Visually Impaired,
Indiana School for the Deaf, Indiana Veterans' Home, Indiana
Soldiers' and Sailors' Children's Home, Silvercrest Children's
Development Center, department of correction, Westville
Correctional Facility, Plainfield Juvenile Correctional Facility,
Putnamville Correctional Facility, Indianapolis Juvenile
Correctional Facility, Indiana State Prison, Indiana Women's
Prison, Pendleton Correctional Facility, Reception and Diagnostic
Center, Rockville Correctional Facility, Youth Rehabilitation
Facility, Plainfield Correctional Facility, department of homeland
security (excluding a county emergency management organization
and any other local emergency management organization created
under IC 10-14-3), civil rights commission, criminal justice
planning agency, department of workforce development, Indiana
historical bureau, Indiana state library, division of family and
children, resources, department of child services, Indiana state
board of animal health, Federal Surplus Property Warehouse,
Indiana education employment relations board, department of
labor, Indiana protection and advocacy services commission,
commission on public records, Indiana horse racing commission,
and state personnel department.
SOURCE: IC 4-21.5-2-5; (07)HE1084.1.16. -->
SECTION 16. IC 4-21.5-2-5, AS AMENDED BY P.L.161-2006,
SECTION 1, AND AS AMENDED BY P.L.100-2006, SECTION 1, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 5. This article does not apply
to the following agency actions:
(1) The issuance of a warrant or jeopardy warrant for the
collection of taxes.
(2) A determination of probable cause or no probable cause by the
civil rights commission.
(3) A determination in a factfinding conference of the civil rights
commission.
(4) A personnel action, except review of a personnel action by the
state employees appeals commission under IC 4-15-2 or a
personnel action that is not covered by IC 4-15-2 but may be
taken only for cause.
(5) A resolution, directive, or other action of any agency that
relates solely to the internal policy, organization, or procedure of
that agency or another agency and is not a licensing or
enforcement action. Actions to which this exemption applies
include the statutory obligations of an agency to approve or ratify
an action of another agency.
(6) An agency action related to an offender within the jurisdiction
of the department of correction.
(7) A decision of the Indiana economic development corporation,
the office of tourism development, the department of
environmental management, the tourist information and grant
fund review committee (before the repeal of the statute that
created the tourist information and grant fund review committee),
the Indiana finance authority, the corporation for innovation
development, or the lieutenant governor that concerns a grant,
loan, bond, tax incentive, or financial guarantee.
(8) A decision to issue or not issue a complaint, summons, or
similar accusation.
(9) A decision to initiate or not initiate an inspection,
investigation, or other similar inquiry that will be conducted by
the agency, another agency, a political subdivision, including a
prosecuting attorney, a court, or another person.
(10) A decision concerning the conduct of an inspection,
investigation, or other similar inquiry by an agency.
(11) The acquisition, leasing, or disposition of property or
procurement of goods or services by contract.
(12) Determinations of the department of workforce development
under IC 22-4-18-1(g)(1) IC 22-4-40, or IC 22-4-41.
(13) A decision under IC 9-30-12 of the bureau of motor vehicles
to suspend or revoke a driver's license, a driver's permit, a vehicle
title, or a vehicle registration of an individual who presents a
dishonored check.
(14) An action of the department of financial institutions under
IC 28-1-3.1 or a decision of the department of financial
institutions to act under IC 28-1-3.1.
(15) A determination by the NVRA official under IC 3-7-11
concerning an alleged violation of the National Voter Registration
Act of 1993 (42 U.S.C. 1973gg) or IC 3-7.
(16) Imposition of a civil penalty under IC 4-20.5-6-8 if the rules
of the Indiana department of administration provide an
administrative appeals process.
(17) A determination of status as a member of or participant in an
environmental performance based program developed and
implemented under IC 13-27-8.
SOURCE: IC 4-22-2-37.1; (07)HE1084.1.17. -->
SECTION 17. IC 4-22-2-37.1, AS AMENDED BY P.L.47-2006,
SECTION 2, AND AS AMENDED BY P.L.91-2006, SECTION 2,
AND AS AMENDED BY P.L.123-2006, SECTION 12, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 37.1. (a) This section applies
to a rulemaking action resulting in any of the following rules:
(1) An order adopted by the commissioner of the Indiana
department of transportation under IC 9-20-1-3(d) or
IC 9-21-4-7(a) and designated by the commissioner as an
emergency rule.
(2) An action taken by the director of the department of natural
resources under IC 14-22-2-6(d) or IC 14-22-6-13.
(3) An emergency temporary standard adopted by the
occupational safety standards commission under
IC 22-8-1.1-16.1.
(4) An emergency rule adopted by the solid waste management
board under IC 13-22-2-3 and classifying a waste as hazardous.
(5) A rule, other than a rule described in subdivision (6), adopted
by the department of financial institutions under IC 24-4.5-6-107
and declared necessary to meet an emergency.
(6) A rule required under IC 24-4.5-1-106 that is adopted by the
department of financial institutions and declared necessary to
meet an emergency under IC 24-4.5-6-107.
(7) A rule adopted by the Indiana utility regulatory commission to
address an emergency under IC 8-1-2-113.
(8) An emergency rule adopted by the state lottery commission
under IC 4-30-3-9.
(9) A rule adopted under IC 16-19-3-5 that the executive board of
the state department of health declares is necessary to meet an
emergency.
(10) An emergency rule adopted by the Indiana finance authority
under IC 8-21-12.
(11) An emergency rule adopted by the insurance commissioner
under IC 27-1-23-7.
(12) An emergency rule adopted by the Indiana horse racing
commission under IC 4-31-3-9.
(13) An emergency rule adopted by the air pollution control
board, the solid waste management board, or the water pollution
control board under IC 13-15-4-10(4) or to comply with a
deadline required by federal law, provided:
(A) the variance procedures are included in the rules; and
(B) permits or licenses granted during the period the
emergency rule is in effect are reviewed after the emergency
rule expires.
(14) An emergency rule adopted by the Indiana election
commission under IC 3-6-4.1-14.
(15) An emergency rule adopted by the department of natural
resources under IC 14-10-2-5.
(16) An emergency rule adopted by the Indiana gaming
commission under
IC 4-32.2-3-3(b), IC 4-33-4-2, IC 4-33-4-3, or
IC 4-33-4-14.
(17) An emergency rule adopted by the alcohol and tobacco
commission under IC 7.1-3-17.5, IC 7.1-3-17.7, or
IC 7.1-3-20-24.4.
(18) An emergency rule adopted by the department of financial
institutions under IC 28-15-11.
(19) An emergency rule adopted by the office of the secretary of
family and social services under IC 12-8-1-12.
(20) An emergency rule adopted by the office of the children's
health insurance program under IC 12-17.6-2-11.
(21) An emergency rule adopted by the office of Medicaid policy
and planning under IC 12-15-41-15.
(22) An emergency rule adopted by the Indiana state board of
animal health under IC 15-2.1-18-21.
(23) An emergency rule adopted by the board of directors of the
Indiana education savings authority under IC 21-9-4-7.
(24) An emergency rule adopted by the Indiana board of tax
review under IC 6-1.1-4-34 (repealed).
(25) An emergency rule adopted by the department of local
government finance under IC 6-1.1-4-33 (repealed).
(26) An emergency rule adopted by the boiler and pressure vessel
rules board under IC 22-13-2-8(c).
(27) An emergency rule adopted by the Indiana board of tax
review under IC 6-1.1-4-37(l) (repealed) or an emergency rule
adopted by the department of local government finance under
IC 6-1.1-4-36(j) (repealed) or IC 6-1.1-22.5-20.
(28) An emergency rule adopted by the board of the Indiana
economic development corporation under IC 5-28-5-8.
(29) A rule adopted by the department of financial institutions
under IC 34-55-10-2.5.
(30) A rule adopted by the Indiana finance authority:
(A) under IC 8-15.5-7 approving user fees (as defined in
IC 8-15.5-2-10) provided for in a public-private agreement
under IC 8-15.5;
(B) under IC 8-15-2-17.2(a)(10):
(i) establishing enforcement procedures; and
(ii) making assessments for failure to pay required tolls;
(C) under IC 8-15-2-14(a)(3) authorizing the use of and
establishing procedures for the implementation of the
collection of user fees by electronic or other nonmanual
means; or
(D) to make other changes to existing rules related to a toll
road project to accommodate the provisions of a
public-private agreement under IC 8-15.5.
(b) The following do not apply to rules described in subsection (a):
(1) Sections 24 through 36 of this chapter.
(2) IC 13-14-9.
(c) After a rule described in subsection (a) has been adopted by the
agency, the agency shall submit the rule to the publisher for the
assignment of a document control number. The agency shall submit the
rule in the form required by section 20 of this chapter and with the
documents required by section 21 of this chapter. The publisher shall
determine the
number of copies format of the rule and other documents
to be submitted under this subsection.
(d) After the document control number has been assigned, the
agency shall submit the rule to the
secretary of state publisher for
filing. The agency shall submit the rule in the form required by section
20 of this chapter and with the documents required by section 21 of this
chapter. The
secretary of state publisher shall determine the
number
of copies format of the rule and other documents to be submitted under
this subsection.
(e) Subject to section 39 of this chapter, the
secretary of state
publisher shall:
(1) accept the rule for filing; and
(2)
file stamp and indicate electronically record the date and time
that the rule is accepted.
on every duplicate original copy
submitted.
(f) A rule described in subsection (a) takes effect on the latest of the
following dates:
(1) The effective date of the statute delegating authority to the
agency to adopt the rule.
(2) The date and time that the rule is accepted for filing under
subsection (e).
(3) The effective date stated by the adopting agency in the rule.
(4) The date of compliance with every requirement established by
law as a prerequisite to the adoption or effectiveness of the rule.
(g) Subject to subsection (h), IC 14-10-2-5, IC 14-22-2-6,
IC 22-8-1.1-16.1, and IC 22-13-2-8(c), and except as provided in
subsections (j),
and (k),
and (l), a rule adopted under this section
expires not later than ninety (90) days after the rule is accepted for
filing under subsection (e). Except for a rule adopted under subsection
(a)(13), (a)(24), (a)(25), or (a)(27), the rule may be extended by
adopting another rule under this section, but only for one (1) extension
period. The extension period for a rule adopted under subsection
(a)(28) may not exceed the period for which the original rule was in
effect. A rule adopted under subsection (a)(13) may be extended for
two (2) extension periods. Subject to subsection (j), a rule adopted
under subsection (a)(24), (a)(25), or (a)(27) may be extended for an
unlimited number of extension periods. Except for a rule adopted under
subsection (a)(13), for a rule adopted under this section to be effective
after one (1) extension period, the rule must be adopted under:
(1) sections 24 through 36 of this chapter; or
(2) IC 13-14-9;
as applicable.
(h) A rule described in subsection (a)(6), (a)(8), (a)(12), or (a)(29)
expires on the earlier of the following dates:
(1) The expiration date stated by the adopting agency in the rule.
(2) The date that the rule is amended or repealed by a later rule
adopted under sections 24 through 36 of this chapter or this
section.
(i) This section may not be used to readopt a rule under IC 4-22-2.5.
(j) A rule described in subsection (a)(24) or (a)(25) expires not later
than January 1, 2006.
(k) A rule described in subsection (a)(28) expires on the expiration
date stated by the board of the Indiana economic development
corporation in the rule.
(l) A rule described in subsection (a)(30) expires on the expiration
date stated by the Indiana finance authority in the rule.
SOURCE: IC 4-23-20-3; (07)HE1084.1.18. -->
SECTION 18. IC 4-23-20-3, AS AMENDED BY P.L.161-2006,
SECTION 2, AND AS AMENDED BY P.L.141-2006, SECTION 6, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 3. The committee consists of at
least six (6) members appointed by the governor and must include
representatives of the following:
(1) The Indiana economic development corporation.
(2) The department of workforce development.
(3) The division of disability aging, and rehabilitative services.
(4) The commission on vocational and technical education of the
department of workforce development.
(5) The state workforce innovation human resource investment
council.
(6) The department of education.
SOURCE: IC 4-23-25-11; (07)HE1084.1.19. -->
SECTION 19. IC 4-23-25-11, AS ADDED BY P.L.126-2006,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 11. (a) As used in this section, "board" refers
to the sexual assault standards and certification board established by
subsection (c).
(b) As used in this section, "rape crisis center" means an
organization that provides a full continuum of services, including
hotlines, victim advocacy, and support services from the onset of the
need for services through the completion of healing, to victims of
sexual assault.
(c) The sexual assault standards and certification board is
established. Except as provided in subsection (o), (m), the board
consists of the executive director of the commission for women
established by section 3 of this chapter and the following additional ten
(10) members appointed by the governor:
(1) A member recommended by the prosecuting attorneys council
of Indiana.
(2) A member from law enforcement.
(3) A member representing a rape crisis center.
(4) A member recommended by the Indiana Coalition Against
Sexual Assault.
(5) A member representing mental health professionals.
(6) A member representing hospital administration.
(7) A member who is a health care professional (as defined in
IC 16-27-1-1) qualified in forensic evidence collection
recommended by the Indiana chapter of the International
Association of Forensic Nurses.
(8) A member who is an employee of the criminal justice institute.
(9) A member who is a survivor of sexual violence.
(10) A member who is a physician (as defined in
IC 25-22.5-1-1.1) with experience in examining sexually abused
children.
(d) Except for the executive director of the commission for women,
a member serves a four (4) year term. Not more than five (5) members
appointed under subsection (c)(1) through (c)(10) may be of the same
political party.
(e) The executive director of the commission for women shall serve
as chairperson of the board.
(f) The board shall meet at the call of the chairperson. Six (6)
members of the board constitute a quorum. The affirmative vote of at
least six (6) members of the board is required for the board to take any
official action.
(g) The board shall:
(1) develop standards for certification as a sexual assault victim
advocate;
(2) set fees that cover the costs for the certification process;
(3) adopt rules under IC 4-22-2 to implement this section;
(4) administer the sexual assault victims assistance account
established by subsection (i); and
(5) certify sexual assault victim advocates to provide advocacy
services.
(h) Members of the board may not receive salary per diem.
Members of the board are entitled to receive reimbursement for
mileage for attendance at meetings. Any other funding for the board is
paid at the discretion of the director of the office of management and
budget.
(i) The sexual assault victims assistance account is established
within the state general fund. The board shall administer the account
to provide financial assistance to rape crisis centers. Money in the
account must be distributed to a statewide nonprofit sexual assault
coalition as designated by the federal Centers for Disease Control and
Prevention under 42 U.S.C. 280 et seq. The account consists of:
(1) amounts transferred to the account for from sexual assault
victims assistance fees collected under IC 33-37-5-23;
(2) appropriations to the account from other sources;
(3) fees collected for certification by the board;
(4) grants, gifts, and donations intended for deposit in the
account; and
(5) interest accruing from the money in the account.
(j) The expenses of administering the account shall be paid from
money in the account. The board shall designate not more than ten
percent (10%) of the appropriation made each year to the nonprofit
corporation for program administration. The board may not use more
than ten percent (10%) of the money collected from certification fees
to administer the certification program.
(k) The treasurer of state shall invest the money in the account not
currently needed to meet the obligations of the account in the same
manner as other public money may be invested.
(l) Money in the account at the end of a state fiscal year does not
revert to the state general fund.
(m) If the position of the executive director of the commission for
women is vacant, the governor shall appoint a member of the
commission to the board until the executive director position is filled.
(n) If a vote of the board is a tie, and the chairperson has not voted,
the chairperson may cast a vote to break the tie.
SOURCE: IC 4-32.2-2-20.5; (07)HE1084.1.20. -->
SECTION 20. IC 4-32.2-2-20.5, AS ADDED BY P.L.91-2006,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 20.5. "Member" means any of the following:
(1) An individual entitled to membership in a qualified
organization under the bylaws, articles of incorporation, charter,
or rules of the qualified organization.
(2) A member of the qualified organization's auxiliary.
(3) In the case of a qualified organization that is a nonpublic
school (as defined in IC 20-18-2-12), either any of the following:
(A) A parent of a child enrolled in the school.
(B) A member of the school's parent organization.
(C) A member of the school's alumni association.
SOURCE: IC 5-1.5-4-1; (07)HE1084.1.21. -->
SECTION 21. IC 5-1.5-4-1, AS AMENDED BY P.L.192-2006,
SECTION 1, AND AS AMENDED BY P.L.2-2006, SECTION 10, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 1. (a) The bank may issue its
bonds or notes in principal amounts that it considers necessary to
provide funds for any purposes under this article, including:
(1) the purchase or acquisition of securities;
(2) the making of loans to or agreements with qualified entities
through the purchase of securities;
(3) the payment, funding, or refunding of the principal of, or
interest or redemption premiums on, bonds or notes issued by it
whether the bonds or notes or interest to be paid, funded, or
refunded have or have not become due;
and
(4) the establishment or increase of reserves to secure or to pay
bonds or notes or interest on bonds or notes and all other costs or
expenses of the bank incident to and necessary or convenient to
carry out its corporate purposes and powers
; and
(5) the acquisition of school buses to be leased or sold to school
corporations (as defined in IC 36-1-2-17).
(b) Except as otherwise provided in this article or by the board,
every issue of bonds or notes shall be general obligations of the bank
payable out of the revenues or funds of the bank, subject only to
agreements with the holders of a particular series of bonds or notes
pledging a particular revenue or fund. Bonds or notes may be
additionally secured by a pledge of a grant or contributions from the
United States, a qualified entity, or a person or a pledge of income or
revenues, funds, or money of the bank from any source.
(c) Notwithstanding subsections (a) and (b), the total amount of
bank bonds and notes outstanding at any one (1) time, except:
(1) bonds or notes issued to fund or refund bonds or notes; and
(2) bonds or notes issued for the purpose of purchasing an
agreement executed by a qualified entity under
IC 21-1-5;
IC 20-49-4;
may not exceed one billion dollars ($1,000,000,000) for qualified
entities described in IC 5-1.5-1-8(1) through IC 5-1.5-1-8(4) and
IC 5-1.5-1-8(8) through IC 5-1.5-1-8(11).
(d) Notwithstanding subsections (a) and (b), the total amount of
bank bonds and notes outstanding at any one (1) time, except bonds or
notes issued to fund or refund bonds or notes, may not exceed two
hundred million dollars ($200,000,000) for qualified entities described
in IC 5-1.5-1-8(5) through IC 5-1.5-1-8(6).
(e) Notwithstanding subsections (a) and (b), the total amount of
bank bonds and notes outstanding at any one (1) time, except bonds or
notes issued to fund or refund bonds or notes, may not exceed thirty
million dollars ($30,000,000) for qualified entities described in
IC 5-1.5-1-8(7).
(f) The limitations contained in subsections (c), (d), and (e) do not
apply to bonds, notes, or other obligations of the bank if:
(1) the bonds, notes, or other obligations are not secured by a
reserve fund under IC 5-1.5-5; or
(2) funds and investments, and the anticipated earned interest on
those funds and investments, are irrevocably set aside in amounts
sufficient to pay the principal, interest, and premium on the
bonds, notes, or obligations at their respective maturities or on the
date or dates fixed for redemption.
SOURCE: IC 5-2-4-1; (07)HE1084.1.22. -->
SECTION 22. IC 5-2-4-1, AS AMENDED BY P.L.101-2006,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1. As used in this chapter, unless the context
otherwise requires:
(1) "Criminal history information" means information collected
by criminal justice agencies or individuals consisting of
identifiable descriptions and notations of arrests, detentions,
indictments, informations, or other formal criminal charges, and
any disposition arising therefrom, sentencing, correctional
supervision, and release.
(2) "Criminal intelligence information" means information on
identifiable individuals compiled in an effort to anticipate,
prevent or monitor possible criminal activity, including terrorist
activity. "Criminal intelligence information" does not include
criminal investigative information which is information on
identifiable individuals compiled in the course of the
investigation of specific criminal acts.
(3) "Criminal justice agency" means any agency or department of
any level of government which performs as its principal function
the apprehension, prosecution, adjudication, incarceration,
rehabilitation of criminal offenders, or location of parents with
child support obligations under 42 U.S.C. 653. The term includes:
(A) a nongovernmental entity that performs as its principal
function the:
(i) apprehension, prosecution, adjudication, incarceration, or
rehabilitation of criminal offenders; or
(ii) location of parents with child support obligations under
42 U.S.C. 653;
under a contract with an agency or department of any level of
government;
(B) the department of homeland security; and
(C) the Indiana intelligence fusion center established by
IC 10-19-10-1. IC 10-19-10-2.
SOURCE: IC 5-2-6.1-28; (07)HE1084.1.23. -->
SECTION 23. IC 5-2-6.1-28, AS AMENDED BY P.L.121-2006,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 28. (a) Not more than ten (10) days after the
hearing, the hearing officer shall issue a written decision supported by
findings of fact and conclusions of law based on the record from the
hearing, the investigation, and the application of the claimant.
(b) Copies of the determination decision shall be mailed to the
claimant at the address given in the application and to the attorney
general.
SOURCE: IC 5-2-14-5; (07)HE1084.1.24. -->
SECTION 24. IC 5-2-14-5, AS AMENDED BY P.L.1-2006,
SECTION 92, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 5. The task force consists of the following
members:
(1) The superintendent of the state police department or the
superintendent's designee.
(2) The commissioner of the state department of health or the
commissioner's designee.
(3) The state superintendent of public instruction or the state
superintendent's designee.
(4) The commissioner of the department of environmental
management or the commissioner's designee.
(5) The executive director of the department of homeland security
or the executive director's designee.
(6) The secretary of family and social services or the secretary's
designee.
(7) A judge, to be appointed by the governor.
(8) A prosecuting attorney, to be appointed by the governor.
(9) A county public defender, to be appointed by the governor.
(10) A sheriff from a county with a population less than thirty
thousand (30,000), to be appointed by the governor, or the
sheriff's designee.
(11) A sheriff from a county with a population greater than one
hundred thousand (100,000), to be appointed by the governor, or
the sheriff's designee.
(12) A chief of police from a first or second class city, to be
appointed by the governor, or the chief's designee.
(13) A chief of police from a third class city, to be appointed by
the governor, or the chief's designee.
(14) One (1) mental health professional with expertise in the
treatment of drug addiction, to be appointed by the governor.
(15) A physician with experience in treating individuals who have
been:
(A) injured by an explosion or a fire in a methamphetamine
laboratory; or
(B) harmed by contact with methamphetamine precursors;
to be appointed by the governor.
(16) One (1) primary or secondary school professional with
experience in educating children concerning the danger of
methamphetamine abuse, to be appointed by the governor.
(17) Five (5) persons:
(A) one (1) representing a retail grocery;
(B) one (1) representing a retail pharmacy;
(C) one (1) representing a retail hardware store;
(D) one (1) representing convenience stores; and
(E) one (1) representing retail propane gas dealers;
with experience in combating the sale of methamphetamine
precursors, to be appointed by the governor.
(18) A representative of the farming industry with knowledge of
the problem of theft of anhydrous ammonia for use in the
manufacture of methamphetamine, to be appointed by the
governor.
(19) An individual appointed by the speaker of the house of
representatives.
(20) An individual appointed by the president pro tempore of the
senate.
(21) A probation officer appointed by the governor.
(22) A pharmaceutical manufacturer representative appointed by
the governor.
reinstatement occurred.
SOURCE: IC 5-2-15-4; (07)HE1084.1.25. -->
SECTION 25. IC 5-2-15-4, AS AMENDED BY P.L.145-2006,
SECTION 10, AND AS AMENDED BY P.L.151-2006, SECTION 2,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 4. A law enforcement agency
that discovers a child less than fourteen (14) eighteen (18) years of age
at a methamphetamine laboratory site used for the illegal manufacture
of a controlled substance (as defined in IC 35-48-1-9) shall notify the
department of child services.
SOURCE: IC 5-10-8-8.2; (07)HE1084.1.26. -->
SECTION 26. IC 5-10-8-8.2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 8.2. (a) As used in
this section, "former legislator" means a former member of the general
assembly.
(b) As used in this section, "dependent" means an unmarried person
who:
(1) is:
(A) a dependent child, stepchild, foster child, or adopted child
of a former legislator or spouse of a former legislator; or
(B) a child who resides in the home of a former legislator or
spouse of a former legislator who has been appointed legal
guardian for the child; and
(2) is:
(A) less than twenty-three (23) years of age;
(B) at least twenty-three (23) years of age, incapable of
self-sustaining employment by reason of mental or physical
disability, and is chiefly dependent on a former legislator or
spouse of a former legislator for support and maintenance; or
(C) at least twenty-three (23) years of age and less than
twenty-five (25) years of age and is enrolled in and is a
full-time student at an accredited college or university.
(c) As used in this section, "spouse" means a person who is or was
married to a former legislator.
(d) After June 30, 2001, the state shall provide to a former
legislator:
(1) whose last day of service as a member of the general assembly
was after December 31, 2000;
(2) who served in all or part of at least four (4) terms of the
general assembly (as defined in IC 2-2.1-1-1);
(3) who pays an amount equal to the employee's and employer's
premium for the group health insurance for an active employee;
and
(4) who files a written request for insurance coverage with the
employer within ninety (90) days after the former legislator's:
(A) last day of service as a member of the general assembly;
or
(B) retirement date;
a group health insurance program that is equal to that offered to active
employees.
(e) Except as provided by section 8(j) of this chapter, the eligibility
of a former legislator to continue insurance under this section ends
when the former legislator becomes eligible for Medicare coverage as
prescribed by 42 U.S.C.A. U.S.C. 1395 et seq. or when the employer
terminates the health insurance program.
(f) A former legislator who is eligible for insurance coverage under
this section may elect to have a spouse or dependent of the former
legislator covered under the health insurance program. A former
legislator who makes an election under this subsection must pay the
employee's and employer's premium for the group health insurance
program for an active employee that is attributable to the inclusion of
a spouse or dependent.
(g) A spouse or dependent may continue insurance under this
section after the death of the former legislator if the spouse or
dependent pays the amount the former legislator would have been
required to pay for coverage selected by the spouse or dependent.
(h) Except as provided under section 8(j) of this chapter, the
eligibility of a spouse to continue insurance under this section ends on
the earliest of the following:
(1) When the employer terminates the health insurance program.
(2) The date of the legislative spouse's remarriage.
(3) When the required amount for coverage is not paid with
respect to the spouse.
(4) When the spouse becomes eligible for Medicare coverage as
prescribed by 42 U.S.C.A. U.S.C. 1395 et seq.
(i) The eligibility of a dependent to continue insurance under this
section ends on the earliest of the following:
(1) When the employer terminates the health insurance program.
(2) The date the dependent no longer meets the definition of a
dependent.
(3) When the required amount for coverage is not paid with
respect to the dependent.
(j) The spouse of a deceased former legislator may elect to
participate in the group health insurance program under this section if
all of the following apply:
(1) The deceased legislator:
(A) died after December 31, 2000, while serving as a member
of the general assembly; and
(B) served in all or part of at least four (4) terms of the general
assembly (as defined in IC 2-2.1-1-1).
(2) The surviving spouse files a written request for insurance
coverage with the employer.
(3) The surviving spouse pays an amount equal to the employee's
and employer's premium for the group health insurance for an
active employee, including any amount with respect to covered
dependents of the former legislator.
(k) Except as provided under section 8(j) of this chapter, the
eligibility of the surviving spouse under subsection (j) ends on the
earliest of the following:
(1) When the employer terminates the health insurance program.
(2) The date of the spouse's remarriage.
(3) When the required amount for coverage is not paid with
respect to the spouse and any covered dependent.
(4) When the surviving spouse becomes eligible for Medicare
coverage as prescribed by 42 U.S.C.A. U.S.C. 1395 et seq.
SOURCE: IC 5-10.2-5-40; (07)HE1084.1.27. -->
SECTION 27. IC 5-10.2-5-40, AS ADDED BY P.L.115-2006,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 40. (a) The pension portion (plus
postretirement increases to the pension portion) provided by employer
contributions of the monthly benefit payable after December 31, 2006,
to a member of the public employees' retirement fund (or to a survivor
or beneficiary of a member of the public employees' retirement fund)
who retired or was disabled before January 1, 2006, shall be increased
by two percent (2%).
(b) The increases increase specified in this section:
(1) are is based on the date of the member's latest retirement or
disability;
(2) do does not apply to benefits payable in a lump sum; and
(3) are is in addition to any other increase provided by law.
SOURCE: IC 5-14-3-2; (07)HE1084.1.28. -->
SECTION 28. IC 5-14-3-2, AS AMENDED BY P.L.1-2006,
SECTION 101, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 2. (a) The definitions set forth
in this section apply throughout this chapter.
(b) "Copy" includes transcribing by handwriting, photocopying,
xerography, duplicating machine, duplicating electronically stored data
onto a disk, tape, drum, or any other medium of electronic data storage,
and reproducing by any other means.
(c) "Direct cost" means one hundred five percent (105%) of the sum
of the cost of:
(1) the initial development of a program, if any;
(2) the labor required to retrieve electronically stored data; and
(3) any medium used for electronic output;
for providing a duplicate of electronically stored data onto a disk, tape,
drum, or other medium of electronic data retrieval under section 8(g)
of this chapter, or for reprogramming a computer system under section
6(c) of this chapter.
(d) "Electronic map" means copyrighted data provided by a public
agency from an electronic geographic information system.
(e) "Enhanced access" means the inspection of a public record by a
person other than a governmental entity and that:
(1) is by means of an electronic device other than an electronic
device provided by a public agency in the office of the public
agency; or
(2) requires the compilation or creation of a list or report that does
not result in the permanent electronic storage of the information.
(f) "Facsimile machine" means a machine that electronically
transmits exact images through connection with a telephone network.
(g) "Inspect" includes the right to do the following:
(1) Manually transcribe and make notes, abstracts, or memoranda.
(2) In the case of tape recordings or other aural public records, to
listen and manually transcribe or duplicate, or make notes,
abstracts, or other memoranda from them.
(3) In the case of public records available:
(A) by enhanced access under section 3.5 of this chapter; or
(B) to a governmental entity under section 3(c)(2) of this
chapter;
to examine and copy the public records by use of an electronic
device.
(4) In the case of electronically stored data, to manually transcribe
and make notes, abstracts, or memoranda or to duplicate the data
onto a disk, tape, drum, or any other medium of electronic
storage.
(h) "Investigatory record" means information compiled in the course
of the investigation of a crime.
(i) "Patient" has the meaning set out in IC 16-18-2-272(d).
(j) "Person" means an individual, a corporation, a limited liability
company, a partnership, an unincorporated association, or a
governmental entity.
(k) "Provider" has the meaning set out in IC 16-18-2-295(a)
IC 16-18-2-295(b) and includes employees of the state department of
health or local boards of health who create patient records at the
request of another provider or who are social workers and create
records concerning the family background of children who may need
assistance.
(l) "Public agency" means the following:
(1) Any board, commission, department, division, bureau,
committee, agency, office, instrumentality, or authority, by
whatever name designated, exercising any part of the executive,
administrative, judicial, or legislative power of the state.
(2) Any:
(A) county, township, school corporation, city, or town, or any
board, commission, department, division, bureau, committee,
office, instrumentality, or authority of any county, township,
school corporation, city, or town;
(B) political subdivision (as defined by IC 36-1-2-13); or
(C) other entity, or any office thereof, by whatever name
designated, exercising in a limited geographical area the
executive, administrative, judicial, or legislative power of the
state or a delegated local governmental power.
(3) Any entity or office that is subject to:
(A) budget review by either the department of local
government finance or the governing body of a county, city,
town, township, or school corporation; or
(B) an audit by the state board of accounts.
(4) Any building corporation of a political subdivision that issues
bonds for the purpose of constructing public facilities.
(5) Any advisory commission, committee, or body created by
statute, ordinance, or executive order to advise the governing
body of a public agency, except medical staffs or the committees
of any such staff.
(6) Any law enforcement agency, which means an agency or a
department of any level of government that engages in the
investigation, apprehension, arrest, or prosecution of alleged
criminal offenders, such as the state police department, the police
or sheriff's department of a political subdivision, prosecuting
attorneys, members of the excise police division of the alcohol
and tobacco commission, conservation officers of the department
of natural resources, gaming agents of the Indiana gaming
commission, and the security division of the state lottery
commission.
(7) Any license branch staffed by employees of the bureau of
motor vehicles commission under IC 9-16.
(8) The state lottery commission established by IC 4-30-3-1,
including any department, division, or office of the commission.
(9) The Indiana gaming commission established under IC 4-33,
including any department, division, or office of the commission.
(10) The Indiana horse racing commission established by IC 4-31,
including any department, division, or office of the commission.
(m) "Public record" means any writing, paper, report, study, map,
photograph, book, card, tape recording, or other material that is
created, received, retained, maintained, or filed by or with a public
agency and which is generated on paper, paper substitutes,
photographic media, chemically based media, magnetic or machine
readable media, electronically stored data, or any other material,
regardless of form or characteristics.
(n) "Standard-sized documents" includes all documents that can be
mechanically reproduced (without mechanical reduction) on paper
sized eight and one-half (8 1/2) inches by eleven (11) inches or eight
and one-half (8 1/2) inches by fourteen (14) inches.
(o) "Trade secret" has the meaning set forth in IC 24-2-3-2.
(p) "Work product of an attorney" means information compiled by
an attorney in reasonable anticipation of litigation. The term includes
the attorney's:
(1) notes and statements taken during interviews of prospective
witnesses; and
(2) legal research or records, correspondence, reports, or
memoranda to the extent that each contains the attorney's
opinions, theories, or conclusions.
This definition does not restrict the application of any exception under
section 4 of this chapter.
SOURCE: IC 5-14-3-3; (07)HE1084.1.29. -->
SECTION 29. IC 5-14-3-3, AS AMENDED BY P.L.22-2006,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. (a) Any person may inspect and copy the
public records of any public agency during the regular business hours
of the agency, except as provided in section 4 of this chapter. A request
for inspection or copying must:
(1) identify with reasonable particularity the record being
requested; and
(2) be, at the discretion of the agency, in writing on or in a form
provided by the agency.
No request may be denied because the person making the request
refuses to state the purpose of the request, unless such condition is
required by other applicable statute.
(b) A public agency may not deny or interfere with the exercise of
the right stated in subsection (a). The public agency shall either:
(1) provide the requested copies to the person making the request;
or
(2) allow the person to make copies:
(A) on the agency's equipment; or
(B) on the person's own equipment.
(c) Notwithstanding subsections (a) and (b), a public agency may or
may not do the following:
(1) In accordance with a contract described in section 3.5 of this
chapter, permit a person to inspect and copy through the use of
enhanced access public records containing information owned by
or entrusted to the public agency.
(2) Permit a governmental entity to use an electronic device to
inspect and copy public records containing information owned by
or entrusted to the public agency.
(d) Except as provided in subsection (e), a public agency that
maintains or contracts for the maintenance of public records in an
electronic data storage system shall make reasonable efforts to provide
to a person making a request a copy of all disclosable data contained
in the records on paper, disk, tape, drum, or any other method of
electronic retrieval if the medium requested is compatible with the
agency's data storage system. This subsection does not apply to an
electronic map.
(e) A state agency may adopt a rule under IC 4-22-2, and a political
subdivision may enact an ordinance, prescribing the conditions under
which a person who receives information on disk or tape under
subsection (d) may or may not use the information for commercial
purposes, including to sell, advertise, or solicit the purchase of
merchandise, goods, or services, or sell, loan, give away, or otherwise
deliver the information obtained by the request to any other person for
these purposes. Use of information received under subsection (d) in
connection with the preparation or publication of news, for nonprofit
activities, or for academic research is not prohibited. A person who
uses information in a manner contrary to a rule or ordinance adopted
under this subsection may be prohibited by the state agency or political
subdivision from obtaining a copy or any further data under subsection
(d).
(f) Notwithstanding the other provisions of this section, a public
agency is not required to create or provide copies of lists of names and
addresses (including electronic mail account addresses) unless the
public agency is required to publish such lists and disseminate them to
the public under a statute. However, if a public agency has created a
list of names and addresses (excluding electronic mail account
addresses) it must permit a person to inspect and make memoranda
abstracts from the list unless access to the list is prohibited by law. The
lists of names and addresses (including electronic mail account
addresses) described in subdivisions (1) through (3) may not be
disclosed by public agencies to any individual or entity for political
purposes and may not be used by any individual or entity for political
purposes. In addition, the lists of names and addresses (including
electronic mail account addresses) described in subdivisions (1)
through (3) may not by be disclosed by public agencies to commercial
entities for commercial purposes and may not be used by commercial
entities for commercial purposes. The prohibition in this subsection
against the disclosure of lists for political or commercial purposes
applies to the following lists of names and addresses (including
electronic mail account addresses):
(1) A list of employees of a public agency.
(2) A list of persons attending conferences or meetings at a state
institution of higher education or of persons involved in programs
or activities conducted or supervised by the state institution of
higher education.
(3) A list of students who are enrolled in a public school
corporation if the governing body of the public school corporation
adopts a policy:
(A) with respect to disclosure related to a commercial purpose,
prohibiting the disclosure of the list to commercial entities for
commercial purposes;
(B) with respect to disclosure related to a commercial purpose,
specifying the classes or categories of commercial entities to
which the list may not be disclosed or by which the list may
not be used for commercial purposes; or
(C) with respect to disclosure related to a political purpose,
prohibiting the disclosure of the list to individuals and entities
for political purposes.
A policy adopted under subdivision (3)(A) or (3)(B) must be uniform
and may not discriminate among similarly situated commercial entities.
For purposes of this subsection, "political purposes" means influencing
the election of a candidate for federal, state, legislative, local, or school
board office or the outcome of a public question or attempting to solicit
a contribution to influence the election of a candidate for federal, state,
legislative, local, or school board office or the outcome of a public
question.
(g) A public agency may not enter into or renew a contract or an
obligation:
(1) for the storage or copying of public records; or
(2) that requires the public to obtain a license or pay copyright
royalties for obtaining the right to inspect and copy the records
unless otherwise provided by applicable statute;
if the contract, obligation, license, or copyright unreasonably impairs
the right of the public to inspect and copy the agency's public records.
(h) If this section conflicts with IC 3-7, the provisions of IC 3-7
apply.
SOURCE: IC 5-20-2-5; (07)HE1084.1.30. -->
SECTION 30. IC 5-20-2-5, AS AMENDED BY P.L.1-2006,
SECTION 107, AND AS AMENDED BY P.L.181-2006, SECTION
22, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 5. (a) Bonds shall not be issued
by a county, city, town, or consolidated city for home mortgages under
this chapter if at the time of issuance and delivery there remains
unexpended or uncommitted more than five percent (5%) of the net
proceeds of a prior bond issued by that county, city, town, or
consolidated city under this chapter.
(b) Bonds shall not be issued under this chapter for home mortgages
in an amount in excess of twenty-five percent (25%) of the average
annual amount of mortgage lending in the county or municipality in the
most recent three (3) year period for which the governing body shall by
ordinance determine from the Home Mortgage Disclosure Act, Public
Law 94-200.
(c) No issue shall be approved by the
Indiana housing and
community development authority if the amount of the issue exceeds
the total amount of bond issues permissible under this chapter in the
calendar year during which the proposed bonds will be issued. The
total amount of bonds permissible under this chapter in any calendar
year shall be fifty dollars ($50) multiplied by the population of the state
of Indiana as determined by the most recent federal decennial census.
(d) There is a five percent (5%) down payment requirement. An
issue meets this requirement only if seventy-five percent (75%) or more
of the owner-occupied financing provided by the issue is ninety-five
percent (95%) financing. For purposes of this subsection, financing of
a residence is ninety-five percent (95%) financing if such financing is
ninety-five percent (95%) or more of the acquisition cost of such
residence. A larger down payment is permitted in the case of
alternative mortgage instruments as provided by law.
(e) No mortgage shall be made under this chapter the amount of
which exceeds two and one-half (2 1/2) times the amount of the annual
income of the prospective mortgagor. In addition, no financing shall be
provided under this chapter to a prospective mortgagor who is already
a mortgagor with respect to an existing mortgage financed under this
chapter.
(f) The effective rate of interest on mortgages provided from a
particular bond issue under this chapter may not exceed the yield on the
issue by more than one (1) percentage point. For purposes of this
subsection, the effective rate of mortgage interest and the bond yield
shall be determined in accordance with reasonable procedures adopted
by the Indiana housing and community development authority.
However, the Indiana housing and community development authority
may waive the restriction in this subsection if it determines that:
(1) waiver of the restriction with respect to a proposed issue is in
the best interests of the citizens of the issuing jurisdiction and the
state of Indiana; and
(2) the proposed issue is not marketable without waiver of the
restriction.
(g) An issue meets the requirements of this section only if a
preliminary official statement of such issue has been submitted to the
Indiana housing and community development authority, and:
(1) such authority has, within thirty (30) days after the date of
such submission, issued an opinion that such issue meets the
requirements of this sections section and section 4 and 5 of this
chapter; or
(2) thirty (30) days have elapsed since such submission and
during this thirty (30) day period the authority has not issued an
opinion that the issue does not meet the requirements of this
sections section and section 4 and 5 of this chapter.
SOURCE: IC 5-20-4-3; (07)HE1084.1.31. -->
SECTION 31. IC 5-20-4-3, AS AMENDED BY P.L.1-2006,
SECTION 113, AND AS AMENDED BY P.L.181-2006, SECTION
29, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 3. As used in this chapter,
"housing and community development "authority" refers to the Indiana
housing and community development authority established under
IC 5-20-1.
SOURCE: IC 5-20-4-7; (07)HE1084.1.32. -->
SECTION 32. IC 5-20-4-7, AS AMENDED BY P.L.1-2006,
SECTION 114, AND AS AMENDED BY P.L.181-2006, SECTION
31, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 7. (a) There is established the
affordable housing trust and community development fund. The fund
shall be administered by the Indiana housing and community
development authority under the direction of the Indiana housing and
community development authority's board.
(b) The fund consists of the following resources:
(1) Appropriations from the general assembly.
(2) Gifts, and grants, to the fund. and donations of any tangible
or intangible property from public or private sources.
(3) Investment income earned on the fund's assets.
(4) Repayments of loans from the fund.
(5) Funds borrowed from the board for depositories insurance
fund (IC 5-13-12-7).
(c) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested.
(d) The money remaining in the fund at the end of a fiscal year does
not revert to the state general fund.
(e) Interest earned on the fund may be used by the Indiana housing
and community development authority to pay expenses incurred in the
administration of the fund.
SOURCE: IC 5-20-4-9; (07)HE1084.1.33. -->
SECTION 33. IC 5-20-4-9, AS AMENDED BY P.L.1-2006,
SECTION 115, AND AS AMENDED BY P.L.181-2006, SECTION
33, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 9. The board for depositories
shall determine the terms of the loan from the board for depositories
insurance fund under section 8 of this chapter that must include the
following:
(1) That the duration of the loan may not exceed twenty (20) years
from the date of the execution of the agreement between the
Indiana housing and community development authority and the
public deposit insurance fund operated by the board for
depositories.
(2) The repayment schedule of the loan that:
(A) shall not require repayment of any principal; and
(B) must allow any principal to be repaid by the housing trust
fund at any time;
before the end of the term for the loan.
(3) That no interest may be charged.
(4) The amount of the loan, which may not exceed five million
dollars ($5,000,000).
SOURCE: IC 5-20-4-10.1; (07)HE1084.1.34. -->
SECTION 34. IC 5-20-4-10.1, AS AMENDED BY P.L.1-2006,
SECTION 116, AND AS AMENDED BY P.L.181-2006, SECTION
34, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 10.1. The
Indiana housing and
community development authority and the board for depositories shall
establish procedures to insure repayment of the loan principal at the
end of the loan term. The procedures may include purchase of a zero
coupon bond to insure the loan principal, a requirement that a
percentage of the loans issued by the
Indiana housing and community
development authority be made through a linked deposit program in
certificates of deposit, or other procedures that the
Indiana housing and
community development authority and the board for depositories may
determine appropriate.
SOURCE: IC 5-20-4-11; (07)HE1084.1.35. -->
SECTION 35. IC 5-20-4-11, AS AMENDED BY P.L.1-2006,
SECTION 117, AND AS AMENDED BY P.L.181-2006, SECTION
35, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 11. (a) At least fifty percent
(50%) of the resources of the fund shall be allocated to recognized
nonprofit corporations under Section 501(c) of the Internal Revenue
Code.
(b) The resources of the fund that are not allocated under subsection
(a) may be allocated to private developers of housing and private
development entities as determined by the Indiana housing and
community development authority.
SOURCE: IC 5-20-4-12; (07)HE1084.1.36. -->
SECTION 36. IC 5-20-4-12, AS AMENDED BY P.L.1-2006,
SECTION 118, AND AS AMENDED BY P.L.181-2006, SECTION
36, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 12. Rental housing that is
developed with money from the housing trust fund shall be made
available for occupancy to low income families or very low income
families for at least fifteen (15) years. In the event of foreclosure or
equivalent action, the remaining affordability period may be waived by
the Indiana housing and community development authority.
SOURCE: IC 5-20-4-13; (07)HE1084.1.37. -->
SECTION 37. IC 5-20-4-13, AS AMENDED BY P.L.1-2006,
SECTION 119, AND AS AMENDED BY P.L.181-2006, SECTION
37, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 13. A developer of housing that
uses funds from the housing trust fund shall certify to the Indiana
housing and community development authority that the developer will
comply with the following:
(1) The federal Civil Rights Act of 1968 (P.L. 90-284).
(2) The federal Fair Housing Amendments of 1988 (P.L.
100-430).
(3) The Indiana Civil Rights Law (IC 22-9-1).
SOURCE: IC 5-20-4-14; (07)HE1084.1.38. -->
SECTION 38. IC 5-20-4-14, AS AMENDED BY P.L.1-2006,
SECTION 120, AND AS AMENDED BY P.L.181-2006, SECTION
38, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 14. The Indiana housing and
community development authority shall establish written policies and
procedures to implement this chapter. These policies and procedures
shall include the following:
(1) The development of an application process for requesting
financial assistance under this chapter.
(2) The establishment of a procedure for disbursing financial
assistance under this chapter.
(3) The establishment of a rate of interest for a loan under this
chapter.
(4) The establishment of loan underwriting criteria to protect the
assets of the fund. The Indiana housing and community
development authority shall require a lien or other security when
appropriate and in the amounts the authority determines
appropriate.
(5) A requirement that a financial institution holding an obligation
that is guaranteed under this chapter must adequately secure the
obligation.
(6) Standards requiring a local match for any assistance under this
chapter and establishing the level of local match required.
(7) The establishment of a cap on the amount of financial
assistance that any recipient may receive.
(8) The establishment of procedures to do the following:
(A) Ensure that an equitable part of all funds are distributed
to rural areas of Indiana.
(B) Enable the authority to use the fund to provide matching
funds to local housing trust funds in Indiana.
(C) Promote community economic development.
SOURCE: IC 6-1.1-4-28.5; (07)HE1084.1.39. -->
SECTION 39. IC 6-1.1-4-28.5, AS AMENDED BY P.L.1-2006,
SECTION 131, AND AS AMENDED BY P.L.154-2006, SECTION 2,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 28.5. (a) Money assigned to a
property reassessment fund under section 27.5 of this chapter may be
used only to pay the costs of:
(1) the general reassessment of real property, including the
computerization of assessment records;
(2) payments to county assessors, members of property tax
assessment boards of appeals, or assessing officials under
IC 6-1.1-35.2;
(3) the development or updating of detailed soil survey data by
the United States Department of Agriculture or its successor
agency;
(4) the updating of plat books;
(5) payments for the salary of permanent staff or for the
contractual services of temporary staff who are necessary to assist
county assessors, members of a county property tax assessment
board of appeals, and assessing officials;
(6) making annual adjustments under section 4.5 of this chapter;
and
(7) the verification under 50 IAC 21-3-2 of sales disclosure forms
forwarded to the county assessor under IC 6-1.1-5.5-3.
Money in a property tax reassessment fund may not be transferred or
reassigned to any other fund and may not be used for any purposes
other than those set forth in this section.
(b) All counties shall use modern, detailed soil maps in the general
reassessment of agricultural land.
(c) The county treasurer of each county shall, in accordance with
IC 5-13-9, invest any money accumulated in the property reassessment
fund. until the money is needed to pay general reassessment expenses.
Any interest received from investment of the money shall be paid into
the property reassessment fund.
(d) An appropriation under this section must be approved by the
fiscal body of the county after the review and recommendation of the
county assessor. However, in a county with an elected township
assessor in every township, the county assessor does not review an
appropriation under this section, and only the fiscal body must
approve an appropriation under this section.
SOURCE: IC 6-1.1-12-12; (07)HE1084.1.40. -->
SECTION 40. IC 6-1.1-12-12, AS AMENDED BY P.L.141-2006,
SECTION 9, AND AS AMENDED BY P.L.145-2006, SECTION 16,
AND AS AMENDED BY P.L.154-2006, SECTION 14, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 12. (a) Except as provided in
section 17.8 of this chapter, a person who desires to claim the
deduction provided in section 11 of this chapter must file an
application, on forms prescribed by the department of local government
finance, with the auditor of the county in which the real property,
mobile home not assessed as real property, or manufactured home not
assessed as real property is located. With respect to real property, the
application must be filed during the twelve (12) months before May
June 11 of each year for which the individual wishes to obtain the
deduction. With respect to a mobile home that is not assessed as real
property or a manufactured home that is not assessed as real property,
the application must be filed during the twelve (12) months before
March 2 of each year for which the individual wishes to obtain the
deduction. The application may be filed in person or by mail. If mailed,
the mailing must be postmarked on or before the last day for filing.
(b) Proof of blindness may be supported by:
(1) the records of a county office of family and children, the
division of family and children, resources, or the division of
disability aging, and rehabilitative services; or
(2) the written statement of a physician who is licensed by this
state and skilled in the diseases of the eye or of a licensed
optometrist.
(c) The application required by this section must contain the record
number and page where the contract or memorandum of the contract
is recorded if the individual is buying the real property, mobile home,
or manufactured home on a contract that provides that he the individual
is to pay property taxes on the real property, mobile home, or
manufactured home.
SOURCE: IC 6-1.1-12.4-3; (07)HE1084.1.41. -->
SECTION 41. IC 6-1.1-12.4-3, AS AMENDED BY P.L.154-2006,
SECTION 37, AND AS AMENDED BY P.L.169-2006, SECTION 7,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 3. (a) For purposes of this
section, an increase in the assessed value of personal property is
determined in the same manner that an increase in the assessed value
of new manufacturing equipment is determined for purposes of
IC 6-1.1-12.1.
(b) This subsection applies only to personal property that the owner
purchases after March 1, 2005, and before March 2, 2009. Except as
provided in sections 4, 5, and 8 of this chapter, an owner that purchases
personal property other than inventory (as defined in 50 IAC 4.2-5-1,
as in effect on January 1, 2005) that:
(1) was never before used by its owner for any purpose in Indiana;
and
(2) creates or retains employment;
is entitled to a deduction from the assessed value of the personal
property.
(c) The deduction under this section is first available in the year in
which the increase in assessed value resulting from the purchase of the
personal property occurs and continues for the following two (2) years.
The amount of the deduction that a property owner may receive with
respect to personal property located in a county for a particular year
equals the lesser of:
(1) two million dollars ($2,000,000); or
(2) the product of:
(A) the increase in assessed value resulting from the purchase
of the personal property; multiplied by
(B) the percentage from the following table:
YEAR OF DEDUCTION
PERCENTAGE
1st 75%
2nd 50%
3rd 25%
(d) If an appeal of an assessment is approved that results in a
reduction of the assessed value of the personal property, the amount of
the deduction is adjusted to reflect the percentage decrease that results
from the appeal.
(e) A property owner must claim the deduction under this section on
the owner's annual personal property tax return. The township assessor
shall:
(1) identify the personal property eligible for the deduction to the
county auditor; and
(2) inform the county auditor of the deduction amount.
(f) The county auditor shall:
(1) make the deductions; and
(2) notify the county property tax assessment board of appeals of
all deductions approved;
under this section.
(g) The deduction under this section does not apply to personal
property at a facility listed in IC 6-1.1-12.1-3(e).
SOURCE: IC 6-1.1-17-16; (07)HE1084.1.42. -->
SECTION 42. IC 6-1.1-17-16, AS AMENDED BY P.L.2-2006,
SECTION 38, AND AS AMENDED BY P.L.154-2006, SECTION 44,
AND AS AMENDED BY P.L.169-2006, SECTION 9, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 16. (a) Subject to the
limitations and requirements prescribed in this section, the department
of local government finance may revise, reduce, or increase a political
subdivision's budget by fund, tax rate, or tax levy which the department
reviews under section 8 or 10 of this chapter.
(b) Subject to the limitations and requirements prescribed in this
section, the department of local government finance may review,
revise, reduce, or increase the budget by fund, tax rate, or tax levy of
any of the political subdivisions whose tax rates compose the aggregate
tax rate within a political subdivision whose budget, tax rate, or tax
levy is the subject of an appeal initiated under this chapter.
(c) Except as provided in subsections (j) and (k), before the
department of local government finance reviews, revises, reduces, or
increases a political subdivision's budget by fund, tax rate, or tax levy
under this section, the department must hold a public hearing on the
budget, tax rate, and tax levy. The department of local government
finance shall hold the hearing in the county in which the political
subdivision is located. The department of local government finance
may consider the budgets by fund, tax rates, and tax levies of several
political subdivisions at the same public hearing. At least five (5) days
before the date fixed for a public hearing, the department of local
government finance shall give notice of the time and place of the
hearing and of the budgets by fund, levies, and tax rates to be
considered at the hearing. The department of local government finance
shall publish the notice in two (2) newspapers of general circulation
published in the county. However, if only one (1) newspaper of general
circulation is published in the county, the department of local
government finance shall publish the notice in that newspaper.
(d) Except as provided in subsection (i), IC 6-1.1-19, IC 20-45,
IC 20-46, or IC 6-1.1-18.5, the department of local government finance
may not increase a political subdivision's budget by fund, tax rate, or
tax levy to an amount which exceeds the amount originally fixed by the
political subdivision. However, if the department of local government
finance determines that IC 5-3-1-2.3(b) applies to the tax rate, tax levy,
or budget of the political subdivision, the maximum amount by which
the department may increase the tax rate, tax levy, or budget is the
amount originally fixed by the political subdivision, and not the
amount that was incorrectly published or omitted in the notice
described in IC 5-3-1-2.3(b). The department of local government
finance shall give the political subdivision written notification
specifying any revision, reduction, or increase the department proposes
in a political subdivision's tax levy or tax rate. The political subdivision
has one (1) week two (2) weeks from the date the political subdivision
receives the notice to provide a written response to the department of
local government finance's Indianapolis office. specifying how to make
the required reductions in the amount budgeted by fund. The response
may include budget reductions, reallocation of levies, a revision in the
amount of miscellaneous revenues, and further review of any other
item about which, in the view of the political subdivision, the
department is in error. The department of local government finance
shall make reductions consider the adjustments as specified in the
political subdivision's response if the response is provided as required
by this subsection and sufficiently specifies all necessary reductions.
The department of local government finance may make a revision, a
reduction, or an increase in a political subdivision's budget only by
fund. shall deliver a final decision to the political subdivision.
(e) The department of local government finance may not approve a
levy for lease payments by a city, town, county, library, or school
corporation if the lease payments are payable to a building corporation
for use by the building corporation for debt service on bonds and if:
(1) no bonds of the building corporation are outstanding; or
(2) the building corporation has enough legally available funds on
hand to redeem all outstanding bonds payable from the particular
lease rental levy requested.
(f) The department of local government finance shall certify its
action to:
(1) the county auditor;
(2) the political subdivision if the department acts pursuant to an
appeal initiated by the political subdivision;
(3) the taxpayer that initiated an appeal under section 13 of this
chapter, or, if the appeal was initiated by multiple taxpayers, the
first ten (10) taxpayers whose names appear on a petition filed
under section 13 of this chapter; the statement filed to initiate the
appeal; and
(4) a taxpayer that owns property that represents at least ten
percent (10%) of the taxable assessed valuation in the political
subdivision.
(g) The following may petition for judicial review of the final
determination of the department of local government finance under
subsection (f):
(1) If the department acts under an appeal initiated by a political
subdivision, the political subdivision.
(2) If the department:
(A) acts under an appeal initiated by one (1) or more taxpayers
under section 13 of this chapter; or
(B) fails to act on the appeal before the department certifies its
action under subsection (f);
a taxpayer who signed the petition under that section. statement
filed to initiate the appeal.
(3) If the department acts under an appeal initiated by the county
auditor under section 14 of this chapter, the county auditor.
(4) A taxpayer that owns property that represents at least ten
percent (10%) of the taxable assessed valuation in the political
subdivision.
The petition must be filed in the tax court not more than forty-five (45)
days after the department certifies its action under subsection (f).
(h) The department of local government finance is expressly
directed to complete the duties assigned to it under this section not later
than February 15th of each year for taxes to be collected during that
year.
(i) Subject to the provisions of all applicable statutes, the
department of local government finance may increase a political
subdivision's tax levy to an amount that exceeds the amount originally
fixed by the political subdivision if the increase is:
(1) requested in writing by the officers of the political
subdivision;
(2) either:
(A) based on information first obtained by the political
subdivision after the public hearing under section 3 of this
chapter; or
(B) results from an inadvertent mathematical error made in
determining the levy; and
(3) published by the political subdivision according to a notice
provided by the department.
(j) The department of local government finance shall annually
review the budget by fund of each school corporation not later than
April 1. The department of local government finance shall give the
school corporation written notification specifying any revision,
reduction, or increase the department proposes in the school
corporation's budget by fund. A public hearing is not required in
connection with this review of the budget.
(k) The department of local government finance may hold a hearing
under subsection (c) only if the notice required in IC 6-1.1-17-12
section 12 of this chapter is published at least ten (10) days before the
date of the hearing.
SOURCE: IC 6-1.1-20.6-6.5; (07)HE1084.1.43. -->
SECTION 43. IC 6-1.1-20.6-6.5, AS ADDED BY P.L.162-2006,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 6.5. (a) This subsection applies only to
property taxes first due and payable after December 31, 2006, and
before January 1,
2007, 2008, attributable to qualified residential
property located in Lake County. A person is entitled to a credit each
calendar year under section 7(a) of this chapter against the person's
property tax liability for property taxes first due and payable in that
calendar year attributable to the person's qualified residential property.
However, the county fiscal body may, by ordinance adopted before
January 1, 2007, limit the application of the credit granted by this
subsection to homesteads.
(b) This subsection applies only to property taxes first due and
payable after December 31, 2007, and before January 1, 2010. A
person is entitled to a credit each calendar year under section 7(a) of
this chapter against the person's property tax liability for property taxes
first due and payable in that calendar year attributable to the person's
qualified residential property.
(c) This subsection applies only to property taxes first due and
payable after December 31, 2009. A person is entitled to a credit each
calendar year under section 7(b) of this chapter against the person's
property tax liability for property taxes first due and payable in that
calendar year attributable to the person's real property and personal
property.
SOURCE: IC 6-1.1-20.6-9; (07)HE1084.1.44. -->
SECTION 44. IC 6-1.1-20.6-9, AS AMENDED BY P.L.162-2006,
SECTION 12, AND AS AMENDED BY P.L.2-2006, SECTION 56, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 9. (a) This section applies only
to credits under this chapter against property taxes first due and
payable before January 1, 2007.
(b) The fiscal body of a county may adopt an ordinance to authorize
the county fiscal officer to borrow money repayable over a term not to
exceed five (5) years in an amount sufficient to compensate the
political subdivisions located wholly or in part in the county for the
reduction of property tax collections in a calendar year that results from
the application of the credit under this chapter for that calendar year.
(b) (c) The county fiscal officer shall distribute in a calendar year to
each political subdivision located wholly or in part in the county loan
proceeds under subsection (a) (b) for that calendar year in the amount
by which the property tax collections of the political subdivision in that
calendar year are reduced as a result of the application of the credit
under this chapter for that calendar year.
(c) (d) If the county fiscal officer distributes money to political
subdivisions under subsection (b), (c), the political subdivisions that
receive the distributions shall repay the loan under subsection (a) (b)
over the term of the loan. Each political subdivision that receives a
distribution under subsection (b): (c):
(1) shall:
(A) appropriate for each year in which the loan is to be repaid
an amount sufficient to pay the part of the principal and
interest on the loan attributable to the distribution received by
the political subdivision under subsection (b); (c); and
(B) raise property tax revenue in each year in which the loan
is to be repaid in the amount necessary to meet the
appropriation under clause (A); and
(2) other than the county, shall transfer to the county fiscal officer
money dedicated under this section to repayment of the loan in
time to allow the county to meet the loan repayment schedule.
(d) (e) Property taxes imposed under subsection (c)(1)(B) (d)(1)(B)
are subject to levy limitations under IC 6-1.1-18.5 or IC 6-1.1-19.
IC 20-45-3.
(e) (f) The obligation to:
(1) repay; or
(2) contribute to the repayment of;
the loan under subsection (a) (b) is not a basis for a political
subdivision to obtain an excessive tax levy under IC 6-1.1-18.5 or
IC 6-1.1-19. IC 20-45-6.
(f) (g) The application of the credit under this chapter results in a
reduction of the property tax collections of each political subdivision
in which the credit is applied. A political subdivision may not increase
its property tax levy to make up for that reduction.
(h) The county auditor shall in each calendar year notify each
political subdivision in which the credit under this chapter is applied
of the reduction referred to in subsection (b) subsection (c) for the
political subdivision for that year.
SOURCE: IC 6-1.1-21-2; (07)HE1084.1.45. -->
SECTION 45. IC 6-1.1-21-2, AS AMENDED BY P.L.67-2006,
SECTION 4, AND AS AMENDED BY P.L.2-2006, SECTION 57, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 2. As used in this chapter:
(a) "Taxpayer" means a person who is liable for taxes on property
assessed under this article.
(b) "Taxes" means property taxes payable in respect to property
assessed under this article. The term does not include special
assessments, penalties, or interest, but does include any special charges
which a county treasurer combines with all other taxes in the
preparation and delivery of the tax statements required under
IC 6-1.1-22-8(a).
(c) "Department" means the department of state revenue.
(d) "Auditor's abstract" means the annual report prepared by each
county auditor which under IC 6-1.1-22-5 is to be filed
on or before
March 1 of each year with the auditor of state.
(e) "Mobile home assessments" means the assessments of mobile
homes made under IC 6-1.1-7.
(f) "Postabstract adjustments" means adjustments in taxes made
subsequent to the filing of an auditor's abstract which change
assessments therein or add assessments of omitted property affecting
taxes for such assessment year.
(g) "Total county tax levy" means the sum of:
(1) the remainder of:
(A) the aggregate levy of all taxes for all taxing units in a
county which are to be paid in the county for a stated
assessment year as reflected by the auditor's abstract for the
assessment year, adjusted, however, for any postabstract
adjustments which change the amount of the aggregate levy;
minus
(B) the sum of any increases in property tax levies of taxing
units of the county that result from appeals described in:
(i) IC 6-1.1-18.5-13(4) and IC 6-1.1-18.5-13(5) filed after
December 31, 1982; plus
(ii) the sum of any increases in property tax levies of taxing
units of the county that result from any other appeals
described in IC 6-1.1-18.5-13 filed after December 31,
1983; plus
(iii) IC 6-1.1-18.6-3 (children in need of services and
delinquent children who are wards of the county) (before its
repeal); minus
(C) the total amount of property taxes imposed for the stated
assessment year by the taxing units of the county under the
authority of IC 12-1-11.5 (repealed), IC 12-2-4.5 (repealed),
IC 12-19-5, or IC 12-20-24; minus
(D) the total amount of property taxes to be paid during the
stated assessment year that will be used to pay for interest or
principal due on debt that:
(i) is entered into after December 31, 1983;
(ii) is not debt that is issued under IC 5-1-5 to refund debt
incurred before January 1, 1984; and
(iii) does not constitute debt entered into for the purpose of
building, repairing, or altering school buildings for which
the requirements of IC 20-5-52 (repealed) were satisfied
prior to January 1, 1984; minus
(E) the amount of property taxes imposed in the county for the
stated assessment year under the authority of IC 21-2-6
(repealed) or any citation listed in IC 6-1.1-18.5-9.8 for a
cumulative building fund whose property tax rate was initially
established or reestablished for a stated assessment year that
succeeds the 1983 stated assessment year; minus
(F) the remainder of:
(i) the total property taxes imposed in the county for the
stated assessment year under authority of IC 21-2-6
(repealed) or any citation listed in IC 6-1.1-18.5-9.8 for a
cumulative building fund whose property tax rate was not
initially established or reestablished for a stated assessment
year that succeeds the 1983 stated assessment year; minus
(ii) the total property taxes imposed in the county for the
1984 stated assessment year under the authority of IC 21-2-6
(repealed) or any citation listed in IC 6-1.1-18.5-9.8 for a
cumulative building fund whose property tax rate was not
initially established or reestablished for a stated assessment
year that succeeds the 1983 stated assessment year; minus
(G) the amount of property taxes imposed in the county for the
stated assessment year under:
(i) IC 21-2-15 (before its repeal) or IC 20-46-6 for a capital
projects fund; plus
(ii) IC 6-1.1-19-10 (before its repeal) or IC 20-46-3 for a
racial balance fund; plus
(iii) IC 36-12-12 for a library capital projects fund; plus
(iv) IC 36-10-13-7 for an art association fund; plus
(v) IC 21-2-17 (before its repeal) or IC 20-46-2 for a special
education preschool fund; plus
(vi) IC 21-2-11.6 (before its repeal) or IC 20-46-1 for a
referendum tax levy fund; plus
(vii) an appeal filed under IC 6-1.1-19-5.1 (before its repeal)
or IC 20-45-6-8 for an increase in a school corporation's
maximum permissible general fund tuition support levy for
certain transfer tuition costs; plus
(viii) an appeal filed under IC 6-1.1-19-5.4 (before its
repeal) or IC 20-46-4-10 for an increase in a school
corporation's maximum permissible general transportation
fund levy for transportation operating costs; minus
(H) the amount of property taxes imposed by a school
corporation that is attributable to the passage, after 1983, of a
referendum for an excessive tax levy under IC 6-1.1-19
IC 6-1.1-19-4.5 (before its repeal), including any increases in
these property taxes that are attributable to the adjustment set
forth in IC 6-1.1-19-1.5 (before its repeal), IC 20-45-3, or any
other law; minus
(I) for each township in the county, the lesser of:
(i) the sum of the amount determined in IC 6-1.1-18.5-19(a)
STEP THREE (as effective January 1, 1990) or
IC 6-1.1-18.5-19(b) STEP THREE (as effective January 1,
1990), whichever is applicable, plus the part, if any, of the
township's ad valorem property tax levy for calendar year
1989 that represents increases in that levy that resulted from
an appeal described in IC 6-1.1-18.5-13(4) (as effective
before January 1, 1989), filed after December 31, 1982; or
(ii) the amount of property taxes imposed in the township for
the stated assessment year under the authority of
IC 36-8-13-4; minus
(J) for each participating unit in a fire protection territory
established under IC 36-8-19-1, the amount of property taxes
levied by each participating unit under IC 36-8-19-8 and
IC 36-8-19-8.5 less the maximum levy limit for each of the
participating units that would have otherwise been available
for fire protection services under IC 6-1.1-18.5-3 and
IC 6-1.1-18.5-19 for that same year; minus
(K) for each county, the sum of:
(i) the amount of property taxes imposed in the county for
the repayment of loans under IC 12-19-5-6 (repealed) that is
included in the amount determined under IC 12-19-7-4(a)
STEP SEVEN (as effective January 1, 1995) for property
taxes payable in 1995, or for property taxes payable in each
year after 1995, the amount determined under
IC 12-19-7-4(b) (as effective before March 16, 2004) and
IC 12-19-7-4 (as effective after March 15, 2004); and
(ii) the amount of property taxes imposed in the county
attributable to appeals granted under IC 6-1.1-18.6-3 (before
its repeal) that is included in the amount determined under
IC 12-19-7-4(a) STEP SEVEN (as effective January 1,
1995) for property taxes payable in 1995, or the amount
determined under IC 12-19-7-4(b) (as effective before
March 16, 2004) and IC 12-19-7-4 (as effective after March
15, 2004) for property taxes payable in each year after 1995;
plus
(2) all taxes to be paid in the county in respect to mobile home
assessments currently assessed for the year in which the taxes
stated in the abstract are to be paid; plus
(3) the amounts, if any, of county adjusted gross income taxes that
were applied by the taxing units in the county as property tax
replacement credits to reduce the individual levies of the taxing
units for the assessment year, as provided in IC 6-3.5-1.1; plus
(4) the amounts, if any, by which the maximum permissible ad
valorem property tax levies of the taxing units of the county were
reduced under IC 6-1.1-18.5-3(b) STEP EIGHT for the stated
assessment year; plus
(5) the difference between:
(A) the amount determined in IC 6-1.1-18.5-3(e) STEP FOUR;
minus
(B) the amount the civil taxing units' levies were increased
because of the reduction in the civil taxing units' base year
certified shares under IC 6-1.1-18.5-3(e).
(h) "December settlement sheet" means the certificate of settlement
filed by the county auditor with the auditor of state, as required under
IC 6-1.1-27-3.
(i) "Tax duplicate" means the roll of property taxes which that each
county auditor is required to prepare on or before March 1 of each year
under IC 6-1.1-22-3.
(j) "Eligible property tax replacement amount" is, except as
otherwise provided by law, equal to the sum of the following:
(1) Sixty percent (60%) of the total county tax levy imposed by
each school corporation in a county for its general fund for a
stated assessment year.
(2) Twenty percent (20%) of the total county tax levy (less sixty
percent (60%) of the levy for the general fund of a school
corporation that is part of the total county tax levy) imposed in a
county on real property for a stated assessment year.
(3) Twenty percent (20%) of the total county tax levy (less sixty
percent (60%) of the levy for the general fund of a school
corporation that is part of the total county tax levy) imposed in a
county on tangible personal property, excluding business personal
property, for an assessment year.
(k) "Business personal property" means tangible personal property
(other than real property) that is being:
(1) held for sale in the ordinary course of a trade or business; or
(2) held, used, or consumed in connection with the production of
income.
(l) "Taxpayer's property tax replacement credit amount" means,
except as otherwise provided by law, the sum of the following:
(1) Sixty percent (60%) of a taxpayer's tax liability in a calendar
year for taxes imposed by a school corporation for its general fund
for a stated assessment year.
(2) Twenty percent (20%) of a taxpayer's tax liability for a stated
assessment year for a total county tax levy (less sixty percent
(60%) of the levy for the general fund of a school corporation that
is part of the total county tax levy) on real property.
(3) Twenty percent (20%) of a taxpayer's tax liability for a stated
assessment year for a total county tax levy (less sixty percent
(60%) of the levy for the general fund of a school corporation that
is part of the total county tax levy) on tangible personal property
other than business personal property.
(m) "Tax liability" means tax liability as described in section 5 of
this chapter.
(n) "General school operating levy" means the ad valorem property
tax levy of a school corporation in a county for the school corporation's
general fund.
(o) "Board" refers to the property tax replacement fund board
established under section 10 of this chapter.
SOURCE: IC 6-1.1-22-8; (07)HE1084.1.46. -->
SECTION 46. IC 6-1.1-22-8, AS AMENDED BY P.L.162-2006,
SECTION 15, AND AS AMENDED BY P.L.169-2006, SECTION 10,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 8. (a) The county treasurer shall
either:
(1) mail to the last known address of each person liable for any
property taxes or special assessment, as shown on the tax
duplicate or special assessment records, or to the last known
address of the most recent owner shown in the transfer book a
statement of current and delinquent taxes and special
assessments; or
(2) transmit by written, electronic, or other means to a mortgagee
maintaining an escrow account for a person who is liable for any
property taxes or special assessments, as shown on the tax
duplicate or special assessment records a statement of current and
delinquent taxes and special assessments.
(b) The county treasurer may include the following in the statement:
(1) An itemized listing for each property tax levy, including:
(A) the amount of the tax rate;
(B) the entity levying the tax owed;
and
(C) the dollar amount of the tax owed;
and
(D) the dollar amount of each special assessment owed.
(2) Information designed to inform the taxpayer or mortgagee
clearly and accurately of the manner in which the taxes billed in
the tax statement are to be used.
A form used and the method by which the statement and information,
if any, are transmitted must be approved by the state board of accounts.
The county treasurer may mail or transmit the statement and
information, if any, one (1) time each year at least fifteen (15) days
before the date on which the first or only installment is due. Whenever
a person's tax liability for a year is due in one (1) installment under
IC 6-1.1-7-7 or section 9 of this chapter, a statement that is mailed must
include the date on which the installment is due and denote the amount
of money to be paid for the installment. Whenever a person's tax
liability is due in two (2) installments, a statement that is mailed must
contain the dates on which the first and second installments are due and
denote the amount of money to be paid for each installment.
(c) All payments of property taxes and special assessments shall be
made to the county treasurer. The county treasurer, when authorized by
the board of county commissioners, may open temporary offices for the
collection of taxes in cities and towns in the county other than the
county seat.
(d) Before July 1, 2004, the department of local government finance
shall designate five (5) counties to participate in a pilot program to
implement the requirements of subsection (e). The department shall
immediately notify the county treasurer, county auditor, and county
assessor in writing of the designation under this subsection. The
legislative body of a county not designated for participation in the pilot
program may adopt an ordinance to implement the requirements of
subsection (e). The legislative body shall submit a copy of the
ordinance to the department of local government finance, which shall
monitor the county's implementation of the requirements of subsection
(e) as if the county were a participant in the pilot program. The
requirements of subsection (e) apply:
(1) only in:
(A) a county designated to participate in a pilot program under
this subsection, for property taxes first due and payable after
December 31, 2004, and before January 1, 2008; or
(B) a county adopting an ordinance under this subsection, for
property taxes first due and payable after December 31, 2003,
or December 31, 2004 (as determined in the ordinance), and
before January 1, 2008; and
(2) in all counties for taxes first due and payable after December
31, 2007.
(e) Subject to subsection (d), regardless of whether a county
treasurer transmits a statement of current and delinquent taxes and
special assessments to a person liable for the taxes under subsection
(a)(1) or to a mortgagee under subsection (a)(2), the county treasurer
shall mail the following information to the last known address of each
person liable for the property taxes or special assessments or to the last
known address of the most recent owner shown in the transfer book.
The county treasurer shall mail the information not later than the date
the county treasurer transmits a statement for the property under
subsection (a)(1) or (a)(2). The county treasurer, county auditor, and
county assessor shall cooperate to generate the information to be
included on the form. The information that must be provided is the
following:
(1) A breakdown showing the total property tax and special
assessment liability and the amount of the taxpayer's liability that
will be distributed to each taxing unit in the county.
(2) A comparison showing any change in the assessed valuation
for the property as compared to the previous year.
(3) A comparison showing any change in the property tax and
special assessment liability for the property as compared to the
previous year. The information required under this subdivision
must identify:
(A) the amount of the taxpayer's liability distributable to each
taxing unit in which the property is located in the current year
and in the previous year; and
(B) the percentage change, if any, in the amount of the
taxpayer's liability distributable to each taxing unit in which
the property is located from the previous year to the current
year.
(4) An explanation of the following:
(A) The homestead credit and all property tax deductions.
(B) The procedure and deadline for filing for the homestead
credit and each deduction.
(C) The procedure that a taxpayer must follow to:
(i) appeal a current assessment; or
(ii) petition for the correction of an error related to the
taxpayer's property tax and special assessment liability.
(D) The forms that must be filed for an appeal or a petition
described in clause (C).
The department of local government finance shall provide the
explanation required by this subdivision to each county treasurer.
(5) A checklist that shows:
(A) the homestead credit and all property tax deductions; and
(B) whether the homestead credit and each property tax
deduction applies in the current statement for the property
transmitted under subsection (a)(1) or (a)(2).
(f) The information required to be mailed under subsection (e) must
be simply and clearly presented and understandable to the average
individual.
(g) A county that incurs:
(1) initial computer programming costs directly related to
implementation of the requirements of subsection (e); or
(2) printing costs directly related to mailing information under
subsection (e);
shall submit an itemized statement of the costs to the department of
local government finance for reimbursement from the state. The
treasurer of state shall pay a claim approved by the department of local
government finance and submitted under this section on a warrant of
the auditor of state. However, the treasurer of state may not pay any
additional claims under this subsection after the total amount of claims
paid reaches fifty thousand dollars ($50,000).
(h) This section expires January 1, 2008.
SOURCE: IC 6-1.1-22-9; (07)HE1084.1.47. -->
SECTION 47. IC 6-1.1-22-9, AS AMENDED BY P.L.67-2006,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 9. (a) Except as provided in subsections (b)
and (c) the property taxes assessed for a year under this article are due
in two (2) equal installments on May 10 and November 10 of the
following year.
(b) Subsection (a) does not apply if any of the following apply to the
property taxes assessed for the year under this article:
(1) Subsection (c).
(2) Subsection (d).
(3) IC 6-1.1-7-7.
(4) Section 9.5 of this chapter.
(c) A county council may adopt an ordinance to require a person to
pay the person's property tax liability in one (1) installment, if the tax
liability for a particular year is less than twenty-five dollars ($25). If the
county council has adopted such an ordinance, then whenever a tax
statement mailed under section 8 of this chapter shows that the person's
property tax liability for a year is less than twenty-five dollars ($25) for
the property covered by that statement, the tax liability for that year is
due in one (1) installment on May 10 of that year.
(d) If the county treasurer receives a copy of an appeal petition
under IC 6-1.1-18.5-12(g) or IC 6-1.1-19-2(g) before the county
treasurer mails or transmits statements under section 8(a) of this
chapter, the county
auditor treasurer may:
(1) mail or transmit the statements without regard to the pendency
of the appeal and, if the resolution of the appeal by the department
of local government finance results in changes in levies, mail or
transmit reconciling statements under subsection (e); or
(2) delay the mailing or transmission of statements under section
8(a) of this chapter so that:
(A) the due date of the first installment that would otherwise
be due under subsection (a) is delayed by not more than sixty
(60) days; and
(B) all statements reflect any changes in levies that result from
the resolution of the appeal by the department of local
government finance.
(e) A reconciling statement under subsection (d)(1) must indicate:
(1) the total amount due for the year;
(2) the total amount of the installments paid that did not reflect
the resolution of the appeal under IC 6-1.1-18.5-12(g) or
IC 6-1.1-19-2(g) by the department of local government finance;
(3) if the amount under subdivision (1) exceeds the amount under
subdivision (2), the adjusted amount that is payable by the
taxpayer:
(A) as a final reconciliation of all amounts due for the year;
and
(B) not later than:
(i) November 10; or
(ii) the date or dates established under section 9.5 of this
chapter; and
(4) if the amount under subdivision (2) exceeds the amount under
subdivision (1), that the taxpayer may claim a refund of the excess
under IC 6-1.1-26.
(f) If property taxes are not paid on or before the due date, the
penalties prescribed in IC 6-1.1-37-10 shall be added to the delinquent
taxes.
(g) Notwithstanding any other law, a property tax liability of less
than five dollars ($5) is increased to five dollars ($5). The difference
between the actual liability and the five dollar ($5) amount that appears
on the statement is a statement processing charge. The statement
processing charge is considered a part of the tax liability.
SOURCE: IC 6-1.1-22-9.5; (07)HE1084.1.48. -->
SECTION 48. IC 6-1.1-22-9.5, AS AMENDED BY P.L.67-2006,
SECTION 8, AND AS AMENDED BY P.L.2-2006, SECTION 65, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 9.5. (a) This section applies
only to property taxes first due and payable in a year that begins after
December 31, 2003:
(1) with respect to a homestead (as defined in IC 6-1.1-20.9-1);
and
(2) that are not payable in one (1) installment under section 9(b)
9(c) of this chapter.
(b) At any time before the mailing or transmission of tax statements
for a year under section 8 of this chapter, a county may petition the
department of local government finance to establish a schedule of
installments for the payment of property taxes with respect to:
(1) real property that are based on the assessment of the property
in the immediately preceding year; or
(2) a mobile home or manufactured home that is not assessed as
real property that are based on the assessment of the property in
the current year.
The county fiscal body (as defined in IC 36-1-2-6) the county auditor,
and the county treasurer must approve a petition under this subsection.
(c) The department of local government finance:
(1) may not establish a date for:
(A) an installment payment that is earlier than May 10 of the
year in which the tax statement is mailed or transmitted;
(B) the first installment payment that is later than November
10 of the year in which the tax statement is mailed or
transmitted; or
(C) the last installment payment that is later than May 10 of
the year immediately following the year in which the tax
statement is mailed or transmitted; and
(2) shall:
(A) prescribe the form of the petition under subsection (b);
(B) determine the information required on the form; and
(C) notify the county fiscal body, the county auditor, and the
county treasurer of the department's determination on the
petition not later than twenty (20) days after receiving the
petition.
(d) Revenue from property taxes paid under this section in the year
immediately following the year in which the tax statement is mailed or
transmitted under section 8 of this chapter:
(1) is not considered in the determination of a levy excess under
IC 6-1.1-18.5-17 or IC 6-1.1-19-1.7 IC 20-44-3 for the year in
which the property taxes are paid; and
(2) may be:
(A) used to repay temporary loans entered into by a political
subdivision for; and
(B) expended for any other reason by a political subdivision in
the year the revenue is received under an appropriation from;
the year in which the tax statement is mailed or transmitted under
section 8 of this chapter.
SOURCE: IC 6-1.1-24-6.7; (07)HE1084.1.49. -->
SECTION 49. IC 6-1.1-24-6.7, AS AMENDED BY P.L.169-2006,
SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 6.7. (a) The county executive may:
(1) by resolution, identify the property described under section 6
of this chapter that the county executive desires to transfer to a
nonprofit corporation for use for the public good; and
(2) set a date, time, and place for a public hearing to consider the
transfer of the property to a nonprofit corporation.
(b) Notice of the property identified under subsection (a) and the
date, time, and place for the hearing on the proposed transfer of the
property on the list shall be published in accordance with IC 5-3-1. The
notice must include a description of the property by:
(1) legal description; and
(2) parcel number or street address, or both.
The notice must specify that the county executive will accept
applications submitted by nonprofit corporations as provided in
subsection (d) and hear any opposition to a proposed transfer.
(c) After the hearing set under subsection (a), the county executive
shall by resolution make a final determination concerning:
(1) the properties that are to be transferred to a nonprofit
corporation;
(2) the nonprofit corporation to which each property is to be
transferred; and
(3) the terms and conditions of the transfer.
(d) To be eligible to receive property under this section, a nonprofit
corporation must file an application with the county executive. The
application must state the property that the corporation desires to
acquire, the use to be made of the property, and the time period
anticipated for implementation of the use. The application must be
accompanied by documentation verifying the nonprofit status of the
corporation and be signed by an officer of the corporation. If more than
one (1) application for a single property is filed, the county executive
shall determine which application is to be accepted based on the
benefit to be provided to the public and the neighborhood and the
suitability of the stated use for the property and the surrounding area.
(e) After the hearing set under subsection (a) and the final
determination of properties to be transferred under subsection (c),
whichever is applicable, the county executive, on behalf of the county,
shall cause all delinquent taxes, special assessments, penalties, interest,
and costs of sale to be removed from the tax duplicate and the county
auditor to prepare a deed transferring the property to the nonprofit
corporation. The deed shall provide for:
(1) the use to be made of the property;
(2) the time within which the use must be implemented and
maintained;
(3) any other
term terms and conditions that are established by
the county executive; and
(4) the reversion of the property to the county executive if the
grantee nonprofit corporation fails to comply with the terms and
conditions.
If the grantee nonprofit corporation fails to comply with the terms and
conditions of the transfer and title to the property reverts to the county
executive, the property may be retained by the county executive or
disposed of under any of the provisions of this chapter or IC 6-1.1-24,
or both.
SOURCE: IC 6-1.1-37-10; (07)HE1084.1.50. -->
SECTION 50. IC 6-1.1-37-10, AS AMENDED BY P.L.154-2006,
SECTION 55, AND AS AMENDED BY P.L.67-2006, SECTION 11,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 10. (a) Except as provided in
section sections 10.5
and 10.7 of this chapter, if an installment of
property taxes is not completely paid on or before the due date, a
penalty
equal to ten percent (10%) of the amount of delinquent taxes
shall be added to the unpaid portion in the year of the initial
delinquency.
The penalty is equal to an amount determined as follows:
(1) If:
(A) an installment of property taxes is completely paid on or
before the date thirty (30) days after the due date; and
(B) the taxpayer is not liable for delinquent property taxes
first due and payable in a previous year for the same parcel;
the amount of the penalty is equal to five percent (5%) of the
amount of delinquent taxes.
(2) If subdivision (1) does not apply, the amount of the penalty is
equal to ten percent (10%) of the amount of delinquent taxes.
(b) With respect to property taxes due in two (2) equal installments
under IC 6-1.1-22-9(a), on the day immediately following the due dates
in May and November of each year following the year of the initial
delinquency, an additional penalty equal to ten percent (10%) of any
taxes remaining unpaid shall be added. With respect to property taxes
due in installments under IC 6-1.1-22-9.5, an additional penalty equal
to ten percent (10%) of any taxes remaining unpaid shall be added on
the day immediately following each date that succeeds the last
installment due date by:
(1) six (6) months; or
(2) a multiple of six (6) months.
(c) The penalties under subsection (b) are imposed only on the
principal amount of the delinquent taxes.
(d) If the department of local government finance determines that
an emergency has occurred which precludes the mailing of the tax
statement in any county at the time set forth in IC 6-1.1-22-8, the
department shall establish by order a new date on which the installment
of taxes in that county is due and no installment is delinquent if paid by
the date so established.
(e) If any due date falls on a Saturday, a Sunday, a national legal
holiday recognized by the federal government, or a statewide holiday,
the act that must be performed by that date is timely if performed by
the next succeeding day that is not a Saturday, a Sunday, or one (1) of
those holidays.
(f) Subject to subsections (g) and (h), a payment to the county
treasurer is considered to have been paid by the due date if the payment
is:
(1) received on or before the due date to by the county treasurer
or a collecting agent appointed by the county treasurer;
(2) deposited in the United States first class mail:
(A) properly addressed to the principal office of the county
treasurer;
(B) with sufficient postage; and
(C) certified or postmarked by the United States Postal Service
as mailed on or before the due date; or
(3) deposited with a nationally recognized express parcel carrier
and is:
(A) properly addressed to the principal office of the county
treasurer; and
(B) verified by the express parcel carrier as:
(i) paid in full for final delivery; and
(ii) received by the express parcel carrier on or before the
due date;
(4) deposited to be mailed through United States registered mail,
United States certified mail, or United States certificate of
mailing:
(A) properly addressed to the principal office of the county
treasurer;
(B) with sufficient postage; and
(C) with a date of registration, certification, or certificate, as
evidenced by any record authenticated by the United States
Postal Service, on or before the due date; or
(5) made by an electronic fund funds transfer and the taxpayer's
bank account is charged on or before the due date.
For purposes of this subsection, "postmarked" does not mean the date
printed by a postage meter that affixes postage to the envelope or
package containing a payment.
(g) If a payment is mailed through the United States mail and is
physically received after the due date without a legible correct
postmark, the person who mailed the payment is considered to have
made the payment on or before the due date if the person can show by
reasonable evidence that the payment was deposited in the United
States mail on or before the due date.
(h) If a payment is sent via the United States mail or a nationally
recognized express parcel carrier but is not received by the designated
recipient, the person who sent the payment is considered to have made
the payment on or before the due date if the person:
(1) can show by reasonable evidence that the payment was
deposited in the United States mail, or with the express parcel
carrier, on or before the due date; and
(2) makes a duplicate payment within thirty (30) days after the
date the person is notified that the payment was not received.
SOURCE: IC 6-2.5-4-5; (07)HE1084.1.51. -->
SECTION 51. IC 6-2.5-4-5, AS AMENDED BY P.L.162-2006,
SECTION 21, AND AS AMENDED BY P.L.180-2006, SECTION 3,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 5. (a) As used in this section,
a "power subsidiary" means a corporation which is owned or controlled
by one (1) or more public utilities that furnish or sell electrical energy,
natural or artificial gas, water, steam, or steam heat and which produces
power exclusively for the use of those public utilities.
(b) A power subsidiary or a person engaged as a public utility is a
retail merchant making a retail transaction when the subsidiary or
person furnishes or sells electrical energy, natural or artificial gas,
water, steam, or steam heating service to a person for commercial or
domestic consumption.
(c) Notwithstanding subsection (b), a power subsidiary or a person
engaged as a public utility is not a retail merchant making a retail
transaction in any of the following transactions:
(1) The power subsidiary or person provides, installs, constructs,
services, or removes tangible personal property which is used in
connection with the furnishing of the services or commodities
listed in subsection (b).
(2) The power subsidiary or person sells the services or
commodities listed in subsection (b) to another public utility or
power subsidiary described in this section or a person described
in section 6 of this chapter.
(3) The power subsidiary or person sells the services or
commodities listed in subsection (b) to a person for use in
manufacturing, mining, production, refining, oil extraction,
mineral extraction, irrigation, agriculture, or horticulture.
However, this exclusion for sales of the services and commodities
only applies if the services are consumed as an essential and
integral part of an integrated process that produces tangible
personal property and those sales are separately metered for the
excepted uses listed in this subdivision, or if those sales are not
separately metered but are predominately used by the purchaser
for the excepted uses listed in this subdivision.
(4) The power subsidiary or person sells the services or
commodities listed in subsection (b) and all the following
conditions are satisfied:
(A) The services or commodities are sold to a business that
after June 30, 2004:
(i) relocates all or part of its operations to a facility; or
(ii) expands all or part of its operations in a facility;
located in a military base (as defined in IC 36-7-30-1(c)), a
military base reuse area established under IC 36-7-30, the part
of an economic development area established under
IC 36-7-14.5-12.5 that is or formerly was a military base (as
defined in IC 36-7-30-1(c)), a military base recovery site
designated under IC 6-3.1-11.5, or a qualified military base
enhancement area established under IC 36-7-34.
(B) The business uses the services or commodities in the
facility described in clause (A) not later than five (5) years
after the operations that are relocated to the facility or
expanded in the facility commence.
(C) The sales of the services or commodities are separately
metered for use by the relocated or expanded operations.
(D) In the case of a business that uses the services or
commodities in a qualified military base enhancement area
established under IC 36-7-34-4(1), the business must satisfy
at least one (1) of the following criteria:
(i) The business is a participant in the technology transfer
program conducted by the qualified military base (as defined
in IC 36-7-34-3).
(ii) The business is a United States Department of Defense
contractor.
(iii) The business and the qualified military base have a
mutually beneficial relationship evidenced by a
memorandum of understanding between the business and
the United States Department of Defense.
(E) In the case of a business that uses the services or
commodities in a qualified military base enhancement area
established under IC 36-7-34-4(2), the business must satisfy
at least one (1) of the following criteria:
(i) The business is a participant in the technology transfer
program conducted by the qualified military base (as
defined in IC 36-7-34-3).
(ii) The business and the qualified military base have a
mutually beneficial relationship evidenced by a
memorandum of understanding between the business and
the qualified military base (as defined in IC 36-7-34-3).
However, this subdivision does not apply to a business that
substantially reduces or ceases its operations at another location
in Indiana in order to relocate its operations in an area described
in this subdivision, unless the department determines that the
business had existing operations in the area described in this
subdivision and that the operations relocated to the area are an
expansion of the business's operations in the area.
(5) The power subsidiary or person sells services or commodities
that:
(A) are referred to in subsection (b); and
(B) qualify as home energy (as defined in IC 6-2.5-5-16.5);
to a person who acquires the services or commodities after June
30, 2006, and before July 1, 2007, through home energy
assistance (as defined in IC 6-2.5-5-16.5).
SOURCE: IC 6-2.5-7-1; (07)HE1084.1.52. -->
SECTION 52. IC 6-2.5-7-1, AS AMENDED BY P.L.122-2006,
SECTION 2, AND AS AMENDED BY P.L.176-2006, SECTION 1, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 1. (a) The definitions in this
section apply throughout this chapter
.
(b) "Kerosene" has the same meaning as the definition contained in
IC 16-44-2-2.
(c) "Gasoline" has the same meaning as the definition contained in
IC 6-6-1.1-103.
(d) "Special fuel" has the same meaning as the definition contained
in IC 6-6-2.5-22.
(e) "E85" has the meaning set forth in IC 6-6-1.1-103.
(e) (f) "Unit" means the unit of measure, such as a gallon or a liter,
by which gasoline or special fuel is sold.
(f) (g) "Metered pump" means a stationary pump which is capable
of metering the amount of gasoline or special fuel dispensed from it
and which is capable of simultaneously calculating and displaying the
price of the gasoline or special fuel dispensed.
(g) (h) "Indiana gasoline tax" means the tax imposed under
IC 6-6-1.1.
(h) (i) "Indiana special fuel tax" means the tax imposed under
IC 6-6-2.5.
(i) (j) "Federal gasoline tax" means the excise tax imposed under
Section 4081 of the Internal Revenue Code.
(j) (k) "Federal special fuel tax" means the excise tax imposed under
Section 4041 of the Internal Revenue Code.
(k) (l) "Price per unit before the addition of state and federal taxes"
means an amount which equals the remainder of:
(i) (1) the total price per unit; minus
(ii) (2) the state gross retail, Indiana gasoline or special fuel, and
federal gasoline or special fuel taxes which are part of the total
price per unit.
(l) (m) "Total price per unit" means the price per unit at which
gasoline or special fuel is actually sold, including the state gross retail,
Indiana gasoline or special fuel, and federal gasoline or special fuel
taxes which are part of the sales price.
(m) (n) "Distributor" means a person who is the first purchaser of
gasoline from a refiner, a terminal operator, or supplier, regardless of
the location of the purchase.
(n) (o) "Prepayment rate" means a rate per gallon of gasoline
rounded to the nearest one-tenth of one cent ($0.001), determined by
the department
by determining the product of:
(1) the statewide average retail price per gallon of gasoline,
excluding the Indiana and federal gasoline taxes and the Indiana
gross retail tax; multiplied by
(2) the state under section 14 of this chapter for use in
calculating prepayment amounts of gross retail tax
rate;
multiplied by
(3) ninety percent (90%) under section 9 of this chapter.
(o) (p) "Purchase or shipment" means a sale or delivery of gasoline,
but does not include:
(1) an exchange transaction between refiners, terminal operators,
or a refiner and terminal operator; or
(2) a delivery by pipeline, ship, or barge to a refiner or terminal
operator.
(p) (q) "Qualified distributor" means a distributor who:
(1) is a licensed distributor under IC 6-6-1.1; and
(2) holds an unrevoked permit issued under section 7 of this
chapter.
(q) (r) "Refiner" means a person who manufactures or produces
gasoline by any process involving substantially more than the blending
of gasoline.
(r) (s) "Terminal operator" means a person that:
(1) stores gasoline in tanks and equipment used in receiving and
storing gasoline from interstate or intrastate pipelines pending
wholesale bulk reshipment; or
(2) stores gasoline at a boat terminal transfer that is a dock or
tank, or equipment contiguous to a dock or tank, including
equipment used in the unloading of gasoline from a ship or barge
and used in transferring the gasoline to a tank pending wholesale
bulk reshipment.
SOURCE: IC 6-3-1-3.5; (07)HE1084.1.53. -->
SECTION 53. IC 6-3-1-3.5, AS AMENDED BY P.L.184-2006,
SECTION 3, AND AS AMENDED BY P.L.162-2006, SECTION 24,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 3.5. When used in this article,
the term "adjusted gross income" shall mean the following:
(a) In the case of all individuals, "adjusted gross income" (as
defined in Section 62 of the Internal Revenue Code), modified as
follows:
(1) Subtract income that is exempt from taxation under this article
by the Constitution and statutes of the United States.
(2) Add an amount equal to any deduction or deductions allowed
or allowable pursuant to Section 62 of the Internal Revenue Code
for taxes based on or measured by income and levied at the state
level by any state of the United States.
(3) Subtract one thousand dollars ($1,000), or in the case of a
joint return filed by a husband and wife, subtract for each spouse
one thousand dollars ($1,000).
(4) Subtract one thousand dollars ($1,000) for:
(A) each of the exemptions provided by Section 151(c) of the
Internal Revenue Code;
(B) each additional amount allowable under Section 63(f) of
the Internal Revenue Code; and
(C) the spouse of the taxpayer if a separate return is made by
the taxpayer and if the spouse, for the calendar year in which
the taxable year of the taxpayer begins, has no gross income
and is not the dependent of another taxpayer.
(5) Subtract:
(A)
for taxable years beginning after December 31, 2004, one
thousand five hundred dollars ($1,500) for each of the
exemptions allowed under Section 151(c)(1)(B) of the Internal
Revenue Code
for taxable years beginning after December 31,
1996 (as effective January 1, 2004); and
(B) five hundred dollars ($500) for each additional amount
allowable under Section 63(f)(1) of the Internal Revenue Code
if the adjusted gross income of the taxpayer, or the taxpayer
and the taxpayer's spouse in the case of a joint return, is less
than forty thousand dollars ($40,000).
This amount is in addition to the amount subtracted under
subdivision (4).
(6) Subtract an amount equal to the lesser of:
(A) that part of the individual's adjusted gross income (as
defined in Section 62 of the Internal Revenue Code) for that
taxable year that is subject to a tax that is imposed by a
political subdivision of another state and that is imposed on or
measured by income; or
(B) two thousand dollars ($2,000).
(7) Add an amount equal to the total capital gain portion of a
lump sum distribution (as defined in Section 402(e)(4)(D) of the
Internal Revenue Code) if the lump sum distribution is received
by the individual during the taxable year and if the capital gain
portion of the distribution is taxed in the manner provided in
Section 402 of the Internal Revenue Code.
(8) Subtract any amounts included in federal adjusted gross
income under Section 111 of the Internal Revenue Code as a
recovery of items previously deducted as an itemized deduction
from adjusted gross income.
(9) Subtract any amounts included in federal adjusted gross
income under the Internal Revenue Code which amounts were
received by the individual as supplemental railroad retirement
annuities under 45 U.S.C. 231 and which are not deductible under
subdivision (1).
(10) Add an amount equal to the deduction allowed under Section
221 of the Internal Revenue Code for married couples filing joint
returns if the taxable year began before January 1, 1987.
(11) Add an amount equal to the interest excluded from federal
gross income by the individual for the taxable year under Section
128 of the Internal Revenue Code if the taxable year began before
January 1, 1985.
(12) Subtract an amount equal to the amount of federal Social
Security and Railroad Retirement benefits included in a taxpayer's
federal gross income by Section 86 of the Internal Revenue Code.
(13) In the case of a nonresident taxpayer or a resident taxpayer
residing in Indiana for a period of less than the taxpayer's entire
taxable year, the total amount of the deductions allowed pursuant
to subdivisions (3), (4), (5), and (6) shall be reduced to an amount
which bears the same ratio to the total as the taxpayer's income
taxable in Indiana bears to the taxpayer's total income.
(14) In the case of an individual who is a recipient of assistance
under IC 12-10-6-1, IC 12-10-6-2.1, IC 12-15-2-2, or IC 12-15-7,
subtract an amount equal to that portion of the individual's
adjusted gross income with respect to which the individual is not
allowed under federal law to retain an amount to pay state and
local income taxes.
(15) In the case of an eligible individual, subtract the amount of
a Holocaust victim's settlement payment included in the
individual's federal adjusted gross income.
(16) For taxable years beginning after December 31, 1999,
subtract an amount equal to the portion of any premiums paid
during the taxable year by the taxpayer for a qualified long term
care policy (as defined in IC 12-15-39.6-5) for the taxpayer or the
taxpayer's spouse, or both.
(17) Subtract an amount equal to the lesser of:
(A) for a taxable year:
(i) including any part of 2004, the amount determined under
subsection (f); and
(ii) beginning after December 31, 2004, two thousand five
hundred dollars ($2,500); or
(B) the amount of property taxes that are paid during the
taxable year in Indiana by the individual on the individual's
principal place of residence.
(18) Subtract an amount equal to the amount of a September 11
terrorist attack settlement payment included in the individual's
federal adjusted gross income.
(19) Add or subtract the amount necessary to make the adjusted
gross income of any taxpayer that owns property for which bonus
depreciation was allowed in the current taxable year or in an
earlier taxable year equal to the amount of adjusted gross income
that would have been computed had an election not been made
under Section 168(k) of the Internal Revenue Code to apply bonus
depreciation to the property in the year that it was placed in
service.
(20) Add an amount equal to any deduction allowed under
Section 172 of the Internal Revenue Code.
(21) Add or subtract the amount necessary to make the adjusted
gross income of any taxpayer that placed Section 179 property (as
defined in Section 179 of the Internal Revenue Code) in service
in the current taxable year or in an earlier taxable year equal to
the amount of adjusted gross income that would have been
computed had an election for federal income tax purposes not
been made for the year in which the property was placed in
service to take deductions under Section 179 of the Internal
Revenue Code in a total amount exceeding twenty-five thousand
dollars ($25,000).
(22) Add an amount equal to the amount that a taxpayer claimed
as a deduction for domestic production activities for the taxable
year under Section 199 of the Internal Revenue Code for federal
income tax purposes.
(b) In the case of corporations, the same as "taxable income" (as
defined in Section 63 of the Internal Revenue Code) adjusted as
follows:
(1) Subtract income that is exempt from taxation under this article
by the Constitution and statutes of the United States.
(2) Add an amount equal to any deduction or deductions allowed
or allowable pursuant to Section 170 of the Internal Revenue
Code.
(3) Add an amount equal to any deduction or deductions allowed
or allowable pursuant to Section 63 of the Internal Revenue Code
for taxes based on or measured by income and levied at the state
level by any state of the United States.
(4) Subtract an amount equal to the amount included in the
corporation's taxable income under Section 78 of the Internal
Revenue Code.
(5) Add or subtract the amount necessary to make the adjusted
gross income of any taxpayer that owns property for which bonus
depreciation was allowed in the current taxable year or in an
earlier taxable year equal to the amount of adjusted gross income
that would have been computed had an election not been made
under Section 168(k) of the Internal Revenue Code to apply bonus
depreciation to the property in the year that it was placed in
service.
(6) Add an amount equal to any deduction allowed under Section
172 of the Internal Revenue Code.
(7) Add or subtract the amount necessary to make the adjusted
gross income of any taxpayer that placed Section 179 property (as
defined in Section 179 of the Internal Revenue Code) in service
in the current taxable year or in an earlier taxable year equal to
the amount of adjusted gross income that would have been
computed had an election for federal income tax purposes not
been made for the year in which the property was placed in
service to take deductions under Section 179 of the Internal
Revenue Code in a total amount exceeding twenty-five thousand
dollars ($25,000).
(8) Add an amount equal to the amount that a taxpayer claimed as
a deduction for domestic production activities for the taxable year
under Section 199 of the Internal Revenue Code for federal
income tax purposes.
(9) Add to the extent required by IC 6-3-2-20 the amount of
intangible expenses (as defined in IC 6-3-2-20) and any directly
related intangible interest expenses (as defined in IC 6-3-2-20)
for the taxable year that reduced the corporation's taxable
income (as defined in Section 63 of the Internal Revenue Code)
for federal income tax purposes.
(c) In the case of life insurance companies (as defined in Section
816(a) of the Internal Revenue Code) that are organized under Indiana
law, the same as "life insurance company taxable income" (as defined
in Section 801 of the Internal Revenue Code), adjusted as follows:
(1) Subtract income that is exempt from taxation under this article
by the Constitution and statutes of the United States.
(2) Add an amount equal to any deduction allowed or allowable
under Section 170 of the Internal Revenue Code.
(3) Add an amount equal to a deduction allowed or allowable
under Section 805 or Section 831(c) of the Internal Revenue Code
for taxes based on or measured by income and levied at the state
level by any state.
(4) Subtract an amount equal to the amount included in the
company's taxable income under Section 78 of the Internal
Revenue Code.
(5) Add or subtract the amount necessary to make the adjusted
gross income of any taxpayer that owns property for which bonus
depreciation was allowed in the current taxable year or in an
earlier taxable year equal to the amount of adjusted gross income
that would have been computed had an election not been made
under Section 168(k) of the Internal Revenue Code to apply bonus
depreciation to the property in the year that it was placed in
service.
(6) Add an amount equal to any deduction allowed under Section
172 or Section 810 of the Internal Revenue Code.
(7) Add or subtract the amount necessary to make the adjusted
gross income of any taxpayer that placed Section 179 property (as
defined in Section 179 of the Internal Revenue Code) in service
in the current taxable year or in an earlier taxable year equal to
the amount of adjusted gross income that would have been
computed had an election for federal income tax purposes not
been made for the year in which the property was placed in
service to take deductions under Section 179 of the Internal
Revenue Code in a total amount exceeding twenty-five thousand
dollars ($25,000).
(8) Add an amount equal to the amount that a taxpayer claimed as
a deduction for domestic production activities for the taxable year
under Section 199 of the Internal Revenue Code for federal
income tax purposes.
(d) In the case of insurance companies subject to tax under Section
831 of the Internal Revenue Code and organized under Indiana law, the
same as "taxable income" (as defined in Section 832 of the Internal
Revenue Code), adjusted as follows:
(1) Subtract income that is exempt from taxation under this article
by the Constitution and statutes of the United States.
(2) Add an amount equal to any deduction allowed or allowable
under Section 170 of the Internal Revenue Code.
(3) Add an amount equal to a deduction allowed or allowable
under Section 805 or Section 831(c) of the Internal Revenue Code
for taxes based on or measured by income and levied at the state
level by any state.
(4) Subtract an amount equal to the amount included in the
company's taxable income under Section 78 of the Internal
Revenue Code.
(5) Add or subtract the amount necessary to make the adjusted
gross income of any taxpayer that owns property for which bonus
depreciation was allowed in the current taxable year or in an
earlier taxable year equal to the amount of adjusted gross income
that would have been computed had an election not been made
under Section 168(k) of the Internal Revenue Code to apply bonus
depreciation to the property in the year that it was placed in
service.
(6) Add an amount equal to any deduction allowed under Section
172 of the Internal Revenue Code.
(7) Add or subtract the amount necessary to make the adjusted
gross income of any taxpayer that placed Section 179 property (as
defined in Section 179 of the Internal Revenue Code) in service
in the current taxable year or in an earlier taxable year equal to
the amount of adjusted gross income that would have been
computed had an election for federal income tax purposes not
been made for the year in which the property was placed in
service to take deductions under Section 179 of the Internal
Revenue Code in a total amount exceeding twenty-five thousand
dollars ($25,000).
(8) Add an amount equal to the amount that a taxpayer claimed as
a deduction for domestic production activities for the taxable year
under Section 199 of the Internal Revenue Code for federal
income tax purposes.
(e) In the case of trusts and estates, "taxable income" (as defined for
trusts and estates in Section 641(b) of the Internal Revenue Code)
adjusted as follows:
(1) Subtract income that is exempt from taxation under this article
by the Constitution and statutes of the United States.
(2) Subtract an amount equal to the amount of a September 11
terrorist attack settlement payment included in the federal
adjusted gross income of the estate of a victim of the September
11 terrorist attack or a trust to the extent the trust benefits a victim
of the September 11 terrorist attack.
(3) Add or subtract the amount necessary to make the adjusted
gross income of any taxpayer that owns property for which bonus
depreciation was allowed in the current taxable year or in an
earlier taxable year equal to the amount of adjusted gross income
that would have been computed had an election not been made
under Section 168(k) of the Internal Revenue Code to apply bonus
depreciation to the property in the year that it was placed in
service.
(4) Add an amount equal to any deduction allowed under Section
172 of the Internal Revenue Code.
(5) Add or subtract the amount necessary to make the adjusted
gross income of any taxpayer that placed Section 179 property (as
defined in Section 179 of the Internal Revenue Code) in service
in the current taxable year or in an earlier taxable year equal to
the amount of adjusted gross income that would have been
computed had an election for federal income tax purposes not
been made for the year in which the property was placed in
service to take deductions under Section 179 of the Internal
Revenue Code in a total amount exceeding twenty-five thousand
dollars ($25,000).
(6) Add an amount equal to the amount that a taxpayer claimed as
a deduction for domestic production activities for the taxable year
under Section 199 of the Internal Revenue Code for federal
income tax purposes.
(f) This subsection applies only to the extent that an individual paid
property taxes in 2004 that were imposed for the March 1, 2002,
assessment date or the January 15, 2003, assessment date. The
maximum amount of the deduction under subsection (a)(17) is equal
to the amount determined under STEP FIVE of the following formula:
STEP ONE: Determine the amount of property taxes that the
taxpayer paid after December 31, 2003, in the taxable year for
property taxes imposed for the March 1, 2002, assessment date
and the January 15, 2003, assessment date.
STEP TWO: Determine the amount of property taxes that the
taxpayer paid in the taxable year for the March 1, 2003,
assessment date and the January 15, 2004, assessment date.
STEP THREE: Determine the result of the STEP ONE amount
divided by the STEP TWO amount.
STEP FOUR: Multiply the STEP THREE amount by two
thousand five hundred dollars ($2,500).
STEP FIVE: Determine the sum of the STEP FOUR amount and
two thousand five hundred dollars ($2,500).
SOURCE: IC 6-3.1-9-1; (07)HE1084.1.54. -->
SECTION 54. IC 6-3.1-9-1, AS AMENDED BY P.L.1-2006,
SECTION 140, AND AS AMENDED BY P.L.181-2006, SECTION
44, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 1.
(a) As used in this chapter,
"authority" means the Indiana housing and community development
authority established by IC 5-20-1-3.
(b) As used in this chapter,
"business firm" means any business
entity authorized to do business in the state of Indiana that has state tax
liability.
(c) As used in this chapter, "community services" means any type
of
:
(1) counseling and advice;
(2) emergency assistance;
(3) medical care;
(4) recreational facilities;
(5) housing facilities; or
(6) economic development assistance;
provided to individuals,
economically disadvantaged households,
groups, or neighborhood organizations in an economically
disadvantaged area.
(d) As used in this chapter, "crime prevention" means any activity
which aids in the reduction of crime in an economically disadvantaged
area
or an economically disadvantaged household.
(e) As used in this chapter, "economically disadvantaged area"
means an enterprise zone, or any
area in Indiana that is certified as an
other federally or locally designated economically disadvantaged area
by the Indiana housing and community development authority after
consultation with the community services agency in Indiana. The
certification shall be made on the basis of current indices of social and
economic conditions, which shall include but not be limited to the
median per capita income of the area in relation to the median per
capita income of the state or standard metropolitan statistical area in
which the area is located.
(f) As used in this chapter, "economically disadvantaged
household" means a household with an annual income that is at or
below eighty percent (80%) of the area median income or any other
federally designated target population.
(g) As used in this chapter, "education" means any type of scholastic
instruction or scholarship assistance to an individual who resides in an
economically disadvantaged area that enables the individual to prepare
for better life opportunities.
(h) As used in this chapter, "enterprise zone" means an enterprise
zone created under IC 5-28-15.
(i) As used in this chapter, "job training" means any type of
instruction to an individual who resides in:
(1) an economically disadvantaged area; or
(2) an economically disadvantaged household;
that enables the individual to acquire vocational skills so that the
individual can become employable or be able to seek a higher grade of
employment.
(j) As used in this chapter, "neighborhood assistance" means either:
(1) furnishing financial assistance, labor, material, and technical
advice to aid in the physical or economic improvement of any part
or all of an economically disadvantaged area; or
(2) furnishing technical advice to promote higher employment in
any neighborhood in Indiana.
(k) As used in this chapter, "neighborhood organization" means any
organization, including but not limited to a nonprofit development
corporation doing both of the following:
(1) Performing community services:
(A) in an economically disadvantaged area; and or
(B) for an economically disadvantaged household.
(2) Holding a ruling:
(A) from the Internal Revenue Service of the United States
Department of the Treasury that the organization is exempt
from income taxation under the provisions of the Internal
Revenue Code; and
(B) from the department of state revenue that the organization
is exempt from income taxation under IC 6-2.5-5-21.
(l) As used in this chapter, "person" means any individual subject to
Indiana gross or adjusted gross income tax.
(m) As used in this chapter, "state fiscal year" means a twelve (12)
month period beginning on July 1 and ending on June 30.
(n) As used in this chapter, "state tax liability" means the taxpayer's
total tax liability that is incurred under:
(1) IC 6-3-1 through IC 6-3-7 (the adjusted gross income tax); and
(2) IC 6-5.5 (the financial institutions tax);
as computed after the application of the credits that, under
IC 6-3.1-1-2, are to be applied before the credit provided by this
chapter.
(o) As used in this chapter, "tax credit" means a deduction from any
tax otherwise due and payable under IC 6-3 or IC 6-5.5.
SOURCE: IC 6-3.1-9-2; (07)HE1084.1.55. -->
SECTION 55. IC 6-3.1-9-2, AS ADDED BY P.L.1-2006, SECTION
141, AND AS AMENDED BY P.L.181-2006, SECTION 45, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 2. (a) A business firm or a
person who contributes to a neighborhood organization or who that
engages in the activities of providing neighborhood assistance, job
training, or education for individuals not employed by the business firm
or person, or for community services or crime prevention in an
economically disadvantaged area shall receive a tax credit as provided
in section 3 of this chapter if the Indiana housing and community
development authority approves the proposal of the business firm or
person, setting forth the program to be conducted, the area selected, the
estimated amount to be invested in the program, and the plans for
implementing the program.
(b) The Indiana housing and community development authority,
after consultation with the community services agency and the
commissioner of revenue, may adopt rules for the approval or
disapproval of these proposals.
SOURCE: IC 6-3.1-9-4; (07)HE1084.1.56. -->
SECTION 56. IC 6-3.1-9-4, AS AMENDED BY P.L.1-2006,
SECTION 142, AND AS AMENDED BY P.L.181-2006, SECTION
46, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 4. (a) Any business firm or
person which desires to claim a tax credit as provided in this chapter
shall file with the department, in the form that the department may
prescribe, an application stating the amount of the contribution or
investment which it proposes to make which would qualify for a tax
credit, and the amount sought to be claimed as a credit. The application
shall include a certificate evidencing approval of the contribution or
program by the
Indiana housing and community development authority.
(b) The
Indiana housing and community development authority
shall give priority in issuing certificates to applicants whose
contributions or programs directly benefit enterprise zones.
(c) The department shall promptly notify an applicant whether, or
the extent to which, the tax credit is allowable in the state fiscal year in
which the application is filed, as provided in section 5 of this chapter.
If the credit is allowable in that state fiscal year, the applicant shall
within thirty (30) days after receipt of the notice file with the
department of state revenue a statement, in the form and accompanied
by the proof of payment as the department may prescribe, setting forth
that the amount to be claimed as a credit under this chapter has been
paid to an organization for an approved program or purpose, or
permanently set aside in a special account to be used solely for an
approved program or purpose.
(d) The department may disallow any credit claimed under this
chapter for which the statement or proof of payment is not filed within
the thirty (30) day period.
SOURCE: IC 6-3.1-11.6-9; (07)HE1084.1.57. -->
SECTION 57. IC 6-3.1-11.6-9, AS AMENDED BY P.L.180-2006,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 9. (a) Subject to subsection subsections (c)
and (d), a taxpayer is entitled to a credit against the taxpayer's state tax
liability for a taxable year if the taxpayer makes a qualified investment
in that taxable year.
(b) The amount of the credit to which a taxpayer is entitled is the
percentage determined under section 12 of this chapter multiplied by
the amount of the qualified investment made by the taxpayer during the
taxable year.
(c) This subsection applies to a taxpayer making a qualified
investment in a business located in a qualified military base
enhancement area established under IC 36-7-34-4(1). To qualify for a
credit under this chapter, the taxpayer's qualified investment must be
in a business that satisfies at least one (1) of the following criteria:
(1) The business is a participant in the technology transfer
program conducted by the qualified military base (as defined in
IC 36-7-34-3).
(2) The business is a United States Department of Defense
contractor.
(3) The business and the qualified military base have a mutually
beneficial relationship evidenced by a memorandum of
understanding between the business and the United States
Department of Defense.
(d) This subsection applies to a taxpayer making a qualified
investment in a business located in a qualified military base
enhancement area established under IC 36-7-34-4(2). To qualify for a
credit under this chapter, the taxpayer's qualified investment must be
in a business that satisfies at least one (1) of the following criteria:
(1) The business is a participant in the technology transfer
program conducted by the qualified military base (as defined in
IC 36-7-34-3).
(2) The business and the qualified military base have a mutually
beneficial relationship evidenced by a memorandum of
understanding between the business and the qualified military
base (as defined in IC 36-7-34-3).
SOURCE: IC 6-3.1-30-8; (07)HE1084.1.58. -->
SECTION 58. IC 6-3.1-30-8, AS AMENDED BY P.L.137-2006,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 8. (a) A taxpayer that:
(1) is an eligible business;
(2) completes a qualifying project;
(3) incurs relocation costs; and
(4) employees employs at least seventy-five (75) employees in
Indiana;
is entitled to a credit against the taxpayer's state tax liability for the
taxable year in which the relocation costs are incurred. The credit
allowed under this section is equal to the amount determined under
section 9 of this chapter.
(b) For purposes of establishing the employment level required by
subsection (a)(4), a taxpayer may include:
(1) individuals who:
(A) were employed in Indiana by the taxpayer before the
taxpayer commenced a qualifying project; and
(B) remain employed in Indiana after the completion of the
taxpayer's qualifying project; and
(2) individuals who:
(A) were not employed in Indiana by the taxpayer before the
taxpayer commenced a qualifying project; and
(B) are employed in Indiana by the taxpayer as a result of the
completion of the taxpayer's qualifying project.
SOURCE: IC 6-3.5-1.1-2.3; (07)HE1084.1.59. -->
SECTION 59. IC 6-3.5-1.1-2.3, AS ADDED BY P.L.162-2006,
SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2.3. (a) This section applies to Jasper County.
(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:
(A) jail facilities;
(B) juvenile court, detention, and probation facilities;
(C) other criminal justice facilities; and
(D) related buildings and parking facilities;
located in the county, including costs related to the demolition of
existing buildings and the acquisition of land; and
(2) repay bonds issued or leases entered into for the purposes
described in subdivision (1).
(c) The county council may, by ordinance, determine that additional
county adjusted gross income tax revenue is needed in the county to
operate or maintain any of the facilities described in subsection
(b)(1)(A) through (b)(1)(D) that are located in the county. The county
council may make a determination under both this subsection and
subsection (b).
(d) In addition to the rates permitted by section 2 of this chapter, the
county council may impose the county adjusted gross income tax at a
rate of:
(1) fifteen-hundredths percent (0.15%);
(2) two-tenths percent (0.2%); or
(3) twenty-five hundredths percent (0.25%);
on the adjusted gross income of county taxpayers if the county council
makes a finding and determination set forth in subsection (b) or (c).
(e) If the county council imposes the tax under this section to pay
for the purposes described in both subsections (b) and (c), when:
(1) the financing, construction, acquisition, improvement,
renovation, and equipping described in subsection (b) are
completed; and
(2) all bonds issued or leases entered into to finance the
construction, acquisition, improvement, renovation, and
equipping described in subsection (b) are fully paid;
the county council shall, subject to subsection (d), establish a tax rate
under this section by ordinance such that the revenue from the tax does
not exceed the costs of operating and maintaining the jail facilities
described in subsection (b)(1)(A). The tax rate may not be imposed at
a rate greater than is necessary to carry out the purposes described in
subsections (b) and (c), as applicable.
(f) An ordinance adopted under this section before June 1, 2006, or
April 1 in a subsequent year applies to the imposition of county income
taxes after June 30 in that year. An ordinance adopted under this
section after May 31, 2006, and March 31 of a subsequent year initially
applies to the imposition of county option income taxes after June 30
of the immediately following year.
(g) The tax imposed under this section may be imposed only until
the latest of the following:
(1) The date on which the financing, construction, acquisition,
improvement, renovation, and equipping described in subsection
(b) are completed.
(2) 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.
(3) The date on which an ordinance adopted under subsection (c)
is rescinded.
(h) The term of the bonds issued (including any refunding bonds) or
a lease entered into under subsection (b)(2) may not exceed twenty (20)
years.
(i) The county treasurer shall establish a criminal justice facilities
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 criminal justice
facilities revenue fund before making a certified distribution under
section 11 of this chapter.
(j) County adjusted gross income tax revenues derived from the tax
rate imposed under this section:
(1) may be used only for the purposes described in this section;
(2) may not be considered by the department of local government
finance in determining the county's maximum permissible
property tax levy limit under IC 6-1.1-18.5; and
(3) may be pledged to the repayment of bonds issued or leases
entered into for any or all the purposes described in subsection
(b).
(k) Notwithstanding any other law, money remaining in the criminal
justice facilities revenue fund established under subsection (i) after the
tax imposed by this section is terminated under
subsection (f)
subsection (g) shall be transferred to the county highway fund to be
used for construction, resurfacing, restoration, and rehabilitation of
county highways, roads, and bridges.
SOURCE: IC 6-3.5-1.1-10; (07)HE1084.1.60. -->
SECTION 60. IC 6-3.5-1.1-10, AS AMENDED BY P.L.147-2006,
SECTION 2, AND AS AMENDED BY P.L.162-2006, SECTION 29,
AND AS AMENDED BY P.L.2-2006, SECTION 68, IS CORRECTED
AND AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON
PASSAGE]: Sec. 10. (a) Except as provided in subsection (b), one-half
(1/2) of each adopting county's certified distribution for a calendar year
shall be distributed from its account established under section 8 of this
chapter to the appropriate county treasurer on May 1 and the other
one-half (1/2) on November 1 of that calendar year.
(b) This subsection applies to a county having a population of more
than one hundred forty-five thousand (145,000) but less than one
hundred forty-eight thousand (148,000). Notwithstanding section 9 of
this chapter, the initial certified distribution certified for a county under
section 9 of this chapter shall be distributed to the county treasurer
from the account established for the county under section 8 of this
chapter according to the following schedule during the eighteen (18)
month period beginning on July 1 of the year in which the county
initially adopts an ordinance under section 2 of this chapter:
(1) One-fourth (1/4) on October 1 of the calendar year in which
the ordinance was adopted.
(2) One-fourth (1/4) on January 1 of the calendar year following
the year in which the ordinance was adopted.
(3) One-fourth (1/4) on May 1 of the calendar year following the
year in which the ordinance was adopted.
(4) One-fourth (1/4) on November 1 of the calendar year
following the year in which the ordinance was adopted.
Notwithstanding section 11 of this chapter, the part of the certified
distribution received under subdivision (1) that would otherwise be
allocated to a civil taxing unit or school corporation as property tax
replacement credits under section 11 of this chapter shall be set aside
and treated for the calendar year when received by the civil taxing unit
or school corporation as a levy excess subject to IC 6-1.1-18.5-17 or
IC 6-1.1-19-1.7. IC 20-44-3. Certified distributions made to the county
treasurer for calendar years following the eighteen (18) month period
described in this subsection shall be made as provided in subsection
(a).
(c) Except for:
(1) revenue that must be used to pay the costs of:
(A) financing, constructing, acquiring, improving, renovating,
equipping, operating, or maintaining facilities and buildings;
(B) debt service on bonds; or
(C) lease rentals;
under section 2.3 of this chapter;
(1) (2) revenue that must be used to pay the costs of operating a
jail and juvenile detention center under section 2.5(d) of this
chapter;
(2) (3) revenue that must be used to pay the costs of:
(A) financing, constructing, acquiring, improving, renovating,
or equipping, operating, or maintaining facilities and
buildings;
(B) debt service on bonds; or
(C) lease rentals;
under section 2.8 of this chapter;
(3) (4) revenue that must be used to pay the costs of construction,
improvement, renovation, or remodeling of a jail and related
buildings and parking structures under section 2.7, 2.9, or 3.3 of
this chapter;
(4) (5) revenue that must be used to pay the costs of operating and
maintaining a jail and justice center under section 3.5(d) of this
chapter; or
(5) (6) revenue that must be used to pay the costs of constructing,
acquiring, improving, renovating, or equipping a county
courthouse under section 3.6 of this chapter;
distributions made to a county treasurer under subsections (a) and (b)
shall be treated as though they were property taxes that were due and
payable during that same calendar year. Except as provided by
subsection (b), the certified distribution shall be distributed and used
by the taxing units and school corporations as provided in sections 11
through 15 of this chapter.
(d) All distributions from an account established under section 8 of
this chapter shall be made by warrants issued by the auditor of the state
to the treasurer of the state ordering the appropriate payments.
SOURCE: IC 6-3.5-1.1-11; (07)HE1084.1.61. -->
SECTION 61. IC 6-3.5-1.1-11, AS AMENDED BY P.L.147-2006,
SECTION 3, AND AS AMENDED BY P.L.162-2006, SECTION 30,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 11. (a) Except for:
(1) revenue that must be used to pay the costs of:
(A) financing, constructing, acquiring, improving, renovating,
equipping, operating, or maintaining facilities and buildings;
(B) debt service on bonds; or
(C) lease rentals;
under section 2.3 of this chapter;
(1) (2) revenue that must be used to pay the costs of operating a
jail and juvenile detention center under section 2.5(d) of this
chapter;
(2) (3) revenue that must be used to pay the costs of:
(A) financing, constructing, acquiring, improving, renovating,
or equipping, operating, or maintaining facilities and
buildings;
(B) debt service on bonds; or
(C) lease rentals;
under section 2.8 of this chapter;
(3) (4) revenue that must be used to pay the costs of construction,
improvement, renovation, or remodeling of a jail and related
buildings and parking structures under section 2.7, 2.9, or 3.3 of
this chapter;
(4) (5) revenue that must be used to pay the costs of operating and
maintaining a jail and justice center under section 3.5(d) of this
chapter; or
(5) (6) revenue that must be used to pay the costs of constructing,
acquiring, improving, renovating, or equipping a county
courthouse under section 3.6 of this chapter;
the certified distribution received by a county treasurer shall, in the
manner prescribed in this section, be allocated, distributed, and used
by the civil taxing units and school corporations of the county as
certified shares and property tax replacement credits.
(b) Before August 10 of each calendar year, each county auditor
shall determine the part of the certified distribution for the next
succeeding calendar year that will be allocated as property tax
replacement credits and the part that will be allocated as certified
shares. The percentage of a certified distribution that will be allocated
as property tax replacement credits or as certified shares depends upon
the county adjusted gross income tax rate for resident county taxpayers
in effect on August 1 of the calendar year that precedes the year in
which the certified distribution will be received by two (2) years. The
percentages are set forth in the following table:
PROPERTY
COUNTY
TAX
ADJUSTED GROSS
REPLACEMENT
CERTIFIED
INCOME TAX RATE
CREDITS
SHARES
0.5%
50%
50%
0.75%
33 1/3%
66 2/3%
1%
25%
75%
(c) The part of a certified distribution that constitutes property tax
replacement credits shall be distributed as provided under sections 12,
13, and 14 of this chapter.
(d) The part of a certified distribution that constitutes certified
shares shall be distributed as provided by section 15 of this chapter.
SOURCE: IC 6-3.5-5-1; (07)HE1084.1.62. -->
SECTION 62. IC 6-3.5-5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. As used in this
chapter:
"Branch office" means a branch office of the bureau of motor
vehicles.
"Bus" has the meaning set forth in IC 9-13-2-17(a).
"County council" includes the city-county council of a county that
contains a consolidated city of the first class.
"Political subdivision" has the meaning set forth in IC 34-6-2-110.
"Recreational vehicle" has the meaning set forth in IC 9-13-2-150.
"Semitrailer" has the meaning set forth in IC 9-13-2-164(a).
"State agency" has the meaning set forth in IC 34-4-16.5-2.
IC 34-6-2-141.
"Tractor" has the meaning set forth in IC 9-13-2-180.
"Trailer" has the meaning set forth in IC 9-13-2-184(a).
"Truck" has the meaning set forth in IC 9-13-2-188(a).
"Wheel tax" means the tax imposed under this chapter.
SOURCE: IC 6-3.5-6-18; (07)HE1084.1.63. -->
SECTION 63. IC 6-3.5-6-18, AS AMENDED BY P.L.162-2006,
SECTION 31, AND AS AMENDED BY P.L.184-2006, SECTION 6,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 18. (a) The revenue a county
auditor receives under this chapter shall be used to:
(1) replace the amount, if any, of property tax revenue lost due to
the allowance of an increased homestead credit within the county;
(2) fund the operation of a public communications system and
computer facilities district as provided in an election, if any, made
by the county fiscal body under IC 36-8-15-19(b);
(3) fund the operation of a public transportation corporation as
provided in an election, if any, made by the county fiscal body
under IC 36-9-4-42;
(4) make payments permitted under IC 36-7-15.1-17.5;
(5) make payments permitted under subsection (i);
(6) make distributions of distributive shares to the civil taxing
units of a county; and
(7) make the distributions permitted under
section sections 27, 28,
and 29 of this chapter.
(b) The county auditor shall retain from the payments of the county's
certified distribution, an amount equal to the revenue lost, if any, due
to the increase of the homestead credit within the county. This money
shall be distributed to the civil taxing units and school corporations of
the county as though they were property tax collections and in such a
manner that no civil taxing unit or school corporation shall suffer a net
revenue loss due to the allowance of an increased homestead credit.
(c) The county auditor shall retain:
(1) the amount, if any, specified by the county fiscal body for a
particular calendar year under subsection (i), IC 36-7-15.1-17.5,
IC 36-8-15-19(b), and IC 36-9-4-42 from the county's certified
distribution for that same calendar year; and
(2) the amount of an additional tax rate imposed under section
27,
28, or 29 of this chapter.
The county auditor shall distribute amounts retained under this
subsection to the county.
(d) All certified distribution revenues that are not retained and
distributed under subsections (b) and (c) shall be distributed to the civil
taxing units of the county as distributive shares.
(e) The amount of distributive shares that each civil taxing unit in
a county is entitled to receive during a month equals the product of the
following:
(1) The amount of revenue that is to be distributed as distributive
shares during that month; multiplied by
(2) A fraction. The numerator of the fraction equals the allocation
amount for the civil taxing unit for the calendar year in which the
month falls. The denominator of the fraction equals the sum of the
allocation amounts of all the civil taxing units of the county for
the calendar year in which the month falls.
(f) The department of local government finance shall provide each
county auditor with the fractional amount of distributive shares that
each civil taxing unit in the auditor's county is entitled to receive
monthly under this section.
(g) Notwithstanding subsection (e), if a civil taxing unit of an
adopting county does not impose a property tax levy that is first due
and payable in a calendar year in which distributive shares are being
distributed under this section, that civil taxing unit is entitled to receive
a part of the revenue to be distributed as distributive shares under this
section within the county. The fractional amount such a civil taxing
unit is entitled to receive each month during that calendar year equals
the product of the following:
(1) The amount to be distributed as distributive shares during that
month; multiplied by
(2) A fraction. The numerator of the fraction equals the budget of
that civil taxing unit for that calendar year. The denominator of
the fraction equals the aggregate budgets of all civil taxing units
of that county for that calendar year.
(h) If for a calendar year a civil taxing unit is allocated a part of a
county's distributive shares by subsection (g), then the formula used in
subsection (e) to determine all other civil taxing units' distributive
shares shall be changed each month for that same year by reducing the
amount to be distributed as distributive shares under subsection (e) by
the amount of distributive shares allocated under subsection (g) for that
same month. The department of local government finance shall make
any adjustments required by this subsection and provide them to the
appropriate county auditors.
(i) Notwithstanding any other law, a county fiscal body may pledge
revenues received under this chapter to the payment of bonds or lease
rentals to finance a qualified economic development tax project under
IC 36-7-27 in that county or in any other county if the county fiscal
body determines that the project will promote significant opportunities
for the gainful employment or retention of employment of the county's
residents.
SOURCE: IC 6-3.5-6-29; (07)HE1084.1.64. -->
SECTION 64. IC 6-3.5-6-29, AS ADDED BY P.L.162-2006,
SECTION 32, AND AS ADDED BY P.L.184-2006, SECTION 7, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 29. (a) This section applies only
to Scott County. Scott County is a county in which:
(1) maintaining low property tax rates is essential to economic
development; and
(2) the use of additional county option income tax revenues as
provided in this section, rather than the use of property taxes, to
fund:
(A) the financing, construction, acquisition, improvement,
renovation, equipping, operation, or maintenance of jail
facilities; and
(B) the repayment of bonds issued or leases entered into for
the purposes described in clause (A), except operation or
maintenance;
promotes the purpose of maintaining low property tax rates.
(b) The county fiscal body may impose the county option income tax
on the adjusted gross income of resident county taxpayers at a rate, in
addition to the rates permitted by sections 8 and 9 of this chapter, not
to exceed twenty-five hundredths percent (0.25%). Section 8(e) of this
chapter applies to the application of the additional rate to nonresident
taxpayers.
(c) To impose the county option income tax as provided in this
section, the county fiscal body must adopt an ordinance finding and
determining that additional revenues from the county option income tax
are needed in the county to fund:
(1) the financing, construction, acquisition, improvement,
renovation, equipping, operation, or maintenance of jail facilities;
and
(2) the repayment of bonds issued or leases entered into for the
purposes described in subdivision (1), except operation or
maintenance.
(d) If the county fiscal body makes a determination under subsection
(c), the county fiscal body may adopt an additional tax rate under
subsection (b). Subject to the limitations in subsection (b), the county
fiscal body may amend an ordinance adopted under this section to
increase, decrease, or rescind the additional tax rate imposed under this
section. As soon as practicable after the adoption of an ordinance under
this section, the county fiscal body shall send a certified copy of the
ordinance to the county auditor, the department of local government
finance, and the department. An ordinance adopted under this section
before June 1, 2006, or April 1 in a subsequent year applies to the
imposition of county income taxes after June 30 in that year. An
ordinance adopted under this section after May 31, 2006, and or March
31 of a subsequent year initially applies to the imposition of county
option income taxes after June 30 of the immediately following year.
(e) If the county imposes an additional tax rate under this section,
the county treasurer shall establish a county jail revenue fund to be
used only for the purposes described in this section. County option
income tax revenues derived from the tax rate imposed under this
section shall be deposited in the county jail revenue fund before
making a certified distribution under section 18 of this chapter.
(f) County option income tax revenues derived from an additional
tax rate imposed under this section:
(1) may be used only for the purposes described in this section;
(2) may not be considered by the department of local government
finance in determining the county's maximum permissible
property tax levy limit under IC 6-1.1-18.5; and
(3) may be pledged for the repayment of bonds issued or leases
entered into to fund the purposes described in subsection (c)(1),
except operation or maintenance.
(g) If the county imposes an additional tax rate under this section,
the department, after reviewing the recommendation of the budget
agency, shall adjust the certified distribution of the county to provide
for an increased distribution of taxes in the immediately following
calendar year after the county adopts the increased tax rate and in each
calendar year thereafter. The department shall provide for a full
transition to certification of distributions as provided in section
17(a)(1) through 17(a)(2) of this chapter in the manner provided in
section 17(c) of this chapter.
SOURCE: IC 6-3.5-7-5; (07)HE1084.1.65. -->
SECTION 65. IC 6-3.5-7-5, AS AMENDED BY P.L.162-2006,
SECTION 33, AND AS AMENDED BY P.L.184-2006, SECTION 8,
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), (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),
(p), or (s), or (v), 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), (p), (r), (t), or
(u), 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%);
if the county council makes a determination to impose rates under this
subsection and section 24 of this chapter.
(p) In addition:
(1) the county economic development income tax may be imposed
at a rate that exceeds by not more than twenty-five hundredths
percent (0.25%) the maximum rate that would otherwise apply
under this section; and
(2) the:
(A) county economic development income tax; and
(B) county option income tax or county adjusted gross income
tax;
may be imposed at combined rates that exceed by not more than
twenty-five hundredths percent (0.25%) the maximum combined
rates that would otherwise apply under this section.
However, the additional rate imposed under this subsection may not
exceed the amount necessary to mitigate the increased ad valorem
property taxes on homesteads (as defined in IC 6-1.1-20.9-1)
or
residential property (as defined in section 26 of this chapter), as
appropriate under the ordinance adopted by the adopting body in the
county, resulting from the deduction of the assessed value of inventory
in the county under IC 6-1.1-12-41 or IC 6-1.1-12-42.
(q) If the county economic development income tax is imposed as
authorized under subsection (p) at a rate that exceeds the maximum
rate that would otherwise apply under this section, the certified
distribution must be used for the purpose provided in section 25(e) or
26 of this chapter to the extent that the certified distribution results
from the difference between:
(1) the actual county economic development tax rate; and
(2) the maximum rate that would otherwise apply under this
section.
(r) This subsection applies only to a county described in section 27
of this chapter. 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 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 council makes a determination to impose rates under this
subsection and section 27 of this chapter.
(s) 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%) if the county has imposed the county
adjusted gross income tax under IC 6-3.5-1.1-3.3.
(t) This subsection applies to Howard County. Except as provided
in subsection (p), the sum of the county economic development income
tax rate and 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%).
(u) This subsection applies to Scott County. Except as provided in
subsection (p), the sum of the county economic development income
tax rate and 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%).
(v) This subsection applies to Jasper County. Except as provided in
subsection (p), 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%).
SOURCE: IC 6-3.5-7-13.1; (07)HE1084.1.66. -->
SECTION 66. IC 6-3.5-7-13.1, AS AMENDED BY P.L.47-2006,
SECTION 4, AND AS AMENDED BY P.L.137-2006, SECTION 11,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 13.1. (a) The fiscal officer of
each county, city, or town for a county in which the county economic
development tax is imposed shall establish an economic development
income tax fund. Except as provided in sections 23, 25, 26, and 27 of
this chapter, the revenue received by a county, city, or town under this
chapter shall be deposited in the unit's economic development income
tax fund.
(b) Except as provided in sections 15, 23, 25, 26, and 27 of this
chapter, revenues from the county economic development income tax
may be used as follows:
(1) By a county, city, or town for economic development projects,
for paying, notwithstanding any other law, under a written
agreement all or a part of the interest owed by a private developer
or user on a loan extended by a financial institution or other
lender to the developer or user if the proceeds of the loan are or
are to be used to finance an economic development project, for
the retirement of bonds under section 14 of this chapter for
economic development projects, for leases under section 21 of
this chapter, or for leases or bonds entered into or issued prior to
the date the economic development income tax was imposed if
the purpose of the lease or bonds would have qualified as a
purpose under this chapter at the time the lease was entered into
or the bonds were issued.
(2) By a county, city, or town for:
(A) the construction or acquisition of, or remedial action with
respect to, a capital project for which the unit is empowered to
issue general obligation bonds or establish a fund under any
statute listed in IC 6-1.1-18.5-9.8;
(B) the retirement of bonds issued under any provision of
Indiana law for a capital project;
(C) the payment of lease rentals under any statute for a capital
project;
(D) contract payments to a nonprofit corporation whose
primary corporate purpose is to assist government in planning
and implementing economic development projects;
(E) operating expenses of a governmental entity that plans or
implements economic development projects;
(F) to the extent not otherwise allowed under this chapter,
funding substance removal or remedial action in a designated
unit; or
(G) funding of a revolving fund established under
IC 5-1-14-14.
(3) By a county, city, or town for any lawful purpose for which
money in any of its other funds may be used.
(4) By a city or county described in IC 36-7.5-2-3(b) for making
transfers required by IC 36-7.5-4-2. If the county economic
development income tax rate is increased after April 30, 2005, in
a county having a population of more than one hundred forty-five
thousand (145,000) but less than one hundred forty-eight
thousand (148,000), the first three million five hundred thousand
dollars ($3,500,000) of the tax revenue that results each year from
the tax rate increase shall be used by the county only to make the
county's transfer required by IC 36-7.5-4-2. The first three million
five hundred thousand dollars ($3,500,000) of the tax revenue that
results each year from the tax rate increase shall be paid by the
county treasurer to the treasurer of the northwest Indiana regional
development authority under IC 36-7.5-4-2 before certified
distributions are made to the county or any cities or towns in the
county under this chapter from the tax revenue that results each
year from the tax rate increase. In a county having a population of
more than one hundred forty-five thousand (145,000) but less
than one hundred forty-eight thousand (148,000), all of the tax
revenue that results each year from the tax rate increase that is in
excess of the first three million five hundred thousand dollars
($3,500,000) that results each year from the tax rate increase must
be used by the county and cities and towns in the county for
additional homestead credits under subdivision (5).
(5) This subdivision applies only in a county having a population
of more than one hundred forty-five thousand (145,000) but less
than one hundred forty-eight thousand (148,000). Except as
otherwise provided, the procedures and definitions in
IC 6-1.1-20.9 apply to this subdivision. All of the tax revenue that
results each year from a tax rate increase described in subdivision
(4) that is in excess of the first three million five hundred
thousand dollars ($3,500,000) that results each year from the tax
rate increase must be used by the county and cities and towns in
the county for additional homestead credits under this
subdivision. The following apply to additional homestead credits
provided under this subdivision:
(A) The additional homestead credits must be applied
uniformly to increase the homestead credit under IC 6-1.1-20.9
for homesteads in the county, city, or town.
(B) The additional homestead credits shall be treated for all
purposes as property tax levies. The additional homestead
credits do not reduce the basis for determining the state
property tax replacement credit under IC 6-1.1-21 or the state
homestead credit under IC 6-1.1-20.9.
(C) The additional homestead credits shall be applied to the
net property taxes due on the homestead after the application
of all other assessed value deductions or property tax
deductions and credits that apply to the amount owed under
IC 6-1.1.
(D) The department of local government finance shall
determine the additional homestead credit percentage for a
particular year based on the amount of county economic
development income tax revenue that will be used under this
subdivision to provide additional homestead credits in that
year.
(6) This subdivision applies only in a county having a population
of more than four hundred thousand (400,000) but less than seven
hundred thousand (700,000). Except as otherwise provided, the
procedures and definitions in IC 6-1.1-20.9 apply to this
subdivision. A county or a city or town in the county may use
county economic development income tax revenue to provide
additional homestead credits in the county, city, or town. The
following apply to additional homestead credits provided under
this subdivision:
(A) The county, city, or town fiscal body must adopt an
ordinance authorizing the additional homestead credits. The
ordinance must:
(i) be adopted before September 1 of a year to apply to
property taxes first due and payable in the following year;
and
(ii) specify the amount of county economic development
income tax revenue that will be used to provide additional
homestead credits in the following year.
(B) A county, city, or town fiscal body that adopts an
ordinance under this subdivision must forward a copy of the
ordinance to the county auditor and the department of local
government finance not more than thirty (30) days after the
ordinance is adopted.
(C) The additional homestead credits must be applied
uniformly to increase the homestead credit under IC 6-1.1-20.9
for homesteads in the county, city, or town.
(D) The additional homestead credits shall be treated for all
purposes as property tax levies. The additional homestead
credits do not reduce the basis for determining the state
property tax replacement credit under IC 6-1.1-21 or the state
homestead credit under IC 6-1.1-20.9.
(E) The additional homestead credits shall be applied to the
net property taxes due on the homestead after the application
of all other assessed value deductions or property tax
deductions and credits that apply to the amount owed under
IC 6-1.1.
(F) The department of local government finance shall
determine the additional homestead credit percentage for a
particular year based on the amount of county economic
development income tax revenue that will be used under this
subdivision to provide additional homestead credits in that
year.
(7) For a regional venture capital fund established under section
13.5 of this chapter or a local venture capital fund established
under section 13.6 of this chapter.
(7) (8) This subdivision applies only to a county:
(A) that has a population of more than one hundred ten
thousand (110,000) but less than one hundred fifteen thousand
(115,000); and
(B) in which:
(i) the county fiscal body has adopted an ordinance under
IC 36-7.5-2-3(e) providing that the county is joining the
northwest Indiana regional development authority; and
(ii) the fiscal body of the city described in IC 36-7.5-2-3(e)
has adopted an ordinance under IC 36-7.5-2-3(e) providing
that the city is joining the development authority.
Revenue from the county economic development income tax may
be used by a county or a city described in this subdivision for
making transfers required by IC 36-7.5-4-2. In addition, if the
county economic development income tax rate is increased after
June 30, 2006, in the county, the first three million five hundred
thousand dollars ($3,500,000) of the tax revenue that results each
year from the tax rate increase shall be used by the county only
to make the county's transfer required by IC 36-7.5-4-2. The first
three million five hundred thousand dollars ($3,500,000) of the
tax revenue that results each year from the tax rate increase shall
be paid by the county treasurer to the treasurer of the northwest
Indiana regional development authority under IC 36-7.5-4-2
before certified distributions are made to the county or any cities
or towns in the county under this chapter from the tax revenue
that results each year from the tax rate increase. All of the tax
revenue that results each year from the tax rate increase that is
in excess of the first three million five hundred thousand dollars
($3,500,000) that results each year from the tax rate increase
must be used by the county and cities and towns in the county for
additional homestead credits under subdivision (8). (9).
(8) (9) This subdivision applies only to a county described in
subdivision (7). (8). Except as otherwise provided, the procedures
and definitions in IC 6-1.1-20.9 apply to this subdivision. All of
the tax revenue that results each year from a tax rate increase
described in subdivision (7) (8) that is in excess of the first three
million five hundred thousand dollars ($3,500,000) that results
each year from the tax rate increase must be used by the county
and cities and towns in the county for additional homestead
credits under this subdivision. The following apply to additional
homestead credits provided under this subdivision:
(A) The additional homestead credits must be applied
uniformly to increase the homestead credit under
IC 6-1.1-20.9 for homesteads in the county, city, or town.
(B) The additional homestead credits shall be treated for all
purposes as property tax levies. The additional homestead
credits do not reduce the basis for determining the state
property tax replacement credit under IC 6-1.1-21 or the state
homestead credit under IC 6-1.1-20.9.
(C) The additional homestead credits shall be applied to the
net property taxes due on the homestead after the application
of all other assessed value deductions or property tax
deductions and credits that apply to the amount owed under
IC 6-1.1.
(D) The department of local government finance shall
determine the additional homestead credit percentage for a
particular year based on the amount of county economic
development income tax revenue that will be used under this
subdivision to provide additional homestead credits in that
year.
(c) As used in this section, an economic development project is any
project that:
(1) the county, city, or town determines will:
(A) promote significant opportunities for the gainful
employment of its citizens;
(B) attract a major new business enterprise to the unit; or
(C) retain or expand a significant business enterprise within
the unit; and
(2) involves an expenditure for:
(A) the acquisition of land;
(B) interests in land;
(C) site improvements;
(D) infrastructure improvements;
(E) buildings;
(F) structures;
(G) rehabilitation, renovation, and enlargement of buildings
and structures;
(H) machinery;
(I) equipment;
(J) furnishings;
(K) facilities;
(L) administrative expenses associated with such a project,
including contract payments authorized under subsection
(b)(2)(D);
(M) operating expenses authorized under subsection (b)(2)(E);
or
(N) to the extent not otherwise allowed under this chapter,
substance removal or remedial action in a designated unit;
or any combination of these.
(d) If there are bonds outstanding that have been issued under
section 14 of this chapter or leases in effect under section 21 of this
chapter, a county, city, or town may not expend money from its
economic development income tax fund for a purpose authorized under
subsection (b)(3) in a manner that would adversely affect owners of the
outstanding bonds or payment of any lease rentals due.
SOURCE: IC 6-8.1-5-1; (07)HE1084.1.67. -->
SECTION 67. IC 6-8.1-5-1, AS AMENDED BY P.L.111-2006,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1. (a) As used in this section, "letter of
finding" findings" includes a supplemental letter of
finding. findings.
(b) If the department reasonably believes that a person has not
reported the proper amount of tax due, the department shall make a
proposed assessment of the amount of the unpaid tax on the basis of the
best information available to the department. The amount of the
assessment is considered a tax payment not made by the due date and
is subject to IC 6-8.1-10 concerning the imposition of penalties and
interest. The department shall send the person a notice of the proposed
assessment through the United States mail.
(c) If the person has a surety bond guaranteeing payment of the tax
for which the proposed assessment is made, the department shall
furnish a copy of the proposed assessment to the surety. The notice of
proposed assessment is prima facie evidence that the department's
claim for the unpaid tax is valid. The burden of proving that the
proposed assessment is wrong rests with the person against whom the
proposed assessment is made.
(d) The notice shall state that the person has forty-five (45) days
from the date the notice is mailed to pay the assessment or to file a
written protest. If the person files a protest and requires a hearing on
the protest, the department shall:
(1) set the hearing at the department's earliest convenient time;
and
(2) notify the person by United States mail of the time, date, and
location of the hearing.
(e) The department may hold the hearing at the location of its choice
within Indiana if that location complies with IC 6-8.1-3-8.5.
(f) No later than sixty (60) days after conducting a hearing on a
protest, or after making a decision on a protest when no hearing is
requested, the department shall issue a letter of findings and shall send
a copy of the letter through the United States mail to the person who
filed the protest and to the person's surety, if the surety was notified of
the proposed assessment under subsection (b). The department may
continue the hearing until a later date if the taxpayer presents
additional information at the hearing or the taxpayer requests an
opportunity to present additional information after the hearing.
(g) A person that disagrees with a decision in a letter of finding
findings may request a rehearing not more than thirty (30) days after
the date on which the letter of finding findings is issued by the
department. The department shall consider the request and may grant
the rehearing if the department reasonably believes that a rehearing
would be in the best interests of the taxpayer and the state.
(h) If a person disagrees with a decision in a letter of finding,
findings, the person may appeal the decision to the tax court. However,
the tax court does not have jurisdiction to hear an appeal that is filed
more than sixty (60) days after the date on which:
(1) the letter of finding findings is issued by the department, if the
person does not make a timely request for a rehearing under
subsection (g) on the letter of finding; findings; or
(2) the department issues a denial of the person's timely request
for a rehearing under subsection (g) on the letter of finding.
findings.
(i) The tax court shall hear an appeal under subsection (h) de novo
and without a jury. The tax court may do the following:
(1) Uphold or deny any part of the assessment that is appealed.
(2) Assess the court costs in a manner that the court believes to be
equitable.
(3) Enjoin the collection of a listed tax under IC 33-26-6-2.
(j) The department shall demand payment, as provided in
IC 6-8.1-8-2(a), of any part of the proposed tax assessment, interest,
and penalties that it finds owing because:
(1) the person failed to properly respond within the forty-five (45)
day period;
(2) the person requested a hearing but failed to appear at that
hearing; or
(3) after consideration of the evidence presented in the protest or
hearing, the department finds that the person still owes tax.
(k) The department shall make the demand for payment in the
manner provided in IC 6-8.1-8-2.
(l) Subsection (b) does not apply to a motor carrier fuel tax return.
SOURCE: IC 7.1-3-26-16; (07)HE1084.1.68. -->
SECTION 68. IC 7.1-3-26-16, AS ADDED BY P.L.165-2006,
SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 16. If a direct wine seller is charged under
section 15 of this chapter with selling to a consumer who does not meet
the requirements of section 6 of this chapter, it is a defense to the
charge if the direct wine seller obtained from the consumer the verified
statement required under section 6(4)(C) and or 6(5)(A) of this chapter
and produces a copy of the verified statement.
SOURCE: IC 8-1-2.6-1.1; (07)HE1084.1.69. -->
SECTION 69. IC 8-1-2.6-1.1, AS ADDED BY P.L.27-2006,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1.1. The commission shall not exercise
jurisdiction over:
(1) advanced services (as defined in 47 CFR 51.5);
(2) broadband service, however defined or classified by the
Federal Communications Commission;
(3) information services service (as defined in 47 U.S.C.
153(20));
(4) Internet Protocol enabled retail services:
(A) regardless of how the service is classified by the Federal
Communications Commission; and
(B) except as expressly permitted under IC 8-1-2.8;
(5) commercial mobile service (as defined in 47 U.S.C. 332); or
(6) any service not commercially available on March 28, 2006.
SOURCE: IC 8-1-2.6-1.2; (07)HE1084.1.70. -->
SECTION 70. IC 8-1-2.6-1.2, AS ADDED BY P.L.27-2006,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1.2. Except as provided in sections 1.5(c),
1.5(b), 12, and 13 of this chapter, after March 27, 2006, the
commission shall not exercise jurisdiction over any nonbasic
telecommunications service.
SOURCE: IC 8-1-2.6-1.4; (07)HE1084.1.71. -->
SECTION 71. IC 8-1-2.6-1.4, AS ADDED BY P.L.27-2006,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1.4. Except as provided in sections 1.5(c),
1.5(b), 12, and 13 of this chapter, after June 30, 2009, the commission
shall not exercise jurisdiction over basic telecommunications service.
SOURCE: IC 8-1-2.6-13; (07)HE1084.1.72. -->
SECTION 72. IC 8-1-2.6-13, AS ADDED BY P.L.27-2006,
SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 13. (a) As used in this section,
"communications service" has the meaning set forth in IC 8-1-32.5-3.
(b) As used in this section, "communications service provider"
means a person or an entity that offers communications service to
customers in Indiana, without regard to the technology or medium used
by the person or entity to provide the communications service. The
term includes a provider of commercial mobile service (as defined in
47 U.S.C. 332).
(c) As used in this section, "dark fiber" refers to unused capacity in
a communications service provider's communications network,
including fiber optic cable or other facilities:
(1) in place within a public right-of-way; but
(2) not placed in service by a communications service provider.
(d) Notwithstanding sections 1.2, 1.4, and 1.5 of this chapter, the
commission may do the following both during and after the rate
transition period described in section 1.3 of this chapter, except as
otherwise provided in this subsection:
(1) Subject to section 12 of this chapter, enforce the terms of a
settlement agreement approved by the commission before July 29,
2004. The commission's authority under this subdivision
continues for the duration of the settlement agreement.
(2) Fulfill the commission's duties under IC 8-1-2.8 concerning
the provision of dual party relay services to hearing impaired and
speech impaired persons in Indiana.
(3) Fulfill the commission's duties under IC 8-1-19.5 concerning
the administration of the 211 dialing code for communications
service used to provide access to human services information and
referrals.
(4) Fulfill the commission's responsibilities under IC 8-1-29 to
adopt and enforce rules to ensure that a customer of a
telecommunications provider is not:
(A) switched to another telecommunications provider unless
the customer authorizes the switch; or
(B) billed for services by a telecommunications provider that
without the customer's authorization added the services to the
customer's service order.
(5) Fulfill the commission's obligations under:
(A) the federal Telecommunications Act of 1996 (47 U.S.C.
151 et seq.); and
(B) IC 20-20-16;
concerning universal service and access to telecommunications
service and equipment, including the designation of eligible
telecommunications carriers under 47 U.S.C. 214.
(6) Perform any of the functions described in section 1.5(b) of this
chapter.
(7) After June 30, 2009, perform the commission's responsibilities
under IC 8-1-32.5 to:
(A) issue; and
(B) maintain records of;
certificates of territorial authority for communications service
providers offering communications service to customers in
Indiana.
(8) Perform the commission's responsibilities under IC 8-1-34
concerning the issuance of certificates of franchise authority to
multichannel video programming distributors offering video
service to Indiana customers.
(9) After June 30, 2009, require a communications service
provider, other than a provider of commercial mobile service (as
defined in 47 U.S.C. 332), to report to the commission on an
annual basis, or more frequently at the option of the provider, any
of the following information:
(A) Service quality goals and performance data. The
commission shall make any information or data submitted
under this subsection available:
(i) for public inspection and copying at the offices of the
commission under IC 5-14-3; and
(ii) electronically through the computer gateway
administered by the office of technology established by
IC 4-13.1-2-1;
to the extent the information or data are not exempt from
public disclosure under IC 5-14-3-4(a).
(B) Information concerning the:
(i) capacity;
(ii) location; and
(iii) planned or potential use; of;
of the communications service provider's dark fiber in Indiana.
(C) Information concerning the communications service
offered by the communications service provider in Indiana,
including:
(i) the types of service offered; and
(ii) the areas in Indiana in which the services are offered.
(D) Any information needed by the commission to prepare the
commission's report to the regulatory flexibility committee
under section 4 of this chapter.
(E) Any other information that the commission is authorized
to collect from a communications service provider under state
or federal law.
The commission may revoke a certificate issued to a
communications service provider under IC 8-1-32.5 if the
communications service provider fails or refuses to report any
information required by the commission under this subdivision.
However, this subdivision does not empower the commission to
require a communications service provider to disclose
confidential and proprietary business plans and other confidential
information without adequate protection of the information. The
commission shall exercise all necessary caution to avoid
disclosure of confidential information supplied under this
subdivision.
(10) Perform the commission's duties under IC 8-1-32.4 with
respect to telecommunications providers of last resort, to the
extent of the authority delegated to the commission under federal
law to perform those duties.
(11) Perform the commission's duties under IC 8-1-2-5 with
respect to interconnection.
(12) Establish and administer the Indiana Lifeline assistance
program under IC 8-1-36.
(13) After June 30, 2009, collect and maintain from a provider of
commercial mobile service (as defined in 47 U.S.C. 332) the
following information:
(A) The address of the provider's web site.
(B) All toll free telephone numbers and other customer service
telephone numbers maintained by the provider for receiving
customer inquiries and complaints.
(C) An address and other contact information for the provider,
including any telephone number not described in clause (B).
The commission shall make any information submitted by a
provider under this subdivision available on the commission's
web site. The commission may also make available on the
commission's web site contact information for the Federal
Communications Commission and the Cellular Telephone
Industry Association.
(14) Fulfill the commission's duties under any state or federal law
concerning the administration of any universally applicable
dialing code for any communications service.
(e) After June 30, 2009, the commission does not have jurisdiction
over any of the following with respect to a communications service
provider:
(1) Rates and charges for communications service provided by the
communications service provider, including the filing of
schedules or tariffs setting forth the provider's rates and charges.
(2) Depreciation schedules for any of the classes of property
owned by the communications service provider.
(3) Quality of service provided by the communications service
provider, other than the imposition of a reporting requirement
under subsection (d)(9)(A).
(4) Long term financing arrangements or other obligations of the
communications service provider.
(5) Except as provided in subsection (d), any other aspect
regulated by the commission under this title before July 1, 2009.
(f) After June 30, 2009, the commission has jurisdiction over a
communications service provider only to the extent that jurisdiction is:
(1) expressly granted by state or federal law, including:
(A) a state or federal statute;
(B) a lawful order or regulation of the Federal
Communications Commission; or
(C) an order or a ruling of a state or federal court having
jurisdiction; or
(2) necessary to administer a federal law for which regulatory
responsibility has been delegated to the commission by federal
law.
SOURCE: IC 8-1-17-18; (07)HE1084.1.73. -->
SECTION 73. IC 8-1-17-18, AS AMENDED BY P.L.27-2006,
SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 18. (a) Any two (2) or more cooperative
corporations created under the provisions of this chapter and operating
or authorized to operate in contiguous territory may enter into an
agreement for the consolidation of the cooperative corporations, which
agreement shall be submitted for the review of the commission in the
manner provided for in section 5 of this chapter. The agreement shall
set forth the terms and conditions of the consolidation, the name of the
proposed consolidated cooperative corporation, the number of its
directors, not less than three (3), the time of the annual election, and
the names of the persons, not less than three (3), to be directors until
the first annual meeting. Each cooperative corporation participating in
the consolidation shall duly call and hold a meeting of its members, as
provided in section 9 of this chapter, at which the proposal of the
consolidation shall be presented. If at each meeting, the consolidation
agreement is approved by a resolution duly adopted and receiving the
affirmative vote of at least three-fourths (3/4) of the members who
attend each meeting, the directors named in the agreement shall
subscribe and acknowledge articles conforming substantially to the
original articles of incorporation. The new articles shall be entitled and
endorsed "Articles of Consolidation of __________" (the blank space
being filled in with the names of the cooperative corporations being
consolidated) and must state:
(1) the names of the cooperative corporations being consolidated;
(2) the name of the consolidated cooperative corporation;
(3) a statement that each consolidating cooperative corporation
agrees to the consolidation;
(4) the names and addresses of the directors of the new
cooperative corporation; and
(5) the terms and conditions of the consolidation and the mode of
carrying the consolidation into effect, including the manner in
which members of the consolidating cooperative corporations
may or shall become members of the new cooperative
corporation.
The new articles of incorporation may contain any provisions not
inconsistent with this chapter that are necessary or advisable for the
conduct of the business of the new cooperative corporation.
(b) After the commission approves the articles of consolidation
under section 5 of this chapter, the articles of consolidation or a
certified copy or copies of the articles shall be filed, together with the
attached copy of the order of the commission under section 5(e)(2) of
this chapter, in the same place as the original articles of incorporation.
Upon the filings required under section 5(g) of this chapter, the
proposed consolidated cooperative corporation, under its designated
name, is a body corporate with all the powers of a cooperative
corporation as originally formed under this chapter.
SOURCE: IC 8-1-32.4-16; (07)HE1084.1.74. -->
SECTION 74. IC 8-1-32.4-16, AS ADDED BY P.L.27-2006,
SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 16. (a) If a provider, other than the incumbent
local exchange carrier, operates under an arrangement by which the
provider is the exclusive provider of basic telecommunications service
in a particular geographic area, building, or group of residences and
businesses, the incumbent local exchange carrier is relieved of any
provider of last resort obligations that the incumbent local exchange
carrier would ordinarily have with respect to the particular geographic
area, building, or group of residences and
buildings. businesses.
(b) If:
(1) a provider with an exclusive service arrangement described in
subsection (a) decides to cease operations in all or part of the
particular geographic area, building, or group of residences and
buildings businesses that the provider serves under the
arrangement; and
(2) the incumbent local exchange carrier:
(A) has insufficient facilities to serve the affected customers
of the exiting provider; and
(B) elects to purchase the facilities of the exiting provider;
the incumbent local exchange carrier has twelve (12) months to make
any modifications necessary to the purchased facilities to allow the
incumbent local exchange carrier to serve the affected customers of the
exiting provider. The incumbent local exchange carrier may apply to
the commission for an extension of the period allowed under this
subsection, and the commission shall grant the extension upon good
cause shown by the incumbent local exchange carrier.
(c) If:
(1) a provider with an exclusive service arrangement described in
subsection (a) decides to cease operations in all or part of the
particular geographic area, building, or group of residences and
buildings businesses that the provider serves under the
arrangement; and
(2) the incumbent local exchange carrier:
(A) has insufficient facilities to serve the affected customers
of the exiting provider; and
(B) elects not to purchase the facilities of the exiting provider;
the incumbent local exchange carrier has twelve (12) months to deploy
an approved alternative technology necessary to allow the incumbent
local exchange carrier to serve the affected customers of the exiting
provider. The incumbent local exchange carrier may apply to the
commission for an extension of the period allowed under this
subsection, and the commission shall grant the extension upon good
cause shown by the incumbent local exchange carrier.
SOURCE: IC 8-1-32.5-6; (07)HE1084.1.75. -->
SECTION 75. IC 8-1-32.5-6, AS ADDED BY P.L.27-2006,
SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 6. (a) Except as provided in subsection (c),
before a communications service provider may offer communications
service to customers in Indiana, the communications service provider
must apply to the commission for a certificate of territorial authority.
A communications service provider that seeks a certificate under this
chapter shall submit an application on a form prescribed by the
commission. The form prescribed by the commission must require the
communications service provider to report the following information:
(1) The provider's legal name and any name under which the
provider does or will do business in Indiana, as authorized by the
secretary of state.
(2) The provider's address and telephone number, along with
contact information for the person responsible for ongoing
communications with the commission.
(3) The legal name, address, and telephone number of the
provider's parent company, if any.
(4) A description of each service area in Indiana in which the
provider proposes to offer communications service.
(5) For each service area identified under subdivision (4), a
description of each type of communications service that the
provider proposes to offer in the service area.
(6) For each communications service identified under subdivision
(5), whether the communications service will be offered to
residential customers or business customers, or both.
(7) The expected date of deployment for each communications
service identified under subdivision (5) in each service area
identified in subdivision (4).
(8) A list of other states in which the provider offers
communications service, including the type of communications
service offered.
(9) Any other information the commission considers necessary to:
(A) monitor the type and availability of communications
service provided to Indiana customers; and
(B) prepare the commission's annual report to the regulatory
flexibility committee under IC 8-1-2.6-4.
The commission may charge a fee for filing an application under this
section. Any fee charged by the commission under this subsection may
not exceed the commission's actual costs to process and review the
application under section 8 of this chapter.
(b) A communications service provider shall also submit, along with
the application required by subsection (a), the following documents:
(1) A certification from the secretary of state authorizing the
provider to do business in Indiana.
(2) Information demonstrating the provider's financial,
managerial, and technical ability to provide each communications
service identified in the provider's application under subsection
(a)(5) in each service area identified under subsection (a)(4).
(3) A statement, signed under penalty of perjury by an officer or
another person authorized to bind the provider, that affirms the
following:
(A) That the provider has filed or will timely file with the
Federal Communications Commission all forms required by
the Federal Communications Commission before offering
communications service in Indiana.
(B) That the provider agrees to comply with any customer
notification requirements imposed by the commission under
section
11(c) 11(b) of this chapter.
(C) That the provider agrees to update the information
provided in the application submitted under subsection (a) on
a regular basis, as may be required by the commission under
section 12 of this chapter.
(D) That the provider agrees to notify the commission when
the provider commences offering communications service in
each service area identified in the provider's application under
subsection (a)(4).
(E) That the provider agrees to pay any lawful rate or charge
for switched and special access services, as required under
any:
(i) applicable interconnection agreement; or
(ii) lawful tariff or order approved or issued by a regulatory
body having jurisdiction.
(F) That the provider agrees to report, at the times required by
the commission, any information required by the commission
under IC 8-1-2.6-13(d)(9).
(c) If:
(1) a communications service provider has been issued a:
(A) certificate of territorial authority; or
(B) certificate of public convenience and necessity;
by the commission before July 1, 2009; and
(2) the certificate described in subdivision (1) is in effect on July
1, 2009;
the communications service provider is not required to submit an
application under this section for as long as the certificate described in
subdivision (1) remains in effect. For purposes of this subsection, if a
corporation organized under IC 8-1-13 (or a corporation organized
under IC 23-17-1 that is an electric cooperative and that has at least one
(1) member that is a corporation organized under IC 8-1-13) holds a
certificate of public convenience and necessity issued by the
commission before, on, or after July 1, 2009, that certificate may serve
as the certificate required under this chapter with respect to any
communications service offered by the corporation, subject to the
commission's right to require the corporation to provide any
information that an applicant is otherwise required to submit under
subsection (a) or that a holder is required to report under
IC 8-1-2.6-13(d)(9).
(d) This section does not empower the commission to require an
applicant for a certificate under this chapter to disclose confidential and
proprietary business plans and other confidential information without
adequate protection of the information. The commission shall exercise
all necessary caution to avoid disclosure of confidential information
supplied under this subsection.
SOURCE: IC 8-1-32.5-12; (07)HE1084.1.76. -->
SECTION 76. IC 8-1-32.5-12, AS ADDED BY P.L.27-2006,
SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 12. In connection with, or as a condition of
receiving, a certificate of territorial authority under this chapter, the
commission may require a communications service provider to notify
the commission, after the issuance of a certificate, of any of the
following changes involving the provider or the certificate issued:
(1) Any transaction involving a change in the ownership,
operation, control, or corporate organization of the provider,
including a merger, acquisition, or reorganization.
(2) A change in the provider's legal name or the adoption of, or
change to, an assumed business name. The provider shall submit
to the commission a certified copy of the:
(A) amended certificate of authority; or
(B) certificate of assumed business name;
issued by the secretary of state to reflect the change.
(3) A change in the provider's principal business address or in the
name of the person authorized to receive notice on behalf of the
provider.
(4) Any sale, assignment, lease, or transfer of the certificate to
another communications service provider, as allowed by section
10 of this chapter. The provider shall identify the other
communications service provider to which the sale, assignment,
lease, or transfer is made.
(5) The relinquishment of any certificate issued under this
chapter. The provider shall identify:
(A) any other certificate of territorial authority issued under
this chapter that will be retained by the provider;
(B) the number of Indiana customers in the service area
covered by the certificate being relinquished; and
(C) the method by which the provider's customers were or will
be notified of the relinquishment, if required in a rule adopted
by the commission under section 11(c) 11(b) of this chapter.
(6) This subdivision does not apply to a provider of commercial
mobile service (as defined in 47 U.S.C. 332). A change in the
communications service provided in one (1) or more of the
service areas identified in the provider's application under section
6(a)(4) of this chapter. However, if new services will be provided
in one (1) or more of the service areas, the commission may
require the provider to submit a new application under section 6
of this chapter with respect to those services.
(7) A change in one (1) or more of the service areas identified in
the provider's application under section 6(a)(4) of this chapter that
would increase or decrease the territory within the service area.
The commission shall prescribe the time in which a provider must
report changes under this section. The commission may prescribe a
form for the reporting of changes under this section.
SOURCE: IC 8-1-34-17; (07)HE1084.1.77. -->
SECTION 77. IC 8-1-34-17, AS ADDED BY P.L.27-2006,
SECTION 58, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 17. (a) Not later than fifteen (15) business
days after the commission receives an application under section 16 of
this chapter, the commission shall determine whether the application
is complete and properly verified. If the commission determines that
the application is incomplete or is not properly verified, the
commission shall notify the applicant of the deficiency and allow the
applicant to resubmit the application after correcting the deficiency. If
the commission determines that the application is complete and
properly verified, the commission shall issue the applicant a certificate
of franchise authority. A certificate issued under this section must
contain:
(1) a grant of authority to provide the video service requested in
the application;
(2) a grant of authority to use and occupy public rights-of-way in
the delivery of the video service, subject to:
(A) state and local laws and regulations governing the use and
occupancy of public rights-of-way; and
(B) the police powers of local units to enforce local ordinances
and regulations governing the use and occupancy of public
rights-of-way; and
(3) a statement that the authority granted under subdivisions (1)
and (2) is subject to the holder's lawful provision and operation of
the video service.
(b) Except as provided in subsection (c) and section sections 16(c)
and 28 of this chapter, the commission may not require a provider to:
(1) satisfy any build-out requirements;
(2) deploy, or make investments in, any infrastructure, facilities,
or equipment; or
(3) pay an application fee, a document fee, a state franchise fee,
a service charge, or any fee other than the franchise fee paid to a
local unit under section 24 of this chapter;
as a condition of receiving or holding a certificate under this chapter.
(c) This section does not limit the commission's right to enforce any
obligation described in subsection (b) that a provider is subject to
under the terms of a settlement agreement approved by the commission
before July 29, 2004.
(d) The general assembly, a state agency, or a unit may not adopt a
law, rule, ordinance, or regulation governing the use and occupancy of
public rights-of-way that:
(1) discriminates against any provider, or is unduly burdensome
with respect to any provider, based on the particular facilities or
technology used by the provider to deliver video service; or
(2) allows a video service system owned or operated by a unit to
use or occupy public rights-of-way on terms or conditions more
favorable or less burdensome than those that apply to other
providers.
A law, a rule, an ordinance, or a regulation that violates this subsection
is void.
SOURCE: IC 8-1-34-23; (07)HE1084.1.78. -->
SECTION 78. IC 8-1-34-23, AS ADDED BY P.L.27-2006,
SECTION 58, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 23. (a) Except as provided in subsection (b),
the holder of a certificate under this chapter shall, at the end of each
calendar quarter, determine under subsections (c) and (d) the gross
revenue received during that quarter from the holder's provision of
video service in each unit included in the holder's service area under
the certificate.
(b) This subsection applies to a holder or other provider providing
video service in a unit in which a provider of video service is required
on June 30, 2006, to pay a franchise fee based on a percentage of gross
revenues. The holder's or provider's gross revenue shall be determined
as follows:
(1) If only one (1) local franchise is in effect on June 30, 2006, the
holder or provider shall determine gross revenue as the term is
defined in the local franchise in effect on June 30, 2006.
(2) If:
(A) more than one (1) local franchise is in effect on June 30,
2006; and
(B) the holder or provider is subject to a local franchise in the
unit on June 30, 2006;
the holder or provider shall determine gross revenue as the term
is defined in the local franchise to which the holder or provider is
subject on June 30, 2006.
(3) If:
(A) more than one (1) local franchise is in effect on June 30,
2006; and
(B) the holder is not subject to a local franchise in the unit on
June 30, 2006;
the holder shall determine gross revenue as the term is defined in
the local franchise in effect on June 30, 2006, that is most
favorable to the unit.
(c) This subsection does not apply to a holder that is required to
determine gross revenue under subsection (b). The holder shall include
the following in determining the gross revenue received during the
quarter with respect to a particular unit:
(1) Fees and charges charged to subscribers for video service
provided by the holder. Fees and charges under this subdivision
include the following:
(A) Recurring monthly charges for video service.
(B) Event based charges for video service, including pay per
view and video on demand charges.
(C) Charges for the rental of set top boxes and other
equipment.
(D) Service charges related to the provision of video service,
including activation, installation, repair, and maintenance
charges.
(E) Administrative charges related to the provision of video
service, including service order and service termination
charges.
(2) Revenue received by an affiliate of the holder from the
affiliate's provision of video service, to the extent that treating the
revenue as revenue of the affiliate, instead of revenue of the
holder, would have the effect of evading the payment of fees that
would otherwise be paid to the unit. However, revenue of an
affiliate may not be considered revenue of the holder if the
revenue is otherwise subject to fees to be paid to the unit.
(d) This subsection does not apply to a holder that is required to
determine gross revenue under subsection (b). The holder shall not
include the following in determining the gross revenue received during
the quarter with respect to a particular unit:
(1) Revenue not actually received, regardless of whether it is
billed. Revenue described in this subdivision includes bad debt.
(2) Revenue received by an affiliate or any other person in
exchange for supplying goods and services used by the holder to
provide video service under the holder's certificate.
(3) Refunds, rebates, or discounts made to subscribers,
advertisers, the unit, or other providers leasing access to the
holder's facilities.
(4) Revenue from providing service other than video service,
including revenue from providing:
(A) telecommunications service (as defined in 47 U.S.C.
153(46));
(B) information service (as defined in 47 U.S.C. 153(20)),
other than video service; or
(C) any other service not classified as cable service or video
programming by the Federal Communications Commission.
(5) Any fee imposed on the holder under this chapter that is
passed through to and paid by subscribers, including the franchise
fee:
(A) imposed under section 24 of this chapter for the quarter
immediately preceding the quarter for which gross revenue is
being computed; and
(B) passed through to and paid by subscribers during the
quarter for which gross revenue is being computed.
(6) Revenue from the sale of video service for resale in which the
purchaser collects a franchise fee under:
(A) this chapter; or
(B) a local franchise agreement in effect on July 1, 2006;
from the purchaser's customers. This subdivision does not limit
the authority of a unit, or the commission on behalf of a unit, to
impose a tax, fee, or other assessment upon the purchaser under
42 U.S.C. 542(h).
(7) Any tax of general applicability:
(A) imposed on the holder or on subscribers by a federal, state,
or local governmental entity; and
(B) required to be collected by the holder and remitted to the
taxing entity;
including the state gross retail and use taxes (IC 6-2.5) and the
utility receipts tax (IC 6-2.3).
(8) Any forgone revenue from providing free or reduced cost
cable video service to any person, including:
(A) employees of the holder;
(B) the unit; or
(C) public institutions, public schools, or other governmental
entities, as required or permitted by this chapter or by federal
law.
However, any revenue that the holder chooses to forgo in
exchange for goods or services through a trade or barter
arrangement shall be included in gross revenue.
(9) Revenue from the sale of:
(A) capital assets; or
(B) surplus equipment that is not used by the purchaser to
receive video service from the holder.
(10) Reimbursements that:
(A) are made by programmers to the holder for marketing
costs incurred by the holder for the introduction of new
programming; and
(B) exceed the actual costs incurred by the holder.
(11) Late payment fees collected from customers.
(12) Charges, other than those described in subsection (b)(1),
(c)(1), that are aggregated or bundled with charges described in
subsection (b)(1) (c)(1) on a customer's bill, if the holder can
reasonably identify the charges on the books and records by the
holder in the regular course of business.
(e) If, under the terms of the holder's certificate, the holder provides
video service to any unincorporated area in Indiana, the holder shall
calculate the holder's gross income received from each unincorporated
area served in accordance with:
(1) subsection (b); or
(2) subsections (c) and (d);
whichever is applicable.
(f) If a unit served by the holder under a certificate annexes any
territory after the certificate is issued or renewed under this chapter, the
holder shall:
(1) include in the calculation of gross revenue for the annexing
unit any revenue generated by the holder from providing video
service to the annexed territory; and
(2) subtract from the calculation of gross revenue for any unit or
unincorporated area:
(A) of which the annexed territory was formerly a part; and
(B) served by the holder before the effective date of the
annexation;
the amount of gross revenue determined under subdivision (1);
beginning with the calculation of gross revenue for the calendar quarter
in which the annexation becomes effective. The holder shall notify the
commission of the new boundaries of the affected service areas as
required under section 20(a)(7) of this chapter.
SOURCE: IC 8-1-36-9; (07)HE1084.1.79. -->
SECTION 79. IC 8-1-36-9, AS ADDED BY P.L.27-2006,
SECTION 59, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 9. A customer is eligible to receive reduced
rates for basic telecommunications service under the program if:
(1) the customer's income (as defined in 47 CFR 54.400(f)) does
not exceed one hundred fifty percent (150%) of the federal
poverty guidelines; or
(2) any person in the customer's household receives or has a child
who receives any of the following:
(A) Medicaid.
(B) Food stamps.
(C) Supplemental Security Income.
(D) Federal public housing assistance.
(E) Home energy assistance under a program administered by
the division of family resources lieutenant governor under
IC 12-14-11. IC 4-4-33-1(3).
(F) Assistance under the federal Temporary Assistance to
Needy Families (TANF) program (45 CFR 260 et seq.).
(G) Free lunches under the national school lunch program.
SOURCE: IC 8-15-2-1; (07)HE1084.1.80. -->
SECTION 80. IC 8-15-2-1, AS AMENDED BY P.L.47-2006,
SECTION 8, AND AS AMENDED BY P.L.1-2006, SECTION 156, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 1. (a) In order to remove the
handicaps and hazards on the congested highways in Indiana, to
facilitate vehicular traffic throughout the state, to promote the
agricultural and industrial development of the state, and to provide for
the general welfare by the construction of modern express highways
embodying safety devices, including center division, ample shoulder
widths, long sight distances, multiple lanes in each direction, and grade
separations at intersections with other highways and railroads, the
authority may:
(1) subject to subsection (d), construct, reconstruct, maintain,
repair, and operate toll road projects at such locations as shall be
approved by the governor;
(2) in accordance with such alignment and design standards as
shall be approved by the authority and subject to IC 8-9.5-8-10,
issue toll road revenue bonds of the state payable solely from
funds pledged for their payment, as authorized by this chapter, to
pay the cost of such projects;
(3) finance, develop, construct, reconstruct, improve, or maintain
improvements for manufacturing, commercial, or public
transportation activities within a county through which a toll road
passes;
(4) in cooperation with the Indiana department of transportation
or a political subdivision, construct, reconstruct, or finance the
construction or reconstruction of an arterial highway or an arterial
street that is located within a county through which a toll road
passes and that:
(A) interchanges with a toll road project; or
(B) intersects with a road or a street that interchanges with a
toll road project;
(5) finance improvements necessary for developing transportation
corridors in northwestern Indiana; and
(6) exercise these powers in participation with any governmental
entity or with any individual, partnership, limited liability
company, or corporation.
(b) Notwithstanding subsection (a), the authority shall not construct,
maintain, operate, nor contract for the construction, maintenance, or
operation of transient lodging facilities on, or adjacent to, such toll road
projects.
(c) This chapter:
(1) applies to the authority only when acting for the purposes set
forth in this chapter; and
(2) does not apply to the authority when acting under any other
statute for any other purpose.
(d) Notwithstanding any other law, neither the authority nor an
operator selected under IC 8-15.5 may carry out any of the following
activities under this chapter unless the general assembly enacts a
statute authorizing that activity:
(1) Carrying out construction for Interstate Highway 69 in a
township having a population of more than seventy-five thousand
(75,000) and less than ninety-three thousand five hundred
(93,500).
(2) Imposing tolls on motor vehicles for use of the part of an
interstate highway that connects a consolidated city and a city
having a population of more than eleven thousand five hundred
(11,500) but less than eleven thousand seven hundred forty
(11,740).
SOURCE: IC 9-13-2-117.3; (07)HE1084.1.81. -->
SECTION 81. IC 9-13-2-117.3, AS ADDED BY P.L.219-2005,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 117.3. "Off-road vehicle" has the meaning set
forth in IC 14-16-1-3. IC 14-8-2-185.
SOURCE: IC 9-17-2-9; (07)HE1084.1.82. -->
SECTION 82. IC 9-17-2-9, AS AMENDED BY P.L.219-2005,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 9. (a) This section does not apply to a motor
vehicle requiring a certificate of title under section 1(a)(2) 1(b)(2) or
1.5 of this chapter.
(b) A person applying for a certificate of title must:
(1) apply for registration of the vehicle described in the
application for the certificate of title; or
(2) transfer the current registration of the vehicle owned or
previously owned by the person.
SOURCE: IC 9-18-15-1; (07)HE1084.1.83. -->
SECTION 83. IC 9-18-15-1, AS AMENDED BY P.L.68-2006,
SECTION 1, AND AS AMENDED BY P.L.58-2006, SECTION 2, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 1. (a) A person who is the
registered owner or lessee of a:
(1) passenger motor vehicle;
(2) motorcycle;
(3) recreational vehicle; or
(4) vehicle registered as a truck with a declared gross weight of
not more than:
(A) eleven thousand (11,000) pounds;
(B) nine thousand (9,000) pounds; or
(C) seven thousand (7,000) pounds;
registered with the bureau or who makes an application for an original
registration or renewal registration of a vehicle may apply to the bureau
for a personalized license plate to be affixed to the vehicle for which
registration is sought instead of the regular license plate.
(b) A person who:
(1) is the registered owner or lessee of a vehicle described in
subsection (a); and
(2) is eligible to receive a license plate for the vehicle under:
(A) IC 9-18-17 (prisoner of war license plates);
(B) IC 9-18-18 (disabled veteran license plates);
(C) IC 9-18-19 (Purple Heart license plates);
(D) IC 9-18-20 (Indiana National Guard license plates);
(E) IC 9-18-21 (Indiana Guard Reserve license plates);
(F) IC 9-18-22 (license plates for persons with disabilities);
(G) IC 9-18-23 (amateur radio operator license plates);
(H) IC 9-18-24 (civic event license plates);
(I) IC 9-18-24.5 (In God We Trust license plates);
(I) (J) IC 9-18-25 (special group recognition license plates);
(J) (K) IC 9-18-29 (environmental license plates);
(K) (L) IC 9-18-30 (kids first trust license plates);
(L) (M) IC 9-18-31 (education license plates);
(M) (N) IC 9-18-32.2 (drug free Indiana trust license plates);
(N) (O) IC 9-18-33 (Indiana FFA trust license plates);
(O) (P) IC 9-18-34 (Indiana firefighter license plates);
(P) (Q) IC 9-18-35 (Indiana food bank trust license plates);
(Q) (R) IC 9-18-36 (Indiana girl scouts trust license plates);
(R) (S) IC 9-18-37 (Indiana boy scouts trust license plates);
(S) (T) IC 9-18-38 (Indiana retired armed forces member
license plates);
(T) (U) IC 9-18-39 (Indiana antique car museum trust license
plates);
(U) (V) IC 9-18-40 (D.A.R.E. Indiana trust license plates);
(V) (W) IC 9-18-41 (Indiana arts trust license plates);
(W) (X) IC 9-18-42 (Indiana health trust license plates);
(X) (Y) IC 9-18-43 (Indiana mental health trust license plates);
(Y) (Z) IC 9-18-44 (Indiana Native American trust license
plates);
(Z) (AA) IC 9-18-45.8 (Pearl Harbor survivor license plates);
(AA) (BB) IC 9-18-46.2
(Indiana state educational institution
trust license plates);
(BB) (CC) IC 9-18-47 (Lewis and Clark bicentennial license
plates);
(CC) (DD) IC 9-18-48 (Riley Children's Foundation license
plates);
or
(DD) (EE) IC 9-18-49 (National Football League franchised
professional football team license plates);
(EE) (FF) IC 9-18-50 (Hoosier veteran license plates); or
(FF) (GG) IC 9-18-51 (support our troops license plates);
may apply to the bureau for a personalized license plate to be affixed
to the vehicle for which registration is sought instead of the regular
special recognition license plate.
SOURCE: IC 9-18-25-1; (07)HE1084.1.84. -->
SECTION 84. IC 9-18-25-1, AS AMENDED BY P.L.58-2006,
SECTION 3, AND AS AMENDED BY P.L.68-2006, SECTION 3, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 1. This chapter does not apply
to the following:
(1) Antique motor vehicle license plates (IC 9-18-12).
(2) Recovery vehicle license plates (IC 9-18-13).
(3) Personalized license plates (IC 9-18-15).
(4) Prisoner of war license plates (IC 9-18-17).
(5) Disabled veteran license plates (IC 9-18-18).
(6) Purple Heart license plates (IC 9-18-19).
(7) Indiana National Guard license plates (IC 9-18-20).
(8) Person with a disability license plates (IC 9-18-22).
(9) Amateur radio operator license plates (IC 9-18-23).
(10) In God We Trust license plates (IC 9-18-24.5).
(10) (11) Pearl Harbor survivor license plates (IC 9-18-45.8).
(11) (12) Hoosier veteran license plates (IC 9-18-50).
(12) (13) Support our troops license plates (IC 9-18-51).
SOURCE: IC 9-19-6-1.5; (07)HE1084.1.85. -->
SECTION 85. IC 9-19-6-1.5, AS ADDED BY P.L.183-2005,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1.5. As used in this chapter, "operating crew
member" has the meaning set forth in IC 8-9-12-2.
SOURCE: IC 9-29-3-9; (07)HE1084.1.86. -->
SECTION 86. IC 9-29-3-9, AS AMENDED BY P.L.210-2005,
SECTION 58, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 9. (a) The service charge for each learner's
permit, chauffeur's license, or public passenger chauffeur's license is
two dollars ($2). This subsection expires December 31, 2005.
(b) (a) Fifty cents ($0.50) of each service charge collected under
this section shall be deposited in the state motor vehicle technology
fund established by IC 9-29-16-1.
(c) After December 31, 2005, (b) The service charge for a learner's
permit, public passenger chauffeur's license, or chauffeur's license
issued to or renewed for an individual who is at least seventy-five (75)
years of age is two dollars ($2). After December 31, 2005, the service
charge for a chauffeur's license issued to or renewed for an individual
less than seventy-five (75) years of age is three dollars ($3).
SOURCE: IC 9-29-3-10; (07)HE1084.1.87. -->
SECTION 87. IC 9-29-3-10, AS AMENDED BY P.L.210-2005,
SECTION 59, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 10. (a) The service charge for each temporary
motorcycle learner's permit, motorcycle learner's permit, or motorcycle
endorsement of an operator's license is one dollar and fifty cents
($1.50). This subsection expires December 31, 2005.
(b) (a) Fifty cents ($0.50) of each service charge collected under
this section shall be deposited in the state motor vehicle technology
fund established by IC 9-29-16-1.
(c) After December 31, 2005, (b) The service charge for a
temporary motorcycle learner's permit, motorcycle learner's permit, or
motorcycle endorsement of an operator's license issued to or renewed
for an individual who is at least seventy-five (75) years of age is one
dollar and fifty cents ($1.50). After December 31, 2005, The service
charge for a motorcycle endorsement of an operator's license issued to
or renewed for an individual less than seventy-five (75) years of age is
two dollars and twenty-five cents ($2.25).
SOURCE: IC 9-29-3-14; (07)HE1084.1.88. -->
SECTION 88. IC 9-29-3-14, AS AMENDED BY P.L.1-2006,
SECTION 167, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 14.
(a) Except as provided in
IC 9-24-16-10, the service charge for an identification card issued
under IC 9-24 is fifty cents ($0.50) and one-half (1/2) of each fee
collected as set forth in IC 9-29-9-15. This subsection expires
December 31, 2005.
(b) (a) Fifty cents ($0.50) of each service charge collected under
this section shall be deposited in the state motor vehicle technology
fund established by IC 9-29-16-1.
(c) After December 31, 2005, (b) The service charge for an
identification card issued under IC 9-24 is seventy-five cents ($0.75)
and one-half (1/2) of each fee collected as set forth in IC 9-29-9-15.
SOURCE: IC 9-29-9-4; (07)HE1084.1.89. -->
SECTION 89. IC 9-29-9-4, AS AMENDED BY P.L.210-2005,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4. (a) The fee for a chauffeur's license issued
under IC 9-24-4 is eight dollars ($8). This subsection expires
December 31, 2005.
(b) After December 31, 2005, The fee for a chauffeur's license
issued under IC 9-24-4 or renewed under IC 9-24-12 to an individual
who is:
(1) at least seventy-five (75) years of age is eight dollars ($8); and
(2) less than seventy-five (75) years of age is twelve dollars ($12).
SOURCE: IC 9-29-9-6; (07)HE1084.1.90. -->
SECTION 90. IC 9-29-9-6, AS AMENDED BY P.L.210-2005,
SECTION 68, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 6. (a) The fee for a four (4) year motorcycle
operator's license issued under IC 9-24-8 is six dollars ($6). This
subsection expires December 31, 2005.
(b) After December 31, 2005, The fee for a motorcycle operator's
license issued under IC 9-24-8 or renewed under IC 9-24-12 to an
individual who is:
(1) at least seventy-five (75) years of age is six dollars ($6); and
(2) less than seventy-five (75) years of age is nine dollars ($9).
SOURCE: IC 9-29-9-7; (07)HE1084.1.91. -->
SECTION 91. IC 9-29-9-7, AS AMENDED BY P.L.210-2005,
SECTION 69, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 7. (a) The fee for a motorcycle operator
endorsement of an operator's license is three dollars ($3). This
subsection expires December 31, 2005.
(b) After December 31, 2005, The fee for validation of a motorcycle
operator endorsement under IC 9-24-8-4 and IC 9-24-12-7(c) of an
operator's license issued to an individual who is:
(1) at least seventy-five (75) years of age is three dollars ($3); and
(2) less than seventy-five (75) years of age is four dollars and fifty
cents ($4.50).
SOURCE: IC 9-29-9-8; (07)HE1084.1.92. -->
SECTION 92. IC 9-29-9-8, AS AMENDED BY P.L.210-2005,
SECTION 70, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 8.
(a) The fee for a motorcycle operator
endorsement of a chauffeur's license is three dollars ($3). This
subsection expires December 31, 2005.
(b) After December 31, 2005, The fee for validation of a motorcycle
operator endorsement under IC 9-24-8-4 and IC 9-24-12-7(c) of a
chauffeur's license issued to an individual who is:
(1) at least seventy-five (75) years of age is three dollars ($3); and
(2) less than seventy-five (75) years of age is four dollars and fifty
cents ($4.50).
SOURCE: IC 9-29-9-15; (07)HE1084.1.93. -->
SECTION 93. IC 9-29-9-15, AS AMENDED BY P.L.1-2006,
SECTION 168, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 15. (a) Except as provided in
IC 9-24-16-10, the fees for the issuance, renewal, or duplication of
identification cards under IC 9-24-16 are as follows:
(1) For a person at least sixty-five (65) years of age or a person
with a physical disability and not entitled to obtain a driver's
license, two dollars ($2).
(2) For any other eligible person, four dollars ($4).
This subsection expires December 31, 2005.
(b) After December 31, 2005, The fees for the issuance, the renewal,
or a duplicate of an identification card under IC 9-24-16 are as follows:
(1) For an individual at least sixty-five (65) years of age or an
individual with a physical disability and not entitled to obtain a
driver's license, three dollars and fifty cents ($3.50).
(2) For any other individual, six dollars ($6).
SOURCE: IC 9-30-2-7; (07)HE1084.1.94. -->
SECTION 94. IC 9-30-2-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7. (a) The:
(1) superintendent of the state police department;
(2) police chief of each city or the police chief's designee;
(3) sheriff of each county; and
(4) the town marshal or police chief of each town;
shall report to the bureau immediately the arrest of a person for a
violation of an Indiana law or a city ordinance relating to the operation
of motor vehicles upon the highways.
(b) The report must state the following:
(1) The offense with which the operator or driver is charged.
(2) The court in which pending.
(3) The names of all available witnesses to the violation.
(4) The name and address of the operator.
(5) If the operator is the holder of a license, the following:
(A) The kind of license and license number.
(B) The license plate number of the vehicle operated by the
operator.
(c) The bureau shall cause the report:
(1) to be filed in the bureau; and
(2) retained for at least two (2) years.
(d) The bureau shall prescribe and the bureau shall furnish the form
of the report required by this section.
SOURCE: IC 9-30-6-4.3; (07)HE1084.1.95. -->
SECTION 95. IC 9-30-6-4.3, AS ADDED BY P.L.94-2006,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4.3. (a) This section applies only to a person
whose motor vehicle has been seized under IC 34-24-1-1(14).
IC 34-24-1-1(15).
(b) If the bureau receives an order from a court recommending that
the bureau not register a motor vehicle in the name of a person whose
motor vehicle has been seized under IC 34-24-1-1(15), the bureau may
not register a motor vehicle in the name of the person whose motor
vehicle has been seized until the person proves that the person
possesses a current driving license.
SOURCE: IC 10-13-3-5; (07)HE1084.1.96. -->
SECTION 96. IC 10-13-3-5, AS AMENDED BY P.L.20-2006,
SECTION 1, AND AS AMENDED BY P.L.140-2006, SECTION 4
AND P.L.173-2006, SECTION 4, IS CORRECTED AND AMENDED
TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5.
(a) As used in this chapter, "criminal history data" means information
collected by criminal justice agencies, the United States Department of
Justice for the department's information system, or individuals.
(b) The term consists of the following:
(1) Identifiable descriptions and notations of arrests, indictments,
informations, or other formal criminal charges.
(2) Information, including a photograph, regarding a sex and
violent offender (as defined in IC 5-2-12-4) IC 11-8-8-5) obtained
through sex and violent offender registration under IC 5-2-12.
IC 11-8-8.
(3) Any disposition, including sentencing, and correctional system
intake, transfer, and release.
(4) A photograph of the person who is the subject of the
information described in subdivisions (1) through (3).
SOURCE: IC 10-13-3-27; (07)HE1084.1.97. -->
SECTION 97. IC 10-13-3-27, AS AMENDED BY P.L.1-2006,
SECTION 171, AND AS AMENDED BY P.L.140-2006, SECTION 5
AND P.L.173-2006, SECTION 5, IS CORRECTED AND AMENDED
TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 27.
(a) Except as provided in subsection (b), on request, a law enforcement
agency shall release a limited criminal history to or allow inspection of
a limited criminal history by noncriminal justice organizations or
individuals only if the subject of the request:
(1) has applied for employment with a noncriminal justice
organization or individual;
(2) has applied for a license and
has provided criminal history
data
is as required by law to be provided in connection with the
license;
(3) is a candidate for public office or a public official;
(4) is in the process of being apprehended by a law enforcement
agency;
(5) is placed under arrest for the alleged commission of a crime;
(6) has charged that the subject's rights have been abused
repeatedly by criminal justice agencies;
(7) is the subject of a judicial decision or determination with
respect to the setting of bond, plea bargaining, sentencing, or
probation;
(8) has volunteered services that involve contact with, care of, or
supervision over a child who is being placed, matched, or
monitored by a social services agency or a nonprofit corporation;
(9) is currently residing in a location designated by the
department of child services (established by IC 31-33-1.5-2)
IC 31-25-1-1) or by a juvenile court as the out-of-home placement
for a child at the time the child will reside in the location;
(10) has volunteered services at a public school (as defined in
IC 20-18-2-15) or nonpublic school (as defined in IC 20-18-2-12)
that involve contact with, care of, or supervision over a student
enrolled in the school;
(11) is being investigated for welfare fraud by an investigator of
the division of family resources or a county office of family and
children;
(12) is being sought by the parent locator service of the child
support bureau of the division department of family and children;
child services;
(13) is or was required to register as a sex and violent offender
under IC 5-2-12; IC 11-8-8; or
(14) has been convicted of any of the following:
(A) Rape (IC 35-42-4-1), if the victim is less than eighteen
(18) years of age.
(B) Criminal deviate conduct (IC 35-42-4-2), if the victim is
less than eighteen (18) years of age.
(C) Child molesting (IC 35-42-4-3).
(D) Child exploitation (IC 35-42-4-4(b)).
(E) Possession of child pornography (IC 35-42-4-4(c)).
(F) Vicarious sexual gratification (IC 35-42-4-5).
(G) Child solicitation (IC 35-42-4-6).
(H) Child seduction (IC 35-42-4-7).
(I) Sexual misconduct with a minor as a felony (IC 35-42-4-9).
(J) Incest (IC 35-46-1-3), if the victim is less than eighteen
(18) years of age.
However, limited criminal history information obtained from the
National Crime Information Center may not be released under this
section except to the extent permitted by the Attorney General of the
United States.
(b) A law enforcement agency shall allow inspection of a limited
criminal history by and release a limited criminal history to the
following noncriminal justice organizations:
(1) Federally chartered or insured banking institutions.
(2) Officials of state and local government for any of the
following purposes:
(A) Employment with a state or local governmental entity.
(B) Licensing.
(3) Segments of the securities industry identified under 15 U.S.C.
78q(f)(2).
(c) Any person who uses limited criminal history for any purpose
not specified under this section commits a Class A misdemeanor.
SOURCE: IC 10-14-3-19; (07)HE1084.1.98. -->
SECTION 98. IC 10-14-3-19, AS AMENDED BY P.L.84-2006,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 19. (a) The governor, or the executive director
at the request of the governor, may establish the number of mobile
support units necessary to respond to a disaster, public health
emergency, public safety emergency, or other event that requires
emergency action. A mobile support unit may consist of at least one (1)
individual. or more individuals. The executive director shall appoint
a commander for each unit who has primary responsibility for the:
(1) organization;
(2) administration; and
(3) operation;
of the unit. Mobile support units shall be called to duty for training, an
exercise, or a response upon orders of the governor or the executive
director and shall perform the units' functions in any part of Indiana or
in other states, upon the conditions specified in this section. The term
of this duty shall be for a limited period of not more than sixty (60)
days. However, the executive director may renew the duty orders for
successive periods of not more than sixty (60) days if necessary for the
mobile support unit to participate in or respond to the event. Members
serving on the mobile support units are immune from discipline or
termination by the members' employers for serving in the units.
(b) An individual selected to serve as a member of a mobile support
unit may be unemployed, retired, self-employed, or employed:
(1) in any capacity, including:
(A) emergency management;
(B) fire services;
(C) emergency medical services;
(D) law enforcement;
(E) public health;
(F) medicine;
(G) public works; or
(H) mental health; and
(2) by any employer, including:
(A) the federal government;
(B) the state;
(C) a political subdivision; or
(D) a business or organization.
(c) While on duty for training, an exercise, or a response, an
individual serving as a member of a mobile support unit, whether
within or outside Indiana:
(1) if the individual is an employee of the state or a political
subdivision of the state, whether serving within or outside the
political subdivision, the individual has the:
(A) powers;
(B) duties;
(C) rights;
(D) privileges; and
(E) immunities;
and shall receive the compensation and benefits incidental to the
individual's employment; and
(2) if the individual is not an employee of the state or a political
subdivision of the state, the individual is entitled to the same
rights and immunities that are provided for an employee of the
state.
An individual described in this subsection is considered an emergency
management worker for purposes of section 15 of this chapter.
(d) If a mobile support unit is deployed outside Indiana under the
emergency management assistance compact, an individual serving as
a member of the mobile support unit who is not an employee of the
state is considered an employee of the state for purposes of the
compact.
(e) Personnel of mobile support units, while on duty, are subject to
the operational control of the authority in charge of emergency
management activities in the area in which the personnel are serving.
(f) The state may reimburse a political subdivision for:
(1) the compensation paid and actual and necessary travel,
subsistence, and maintenance expenses of an employee of the
political subdivision while the employee is serving as a member
of a mobile support unit;
(2) all payments for death, disability, or injury of an employee
incurred in the course of duty while the employee was serving as
a member of a mobile support unit; and
(3) all losses of or damage to supplies and equipment of the
political subdivision or the employee incurred while the employee
was serving as a member of a mobile support unit.
(g) For an individual of a mobile support unit who is not an
employee of the state or a public political subdivision, the state may:
(1) compensate the individual:
(A) at a rate of pay approved by the executive director;
(B) by reimbursing the individual for the actual and necessary:
(i) travel;
(ii) subsistence; and
(iii) maintenance;
expenses of the individual of the mobile support unit incurred
while the individual is on duty as a member of a mobile
support unit; and
(C) for all losses of or damage to supplies and equipment of
the individual incurred while the individual is on duty as a
member of a mobile support unit; or
(2) reimburse the individual's employer for:
(A) the compensation paid and the actual and necessary:
(i) travel;
(ii) subsistence; and
(iii) maintenance;
expenses of the employee while the employee is on duty as a
member of a mobile support unit;
(B) all payments for:
(i) death;
(ii) disability; or
(iii) injury;
of the employee while the employee was on duty as a member
of a mobile support unit; and
(C) all losses of or damage to supplies and equipment of the
employer or the employee incurred in the course of duty while
the employee was on duty as a member of a mobile support
unit.
(h) An officer or employee of the state by virtue of employment is
subject to assignment:
(1) on a permanent basis to a mobile support unit in accordance
with the state:
(A) emergency management program; and
(B) emergency operations plan; or
(2) on a temporary basis to an emergency management activity to
meet a particular need in the event of an emergency.
Refusal to accept and perform the duties of an assignment constitutes
grounds for dismissal from state employment.
SOURCE: IC 10-19-1-5; (07)HE1084.1.99. -->
SECTION 99. IC 10-19-1-5, AS ADDED BY P.L.101-2006,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 5. "Fusion center" refers to the Indiana
intelligence fusion center established by IC 10-19-10-1. IC 10-19-10-2.
SOURCE: IC 11-8-8-11; (07)HE1084.1.100. -->
SECTION 100. IC 11-8-8-11, AS ADDED BY P.L.173-2006,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 11. (a) If a sex offender who is required to
register under this chapter changes:
(1) principal residence address; or
(2) if section 7(a)(2) or 7(a)(3) of this chapter applies, the place
where the sex offender stays in Indiana;
the sex offender shall register not more than seventy-two (72) hours
after the address change with the local law enforcement authority with
whom the sex offender last registered.
(b) If a sex offender moves to a new county in Indiana, the local law
enforcement authority referred to in subsection (a) shall inform the
local law enforcement authority in the new county in Indiana of the sex
offender's residence and forward all relevant registration information
concerning the sex offender to the local law enforcement authority in
the new county. The local law enforcement authority receiving notice
under this subsection shall verify the address of the sex offender under
section 13 of this chapter not more than seven (7) days after receiving
the notice.
(c) If a sex offender who is required to register under section 7(a)(2)
or 7(a)(3) of this chapter changes the sex offender's principal place of
employment, principal place of vocation, or campus or location where
the sex offender is enrolled in school, the sex offender shall register not
more than seventy-two (72) hours after the change with the local law
enforcement authority with whom the sex offender last registered.
(d) If a sex offender moves the sex offender's place of employment,
vocation, or enrollment to a new county in Indiana, the local law
enforcement authority referred to in subsection (c) shall inform the
local law enforcement authority in the new county of the sex offender's
new principal place of employment, vocation, or enrollment by
forwarding relevant registration information to the local law
enforcement authority in the new county.
(e) If a sex offender moves the sex offender's residence, place of
employment, vocation, or enrollment to a new state, the local law
enforcement authority shall inform the state police in the new state of
the sex offender's new place of residence, employment, vocation, or
enrollment.
(f) A local law enforcement authority shall make registration
information, including information concerning the duty to register and
the penalty for failing to register, available to a sex offender.
(g) A local law enforcement authority who is notified of a change
under subsection (a) or (c) shall immediately update the Indiana sex
offender registry web site established under IC 36-2-13-5.5.
SOURCE: IC 11-10-8-3; (07)HE1084.1.101. -->
SECTION 101. IC 11-10-8-3, AS AMENDED BY P.L.1-2005,
SECTION 124, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 3. (a) Before an offender may
be assigned to a minimum security release program:
(1) the offender must be assigned to a minimum security
classification in accord with IC 35-38-3 (any change in the degree
of security, from minimum to a higher degree, whether the change
occurs before or after assignment to a release program, renders
the offender ineligible for participation in the release program,
and the department shall take appropriate action for the offender's
immediate removal from the release program and reassignment to
a facility or program consistent with the offender's degree of
security assignment); and
(2) the department must find that:
(A) the offender is likely to respond affirmatively to the
program;
(B) it is reasonably unlikely that the offender will commit
another crime while assigned to the program; and
(C) the offender demonstrates reading and writing skills that
meet minimum literacy standards:
(i) developed by the department;
with the assistance of the
advisory adult literacy coalition established by the governor
under IC 20-20-21; and
(ii) established under rules adopted by the department under
IC 4-22-2.
(b) The minimum literacy standards adopted by the department
under subsection (a)(2)(C) must provide that an offender is exempt
from those standards if the department determines that:
(1) the offender is unable to meet the minimum literacy standards
as a result of a disability; or
(2) the length of the offender's sentence prevents the offender
from achieving the minimum literacy standards before the
expiration of the offender's sentence.
SOURCE: IC 11-13-1-8; (07)HE1084.1.102. -->
SECTION 102. IC 11-13-1-8, AS AMENDED BY P.L.141-2006,
SECTION 10, AND AS AMENDED BY P.L.145-2006, SECTION 31,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 8. (a) As used in this section,
"board" refers to the board of directors of the judicial conference of
Indiana established by IC 33-38-9-3.
(b) The board shall adopt rules consistent with this chapter,
prescribing minimum standards concerning:
(1) educational and occupational qualifications for employment
as a probation officer;
(2) compensation of probation officers;
(3) protection of probation records and disclosure of information
contained in those records; and
(4) presentence investigation reports.
(c) The conference shall prepare a written examination to be used
in establishing lists of persons eligible for appointment as probation
officers. The conference shall prescribe the qualifications for entrance
to the examination and establish a minimum passing score and rules for
the administration of the examination after obtaining recommendations
on these matters from the probation standards and practices advisory
committee. The examination must be offered at least once every other
month.
(d) The conference shall, by its rules, establish an effective date for
the minimum standards and written examination for probation officers.
(e) The conference shall provide probation departments with
training and technical assistance for:
(1) the implementation and management of probation case
classification; and
(2) the development and use of workload information.
The staff of the Indiana judicial center may include a probation case
management coordinator and probation case management assistant.
(f) The conference shall, in cooperation with the
division of family
and children department of child services and the department of
education, provide probation departments with training and technical
assistance relating to special education services and programs that may
be available for delinquent children or children in need of services. The
subjects addressed by the training and technical assistance must
include the following:
(1) Eligibility standards.
(2) Testing requirements and procedures.
(3) Procedures and requirements for placement in programs
provided by school corporations or special education cooperatives
under IC 20-35-5.
(4) Procedures and requirements for placement in residential
special education institutions or facilities under IC 20-35-6-2 and
511 IAC 7-27-12.
(5) Development and implementation of individual education
programs for eligible children in:
(A) accordance with applicable requirements of state and
federal laws and rules; and
(B) in coordination with:
(i) individual case plans; and
(ii) informal adjustment programs or dispositional decrees
entered by courts having juvenile jurisdiction under
IC 31-34 and IC 31-37.
(6) Sources of federal, state, and local funding that is or may be
available to support special education programs for children for
whom proceedings have been initiated under IC 31-34 and
IC 31-37.
Training for probation departments may be provided jointly with
training provided to child welfare caseworkers relating to the same
subject matter.
(g) The conference shall, in cooperation with the division of mental
health and addiction (IC 12-21) and the division of disability aging, and
rehabilitative services (IC 12-9-1), provide probation departments with
training and technical assistance concerning mental illness, addictive
disorders, mental retardation, and developmental disabilities.
(h) The conference shall make recommendations to courts and
probation departments concerning:
(1) selection, training, distribution, and removal of probation
officers;
(2) methods and procedure for the administration of probation,
including investigation, supervision, workloads, record keeping,
and reporting; and
(3) use of citizen volunteers and public and private agencies.
(i) The conference may delegate any of the functions described in
this section to the advisory committee or the Indiana judicial center.
SOURCE: IC 11-13-3-4; (07)HE1084.1.103. -->
SECTION 103. IC 11-13-3-4, AS AMENDED BY P.L.60-2006,
SECTION 1, AND AS AMENDED BY P.L.139-2006, SECTION 2,
AND AS AMENDED BY P.L.140-2006, SECTION 15 AND
P.L.173-2006, SECTION 15, IS CORRECTED AND AMENDED TO
READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. (a) A
condition to remaining on parole is that the parolee not commit a crime
during the period of parole.
(b) The parole board may also adopt, under IC 4-22-2, additional
conditions to remaining on parole and require a parolee to satisfy one
(1) or more of these conditions. These conditions must be reasonably
related to the parolee's successful reintegration into the community and
not unduly restrictive of a fundamental right.
(c) If a person is released on parole the parolee shall be given a
written statement of the conditions of parole. Signed copies of this
statement shall be:
(1) retained by the parolee;
(2) forwarded to any person charged with the parolee's
supervision; and
(3) placed in the parolee's master file.
(d) The parole board may modify parole conditions if the parolee
receives notice of that action and had ten (10) days after receipt of the
notice to express the parolee's views on the proposed modification.
This subsection does not apply to modification of parole conditions
after a revocation proceeding under section 10 of this chapter.
(e) As a condition of parole, the parole board may require the
parolee to reside in a particular parole area. In determining a parolee's
residence requirement, the parole board shall:
(1) consider:
(A) the residence of the parolee prior to the parolee's
incarceration; and
(B) the parolee's place of employment; and
(2) assign the parolee to reside in the county where the parolee
resided prior to the parolee's incarceration unless assignment on
this basis would be detrimental to the parolee's successful
reintegration into the community.
(f) As a condition of parole, the parole board may require the
parolee to:
(1) periodically undergo a laboratory chemical test (as defined in
IC 14-15-8-1) or series of tests to detect and confirm the presence
of a controlled substance (as defined in IC 35-48-1-9); and
(2) have the results of any test under this subsection reported to
the parole board by the laboratory.
The parolee is responsible for any charges resulting from a test
required under this subsection. However, a person's parole may not be
revoked on the basis of the person's inability to pay for a test under this
subsection.
(g) As a condition of parole, the parole board:
(1) may require a parolee who is a sex and violent offender (as
defined in IC 5-2-12-4) IC 11-8-8-5) to:
(A) participate in a treatment program for sex offenders
approved by the parole board; and
(B) avoid contact with any person who is less than sixteen (16)
years of age unless the parolee:
(i) receives the parole board's approval; or
(ii) successfully completes the treatment program referred to
in clause (A); and
(2) shall:
(A) require a parolee who is an a sex offender (as defined in
IC 5-2-12-4) IC 11-8-8-5) to register with a sheriff (or the
police chief of a consolidated city) local law enforcement
authority under IC 5-2-12-5; IC 11-8-8;
(B) prohibit the sex offender from residing within one
thousand (1,000) feet of school property (as defined in
IC 35-41-1-24.7) for the period of parole, unless the sex
offender obtains written approval from the parole board; and
(C) prohibit a parolee who is an a sex offender convicted of a
sex offense (as defined in IC 35-38-2-2.5) from residing within
one (1) mile of the victim of the sex offender's sex offense
unless the sex offender obtains a waiver under IC 35-38-2-2.5;
and
(D) prohibit a parolee from owning, operating, managing,
being employed by, or volunteering at any attraction designed
to be primarily enjoyed by children less than sixteen (16)
years of age.
The parole board may not grant a sexually violent predator (as defined
in IC 35-38-1-7.5) a waiver under subdivision (2)(B) or (2)(C). If the
parole board allows the sex offender to reside within one thousand
(1,000) feet of school property under subdivision (2)(B), the parole
board shall notify each school within one thousand (1,000) feet of the
sex offender's residence of the order.
(h) The address of the victim of a parolee who is an a sex offender
convicted of a sex offense (as defined in IC 35-38-2-2.5) is
confidential, even if the sex offender obtains a waiver under
IC 35-38-2-2.5.
(i) As a condition of parole, the parole board may require a parolee
to participate in a reentry court program.
(i) (j) As a condition of parole, the parole board:
(1) shall require a parolee who is a sexually violent predator
under IC 35-38-1-7.5; and
(2) may require a parolee who is a sex offender (as defined in
IC 5-2-12-4); IC 11-8-8-5);
to wear a monitoring device (as described in IC 35-38-2.5-3) that can
transmit information twenty-four (24) hours each day regarding a
person's precise location.
(j) (k) As a condition of parole, the parole board may prohibit, in
accordance with IC 35-38-2-2.5, IC 35-38-2-2.6, a parolee who has
been convicted of stalking from residing within one thousand (1,000)
feet of the residence of the victim of the stalking for a period that does
not exceed five (5) years.
SOURCE: IC 12-7-2-24; (07)HE1084.1.104. -->
SECTION 104. IC 12-7-2-24, AS AMENDED BY P.L.141-2006,
SECTION 14, AND AS AMENDED BY P.L.145-2006, SECTION 36,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 24. "Bureau" means the
following:
(1) For purposes of IC 12-10, the bureau of aging and in-home
services established by IC 12-10-1-1.
(2) For purposes of IC 12-11, the bureau of developmental
disabilities services established by IC 12-11-1.1-1.
(3) For purposes of IC 12-12, the rehabilitation services bureau of
the division of disability aging, and rehabilitative services
established by IC 12-12-1-1.
(4) For purposes of IC 12-12.5, the bureau of quality
improvement services established by IC 12-12.5-1-1.
(5) For purposes of IC 12-17-2, the meaning set forth in
IC 12-17-2-1.
SOURCE: IC 12-7-2-34; (07)HE1084.1.105. -->
SECTION 105. IC 12-7-2-34, AS AMENDED BY P.L.12-2006,
SECTION 1, AND AS AMENDED BY P.L.181-2006, SECTION 50,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 34. "Commission" means the
following:
(1) For purposes of IC 12-10-2, the meaning set forth in
IC 12-10-2-1.
(2) For purposes of IC 12-11-7, the meaning set forth in
IC 12-11-7-1.
(3) For purposes of IC 12-12-2, the meaning set forth in
IC 12-12-2-1.
(4) For purposes of IC 12-13-14, the meaning set forth in
IC 12-13-14-1.
(5) For purposes of IC 12-14-12, the meaning set forth in
IC 12-14-12-1.
(6) (5) For purposes of IC 12-21-6.5, the meaning set forth in
IC 12-21-6.5-1.
(5) (7) (6) For purposes of IC 12-28-1, the meaning set forth in
IC 12-28-1-3.
SOURCE: IC 12-7-2-35; (07)HE1084.1.106. -->
SECTION 106. IC 12-7-2-35, AS AMENDED BY P.L.107-2005,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 35. "Committee" means the following:
(1) For purposes of IC 12-8-3, the meaning set forth in
IC 12-8-3-1.
(2) For purposes of IC 12-15-33, the meaning set forth in
IC 12-15-33-1.
(3) For purposes of IC 12-17.2-3.2, the meaning set forth in
IC 12-17.2-3.2-1.
SOURCE: IC 12-7-2-64; (07)HE1084.1.107. -->
SECTION 107. IC 12-7-2-64, AS AMENDED BY P.L.141-2006,
SECTION 16, AND AS AMENDED BY P.L.145-2006, SECTION 47,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 64. "Director" refers to the
following:
(1) With respect to a particular division, the director of the
division.
(2) With respect to a particular state institution, the director who
has administrative control of and responsibility for the state
institution.
(3) For purposes of IC 12-10-15, the term refers to the director of
the division of disability, aging. and rehabilitative services.
(4) For purposes of IC 12-19-5, the term refers to the director of
the department of child services established by IC 31-33-1.5-2.
IC 31-25-1-1.
(5) For purposes of IC 12-25, the term refers to the director of the
division of mental health and addiction.
(6) For purposes of IC 12-26, the term:
(A) refers to the director who has administrative control of and
responsibility for the appropriate state institution; and
(B) includes the director's designee.
(7) If subdivisions (1) through (6) do not apply, the term refers to
the director of any of the divisions.
SOURCE: IC 12-7-2-69; (07)HE1084.1.108. -->
SECTION 108. IC 12-7-2-69, AS AMENDED BY P.L.93-2006,
SECTION 5, AND AS AMENDED BY P.L.141-2006, SECTION 17,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 69. (a) "Division", except as
provided in subsections (b) and (c), refers to any of the following:
(1) The division of disability aging, and rehabilitative services
established by IC 12-9-1-1.
(2) The division of aging established by IC 12-9.1-1-1.
(2) (3) The division of family resources established by
IC 12-13-1-1.
(3) (4) The division of mental health and addiction established by
IC 12-21-1-1.
(b) The term refers to the following:
(1) For purposes of the following statutes, the division of
disability aging, and rehabilitative services established by
IC 12-9-1-1:
(A) IC 12-9.
(B) IC 12-10.
(C) (B) IC 12-11.
(D) (C) IC 12-12.
(E) (D) IC 12-12.5.
(F) (E) IC 12-12.7.
(2) For purposes of the following statutes, the division of aging
established by IC 12-9.1-1-1:
(A) IC 12-9.1.
(B) IC 12-10.
(2) (3) For purposes of the following statutes, the division of
family resources established by IC 12-13-1-1:
(A) IC 12-13.
(B) IC 12-14.
(C) IC 12-15.
(D) IC 12-16.
(E) IC 12-17.2.
(F) IC 12-18.
(G) IC 12-19.
(H) IC 12-20.
(3) (4) For purposes of the following statutes, the division of
mental health and addiction established by IC 12-21-1-1:
(A) IC 12-21.
(B) IC 12-22.
(C) IC 12-23.
(D) IC 12-25.
(c) With respect to a particular state institution, the term refers to
the division whose director has administrative control of and
responsibility for the state institution.
(d) For purposes of IC 12-24, IC 12-26, and IC 12-27, the term
refers to the division whose director has administrative control of and
responsibility for the appropriate state institution.
SOURCE: IC 12-7-2-184.5; (07)HE1084.1.109. -->
SECTION 109. IC 12-7-2-184.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 184.5. "State of Indiana
general educational development (GED) diploma", for purposes of
IC 12-14-5, has the meaning set forth in IC 12-14-5-2.
SOURCE: IC 12-8-1-6; (07)HE1084.1.110. -->
SECTION 110. IC 12-8-1-6, AS AMENDED BY P.L.141-2006,
SECTION 26, AND AS AMENDED BY P.L.145-2006, SECTION 63,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 6. (a) The secretary and the
commissioner of the state department of health shall cooperate to
coordinate family and social services programs with related programs
administered by the state department of health.
(b) The secretary, in cooperation with the commissioner of the state
department of health, is accountable for the following:
(1) Resolving administrative, jurisdictional, or policy conflicts
between a division and the state department of health.
(2) Formulating overall policy for family, health, and social
services in Indiana.
(3) Coordinating activities between the programs of the division
of family and children resources and the maternal and child
health programs of the state department of health.
(4) Coordinating activities concerning long term care between the
division of disability aging, and rehabilitative services and the
state department of health.
(5) Developing and implementing a statewide family, health, and
social services plan that includes a set of goals and priorities.
SOURCE: IC 12-8-2-3; (07)HE1084.1.111. -->
SECTION 111. IC 12-8-2-3, AS AMENDED BY P.L.141-2006,
SECTION 27, AND AS AMENDED BY P.L.145-2006, SECTION 64,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 3. Unless otherwise provided
by a statute, this chapter applies to the following:
(1) The family and social services committee established by
IC 12-8-3-2.
(2) The following advisory councils:
(A) The division of disability aging, and rehabilitative services
advisory council.
(B) The division of family and children resources advisory
council.
(C) The division of mental health and addiction advisory
council.
(3) A body:
(A) established by statute for a division; and
(B) whose enabling statute makes this chapter applicable to
the body.
SOURCE: IC 12-8-10-1; (07)HE1084.1.112. -->
SECTION 112. IC 12-8-10-1, AS AMENDED BY P.L.141-2006,
SECTION 29, AND AS AMENDED BY P.L.145-2006, SECTION 66,
AND AS AMENDED BY P.L.181-2006, SECTION 51, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 1. This chapter applies only to
the indicated money of the following state agencies to the extent that
the money is used by the agency to obtain services from grantee
agencies to carry out the program functions of the agency:
(1) Money appropriated or allocated to a state agency from money
received by the state under the federal Social Services Block
Grant Act (42 U.S.C. 1397 et seq.).
(2) The division of disability aging, and rehabilitative services,
except this chapter does not apply to money expended under the
following:
(A) The following statutes, unless application of this chapter
is required by another subdivision of this section:
(i) IC 12-10-6.
(ii) IC 12-10-12.
(B) Epilepsy services.
(3) The division of family and children resources, for money
expended under the following programs:
(A) The following statutes:
(i) IC 12-14-10.
(ii) IC 12-14-11.
(iii) IC 12-14-12.
(B) The following programs:
(i) (A) The child development associate scholarship program.
(ii) (B) The dependent care program.
(iii) (C) Migrant day care.
(iv) (D) The youth services bureau.
(v) (E) The project safe program.
(vi) (F) The commodities program.
(vii) (G) The migrant nutrition program.
(viii) (H) Any emergency shelter program.
(ix) (I) The energy weatherization program.
(x) (J) Programs for individuals with developmental
disabilities.
(4) The state department of health, for money expended under the
following statutes:
(A) IC 16-19-10.
(B) IC 16-38-3.
(5) The group.
(6) All state agencies, for any other money expended for the
purchase of services if all the following apply:
(A) The purchases are made under a contract between the state
agency and the office of the secretary.
(B) The contract includes a requirement that the office of the
secretary perform the duties and exercise the powers described
in this chapter.
(C) The contract is approved by the budget agency.
(7) The division of mental health and addiction.
SOURCE: IC 12-8-14-5; (07)HE1084.1.113. -->
SECTION 113. IC 12-8-14-5, AS AMENDED BY P.L.141-2006,
SECTION 30, AND AS AMENDED BY P.L.145-2006, SECTION 67,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 5. Services to support families
of persons with disabilities and persons with disabilities may include
services available within the division of family and children,
resources, the division of disability aging, and rehabilitative services,
the division of aging, the division of mental health and addiction, the
state department of health, the department of education, the department
of workforce development, and the department of correction, including
case management and service coordination.
SOURCE: IC 12-9-1-3; (07)HE1084.1.114. -->
SECTION 114. IC 12-9-1-3, AS AMENDED BY P.L.93-2006,
SECTION 8, AND AS AMENDED BY P.L.141-2006, SECTION 32,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 3. The division consists of the
following bureaus:
(1) Disability determination bureaus required or permitted under
IC 12-9-6.
(2) The bureau of aging and in-home services established by
IC 12-10-1-1.
(3) (2) The rehabilitation services bureau established by
IC 12-12-1-1.
(4) (3) The bureau of developmental disabilities services
established by IC 12-11-1.1-1.
(5) (4) The bureau of quality improvement services established by
IC 12-12.5-1-1.
(6) (5) The bureau of child development services established by
IC 12-12.7-1-1.
SOURCE: IC 12-9-5-1; (07)HE1084.1.115. -->
SECTION 115. IC 12-9-5-1, AS AMENDED BY P.L.93-2006,
SECTION 9, AND AS AMENDED BY P.L.141-2006, SECTION 35,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 1. The division shall administer
money appropriated or allocated to the division by the state, including
money appropriated or allocated from the following:
(1) The Older Americans Act (42 U.S.C. 3001 et seq.).
(2) The United States Department of Agriculture (7 U.S.C. 612C
et seq.).
(3) (1) The federal Vocational Rehabilitation Act (29 U.S.C. 701).
(4) (2) The federal Social Services Block Grant in-home services
for the elderly and disabled (42 U.S.C. 1397 et seq.).
(5) (3) The federal Randolph Sheppard Act (20 U.S.C. 107 et
seq.).
(6) (4) Medicaid waiver in-home services for the elderly and
disabled (42 U.S.C. 1396 et seq.) for treatment of developmental
disabilities.
(7) (5) Office of Disability Determination (42 U.S.C. 1302 and 42
U.S.C. 1383).
(8) (6) The federal Improving Access to Assistive Technology
Related Assistance to for Individuals with Disabilities Act (29
U.S.C. 2201). 3001 et seq.).
(9) (7) The federal Social Security Act Payments for Vocational
Rehabilitation Services (42 U.S.C. 422).
(10) (8) Part C of the federal Individuals with Disabilities
Education Act, Subchapter III (20 U.S.C. 1431 et seq.).
(11) (8) (9) Money appropriated or allocated to the division to
administer a program under this title.
(12) (9) (10) Other funding sources that are designated by the
general assembly or that are available from the federal
government under grants that are consistent with the duties of the
division.
SOURCE: IC 12-9-5-3; (07)HE1084.1.116. -->
SECTION 116. IC 12-9-5-3, AS AMENDED BY P.L.93-2006,
SECTION 10, AND AS AMENDED BY P.L.141-2006, SECTION 36,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 3. The division shall administer
the following programs:
(1) Programs established under any of the following statutes:
(A) This article.
(B) IC 12-10.
(C) (B) IC 12-11.
(D) (C) IC 12-12.
(E) (D) IC 12-12.5.
(F) (E) IC 12-12.7.
(2) Programs under the following statutes, to the extent the
division has responsibilities for programs under those statutes:
(A) IC 12-24.
(B) IC 12-26.
(C) IC 12-27.
(D) IC 12-28.
(E) IC 12-29.
(F) IC 12-30.
(3) Supported employment for a person with developmental
disabilities.
(4) Epilepsy service centers program.
(5) Epilepsy clinic program.
(6) Medicaid waivers for in-home services for treatment of
developmental disabilities.
SOURCE: IC 12-10-6-3; (07)HE1084.1.117. -->
SECTION 117. IC 12-10-6-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. (a) The division,
in cooperation with the state department of health taking into account
licensure requirements under IC 16-28, shall adopt rules under
IC 4-22-2 governing the reimbursement to facilities under section 2
section 2.1 of this chapter. The rules must be designed to determine the
costs that must be incurred by efficiently and economically operated
facilities in order to provide room, board, laundry, and other services,
along with minimal administrative direction to individuals who receive
residential care in the facilities under section 2 section 2.1 of this
chapter. A rule adopted under this subsection by:
(1) the division; or
(2) the state department of health;
must conform to the rules for residential care facilities that are licensed
under IC 16-28.
(b) Any rate established under section 2 section 2.1 of this chapter
may be appealed according to the procedures under IC 4-21.5.
(c) The division shall annually review each facility's rate using the
following:
(1) Generally accepted accounting principles.
(2) The costs incurred by efficiently and economically operated
facilities in order to provide care and services in conformity with
quality and safety standards and applicable laws and rules.
SOURCE: IC 12-10-6-4; (07)HE1084.1.118. -->
SECTION 118. IC 12-10-6-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. (a) An individual
who:
(1) is receiving residential care assistance under section 1 or
2 2.1
of this chapter; and
(2) has an increase in income that would make the individual
ineligible for residential care assistance;
may elect to continue to be eligible for residential care assistance by
paying the excess income to the home or facility that provides
residential care.
(b) If an individual applies the excess income toward the residential
care assistance under subsection (a), the division shall reduce the
payment to the home or facility that provides residential care by the
amount received by the home or facility.
SOURCE: IC 12-13-5-2; (07)HE1084.1.119. -->
SECTION 119. IC 12-13-5-2, AS AMENDED BY P.L.173-2006,
SECTION 45, AND AS AMENDED BY P.L.181-2006, SECTION 53,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 2. The division shall administer
the following:
(1) Any sexual offense services.
(2) A child development associate scholarship program.
(3) Any school age dependent care program.
(4) Migrant day care services.
(5) Prevention services to high risk youth.
(6) Any commodities program.
(7) (6) The migrant nutrition program.
(8) Any emergency shelter programs.
(9) Any weatherization programs.
(10) The Housing Assistance Act of 1937 (42 U.S.C. 1437).
(11) (7) The home visitation and social services program.
(12) (8) The educational consultants program.
(13) (9) Community restitution or service programs.
(14) (10) The crisis nursery program.
(15) Energy assistance programs.
(16) (11) Domestic violence programs.
(17) (12) Social services programs.
(18) Assistance to migrants and seasonal farmworkers.
(19) (13) The step ahead comprehensive early childhood grant
program.
(20) (14) Assistance to victims of human and sexual trafficking
offenses as provided in IC 35-42-3.5-4, as appropriate.
(20) (21) (14) (15) Any other program:
(A) designated by the general assembly; or
(B) administered by the federal government under grants
consistent with the duties of the division.
SOURCE: IC 12-14-2.5-3; (07)HE1084.1.120. -->
SECTION 120. IC 12-14-2.5-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. A person who is
in the United States without permission of the Immigration and
Naturalization Service United States Citizenship and Immigration
Services is not entitled to receive any assistance under this article.
SOURCE: IC 12-15-2.5-3; (07)HE1084.1.121. -->
SECTION 121. IC 12-15-2.5-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. A person who is
in the United States without permission of the Immigration and
Naturalization Service United States Citizenship and Immigration
Services is not entitled to receive assistance under this article.
SOURCE: IC 12-15-8.5-2; (07)HE1084.1.122. -->
SECTION 122. IC 12-15-8.5-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) Subject to
section 10 of this chapter, When the office, in accordance with 42
U.S.C. 1396p, determines that a Medicaid recipient who resides in a
medical institution cannot reasonably be expected to be discharged
from a medical institution and return home, the office may obtain a lien
on the Medicaid recipient's real property for the cost of all Medicaid
expenditures made on behalf of the recipient.
(b) The office shall conduct a look back (as described in 42 U.S.C.
1396p(c)) of a Medicaid recipient's property of at least three (3) years.
(c) A lien obtained under this chapter is subordinate to the security
interest of a financial institution that loans money to be used as
operating capital for the operation of a farm, a business, or income
producing real property.
SOURCE: IC 12-17.2-4-29; (07)HE1084.1.123. -->
SECTION 123. IC 12-17.2-4-29, AS AMENDED BY P.L.145-2006,
SECTION 98, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 29. (a) The division shall investigate a report
of an unlicensed child care center and report the division's findings to
the attorney general and to the division's attorney and the prosecuting
attorney in the county where the child care center is located.
(b) The attorney general or the division's attorney may do the
following:
(1) Seek the issuance of a search warrant to assist in the
investigation.
(2) File an action for injunctive relief to stop the operation of a
child care center if there is reasonable cause to believe that:
(A) the child care center is operating without a license
required under this article; or
(B) a licensee's noncompliance with this article and the rules
adopted under this article creates an imminent danger of
serious bodily injury to a child or an imminent danger to the
health of a child.
(3) Seek in a civil action a civil penalty not to exceed one hundred
dollars ($100) a day for each day a child care center is operating
without a license required under this article.
(c) The division may provide for the removal of children from child
care centers described in subsection (b).
(d) An opportunity for an informal meeting with the division shall
be available after the injunctive relief is ordered.
(e) The civil penalties collected under this section shall be deposited
in the division of family resources child care fund established by
IC 12-17.2-3-2. IC 12-17.2-2-3.
(f) Section 34 of this chapter does not apply to the civil penalties
imposed under this section.
SOURCE: IC 12-17.2-5-29; (07)HE1084.1.124. -->
SECTION 124. IC 12-17.2-5-29, AS AMENDED BY P.L.145-2006,
SECTION 102, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 29. (a) The division shall
investigate a report of an unlicensed child care home and report the
division's findings to the attorney general and to the division's attorney
and the prosecuting attorney in the county where the child care home
is located.
(b) The attorney general or the county department of public welfare
attorney may do the following:
(1) Seek the issuance of a search warrant to assist in the
investigation.
(2) File an action for injunctive relief to stop the operation of a
child care home if there is reasonable cause to believe that:
(A) the child care home is operating without a license required
under this article; or
(B) a licensee's noncompliance with this article and the rules
adopted under this article creates an imminent danger of
serious bodily injury to a child or an imminent danger to the
health of a child.
(3) Seek in a civil action a civil penalty not to exceed one hundred
dollars ($100) a day for each day a child care home is operating
without a license required under this article.
(c) The division may provide for the removal of children from child
care homes described in subsection (b).
(d) An opportunity for an informal meeting with the division shall
be available after the injunctive relief is ordered.
(e) The civil penalties collected under this section shall be deposited
in the division of family resources child care fund established by
IC 12-17.2-3-2. IC 12-17.2-2-3.
(f) Section 34 of this chapter does not apply to the civil penalties
imposed under this section.
SOURCE: IC 12-20-16-3; (07)HE1084.1.125. -->
SECTION 125. IC 12-20-16-3, AS AMENDED BY P.L.141-2006,
SECTION 60, AND AS AMENDED BY P.L.181-2006, SECTION 55,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 3. (a) The township trustee
may, in cases of necessity, authorize the payment from township
assistance money for essential utility services, including the following:
(1) Water services.
(2) Gas services.
(3) Electric services.
(4) Fuel oil services for fuel oil used for heating or cooking.
(5) Coal, wood, or liquid propane used for heating or cooking.
(b) The township trustee may authorize the payment of delinquent
bills for the services listed in subsection (a)(1) through (a)(5) when
necessary to prevent the termination of the services or to restore
terminated service if the delinquency has lasted not longer than
twenty-four (24) months. The township trustee has no obligation to pay
a delinquent bill for the services or materials listed in subsection (a)(1)
through (a)(5) if the delinquency has lasted longer than twenty-four
(24) months.
(c) The township trustee is not required to pay for any utility
service:
(1) that is not properly charged to:
(A) an adult member of a household;
(B) an emancipated minor who is head of the household; or
(C) a landlord or former member of the household if the
applicant proves that the applicant:
(i) received the services as a tenant residing at the service
address at the time the cost was incurred; and
(ii) is responsible for payment of the bill;
(2) received as a result of a fraudulent act by any adult member of
a household requesting township assistance; or
(3) that includes the use of township assistance funds for the
payment of:
(A) a security deposit; or
(B) damages caused by a township assistance applicant to
utility company property.
(d) The amount paid by the township trustee, as administrator of
township assistance, and the amount charged for water services may
not exceed the minimum rate charged for the service as fixed by the
Indiana utility regulatory commission.
(e) This subsection applies only during the part of each year when
applications for heating assistance are accepted by the division
lieutenant governor under IC 12-14-11. IC 4-4-33. A township trustee
may not provide assistance to make any part of a payment for heating
fuel or electric services for more than thirty (30) days unless the
individual files an application with the township trustee that includes
the following:
(1) Evidence of application for assistance for heating fuel or
electric services from the division under IC 12-14-11. lieutenant
governor.
(2) The amount of assistance received or the reason for denial of
assistance.
The township trustee shall inform an applicant for assistance for
heating fuel or electric services that assistance for heating fuel and
electric services may be available from the division lieutenant
governor under IC 12-14-11 IC 4-4-33 and that the township trustee
may not provide assistance to make any part of a payment for those
services for more than thirty (30) days unless the individual files an
application for assistance for heating fuel or electric services under
IC 12-14-11. IC 4-4-33. However, if the applicant household is eligible
under criteria established by the division of disability and rehabilitative
services lieutenant governor for energy assistance under IC 12-14-11,
IC 4-4-33, the trustee may certify the applicant as eligible for that
assistance by completing an application form prescribed by the state
board of accounts and forwarding the eligibility certificate to the
division of disability and rehabilitative services lieutenant governor
within the period established for the acceptance of applications. If the
trustee follows this certification procedure, no other application is
required for assistance under IC 12-14-11. IC 4-4-33.
(f) If an individual or a member of an individual's household has
received assistance under subsection (b), the individual must, before
the individual or the member of the individual's household may receive
further assistance under subsection (b), certify whether the individual's
or household's income, resources, or household size has changed since
the individual filed the most recent application for township assistance.
If the individual or a member of the individual's household certifies that
the income, resources, or household size has changed, the township
trustee shall review the individual's or household's eligibility and may
make any necessary adjustments in the level of assistance provided to
the individual or to a member of the individual's household.
SOURCE: IC 12-26-2-5; (07)HE1084.1.126. -->
SECTION 126. IC 12-26-2-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5. (a) This section
applies under the following statutes:
(1) IC 12-26-6.
(2) IC 12-26-7.
(3) IC 12-26-12.
(4) IC 12-26-15.
(b) A petitioner may be represented by counsel.
(c) The court may appoint counsel for a petitioner upon a showing
of the petitioner's indigency and the court shall pay for such counsel if
appointed.
(d) A petitioner, including a petitioner who is a health care provider
under IC 16-18-2-295(a), IC 16-18-2-295(b), in the petitioner's
individual capacity or as a corporation is not required to be represented
by counsel. If a petitioner who is a corporation elects not to be
represented by counsel, the individual representing the corporation at
the commitment hearing must present the court with written
authorization from:
(1) an officer;
(2) a director;
(3) a principal; or
(4) a manager;
of the corporation that authorizes the individual to represent the interest
of the corporation in the proceedings.
(e) The petitioner is required to prove by clear and convincing
evidence that:
(1) the individual is mentally ill and either dangerous or gravely
disabled; and
(2) detention or commitment of that individual is appropriate.
SOURCE: IC 13-15-4-2; (07)HE1084.1.127. -->
SECTION 127. IC 13-15-4-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) This section
does not apply to permit applications described in section 1(1) 1(a)(1)
or 1(2) 1(a)(2) of this chapter.
(b) If the department determines that a public hearing should be
held under:
(1) IC 13-15-3-3; or
(2) any other applicable rule or law;
the commissioner has thirty (30) days in addition to the number of days
provided for in section 1 of this chapter in which to approve or deny the
application.
SOURCE: IC 14-21-1-13.5; (07)HE1084.1.128. -->
SECTION 128. IC 14-21-1-13.5, AS AMENDED BY P.L.1-2005,
SECTION 143, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 13.5. (a) The division may
conduct a program to survey and register in a registry of Indiana
cemeteries and burial grounds that the division establishes and
maintains all cemeteries and burial grounds in each county in Indiana.
The division may conduct the program alone or by entering into an
agreement with one (1) or more of the following entities:
(1) The Indiana Historical Society established under IC 23-6-3.
(2) A historical society (as defined in IC 36-10-13-3).
(3) The Historic Landmarks Foundation of Indiana.
(4) A professional archeologist or historian associated with a
college or university.
(5) A township trustee.
(6) Any other entity that the division selects.
(b) In conducting a program under subsection (a), the division may
receive gifts and grants under terms, obligations, and liabilities that the
director considers appropriate. The director shall use a gift or grant
received under this subsection:
(1) to carry out subsection (a); and
(2) according to the terms of the gift or grant.
(c) At the request of the director, the auditor of state shall establish
a trust fund for purposes of holding money received under subsection
(b).
(d) The director shall administer a trust fund established by
subsection (c). The expenses of administering the trust fund shall be
paid from money in the trust fund.
(e) The treasurer of state shall invest the money in the trust fund
established by subsection (c) that is not currently needed to meet the
obligations of the trust fund in the same manner as other public trust
funds may be invested. The treasurer of state shall deposit in the trust
fund the interest that accrues from the investment of the trust fund.
(f) Money in the trust fund at the end of a state fiscal year does not
revert to the state general fund.
(g) Nothing in this section may be construed to authorize violation
of the confidentiality of information requirements of 16 U.S.C. 470(w)
16 U.S.C. 470w-3 and 16 U.S.C. 470(h)(h). 16 U.S.C. 470hh.
(h) The division may record in each county recorder's office the
location of each cemetery and burial ground located in that county.
SOURCE: IC 14-32-8-8; (07)HE1084.1.129. -->
SECTION 129. IC 14-32-8-8, AS AMENDED BY P.L.175-2006,
SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 8. (a) In addition to funds provided to a
district under section 7 of this chapter or from any other source, the
division of soil conservation shall pay to the district one dollar ($1) for
every one dollar ($1) the district receives from a political subdivision.
(b) The state is not obligated to match more than ten thousand
dollars ($10,000) under this section.
(c) In order to receive funding under this section each year, a district
must certify to the division of soil conservation the amount of money
the district received from all political subdivisions during the one (1)
year period beginning January 1 of the previous year. The information
prepared under this subsection must be part of the
report prepared
annual financial statement prepared and provided to the board
under IC 14-32-4-22. The division of soil conservation shall make
distributions under this section not later than July 15 of each year.
(d) Before making distributions under this section, the division of
soil conservation shall determine the total amount of money that has
been certified by all districts as having been provided by political
subdivisions. If the cumulative amount to be distributed to all districts
exceeds the amount appropriated to the fund, the division of soil
conservation shall reduce the distribution to each district
proportionately.
(e) A district must spend money received under this section for the
purposes of the district.
SOURCE: IC 15-1.5-2-2; (07)HE1084.1.130. -->
SECTION 130. IC 15-1.5-2-2, AS AMENDED BY P.L.69-2006,
SECTION 1, AND AS AMENDED BY P.L.1-2006, SECTION 233, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 2. (a) The commission consists
of eight (8) members as follows:
(1) Five (5) members appointed by the governor.
(2) The presiding officer of the board.
(3) The director of the department of agriculture or the director's
designee.
(4) The presiding officer of the trustees or the presiding officer's
designee who must be selected from the membership of the
trustees.
(b) The chairman of the state fair advisory committee appointed
under IC 15-1-1.5-5(c) or a member of the state fair advisory
committee designated by the chairman may serve as an ex officio
nonvoting member of the commission.
(b) (c) Not more than one (1) member appointed under subsection
(a)(1) may reside in the same district. Each district is not required to
have a member of the commission represent it.
(c) (d) Not more than three (3) members appointed under subsection
(a)(1) may be affiliated with the same political party.
(d) (e) Two (2) members appointed under subsection (a)(1) must
have a recognized interest in agriculture or agribusiness.
SOURCE: IC 15-1.5-10.5-6; (07)HE1084.1.131. -->
SECTION 131. IC 15-1.5-10.5-6, AS AMENDED BY
P.L.241-2005, SECTION 17, IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 6. (a) The governor
shall appoint an individual to fill a vacancy among the trustees.
(b) The individual appointed by the governor under subsection (a)
serves the remainder of the unexpired term of the trustee whom the
individual replaces.
(c) The period of the unexpired term for which an individual serves
after appointment may not be considered in determining the number of
years that a trustee has served in a twelve (12) year period for purposes
of section 5(b) or 5.3(b)(3) of this chapter.
SOURCE: IC 16-22-8-34; (07)HE1084.1.132. -->
SECTION 132. IC 16-22-8-34, AS AMENDED BY P.L.88-2006,
SECTION 5, AND AS AMENDED BY P.L.145-2006, SECTION 133,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 34. (a) The board or
corporation may do all acts necessary or reasonably incident to carrying
out the purposes of this chapter, including the following:
(1) As a municipal corporation, sue and be sued in any court with
jurisdiction.
(2) To serve as the exclusive local board of health and local
department of health within the county with the powers and duties
conferred by law upon local boards of health and local
departments of health.
(3) To adopt and enforce ordinances consistent with Indiana law
and administrative rules for the following purposes:
(A) To protect property owned or managed by the corporation.
(B) To determine, prevent, and abate public health nuisances.
(C) To establish quarantine regulations, impose restrictions on
persons having infectious or contagious diseases and contacts
of the persons, and regulate the disinfection of premises.
(D) To license, regulate, and establish minimum sanitary
standards for the operation of a business handling, producing,
processing, preparing, manufacturing, packing, storing,
selling, distributing, or transporting articles used for food,
drink, confectionery, or condiment in the interest of the public
health.
(E) To control:
(i) rodents, mosquitos, and other animals, including insects,
capable of transmitting microorganisms and disease to
humans and other animals; and
(ii) the
animal's animals' breeding places.
(F) To require persons to connect to available sewer systems
and to regulate the disposal of domestic or sanitary sewage by
private methods. However, the board and corporation have no
jurisdiction over publicly owned or financed sewer systems or
sanitation and disposal plants.
(G) To control rabies.
(H) For the sanitary regulation of water supplies for domestic
use.
(I) To protect, promote, or improve public health. For public
health activities and to enforce public health laws, the state
health data center described in IC 16-19-10 shall provide
health data, medical information, and epidemiological
information to the corporation.
(J) To detect, report, prevent, and control disease affecting
public health.
(K) To investigate and diagnose health problems and health
hazards.
(L) To regulate the sanitary and structural conditions of
residential and nonresidential buildings and unsafe premises.
(M) To license and regulate the design, construction, and
operation of public pools, spas, and beaches.
(N) To regulate the storage, containment, handling, use, and
disposal of hazardous materials.
(O) To license and regulate tattoo parlors and body piercing
facilities.
(4) To manage the corporation's hospitals, medical facilities, and
mental health facilities.
(5) To furnish health and nursing services to elementary and
secondary schools within the county.
(6) To furnish medical care to the indigent within the county
unless medical care is furnished to the indigent by the division of
family
and children. resources.
(7) To determine the public health policies and programs to be
carried out and administered by the corporation.
(8) To adopt an annual budget ordinance and levy taxes.
(9) To incur indebtedness in the name of the corporation.
(10) To organize the personnel and functions of the corporation
into divisions and subdivisions to carry out the corporation's
powers and duties and to consolidate, divide, or abolish the
divisions and subdivisions.
(11) To acquire and dispose of property.
(12) To receive
charitable contributions and
make gifts
as
provided in 26 U.S.C. 170.
(13) To make charitable contributions and gifts.
(14) To establish a charitable foundation as provided in 26
U.S.C. 501.
(13) (15) To receive and distribute federal, state, local, or private
grants.
(16) To receive and distribute grants from charitable foundations.
(17) To establish nonprofit corporations to carry out the purposes
of the corporation.
(14) (18) To erect buildings or structures or improvements to
existing buildings or structures.
(15) (19) To determine matters of policy regarding internal
organization and operating procedures.
(16) (20) To do the following:
(A) Adopt a schedule of reasonable charges for nonresidents
of the county for medical and mental health services.
(B) Collect the charges from the patient or from the
governmental unit where the patient resided at the time of the
service.
(C) Require security for the payment of the charges.
(17) (21) To adopt a schedule of and to collect reasonable charges
for patients able to pay in full or in part.
(18) (22) To enforce Indiana laws, administrative rules, and the
code of the health and hospital corporation of the county.
(19) (23) To purchase supplies, materials, and equipment for the
corporation.
(20) (24) To employ personnel and establish personnel policies to
carry out the duties, functions, and powers of the corporation.
(21) (25) To employ attorneys admitted to practice law in Indiana.
(22) (26) To acquire, erect, equip, and operate the corporation's
hospitals, medical facilities, and mental health facilities.
(23) (27) To dispose of surplus property in accordance with a
policy by the board.
(24) (28) To determine the duties of officers and division
directors.
(25) (29) To fix the compensation of the officers and division
directors.
(26) (30) To carry out the purposes and object of the corporation.
(27) (31) To obtain loans for hospital expenses in amounts and
upon terms agreeable to the board. The board may secure the
loans by pledging accounts receivable or other security in hospital
funds.
(28) (32) To establish fees for licenses, services, and records. The
corporation may accept payment by credit card for fees.
(b) The board shall exercise the board's powers and duties in a
manner consistent with Indiana law, administrative rules, and the code
of the health and hospital corporation of the county.
SOURCE: IC 16-28-1-1; (07)HE1084.1.133. -->
SECTION 133. IC 16-28-1-1, AS AMENDED BY P.L.141-2006,
SECTION 84, AND AS AMENDED BY P.L.145-2006, SECTION
134, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 1. (a) The Indiana health
facilities council is created. The council consists of fourteen (14)
members as follows:
(1) One (1) licensed physician.
(2) Two (2) administrators, licensed under IC 25-19-1, of a
proprietary health facility licensed under this article.
(3) One (1) administrator, licensed under IC 25-19-1, of a
nonproprietary health facility licensed under this article.
(4) One (1) registered nurse licensed under IC 25-23.
(5) One (1) registered pharmacist licensed under IC 25-26.
(6) Two (2) citizens having knowledge or experience in the field
of gerontology.
(7) One (1) representative of a statewide senior citizens
organization.
(8) One (1) citizen having knowledge or experience in the field of
mental health.
(9) One (1) nurse-educator of a practical nurse program.
(10) The commissioner.
(11) The director of the division of family and children resources
or the director's designee.
(12) The director of the division of disability, aging and
rehabilitative services or the director's designee.
(b) The members of the council designated by subsection (a)(1)
through (a)(9) shall be appointed by the governor.
(c) Except for the members of the council designated by subsection
(a)(10) through (a)(12), all appointments are for four (4) years. If a
vacancy occurs, the appointee serves for the remainder of the
unexpired term. A vacancy is filled from the same group that was
represented by the outgoing member.
(d) Except for the members of the council designated by subsection
(a)(2) through (a)(3), a member of the council may not have a
pecuniary interest in the operation of or provide professional services
through employment or under contract to a facility licensed under this
article.
SOURCE: IC 16-28-13-7; (07)HE1084.1.134. -->
SECTION 134. IC 16-28-13-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7. The application
of this chapter to a health care facility or an entity in the business of
contracting to provide nurse aides or other unlicensed employees for a
health care facility is limited to an individual:
(1) who is employed by:
(A) a health care facility; or
(B)
IC an entity in the business of contracting to provide nurse
aides or other unlicensed employees for a health care facility;
and
(2) whose employment or responsibilities are limited to activities
primarily performed within a health care facility.
SOURCE: IC 16-33-4-11; (07)HE1084.1.135. -->
SECTION 135. IC 16-33-4-11, AS AMENDED BY P.L.145-2006,
SECTION 136, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 11. (a) After an adequate
investigation as determined by the superintendent of the home or the
superintendent's designee, including consideration of appropriateness
of placement, and with the approval of the state health commissioner
or the commissioner's designee, the superintendent of the home shall
receive as a resident in the home a child if the child meets the
requirements under subsection (b).
(b) Before the child may be received as a resident in the home under
subsection (a) the child must meet the following requirements:
(1) The parent or parents of the child are Indiana residents
immediately before application or the child is physically present
in Indiana immediately before application.
(2) The child is at least three (3) years of age but less than
eighteen (18) years of age.
(3) The child is in need of residential care and education.
(c) If the applications of all children of members of the armed forces
have been considered and space is available, the superintendent of the
home may, if a child meets the requirements under subsection (b),
receive as residents in the home the:
(1) grandchildren;
(2) stepchildren;
(3) brothers;
(4) sisters;
(5) nephews; and
(6) nieces;
of members of the armed forces who are in need of residential care and
education.
(d) If the applications of all children eligible for residence under
subsections (a) through (c) have been considered and if space is
available, the superintendent may accept for residence children
referred:
(1) by the department of child services established by
IC 31-33-1.5-2; IC 31-25-1-1; or
(2) by the division of special education established by
IC 20-35-2-1;
subject to an adequate investigation as determined by the
superintendent of the home or the superintendent's designee, including
a consideration of appropriateness of placement, and the approval of
the state health commissioner or the commissioner's designee.
SOURCE: IC 16-39-2-6; (07)HE1084.1.136. -->
SECTION 136. IC 16-39-2-6, AS AMENDED BY P.L.141-2006,
SECTION 91, AND AS AMENDED BY P.L.145-2006, SECTION
141, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 6. (a) Without the consent of
the patient, the patient's mental health record may only be disclosed as
follows:
(1) To individuals who meet the following conditions:
(A) Are employed by:
(i) the provider at the same facility or agency;
(ii) a managed care provider (as defined in
IC 12-7-2-127(b)); or
(iii) a health care provider or mental health care provider, if
the mental health records are needed to provide health care
or mental health services to the patient.
(B) Are involved in the planning, provision, and monitoring of
services.
(2) To the extent necessary to obtain payment for services
rendered or other benefits to which the patient may be entitled, as
provided in IC 16-39-5-3.
(3) To the patient's court appointed counsel and to the Indiana
protection and advocacy services commission.
(4) For research conducted in accordance with IC 16-39-5-3 and
the rules of the division of mental health and addiction, the rules
of the division of disability
aging, and rehabilitative services, or
the rules of the provider.
(5) To the division of mental health and addiction for the purpose
of data collection, research, and monitoring managed care
providers (as defined in IC 12-7-2-127(b)) who are operating
under a contract with the division of mental health and addiction.
(6) To the extent necessary to make reports or give testimony
required by the statutes pertaining to admissions, transfers,
discharges, and guardianship proceedings.
(7) To a law enforcement agency if any of the following
conditions are met:
(A) A patient escapes from a facility to which the patient is
committed under IC 12-26.
(B) The superintendent of the facility determines that failure
to provide the information may result in bodily harm to the
patient or another individual.
(C) A patient commits or threatens to commit a crime on
facility premises or against facility personnel.
(D) A patient is in the custody of a law enforcement officer or
agency for any reason and:
(i) the information to be released is limited to medications
currently prescribed for the patient or to the patient's history
of adverse medication reactions; and
(ii) the provider determines that the release of the
medication information will assist in protecting the health,
safety, or welfare of the patient.
Mental health records released under this clause must be
maintained in confidence by the law enforcement agency
receiving them.
(8) To a coroner or medical examiner, in the performance of the
individual's duties.
(9) To a school in which the patient is enrolled if the
superintendent of the facility determines that the information will
assist the school in meeting educational needs of a person with a
disability under 20 U.S.C. 1400 et seq.
(10) To the extent necessary to satisfy reporting requirements
under the following statutes:
(A) IC 12-10-3-10.
(B) IC 12-24-17-5.
(C) IC 16-41-2-3.
(D) IC 31-25-3-2.
(D) (E) IC 31-33-5-4.
(E) (F) IC 34-30-16-2.
(F) (G) IC 35-46-1-13.
(11) To the extent necessary to satisfy release of information
requirements under the following statutes:
(A) IC 12-24-11-2.
(B) IC 12-24-12-3, IC 12-24-12-4, and IC 12-24-12-6.
(C) IC 12-26-11.
(12) To another health care provider in a health care emergency.
(13) For legitimate business purposes as described in
IC 16-39-5-3.
(14) Under a court order under IC 16-39-3.
(15) With respect to records from a mental health or
developmental disability facility, to the United States Secret
Service if the following conditions are met:
(A) The request does not apply to alcohol or drug abuse
records described in 42 U.S.C. 290dd-2 unless authorized by
a court order under 42 U.S.C. 290dd-2(b)(2)(c).
(B) The request relates to the United States Secret Service's
protective responsibility and investigative authority under 18
U.S.C. 3056, 18 U.S.C. 871, or 18 U.S.C. 879.
(C) The request specifies an individual patient.
(D) The director or superintendent of the facility determines
that disclosure of the mental health record may be necessary
to protect a person under the protection of the United States
Secret Service from serious bodily injury or death.
(E) The United States Secret Service agrees to only use the
mental health record information for investigative purposes
and not disclose the information publicly.
(F) The mental health record information disclosed to the
United States Secret Service includes only:
(i) the patient's name, age, and address;
(ii) the date of the patient's admission to or discharge from
the facility; and
(iii) any information that indicates whether or not the patient
has a history of violence or presents a danger to the person
under protection.
(16) To the statewide waiver ombudsman established under
IC 12-11-13, in the performance of the ombudsman's duties.
(b) After information is disclosed under subsection (a)(15) and if the
patient is evaluated to be dangerous, the records shall be interpreted in
consultation with a licensed mental health professional on the staff of
the United States Secret Service.
(c) A person who discloses information under subsection (a)(7) or
(a)(15) in good faith is immune from civil and criminal liability.
SOURCE: IC 16-41-9-1.5; (07)HE1084.1.137. -->
SECTION 137. IC 16-41-9-1.5, AS ADDED BY P.L.138-2006,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1.5. (a) If
the a public health authority has
reason to believe that:
(1) an individual:
(A) has been infected with; or
(B) has been exposed to;
a dangerous communicable disease or outbreak; and
(2) the individual is likely to cause the infection of an uninfected
individual if the individual is not restricted in the individual's
ability to come into contact with an uninfected individual;
the public health authority may petition a circuit or superior court for
an order imposing isolation or quarantine on the individual. A petition
for isolation or quarantine filed under this subsection must be verified
and include a brief description of the facts supporting the public health
authority's belief that isolation or quarantine should be imposed on an
individual, including a description of any efforts the public health
authority made to obtain the individual's voluntary compliance with
isolation or quarantine before filing the petition.
(b) Except as provided in subsections (e) and (k), an individual
described in subsection (a) is entitled to notice and an opportunity to
be heard, in person or by counsel, before a court issues an order
imposing isolation or quarantine. A court may restrict an individual's
right to appear in person if the court finds that the individual's personal
appearance is likely to expose an uninfected person to a dangerous
communicable disease or outbreak.
(c) If an individual is restricted from appearing in person under
subsection (b), the court shall hold the hearing in a manner that allows
all parties to fully and safely participate in the proceedings under the
circumstances.
(d) If the public health authority proves by clear and convincing
evidence that:
(1) an individual has been infected or exposed to a dangerous
communicable disease or outbreak; and
(2) the individual is likely to cause the infection of an uninfected
individual if the individual is not restricted in the individual's
ability to come into contact with an uninfected individual;
the court may issue an order imposing isolation or quarantine on the
individual. The court shall establish the conditions of isolation or
quarantine, including the duration of isolation or quarantine. The court
shall impose the least restrictive conditions of isolation or quarantine
that are consistent with the protection of the public.
(e) If the public health authority has reason to believe that an
individual described in subsection (a) is likely to expose an uninfected
individual to a dangerous communicable disease or outbreak before the
individual can be provided with notice and an opportunity to be heard,
the public health authority may seek in a circuit or superior court an
emergency order of quarantine or isolation by filing a verified petition
for emergency quarantine or isolation. The verified petition must
include a brief description of the facts supporting the public health
authority's belief that:
(1) isolation or quarantine should be imposed on an individual;
and
(2) the individual may expose an uninfected individual to a
dangerous communicable disease or outbreak before the
individual can be provided with notice and an opportunity to be
heard.
The verified petition must include a description of any efforts the
public health authority made to obtain the individual's voluntary
compliance with isolation or quarantine before filing the petition.
(f) If the public health authority proves by clear and convincing
evidence that:
(1) an individual has been infected or exposed to a dangerous
communicable disease or outbreak;
(2) the individual is likely to cause the infection of an uninfected
individual if the individual is not restricted in the individual's
ability to come into contact with an uninfected individual; and
(3) the individual may expose an uninfected individual to a
dangerous communicable disease or outbreak before the
individual can be provided with notice and an opportunity to be
heard;
the court may issue an emergency order imposing isolation or
quarantine on the individual. The court shall establish the duration and
other conditions of isolation or quarantine. The court shall impose the
least restrictive conditions of isolation or quarantine that are consistent
with the protection of the public.
(g) A court may issue an emergency order of isolation or quarantine
without the verified petition required under subsection (e) if the court
receives sworn testimony of the same facts required in the verified
petition:
(1) in a nonadversarial, recorded hearing before the judge;
(2) orally by telephone or radio;
(3) in writing by facsimile transmission (fax); or
(4) through other electronic means approved by the court.
If the court agrees to issue an emergency order of isolation or
quarantine based upon information received under subdivision (2), the
court shall direct the public health authority to sign the judge's name
and to write the time and date of issuance on the proposed emergency
order. If the court agrees to issue an emergency order of isolation or
quarantine based upon information received under subdivision (3), the
court shall direct the public health authority to transmit a proposed
emergency order to the court, which the court shall sign, add the date
of issuance, and transmit back to the public health authority. A court
may modify the conditions of a proposed emergency order.
(h) If an emergency order of isolation or quarantine is issued under
subsection (g)(2), the court shall record the conversation on audiotape
and order the court reporter to type or transcribe the recording for entry
in the record. The court shall certify the audiotape, the transcription,
and the order retained by the judge for entry in the record.
(i) If an emergency order of isolation or quarantine is issued under
subsection (g)(3), the court shall order the court reporter to retype or
copy the facsimile transmission for entry in the record. The court shall
certify the transcription or copy and order retained by the judge for
entry in the record.
(j) The clerk shall notify the public health authority who received an
emergency order under subsection (g)(2) or (g)(3) when the
transcription or copy required under this section is entered in the
record. The public health authority shall sign the typed, transcribed, or
copied entry upon receiving notice from the court reporter.
(k) The public health authority may issue an immediate order
imposing isolation or quarantine on an individual if exigent
circumstances, including the number of affected individuals, exist that
make it impracticable for the public health authority to seek an order
from a court, and obtaining the individual's voluntary compliance is or
has proven impracticable or ineffective. An immediate order of
isolation or quarantine expires after seventy-two (72) hours, excluding
Saturdays, Sundays, and legal holidays, unless renewed in accordance
with subsection (l). The public health authority shall establish the other
conditions of isolation or quarantine. The public health authority shall
impose the least restrictive conditions of isolation or quarantine that are
consistent with the protection of the public. If the immediate order
applies to a group of individuals and it is impracticable to provide
individual notice, the public health authority shall post a copy of the
order where it is likely to be seen by individuals subject to the order.
(l) The public health authority may seek to renew an order of
isolation or quarantine or an immediate order of isolation or quarantine
issued under this section by doing the following:
(1) By filing a petition to renew the emergency order of isolation
or quarantine or the immediate order of isolation or quarantine
with:
(A) the court that granted the emergency order of isolation or
quarantine; or
(B) a circuit or superior court, in the case of an immediate
order.
The petition for renewal must include a brief description of the
facts supporting the public health authority's belief that the
individual who is the subject of the petition should remain in
isolation or quarantine and a description of any efforts the public
health authority made to obtain the individual's voluntary
compliance with isolation or quarantine before filing the petition.
(2) By providing the individual who is the subject of the
emergency order of isolation or quarantine or the immediate order
of isolation or quarantine with a copy of the petition and notice of
the hearing at least twenty-four (24) hours before the time of the
hearing.
(3) By informing the individual who is the subject of the
emergency order of isolation or quarantine or the immediate order
of isolation or quarantine that the individual has the right to:
(A) appear, unless the court finds that the individual's personal
appearance may expose an uninfected person to a dangerous
communicable disease or outbreak;
(B) cross-examine witnesses; and
(C) counsel, including court appointed counsel in accordance
with subsection (c).
(4) If:
(A) the petition applies to a group of individuals; and
(B) it is impracticable to provide individual notice;
by posting the petition in a conspicuous location on the isolation
or quarantine premises.
(m) If the public health authority proves by clear and convincing
evidence at a hearing under subsection (l) that:
(1) an individual has been infected or exposed to a dangerous
communicable disease or outbreak; and
(2) the individual is likely to cause the infection of an uninfected
individual if the individual is not restricted in the individual's
ability to come into contact with an uninfected individual;
the court may renew the existing order of isolation or quarantine or
issue a new order imposing isolation or quarantine on the individual.
The court shall establish the conditions of isolation or quarantine,
including the duration of isolation or quarantine. The court shall
impose the least restrictive conditions of isolation or quarantine that are
consistent with the protection of the public.
(n) Unless otherwise provided by law, a petition for isolation or
quarantine, or a petition to renew an immediate order for isolation or
quarantine, may be filed in a circuit or superior court in any county.
Preferred venue for a petition described in this subsection is:
(1) the county or counties (if the area of isolation or quarantine
includes more than one (1) county) where the individual,
premises, or location to be isolated or quarantined is located; or
(2) a county adjacent to the county or counties (if the area of
isolation or quarantine includes more than one (1) county) where
the individual, premises, or location to be isolated or quarantined
is located.
This subsection does not preclude a change of venue for good cause
shown.
(o) Upon the motion of any party, or upon its own motion, a court
may consolidate cases for a hearing under this section if:
(1) the number of individuals who may be subject to isolation or
quarantine, or who are subject to isolation or quarantine, is so
large as to render individual participation impractical;
(2) the law and the facts concerning the individuals are similar;
and
(3) the individuals have similar rights at issue.
A court may appoint an attorney to represent a group of similarly
situated individuals if the individuals can be adequately represented.
An individual may retain his or her own counsel or proceed pro se.
(p) A public health authority that imposes a quarantine that is not in
the person's home:
(1) shall allow the parent or guardian of a child who is
quarantined under this section; and
(2) may allow an adult;
to remain with the quarantined individual in quarantine. As a condition
of remaining with the quarantined individual, the public health
authority may require a person described in subdivision (2) who has not
been exposed to a dangerous communicable disease to receive an
immunization or treatment for the disease or condition, if an
immunization or treatment is available and if requiring immunization
or treatment does not violate a constitutional right.
(q) If an individual who is quarantined under this section is the sole
parent or guardian of one (1) or more children who are not quarantined,
the child or children shall be placed in the residence of a relative,
friend, or neighbor of the quarantined individual until the quarantine
period has expired. Placement under this subsection must be in
accordance with the directives of the parent or guardian, if possible.
(r) State and local law enforcement agencies shall cooperate with
the public health authority in enforcing an order of isolation or
quarantine.
(s) The court shall appoint an attorney to represent an indigent
individual in an action brought under this chapter or under IC 16-41-6.
If funds to pay for the court appointed attorney are not available from
any other source, the state department may use the proceeds of a grant
or loan to reimburse the county, state, or attorney for the costs of
representation.
(t) A person who knowingly or intentionally violates a condition of
isolation or quarantine under this chapter commits violating quarantine
or isolation, a Class A misdemeanor.
(u) The state department shall adopt rules under IC 4-22-2 to
implement this section, including rules to establish guidelines for:
(1) voluntary compliance with isolation and quarantine;
(2) quarantine locations and logistical support; and
(3) moving individuals to and from a quarantine location.
The absence of rules adopted under this subsection does not preclude
the public health authority from implementing any provision of this
section.
SOURCE: IC 16-41-9-1.6; (07)HE1084.1.138. -->
SECTION 138. IC 16-41-9-1.6, AS ADDED BY P.L.138-2006,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1.6. (a) A public health authority may impose
or petition a court to impose a quarantine and do the following:
(1) Distribute information to the public concerning:
(A) the risks of the disease;
(B) how the disease is transmitted;
(C) available precautions to reduce the risk of contracting the
disease;
(D) the symptoms of the disease; and
(E) available medical or nonmedical treatments available for
the disease.
(2) Instruct the public concerning social distancing.
(3) Request that the public inform the public health authority or
a law enforcement agency if a family member contracts the
disease.
(4) Instruct the public on self quarantine and provide a distinctive
means of identifying a home that is self quarantined.
(5) Instruct the public on the use of masks, gloves, disinfectant,
and other means of reducing exposure to the disease.
(6) Close schools, athletic events, and other nonessential
situations in which people gather.
(7) If a quarantine is imposed under section 1.5 of this chapter, the
public health authority shall ensure that, to the extent possible,
quarantined individuals have sufficient supplies to remain in their own
home.
(b) If an out of home, nonhospital quarantine is imposed on an
individual, the individual shall be housed as close as possible to the
individual's residence.
(c) In exercising the powers described in this section or in section
1.5 of this chapter, the public health authority may not prohibit a
person lawfully permitted to possess a firearm from possessing one (1)
or more firearms unless the person is quarantined in a mass quarantine
location. The public health authority may not remove a firearm from
the person's home, even if the person is quarantined in a mass
quarantine location.
(d) This section does not prohibit a public health authority from
adopting rules and enforcing rules to implement this section if the rules
are not inconsistent with this section.
SOURCE: IC 16-41-9-8; (07)HE1084.1.139. -->
SECTION 139. IC 16-41-9-8, AS AMENDED BY P.L.138-2006,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 8. (a) The A local health officer may file a
report with the court that states that a carrier who has been detained
under this article may be discharged without danger to the health or life
of others.
(b) The court may enter an order of release based on information
presented by the local health officer or other sources.
SOURCE: IC 16-41-27-5; (07)HE1084.1.140. -->
SECTION 140. IC 16-41-27-5, AS AMENDED BY P.L.87-2005,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 5. (a) As used in this chapter, "mobile home
community" means an area of land on which at least five (5) mobile
homes are located for the purpose of being occupied as principal
residences. The term includes the following:
(1) All real and personal property used in the operation of the
mobile home community.
(2) An area of land that is subdivided and contains individual lots
that are leased or otherwise contracted if at least five (5) mobile
homes or manufactured homes are harbored on temporary
supports there for the purpose of being occupied as principal
residences.
This subsection expires December 31, 2005.
(b) (a) As used in this chapter, "mobile home community" after
December 31, 2005, means one (1) or more parcels of land:
(1) that are subdivided and contain individual lots that are leased
or otherwise contracted;
(2) that are owned, operated, or under the control of one (1) or
more persons; and
(3) on which a total of at least five (5) mobile homes or
manufactured homes are located for the purpose of being
occupied as principal residences.
(c) (b) The term after December 31, 2005, includes the following:
(1) All real and personal property used in the operation of the
mobile home community.
(2) A single parcel of land.
(3) Contiguous but separately owned parcels of land that are
jointly operated.
(4) Parcels of land:
(A) that are separated by other parcels of land; and
(B) that are:
(i) jointly operated; and
(ii) connected by a private road.
(5) One (1) or more parcels of land, if at least two (2) of the
mobile homes or manufactured homes located on the land are:
(A) accessible from a private road or interconnected private
roads;
(B) served by a common water distribution system; or
(C) served by a common sewer or septic system.
SOURCE: IC 20-19-2-20; (07)HE1084.1.141. -->
SECTION 141. IC 20-19-2-20, AS ADDED BY P.L.185-2006,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 20. The state board shall design a high school
diploma to be granted to individuals who successfully complete a high
school fast track to college program under IC 20-12-13-6,
IC 20-12-75-14, or IC 23-13-18-28. IC 23-13-18-29.
SOURCE: IC 20-23-4-38; (07)HE1084.1.142. -->
SECTION 142. IC 20-23-4-38, AS ADDED BY P.L.1-2005,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 38. (a) Whenever an entire county has been
reorganized under this chapter or IC 20-23-16-1 through
IC 20-23-16-11, by the creation of a community school corporation or
corporations for the entire county, the county committee shall be
dissolved. Where the term of any member of a county committee
expires before the time of dissolution of the county committee, the
judge shall fill a vacancy by replacement or reappointment for a term
of four (4) years in accordance with sections 11 through 15 of this
chapter.
and IC 20-23-16-2. In the event the membership of an entire
county committee shall at any time be vacant by resignation or
otherwise, the judge shall appoint a new county committee in
accordance with sections 11 through 15 of this chapter.
or
IC 20-23-16-2.
(b) After a county committee has been dissolved, if the local
governing body or the state superintendent considers further
reorganization necessary to improve educational opportunities for the
students in the county, the local school trustees or the state
superintendent shall submit proposed changes to the state board. If the
changes proposed by the local governing body or the state
superintendent are approved by the state board, the proposal becomes
effective under the procedure specified in sections 20 through 24 of
this chapter so far as the same are applicable.
SOURCE: IC 20-23-7-12; (07)HE1084.1.143. -->
SECTION 143. IC 20-23-7-12, AS AMENDED BY P.L.1-2006,
SECTION 317, AND AS AMENDED BY P.L.2-2006, SECTION 98,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 12. (a)
As used in this section,
"county" means the county in which the school township is located.
(b) As used in this section, "school township" means a school
township
of this state in Indiana that:
(1) for the last full school semester immediately preceding:
(A) the adoption of a preliminary resolution by the township
trustee and the township board under subsection (f); or
(B) the their adoption of a resolution of disapproval
by the
township trustee and the township board under subsection (g);
had an
average daily membership ADM of at least six hundred
(600) students in kindergarten through grade 12 in the public
schools of the school township; or
(2) is part of a township in which there were more votes cast for
township trustee outside the school township than inside the
school township in the general election at which the trustee was
elected and that preceded the adoption of the preliminary or
disapproving resolution.
(c) As used in this section, "township board" means the township
board of a township in which the school township is located.
(b) (d) As used in this section, "township trustee" means the
township trustee of the township in which the school township is
located.
(c) As used in this section, "township board" means the township
board of the township in which the school township is located.
(d) As used in this section, "county" means the county in which the
school township is located.
(e) In a school township, a metropolitan school district may be
created by complying with this section. A metropolitan school district
created under this section shall have the same boundaries as the school
township. After a district has been created under this section, the
school township that preceded the metropolitan school district is
abolished.
None of The procedures or provisions governing the creation
of a metropolitan school district under another section of this chapter
are applicable do not apply to the creation of a district under this
section. After a
metropolitan school district is created under this
section, the
metropolitan school district shall, except as otherwise
provided in this section, be governed by and operate in accordance with
this chapter governing the operation of a metropolitan school district
as established under section 2 of this chapter.
(f) Except as provided in subsection (g), a metropolitan school
district provided for in subsection (e) may be created in the following
manner:
(1) The township trustee shall call a meeting of the township
board. At the meeting, the township trustee and a majority of the
township board shall adopt a resolution that a metropolitan school
district shall be created in the school township. The township
trustee shall then give notice:
(A) by publication by two (2) insertions publications one (1)
week apart in a newspaper of general circulation published in
the school township; or
(B) if there is no newspaper as described in clause (A), in a
newspaper of general circulation in the county;
of the adoption of the resolution setting forth the text of the
resolution.
(2) On the thirtieth day after the date of the last publication of the
notice under subdivision (1) and if a protest has not been filed, the
township trustee and a majority of the township board shall
confirm their preliminary resolution. If, however, on or before the
twenty-ninth day after the date of the last publication of the
notice, a number of registered voters of the school township,
equal to five percent (5%) or more of the number of votes cast in
the school township for secretary of state at the last preceding
general election for that office, sign and file with the township
trustee a petition requesting an election in the school township to
determine whether or not a metropolitan school district must be
created in the township in accordance with the preliminary
resolution, then an election must be held as provided in
subsection (h). The preliminary resolution and confirming
resolution provided in this subsection shall both be adopted at a
meeting of the township trustee and township board in which the
township trustee and each member of the township board received
or waived a written notice of the date, time, place, and purpose of
the meeting. The resolution and the proof of service or waiver of
the notice shall be made a part of the records of the township
board.
(g) Except as provided in subsection (f), a metropolitan school
district may also be created in the following manner:
(1) A number of registered voters of the school township, equal
to five percent (5%) or more of the votes cast in the school
township for secretary of state at the last general election for that
office, shall sign and file with the township trustee a petition
requesting the creation of a metropolitan school district under this
section.
(2) The township trustee and a majority of the township board
shall, not more than ten (10) days after the filing of a petition:
(A) adopt a preliminary resolution that a metropolitan school
district shall be created in the school township and proceed as
provided in subsection (f); or
(B) adopt a resolution disapproving the creation of the district.
(3) If either the township trustee or a majority of township board
members vote in favor of disapproving the resolution, an election
must be held to determine whether or not a metropolitan school
district shall be created in the school township in the same
manner as is provided in subsection (f) if an election is requested
by petition.
(h) An election required under subsection (f) or (g) may, at the
option of the township trustee, be held either as a special election or in
conjunction with a primary or general election to be held not more than
one hundred twenty (120) days after the filing of a petition under
subsection (f) or the adoption of the disapproving resolution under
subsection (g). The township trustee shall certify the question to the
county election board under IC 3-10-9-3 and give notice of an election:
(1) by two (2) insertions publications one (1) week apart in a
newspaper of general circulation in the school township; or
(2) if a newspaper described in subdivision (1) does not exist, in
a newspaper of general circulation published in the county.
The notice must provide that on a day and at an hour time named in the
notice, the polls shall be opened at the usual voting places in the
various precincts in the school township for the purpose of taking the
vote of the registered voters of the school township regarding whether
a metropolitan school district shall be created in the township. The
election shall be held not less than twenty (20) days and not more than
thirty (30) days after the last publication of the notice unless a primary
or general election will be conducted not more than six (6) months after
the publication. In that case, the county election board shall place the
public question on the ballot at the primary or general election. If the
election is to be a special election, the township trustee shall give
notice not more than thirty (30) days after the filing of the petition or
the adoption of the disapproving resolution.
(i) On the day and time named in the notice, the polls shall be
opened and the votes of the voters shall be taken regarding whether a
metropolitan school district shall be created in the school township.
IC 3 governs the election except as otherwise provided in this chapter.
The county election board shall conduct the election. The public
question shall be placed on the ballot in the form prescribed by
IC 3-10-9-4 and must state, "Shall a metropolitan school district under
IC 20-23-7 be formed in the ____________ School Township of
_____________ County, Indiana?". The name of the school township
shall be inserted in the blanks.
(j) The votes cast in the election shall be canvassed at a place in the
school township determined by the county election board. The
certificate of the votes cast for and against the creation of a
metropolitan school district shall be filed in the records of the township
board and recorded with the county recorder. If the special election is
not conducted at a primary or general election, the school township
shall pay the expense of holding the election out of the special school
general fund that is appropriated for this purpose.
(k) A metropolitan school district shall, subject to section 7 of this
chapter, be created on the thirtieth day after the date of the adoption of
the confirming resolution under subsection (f) or an election held under
subsection (h). If a public official fails to do the official's duty within
the time prescribed in this section, the failure does not invalidate the
proceedings taken under this section. An action to contest the validity
of the creation of a metropolitan school district under this section or to
enjoin the operation of a metropolitan school district may not be
instituted later than the thirtieth day following the date of the adoption
of the confirming resolution under subsection (f) or of the election held
under subsection (h). Except as provided in this section, an election
under this subsection may not be held sooner than twelve (12) months
after another election held under subsection (h).
(l) A metropolitan school district is known as "The Metropolitan
School District of ____________ Township, ____________ County,
Indiana". The first metropolitan board of education in a metropolitan
school district created under this section consists of five (5) members.
The township trustee and the township board members are ex officio
members of the first board, subject to the laws concerning length of
their respective terms of office, manner of election or appointment, and
the filling of vacancies applicable to their respective offices. The ex
officio members serve without other compensation or reimbursement
for expenses, other than that which they may receive from their
respective offices. The township board shall, by a resolution recorded
in its records, appoint the fifth member of the metropolitan board of
education. The fifth member shall meet the qualifications of a member
of a metropolitan board of education under this chapter, with the
exception of the board member district requirements provided in
sections 4, 5, and 8 of this chapter.
(m) A fifth board member shall be appointed not more than fifteen
(15) days after the date of the adoption of the confirming resolution
under subsection (f)(2) or an election held under subsection (h). The
first board shall hold its first meeting not more than fifteen (15) days
after the date when the fifth board member is appointed or elected, on
a date established by the township board in the resolution in which it
appoints the fifth board member. The first board shall serve until July
1 following the election of a metropolitan school board at the first
primary election held more than sixty (60) days following the creation
of the metropolitan school district.
(n) After the creation of a metropolitan school district under this
section, the president of the metropolitan school board of the district
shall serve as a member of the county board of education and perform
the duties on the county board of education that were previously
performed by the township trustee. The metropolitan school board and
superintendent of the district may call upon the assistance of and use
the services provided by the county superintendent of schools. This
subsection does not limit or take away the powers, rights, privileges, or
duties of the metropolitan school district or the board or superintendent
of the district provided in this chapter.
SOURCE: IC 20-26-11-13; (07)HE1084.1.144. -->
SECTION 144. IC 20-26-11-13, AS AMENDED BY P.L.2-2006,
SECTION 130, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 13. (a) As used in this section,
the following terms have the following meanings:
(1) "Class of school" refers to a classification of each school or
program in the transferee corporation by the grades or special
programs taught at the school. Generally, these classifications are
denominated as kindergarten, elementary school, middle school
or junior high school, high school, and special schools or classes,
such as schools or classes for special education, vocational
training, or career education.
(2) "Special equipment" means equipment that during a school
year:
(A) is used only when a child with disabilities is attending
school;
(B) is not used to transport a child to or from a place where the
child is attending school;
(C) is necessary for the education of each child with
disabilities that uses the equipment, as determined under the
individualized education program for the child; and
(D) is not used for or by any child who is not a child with
disabilities.
(3) "Student enrollment" means the following:
(A) The total number of students in kindergarten through
grade 12 who are enrolled in a transferee school corporation
on a date determined by the state board.
(B) The total number of students enrolled in a class of school
in a transferee school corporation on a date determined by the
state board.
However, a kindergarten student shall be counted under clauses
(A) and (B) as one-half (1/2) student. The state board may select
a different date for counts under this subdivision. However, the
same date shall be used for all school corporations making a count
for the same class of school.
(b) Each transferee corporation is entitled to receive for each school
year on account of each transferred student, except a student
transferred under section 6 of this chapter, transfer tuition from the
transferor corporation or the state as provided in this chapter. Transfer
tuition equals the amount determined under STEP THREE of the
following formula:
STEP ONE: Allocate to each transfer student the capital
expenditures for any special equipment used by the transfer
student and a proportionate share of the operating costs incurred
by the transferee school for the class of school where the transfer
student is enrolled.
STEP TWO: If the transferee school included the transfer student
in the transferee school's ADM for a school year, allocate to the
transfer student a proportionate share of the following general
fund revenues of the transferee school for, except as provided in
clause (C), the calendar year in which the school year ends:
(A) State tuition support distributions.
(B) Property tax levies.
(C) Excise tax revenue (as defined in IC 20-43-1-12) received
for deposit in the calendar year in which the school year
begins.
(D) Allocations to the transferee school under IC 6-3.5.
STEP THREE: Determine the greater of:
(A) zero (0); or
(B) the result of subtracting the STEP TWO amount from the
STEP ONE amount.
If a child is placed in an institution or facility in Indiana under a court
order, the institution or facility shall charge the county office of the
county of the student's legal settlement under IC 12-19-7 for the use of
the space within the institution or facility (commonly called capital
costs) that is used to provide educational services to the child based
upon a prorated per student cost.
(c) Operating costs shall be determined for each class of school
where a transfer student is enrolled. The operating cost for each class
of school is based on the total expenditures of the transferee
corporation for the class of school from its general fund expenditures
as specified in the classified budget forms prescribed by the state board
of accounts. This calculation excludes:
(1) capital outlay;
(2) debt service;
(3) costs of transportation;
(4) salaries of board members;
(5) contracted service for legal expenses; and
(6) any expenditure that is made out of the general fund from
extracurricular account receipts;
for the school year.
(d) The capital cost of special equipment for a school year is equal
to:
(1) the cost of the special equipment; divided by
(2) the product of:
(A) the useful life of the special equipment, as determined
under the rules adopted by the state board; multiplied by
(B) the number of students using the special equipment during
at least part of the school year.
(e) When an item of expense or cost described in subsection (c)
cannot be allocated to a class of school, it shall be prorated to all
classes of schools on the basis of the student enrollment of each class
in the transferee corporation compared with the total student
enrollment in the school corporation.
(f) Operating costs shall be allocated to a transfer student for each
school year by dividing:
(1) the transferee school corporation's operating costs for the class
of school in which the transfer student is enrolled; by
(2) the student enrollment of the class of school in which the
transfer student is enrolled.
When a transferred student is enrolled in a transferee corporation for
less than the full school year of student attendance, the transfer tuition
shall be calculated by the part of the school year for which the
transferred student is enrolled. A school year of student attendance
consists of the number of days school is in session for student
attendance. A student, regardless of the student's attendance, is enrolled
in a transferee school unless the student is no longer entitled to be
transferred because of a change of residence, the student has been
excluded or expelled from school for the balance of the school year or
for an indefinite period, or the student has been confirmed to have
withdrawn from school. The transferor and the transferee corporation
may enter into written agreements concerning the amount of transfer
tuition due in any school year. If an agreement cannot be reached, the
amount shall be determined by the state board, and costs may be
established, when in dispute, by the state board of accounts.
(g) A transferee school shall allocate revenues described in
subsection (b) STEP TWO to a transfer student by dividing:
(1) the total amount of revenues received; by
(2) the ADM of the transferee school for the school year that ends
in the calendar year in which the revenues are received.
However, for state tuition support distributions or any other state
distribution computed using less than the total ADM of the transferee
school, the transferee school shall allocate the revenues to the transfer
student by dividing the revenues that the transferee school is eligible
to receive in a calendar year by the student count used to compute the
state distribution.
(h) Instead of the payments provided in subsection (b), the
transferor corporation or state owing transfer tuition may enter into a
long term contract with the transferee corporation governing the
transfer of students. The contract may:
(1) be entered into for a period of not more than five (5) years
with an option to renew;
(2) specify a maximum number of students to be transferred; and
(3) fix a method for determining the amount of transfer tuition
and the time of payment, which may be different from that
provided in section 14 of this chapter.
(i) If the A school corporation can meet the requirements of
IC 20-43-9-8, it may negotiate transfer tuition agreements with a
neighboring school corporation that can accommodate additional
students. Agreements under this section may:
(1) be for one (1) year or longer; and
(2) fix a method for determining the amount of transfer tuition or
time of payment that is different from the method, amount, or
time of payment that is provided in this section or section 14 of
this chapter.
A school corporation may not transfer a student under this section
without the prior approval of the child's parent.
(j) If a school corporation experiences a net financial impact with
regard to transfer tuition that is negative for a particular school year as
described in IC 20-45-6-8, the school corporation may appeal for an
excessive levy as provided under IC 20-45-6-8.
SOURCE: IC 20-29-2-4; (07)HE1084.1.145. -->
SECTION 145. IC 20-29-2-4, AS ADDED BY P.L.1-2005,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4. "Certificated employee" means a person:
(1) whose contract with the school corporation requires that the
person hold a license or permit from the division of professional
standards board of the department under IC 20-28; or
(2) who is employed as a teacher by a charter school established
under IC 20-24.
SOURCE: IC 20-33-2-32; (07)HE1084.1.146. -->
SECTION 146. IC 20-33-2-32, AS AMENDED BY P.L.1-2006,
SECTION 334, AND AS AMENDED BY P.L.2-2006, SECTION 152,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 32. (a) In a county that has not
been completely reorganized under IC 20-23-4, the governing body of
each school corporation that constitutes a separate attendance district
under section 3 33 30 of this chapter shall appoint an attendance
officer. One (1) additional attendance officer may be appointed for
every seven thousand five hundred (7,500) students in average daily
attendance ADA in the corporation.
(b) Whenever the governing body of a school corporation makes an
appointment under this section, it shall appoint an individual
nominated by the superintendent. However, the governing body may
decline to appoint any nominee and require another nomination. The
salary of each attendance officer appointed under this section shall be
fixed by the governing body. In addition to salary, the officer is entitled
to receive reimbursement for actual expenses necessary to properly
perform the officer's duties. The salary and expenses of an attendance
officer appointed under this section shall be paid by the treasurer of the
county in which the officer serves, on a warrant signed by the county
auditor. The county council shall appropriate, and the board of county
commissioners shall allow, the funds necessary to make these
payments. However, a warrant shall not be issued to an attendance
officer until the attendance officer has filed an itemized statement with
the county auditor. This statement shall show the time employed and
expenses incurred. The superintendent shall approve the statement and
certify that it is correct.
SOURCE: IC 20-33-3-8; (07)HE1084.1.147. -->
SECTION 147. IC 20-33-3-8, AS ADDED BY P.L.1-2005,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 8. (a) The issuing officer in each accredited
school (as described in IC 20-19-2-8(a)(5)) shall be an individual who
is:
(1) a guidance counselor;
(2) a school social worker; or
(3) an attendance officer for the school corporation and a teacher
licensed by the division of professional standards board of the
department under IC 20-28-4 or IC 20-28-5;
and designated in writing by the principal.
(b) During the times in which the individual described in subsection
(a) is not employed by the school or when school is not in session, there
shall be an issuing officer available:
(1) who is a teacher licensed by the division of professional
standards board of the department under IC 20-28-4 or
IC 20-28-5; and
(2) whose identity and hours of work shall be determined by the
principal.
SOURCE: IC 20-33-3-38.5; (07)HE1084.1.148. -->
SECTION 148. IC 20-33-3-38.5, AS ADDED BY P.L.182-2006,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 38.5. (a) For an hour violation under sections
22 through 28 of this chapter or a violation of section 23(3) or 24(3) of
this chapter committed by a child, the civil penalties are as follows:
(1) A warning letter for a first violation.
(2) Revocation of the employment certificate or certificates held
by the child for thirty (30) calendar days.
(b) The department of labor shall assess the civil penalties set forth
in subsection (a).
(c) If the department of labor revokes an employment certificate
under this section, the issuing officer and the child's employer shall be
notified in writing. This notice may be delivered in person or by
registered mail. Immediately after receiving notice of revocation, the
employer shall return the certificate to the issuing officer.
(d) A child whose employment certificate or certificates have been
revoked may not be employed or allowed to work until the child legally
has obtained a new employment certificate.
SOURCE: IC 20-35-2-1; (07)HE1084.1.149. -->
SECTION 149. IC 20-35-2-1, AS AMENDED BY P.L.93-2006,
SECTION 16, AND AS AMENDED BY P.L.141-2006, SECTION 96,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 1. (a) There is established
under the state board a division of special education. The division shall
exercise all the power and duties set out in this chapter, IC 20-35-3
through IC 20-35-6, and IC 20-35-8.
(b) The governor shall appoint, upon the recommendation of the
state superintendent, a director of special education who serves at the
pleasure of the governor. The amount of compensation of the director
shall be determined by the budget agency with the approval of the
governor. The director has the following duties:
(1) To do the following:
(A) Have general supervision of all programs, classes, and
schools for children with disabilities, including those
conducted by public schools, the Indiana School for the Blind
and Visually Impaired, the Indiana School for the Deaf, the
department of correction, the state department of health, the
division of disability aging, and rehabilitative services, and the
division of mental health and addiction.
(B) Coordinate the work of schools described in clause (A).
For programs for preschool children with disabilities as required
under IC 20-35-4-9, have general supervision over programs,
classes, and schools, including those conducted by the schools or
other state or local service providers as contracted for under
IC 20-35-4-9. However, general supervision does not include the
determination of admission standards for the state departments,
boards, or agencies authorized to provide programs or classes
under this chapter.
(2) To adopt, with the approval of the state board, rules governing
the curriculum and instruction, including licensing of personnel
in the field of education, as provided by law.
(3) To inspect and rate all schools, programs, or classes for
children with disabilities to maintain proper standards of
personnel, equipment, and supplies.
(4) With the consent of the state superintendent and the budget
agency, to appoint and determine salaries for any assistants and
other personnel needed to enable the director to accomplish the
duties of the director's office.
(5) To adopt, with the approval of the state board, the following:
(A) Rules governing the identification and evaluation of
children with disabilities and their placement under an
individualized education program in a special education
program.
(B) Rules protecting the rights of a child with a disability and
the parents of the child with a disability in the identification,
evaluation, and placement process.
(6) To make recommendations to the state board concerning
standards and case load ranges for related services to assist each
teacher in meeting the individual needs of each child according
to that child's individualized education program. The
recommendations may include the following:
(A) The number of teacher aides recommended for each
exceptionality included within the class size ranges.
(B) The role of the teacher aide.
(C) Minimum training recommendations for teacher aides and
recommended procedures for the supervision of teacher aides.
(7) To cooperate with the interagency coordinating council
established by IC 12-17-15-7 IC 12-12.7-2-7 to ensure that the
preschool special education programs required by IC 20-35-4-9
are consistent with the early intervention services program
described in IC 12-17-15. IC 12-12.7-2.
(c) The director or the state board may exercise authority over
vocational programs for children with disabilities through a letter of
agreement with the department of workforce development.
SOURCE: IC 20-35-3-1; (07)HE1084.1.150. -->
SECTION 150. IC 20-35-3-1, AS AMENDED BY P.L.141-2006,
SECTION 97, AND AS AMENDED BY P.L.145-2006, SECTION
152, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 1. (a) The state superintendent
shall appoint a state advisory council on the education of children with
disabilities. The state advisory council's duties consist of providing
policy guidance concerning special education and related services for
children with disabilities. The state superintendent shall appoint at least
seventeen (17) members who serve for a term of four (4) years.
Vacancies shall be filled in the same manner for the unexpired balance
of the term.
(b) The members of the state advisory council must be:
(1) citizens of Indiana;
(2) representative of the state's population; and
(3) selected on the basis of their involvement in or concern with
the education of children with disabilities.
(c) A majority of the members of the state advisory council must be
individuals with disabilities or the parents of children with disabilities.
Members must include the following:
(1) Parents of children with disabilities.
(2) Individuals with disabilities.
(3) Teachers.
(4) Representatives of higher education institutions that prepare
special education and related services personnel.
(5) State and local education officials.
(6) Administrators of programs for children with disabilities.
(7) Representatives of state agencies involved in the financing or
delivery of related services to children with disabilities, including
the following:
(A) The commissioner of the state department of health or the
commissioner's designee.
(B) The director of the division of disability aging, and
rehabilitative services or the director's designee.
(C) The director of the division of mental health and addiction
or the director's designee.
(D) The director of the division of family and children
department of child services or the director's designee.
(8) Representatives of nonpublic schools and freeway schools.
(9) One (1) or more representatives of vocational, community, or
business organizations concerned with the provision of
transitional services to children with disabilities.
(10) Representatives of the department of correction.
(11) A representative from each of the following:
(A) The Indiana School for the Blind and Visually Impaired
board.
(B) The Indiana School for the Deaf board.
(d) The responsibilities of the state advisory council are as follows:
(1) To advise the state superintendent and the state board
regarding all rules pertaining to children with disabilities.
(2) To recommend approval or rejection of completed
comprehensive plans submitted by school corporations acting
individually or on a joint school services program basis with other
corporations.
(3) To advise the department of unmet needs within Indiana in the
education of children with disabilities.
(4) To provide public comment on rules proposed by the state
board regarding the education of children with disabilities.
(5) To advise the department in developing evaluations and
reporting data to the United States Secretary of Education under
20 U.S.C. 1418.
(6) To advise the department in developing corrective action
plans to address findings identified in federal monitoring reports
under 20 U.S.C. 1400 et seq.
(7) To advise the department in developing and implementing
policies related to the coordination of services for children with
disabilities.
(e) The state advisory council shall do the following:
(1) Organize with a chairperson selected by the state
superintendent.
(2) Meet as often as necessary to conduct the council's business
at the call of the chairperson, upon ten (10) days written notice,
but not less than four (4) times a year.
(f) Members of the state advisory council are entitled to reasonable
amounts for expenses necessarily incurred in the performance of their
duties.
(g) The state superintendent shall do the following:
(1) Designate the director to act as executive secretary of the state
advisory council.
(2) Furnish all professional and clerical assistance necessary for
the performance of the state advisory council's powers and duties.
(h) The affirmative votes of a majority of the members appointed to
the state advisory council are required for the state advisory council to
take action.
SOURCE: IC 20-35-7-4; (07)HE1084.1.151. -->
SECTION 151. IC 20-35-7-4, AS AMENDED BY P.L.141-2006,
SECTION 99, AND AS AMENDED BY P.L.145-2006, SECTION
154, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 4. As used in this chapter,
"public agency" means a public or private entity that has direct or
delegated authority to provide special education and related services,
including the following:
(1) Public school corporations that operate programs individually
or cooperatively with other school corporations.
(2) Community agencies operated or supported by the office of
the secretary of family and social services.
(3) State developmental centers operated by the division of
disability aging, and rehabilitative services.
(4) State hospitals operated by the division of mental health and
addiction.
(5) State schools and programs operated by the state department
of health.
(6) Programs operated by the department of correction.
(7) Private schools and facilities that serve students referred or
placed by a school corporation, the division of special education,
the division of family and children department of child services,
or other another public entity.
SOURCE: IC 20-35-8-2; (07)HE1084.1.152. -->
SECTION 152. IC 20-35-8-2, AS AMENDED BY P.L.2-2006,
SECTION 159, AND AS AMENDED BY P.L.141-2006, SECTION
102, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 2. (a) The state board shall
adopt rules under IC 4-22-2 to establish limits on the amount of
transportation that may be provided in the student's individualized
education program. Unless otherwise specially shown to be essential
by the child's individualized education program, in case of residency in
a public or private facility, these rules must limit the transportation
required by the student's individualized education program to the
following:
(1) The student's first entrance and final departure each school
year.
(2) Round trip transportation each school holiday period.
(3) Two (2) additional round trips each school year.
(b) If a student is a transfer student receiving special education in
a public school, the state or school corporation responsible for the
payment of transfer tuition under IC 20-26-11-1 through IC 20-26-11-4
shall pay the cost of transportation required by the student's
individualized education program. However, if a transfer student was
counted as an eligible student for purposes of a distribution in a
calendar year under IC 21-3-3.1, the transportation costs that the
transferee school may charge for a school year ending in the calendar
year shall be reduced by the sum of the following:
(1) The quotient of:
(A) the amount of money that the transferee school is eligible
to receive under IC 21-3-3.1-2.1 for the calendar year in
which the school year ends; divided by
(B) the number of eligible students for the transferee school
for the calendar year (as determined under IC 21-3-3.1-2.1).
(2) The amount of money that the transferee school is eligible to
receive under IC 21-3-3.1-4 for the calendar year in which the
school year ends for the transportation of the transfer student
during the school year.
(c) If a student receives a special education:
(1) in a facility operated by:
(A) the state department of health;
(B) the division of disability aging, and rehabilitative services;
or
(C) the division of mental health and addiction;
(2) at the Indiana School for the Blind and Visually Impaired; or
(3) at the Indiana School for the Deaf;
the school corporation in which the student has legal settlement shall
pay the cost of transportation required by the student's individualized
education program. However, if the student's legal settlement cannot
be ascertained, the state board shall pay the cost of transportation
required by the student's individualized education program.
(d) If a student is placed in a private facility under IC 20-35-6-2 in
order to receive a special education because the student's school
corporation cannot provide an appropriate special education program,
the school corporation in which the student has legal settlement shall
pay the cost of transportation required by the student's individualized
education program. However, if the student's legal settlement cannot
be ascertained, the state board shall pay the cost of transportation
required by the student's individualized education program.
SOURCE: IC 20-44-3-1; (07)HE1084.1.153. -->
SECTION 153. IC 20-44-3-1, AS ADDED BY P.L.2-2006,
SECTION 167, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 1. As used in this chapter,
"fund" refers to a levy excess fund established under section 4 of this
chapter. IC 20-40-10-2.
SOURCE: IC 20-46-5-11; (07)HE1084.1.154. -->
SECTION 154. IC 20-46-5-11, AS ADDED BY P.L.2-2006,
SECTION 169, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 11. If a public hearing is
scheduled under this section, chapter, the governing body shall publish
a notice of the public hearing and the proposed plan or amendment to
the plan in accordance with IC 5-3-1-2(b).
SOURCE: IC 20-48-1-2; (07)HE1084.1.155. -->
SECTION 155. IC 20-48-1-2, AS ADDED BY P.L.2-2006,
SECTION 171, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 2. (a) As used in this section,
"retirement or severance liability" means the payments anticipated to
be required to be made to employees of a school corporation upon or
after termination of the employment of the employees by the school
corporation under an existing or previous employment agreement.
(b) This section applies to each school corporation that:
(1) did not issue bonds under IC 20-5-4-1.7 before its repeal; or
(2) issued bonds under IC 20-5-4-1.7:
(A) before April 14, 2003;
or
(B) after April 13, 2003, if an order approving the issuance
of the bonds was issued by the department of local
government finance before April 14, 2003.
(c) In addition to the purposes set forth in section 1 of this chapter,
a school corporation described in subsection (b) may issue bonds to
implement solutions to contractual retirement or severance liability.
The issuance of bonds for this purpose is subject to the following
conditions:
(1) The school corporation may issue bonds under this section
only one (1) time.
(2)
The A school corporation
described in subsection (b)(1) or
(b)(2)(A) must issue the bonds before July 1, 2006.
A school
corporation described in subsection (b)(2)(B) must file a
petition with the department of local government finance
under IC 6-1.1-19-8 requesting approval to incur bond
indebtedness under this section before July 1, 2006.
(3) The solution to which the bonds are contributing must be
reasonably expected to reduce the school corporation's unfunded
contractual liability for retirement or severance payments as it
existed on June 30, 2001.
(4) The amount of the bonds that may be issued for the purpose
described in this section may not exceed:
(A) two percent (2%) of the true tax value of property in the
school corporation, for a school corporation that did not issue
bonds under IC 20-5-4-1.7 (before its repeal); or
(B) the remainder of:
(i) two percent (2%) of the true tax value of property in the
school corporation as of the date that the school corporation
issued bonds under IC 20-5-4-1.7 (before its repeal); minus
(ii) the amount of bonds that the school corporation issued
under IC 20-5-4-1.7 (before its repeal);
for a school corporation that issued bonds under IC 20-5-4-1.7
before April 14, 2003. as described in subsection (b)(2).
(5) Each year that a debt service levy is needed under this section,
the school corporation shall reduce the total property tax levy for
the school corporation's transportation, school bus replacement,
capital projects, and art association and historical society funds,
as appropriate, in an amount equal to the property tax levy needed
for the debt service under this section. The property tax rate for
each of these funds shall be reduced each year until the bonds are
retired.
(6) The school corporation shall establish a separate debt service
fund for repayment of the bonds issued under this section.
(d) Bonds issued for the purpose described in this section shall be
issued in the same manner as other bonds of the school corporation.
(e) Bonds issued under this section are not subject to the petition
and remonstrance process under IC 6-1.1-20 or to the limitations
contained in IC 36-1-15.
SOURCE: IC 21-7-4.5-5; (07)HE1084.1.156. -->
SECTION 156. IC 21-7-4.5-5, AS ADDED BY P.L.2-2006,
SECTION 178, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 5. (a) The state board of finance
shall direct all disbursement from the fund. The auditor of state shall
draw the auditor of state's warrant on the treasurer of state, on a
properly itemized voucher officially approved by:
(1) the president of the state board of finance; or
(2) in the absence of the president, any member of the state board
of finance.
(b) Except as otherwise provided by this chapter, all securities
purchased for the fund shall be deposited with and remain in the
custody of the state board of finance. The state board of finance shall
collect all interest or other income accruing on the securities, when
due, together with the principal of the securities when the principal
matures and is due. Except as provided by subsection (c), all money
collected under this subsection shall be credited to the proper fund
account on the records of the auditor of state and the collection shall be
deposited with the treasurer of state and reported to the state board of
finance.
(c) All money collected under an agreement that is sold, transferred,
or liquidated under IC 21-49-4-23 IC 20-49-4-23 shall be immediately
transferred to the purchaser, transferee, or assignee of the agreement.
SOURCE: IC 21-10-3-3; (07)HE1084.1.157. -->
SECTION 157. IC 21-10-3-3, AS ADDED BY P.L.191-2006,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. Not later than November 1 of each year, the
state board, assisted by the office of management and budget and
school corporation officials, shall submit a report to the state
superintendent, the governor, and the general assembly concerning the
following:
(1) Consolidated purchasing arrangements used by multiple
school corporations, through educational services, service
centers, and throughout Indiana.
(2) Shared services arrangements used by multiple school
corporations, through educational service centers, and in the state
as a whole.
(3) The efforts of school corporations to explore cooperatives,
common management, or consolidations.
The report to the general assembly must be submitted to the executive
director of the legislative services agency in an electronic format under
IC 5-14-6.
SOURCE: IC 22-3-3-13; (07)HE1084.1.158. -->
SECTION 158. IC 22-3-3-13, AS AMENDED BY P.L.134-2006,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 13. (a) As used in this section, "board" refers
to the worker's compensation board created under IC 22-3-1-1.
(b) If an employee who from any cause, had lost, or lost the use of,
one (1) hand, one (1) arm, one (1) foot, one (1) leg, or one (1) eye, and
in a subsequent industrial accident becomes permanently and totally
disabled by reason of the loss, or loss of use of, another such member
or eye, the employer shall be liable only for the compensation payable
for such second injury. However, in addition to such compensation and
after the completion of the payment therefor, the employee shall be
paid the remainder of the compensation that would be due for such
total permanent disability out of a special fund known as the second
injury fund, and created in the manner described in subsection (c).
(c) Whenever the board determines under the procedures set forth
in subsection (d) that an assessment is necessary to ensure that fund
beneficiaries, including applicants under section 4(e) of this chapter,
continue to receive compensation in a timely manner for a reasonable
prospective period, the board shall send notice not later than November
1 in any year to:
(1) all insurance carriers and other entities insuring or providing
coverage to employers who are or may be liable under this article
to pay compensation for personal injuries to or the death of their
employees under this article; and
(2) each employer carrying the employer's own risk;
stating that an assessment is necessary. Not later than January 31 of the
following year, each entity identified in subdivisions (1) and (2) shall
send to the board a statement of total paid losses and premiums (as
defined in subsection (d)(4)) paid by employers during the previous
calendar year. The board may conduct an assessment under this
subsection not more than one (1) time annually. The total amount of the
assessment may not exceed two and one-half percent (2.5%) of the total
amount of all worker's compensation paid to injured employees or their
beneficiaries under IC 22-3-2 through IC 22-3-6 for the calendar year
next preceding the due date of such payment. The board shall assess a
penalty in the amount of ten percent (10%) of the amount owed if
payment is not made under this section within thirty (30) days from the
date set by the board. If the amount to the credit of the second injury
fund on or before November 1 of any year exceeds one hundred
thirty-five percent (135%) of the previous year's disbursements, the
assessment allowed under this subsection shall not be assessed or
collected during the ensuing year. But when on or before November 1
of any year the amount to the credit of the fund is less than one hundred
thirty-five percent (135%) of the previous year's disbursements, the
payments of not more than two and one-half percent (2.5%) of the total
amount of all worker's compensation paid to injured employees or their
beneficiaries under IC 22-3-2 through IC 22-3-6 for the calendar year
next preceding that date shall be resumed and paid into the fund. The
board may not use an assessment rate greater than twenty-five
hundredths of one percent (0.25%) above the amount recommended by
the study performed before the assessment.
(d) The board shall assess all employers for the liabilities, including
administrative expenses, of the second injury fund. The assessment
also must provide for the repayment of all loans made to the second
injury fund for the purpose of paying valid claims. The following
applies to assessments under this subsection:
(1) The portion of the total amount that must be collected from
self-insured employers equals:
(A) the total amount of the assessment as determined by the
board; multiplied by
(B) the quotient of:
(i) the total paid losses on behalf of all self-insured
employers during the preceding calendar year; divided by
(ii) the total paid losses on behalf of all self-insured
employers and insured employers during the preceding
calendar year.
(2) The portion of the total amount that must be collected from
insured employers equals:
(A) the total amount of the assessment as determined by the
board; multiplied by
(B) the quotient of:
(i) the total paid losses on behalf of all insured employers
during the preceding calendar year; divided by
(ii) the total paid losses on behalf of all self-insured
employers and insured employers during the preceding
calendar year.
(3) The total amount of assessments allocated to insured
employers under subdivision (2) must be be collected by the
insured employers' worker's compensation insurers. The amount
of the assessment for each insured employer equals:
(A) the total amount of assessments allocated to insured
employers under subdivision
(3); (2); multiplied by
(B) the quotient of:
(i) the worker's compensation premiums paid by the insured
employer during the preceding calendar year; divided by
(ii) the worker's compensation premiums paid by all insured
employers during the preceding calendar year.
(4) For purposes of the computation made under subdivision (3),
"premium" means the entire written premium resulting from
standard rating procedures and before the application of any of
the following:
(A) Rate deviations.
(B) Premium discounts.
(C) Policyholder dividends.
(D) Premium adjustments under a retrospective rating plan.
(E) Premium credits provided under large deductible
programs.
(F) Any other premium debits or credits.
(5) The amount of the assessment for each self-insured employer
equals:
(A) the total amount of assessments allocated to self-insured
employers under subdivision (1); multiplied by
(B) the quotient of:
(i) the paid losses attributable to the self-insured employer
during the preceding calendar year; divided by
(ii) paid losses attributable to all self-insured employers
during the preceding calendar year.
An employer that has ceased to be a self-insurer continues to be liable
for prorated assessments based on paid losses made by the employer in
the preceding calendar year during the period that the employer was
self-insured.
(e) The board may employ a qualified employee or enter into a
contract with an actuary or another qualified firm that has experience
in calculating worker's compensation liabilities. Not later than
December 1 of each year, the actuary or other qualified firm shall
calculate the recommended funding level of the fund and inform the
board of the results of the calculation. If the amount to the credit of the
fund is less than the amount required under subsection (c), the board
may conduct an assessment under subsection (c). The board shall pay
the costs of the contract under this subsection with money in the fund.
(f) An assessment collected under subsection (c) on an employer
who is not self-insured must be assessed through a surcharge based on
the employer's premium. An assessment collected under subsection (c)
does not constitute an element of loss, but for the purpose of collection
shall be treated as a separate cost imposed upon insured employers. A
premium surcharge under this subsection must be collected at the same
time and in the same manner in which the premium for coverage is
collected, and must be shown as a separate amount on a premium
statement. A premium surcharge under this subsection must be
excluded from the definition of premium for all purposes, including the
computation of insurance producer commissions or premium taxes.
However, an insurer may cancel a worker's compensation policy for
nonpayment of the premium surcharge. A cancellation under this
subsection must be carried out under the statutes applicable to the
nonpayment of premiums.
(g) The sums shall be paid by the board to the treasurer of state, to
be deposited in a special account known as the second injury fund. The
funds are not a part of the general fund of the state. Any balance
remaining in the account at the end of any fiscal year shall not revert
to the general fund. The funds shall be used only for the payment of
awards of compensation ordered by the board and chargeable against
the fund pursuant to this section, and shall be paid for that purpose by
the treasurer of state upon award or order of the board.
(h) If an employee who is entitled to compensation under IC 22-3-2
through IC 22-3-6 either:
(1) exhausts the maximum benefits under section 22 of this
chapter without having received the full amount of award granted
to the employee under section 10 of this chapter; or
(2) exhausts the employee's benefits under section 10 of this
chapter;
then such employee may apply to the board, who may award the
employee compensation from the second injury fund established by this
section, as follows under subsection (i).
(i) An employee who has exhausted the employee's maximum
benefits under section 10 of this chapter may be awarded additional
compensation equal to sixty-six and two-thirds percent (66 2/3%) of the
employee's average weekly wage at the time of the employee's injury,
not to exceed the maximum then applicable under section 22 of this
chapter, for a period of not to exceed one hundred fifty (150) weeks
upon competent evidence sufficient to establish:
(1) that the employee is totally and permanently disabled from
causes and conditions of which there are or have been objective
conditions and symptoms proven that are not within the physical
or mental control of the employee; and
(2) that the employee is unable to support the employee in any
gainful employment, not associated with rehabilitative or
vocational therapy.
(j) The additional award may be renewed during the employee's total
and permanent disability after appropriate hearings by the board for
successive periods not to exceed one hundred fifty (150) weeks each.
The provisions of this section apply only to injuries occurring
subsequent to April 1, 1950, for which awards have been or are in the
future made by the board under section 10 of this chapter. Section 16
of this chapter does not apply to compensation awarded from the
second injury fund under this section.
(k) All insurance carriers subject to an assessment under this section
are required to provide to the board:
(1) not later than January 31 each calendar year; and
(2) not later than thirty (30) days after a change occurs;
the name, address, and electronic mail address of a representative
authorized to receive the notice of an assessment.
SOURCE: IC 22-3-4-13; (07)HE1084.1.159. -->
SECTION 159. IC 22-3-4-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 13. (a) Every
employer shall keep a record of all injuries, fatal or otherwise, received
by or claimed to have been received by
his the employer's employees
in the course of their employment. Within seven (7) days after the
occurrence and knowledge thereof, as provided in IC 22-3-3-1, of any
injury to an employee causing
his death or
his absence from work for
more than one (1) day, a report thereof shall be made in writing and
mailed to the employer's insurance carrier or, if the employer is self
insured, delivered to the worker's compensation board in the manner
provided in subsections (b) and (c). The insurance carrier shall deliver
the report to the worker's compensation board in the manner provided
in subsections (b) and (c) not later than seven (7) days after receipt of
the report or fourteen (14) days after the employer's knowledge of the
injury, whichever is later. An employer or insurance carrier that fails
to comply with this subsection is subject to a civil penalty of fifty
dollars ($50), to be assessed and collected by the board. Civil penalties
collected under this section shall be deposited in the state general fund.
(b) All insurance carriers, companies who carry risk without
insurance, and third party administrators reporting accident information
to the board in compliance with subsection (a) shall:
(1) report the information using electronic data interchange
standards prescribed by the board no later than June 30, 1999; or
(2) in the alternative, the reporting entity shall have an
implementation plan approved by the board no later than June 30,
2000, that provides for the ability to report the information using
electronic data interchange standards prescribed by the board no
later than December 31, 2000.
Prior to the June 30, 2000, and December 31, 2000, deadlines, the
reporting entity may continue to report accidents to the board by mail
in compliance with subsection (a).
(c) The report shall contain the name, nature, and location of the
business of the employer, the name, age, sex, wages, occupation of the
injured employee, the date and hour of the accident causing the alleged
injury, the nature and cause of the injury, and such other information
as may be required by the board.
(d) A person who violates any provision of this article, except
IC 22-3-5-1,
or IC 22-3-7-34(a) IC 22-3-7-34(b), or
IC 22-3-7-34(b),
IC 22-3-7-34(c), commits a Class C infraction. A person who violates
IC 22-3-5-1, or IC 22-3-7-34(a) or IC 22-3-7-34(b), or IC 22-3-7-34(c)
commits a Class A infraction. The worker's compensation board in the
name of the state may seek relief from any court of competent
jurisdiction to enjoin any violation of this article.
(e) The venue of all criminal actions under this section lies in the
county in which the employee was injured. The prosecuting attorney of
the county shall prosecute all such violations upon written request of
the worker's compensation board. Such violations shall be prosecuted
in the name of the state.
(f) In an action before the board against an employer who at the time
of the injury to or occupational disease of an employee had failed to
comply with IC 22-3-5-1, or IC 22-3-7-34(a) or IC 22-3-7-34(b), or
IC 22-3-7-34(c), the board may award to the employee or the
dependents of a deceased employee:
(1) compensation not to exceed double the compensation
provided by this article;
(2) medical expenses; and
(3) reasonable attorney fees in addition to the compensation and
medical expenses.
(g) In an action under subsection (c) the court may:
(1) order the employer to cease doing business in Indiana until the
employer furnishes proof of insurance as required by IC 22-3-5-1
and IC 22-3-7-34(a) or IC 22-3-7-34(b) or IC 22-3-7-34(c);
(2) require satisfactory proof of the employer's financial ability to
pay any compensation or medical expenses in the amount and
manner and when due as provided for in IC 22-3, for any injuries
which occurred during any period of noncompliance; and
(3) require the employer to deposit with the worker's
compensation board an acceptable security, indemnity, or bond to
secure the payment of such compensation and medical expense
liabilities.
(h) The penalty provisions of subsection (e) shall apply only to the
employer and shall not apply for a failure to exact a certificate of
insurance under IC 22-3-2-14 or IC 22-3-7-34(i) or IC 22-3-7-34(j).
SOURCE: IC 22-4-2-9; (07)HE1084.1.160. -->
SECTION 160. IC 22-4-2-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 9. "Fund" means
the unemployment insurance benefit fund established by IC 22-4-26-1,
in which all contributions required, all payments in lieu of
contributions, and all money received from the federal government as
reimbursements pursuant to section 204 of the Federal-State Extended
Compensation Act of 1970, 26
U.S.C.A. U.S.C. 3304n, shall be
deposited and from which all benefits provided under this article shall
be paid.
SOURCE: IC 22-15-5-16; (07)HE1084.1.161. -->
SECTION 161. IC 22-15-5-16, AS AMENDED BY P.L.151-2006,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 16. (a) A practitioner shall comply with the
standards established under this licensing program. A practitioner is
subject to the exercise of the disciplinary sanctions under subsection
(b) if the department finds that a practitioner has:
(1) engaged in or knowingly cooperated in fraud or material
deception in order to obtain a license to practice, including
cheating on a licensing examination;
(2) engaged in fraud or material deception in the course of
professional services or activities;
(3) advertised services or goods in a false or misleading manner;
(4) falsified or knowingly allowed another person to falsify
attendance records or certificates of completion of continuing
education courses provided under this chapter;
(5) been convicted of a crime that has a direct bearing on the
practitioner's ability to continue to practice competently;
(6) knowingly violated a state statute or rule or federal statute or
regulation regulating the profession for which the practitioner is
licensed;
(7) continued to practice although the practitioner has become
unfit to practice due to:
(A) professional incompetence;
(B) failure to keep abreast of current professional theory or
practice;
(C) physical or mental disability; or
(D) addiction to, abuse of, or severe dependency on alcohol or
other drugs that endanger the public by impairing a
practitioner's ability to practice safely;
(8) engaged in a course of lewd or immoral conduct in connection
with the delivery of services to the public;
(9) allowed the practitioner's name or a license issued under this
chapter to be used in connection with an individual or business
who renders services beyond the scope of that individual's or
business's training, experience, or competence;
(10) had disciplinary action taken against the practitioner or the
practitioner's license to practice in another state or jurisdiction on
grounds similar to those under this chapter;
(11) assisted another person in committing an act that would
constitute a ground for disciplinary sanction under this chapter;
or
(12) allowed a license issued by the department to be:
(A) used by another person; or
(B) displayed to the public when the license has expired, is
inactive, is invalid, or has been revoked or suspended.
For purposes of subdivision (10), a certified copy of a record of
disciplinary action constitutes prima facie evidence of a disciplinary
action in another jurisdiction.
(b) The department may impose one (1) or more of the following
sanctions if the department finds that a practitioner is subject to
disciplinary sanctions under subsection (a):
(1) Permanent revocation of a practitioner's license.
(2) Suspension of a practitioner's license.
(3) Censure of a practitioner.
(4) Issuance of a letter of reprimand.
(5) Assess a civil penalty against the practitioner in accordance
with the following:
(A) The civil penalty may not be more than one thousand
dollars ($1,000) for each violation listed in subsection (a),
except for a finding of incompetency due to a physical or
mental disability.
(B) When imposing a civil penalty, the department shall
consider a practitioner's ability to pay the amount assessed. If
the practitioner fails to pay the civil penalty within the time
specified by the department, the department may suspend the
practitioner's license without additional proceedings. However,
a suspension may not be imposed if the sole basis for the
suspension is the practitioner's inability to pay a civil penalty.
(6) Place a practitioner on probation status and require the
practitioner to:
(A) report regularly to the department upon the matters that
are the basis of probation;
(B) limit practice to those areas prescribed by the department;
(C) continue or renew professional education approved by the
department until a satisfactory degree of skill has been attained
in those areas that are the basis of the probation; or
(D) perform or refrain from performing any acts, including
community restitution or service without compensation, that
the department considers appropriate to the public interest or
to the rehabilitation or treatment of the practitioner.
The department may withdraw or modify this probation if the
department finds after a hearing that the deficiency that required
disciplinary action has been remedied or that changed
circumstances warrant a modification of the order.
(c) If an applicant or a practitioner has engaged in or knowingly
cooperated in fraud or material deception to obtain a license to
practice, including cheating on the licensing examination, the
department may rescind the license if it has been granted, void the
examination or other fraudulent or deceptive material, and prohibit the
applicant from reapplying for the license for a length of time
established by the department.
(d) The department may deny licensure to an applicant who has had
disciplinary action taken against the applicant or the applicant's license
to practice in another state or jurisdiction or who has practiced without
a license in violation of the law. A certified copy of the record of
disciplinary action is conclusive evidence of the other jurisdiction's
disciplinary action.
(e) The department may order a practitioner to submit to a
reasonable physical or mental examination if the practitioner's physical
or mental capacity to practice safely and competently is at issue in a
disciplinary proceeding. Failure to comply with a department order to
submit to a physical or mental examination makes a practitioner liable
to temporary suspension under subsection (j).
(f) Except as provided under subsection (g) or (h), a license may not
be denied, revoked, or suspended because the applicant or holder has
been convicted of an offense. The acts from which the applicant's or
holder's conviction resulted may, however, be considered as to whether
the applicant or holder should be entrusted to serve the public in a
specific capacity.
(g) The department may deny, suspend, or revoke a license issued
under this chapter if the individual who holds the license is convicted
of any of the following:
(1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
(2) Possession of methamphetamine under IC 35-48-4-6.1.
(3) Possession of a controlled substance under IC 35-48-4-7(a).
(4) Fraudulently obtaining a controlled substance under
IC 35-48-4-7(b).
(5) Manufacture of paraphernalia as a Class D felony under
IC 35-48-4-8.1(b).
(6) Dealing in paraphernalia as a Class D felony under
IC 35-48-4-8.5(b).
(7) Possession of paraphernalia as a Class D felony under
IC 35-48-4-8.3(b).
(8) Possession of marijuana, hash oil, or hashish as a Class D
felony under IC 35-48-4-11.
(9) Maintaining a common nuisance under IC 35-48-4-13.
(10) An offense relating to registration, labeling, and prescription
forms under IC 35-48-4-14.
(11) Conspiracy under IC 35-41-5-2 to commit an offense listed
in clauses subdivisions (1) through (10).
(12) Attempt under IC 35-41-5-1 to commit an offense listed in
clauses subdivisions (1) through (10).
(13) An offense in any other jurisdiction in which the elements of
the offense for which the conviction was entered are substantially
similar to the elements of an offense described under clauses in
subdivisions (1) through (12).
(h) The department shall deny, revoke, or suspend a license issued
under this chapter if the individual who holds the license is convicted
of any of the following:
(1) Dealing in cocaine or a narcotic drug under IC 35-48-4-1.
(2) Dealing in methamphetamine under IC 35-48-4-1.1.
(3) Dealing in a schedule I, II, or III controlled substance under
IC 35-48-4-2.
(4) Dealing in a schedule IV controlled substance under
IC 35-48-4-3.
(5) Dealing in a schedule V controlled substance under
IC 35-48-4-4.
(6) Dealing in a substance represented to be a controlled
substance under IC 35-48-4-4.5.
(7) Knowingly or intentionally manufacturing, advertising,
distributing, or possessing with intent to manufacture, advertise,
or distribute a substance represented to be a controlled substance
under IC 35-48-4-4.6.
(8) Dealing in a counterfeit substance under IC 35-48-4-5.
(9) Dealing in marijuana, hash oil, or hashish under
IC 35-48-4-10(b).
(10) Conspiracy under IC 35-41-5-2 to commit an offense listed
in clauses subdivisions (1) through (9).
(11) Attempt under IC 35-41-5-1 to commit an offense listed in
clauses subdivisions (1) through (9).
(12) An offense in any other jurisdiction in which the elements of
the offense for which the conviction was entered are substantially
similar to the elements of an offense described under clauses in
subdivisions (1) through (11).
(13) A violation of any federal or state drug law or rule related to
wholesale legend drug distributors licensed under IC 25-26-14.
(i) A decision of the department under subsections (b) through (h)
may be appealed to the commission under IC 4-21.5-3-7.
(j) The department may temporarily suspend a practitioner's license
under IC 4-21.5-4 before a final adjudication or during the appeals
process if the department finds that a practitioner represents a clear and
immediate danger to the public's health, safety, or property if the
practitioner is allowed to continue to practice.
(k) On receipt of a complaint or an information alleging that a
person licensed under this chapter has engaged in or is engaging in a
practice that jeopardizes the public health, safety, or welfare, the
department shall initiate an investigation against the person.
(l) Any complaint filed with the office of the attorney general
alleging a violation of this licensing program shall be referred to the
department for summary review and for its general information and any
authorized action at the time of the filing.
(m) The department shall conduct a fact finding investigation as the
department considers proper in relation to the complaint.
(n) The department may reinstate a license that has been suspended
under this section if, after a hearing, the department is satisfied that the
applicant is able to practice with reasonable skill, safety, and
competency to the public. As a condition of reinstatement, the
department may impose disciplinary or corrective measures authorized
under this chapter.
(o) The department may not reinstate a license that has been
revoked under this chapter. An individual whose license has been
revoked under this chapter may not apply for a new license until seven
(7) years after the date of revocation.
(p) The department shall seek to achieve consistency in the
application of sanctions authorized in this chapter. Significant
departures from prior decisions involving similar conduct must be
explained in the department's findings or orders.
(q) A practitioner may petition the department to accept the
surrender of the practitioner's license instead of having a hearing before
the commission. The practitioner may not surrender the practitioner's
license without the written approval of the department, and the
department may impose any conditions appropriate to the surrender or
reinstatement of a surrendered license.
(r) A practitioner who has been subjected to disciplinary sanctions
may be required by the commission to pay the costs of the proceeding.
The practitioner's ability to pay shall be considered when costs are
assessed. If the practitioner fails to pay the costs, a suspension may not
be imposed solely upon the practitioner's inability to pay the amount
assessed. The costs are limited to costs for the following:
(1) Court reporters.
(2) Transcripts.
(3) Certification of documents.
(4) Photo duplication.
(5) Witness attendance and mileage fees.
(6) Postage.
(7) Expert witnesses.
(8) Depositions.
(9) Notarizations.
SOURCE: IC 23-1-38.5-15; (07)HE1084.1.162. -->
SECTION 162. IC 23-1-38.5-15, AS AMENDED BY P.L.130-2006,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 15. (a) When a conversion under this section
in which the surviving entity is a domestic business corporation or
domestic other entity becomes effective:
(1) the title to all real and personal property, both tangible and
intangible, of the converting entity remains in the surviving entity
without reversion or impairment;
(2) the liabilities of the converting entity remain the liabilities of
the surviving entity;
(3) an action or proceeding pending against the converting entity
continues against the surviving entity as if the conversion had not
occurred;
(4) in the case of a surviving entity that is a filing entity, the
articles of conversion and the articles of incorporation or public
organic document attached to the articles of conversion constitute
the articles of incorporation or public organic document of the
surviving entity;
(5) in the case of a surviving entity that is not a filing entity, the
private organic document provided for in the plan of conversion
constitutes the private organic document of the surviving entity;
(6) the shares, interests, other securities, obligations, or rights to
acquire shares, interests, or other securities of the converting
entity are reclassified into shares, interests, other securities,
obligations, rights to acquire shares, interests, or other securities
of the surviving entity, or into cash or other property in
accordance with the plan of conversion, and the shareholders or
interest holders of the converting entity are entitled only to the
rights provided in the plan of conversion and to any rights they
may have under the organic law of the converting entity;
and
(7) the surviving entity is considered for all purposes of the laws
of Indiana to:
(A) be a domestic corporation or domestic other entity;
(B) be the same corporation or other entity without
interruption as the converting entity that existed before the
conversion; and
(C) have been incorporated or otherwise organized on the date
that the converting entity was originally incorporated or
organized; and
(8) unless otherwise agreed in writing, for all purposes of the laws
of Indiana, the converting entity is not required to wind up its
affairs or pay its liabilities and distribute its assets, and the
conversion does not constitute a dissolution of the converting
entity.
(b) If the shareholders or interest holders of a converting entity are
entitled to receive dissenters' rights upon conversion, the surviving
entity is considered to:
(1) appoint the secretary of state as its agent for service of process
in a proceeding to enforce the rights of shareholders or interest
holders who exercise dissenters' rights in connection with the
conversion; and
(2) agree that it will promptly pay the amount, if any, to which the
shareholders or interest holders referred to in subdivision (1) are
entitled under the organic law of the converting entity.
(c) A shareholder or interest holder in a limited liability entity that
is a converting entity who becomes subject to owner liability for some
or all of the debts, obligations, or liabilities of the surviving entity is
personally liable only for those debts, obligations, or liabilities of the
surviving entity that arise after the effective time of the articles of
entity conversion.
(d) The owner liability of an interest holder in an unlimited liability
entity that is a converting entity that converts to a limited liability entity
is as follows:
(1) The conversion does not discharge any owner liability under
the organic law of the converting entity to the extent that any such
owner liability arose before the effective time of the articles of
entity conversion.
(2) The interest holder does not have owner liability under the
organic law of the surviving entity for any debt, obligation, or
liability of the surviving entity that arises after the effective time
of the articles of entity conversion.
(3) The provisions of the organic law of the converting entity
continue to apply to the collection or discharge of any owner
liability preserved by subdivision (1), as if the conversion had not
occurred and the surviving entity were still the converting entity.
(4) The interest holder has whatever rights of contribution from
other interest holders are provided by the organic law of the
converting entity with respect to any owner liability preserved by
subdivision (1), as if the conversion had not occurred and the
surviving entity were still the converting entity.
SOURCE: IC 23-18-4-8; (07)HE1084.1.163. -->
SECTION 163. IC 23-18-4-8, AS AMENDED BY P.L.130-2006,
SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 8. (a) A limited liability company must keep
at its principal office the following records and information:
(1) A list with the full name and last known mailing address of
each member and manager, if any, of the limited liability
company from the date of organization.
(2) A copy of the articles of organization and all amendments.
(3) Copies of the limited liability company's federal, state, and
local income tax returns and financial statements, if any, for the
three (3) most recent years, or if the returns and statements were
not prepared, copies of the information and statements provided
to or that should have been provided to the members to enable
them to prepare their federal, state, and local tax returns for the
same period.
(4) Copies of any written operating agreements and all
amendments and copies of any written operating agreements no
longer in effect.
(5) Unless otherwise set forth in a written operating agreement, a
writing setting out the following:
(A) The amount of cash, if any, and a statement of the agreed
value of other property or services contributed by each
member and the times at which or events upon the happening
of which any additional contributions agreed to be made by
each member are to be made.
(B) The events, if any, upon the happening of which the
limited liability company is to be dissolved and its affairs
wound up.
(C) Other writings, if any, required by the operating
agreement.
(b) A member may, at the member's own expense, inspect and copy
the limited liability company records described in subsection (a) where
the records are located during ordinary business hours if the member
gives the limited liability company written notice of the member's
request at least five (5) business days before the date on which the
member wishes to inspect and copy the records.
(c) Unless greater rights of access to records or other information
are provided in a written operating agreement, members or managers,
if any, shall give to the extent the circumstances allow just, reasonable,
true, and full information of all things affecting the members to any
member or to the legal representative of any deceased member or of
any member under legal disability upon reasonable demand for any
purpose reasonably related to a member's interest as a member of the
limited liability company.
(d) If a limited liability company is managed by one (1) or more
managers, a member or the legal representative of a deceased member
or a member under a legal disability may obtain information under
subsection (c) only if:
(1) the member makes the request at least five (5) business days
before the date on which the member wishes to obtain the
information;
(2) the member makes the request in good faith and for a proper
purpose;
(3) the member describes with reasonable particularity the
member's purpose and the information that the member wishes to
obtain; and
(4) the information is directly connected to the member's purpose.
(e) Failure of the limited liability company to keep or maintain the
records or information required by this section is not grounds for
imposing liability on any member for the debts and obligations of the
limited liability company.
SOURCE: IC 23-18-9-7.5; (07)HE1084.1.164. -->
SECTION 164. IC 23-18-9-7.5, AS ADDED BY P.L.130-2006,
SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 7.5. (a) A limited liability company may
revoke its dissolution within one hundred twenty (120) days of its
effective date.
(b) Revocation of dissolution must be authorized in the same
manner as the dissolution was authorized unless the authorization for
dissolution permitted revocation of the dissolution by action of the
managers alone. If the authorization for dissolution permitted
revocation of the dissolution by action of the managers alone, the
managers may revoke the dissolution without member action.
(c) After the revocation of dissolution is authorized, the limited
liability company may revoke the dissolution by delivering to the
secretary of state for filing articles of dissolution and articles of
revocation of dissolution. The articles of revocation of distribution
dissolution must set forth the following:
(1) The name of the limited liability company.
(2) The effective date of the revocation of dissolution.
(3) The date that the revocation of dissolution was authorized.
(4) If applicable, a statement that the limited liability company's
members or managers revoked the dissolution.
(5) If the limited liability company's members or managers
revoked a dissolution authorized by the members or managers, a
statement that the authorization permitted revocation of the
dissolution by action of the members or of the managers alone.
(d) Unless otherwise specified, a revocation of dissolution is
effective when articles of revocation of dissolution are filed.
(e) A revocation of dissolution relates back to and takes effect as of
the effective date of the dissolution. A limited liability company whose
dissolution is revoked resumes carrying on business as if there had
been no dissolution.
SOURCE: IC 24-5-0.5-2; (07)HE1084.1.165. -->
SECTION 165. IC 24-5-0.5-2, AS AMENDED BY P.L.85-2006,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. (a) As used in this chapter:
(1) "Consumer transaction" means a sale, lease, assignment,
award by chance, or other disposition of an item of personal
property, real property, a service, or an intangible, except
securities and policies or contracts of insurance issued by
corporations authorized to transact an insurance business under
the laws of the state of Indiana, with or without an extension of
credit, to a person for purposes that are primarily personal,
familial, charitable, agricultural, or household, or a solicitation to
supply any of these things. However, the term includes the
following:
(A) A transfer of structured settlement payment rights under
IC 34-50-2.
(B) An unsolicited advertisement
sent to a person by
telephone facsimile machine offering a sale, lease, assignment,
award by chance, or other disposition of an item of personal
property, real property, a service, or an intangible.
(2) "Person" means an individual, corporation, the state of Indiana
or its subdivisions or agencies, business trust, estate, trust,
partnership, association, nonprofit corporation or organization, or
cooperative or any other legal entity.
(3) "Supplier" means the following:
(A) A seller, lessor, assignor, or other person who regularly
engages in or solicits consumer transactions, including
soliciting a consumer transaction by using a telephone
facsimile machine to transmit an unsolicited advertisement.
The term includes a manufacturer, wholesaler, or retailer,
whether or not the person deals directly with the consumer.
(B) A person who contrives, prepares, sets up, operates,
publicizes by means of advertisements, or promotes a pyramid
promotional scheme.
(4) "Subject of a consumer transaction" means the personal
property, real property, services, or intangibles offered or
furnished in a consumer transaction.
(5) "Cure" as applied to a deceptive act, means either:
(A) to offer in writing to adjust or modify the consumer
transaction to which the act relates to conform to the
reasonable expectations of the consumer generated by such
deceptive act and to perform such offer if accepted by the
consumer; or
(B) to offer in writing to rescind such consumer transaction
and to perform such offer if accepted by the consumer.
The term includes an offer in writing of one (1) or more items of
value, including monetary compensation, that the supplier
delivers to a consumer or a representative of the consumer if
accepted by the consumer.
(6) "Offer to cure" as applied to a deceptive act is a cure that:
(A) is reasonably calculated to remedy a loss claimed by the
consumer; and
(B) includes a minimum additional amount that is the greater
of:
(i) ten percent (10%) of the value of the remedy under
clause (A), but not more than four thousand dollars
($4,000); or
(ii) five hundred dollars ($500);
as compensation for attorney's fees, expenses, and other costs
that a consumer may incur in relation to the deceptive act.
(7) "Uncured deceptive act" means a deceptive act:
(A) with respect to which a consumer who has been damaged
by such act has given notice to the supplier under section 5(a)
of this chapter; and
(B) either:
(i) no offer to cure has been made to such consumer within
thirty (30) days after such notice; or
(ii) the act has not been cured as to such consumer within a
reasonable time after the consumer's acceptance of the offer
to cure.
(8) "Incurable deceptive act" means a deceptive act done by a
supplier as part of a scheme, artifice, or device with intent to
defraud or mislead. The term includes a failure of a transferee of
structured settlement payment rights to timely provide a true and
complete disclosure statement to a payee as provided under
IC 34-50-2 in connection with a direct or indirect transfer of
structured settlement payment rights.
(9) "Pyramid promotional scheme" means any program utilizing
a pyramid or chain process by which a participant in the program
gives a valuable consideration exceeding one hundred dollars
($100) for the opportunity or right to receive compensation or
other things of value in return for inducing other persons to
become participants for the purpose of gaining new participants
in the program. The term does not include ordinary sales of goods
or services to persons who are not purchasing in order to
participate in such a scheme.
(10) "Promoting a pyramid promotional scheme" means:
(A) inducing or attempting to induce one (1) or more other
persons to become participants in a pyramid promotional
scheme; or
(B) assisting another in promoting a pyramid promotional
scheme.
(11) "Elderly person" means an individual who is at least
sixty-five (65) years of age.
(12) "Telephone facsimile machine" means equipment that has
the capacity to transcribe text or images, or both, from:
(A) paper into an electronic signal and to transmit that signal
over a regular telephone line; or
(B) an electronic signal received over a regular telephone line
onto paper.
(13) "Unsolicited advertisement" means material advertising the
commercial availability or quality of:
(A) property;
(B) goods; or
(C) services;
that is transmitted to a person without the person's prior express
invitation or permission, in writing or otherwise.
(b) As used in section 3(a)(15) of this chapter:
(1) "Directory assistance" means the disclosure of telephone
number information in connection with an identified telephone
service subscriber by means of a live operator or automated
service.
(2) "Local telephone directory" refers to a telephone classified
advertising directory or the business section of a telephone
directory that is distributed by a telephone company or directory
publisher to subscribers located in the local exchanges contained
in the directory. The term includes a directory that includes
listings of more than one (1) telephone company.
(3) "Local telephone number" refers to a telephone number that
has the three (3) number prefix used by the provider of telephone
service for telephones physically located within the area covered
by the local telephone directory in which the number is listed. The
term does not include long distance numbers or 800-, 888-, or
900- exchange numbers listed in a local telephone directory.
SOURCE: IC 25-1-7-9; (07)HE1084.1.166. -->
SECTION 166. IC 25-1-7-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 9. A board member
is disqualified from any consideration of the case if the board member
filed the complaint or participated in negotiations regarding the
complaint. The board member is not disqualified from the board's final
determination solely because the board member was the hearing officer
or determined the complaint and the information pertaining to the
complaint was current significant investigative information (as defined
by IC 25-23.2-1-5 (repealed)).
SOURCE: IC 25-1-7-10; (07)HE1084.1.167. -->
SECTION 167. IC 25-1-7-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 10. (a) All
complaints and information pertaining to the complaints shall be held
in strict confidence until the attorney general files notice with the board
of the attorney general's intent to prosecute the licensee.
(b) A person in the employ of the office of attorney general or any
of the boards, or any person not a party to the complaint, may not
disclose or further a disclosure of information concerning the
complaint unless the disclosure is required:
(1) under law; or
(2) for the advancement of an investigation.
(c) Notwithstanding subsections (a) and (b), under IC 25-23.2 the
state board of nursing may disclose to the coordinated licensure
information system (as defined by IC 25-23.2-1-4) complaints and
information concerning complaints that the board determines to be
current significant investigative information (as defined by
IC 25-23.2-1-5).
SOURCE: IC 25-4-1-16; (07)HE1084.1.168. -->
SECTION 168. IC 25-4-1-16, AS AMENDED BY P.L.177-2006,
SECTION 1, AND AS AMENDED BY P.L.157-2006, SECTION 22,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 16. (a) The fee to be paid by an
applicant for an examination to determine the applicant's fitness to
receive a certificate of registration as a registered architect shall be
established by the board under IC 25-1-8-2.
(b) The fee to be paid by an applicant for a certificate of registration
as a registered architect shall be established by the board under
IC 25-1-8-2.
(c) The fee to be paid for the restoration of an expired certificate of
registration as a registered architect shall be established under
IC 25-1-8-7. IC 25-1-8-6. The restoration fee shall be in addition to all
unpaid renewal fees.
(d) The fee to be paid upon renewal of a certificate of registration
shall be established by the board under IC 25-1-8-2.
(e) The fee to be paid by an applicant for a certificate of registration
who is an architect registered or licensed under the laws of another
state or territory of the United States, or of a foreign country or
province, shall be established by the board under IC 25-1-8-2.
(f) In addition to the registration fees established under this section,
the board shall establish a fee of not more than twenty dollars ($20)
for registered architects and registered landscape architects to be paid
at the time of:
(1) issuance of a certificate of registration; and
(2) renewal of a certificate of registration;
under this article to provide funds for administering and enforcing this
article, including investigating and taking action against persons
violating this article. All funds collected under this subsection shall be
deposited into the registered architects and registered landscape
architects investigative fund established by section 32 of this chapter.
SOURCE: IC 25-22.5-12-7; (07)HE1084.1.169. -->
SECTION 169. IC 25-22.5-12-7, AS ADDED BY P.L.157-2006,
SECTION 61, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 7. The program director of a residency pilot
program that wants to participate in the residency pilot program shall
submit a letter to the board requesting that the accepted residency
candidate receive a temporary permit for residency training. A
representative of the residency pilot program must appear with the
candidate for a hearing of the board.
SOURCE: IC 25-23-1-1.1; (07)HE1084.1.170. -->
SECTION 170. IC 25-23-1-1.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1.1. (a) As used in
this chapter, "registered nurse" means a person who holds a valid
license issued
(1) under this chapter
or
(2) by a party state (as defined in IC 25-23.2-1-11); and
who bears primary responsibility and accountability for nursing
practices based on specialized knowledge, judgment, and skill derived
from the principles of biological, physical, and behavioral sciences.
(b) As used in this chapter, "registered nursing" means performance
of services which include but are not limited to:
(1) assessing health conditions;
(2) deriving a nursing diagnosis;
(3) executing a nursing regimen through the selection,
performance, and management of nursing actions based on
nursing diagnoses;
(4) advocating the provision of health care services through
collaboration with or referral to other health professionals;
(5) executing regimens delegated by a physician with an
unlimited license to practice medicine or osteopathic medicine, a
licensed dentist, a licensed chiropractor, a licensed optometrist,
or a licensed podiatrist;
(6) teaching, administering, supervising, delegating, and
evaluating nursing practice;
(7) delegating tasks which assist in implementing the nursing,
medical, or dental regimen; or
(8) performing acts which are approved by the board or by the
board in collaboration with the medical licensing board of
Indiana.
(c) As used in this chapter, "assessing health conditions" means the
collection of data through means such as interviews, observation, and
inspection for the purpose of:
(1) deriving a nursing diagnosis;
(2) identifying the need for additional data collection by nursing
personnel; and
(3) identifying the need for additional data collection by other
health professionals.
(d) As used in this chapter, "nursing regimen" means preventive,
restorative, maintenance, and promotion activities which include
meeting or assisting with self-care needs, counseling, and teaching.
(e) As used in this chapter, "nursing diagnosis" means the
identification of needs which are amenable to nursing regimen.
SOURCE: IC 25-23-1-1.2; (07)HE1084.1.171. -->
SECTION 171. IC 25-23-1-1.2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1.2. As used in this
chapter, "licensed practical nurse" means a person who holds a valid
license issued under this chapter or by a party state (as defined in
IC 25-23.2-1-11) and who functions at the direction of:
(1) a registered nurse;
(2) a physician with an unlimited license to practice medicine or
osteopathic medicine;
(3) a licensed dentist;
(4) a licensed chiropractor;
(5) a licensed optometrist; or
(6) a licensed podiatrist;
in the performance of activities commonly performed by practical
nurses and requiring special knowledge or skill.
SOURCE: IC 25-23-1-7; (07)HE1084.1.172. -->
SECTION 172. IC 25-23-1-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7. (a) The board
shall do the following:
(1) Adopt under IC 4-22-2 rules necessary to enable it to carry
into effect this chapter.
(2) Prescribe standards and approve curricula for nursing
education programs preparing persons for licensure under this
chapter.
(3) Provide for surveys of such programs at such times as it
considers necessary.
(4) Accredit such programs as meet the requirements of this
chapter and of the board.
(5) Deny or withdraw accreditation from nursing education
programs for failure to meet prescribed curricula or other
standards.
(6) Examine, license, and renew the license of qualified
applicants.
(7) Issue subpoenas, compel the attendance of witnesses, and
administer oaths to persons giving testimony at hearings.
(8) Cause the prosecution of all persons violating this chapter and
have power to incur necessary expenses for these prosecutions.
(9) Adopt rules under IC 4-22-2 that do the following:
(A) Prescribe standards for the competent practice of
registered, practical, and advanced practice nursing.
(B) Establish with the approval of the medical licensing board
created by IC 25-22.5-2-1 requirements that advanced practice
nurses must meet to be granted authority to prescribe legend
drugs and to retain that authority.
(C) Establish, with the approval of the medical licensing board
created by IC 25-22.5-2-1, requirements for the renewal of a
practice agreement under section 19.4 of this chapter, which
shall expire on October 31 in each odd-numbered year.
(10) Keep a record of all its proceedings.
(11) Collect and distribute annually demographic information on
the number and type of registered nurses and licensed practical
nurses employed in Indiana.
(12) Adopt rules and administer the interstate nurse licensure
compact under IC 25-23.2.
(b) The board may do the following:
(1) Create ad hoc subcommittees representing the various nursing
specialties and interests of the profession of nursing. Persons
appointed to a subcommittee serve for terms as determined by the
board.
(2) Utilize the appropriate subcommittees so as to assist the board
with its responsibilities. The assistance provided by the
subcommittees may include the following:
(A) Recommendation of rules necessary to carry out the duties
of the board.
(B) Recommendations concerning educational programs and
requirements.
(C) Recommendations regarding examinations and licensure
of applicants.
(3) Appoint nurses to serve on each of the ad hoc subcommittees.
(4) Withdraw from the interstate compact under IC 25-23.2.
(c) Nurses appointed under subsection (b) must:
(1) be committed to advancing and safeguarding the nursing
profession as a whole; and
(2) represent nurses who practice in the field directly affected by
a subcommittee's actions.
SOURCE: IC 25-23-1-11; (07)HE1084.1.173. -->
SECTION 173. IC 25-23-1-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 11. (a) Any person
who applies to the board for a license to practice as a registered nurse
must:
(1) not have:
(A) been convicted of a crime that has a direct bearing on the
person's ability to practice competently; or
(B) committed an act that would constitute a ground for a
disciplinary sanction under IC 25-1-9;
(2) have completed:
(A) the prescribed curriculum and met the graduation
requirements of a state accredited program of registered
nursing that only accepts students who have a high school
diploma or its equivalent as determined by the board; or
(B) the prescribed curriculum and graduation requirements of
a nursing education program in a foreign country that is
substantially equivalent to a board approved program as
determined by the board. The board may by rule adopted under
IC 4-22-2 require an applicant under this subsection to
successfully complete an examination approved by the board
to measure the applicant's qualifications and background in the
practice of nursing and proficiency in the English language;
and
(3) be physically and mentally capable of and professionally
competent to safely engage in the practice of nursing as
determined by the board.
The board may not require a person to have a baccalaureate degree in
nursing as a prerequisite for licensure.
(b) The applicant must pass an examination in such subjects as the
board may determine.
(c) The board may issue by endorsement a license to practice as a
registered nurse to an applicant who has been licensed as a registered
nurse, by examination, under the laws of another state if the applicant
presents proof satisfactory to the board that, at the time that the
applicant applies for an Indiana license by endorsement, the applicant
holds a current license in another state and possesses credentials and
qualifications that are substantially equivalent to requirements in
Indiana for licensure by examination. The board may specify by rule
what constitutes substantial equivalence under this subsection.
(d) The board may issue by endorsement a license to practice as a
registered nurse to an applicant who:
(1) has completed the English version of the Canadian Nurse
Association Testing Service Examination;
(2) achieved the passing score required on the examination at the
time the examination was taken;
(3) is currently licensed in a Canadian province or in another
state; and
(4) meets the other requirements under this section.
(e) Each applicant for examination and registration to practice as a
registered nurse shall pay a fee set by the board. The board may set a
proctoring fee to be paid by applicants who are graduates of a state
accredited school in another state. Payment of the fee or fees shall be
made by the applicant prior to the date of examination.
(f) Any person who holds a license to practice as a registered nurse
in
(1) Indiana or
(2) a party state (as defined in IC 25-23.2-1-11);
may use the title "Registered Nurse" and the abbreviation "R.N.". No
other person shall practice or advertise as or assume the title of
registered nurse or use the abbreviation of "R.N." or any other words,
letters, signs, or figures to indicate that the person using same is a
registered nurse.
SOURCE: IC 25-23-1-12; (07)HE1084.1.174. -->
SECTION 174. IC 25-23-1-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 12. (a) A person
who applies to the board for a license to practice as a licensed practical
nurse must:
(1) not have been convicted of:
(A) an act which would constitute a ground for disciplinary
sanction under IC 25-1-9; or
(B) a crime that has a direct bearing on the person's ability to
practice competently;
(2) have completed:
(A) the prescribed curriculum and met the graduation
requirements of a state accredited program of practical nursing
that only accepts students who have a high school diploma or
its equivalent, as determined by the board; or
(B) the prescribed curriculum and graduation requirements of
a nursing education program in a foreign country that is
substantially equivalent to a board approved program as
determined by the board. The board may by rule adopted under
IC 4-22-2 require an applicant under this subsection to
successfully complete an examination approved by the board
to measure the applicant's qualifications and background in the
practice of nursing and proficiency in the English language;
and
(3) be physically and mentally capable of, and professionally
competent to, safely engage in the practice of practical nursing as
determined by the board.
(b) The applicant must pass an examination in such subjects as the
board may determine.
(c) The board may issue by endorsement a license to practice as a
licensed practical nurse to an applicant who has been licensed as a
licensed practical nurse, by examination, under the laws of another
state if the applicant presents proof satisfactory to the board that, at the
time of application for an Indiana license by endorsement, the applicant
possesses credentials and qualifications that are substantially
equivalent to requirements in Indiana for licensure by examination. The
board may specify by rule what shall constitute substantial equivalence
under this subsection.
(d) Each applicant for examination and registration to practice as a
practical nurse shall pay a fee set by the board. The board may set a
proctoring fee to be paid by applicants who are graduates of a state
accredited school in another state. Payment of the fees shall be made
by the applicant before the date of examination.
(e) Any person who holds a license to practice as a licensed
practical nurse in
(1) Indiana or
(2) a party state (as defined in IC 25-23.2-1-11);
may use the title "Licensed Practical Nurse" and the abbreviation
"L.P.N.". No other person shall practice or advertise as or assume the
title of licensed practical nurse or use the abbreviation of "L.P.N." or
any other words, letters, signs, or figures to indicate that the person
using them is a licensed practical nurse.
SOURCE: IC 25-23-1-27; (07)HE1084.1.175. -->
SECTION 175. IC 25-23-1-27 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 27. A person who:
(1) sells or fraudulently obtains or furnishes any nursing diploma,
license or record;
(2) practices nursing under cover of any diploma or license or
record illegally or fraudulently obtained or assigned or issued
unlawfully or under fraudulent representation;
(3) practices nursing as a registered nurse or licensed practical
nurse unless licensed to do so under this chapter; or under
IC 25-23.2;
(4) uses in connection with the person's name any designation
tending to imply that the person is a registered nurse or a licensed
practical nurse unless licensed to practice under this chapter; or
under IC 25-23.2;
(5) practices nursing during the time the person's license issued
under this chapter or under IC 25-23.2 is suspended or revoked;
(6) conducts a school of nursing or a program for the training of
practical nurses unless the school or program has been accredited
by the board; or
(7) otherwise violates this chapter;
commits a Class B misdemeanor.
SOURCE: IC 25-23-1-34; (07)HE1084.1.176. -->
SECTION 176. IC 25-23-1-34, AS AMENDED BY P.L.1-2006,
SECTION 454, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 34. (a) The impaired nurses
account is established within the state general fund for the purpose of
providing money for providing rehabilitation of impaired registered
nurses or licensed practical nurses under this article. The account shall
be administered by the Indiana professional licensing agency.
(b) Expenses of administering the account shall be paid from money
in the account. The account consists of the following:
(1) Funds collected for the rehabilitation of impaired registered
nurses and impaired licensed practical nurses under section
16.1(d) of this chapter.
(2) Funds collected under section 31(c)(2) of this chapter.
(3) Funds collected for the rehabilitation of impaired registered
nurses and impaired licensed practical nurses under
IC 25-23.2-3-5 (repealed).
(4) Fines collected from registered nurses or licensed practical
nurses under IC 25-1-9-9(a)(6).
(c) The treasurer of state shall invest the money in the account not
currently needed to meet the obligations of the account in the same
manner as other public money may be invested.
(d) Money in the account is appropriated to the board for the
purpose stated in subsection (a).
SOURCE: IC 25-23.6-1-3.9; (07)HE1084.1.177. -->
SECTION 177. IC 25-23.6-1-3.9, AS AMENDED BY
P.L.141-2006, SECTION 108, AND AS AMENDED BY
P.L.145-2006, SECTION 162, IS CORRECTED AND AMENDED TO
READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3.9.
"Governmental employee" means an individual employed by the office
of the secretary of family and social services, the division of family and
children, resources, the division of mental health and addiction, the
division of disability aging, and rehabilitative services, the division of
aging, the department of correction, or the state department of health
in one (1) of the following classifications:
(1) 2AA3 Behavioral clinician 3.
(2) 2AA4 Behavioral clinician 4.
(3) 2AA5 Clinical associate 5.
(4) 2FL1 Mental health administrator 1.
(5) 2FL2 Mental health administrator 2.
(6) 2FL3 Mental health administrator 3.
(7) 2AN3 Substance abuse counselor 3.
(8) 2AN4 Substance abuse counselor 4.
(9) 2AN5 Substance abuse counselor 5.
(10) 2AH2 Social services specialist 2.
(11) 2AH3 Social services specialist 3.
(12) 2AH4 Social services specialist 4.
(13) 2AI1 Psychiatric services director 1.
(14) 2AE2 Psychiatric social services specialist 2.
(15) 2AE3 Psychiatric social services specialist 3.
SOURCE: IC 25-24-3-11; (07)HE1084.1.178. -->
SECTION 178. IC 25-24-3-11, AS ADDED BY P.L.157-2006,
SECTION 65, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 11. (a) The formulary established under
section 10 of this chapter shall include legend drugs that:
(1) may be independently prescribed by an optometrist; or
(2) must be dependently prescribed by an optometrist.
(b) If a legend drug is designated in the formulary as one (1) that
must be dependently prescribed, the formulary must designate:
(1) those legend drugs for which the optometrist must only notify
only the patient's physician that the optometrist is prescribing the
legend drug; and
(2) those legend drugs for which the optometrist must consult
with the patient's physician before prescribing the legend drug.
(c) If the patient has no physician, the optometrist must document
such in the patient's file.
(d) If the legend drug is designated in the formulary as a legend drug
that must be dependently prescribed, the optometrist shall indicate on
the prescription that:
(1) the patient's physician has been contacted; or
(2) the patient has indicated to the optometrist that the patient has
no physician.
(e) If the legend drug is designated in the formulary as a legend drug
that may be independently prescribed, the optometrist may prescribe
the legend drug without notifying the patient's physician.
SOURCE: IC 25-26-13-10; (07)HE1084.1.179. -->
SECTION 179. IC 25-26-13-10, AS AMENDED BY P.L.98-2006,
SECTION 4, AND AS AMENDED BY P.L.1-2006, SECTION 462, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 10. (a) An applicant for
registration as a pharmacist intern
or pharmacist extern must furnish
proof satisfactory to the board that the applicant:
is a high school
graduate or its equivalent, has obtained a general educational
development (GED) diploma, or is enrolled in a pre-pharmacy or
pharmacy curriculum at an accredited school of pharmacy. The board
may require the applicant to successfully complete an examination
prior to registering the applicant as a pharmacist intern or pharmacist
extern.
(1) is actively enrolled in a school of pharmacy accredited by the
American Council of Pharmaceutical Education;
(2) has obtained the Foreign Pharmacy Graduate Examination
Committee Certificate; or
(3) is a qualified applicant awaiting the examination for licensure
as a pharmacist.
(b) A registration
issued under
subsection (a) of this section is valid
for one (1) year and may be renewed by the board for an additional year
until the expiration date established by the Indiana professional
licensing agency under IC 25-1-5-4.
(c) An application for registration or renewal must be accompanied
by the appropriate fee and one (1) of the following:
(1) Proof of having obtained the Foreign Pharmacy Graduate
Examination Committee Certificate.
(2) Proof of active enrollment in a school of pharmacy accredited
by the American Council of Pharmaceutical Education.
SOURCE: IC 25-34.1-6-3; (07)HE1084.1.180. -->
SECTION 180. IC 25-34.1-6-3, AS ADDED BY P.L.87-2006,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. A licensee who is convicted of a crime that
substantially relates to the practice of real estate may be disciplined
under IC 25-1-11. A certified copy of a judgment of a conviction from
a court is presumptive evidence of a conviction for purposes of this
section.
SOURCE: IC 25-35.6-1-7; (07)HE1084.1.181. -->
SECTION 181. IC 25-35.6-1-7, AS AMENDED BY P.L.157-2006,
SECTION 75, AND AS AMENDED BY P.L.1-2006, SECTION 480,
IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON
PASSAGE]: Sec. 7. (a) The
division of professional standards
board
established within the department of education by IC 20-28-2-1.5
(referred to as "the division of professional standards" in this
section) may issue the following:
(1) An initial license as a speech-language pathologist only to an
individual who is licensed as a speech-language pathologist under
this article.
(2) A renewal license as a speech-language pathologist to an
individual who was licensed by the professional standards board
before July 1, 2005, and who is not licensed as a speech-language
pathologist under this article.
(b) The
division of professional standards
board shall issue a
license as a speech-language pathologist to an individual who:
(1) is licensed as a speech-language pathologist under this article;
and
(2) requests licensure.
(c) A speech-language pathologist licensed by the
division of
professional standards
board shall register with the Indiana
professional licensing agency all speech-language pathology support
personnel that the speech-language pathologist supervises.
(d) The
division of professional standards
board may not impose
different or additional supervision requirements upon speech-language
pathology support personnel than the supervision requirements that are
imposed under this article.
(e) The
division of professional standards
board may not impose
continuing education requirements upon an individual who receives a
license under this section that are different from or in addition to the
continuing education requirements imposed under this article.
(f) An individual: who:
(1) if: who:
(A) if the individual is a speech-language pathologist, receives
a license under this section or received a license as a
speech-language pathologist issued by the professional
standards board before July 1, 2005; or
(B) if the individual is an audiologist, works in an educational
setting;
(2) who has been the holder of a certificate of clinical competence
in speech-language pathology or audiology or its equivalent
issued by a nationally recognized association for speech-language
pathology and audiology for at least three (3) consecutive years;
and
(3) who has professional experience as a licensed
speech-language pathologist or audiologist in a school setting that
is equivalent to the experience required for a teacher seeking
national certification by the National Board of Professional
Teaching Standards;
is considered to have the equivalent of and is entitled to the same
benefits that accrue to a holder of a national certification issued by the
National Board for Professional Teaching Standards.
SOURCE: IC 26-1-9.1-521; (07)HE1084.1.182. -->
SECTION 182. IC 26-1-9.1-521 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 521. (a) A filing
office that accepts written records may not refuse to accept a written
initial financing statement in the form specified in IC 26-1-1.5 and
format except for a reason set forth in IC 26-1-9.1-516(b).
(b) A filing office that accepts written records may not refuse to
accept a written record in the form specified in IC 26-1-1.5 and format
except for a reason described in IC 26-9.1-516(b). IC 26-1-9.1-516(b).
SOURCE: IC 26-1-9.1-706; (07)HE1084.1.183. -->
SECTION 183. IC 26-1-9.1-706 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 706. (a) The filing
of an initial financing statement in the office specified in
IC 26-1-9.1-501 continues the effectiveness of a financing statement
filed before IC 26-1-9.1 takes effect if:
(1) the filing of an initial financing statement in that office would
be effective to perfect a security interest under IC 26-1-9.1;
(2) the pre-effective-date financing statement was filed in an
office in another state or another office in this state; and
(3) the initial financing statement satisfies subsection (c).
(b) The filing of an initial financing statement under subsection (a)
continues the effectiveness of the pre-effective date financing statement
if the initial financing statement is filed:
(1) before IC 26-1-9.1 takes effect, for the period provided in
IC 26-1-9-403 (before its repeal) for a financing statement; and
(2) after IC 26-1-9.1 takes effect, for the period provided in
IC 26-9.1-9-515 IC 26-1-9.1-515 for an initial financing
statement.
(c) To be effective for purposes of subsection (a), an initial
financing statement must:
(1) satisfy the requirements of IC 26-1-9.1-501 through
IC 26-1-9.1-526 for an initial financing statement;
(2) identify the pre-effective-date financing statement by
indicating the office in which the financing statement was filed
and providing the dates of filing and file numbers, if any, of the
financing statement and of the most recent continuation statement
filed with respect to the financing statement; and
(3) indicate that the pre-effective-date financing statement
remains effective.
SOURCE: IC 27-1-39-9; (07)HE1084.1.184. -->
SECTION 184. IC 27-1-39-9, AS ADDED BY P.L.38-2006,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 9. A trust created under section 7 of this
chapter is subject to regulation by the department as follows:
(1) The trust must be registered with the department.
(2) The trust shall:
(A) retain a total risk for the self-insurance fund of not more
than one hundred twenty-five percent (125%) of the amount of
expected claims for the following year; and
(B) obtain stop-loss insurance issued by an insurer authorized
to do business in Indiana to cover losses in excess of the
amount retained under clause (A).
(3) Contributions by the members must be set to fund one
hundred percent (100%) of the total risk retained under
subdivision (2)(A) plus all other costs of the trust.
(4) The trust shall maintain a fidelity bond in an amount approved
by the department, covering each person responsible for the trust,
to protect against acts of fraud or dishonesty in servicing the trust.
(5) The trust is subject to IC 27-4-1-4.5 regarding claims
settlement practices.
(6) The trust shall, before March 1 of each year, file an annual
financial statement in the form required by IC 27-1-3-13.
(7) The trust is not a member of the Indiana insurance guaranty
association under IC 27-6-8. The liability of each member is joint
and several.
(8) The trust is subject to examination by the department. The
trust shall pay all costs associated with an examination.
(9) The department may deny, suspend, or revoke the registration
of the trust if the commissioner finds that the trust:
(A) is in a hazardous financial condition;
(B) refuses to be examined or produce records for
examination; or
(C) has failed to pay a final judgment rendered against the
trust by a court within thirty (30) days.
SOURCE: IC 27-7-3.6-6; (07)HE1084.1.185. -->
SECTION 185. IC 27-7-3.6-6, AS ADDED BY P.L.171-2006,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 6. The following shall be deposited in the title
insurance enforcement fund:
(1) Policy reporting fees remitted by title insurers to the
commissioner under section 7 of this chapter.
(2) All fines, monetary penalties, and costs imposed upon persons
by the department as authorized by law for violation of
IC 27-7-3.5.
(3) (2) Other amounts remitted to the commissioner or the
department that are required by law to be deposited into the title
insurance enforcement fund.
SOURCE: IC 27-8-10-2.1; (07)HE1084.1.186. -->
SECTION 186. IC 27-8-10-2.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2.1. (a) There is
established a 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 nine (9)
members whose principal residence is in Indiana selected as follows:
(1) 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) Subject to section 2.6 of this chapter, 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.
(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.
(15) Subject to section 3 of this chapter, negotiate reimbursement
rates and enter into contracts with individual health care providers
and health care provider groups.
(f) 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 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 substantially identical
to those issued by the association. Additionally, subject to the
limitations set forth in subdivisions (1) and (2), the association may, on
October 1 of each year, adjust the rates as described in section 2.2 of
this chapter. All rates adopted by the association must be submitted to
the commissioner for approval.
(g) 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. Twenty-five
percent (25%) of any net loss shall be assessed by the association to all
members in proportion to their respective shares of total health
insurance premiums as reported to the department of insurance,
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. Seventy-five percent (75%) of any net loss shall be paid by
the state. 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. 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) 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) 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) 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) 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 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.
(m) Members who, during any calendar year, have paid one (1) or
more assessments levied under this chapter 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.
(n) The association shall provide for the option of monthly
collection of premiums.
(o) The association shall periodically certify to the budget agency
the amount necessary to pay seventy-five percent (75%) of any net loss
as specified in subsection (g).
SOURCE: IC 27-17-2-2; (07)HE1084.1.187. -->
SECTION 187. IC 27-17-2-2, AS ADDED BY P.L.73-2006,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. (a) An application for registration to
operate as a discount medical card program organization must be filed
with the department on a form prescribed by the department.
(b) An application filed under subsection (a) must be:
(1) sworn to by an officer or authorized representative of the
applicant; and
(2) accompanied by the following:
(A) A copy of the applicant's organizational documents, such
as articles of incorporation, including all amendments.
(B) A copy of the applicant's bylaws or other enabling
documents that establish the organizational structure and
governance of the applicant.
(C) A list of the names, addresses, official positions, and
biographical information of each individual responsible for
conducting the applicant's affairs, including each:
(i) member of the board of directors, board of trustees,
executive committee, or other governing board or
committee; and
(ii) officer.
(D) A statement generally describing the applicant, the
applicant's facilities and personnel, and the medical services
for which discounts will be available.
(E) A complete list of all program providers in Indiana
available to Indiana cardholders.
(F) A copy of the form of any contract or arrangement between
the applicant and a person listed in clause (C).
(G) A copy of the form of any contract between the applicant
and a person for the performance on the applicant's behalf of
any function, including marketing, administration, enrollment,
investment management, and contracting for the provision of
medical services to cardholders.
(H) A description of the proposed method of marketing.
(I) A toll free telephone number for that program providers
and cardholders to contact the applicant can use at least forty
(40) hours per week during normal business hours to contact
the applicant.
(J) A copy of the applicant's cancellation and refund policy.
(K) A description of program provider and cardholder
complaint procedures.
(L) The name and address of the applicant's agent for service
of process, notice or demand, or an executed power of attorney
appointing the commissioner as the attorney of the applicant
in Indiana for service of process for a cause of action arising
in Indiana.
(M) Other information the commissioner reasonably requires
to make the determinations required under this chapter.
SOURCE: IC 28-8-4-38; (07)HE1084.1.188. -->
SECTION 188. IC 28-8-4-38, AS AMENDED BY P.L.10-2006,
SECTION 58 AND P.L.57-2006, SECTION 58, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 38. (a)
A licensee may renew a license by complying with the following:
(1) Filing with the director the annual report in the form that is
prescribed by the director and sent by the director to each licensee
not less than three (3) months immediately preceding the date
established by the director for license renewal. The report must
include:
(A)
include: either:
(i) a copy of the licensee's most recent audited consolidated
annual financial statement, including a balance sheet, a
statement of income or loss, a statement of changes in
shareholder's equity, and a statement of changes in financial
position; or
(ii) if the licensee is a wholly owned subsidiary, the
consolidated audited annual financial statement of the parent
corporation filed with the licensee's unaudited annual
financial statement;
(B) the number of payment instruments sold by the licensee in
Indiana, the dollar amount of those instruments, and the dollar
amount of outstanding payment instruments sold by the
licensee calculated from the most recent quarter for which data
is available before the date of the filing of the renewal
application, but in no event more than one hundred twenty
(120) days before the renewal date;
(C) material changes to the information submitted by the
licensee on its original application that have not been reported
previously to the director on any other report required to be
filed under this chapter;
(D) a list of the licensee's permissible investments; and
(E) a list of the locations within Indiana at which business
regulated by this chapter will be conducted by either the
licensee or its authorized delegate, including information
concerning any business, other than the business of money
transmission under this chapter, that will be conducted at each
identified location, as required under section 24(10) of this
chapter.
(2) Paying the annual renewal fee described under section 37 of
this chapter.
(b) A licensee that:
(1) does not file a renewal report or pay the renewal fee by the
renewal filing deadline set by the director; and
(2) has not been granted an extension of time to do so by the
director;
shall be notified by the director, in writing, that a hearing will be
scheduled at which the licensee will be required to show cause why its
license should not be suspended pending compliance with these
requirements. If after the hearing the license is not suspended, the
director may require a daily late fee beginning with the date the
renewal report or annual renewal fee is required by this chapter in an
amount fixed by the department under IC 28-11-3-5.
SECTION 189. IC 31-9-2-17.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 17.5. "Child placing agency",
for purposes of IC 31-27, means a person that provides child
welfare services to children and families, including:
(1) home studies, investigation, and recommendation of
families for the purpose of placing, arranging, or causing the
placement of children for adoption, foster care, or residential
care; and
(2) supervision of those placements.
SECTION 190. IC 31-9-2-129.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 129.5. "Therapeutic foster
family home", for purposes of IC 31-27, means a foster family
home:
(1) that provides care to a child who is seriously emotionally
disturbed or developmentally disabled;
(2) in which the child receives treatment in a family home
through an integrated array of services supervised and
supported by qualified program staff from:
(A) the office of the secretary of family and social services;
(B) a managed care provider that contracts with the
division of mental health and addiction; or
(C) a licensed child placing agency; and
(3) that meets the additional requirements of IC 31-27-4-2.
SOURCE: IC 31-14-11-15; (07)HE1084.1.191. -->
SECTION 191. IC 31-14-11-15, AS AMENDED BY P.L.148-2006,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 15. (a) A party affected by a support order
shall inform the clerk and the state central collection unit established
by IC 31-33-1.5-8 of any change of address not more than fifteen (15)
days after the party's address is changed.
(b) At the time of the issuance or modification of a support order,
the parties affected by the order shall inform the clerk and the state
central collection unit established by IC 31-33-1.5-8 of:
(1) whether any of the parties is receiving or has received
assistance under the:
(A) federal Aid to Families with Dependent Children program
(42 U.S.C. 601 et seq.); or
(B) federal Temporary Assistance to Needy Families (TANF)
program (45 CFR 265); (45 CFR 260 et seq.); and
(2) the Social Security number of any child affected by the order.
The Social Security number required under subdivision (2) shall be
kept confidential and used only to carry out the purposes of the Title
IV-D program.
SOURCE: IC 31-16-9-3; (07)HE1084.1.192. -->
SECTION 192. IC 31-16-9-3, AS AMENDED BY P.L.148-2006,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. (a) A party affected by a support order shall
inform the clerk and the state central collection unit established by
IC 31-33-1.5-8 of any change of address not more than fifteen (15)
days after the party's address is changed.
(b) At the time of the issuance or modification of a support order,
the parties affected by the order shall inform the clerk of the court and
the state central collection unit established by IC 31-33-1.5-8 of:
(1) whether any of the parties is receiving or has received
assistance under the:
(A) federal Aid to Families with Dependent Children program
(42 U.S.C. 601 et seq.); or
(B) federal Temporary Assistance to Needy Families (TANF)
program (45 CFR 265); (45 CFR 260 et seq.); and
(2) the Social Security number of any child affected by the order.
The Social Security number required under subdivision (2) shall be
kept confidential and used only to carry out the purposes of the Title
IV-D program.
SOURCE: IC 31-16-10-2; (07)HE1084.1.193. -->
SECTION 193. IC 31-16-10-2, AS AMENDED BY P.L.148-2006,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. (a) If the clerk of the court or the state
central collection unit is notified by the Title IV-D agency or the
agency's designee that:
(1) the child who is the beneficiary of a support order is receiving
assistance under the:
(A) federal Aid to Families with Dependent Children program
(42 U.S.C. 601 et seq.); or
(B) federal Temporary Assistance to Needy Families (TANF)
program (45 CFR 265); (45 CFR 260 et seq.); and
(2) an assignment of support rights in favor of the state is in effect
against the person obligated to make child support payments;
the clerk of the court or the state central collection unit shall forward
the child support payments directly to the Title IV-D agency without
further order of the court.
(b) The Title IV-D agency shall disburse the payments in
accordance with federal regulations governing the Title IV-D program.
SOURCE: IC 31-17-2.2-3; (07)HE1084.1.194. -->
SECTION 194. IC 31-17-2.2-3, AS ADDED BY P.L.50-2006,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. (a) Except as provided in section 4 of this
chapter, an individual required to file a notice under IC 31-14-13-10 or
section 1 of this chapter must:
(1) send the notice to the each nonrelocating individuals:
individual:
(A) by registered or certified mail; and
(B) not later than ninety (90) days before the date that the
relocating individual intends to move; and
(2) provide the following information in the notice:
(A) The intended new residence, including the:
(i) address; and
(ii) mailing address of the relocating individual, if the
mailing address is different than the address under item (i).
(B) The home telephone number of the new residence.
(C) Any other applicable telephone number for the relocating
individual.
(D) The date that the relocating individual intends to move.
(E) A brief statement of the specific reasons for the proposed
relocation of the child.
(F) A proposal for a revised schedule of parenting time or
grandparent visitation with the child.
(G) A statement that a parent must file an objection to the
relocation of the child with the court not later than sixty (60)
days after receipt of the notice.
(H) A statement that a nonrelocating individual may file a
petition to modify a custody order, parenting time order,
grandparent visitation order, or child support order.
(b) Except as provided in section 4 of this chapter, if the relocating
individual is unable to provide the information required under
subsection (a)(2) not later than ninety (90) days before the relocating
individual intends to move, the relocating individual shall provide the
information in the manner required under subsection (a) not later than
ten (10) days after the date that the relocating individual obtains the
information required to be provided under subsection (a)(2). However,
the relocating individual must provide all the information required
under subsection (a)(2) not later than thirty (30) days before the
relocating individual intends to move to the new residence.
SOURCE: IC 31-19-2.5-3; (07)HE1084.1.195. -->
SECTION 195. IC 31-19-2.5-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. (a) Except as
provided in section 4 of this chapter, notice must be given to a:
(1) person whose consent to adoption is required under
IC 31-19-9-1; and
(2) putative father who is entitled to notice under IC 31-19-4.
(b) If the parent-child relationship has been terminated under
IC 31-35 (or IC 31-6-5 before its repeal), notice of the pendency of the
adoption proceedings shall be given to the:
(1) licensed child placing agency; or
(2) county office of family and children;
that is of which the child is a ward. of the child.
SOURCE: IC 31-19-11-1; (07)HE1084.1.196. -->
SECTION 196. IC 31-19-11-1, AS AMENDED BY P.L.140-2006,
SECTION 17 AND P.L.173-2006, SECTION 17, AND AS
AMENDED BY P.L.145-2006, SECTION 253, IS CORRECTED AND
AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON
PASSAGE]: Sec. 1. (a) Whenever the court has heard the evidence and
finds that:
(1) the adoption requested is in the best interest of the child;
(2) the petitioner or petitioners for adoption are of sufficient
ability to rear the child and furnish suitable support and
education;
(3) the report of the investigation and recommendation under
IC 31-19-8-5 has been filed;
(4) the attorney or agency arranging an adoption has filed with the
court an affidavit prepared by the state department of health under
IC 31-19-5-16 indicating whether a man is entitled to notice of the
adoption because the man has registered with the putative father
registry in accordance with IC 31-19-5;
(5) proper notice arising under subdivision (4), if notice is
necessary, of the adoption has been given;
(6) the attorney or agency has filed with the court an affidavit
prepared by the state department of health under:
(A) IC 31-19-6 indicating whether a record of a paternity
determination; or
(B) IC 16-37-2-2(g) indicating whether a paternity affidavit
executed under IC 16-37-2-2.1;
has been filed in relation to the child;
(7) proper consent, if consent is necessary, to the adoption has
been given;
(8) the petitioner for adoption is not prohibited from adopting the
child as the result of an inappropriate criminal history described
in subsection (c) or (d); and
(9) the person, licensed child placing agency, or county office of
family and children that has placed the child for adoption has
provided the documents and other information required under
IC 31-19-17 to the prospective adoptive parents;
the court shall grant the petition for adoption and enter an adoption
decree.
(b) A court may not grant an adoption unless the department's state
department of health's affidavit under IC 31-19-5-16 is filed with the
court as provided under subsection (a)(4).
(c) A conviction of a felony or a misdemeanor related to the health
and safety of a child by a petitioner for adoption is a permissible basis
for the court to deny the petition for adoption. In addition, the court
may not grant an adoption if a petitioner for adoption has been
convicted of any of the felonies described as follows:
(1) Murder (IC 35-42-1-1).
(2) Causing suicide (IC 35-42-1-2).
(3) Assisting suicide (IC 35-42-1-2.5).
(4) Voluntary manslaughter (IC 35-42-1-3).
(5) Reckless homicide (IC 35-42-1-5).
(6) Battery as a felony (IC 35-42-2-1).
(7) Aggravated battery (IC 35-42-2-1.5).
(8) Kidnapping (IC 35-42-3-2).
(9) Criminal confinement (IC 35-42-3-3).
(10) A felony sex offense under IC 35-42-4.
(11) Carjacking (IC 35-42-5-2).
(12) Arson (IC 35-43-1-1).
(13) Incest (IC 35-46-1-3).
(14) Neglect of a dependent (IC 35-46-1-4(a)(1) and
IC 35-46-1-4(a)(2)).
(15) Child selling (IC 35-46-1-4(d)).
(16) A felony involving a weapon under IC 35-47 or IC 35-47.5.
(17) A felony relating to controlled substances under IC 35-48-4.
(18) An offense relating to material or a performance that is
harmful to minors or obscene under IC 35-49-3.
(19) A felony that is substantially equivalent to a felony listed in
subdivisions (1) through (18) for which the conviction was
entered in another state.
However, the court is not prohibited from granting an adoption based
upon a felony conviction under subdivision (6), (11), (12), (16), or
(17), or its equivalent under subdivision (19), if the offense was not
committed within the immediately preceding five (5) year period.
(d) A court may not grant an adoption if the petitioner is an a sex
offender (as defined in IC 5-2-12-4). IC 11-8-8-5).
SOURCE: IC 31-25-3-1; (07)HE1084.1.197. -->
SECTION 197. IC 31-25-3-1, AS AMENDED BY P.L.146-2006,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1. (a) The child support bureau is established
within the department. The bureau is charged with the administration
of Title IV-D of the federal Social Security Act.
(b) The state's plan for the administration of Title IV-D must comply
with all provisions of state law and with the federal statutes and
regulations governing the program.
(c) The state central collection unit is established within the child
support bureau. The unit shall collect all noncash child support
payments and process child support paid through income withholding.
SOURCE: IC 31-25-4-23; (07)HE1084.1.198. -->
SECTION 198. IC 31-25-4-23, AS AMENDED BY P.L.146-2006,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 23. (a) Subject to subsection (d), the Title
IV-D agency shall provide incentive payments to counties for enforcing
and collecting the support rights that have been assigned to the state.
The incentive payments shall be made by the Title IV-D agency
directly to the county and deposited in the county treasury for
distribution on a quarterly basis and in the following manner:
(1) Twenty-two and two-tenths percent (22.2%) of the incentive
payments shall be distributed to the county general fund.
(2) Thirty-three and four-tenths percent (33.4%) of the incentive
payments shall be distributed to the operating budget of the
prosecuting attorney.
(3) Twenty-two and two-tenths percent (22.2%) of the incentive
payments shall be distributed to the operating budget of the circuit
court clerk.
(b) Notwithstanding IC 36-2-5-2(b), distribution from the county
treasury under subsection (a) shall be made without the necessity of
first obtaining an appropriation from the county fiscal body.
(c) The amount that a county receives and the terms under which the
incentive payment is paid must be in accordance with relevant federal
statutes and the federal regulations promulgated under the statutes.
However, amounts received as incentive payments may not, without the
approval of the county fiscal body, be used to increase or supplement
the salary of an elected official. The amounts received as incentive
payments must be used to supplement, rather than take the place of,
other funds used for Title IV-D program activities.
(d) The Title IV-D agency shall retain twenty-two and two-tenths
percent (22.2%) of the incentive payments described in subsection (a).
SOURCE: IC 31-25-4-24; (07)HE1084.1.199. -->
SECTION 199. IC 31-25-4-24, AS AMENDED BY P.L.146-2006,
SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Sec. 24. (a) Each circuit court clerk shall do the
following:
(1) Before January 1, 2007, receive support money assigned to the
state and paid under the terms of a court order in the clerk's
jurisdiction and pay the money to the Title IV-D agency within
the time limits established by P.L.93-647, as amended, and any
related regulations that are promulgated.
(2) Maintain all records concerning the payment or nonpayment
of support money that have been assigned to the state and transmit
the records to the Title IV-D agency upon request.
(3) Contract with the Title IV-D agency for the performance and
the remuneration for the performance of duties prescribed in this
section.
(b) Beginning January 1, 2007, for purposes of subsection (a)(1),
each circuit court clerk may accept only support money that is paid in
cash.
SOURCE: IC 31-25-4-25; (07)HE1084.1.200. -->
SECTION 200. IC 31-25-4-25, AS AMENDED BY P.L.146-2006,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 25. The amounts appropriated for duties
performed by prosecuting attorneys, circuit court clerks, or other agents
under this chapter shall be distributed directly from the department of
child services.
SOURCE: IC 31-27-2-1; (07)HE1084.1.201. -->
SECTION 201. IC 31-27-2-1, AS AMENDED BY P.L.146-2006,
SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1. The department shall perform the following
duties:
(1) Administer the licensing and monitoring of child caring
institutions, foster family homes, group homes, and child placing
agencies in accordance with this article.
(2) Ensure that a criminal history background check of an
applicant is completed before issuing a license.
(3) Provide for the issuance, denial, and revocation of licenses.
(4) Cooperate with governing bodies of child caring institutions,
foster family homes, group homes, and child placing agencies and
their staffs to improve standards of child care.
(5) Prepare at least biannually a directory of licensees, except for
foster family homes, with a description of the program capacity
and type of children served that will be distributed to the
legislature, licensees, and other interested parties as a public
document.
(6) Deposit all license application fees collected under section 2
of this chapter in the department of child services child care fund
established by IC 31-25-1-16. IC 31-25-2-16.
SOURCE: IC 31-27-3-33; (07)HE1084.1.202. -->
SECTION 202. IC 31-27-3-33, AS ADDED BY P.L.145-2006,
SECTION 273, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 33. (a) The department shall
investigate a report of an unlicensed child caring institution and report
the department's findings to the attorney general and to the county
office and the prosecuting attorney in the county where the institution
is located.
(b) The attorney general or the department may do the following:
(1) Seek the issuance of a search warrant to assist in the
investigation.
(2) File an action for injunctive relief to stop the operation of a
child caring institution if there is reasonable cause to believe that
the child caring institution is operating without a license required
under this article.
(3) Seek in a civil action a civil penalty not to exceed one hundred
dollars ($100) a day for each day a child caring institution is
operating without a license required under this article.
(c) An opportunity for an informal meeting with the department
shall be available after the injunctive relief is ordered.
(d) The civil penalties collected under this section shall be deposited
in the department of child services child care fund established by
IC 31-25-1-16. IC 31-25-2-16.
SOURCE: IC 31-27-4-34; (07)HE1084.1.203. -->
SECTION 203. IC 31-27-4-34, AS ADDED BY P.L.145-2006,
SECTION 273, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 34. (a) The department shall
investigate a report of an unlicensed foster family home and report the
department's findings to the attorney general and to the county office
and the prosecuting attorney in the county where the foster family
home is located.
(b) The attorney general or the department may do the following:
(1) Seek the issuance of a search warrant to assist in the
investigation.
(2) File an action for injunctive relief.
(3) Seek in a civil action a civil penalty not to exceed one hundred
dollars ($100) a day for each day a foster family home is
operating without a license required under this article.
(c) The civil penalties collected under this section shall be deposited
in the department of child services child care fund established by
IC 31-25-1-16. IC 31-25-2-16.
SOURCE: IC 31-27-5-33; (07)HE1084.1.204. -->
SECTION 204. IC 31-27-5-33, AS ADDED BY P.L.145-2006,
SECTION 273, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 33. (a) The department shall
investigate a report of an unlicensed group home and report the
department's findings to the attorney general and to the county office
and the prosecuting attorney in the county where the group home is
located.
(b) The attorney general or the department may do the following:
(1) Seek the issuance of a search warrant to assist in the
investigation.
(2) File an action for injunctive relief to stop the operation of a
group home if there is reasonable cause to believe that the group
home is operating without a license required under this article.
(3) Seek in a civil action a civil penalty not to exceed one hundred
dollars ($100) a day for each day a group home is operating
without a license required under this article.
(c) An opportunity for an informal meeting with the department
shall be available after injunctive relief is ordered under subsection
(b)(2).
(d) The civil penalties collected under this section shall be deposited
in the department of child services child care fund established by
IC 31-25-1-16. IC 31-25-2-16.
SOURCE: IC 31-27-6-30; (07)HE1084.1.205. -->
SECTION 205. IC 31-27-6-30, AS ADDED BY P.L.145-2006,
SECTION 273, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 30. (a) The department shall
investigate a report of an unlicensed child placing agency and report
the department's findings to the attorney general and to the county
office and the prosecuting attorney in the county where the child
placing agency is located.
(b) The attorney general or the department may do the following:
(1) Seek the issuance of a search warrant to assist in the
investigation.
(2) File an action for injunctive relief to stop the operation of a
child placing agency if there is reasonable cause to believe that
the child placing agency is operating without a license required
under this article.
(3) Seek in a civil action a civil penalty not to exceed one hundred
dollars ($100) a day for each day a child placing agency is
operating without a license required under this article.
(c) An opportunity for an informal meeting with the department
shall be available after injunctive relief is ordered under subsection
(b)(2).
(d) The civil penalties collected under this section shall be deposited
in the department of child services child care fund, established by
IC 31-25-1-16. IC 31-25-2-16.
SOURCE: IC 31-34-4-2; (07)HE1084.1.206. -->
SECTION 206. IC 31-34-4-2, AS AMENDED BY P.L.145-2006,
SECTION 290, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 2. (a) If a child alleged to be a
child in need of services is taken into custody under an order of the
court under this chapter, the court shall consider placing the child with
a suitable and willing blood or adoptive relative caretaker, including a
grandparent, an aunt, an uncle, or an adult sibling, before considering
any other out-of-home placement.
(b) Before placing a child in need of services with a blood relative
or an adoptive relative caretaker, the court may order the department
to:
(1) complete a home study of the relative's home; and
(2) provide the court with a placement recommendation.
(c) Except as provided in subsection (e), before placing a child in
need of services in an out-of-home placement, including placement
with a blood or an adoptive relative caretaker, the court shall order the
department to conduct a criminal history check of each person who is
currently residing in the location designated as the out-of-home
placement.
(d) Except as provided in subsection (f), a court may not order an
out-of-home placement if a person described in
subsection (c)(1) or
(c)(2) subsection (c) has:
(1) committed an act resulting in a substantiated report of child
abuse or neglect; or
(2) been convicted of a felony listed in IC 31-27-4-13 or had a
juvenile adjudication for an act that would be a felony listed in
IC 31-27-4-13 if committed by an adult.
(e) The court is not required to order the department to conduct a
criminal history check under subsection (c) if the court orders an
out-of-home placement to an entity or a facility that is not a residence
(as defined in IC 3-5-2-42.5) or that is licensed by the state.
(f) A court may order an out-of-home placement if:
(1) a person described in
subsection (c)(1) or (c)(2) subsection
(c) has:
(A) committed an act resulting in a substantiated report of
child abuse or neglect; or
(B) been convicted or had a juvenile adjudication for:
(i) reckless homicide (IC 35-42-1-5);
(ii) battery (IC 35-42-2-1) as a Class C or D felony;
(iii) criminal confinement (IC 35-42-3-3) as a Class C or D
felony;
(iv) arson (IC 35-43-1-1) as a Class C or D felony;
(v) a felony involving a weapon under IC 35-47 or
IC 35-47.5 as a Class C or D felony;
(vi) a felony relating to controlled substances under
IC 35-48-4 as a Class C or D felony; or
(vii) a felony that is substantially equivalent to a felony
listed in items (i) through (vi) for which the conviction was
entered in another state; and
(2) the court makes a written finding that the person's commission
of the offense, delinquent act, or act of abuse or neglect described
in subdivision (1) is not relevant to the person's present ability to
care for a child, and that the placement is in the best interest of
the child.
However, a court may not order an out-of-home placement if the person
has been convicted of a felony listed in IC 31-27-4-13 that is not
specifically excluded under subdivision (1)(B), or has a juvenile
adjudication for an act that would be a felony listed in IC 31-27-4-13
if committed by an adult that is not specifically excluded under
subdivision (1)(B).
(g) In making its written finding under subsection (f), the court shall
consider the following:
(1) The length of time since the person committed the offense,
delinquent act, or abuse or neglect.
(2) The severity of the offense, delinquent act, or abuse or neglect.
(3) Evidence of the person's rehabilitation, including the person's
cooperation with a treatment plan, if applicable.
SOURCE: IC 31-34-20-1.5; (07)HE1084.1.207. -->
SECTION 207. IC 31-34-20-1.5, AS AMENDED BY P.L.145-2006,
SECTION 312, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 1.5. (a) Except as provided in
subsection (d), the juvenile court may not enter a dispositional decree
placing a child in another home under section 1(3) of this chapter or
awarding wardship to a county office or the department that will place
the child with a person under section 1(4) of this chapter if a person
who is currently residing in the home in which the child would be
placed under section 1(3) or 1(4) of this chapter has committed an act
resulting in a substantiated report of child abuse or neglect, has a
juvenile adjudication for an act that would be a felony listed in
IC 31-27-4-13 if committed by an adult, or has a conviction for a felony
listed in IC 31-27-4-13.
(b) The juvenile court shall order the probation officer or
caseworker who prepared the predispositional report to conduct a
criminal history check (as defined in IC 31-9-2-22.5) to determine if a
person described in subsection (a)(1) or (a)(2) subsection (a) has
committed an act resulting in a substantiated report of child abuse or
neglect, has a juvenile adjudication for an act that would be a felony
listed in IC 31-27-4-13 if committed by an adult, or has a conviction for
a felony listed in IC 31-27-4-13. However, the juvenile court is not
required to order a criminal history check under this section if criminal
history information under IC 31-34-4-2 or IC 31-34-18-6.1 establishes
whether a person described in subsection (a)(1) or (a)(2) subsection (a)
has committed an act resulting in a substantiated report of child abuse
or neglect, has a juvenile adjudication for an act that would be a felony
listed in IC 31-27-4-13 if committed by an adult, or has a conviction for
a felony listed in IC 31-27-4-13.
(c) A probation officer or caseworker is not required to conduct a
criminal history check under this section if:
(1) the probation officer or caseworker is considering only an
out-of-home placement to an entity or a facility that:
(A) is not a residence (as defined in IC 3-5-2-42.5); or
(B) is licensed by the state; or
(2) placement under this section is undetermined at the time the
predispositional report is prepared.
(d) A court may enter a dispositional decree placing a child in
another home or award wardship to a county office if:
(1) a person described in subsection (a)(1) or (a)(2) subsection
(a) has:
(A) committed an act resulting in a substantiated report of
child abuse or neglect; or
(B) been convicted or had a juvenile adjudication for:
(i) reckless homicide (IC 35-42-1-5);
(ii) battery (IC 35-42-2-1) as a Class C or D felony;
(iii) criminal confinement (IC 35-42-3-3) as a Class C or D
felony;
(iv) arson (IC 35-43-1-1) as a Class C or D felony;
(v) a felony involving a weapon under IC 35-47 or
IC 35-47.5 as a Class C or D felony;
(vi) a felony relating to controlled substances under
IC 35-48-4 as a Class C or D felony; or
(vii) a felony that is substantially equivalent to a felony
listed in items (i) through (vi) for which the conviction was
entered in another state; and
(2) the court makes a written finding that the person's commission
of the offense, delinquent act, or act of abuse or neglect described
in subdivision (1) is not relevant to the person's present ability to
care for a child, and that the dispositional decree placing a child
in another home or awarding wardship to a county office is in the
best interest of the child.
However, a court may not enter a dispositional decree placing a child
in another home or award wardship to a county office or the department
if the person has been convicted of a felony listed in IC 31-27-4-13 that
is not specifically excluded under subdivision (1)(B), or has a juvenile
adjudication for an act that would be a felony listed in IC 31-27-4-13
if committed by an adult that is not specifically excluded under
subdivision (1)(B).
(e) In making its written finding under subsection (d), the court shall
consider the following:
(1) The length of time since the person committed the offense,
delinquent act, or act that resulted in the substantiated report of
abuse or neglect.
(2) The severity of the offense, delinquent act, or abuse or neglect.
(3) Evidence of the person's rehabilitation, including the person's
cooperation with a treatment plan, if applicable.
SOURCE: IC 31-37-19-5; (07)HE1084.1.208. -->
SECTION 208. IC 31-37-19-5, AS AMENDED BY P.L.140-2006,
SECTION 19 AND P.L.173-2006, SECTION 19, AND AS
AMENDED BY P.L.145-2006, SECTION 346, IS CORRECTED AND
AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON
PASSAGE]: Sec. 5. (a) This section applies if a child is a delinquent
child under IC 31-37-1.
(b) The juvenile court may, in addition to an order under section 6
of this chapter, enter at least one (1) of the following dispositional
decrees:
(1) Order supervision of the child by:
(A) the probation department;
or
(B) the county office;
of family and children; or
(C) the department.
As a condition of probation under this subdivision, the juvenile
court shall after a determination under
IC 5-2-12-4 IC 11-8-8-5
require a child who is adjudicated a delinquent child for an act
that would be an offense described in
IC 5-2-12-4 IC 11-8-8-5 if
committed by an adult to register with the
local law enforcement
authority sheriff (or the police chief of a consolidated city) under
IC 5-2-12. IC 11-8-8.
(2) Order the child to receive outpatient treatment:
(A) at a social service agency or a psychological, a psychiatric,
a medical, or an educational facility; or
(B) from an individual practitioner.
(3) Order the child to surrender the child's driver's license to the
court for a specified period of time.
(4) Order the child to pay restitution if the victim provides
reasonable evidence of the victim's loss, which the child may
challenge at the dispositional hearing.
(5) Partially or completely emancipate the child under section 27
of this chapter.
(6) Order the child to attend an alcohol and drug services program
established under IC 12-23-14.
(7) Order the child to perform community restitution or service
for a specified period of time.
(8) Order wardship of the child as provided in section 9 of this
chapter.
SOURCE: IC 31-37-19-6.5; (07)HE1084.1.209. -->
SECTION 209. IC 31-37-19-6.5, AS AMENDED BY P.L.145-2006,
SECTION 347, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 6.5. (a) Except as provided in
subsection (c), the juvenile court may not enter a dispositional decree
placing a child in another home under section 1(3) or 6(b)(2)(D) of this
chapter or awarding wardship to the county office or the department
that results in a placement with a person under section 1(4) or
6(b)(2)(E) of this chapter if a person who is currently residing in the
home in which the child would be placed under section 1(3), 1(4),
6(b)(2)(D), or 6(b)(2)(E) of this chapter has committed an act resulting
in a substantiated report of child abuse or neglect, has a juvenile
adjudication for an act that would be a felony listed in IC 31-27-4-13
if committed by an adult, or has a conviction for a felony listed in
IC 31-27-4-13.
(b) The juvenile court shall order the probation officer or
caseworker who prepared the predispositional report to conduct a
criminal history check (as defined in IC 31-9-2-22.5) to determine if a
person described in subsection (a)(1) or (a)(2) subsection (a) has
committed an act resulting in a substantiated report of child abuse or
neglect, has a juvenile adjudication for an act that would be a felony
listed in IC 31-27-4-13 if committed by an adult, or has a conviction for
a felony listed in IC 31-27-4-13. However, the juvenile court is not
required to order a criminal history check under this section if criminal
history information under IC 31-37-17-6.1 establishes whether a person
described in subsection (a)(1) or (a)(2) subsection (a) has committed
an act resulting in a substantiated report of child abuse or neglect, has
a juvenile adjudication for an act that would be a felony listed in
IC 31-27-4-13 if committed by an adult, or has a conviction for a felony
listed in IC 31-27-4-13.
(c) The juvenile court may enter a dispositional decree placing a
child in another home under section 1(3) or 6(b)(2)(D) of this chapter
or awarding wardship to the county office or the department that results
in a placement with a person under section 1(4) or 6(b)(2)(E) of this
chapter if:
(1) a person described in subsection (a)(1) or (a)(2) subsection
(a) has:
(A) committed an act resulting in a substantiated report of
child abuse or neglect; or
(B) been convicted or had a juvenile adjudication for:
(i) reckless homicide (IC 35-42-1-5);
(ii) battery (IC 35-42-2-1) as a Class C or D felony;
(iii) criminal confinement (IC 35-42-3-3) as a Class C or D
felony;
(iv) arson (IC 35-43-1-1) as a Class C or D felony;
(v) a felony involving a weapon under IC 35-47 or
IC 35-47.5 as a Class C or D felony;
(vi) a felony relating to controlled substances under
IC 35-48-4 as a Class C or D felony; or
(vii) a felony that is substantially equivalent to a felony
listed in items (i) through (vi) for which the conviction was
entered in another state; and
(2) the court makes a written finding that the person's commission
of the offense, delinquent act, or act of abuse or neglect described
in subdivision (1) is not relevant to the person's present ability to
care for a child, and that entry of a dispositional decree placing
the child in another home is in the best interest of the child.
However, a court may not enter a dispositional decree placing a child
in another home under section 1(3) or 6(b)(2)(D) of this chapter or
awarding wardship to the county office or the department if the person
has been convicted of a felony listed in IC 31-27-4-13 that is not
specifically excluded under subdivision (1)(B), or has a juvenile
adjudication for an act that would be a felony listed in IC 31-27-4-13
if committed by an adult that is not specifically excluded under
subdivision (1)(B).
(d) In making its written finding under subsection (c), the court shall
consider the following:
(1) The length of time since the person committed the offense,
delinquent act, or act that resulted in the substantiated report of
abuse or neglect.
(2) The severity of the offense, delinquent act, or abuse or neglect.
(3) Evidence of the person's rehabilitation, including the person's
cooperation with a treatment plan, if applicable.
SOURCE: IC 32-28-3-1; (07)HE1084.1.210. -->
SECTION 210. IC 32-28-3-1, AS AMENDED BY P.L.1-2006,
SECTION 501, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 1. (a) A contractor, a
subcontractor, a mechanic, a lessor leasing construction and other
equipment and tools, whether or not an operator is also provided by the
lessor, a journeyman, a laborer, or any other person performing labor
or furnishing materials or machinery, including the leasing of
equipment or tools, for:
(1) the erection, alteration, repair, or removal of:
(A) a house, mill, manufactory, or other building; or
(B) a bridge, reservoir, system of waterworks, or other
structure;
(2) the construction, alteration, repair, or removal of a walk or
sidewalk located on the land or bordering the land, a stile, a well,
a drain, a drainage ditch, a sewer, or a cistern; or
(3) any other earth moving operation;
may have a lien as set forth in this section.
(b) A person described in subsection (a) may have a lien separately
or jointly: upon the:
(1) upon the house, mill, manufactory, or other building, bridge,
reservoir, system of waterworks, or other structure, sidewalk,
walk, stile, well, drain, drainage ditch, sewer, cistern, or earth:
(A) that the person erected, altered, repaired, moved, or
removed; or
(B) for which the person furnished materials or machinery of
any description; and
(2) on the interest of the owner of the lot or parcel of land:
(A) on which the structure or improvement stands; or
(B) with which the structure or improvement is connected;
to the extent of the value of any labor done or the material furnished,
or both, including any use of the leased equipment and tools.
(c) All claims for wages of mechanics and laborers employed in or
about a shop, mill, wareroom, storeroom, manufactory or structure,
bridge, reservoir, system of waterworks or other structure, sidewalk,
walk, stile, well, drain, drainage ditch, cistern, or any other earth
moving operation shall be a lien on all the:
(1) machinery;
(2) tools;
(3) stock;
(4) material; or
(5) finished or unfinished work;
located in or about the shop, mill, wareroom, storeroom, manufactory
or other building, bridge, reservoir, system of waterworks, or other
structure, sidewalk, walk, stile, well, drain, drainage ditch, sewer,
cistern, or earth used in a business.
(d) If the person, firm, limited liability company, or corporation
described in subsection (a) or (c) is in failing circumstances, the claims
described in this section shall be preferred debts whether a claim or
notice of lien has been filed.
(e) Subject to subsection (f), a contract:
(1) for the construction, alteration, or repair of a Class 2 structure
(as defined in IC 22-12-1-5);
(2) for the construction, alteration, or repair of an improvement on
the same real estate auxiliary to a Class 2 structure (as defined in
IC 22-12-1-5);
(3) for the construction, alteration, or repair of property that is:
(A) owned, operated, managed, or controlled by a:
(i) public utility (as defined in IC 8-1-2-1);
(ii) municipally owned utility (as defined in IC 8-1-2-1);
(iii) joint agency (as defined in IC 8-1-2.2-2);
(iv) rural electric membership corporation formed under
IC 8-1-13-4;
(v) rural telephone cooperative corporation formed under
IC 8-1-17; or
(vi) not-for-profit utility (as defined in IC 8-1-2-125);
regulated under IC 8; and
(B) intended to be used and useful for the production,
transmission, delivery, or furnishing of heat, light, water,
telecommunications services, or power to the public; or
(4) to prepare property for Class 2 residential construction;
may include a provision or stipulation in the contract of the owner and
principal contractor that a lien may not attach to the real estate,
building, structure or any other improvement of the owner.
(f) A contract containing a provision or stipulation described in
subsection (e) must meet the requirements of this subsection to be valid
against subcontractors, mechanics, journeymen, laborers, or persons
performing labor upon or furnishing materials or machinery for the
property or improvement of the owner. The contract must:
(1) be in writing;
(2) contain specific reference by legal description of the real
estate to be improved;
(3) be acknowledged as provided in the case of deeds; and
(4) be filed and recorded in the recorder's office of the county in
which the real estate, building, structure, or other improvement is
situated not more than five (5) days after the date of execution of
the contract.
A contract containing a provision or stipulation described in subsection
(e) does not affect a lien for labor, material, or machinery supplied
before the filing of the contract with the recorder.
(g) Upon the filing of a contract under subsection (f), the recorder
shall:
(1) record the contract at length in the order of the time it was
received in books provided by the recorder for that purpose;
(2) index the contract in the name of the:
(A) contractor; and
(B) owner;
in books kept for that purpose; and
(3) collect a fee for recording the contract as is provided for the
recording of deeds and mortgages.
(h) A person, firm, partnership, limited liability company, or
corporation that sells or furnishes on credit any material, labor, or
machinery for the alteration or repair of an owner occupied single or
double family dwelling or the appurtenances or additions to the
dwelling to:
(1) a contractor, subcontractor, mechanic; or
(2) anyone other than the occupying owner or the owner's legal
representative;
must furnish to the occupying owner of the parcel of land where the
material, labor, or machinery is delivered a written notice of the
delivery or work and of the existence of lien rights not later than thirty
(30) days after the date of first delivery or labor performed. The
furnishing of the notice is a condition precedent to the right of
acquiring a lien upon the lot or parcel of land or the improvement on
the lot or parcel of land.
(i) A person, firm, partnership, limited liability company, or
corporation that sells or furnishes on credit material, labor, or
machinery for the original construction of a single or double family
dwelling for the intended occupancy of the owner upon whose real
estate the construction takes place to a contractor, subcontractor,
mechanic, or anyone other than the owner or the owner's legal
representatives must:
(1) furnish the owner of the real estate:
(A) as named in the latest entry in the transfer books described
in IC 6-1.1-5-4 of the county auditor; or
(B) if IC 6-1.1-5-9 applies, as named in the transfer books of
the township assessor;
with a written notice of the delivery or labor and the existence of
lien rights not later than sixty (60) days after the date of the first
delivery or labor performed; and
(2) file a copy of the written notice in the recorder's office of the
county not later than sixty (60) days after the date of the first
delivery or labor performed.
The furnishing and filing of the notice is a condition precedent to the
right of acquiring a lien upon the real estate or upon the improvement
constructed on the real estate.
(j) A lien for material or labor in original construction does not
attach to real estate purchased by an innocent purchaser for value
without notice of a single or double family dwelling for occupancy by
the purchaser unless notice of intention to hold the lien is recorded
under section 3 of this chapter before recording the deed by which the
purchaser takes title.
SOURCE: IC 32-28-3-14; (07)HE1084.1.211. -->
SECTION 211. IC 32-28-3-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 14. (a) Except as
provided in subsection (b), in an action to enforce a lien under this
chapter, the a plaintiff or lienholder may who recovers a judgment in
any sum is entitled to recover reasonable attorney's fees. The court
shall enter the attorney's fees as a part of the judgment.
(b) A plaintiff may not recover attorney's fees as part of the
judgment against a property owner in an action in which the contract
consideration for the labor, material, or machinery has been paid by the
property owner or party for whom the improvement has been
constructed.
SOURCE: IC 32-28-12.5-9; (07)HE1084.1.212. -->
SECTION 212. IC 32-28-12.5-9, AS ADDED BY P.L.78-2006,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 9. (a) Subject to subsection (b), in the case of
a lease of commercial real estate, including a sublease or an assignment
of a lease, the notice of a lien under this chapter must be recorded not
later than ninety (90) days after the tenant takes possession of the
leased premises. However, if:
(1) the transferor personally serves, on the principal broker
entitled to claim a lien, written notice of the intended execution
of the lease; and
(2) the notice described in subdivision (1) is served not later than
ten (10) days before the date of the intended execution of the
lease;
the principal broker's notice of lien must be recorded before the date
indicated in the notice described in subdivision (1) for the execution of
the lease. The lien attaches on the recording of the notice of lien and
does not relate back to the date of the written agreement, contract, or
written instrument under which the principal broker is entitled to fees
or commissions.
(b) As used in this subsection, "future fees or commissions" refers
to fees or commissions:
(1) other than those fees or commissions due to a principal broker
upon the execution of a lease under subsection (a); or
(2) due to the principal broker upon the exercise of an option to:
(A) expand the leased premises;
(B) renew or extend a lease; or
(C) purchase the commercial real estate;
under a written agreement, a contract, or another written instrument
signed by the owner or tenant of the commercial real estate. The
principal broker may record a memorandum of lien at any time after
execution of the lease or other written agreement, contract, or written
instrument that contains rights to future fees or commissions. The
principal broker shall record a notice of lien no later than ninety (90)
days after the occurrence of a condition for which future fees or
commissions are claimed, but may not file a notice of lien against an
owner's property if the tenant is the sole party liable for payment of the
future fees or commissions. Except as provided in section 11(a) or
13(b) of this chapter, an action to foreclose a lien to collect future fees
or commissions must be commenced not later than one (1) year after
the recording of the notice of the lien. A memorandum of lien recorded
under this chapter must meet the requirements of sections section
12(1)(A), 12(1)(B), 12(1)(C), 12(1)(E), 12(2), 12(3), and 12(4) of this
chapter. A memorandum of lien shall not constitute a lien against the
real estate but shall provide notice of the right to future fees or
commissions.
(c) If:
(1) commercial real estate is sold or otherwise conveyed before
the date on which future fees or commissions are due; and
(2) the principal broker has recorded a valid memorandum of lien
or notice of lien before the sale or other conveyance of the
commercial real estate;
the purchaser or transferee is considered to have notice of and takes
title to the commercial real estate subject to the right to future fees or
commissions and, if applicable, notice of lien. However, if a principal
broker claiming future fees or commissions fails to record a
memorandum of lien or notice of lien for the future fees or
commissions before the recording of a deed conveying legal title to the
commercial real estate to the purchaser or transferee, the principal
broker may not claim a lien on the commercial real estate. This
subsection does not limit or otherwise affect claims or defenses a
principal broker or owner or any other party may have in law or equity.
SOURCE: IC 33-26-8-1; (07)HE1084.1.213. -->
SECTION 213. IC 33-26-8-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. As used in this
chapter, "contractor" means a general reassessment, general
reassessment review, or special reassessment contractor of the
department of local government finance under IC 6-1.1-4-32
(repealed).
SOURCE: IC 33-26-8-3; (07)HE1084.1.214. -->
SECTION 214. IC 33-26-8-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. As used in this
chapter, "qualifying official" refers to any of the following:
(1) A county assessor of a qualifying county.
(2) A township assessor of a qualifying county.
(3) The county auditor of a qualifying county.
(4) The treasurer of a qualifying county.
(5) The county surveyor of a qualifying county.
(6) A member of the land valuation committee in a qualifying
county.
(7) Any other township or county official in a qualifying county
who has possession or control of information necessary or useful
for a general reassessment, general reassessment review, or
special reassessment of property to which IC 6-1.1-4-32
(repealed) applies, including information in the possession or
control of an employee or a contractor of the official.
(8) Any county official in a qualifying county who has control,
review, or other responsibilities related to paying claims of a
contractor submitted for payment under IC 6-1.1-4-32 (repealed).
SOURCE: IC 33-30-2-2; (07)HE1084.1.215. -->
SECTION 215. IC 33-30-2-2, AS AMENDED BY P.L.2-2005,
SECTION 89, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. Lake County does not have a county court.
However, the county division of the superior court of Lake County
shall maintain the dockets described in IC 33-30-5-1. IC 33-30-5-2.
SOURCE: IC 33-33-2-14; (07)HE1084.1.216. -->
SECTION 216. IC 33-33-2-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 14. (a) The Allen
superior court may appoint probate commissioners, juvenile referees,
bailiffs, court reporters, probation officers, and other personnel,
including an administrative officer, the court believes are necessary to
facilitate and transact the business of the court.
(b) In addition to the personnel authorized under subsection (a) and
IC 31-31-3, the following magistrates may be appointed:
(1) The judges of the Allen superior court-civil division may
jointly appoint not more than four (4) full-time magistrates under
IC 33-23-5 to serve the Allen superior court-civil division. The
judges of the Allen superior court-civil division may jointly assign
any magistrates the duties and powers of a probate commissioner.
(2) The judge of the Allen superior court-criminal division may
jointly appoint not more than three (3) full-time magistrates under
IC 33-23-5 to serve the Allen superior court-criminal division.
Any magistrate serves at the pleasure of, and continues in office
until jointly removed by, the judges of the division that appointed
the magistrate.
(c) All appointments made under this section must be made without
regard to the political affiliation of the appointees. The salaries of the
personnel shall be fixed and paid as provided by law. If the salaries of
any of the personnel are not provided by law, the amount and time of
payment of the salaries shall be fixed by the court, to be paid out of the
county treasury by the county auditor, upon the order of the court, and
be entered of record. The officers and persons appointed shall perform
duties as are prescribed by the court. Any administrative officer
appointed by the court shall operate under the jurisdiction of the chief
judge and serve at the pleasure of the chief judge. Any probate
commissioners, magistrates, juvenile referees, bailiffs, court reporters,
probation officers, and other personnel appointed by the court serve at
the pleasure of the court.
(d) Any probate commissioner appointed by the court may be vested
by the court with all suitable powers for the handling and management
of the probate and guardianship matters of the court, including the
fixing of all bonds, the auditing of accounts of estates and
guardianships and trusts, acceptance of reports, accounts, and
settlements filed in the court, the appointment of personal
representatives, guardians, and trustees, the probating of wills, the
taking and hearing of evidence on or concerning such matters, or any
other probate, guardianship, or trust matters in litigation before the
court, the enforcement of court rules and regulations, the making of
reports to the court concerning the probate commissioner's actions
under this subsection, including the taking and hearing of evidence
together with the commissioner's findings and conclusions regarding
the evidence. However, all matters under this subsection are under the
final jurisdiction and decision of the judges of the court.
(e) A juvenile referee appointed by the court may be vested by the
court with all suitable powers for the handling and management of the
juvenile matters of the court, including the fixing of bonds, the taking
and hearing of evidence on or concerning any juvenile matters in
litigation before the court, the enforcement of court rules and
regulations, and the making of reports to the court concerning the
referee's actions under this subsection. The actions of a juvenile referee
under this subsection are under final jurisdiction and decision of the
judges of the court.
(f) A probate commissioner or juvenile referee may:
(1) summon witnesses to testify before the commissioner or
juvenile referee; and
(2) administer oaths and take acknowledgments;
to carry out the commissioner's or juvenile referee's duties and powers.
(g) The powers of a magistrate appointed under this section include
the powers provided in IC 33-23-5 and the power to enter a final order
or judgment in any proceeding involving matters specified in
IC 33-29-2-3 IC 33-29-2-4 (jurisdiction of small claims docket) or
IC 34-26-5 (protective orders to prevent domestic or family violence).
SOURCE: IC 33-33-2-31; (07)HE1084.1.217. -->
SECTION 217. IC 33-33-2-31 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 31. (a) The court,
by rules adopted by the Allen superior court, shall divide the work of
the court into the following divisions:
(1) A family relations division.
(2) A criminal division (including a standard minor offenses and
violations docket under IC 33-29-2-8).
(3) A civil division (including a standard small claims docket
under IC 33-29-2-3). IC 33-29-2-4).
(b) Cases involving juvenile matters shall be assigned to the family
relations division.
(c) Cases involving matters specified in IC 33-29-2-8 shall be
assigned to the criminal division.
(d) Cases involving matters specified in IC 33-29-2-3 IC 33-29-2-4
shall be assigned to the small claims docket in the civil division.
(e) The work of each division may be divided further by rules
adopted by the court.
(f) Every two (2) years each division of the court shall elect an
administrative judge for that division. The administrative judge shall
carry out ministerial, administrative, and assignment functions as are
periodically determined by a majority of the judges of that division.
(g) Matters of administration, budget, expenditures, policy, and
procedure in each division shall be determined by a majority of the
judges of that division.
(h) Disputes within any division concerning administration, budget,
expenditures, policy, procedure, and assignments that pertain to the
division as a whole or to any individual judge of the division, that for
any reason cannot be resolved by a majority of the judges in the
division, shall be submitted to the board of judges and determined by
a majority of the board of judges.
(i) A resolution approved by a majority of the board of judges that
resolves disputes within a division must include at least one (1) of the
judges of that division and binds all of the judges of that division.
SOURCE: IC 33-33-27.3-12; (07)HE1084.1.218. -->
SECTION 218. IC 33-33-27.3-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 12. (a) The court
has a standard small claims and misdemeanor division.
(b) Notwithstanding IC 33-29-2-3, IC 33-29-2-4, the small claims
docket has jurisdiction over the following:
(1) Civil actions in which the amount sought or value of the
property sought to be recovered is not more than six thousand
dollars ($6,000). The plaintiff in a statement of claim or the
defendant in a counterclaim may waive the excess of any claim
that exceeds six thousand dollars ($6,000) in order to bring the
claim within the jurisdiction of the small claims docket.
(2) Possessory actions between landlord and tenant in which the
rent due at the time the action is filed does not exceed six
thousand dollars ($6,000).
(3) Emergency possessory actions between a landlord and tenant
under IC 32-31-6.
SOURCE: IC 33-33-71-69; (07)HE1084.1.219. -->
SECTION 219. IC 33-33-71-69 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 69. (a) The court
may appoint two (2) full-time magistrates under IC 33-23-5 to serve the
court using the selection method provided by IC 36-1-8-10(b)(1) or
IC 36-1-8-10(b)(2). Not more than one (1) of the magistrates appointed
under this section may be a member of the same political party.
(b) A magistrate continues in office until removed by the judges of
the court.
(c) The powers of a magistrate appointed under this section include
the powers provided in IC 33-23-5 and the power to enter a final order
or judgment in any proceeding involving matters specified in
IC 33-29-2-3 IC 33-29-2-4 (jurisdiction of small claims docket) or
IC 34-26-5 (protective orders to prevent domestic or family violence).
SOURCE: IC 33-35-3-9; (07)HE1084.1.220. -->
SECTION 220. IC 33-35-3-9, AS AMENDED BY P.L.174-2006,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 9. (a) This section applies after June 30, 2005.
(b) A clerk of a city court in a county having a population of more
than four hundred thousand (400,000) but less than seven hundred
thousand (700,000) shall deposit all court costs collected by the clerk
in accordance with IC 33-37-7-12. The fees received by the controller
from the clerk shall be paid into the city treasury at the time of the
semiannual settlement for city revenue.
(c) If the party instituting an action or a proceeding recovers
judgment, the judgment must also include as costs an amount equal to
the small claims costs fee, the small claims garnishee service fee, and
the small claims service fee prescribed under IC 33-37-4-5
(before its
repeal) or IC 33-37-4-6.
(d) Money paid in advance for costs remaining unexpended at the
time a civil action or proceeding is terminated, whether by reason of
Small claims costs fee, small claims service fee, and additional fees
dismissal or otherwise, must be returned to the party or parties making
payment. However, this section does not apply to civil actions or
proceedings instituted by or on behalf of the state or any of the state's
political subdivisions.
SOURCE: IC 33-37-4-8; (07)HE1084.1.221. -->
SECTION 221. IC 33-37-4-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 8. (a) This section
applies in all actions listed in sections 4, 5, 6, and 7 of this chapter.
(b) In an action in which there has been or will be a change of venue
or transfer from one (1) county to another, the clerk of the court from
which the action is transferred shall collect from the party seeking
change of venue a fee equal to that required by sections 4, 5, 6, and 7
of this chapter. The clerk of the transferring court shall forward the fee
collected under this section to the clerk of the court to which the action
is transferred.
SOURCE: IC 33-37-10-3; (07)HE1084.1.222. -->
SECTION 222. IC 33-37-10-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. A witness in an
action listed in IC 33-37-4-2, IC 33-37-4-3, IC 33-37-4-4, IC 33-37-4-5,
IC 33-37-4-6, and IC 33-37-4-7 is entitled to the sum of the following:
(1) An amount for mileage at the mileage rate paid to state
officers for each mile necessarily traveled to and from the court.
(2) Five dollars ($5) for each day of attendance in court.
SOURCE: IC 34-6-2-38; (07)HE1084.1.223. -->
SECTION 223. IC 34-6-2-38 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 38. (a) "Employee"
and "public employee", for purposes of section 91 of this chapter,
IC 34-13-2, IC 34-13-3, IC 34-13-4, and IC 34-30-14, mean a person
presently or formerly acting on behalf of a governmental entity,
whether temporarily or permanently or with or without compensation,
including members of boards, committees, commissions, authorities,
and other instrumentalities of governmental entities, volunteer
firefighters (as defined in IC 36-8-12-2), and elected public officials.
(b) The term also includes attorneys at law whether employed by the
governmental entity as employees or independent contractors and
physicians licensed under IC 25-22.5 and optometrists who provide
medical or optical care to confined offenders (as defined in IC 11-8-1)
within the course of their employment by or contractual relationship
with the department of correction. However, the term does not include:
(1) an independent contractor (other than an attorney at law, a
physician, or an optometrist described in this section);
(2) an agent or employee of an independent contractor;
(3) a person appointed by the governor to an honorary advisory or
honorary military position; or
(4) a physician licensed under IC 25-22.5 with regard to a claim
against the physician for an act or omission occurring or allegedly
occurring in the physician's capacity as an employee of a hospital.
(c) A physician licensed under IC 25-22.5 who is an employee of a
governmental entity (as defined in section 49 of this chapter) shall be
considered a public employee for purposes of IC 34-13-3-3(21).
(d) For purposes of IC 34-13-3 and IC 34-13-4, the term includes a
person that engages in an act or omission before July 1, 2004, in the
person's capacity as:
(1) a contractor under IC 6-1.1-4-32 (repealed);
(2) an employee acting within the scope of the employee's duties
for a contractor under IC 6-1.1-4-32 (repealed);
(3) a subcontractor of the contractor under IC 6-1.1-4-32
(repealed) that is acting within the scope of the subcontractor's
duties; or
(4) an employee of a subcontractor described in subdivision (3)
that is acting within the scope of the employee's duties.
SOURCE: IC 34-51-3-6; (07)HE1084.1.224. -->
SECTION 224. IC 34-51-3-6, AS AMENDED BY P.L.105-2006,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 6. (a) Except as provided in IC 13-25-4-10,
when a finder of fact announces a verdict that includes a punitive
damage award in a civil action, the party against whom the judgment
was entered shall notify the office of the attorney general of the
punitive damage award.
(b) When a punitive damage award is paid, the party against whom
the judgment was entered shall pay the punitive damage award to the
clerk of the court where the action is pending.
(c) Upon receiving the payment described in subsection (a),
subsection (b), the clerk of the court shall:
(1) pay the person to whom punitive damages were awarded
twenty-five percent (25%) of the punitive damage award; and
(2) pay the remaining seventy-five percent (75%) of the punitive
damage award to the treasurer of state, who shall deposit the
funds into the violent crime victims compensation fund
established by IC 5-2-6.1-40.
(d) The office of the attorney general may negotiate and
compromise a punitive damage award described in subsection (c)(2).
(e) The state's interest in a punitive damage award described in
subsection (b)(2) subsection (c)(2) is effective when a finder of fact
announces a verdict that includes punitive damages.
SOURCE: IC 35-33-5-5; (07)HE1084.1.225. -->
SECTION 225. IC 35-33-5-5, AS AMENDED BY P.L.1-2006,
SECTION 527, AND AS AMENDED BY P.L.151-2006, SECTION
14, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 5. (a) All items of property
seized by any law enforcement agency as a result of an arrest, search
warrant, or warrantless search, shall be securely held by the law
enforcement agency under the order of the court trying the cause,
except as provided in this section.
(b) Evidence that consists of property obtained unlawfully from its
owner may be returned by the law enforcement agency to the owner
before trial, in accordance with IC 35-43-4-4(h).
(c) Following the final disposition of the cause at trial level or any
other final disposition the following shall be done:
(1) Property which may be lawfully possessed shall be returned
to its rightful owner, if known. If ownership is unknown, a
reasonable attempt shall be made by the law enforcement agency
holding the property to ascertain ownership of the property. After
ninety (90) days from the time:
(A) the rightful owner has been notified to take possession of
the property; or
(B) a reasonable effort has been made to ascertain ownership
of the property;
the law enforcement agency holding the property shall, at such
time as it is a convenient time, dispose of this property at a public
auction. The proceeds of this property shall be paid into the
county general fund.
(2) Except as provided in subsection (e), property, the possession
of which is unlawful, shall be destroyed by the law enforcement
agency holding it sixty (60) days after final disposition of the
cause.
(3) A firearm that has been seized from a person who is
dangerous (as defined in IC 35-47-13-1) IC 35-47-14-1) shall be
retained, returned, or disposed of in accordance with IC 35-47-13.
IC 35-47-14.
(d) If any property described in subsection (c) was admitted into
evidence in the cause, the property shall be disposed of in accordance
with an order of the court trying the cause.
(e) A law enforcement agency may destroy or cause to be destroyed
chemicals, or controlled substances, or chemically contaminated
equipment (including drug paraphernalia as described in
IC 35-48-4-8.5) associated with the illegal manufacture of drugs or
controlled substances without a court order if all the following
conditions are met:
(1) The law enforcement agency collects and preserves a
sufficient quantity of the chemicals, or controlled substances, or
chemically contaminated equipment to demonstrate that the
chemicals, or controlled substances, were or chemically
contaminated equipment was associated with the illegal
manufacture of drugs or controlled substances.
(2) The law enforcement agency takes photographs of the illegal
drug manufacturing site that accurately depict the presence and
quantity of chemicals, and controlled substances, and chemically
contaminated equipment.
(3) The law enforcement agency completes a chemical inventory
report that describes the type and quantities of chemicals, and
controlled substances, and chemically contaminated equipment
present at the illegal manufacturing site.
The photographs and description of the property shall be admissible
into evidence in place of the actual physical evidence.
(f) For purposes of preserving the record of any conviction on
appeal, a photograph demonstrating the nature of the property, and an
adequate description of the property must be obtained before the
disposition of it. the property. In the event of a retrial, the photograph
and description of the property shall be admissible into evidence in
place of the actual physical evidence. All other rules of law governing
the admissibility of evidence shall apply to the photographs.
(g) The law enforcement agency disposing of property in any
manner provided in subsection (b), (c), or (e) shall maintain certified
records of any such disposition under subsection (b), (c), or (e).
Disposition by destruction of property shall be witnessed by two (2)
persons who shall also attest to the destruction.
(h) This section does not affect the procedure for the disposition of
firearms seized by a law enforcement agency.
(i) A law enforcement agency that disposes of property by auction
under this section shall permanently stamp or otherwise permanently
identify the property as property sold by the law enforcement agency.
(j) Upon motion of the prosecuting attorney, the court shall order
property seized under IC 34-24-1 transferred, subject to the perfected
liens or other security interests of any person in the property, to the
appropriate federal authority for disposition under 18 U.S.C. 981(e), 19
U.S.C. 1616a, or 21 U.S.C. 881(e) and any related regulations adopted
by the United States Department of Justice.
SOURCE: IC 35-33-8-3.2; (07)HE1084.1.226. -->
SECTION 226. IC 35-33-8-3.2, AS AMENDED BY P.L.97-2006,
SECTION 1, AND AS AMENDED BY P.L.173-2006, SECTION 42,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 3.2. (a) A court may admit a
defendant to bail and impose any of the following conditions to assure
the defendant's appearance at any stage of the legal proceedings, or,
upon a showing of clear and convincing evidence that the defendant
poses a risk of physical danger to another person or the community, to
assure the public's physical safety:
(1) Require the defendant to:
(A) execute a bail bond with sufficient solvent sureties;
(B) deposit cash or securities in an amount equal to the bail;
(C) execute a bond secured by real estate in the county, where
thirty-three hundredths (0.33) of the true tax value less
encumbrances is at least equal to the amount of the bail; or
(D) post a real estate bond; or
(E) perform any combination of the requirements described in
clauses (A) through (D).
If the court requires the defendant to deposit cash or cash and
another form of security as bail, the court may require the
defendant and each person who makes the deposit on behalf of
the defendant to execute an agreement that allows the court to
retain all or a part of the cash to pay publicly paid costs of
representation and fines, costs, fees, and restitution that the court
may order the defendant to pay if the defendant is convicted. The
defendant must also pay the fee required by subsection (d).
(2) Require the defendant to execute:
(A) a bail bond by depositing cash or securities with the clerk
of the court in an amount not less than ten percent (10%) of
the bail; If the defendant is convicted, and
(B) an agreement that allows the court may to retain all or a
part of the cash or securities to pay fines, costs, fees, and
restitution if ordered by that the court may order the defendant
to pay if the defendant is convicted.
A portion of the deposit, not to exceed ten percent (10%) of the
monetary value of the deposit or fifty dollars ($50), whichever is
the lesser amount, may be retained as an administrative fee. The
clerk shall also retain from the deposit under this subdivision the
following:
(A) fines, costs, fees, and restitution as ordered by the court,
(B) publicly paid costs of representation that shall be disposed
of in accordance with subsection (b), and the fee required by
subsection (d).
(C) In the event of the posting of a real estate bond, the bond
shall be used only to insure the presence of the defendant at
any stage of the legal proceedings, but shall not be foreclosed
for the payment of fines, costs, fees, or restitution.
(D) The fee required by subsection (d).
The individual posting bail for the defendant or the defendant
admitted to bail under this subdivision must be notified by the
sheriff, court, or clerk that the defendant's deposit may be
forfeited under section 7 of this chapter or retained under
subsection (b).
(3) Impose reasonable restrictions on the activities, movements,
associations, and residence of the defendant during the period of
release.
(4) Require the defendant to refrain from any direct or indirect
contact with an individual.
(5) Place the defendant under the reasonable supervision of a
probation officer,
pretrial services agency, or other appropriate
public official.
If the court places the defendant under the
supervision of a probation officer or pretrial services agency, the
court shall determine whether the defendant must pay the pretrial
services fee under section 3.3 of this chapter.
(6) Release the defendant into the care of a qualified person or
organization responsible for supervising the defendant and
assisting the defendant in appearing in court. The supervisor shall
maintain reasonable contact with the defendant in order to assist
the defendant in making arrangements to appear in court and,
where appropriate, shall accompany the defendant to court. The
supervisor need not be financially responsible for the defendant.
(7) Release the defendant on personal recognizance unless:
(A) the state presents evidence relevant to a risk by the
defendant:
(i) of nonappearance; or
(ii) to the physical safety of the public; and
(B) the court finds by a preponderance of the evidence that the
risk exists.
(8) Impose any other reasonable restrictions designed to assure
the defendant's presence in court or the physical safety of another
person or the community.
(b) Within thirty (30) days after disposition of the charges against
the defendant, the court that admitted the defendant to bail shall order
the clerk to remit the amount of the deposit remaining under subsection
(a)(2) to the defendant. The portion of the deposit that is not remitted
to the defendant shall be deposited by the clerk in the supplemental
public defender services fund established under IC 33-40-3.
(c) For purposes of subsection (b), "disposition" occurs when the
indictment or information is dismissed or the defendant is acquitted or
convicted of the charges.
(d) Except as provided in subsection (e), the clerk of the court shall:
(1) collect a fee of five dollars ($5) from each bond or deposit
required under subsection (a)(1); and
(2) retain a fee of five dollars ($5) from each deposit under
subsection (a)(2).
The clerk of the court shall semiannually remit the fees collected under
this subsection to the board of trustees of the public employees'
retirement fund for deposit in the special death benefit fund. The fee
required by subdivision (2) is in addition to the administrative fee
retained under subsection (a)(2).
(e) With the approval of the clerk of the court, the county sheriff
may collect the bail posted under this section. The county sheriff shall
remit the bail to the clerk of the court by the following business day
and remit monthly the five dollar ($5) special death benefit fee to the
county auditor.
(f) When a court imposes a condition of bail described in subsection
(a)(4):
(1) the clerk of the court shall comply with IC 5-2-9; and
(2) the prosecuting attorney shall file a confidential form
prescribed or approved by the division of state court
administration with the clerk.
SOURCE: IC 35-38-2-2.3; (07)HE1084.1.227. -->
SECTION 227. IC 35-38-2-2.3, AS AMENDED BY P.L.60-2006,
SECTION 9, AND AS AMENDED BY P.L.140-2006, SECTION 24
AND P.L.173-2006, SECTION 24, IS CORRECTED AND
AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON
PASSAGE]: Sec. 2.3. (a) As a condition of probation, the court may
require a person to do a combination of the following:
(1) Work faithfully at suitable employment or faithfully pursue a
course of study or vocational training that will equip the person
for suitable employment.
(2) Undergo available medical or psychiatric treatment and
remain in a specified institution if required for that purpose.
(3) Attend or reside in a facility established for the instruction,
recreation, or residence of persons on probation.
(4) Support the person's dependents and meet other family
responsibilities.
(5) Make restitution or reparation to the victim of the crime for
damage or injury that was sustained by the victim. When
restitution or reparation is a condition of probation, the court shall
fix the amount, which may not exceed an amount the person can
or will be able to pay, and shall fix the manner of performance.
(6) Execute a repayment agreement with the appropriate
governmental entity to repay the full amount of public relief or
assistance wrongfully received, and make repayments according
to a repayment schedule set out in the agreement.
(7) Pay a fine authorized by IC 35-50.
(8) Refrain from possessing a firearm or other deadly weapon
unless granted written permission by the court or the person's
probation officer.
(9) Report to a probation officer at reasonable times as directed
by the court or the probation officer.
(10) Permit the person's probation officer to visit the person at
reasonable times at the person's home or elsewhere.
(11) Remain within the jurisdiction of the court, unless granted
permission to leave by the court or by the person's probation
officer.
(12) Answer all reasonable inquiries by the court or the person's
probation officer and promptly notify the court or probation
officer of any change in address or employment.
(13) Perform uncompensated work that benefits the community.
(14) Satisfy other conditions reasonably related to the person's
rehabilitation.
(15) Undergo home detention under IC 35-38-2.5.
(16) Undergo a laboratory test or series of tests approved by the
state department of health to detect and confirm the presence of
the human immunodeficiency virus (HIV) antigen or antibodies
to the human immunodeficiency virus (HIV), if:
(A) the person had been convicted of a sex crime listed in
IC 35-38-1-7.1(e) and the crime created an epidemiologically
demonstrated risk of transmission of the human
immunodeficiency virus (HIV) as described in
IC 35-38-1-7.1(b)(8); or
(B) the person had been convicted of an offense related to a
controlled substance listed in IC 35-38-1-7.1(f) and the offense
involved the conditions described in IC 35-38-1-7.1(b)(9)(A).
(17) Refrain from any direct or indirect contact with an
individual.
(18) Execute a repayment agreement with the appropriate
governmental entity or with a person for reasonable costs incurred
because of the taking, detention, or return of a missing child (as
defined in IC 10-13-5-4).
(19) Periodically undergo a laboratory chemical test (as defined
in IC 14-15-8-1) or series of chemical tests as specified by the
court to detect and confirm the presence of a controlled substance
(as defined in IC 35-48-1-9). The person on probation is
responsible for any charges resulting from a test and shall have
the results of any test under this subdivision reported to the
person's probation officer by the laboratory.
(20) If the person was confined in a penal facility, execute a
reimbursement plan as directed by the court and make repayments
under the plan to the authority that operates the penal facility for
all or part of the costs of the person's confinement in the penal
facility. The court shall fix an amount that:
(A) may not exceed an amount the person can or will be able
to pay;
(B) does not harm the person's ability to reasonably be self
supporting or to reasonably support any dependent of the
person; and
(C) takes into consideration and gives priority to any other
restitution, reparation, repayment, or fine the person is
required to pay under this section.
(21) Refrain from owning, harboring, or training an animal.
(22) Participate in a reentry court program.
(b) When a person is placed on probation, the person shall be given
a written statement specifying:
(1) the conditions of probation; and
(2) that if the person violates a condition of probation during the
probationary period, a petition to revoke probation may be filed
before the earlier of the following:
(A) One (1) year after the termination of probation.
(B) Forty-five (45) days after the state receives notice of the
violation.
(c) As a condition of probation, the court may require that the
person serve a term of imprisonment in an appropriate facility at the
time or intervals (consecutive or intermittent) within the period of
probation the court determines.
(d) Intermittent service may be required only for a term of not more
than sixty (60) days and must be served in the county or local penal
facility. The intermittent term is computed on the basis of the actual
days spent in confinement and shall be completed within one (1) year.
A person does not earn credit time while serving an intermittent term
of imprisonment under this subsection. When the court orders
intermittent service, the court shall state:
(1) the term of imprisonment;
(2) the days or parts of days during which a person is to be
confined; and
(3) the conditions.
(e) Supervision of a person may be transferred from the court that
placed the person on probation to a court of another jurisdiction, with
the concurrence of both courts. Retransfers of supervision may occur
in the same manner. This subsection does not apply to transfers made
under IC 11-13-4 or IC 11-13-5.
(f) When a court imposes a condition of probation described in
subsection (a)(17):
(1) the clerk of the court shall comply with IC 5-2-9; and
(2) the prosecuting attorney shall file a confidential form
prescribed or approved by the division of state court
administration with the clerk.
(g) As a condition of probation, a court shall require a person:
(1) convicted of an offense described in IC 10-13-6-10;
(2) who has not previously provided a DNA sample in accordance
with IC 10-13-6; and
(3) whose sentence does not involve a commitment to the
department of correction;
to provide a DNA sample as a condition of probation.
SOURCE: IC 35-38-2.5-6; (07)HE1084.1.228. -->
SECTION 228. IC 35-38-2.5-6, AS AMENDED BY P.L.140-2006,
SECTION 28 AND P.L.173-2006, SECTION 28, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 6. An
order for home detention of an offender under section 5 of this chapter
must include the following:
(1) A requirement that the offender be confined to the offender's
home at all times except when the offender is:
(A) working at employment approved by the court or traveling
to or from approved employment;
(B) unemployed and seeking employment approved for the
offender by the court;
(C) undergoing medical, psychiatric, mental health treatment,
counseling, or other treatment programs approved for the
offender by the court;
(D) attending an educational institution or a program approved
for the offender by the court;
(E) attending a regularly scheduled religious service at a place
of worship; or
(F) participating in a community work release or community
restitution or service program approved for the offender by the
court.
(2) Notice to the offender that violation of the order for home
detention may subject the offender to prosecution for the crime of
escape under IC 35-44-3-5.
(3) A requirement that the offender abide by a schedule prepared
by the probation department, or by a community corrections
program ordered to provide supervision of the offender's home
detention, specifically setting forth the times when the offender
may be absent from the offender's home and the locations the
offender is allowed to be during the scheduled absences.
(4) A requirement that the offender is not to commit another
crime during the period of home detention ordered by the court.
(5) A requirement that the offender obtain approval from the
probation department or from a community corrections program
ordered to provide supervision of the offender's home detention
before the offender changes residence or the schedule described
in subdivision (3).
(6) A requirement that the offender maintain:
(A) a working telephone in the offender's home; and
(B) if ordered by the court, a monitoring device in the
offender's home or on the offender's person, or both.
(7) A requirement that the offender pay a home detention fee set
by the court in addition to the probation user's fee required under
IC 35-38-2-1 or IC 31-40. However, the fee set under this
subdivision may not exceed the maximum fee specified by the
department of correction under IC 11-12-2-12.
(8) A requirement that the offender abide by other conditions of
probation set by the court under IC 35-38-2-2.3.
(9) A requirement that an offender:
(1) (A) who is convicted of an offense described in
IC 10-13-6-10;
(2) (B) who has not previously provided a DNA sample in
accordance with IC 10-13-6; and
(3) (C) whose sentence does not involve a commitment to the
department of correction;
provide a DNA sample.
SOURCE: IC 35-41-1-17; (07)HE1084.1.229. -->
SECTION 229. IC 35-41-1-17, AS AMENDED BY P.L.1-2006,
SECTION 530, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 17. (a) "Law enforcement
officer" means:
(1) a police officer, sheriff, constable, marshal, prosecuting
attorney, special prosecuting attorney, special deputy prosecuting
attorney, or the inspector general;
(2) a deputy of any of those persons;
(3) an investigator for a prosecuting attorney or for the inspector
general;
(4) a conservation officer; or
(5) an enforcement officer of the alcohol and tobacco
commission.
(b) "Federal enforcement officer" means any of the following:
(1) A Federal Bureau of Investigation special agent.
(2) A United States Marshals Service marshal or deputy.
(3) A United States Secret Service special agent.
(4) A United States Fish and Wildlife Service special agent.
(5) A United States Drug Enforcement Agency agent.
(6) A Bureau of Alcohol, Tobacco, Firearms and Explosives
agent.
(7) A United States Forest Service law enforcement officer.
(8) A United States Department of Defense police officer or
criminal investigator.
(9) A United States Customs Service agent.
(10) A United States Postal Service investigator.
(11) A National Park Service law enforcement commissioned
ranger.
(12) United States Department of Agriculture, Office of Inspector
General special agent.
(13) A United States Immigration and Naturalization Service
Citizenship and Immigration Services special agent.
(14) An individual who is:
(A) an employee of a federal agency; and
(B) authorized to make arrests and carry a firearm in the
performance of the individual's official duties.
SOURCE: IC 35-42-1-1; (07)HE1084.1.230. -->
SECTION 230. IC 35-42-1-1, AS AMENDED BY P.L.151-2006,
SECTION 16, AND AS AMENDED BY P.L.173-2006, SECTION 51,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 1. A person who:
(1) knowingly or intentionally kills another human being;
(2) kills another human being while committing or attempting to
commit arson, burglary, child molesting, consumer product
tampering, criminal deviate conduct, kidnapping, rape, robbery,
human trafficking, promotion of human trafficking, sexual
trafficking of a minor, or carjacking;
(3) kills another human being while committing or attempting to
commit:
(A) dealing in or manufacturing cocaine or a narcotic drug
(IC 35-48-4-1);
(B) dealing in
or manufacturing methamphetamine
(IC 35-48-4-1.1);
(C) dealing in a schedule I, II, or III controlled substance
(IC 35-48-4-2);
(D) dealing in a schedule IV controlled substance
(IC 35-48-4-3); or
(E) dealing in a schedule V controlled substance; or
(4) knowingly or intentionally kills a fetus that has attained
viability (as defined in IC 16-18-2-365);
commits murder, a felony.
SOURCE: IC 35-42-4-10; (07)HE1084.1.231. -->
SECTION 231. IC 35-42-4-10, AS ADDED BY P.L.6-2006,
SECTION 3, AND AS ADDED BY P.L.140-2006, SECTION 31 AND
P.L.173-2006, SECTION 31, IS CORRECTED AND AMENDED TO
READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 10. (a)
As used in this section, "sexually violent predator" has the meaning set
forth in means a person who is a sexually violent predator under
IC 35-38-1-7.5.
(b) A sexually violent predator who knowingly or intentionally
works for compensation or as a volunteer:
(1) on school property;
(2) at a youth program center; or
(3) at a public park;
commits unlawful employment near children by a sexual predator, a
Class D felony. However, the offense is a Class C felony if the person
has a prior unrelated conviction based on the person's failure to comply
with any requirement imposed on an offender under this chapter.
SOURCE: IC 35-43-6-13; (07)HE1084.1.232. -->
SECTION 232. IC 35-43-6-13, AS AMENDED BY P.L.81-2006,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 13. (a) The offense in section 12(a) of this
chapter is a Class A misdemeanor:
(1)
when in the case of an offense under section 12(a)(1)
through 12(a)(4) or 12(a)(6) through 12(a)(9), if the home
improvement contract price is one thousand dollars ($1,000) or
more;
(2) for the second or subsequent offense under this chapter or in
another jurisdiction for an offense that is substantially similar to
another offense described in this chapter;
(3) if two (2) or more home improvement contracts exceed an
aggregate amount of one thousand dollars ($1,000) and are
entered into with the same consumer by one (1) or more suppliers
as part of or in furtherance of a common fraudulent scheme,
design, or intention; or
(4) if, in a violation of section 12(a)(5) of this chapter, the home
improvement contract price is at least seven thousand dollars
($7,000), but less than ten thousand dollars ($10,000).
(b) The offense in section 12 of this chapter is a Class D felony:
(1) if, in a violation of section 12(a)(5) of this chapter, the home
improvement contract price is more than ten thousand dollars
($10,000);
(2) if, in a violation of:
(A) section 12(a)(1) through 12(a)(5); or
(B) section 12(a)(7) through 12(a)(9);
of this chapter, the consumer is at least sixty (60) years of age and
the home improvement contract price is ten thousand dollars
($10,000) or less;
(3) if, in a violation of section 12(b) of this chapter, the consumer
is at least sixty (60) years of age; or
(4) if the home improvement supplier violates more than one (1)
subdivision of section 12(a) of this chapter.
(c) The offense in section 12(a) of this chapter is a Class C felony:
(1) if, in a violation of:
(A) section 12(a)(1) through 12(a)(5); or
(B) section 12(a)(7) through 12(a)(10); 12(a)(9);
of this chapter, the consumer is at least sixty (60) years of age and
the home improvement contract price is more than ten thousand
dollars ($10,000); or
(2) if, in a violation of:
(A) section 12(a)(1) through 12(a)(4); or
(B) section 12(a)(7) through 12(a)(9);
of this chapter, the consumer is at least sixty (60) years of age,
and two (2) or more home improvement contracts exceed an
aggregate amount of one thousand dollars ($1,000) and are
entered into with the same consumer by one (1) or more suppliers
as part of or in furtherance of a common fraudulent scheme,
design, or intention.
SOURCE: IC 35-44-3-13; (07)HE1084.1.233. -->
SECTION 233. IC 35-44-3-13, AS ADDED BY P.L.139-2006,
SECTION 5, AND AS ADDED BY P.L.140-2006, SECTION 34 AND
P.L.173-2006, SECTION 35, IS CORRECTED AND AMENDED TO
READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 13. (a)
A person who is being supervised on lifetime parole (as described in
IC 35-50-6-1) and who knowingly or intentionally violates a condition
of lifetime parole that involves direct or indirect contact with a child
less than sixteen (16) years of age or with the victim of a sex crime
described in IC 5-2-12-4 IC 11-8-8-5 that was committed by the person
commits a Class D felony if, at the time of the violation:
(1) the person's lifetime parole has been revoked two (2) or more
times; or
(2) the person has completed the person's sentence, including any
credit time the person may have earned.
(b) The offense described in subsection (a) is a Class C felony if the
person has a prior unrelated conviction under this section.
SOURCE: IC 35-45-6-1; (07)HE1084.1.234. -->
SECTION 234. IC 35-45-6-1, AS AMENDED BY P.L.151-2006,
SECTION 17, AND AS AMENDED BY P.L.173-2006, SECTION 53,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 1. As used in this chapter:
"Documentary material" means any document, drawing, photograph,
recording, or other tangible item containing compiled data from which
information can be either obtained or translated into a usable form.
"Enterprise" means:
(1) a sole proprietorship, corporation, limited liability company,
partnership, business trust, or governmental entity; or
(2) a union, an association, or a group, whether a legal entity or
merely associated in fact.
"Pattern of racketeering activity" means engaging in at least two (2)
incidents of racketeering activity that have the same or similar intent,
result, accomplice, victim, or method of commission, or that are
otherwise interrelated by distinguishing characteristics that are not
isolated incidents. However, the incidents are a pattern of racketeering
activity only if at least one (1) of the incidents occurred after August
31, 1980, and if the last of the incidents occurred within five (5) years
after a prior incident of racketeering activity.
"Racketeering activity" means to commit, to attempt to commit, to
conspire to commit a violation of, or aiding and abetting in a violation
of any of the following:
(1) A provision of IC 23-2-1, or of a rule or order issued under
IC 23-2-1.
(2) A violation of IC 35-45-9.
(3) A violation of IC 35-47.
(4) A violation of IC 35-49-3.
(5) Murder (IC 35-42-1-1).
(6) Battery as a Class C felony (IC 35-42-2-1).
(7) Kidnapping (IC 35-42-3-2).
(8) Human and sexual trafficking crimes (IC 35-42-3.5).
(8) (9) Child exploitation (IC 35-42-4-4).
(9) (10) Robbery (IC 35-42-5-1).
(10) (11) Carjacking (IC 35-42-5-2).
(11) (12) Arson (IC 35-43-1-1).
(12) (13) Burglary (IC 35-43-2-1).
(13) (14) Theft (IC 35-43-4-2).
(14) (15) Receiving stolen property (IC 35-43-4-2).
(15) (16) Forgery (IC 35-43-5-2).
(16) (17) Fraud (IC 35-43-5-4(1) through IC 35-43-5-4(9)).
(17) (18) Bribery (IC 35-44-1-1).
(18) (19) Official misconduct (IC 35-44-1-2).
(19) (20) Conflict of interest (IC 35-44-1-3).
(20) (21) Perjury (IC 35-44-2-1).
(21) (22) Obstruction of justice (IC 35-44-3-4).
(22) (23) Intimidation (IC 35-45-2-1).
(23) (24) Promoting prostitution (IC 35-45-4-4).
(24) (25) Promoting professional gambling (IC 35-45-5-4).
(25) (26) Dealing in or manufacturing cocaine or a narcotic drug
(IC 35-48-4-1).
(26) (27) Dealing in or manufacturing methamphetamine
(IC 35-48-4-1.1).
(27) (28) Dealing in a schedule I, II, or III controlled substance
(IC 35-48-4-2).
(28) (29) Dealing in a schedule IV controlled substance
(IC 35-48-4-3).
(29) (30) Dealing in a schedule V controlled substance
(IC 35-48-4-4).
(30) (31) Dealing in marijuana, hash oil, or hashish
(IC 35-48-4-10).
(31) (32) Money laundering (IC 35-45-15-5).
(32) (33) A violation of IC 35-47.5-5.
SOURCE: IC 35-47-2-4; (07)HE1084.1.235. -->
SECTION 235. IC 35-47-2-4, AS AMENDED BY P.L.190-2006,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4. (a) Licenses to carry handguns shall be
either qualified or unlimited, and are valid for:
(1) four (4) years from the date of issue in the case of a four (4)
year license; or
(2) the life of the individual receiving the license in the case of a
lifetime license.
A qualified license shall be issued for hunting and target practice. The
superintendent may adopt rules imposing limitations on the use and
carrying of handguns under a license when handguns are carried by a
licensee as a condition of employment. Unlimited licenses shall be
issued for the purpose of the protection of life and property.
(b) In addition to the application fee, the fee for:
(1) a qualified license shall be:
(A) five dollars ($5) for a four (4) year qualified license;
(B) twenty-five dollars ($25) for a lifetime qualified license
from a person who does not currently possess a valid Indiana
handgun license; or
(C) twenty dollars ($20) for a lifetime qualified license from
a person who currently possesses a valid Indiana handgun
license; and
(2) an unlimited license shall be:
(A) thirty dollars ($30) for a four (4) year unlimited license;
(B) seventy-five dollars ($75) for a lifetime unlimited license
from a person who does not currently possess a valid Indiana
handgun license; or
(C) sixty dollars ($60) for a lifetime unlimited license from a
person who currently possesses a valid Indiana handgun
license.
The superintendent shall charge a twenty dollar ($20) fee for the
issuance of a duplicate license to replace a lost or damaged license.
These fees shall be deposited in accordance with subsection (e).
(c) Licensed dealers are exempt from the payment of fees specified
in subsection (b) for a qualified license or an unlimited license.
(d) The following officers of this state or the United States who have
been honorably retired by a lawfully created pension board or its
equivalent after at least twenty (20) years of service or because of a
disability are exempt from the payment of fees specified in subsection
(b):
(1) Police officers.
(2) Sheriffs or their deputies.
(3) Law enforcement officers.
(4) Correctional officers.
(e) Fees collected under this section shall be deposited in the state
general fund.
SOURCE: IC 35-50-2-2; (07)HE1084.1.236. -->
SECTION 236. IC 35-50-2-2, AS AMENDED BY P.L.151-2006,
SECTION 28, AND AS AMENDED BY P.L.140-2006, SECTION 36
AND P.L.173-2006, SECTION 36, IS CORRECTED AND
AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON
PASSAGE]: Sec. 2. (a) The court may suspend any part of a sentence
for a felony, except as provided in this section or in section 2.1 of this
chapter.
(b) With respect to the following crimes listed in this subsection, the
court may suspend only that part of the sentence that is in excess of the
minimum sentence, unless the court has approved placement of the
offender in a forensic diversion program under IC 11-12-3.7:
(1) The crime committed was a Class A or Class B felony and the
person has a prior unrelated felony conviction.
(2) The crime committed was a Class C felony and less than seven
(7) years have elapsed between the date the person was
discharged from probation, imprisonment, or parole, whichever
is later, for a prior unrelated felony conviction and the date the
person committed the Class C felony for which the person is
being sentenced.
(3) The crime committed was a Class D felony and less than three
(3) years have elapsed between the date the person was
discharged from probation, imprisonment, or parole, whichever
is later, for a prior unrelated felony conviction and the date the
person committed the Class D felony for which the person is
being sentenced. However, the court may suspend the minimum
sentence for the crime only if the court orders home detention
under IC 35-38-1-21 or IC 35-38-2.5-5 instead of the minimum
sentence specified for the crime under this chapter.
(4) The felony committed was:
(A) murder (IC 35-42-1-1);
(B) battery (IC 35-42-2-1) with a deadly weapon or battery
causing death;
(C) sexual battery (IC 35-42-4-8) with a deadly weapon;
(D) kidnapping (IC 35-42-3-2);
(E) confinement (IC 35-42-3-3) with a deadly weapon;
(F) rape (IC 35-42-4-1) as a Class A felony;
(G) criminal deviate conduct (IC 35-42-4-2) as a Class A
felony;
(H) child molesting (IC 35-42-4-3) as a Class A or Class B
felony;
(I) robbery (IC 35-42-5-1) resulting in serious bodily injury or
with a deadly weapon;
(J) arson (IC 35-43-1-1) for hire or resulting in serious bodily
injury;
(K) burglary (IC 35-43-2-1) resulting in serious bodily injury
or with a deadly weapon;
(L) resisting law enforcement (IC 35-44-3-3) with a deadly
weapon;
(M) escape (IC 35-44-3-5) with a deadly weapon;
(N) rioting (IC 35-45-1-2) with a deadly weapon;
(O) dealing in cocaine
or a narcotic drug
or methamphetamine
(IC 35-48-4-1) if the court finds the person possessed a firearm
(as defined in IC 35-47-1-5) at the time of the offense, or the
person delivered or intended to deliver to a person under
eighteen (18) years of age at least three (3) years junior to the
person and was on a school bus or within one thousand (1,000)
feet of:
(i) school property;
(ii) a public park;
(iii) a family housing complex; or
(iv) a youth program center;
(P) dealing in methamphetamine (IC 35-48-4-1.1) if the court
finds the person possessed a firearm (as defined in
IC 35-47-1-5) at the time of the offense, or the person
delivered or intended to deliver the methamphetamine pure or
adulterated to a person under eighteen (18) years of age at
least three (3) years junior to the person and was on a school
bus or within one thousand (1,000) feet of:
(i) school property;
(ii) a public park;
(iii) a family housing complex; or
(iv) a youth program center;
(P) (Q) dealing in a schedule I, II, or III controlled substance
(IC 35-48-4-2) if the court finds the person possessed a firearm
(as defined in IC 35-47-1-5) at the time of the offense, or the
person delivered or intended to deliver to a person under
eighteen (18) years of age at least three (3) years junior to the
person and was on a school bus or within one thousand (1,000)
feet of:
(i) school property;
(ii) a public park;
(iii) a family housing complex; or
(iv) a youth program center;
(Q) (R) an offense under IC 9-30-5 (operating a vehicle while
intoxicated) and the person who committed the offense has
accumulated at least two (2) prior unrelated convictions under
IC 9-30-5;
(R) (S) an offense under IC 9-30-5-5(b) (operating a vehicle
while intoxicated causing death); or
(S) (T) aggravated battery (IC 35-42-2-1.5).
(c) Except as provided in subsection (e), whenever the court
suspends a sentence for a felony, it shall place the person on probation
under IC 35-38-2 for a fixed period to end not later than the date that
the maximum sentence that may be imposed for the felony will expire.
(d) The minimum sentence for a person convicted of voluntary
manslaughter may not be suspended unless the court finds at the
sentencing hearing that the crime was not committed by means of a
deadly weapon.
(e) Whenever the court suspends that part of an a sex offender's (as
defined in IC 5-2-12-4) IC 11-8-8-5) sentence that is suspendible under
subsection (b), the court shall place the sex offender on probation under
IC 35-38-2 for not more than ten (10) years.
(f) An additional term of imprisonment imposed under
IC 35-50-2-11 may not be suspended.
(g) A term of imprisonment imposed under IC 35-47-10-6 or
IC 35-47-10-7 may not be suspended if the commission of the offense
was knowing or intentional.
(h) A term of imprisonment imposed for an offense under
IC 35-48-4-6(b)(1)(B) or IC 35-48-4-6.1(b)(1)(B) may not be
suspended.
SOURCE: IC 35-50-6-1; (07)HE1084.1.237. -->
SECTION 237. IC 35-50-6-1, AS AMENDED BY P.L.139-2006,
SECTION 6, AND AS AMENDED BY P.L.140-2006, SECTION 38
AND P.L.173-2006, SECTION 38, IS CORRECTED AND
AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON
PASSAGE]: Sec. 1. (a) Except as provided in subsection (d) or (e),
when a person imprisoned for a felony completes the person's fixed
term of imprisonment, less the credit time the person has earned with
respect to that term, the person shall be:
(1) released on parole for not more than twenty-four (24) months,
as determined by the parole board;
(2) discharged upon a finding by the committing court that the
person was assigned to a community transition program and may
be discharged without the requirement of parole; or
(3) released to the committing court if the sentence included a
period of probation.
(b) This subsection does not apply to a person described in
subsection (d), (e), or (f). A person released on parole remains on
parole from the date of release until the person's fixed term expires,
unless the person's parole is revoked or the person is discharged from
that term by the parole board. In any event, if the person's parole is not
revoked, the parole board shall discharge the person after the period set
under subsection (a) or the expiration of the person's fixed term,
whichever is shorter.
(c) A person whose parole is revoked shall be imprisoned for all or
part of the remainder of the person's fixed term. However, the person
shall again be released on parole when the person completes that
remainder, less the credit time the person has earned since the
revocation. The parole board may reinstate the person on parole at any
time after the revocation.
(d) This subsection does not apply to a person who is a sexually
violent predator under IC 35-38-1-7.5. When a sex offender (as defined
in IC 5-2-12-4) IC 11-8-8-5) completes the sex offender's fixed term of
imprisonment, less credit time earned with respect to that term, the sex
offender shall be placed on parole for not more than ten (10) years.
(e) This subsection applies to a person who is a sexually violent
predator under IC 35-38-1-7.5. When a sexually violent predator
completes the person's fixed term of imprisonment, less credit time
earned with respect to that term, the person shall be placed on parole
for the remainder of the person's life.
(f) This subsection applies to a parolee in another jurisdiction who
is a sexually violent predator under IC 35-38-1-7.5 and whose parole
supervision is transferred to Indiana from another jurisdiction. In
accordance with IC 11-13-4-1(2) (Interstate Compact for Out-of-State
Probationers and Parolees) and rules adopted under Article VII (d)(8)
of the Interstate Compact for Adult Offender Supervision
(IC 11-13-4.5), a parolee who is a sexually violent predator and whose
parole supervision is transferred to Indiana is subject to the same
conditions of parole as a sexually violent predator convicted in Indiana,
including:
(1) lifetime parole (as described in subsection (e)); and
(2) the requirement that the person wear a monitoring device (as
described in IC 35-38-2.5-3) that can transmit information
twenty-four (24) hours each day regarding a person's precise
location, if applicable.
(g) If a person being supervised on lifetime parole as described in
subsection (e) is also required to be supervised by a court, a probation
department, a community corrections program, a community transition
program, or another similar program upon the person's release from
imprisonment, the parole board may:
(1) supervise the person while the person is being supervised by
the other supervising agency; or
(2) permit the other supervising agency to exercise all or part of
the parole board's supervisory responsibility during the period in
which the other supervising agency is required to supervise the
person, if supervision by the other supervising agency will be, in
the opinion of the parole board:
(A) at least as stringent; and
(B) at least as effective;
as supervision by the parole board.
(h) The parole board is not required to supervise a person on
lifetime parole during any period in which the person is imprisoned.
However, upon the person's release from imprisonment, the parole
board shall recommence its supervision of a person on lifetime parole.
SOURCE: IC 36-1-8-5; (07)HE1084.1.238. -->
SECTION 238. IC 36-1-8-5, AS AMENDED BY P.L.169-2006,
SECTION 46, AND AS AMENDED BY P.L.2-2006, SECTION 185,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 5. (a) This section applies to all
funds raised by a general or special tax levy on all the taxable property
of a political subdivision.
(b) Whenever the purposes of a tax levy have been fulfilled and an
unused and unencumbered balance remains in the fund, the fiscal body
of the political subdivision shall order the balance of that fund to be
transferred as follows, unless a statute provides that it be transferred
otherwise:
(1) Funds of a county, to the general fund or rainy day fund of the
county, as provided in section 5.1 of this chapter.
(2) Funds of a municipality, to the general fund or rainy day fund
of the municipality, as provided in section 5.1 of this chapter.
(3) Funds of a township for redemption of township assistance
obligations, to the township assistance fund of the township or
rainy day fund of the township, as provided in section 5.1 of this
chapter.
(4) Funds of any other political subdivision, to the general fund or
rainy day fund of the political subdivision, as provided in section
5.1 of this chapter. However, if the political subdivision is
dissolved or does not have a general fund or rainy day fund, then
to the general fund of each of the units located in the political
subdivision in the same proportion that the assessed valuation of
the unit bears to the total assessed valuation of the political
subdivision.
(c) Whenever an unused and unencumbered balance remains in the
civil township fund of a township and a current tax levy for the fund is
not needed, the township fiscal body may order any part of the balance
of that fund transferred to the debt service fund of the school
corporation located in or partly in the township. but However, if more
than one (1) school corporation is located in or partly in the township,
then any sum transferred shall be transferred to the debt service fund
of each of those school corporations in the same proportion that the
part of the assessed valuation of the school corporation in the township
bears to the total assessed valuation of the township.
(d) If there is:
(1) an unexpended balance in the debt service fund of any school
township; and
(2) no outstanding bonded or other indebtedness of the school
township to the payment of which the unexpended balance or any
part of the unexpended balance can be legally applied;
the township trustee of the township, with the approval of the township
board, may transfer the unexpended balance in the debt service fund
to the school general fund of the school township.
(e) Whenever any township has collected any fund for the special
or specific purpose of erecting or constructing a school building and
the township trustee of the township decides to abandon the proposed
work of erecting or constructing the school building, the township
trustee of the township shall transfer the fund collected for the special
or specific purpose to the township fund of the township, upon the
order of the township board to make the transfer. It is lawful thereafter
to use the funds for any purpose for which the township funds of the
township may be used.
(d) (f) Transfers to a political subdivision's rainy day fund must may
be made after the last day of at any time during the political
subdivision's fiscal year. and before March 1 of the subsequent
calendar year.
SOURCE: IC 36-1-12-14; (07)HE1084.1.239. -->
SECTION 239. IC 36-1-12-14, AS AMENDED BY P.L.120-2006,
SECTION 5, AND AS AMENDED BY P.L.2-2006, SECTION 189, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 14. (a) This section applies to
public work contracts in excess of one hundred thousand dollars
($100,000) for projects other than highways, roads, streets, alleys,
bridges, and appurtenant structures situated on streets, alleys, and
dedicated highway rights-of-way. This section also applies to a lessor
corporation qualifying under
IC 21-5-11 IC 20-47-2 or
IC 21-5-12
IC 20-47-3 or any other lease-back arrangement containing an option
to purchase, notwithstanding the statutory provisions governing those
leases.
(b) A board that enters into a contract for public work, and a
contractor who subcontracts parts of that contract, shall include in their
respective contracts provisions for the retainage of portions of
payments by the board to contractors, by contractors to subcontractors,
and for the payment of subcontractors. At the discretion of the
contractor, the retainage shall be held by the board or shall be placed
in an escrow account with a bank, savings and loan institution, or the
state as the escrow agent. The escrow agent shall be selected by mutual
agreement between board and contractor or contractor and
subcontractor under a written agreement among the bank or savings
and loan institution and:
(1) the board and the contractor; or
(2) the subcontractor and the contractor.
The board shall not be required to pay interest on the amounts of
retainage that it holds under this section.
(c) To determine the amount of retainage to be withheld, the board
shall:
(1) withhold no more than ten percent (10%) of the dollar value
of all work satisfactorily completed until the public work is fifty
percent (50%) completed, and nothing further after that; or
(2) withhold no more than five percent (5%) of the dollar value of
all work satisfactorily completed until the public work is
substantially completed.
If upon substantial completion of the public work minor items remain
uncompleted, an amount computed under subsection (f) of this section
shall be withheld until those items are completed.
(d) The escrow agreement must contain the following provisions:
(1) The escrow agent shall invest all escrowed principal in
obligations selected by the escrow agent.
(2) The escrow agent shall hold the escrowed principal and
income until receipt of notice from the board and the contractor,
or the contractor and the subcontractor, specifying the part of the
escrowed principal to be released from the escrow and the person
to whom that portion is to be released. After receipt of the notice,
the escrow agent shall remit the designated part of escrowed
principal and the same proportion of then escrowed income to the
person specified in the notice.
(3) The escrow agent shall be compensated for the agent's
services. The parties may agree on a reasonable fee comparable
with fees being charged for the handling of escrow accounts of
similar size and duration. The fee shall be paid from the escrowed
income.
The escrow agreement may include other terms and conditions
consistent with this subsection, including provisions authorizing the
escrow agent to commingle the escrowed funds with funds held in
other escrow accounts and limiting the liability of the escrow agent.
(e) Except as provided by subsection (i), the contractor shall furnish
the board with a performance bond equal to the contract price. If
acceptable to the board, the performance bond may provide for
incremental bonding in the form of multiple or chronological bonds
that, when taken as a whole, equal the contract price. The surety on the
performance bond may not be released until one (1) year after the date
of the board's final settlement with the contractor. The performance
bond must specify that:
(1) a modification, omission, or addition to the terms and
conditions of the public work contract, plans, specifications,
drawings, or profile;
(2) a defect in the public work contract; or
(3) a defect in the proceedings preliminary to the letting and
awarding of the public work contract;
does not discharge the surety.
(f) The board or escrow agent shall pay the contractor within
sixty-one (61) days after the date of substantial completion, subject to
sections 11 and 12 of this chapter. Payment by the escrow agent shall
include all escrowed principal and escrowed income. If within
sixty-one (61) days after the date of substantial completion there
remain uncompleted minor items, an amount equal to two hundred
percent (200%) of the value of each item as determined by the
architect-engineer shall be withheld until the item is completed.
Required warranties begin not later than the date of substantial
completion.
(g) Actions against a surety on a performance bond must be brought
within one (1) year after the date of the board's final settlement with the
contractor.
(h) This subsection applies to public work contracts of less than two
hundred fifty thousand dollars ($250,000). The board may waive the
performance bond requirement of subsection (e) and accept from a
contractor an irrevocable letter of credit for an equivalent amount from
an Indiana financial institution approved by the department of financial
institutions instead of a performance bond. Subsections (e) through (g)
apply to a letter of credit submitted under this subsection.
(i) This subsection applies to the Indiana stadium and convention
building authority created by IC 5-1-17-6. The board awarding the
contract for a capital improvement project may waive any performance
bond requirement if the board, after public notice and hearing,
determines:
(1) that:
(A) an otherwise responsive and responsible bidder is unable
to provide the performance bond; or
(B) the cost or coverage of the performance bond is not in the
best interest of the project; and
(2) that an adequate alternative is provided through a letter of
credit, additional retainage of at least ten percent (10%) of the
contract amount, a joint payable check system, or other sufficient
protective mechanism.
SOURCE: IC 36-2-14-21; (07)HE1084.1.240. -->
SECTION 240. IC 36-2-14-21 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 21. (a) As used in
this section, "health records" means written, electronic, or printed
information possessed by a provider concerning any diagnosis,
treatment, or prognosis of the patient. The term includes mental health
records, alcohol and drug abuse records, and emergency ambulance
service records.
(b) As used in this section, "provider" has the meaning set forth in
IC 16-18-2-295(a). IC 16-18-2-295(b).
(c) As part of a medical examination or autopsy conducted under
this chapter, a coroner may obtain a copy of the decedent's health
records.
(d) Except as provided in subsection (e), health records obtained
under this section are confidential.
(e) The coroner may provide the health records of a decedent that
were obtained under this section to a prosecuting attorney or law
enforcement agency that is investigating the individual's death. Health
records received from a coroner under this subsection are confidential.
(f) A person who receives confidential records or information under
this section and knowingly or intentionally discloses the records or
information to an unauthorized person commits a Class A
misdemeanor.
SOURCE: IC 36-7.5-2-3; (07)HE1084.1.241. -->
SECTION 241. IC 36-7.5-2-3, AS AMENDED BY P.L.47-2006,
SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. (a) The development authority is governed
by the development board appointed under this section.
(b) Except as provided in subsections (e) and (f), the development
board is composed of the following seven (7) members:
(1) Two (2) members appointed by the governor. One (1) of the
members appointed by the governor under this subdivision must
be an individual nominated under subsection (d). The members
appointed by the governor under this subdivision serve at the
pleasure of the governor.
(2) The following members from a county having a population of
more than four hundred thousand (400,000) but less than seven
hundred thousand (700,000):
(A) One (1) member appointed by the mayor of the largest city
in the county in which a riverboat is located.
(B) One (1) member appointed by the mayor of the second
largest city in the county in which a riverboat is located.
(C) One (1) member appointed by the mayor of the third
largest city in the county in which a riverboat is located.
(D) One (1) member appointed jointly by the county executive
and the county fiscal body. A member appointed under this
clause may not reside in a city described in clause (A), (B), or
(C).
(3) One (1) member appointed jointly by the county executive and
county fiscal body of a county having a population of more than
one hundred forty-five thousand (145,000) but less than one
hundred forty-eight thousand (148,000).
(c) A member appointed to the development board must have
knowledge and at least five (5) years professional work experience in
at least one (1) of the following:
(1) Rail transportation or air transportation.
(2) Regional economic development.
(3) Business or finance.
(d) The mayor of the largest city in a county having a population of
more than one hundred forty-five thousand (145,000) but less than one
hundred forty-eight thousand (148,000) shall nominate three (3)
residents of the county for appointment to the development board. One
(1) of the governor's initial appointments under subsection (b)(1) must
be an individual nominated by the mayor. At the expiration of the
member's term, the mayor of the second largest city in the county shall
nominate three (3) residents of the county for appointment to the
development board. One (1) of the governor's appointments under
subsection (b)(1) must be an individual nominated by the mayor.
Thereafter, the authority to nominate the three (3)
members
individuals from
which among whom the governor shall make an
appointment under subsection (b)(1) shall alternate between the mayors
of the largest and the second largest city in the county at the expiration
of a member's term.
(e) A county having a population of more than one hundred ten
thousand (110,000) but less than one hundred fifteen thousand
(115,000) shall be an eligible county participating in the development
authority if the fiscal body of the county adopts an ordinance before
September 15, 2006, providing that the county is joining the
development authority, and the fiscal body of a city that is located in
the county and that has a population of more than thirty-two thousand
eight hundred (32,800) but less than thirty-three thousand (33,000)
adopts an ordinance before September 15, 2006, providing that the city
is joining the development authority. Notwithstanding subsection (b),
if ordinances are adopted under this subsection and the county becomes
an eligible county participating in the development authority:
(1) the development board shall be composed of nine (9)
members rather than seven (7) members; and
(2) the additional two (2) members shall be appointed in the
following manner:
(A) One (1) additional member shall be appointed by the
governor and shall serve at the pleasure of the governor. The
member appointed under this clause must be an individual
nominated under subsection (f).
(B) One (1) additional member shall be appointed jointly by
the county executive and county fiscal body.
(f) This subsection applies only if the county described in subsection
(e) is an eligible county participating in the development authority. The
mayor of the largest city in the county described in subsection (e) shall
nominate three (3) residents of the county for appointment to the
development board. The governor's initial appointment under
subsection (e)(2)(A) must be an individual nominated by the mayor. At
the expiration of the member's term, the mayor of the second largest
city in the county described in subsection (e) shall nominate three (3)
residents of the county for appointment to the development board. The
governor's second appointment under subsection (e)(2)(A) must be an
individual nominated by the mayor. Thereafter, the authority to
nominate the three (3) individuals from among whom the governor
shall make an appointment under subsection (e)(2)(A) shall alternate
between the mayors of the largest and the second largest city in the
county at the expiration of a member's term.
(g) An individual or entity required to make an appointment under
subsection (b) or nominations under subsection (d) must make the
initial appointment before September 1, 2005, or the initial nomination
before August 15, 2005. If an individual or entity does not make an
initial appointment under subsection (b) before September 1, 2005, or
the initial nominations required under subsection (d) before September
1, 2005, the governor shall instead make the initial appointment.
SOURCE: IC 36-8-8-13.8; (07)HE1084.1.242. -->
SECTION 242. IC 36-8-8-13.8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 13.8. (a) This
section applies to an active or retired member who dies other than in
the line of duty (as defined in section 14.1 of this chapter) after August
31, 1982.
(b) If a fund member dies while receiving retirement or disability
benefits, the following apply:
(1) Except as otherwise provided in this subsection, each of the
member's surviving children is entitled to a monthly benefit equal
to twenty percent (20%) of the fund member's monthly benefit:
(A) until the child becomes eighteen (18) years of age; or
(B) 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;
whichever period is longer. However, if the board finds upon the
submission of satisfactory proof that a child who is at least
eighteen (18) years of age is mentally or physically incapacitated,
is not a ward of the state, and is not receiving a benefit under
clause (B), the child is entitled to receive an amount each month
that is equal to the greater of thirty percent (30%) of the monthly
pay of a first class patrolman or first class firefighter or fifty-five
percent (55%) of the monthly benefit the deceased member was
receiving or was entitled to receive on the date of the member's
death as long as the mental or physical incapacity of the child
continues. Benefits paid for a child shall be paid to the surviving
parent as long as the child resides with and is supported by the
surviving parent. If the surviving parent dies, the benefits shall be
paid to the legal guardian of the child.
(2) The member's surviving spouse is entitled to a monthly benefit
equal to sixty percent (60%) of the fund member's monthly
benefit during the spouse's lifetime. If the spouse remarried before
September 1, 1983, and benefits ceased on the date of remarriage,
the benefits for the surviving spouse shall be reinstated on July 1,
1997, and continue during the life of the surviving spouse.
If a fund member dies while receiving retirement or disability benefits,
there is no surviving eligible child or spouse, and there is proof
satisfactory to the local board, subject to review in the manner
specified in section 13.1(b) 13.1(c) of this chapter, that the parent was
wholly dependent on the fund member, the member's surviving parent
is entitled, or both surviving parents if qualified are entitled jointly, to
receive fifty percent (50%) of the fund member's monthly benefit
during the parent's or parents' lifetime.
(c) Except as otherwise provided in this subsection, if a fund
member dies while on active duty or while retired and not receiving
benefits, the member's children and the member's spouse, or the
member's parent or parents are entitled to receive a monthly benefit
determined under subsection (b). If the fund member did not have at
least twenty (20) years of service or was not at least fifty-two (52) years
of age, the benefit is computed as if the member:
(1) did have twenty (20) years of service; and
(2) was fifty-two (52) years of age.
SOURCE: IC 36-8-8-13.9; (07)HE1084.1.243. -->
SECTION 243. IC 36-8-8-13.9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 13.9. (a) This
section applies to an active member who died in the line of duty (as
defined in section 14.1 of this chapter) before September 1, 1982.
(b) Except as otherwise provided in this subsection, if a fund
member dies in the line of duty, the following apply:
(1) Each of the member's surviving children is entitled to a
monthly benefit equal to twenty percent (20%) of the fund
member's monthly benefit:
(A) until the child becomes eighteen (18) years of age; or
(B) 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;
whichever period is longer. However, if the board finds upon the
submission of satisfactory proof that a child who is at least
eighteen (18) years of age is mentally or physically incapacitated,
is not a ward of the state, and is not receiving a benefit under
clause (B), the child is entitled to receive an amount each month
that is equal to the greater of thirty percent (30%) of the monthly
pay of a first class patrolman or first class firefighter or fifty-five
percent (55%) of the monthly benefit the deceased member was
receiving or was entitled to receive on the date of the member's
death as long as the mental or physical incapacity of the child
continues. Benefits paid for a child shall be paid to the surviving
parent as long as the child resides with and is supported by the
surviving parent. If the surviving parent dies, the benefits shall be
paid to the legal guardian of the child.
(2) The member's surviving spouse is entitled to a monthly benefit
equal to sixty percent (60%) of the fund member's monthly
benefit during the spouse's lifetime. If the spouse remarried before
September 1, 1983, and benefits ceased on the date of remarriage,
the benefits for the surviving spouse shall be reinstated on July 1,
1997, and continue during the life of the surviving spouse.
If there is no surviving eligible child or spouse, and there is proof
satisfactory to the local board, subject to review in the manner
specified in section 13.1(b) 13.1(c) of this chapter, that the parent was
wholly dependent on the fund member, the member's surviving parent
is entitled, or both surviving parents if qualified are entitled jointly, to
receive fifty percent (50%) of the fund member's monthly benefit
during the parent's or parents' lifetime.
(c) If the fund member did not have at least twenty (20) years of
service or was not at least fifty-two (52) years of age, the benefit under
subsection (b) is computed as if the member:
(1) did have twenty (20) years of service; and
(2) was fifty-two (52) years of age.
(d) The unit of local government that employed the deceased
member shall after December 31, 2003, offer to provide and pay for
health insurance coverage for the member's surviving spouse and for
each natural child, stepchild, or adopted child of the member:
(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 active members, the health insurance provided to a surviving
spouse and child under this subsection must be equal in coverage to
that offered to active members. The offer to provide and pay for health
insurance 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
member is eligible for coverage under subdivision (1), (2), or (3).
SOURCE: IC 36-8-8-14.1; (07)HE1084.1.244. -->
SECTION 244. IC 36-8-8-14.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 14.1. (a) Benefits
paid under this section are subject to section 2.5 of this chapter.
(b) This section applies to an active member who dies in the line of
duty after August 31, 1982.
(c) If a fund member dies in the line of duty after August 31, 1982,
the member's surviving spouse is entitled to a monthly benefit during
the spouse's lifetime, equal to the benefit to which the member would
have been entitled on the date of the member's death, but not less than
the benefit payable to a member with twenty (20) years service at
fifty-two (52) years of age. If the spouse remarried before September
1, 1983, and benefits ceased on the date of remarriage, the benefits for
the surviving spouse shall be reinstated on July 1, 1997, and continue
during the life of the surviving spouse.
(d) If a fund member dies in the line of duty, each of the member's
surviving children is entitled to a monthly benefit equal to twenty
percent (20%) of the fund member's monthly benefit:
(1) until the child reaches eighteen (18) years of age; or
(2) until the child reaches 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;
whichever period is longer. However, if the board finds upon the
submission of satisfactory proof that a child who is at least eighteen
(18) years of age is mentally or physically incapacitated, is not a ward
of the state, and is not receiving a benefit under subdivision (2), the
child is entitled to receive an amount each month that is equal to the
greater of thirty percent (30%) of the monthly pay of a first class
patrolman or first class firefighter or fifty-five percent (55%) of the
monthly benefit the deceased member was receiving or was entitled to
receive on the date of the member's death as long as the mental or
physical incapacity of the child continues. Benefits paid for a child
shall be paid to the surviving parent as long as the child resides with
and is supported by the surviving parent. If the surviving parent dies,
the benefits shall be paid to the legal guardian of the child.
(e) If there is no surviving eligible child or spouse, and there is
proof satisfactory to the local board, subject to review in the manner
specified in section 13.1(b) 13.1(c) of this chapter, that the parent was
wholly dependent on the fund member, the member's surviving parent
is entitled, or both surviving parents if qualified are entitled jointly, to
receive fifty percent (50%) of the fund member's monthly benefit
during the parent's or parents' lifetime.
(f) If the fund member did not have at least twenty (20) years of
service or was not at least fifty-two (52) years old, the benefit is
computed as if the member:
(1) did have twenty (20) years of service; and
(2) was fifty-two (52) years of age.
(g) For purposes of this section, "dies in the line of duty" means
death that occurs as a direct result of personal injury or illness caused
by incident, accident, or violence that results from:
(1) any action that the member, in the member's capacity as a
police officer:
(A) is obligated or authorized by rule, regulation, condition of
employment or service, or law to perform; or
(B) performs in the course of controlling or reducing crime or
enforcing the criminal law; or
(2) any action that the member, in the member's capacity as a
firefighter:
(A) is obligated or authorized by rule, regulation, condition of
employment or service, or law to perform; or
(B) performs while on the scene of an emergency run
(including false alarms) or on the way to or from the scene.
The term includes a death presumed incurred in the line of duty under
IC 5-10-13.
(h) The unit of local government that employed the deceased
member shall after December 31, 2003, offer to provide and pay for
health insurance coverage for the member's surviving spouse and for
each natural child, stepchild, or adopted child of the member:
(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 active members, the health insurance provided to a surviving
spouse and child under this subsection must be equal in coverage to
that offered to active members. The offer to provide and pay for health
insurance 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
member is eligible for coverage under subdivision (1), (2), or (3).
SOURCE: IC 36-9-3-5; (07)HE1084.1.245. -->
SECTION 245. IC 36-9-3-5, AS AMENDED BY P.L.1-2006,
SECTION 584, AND AS AMENDED BY P.L.169-2006, SECTION
79, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 5. (a) An authority is under the
control of a board (referred to as "the board" in this chapter) that,
except as provided in subsections (b) and (c), consists of:
(1) two (2) members appointed by the executive of each county in
the authority;
(2) one (1) member appointed by the executive of the largest
municipality in each county in the authority;
(3) one (1) member appointed by the executive of each second
class city in a county in the authority; and
(4) one (1) member from any other political subdivision that has
public transportation responsibilities in a county in the authority.
(b) An authority that includes a consolidated city is under the
control of a board consisting of the following:
(1) Two (2) members appointed by the executive of the county
having the consolidated city.
(2) One (1) member appointed by the board of commissioners of
the county having the consolidated city.
(3) One (1) member appointed by the executive of each other
county in the authority.
(4) Two (2) members appointed by the governor from a list of at
least five (5) names provided by the Indianapolis regional
transportation council.
(5) One (1) member representing the four (4) largest
municipalities in the authority located in a county other than a
county containing a consolidated city. The member shall be
appointed by the executives of the municipalities acting jointly.
(6) One (1) member representing the excluded cities located in a
county containing a consolidated city that are members of the
authority. The member shall be appointed by the executives of the
excluded cities acting jointly.
(7) One (1) member of a labor organization representing
employees of the authority who provide public transportation
services within the geographic jurisdiction of the authority. The
labor organization shall appoint the member.
(c) An authority that includes a county having a population of more
than four hundred thousand (400,000) but less than seven hundred
thousand (700,000) is under the control of a board consisting of the
following nineteen (19) twenty-one (21) members:
(1) Three (3) members appointed by the executive of a city with
a population of more than ninety thousand (90,000) but less than
one hundred five thousand (105,000).
(2) Two (2) members appointed by the executive of a city with a
population of more than seventy-five thousand (75,000) but less
than ninety thousand (90,000).
(3) One (1) member jointly appointed by the executives of the
following municipalities located within a county having a
population of more than four hundred thousand (400,000) but less
than seven hundred thousand (700,000):
(A) A city with a population of more than five thousand one
hundred thirty-five (5,135) but less than five thousand two
hundred (5,200).
(B) A city with a population of more than thirty-two thousand
(32,000) but less than thirty-two thousand eight hundred
(32,800).
(4) One (1) member who is jointly appointed by the fiscal body of
the following municipalities located within a county with a
population of more than four hundred thousand (400,000) but less
than seven hundred thousand (700,000):
(A) A town with a population of more than fifteen thousand
(15,000) but less than twenty thousand (20,000).
(B) A town with a population of more than twenty-three
thousand (23,000) but less than twenty-four thousand
(24,000).
(C) A town with a population of more than twenty thousand
(20,000) but less than twenty-three thousand (23,000).
(5) One (1) member who is jointly appointed by the fiscal body of
the following municipalities located within a county with a
population of more than four hundred thousand (400,000) but less
than seven hundred thousand (700,000):
(A) A town with a population of more than eight thousand
(8,000) but less than nine thousand (9,000).
(B) A town with a population of more than twenty-four
thousand (24,000) but less than thirty thousand (30,000).
(C) A town with a population of more than twelve thousand
five hundred (12,500) but less than fifteen thousand (15,000).
(6) One (1) member who is jointly appointed by the following
authorities of municipalities located in a county having a
population of more than four hundred thousand (400,000) but less
than seven hundred thousand (700,000):
(A) The executive of a city with a population of more than
nineteen thousand eight hundred (19,800) but less than
twenty-one thousand (21,000).
(B) The fiscal body of a town with a population of more than
nine thousand (9,000) but less than twelve thousand five
hundred (12,500).
(C) The fiscal body of a town with a population of more than
five thousand (5,000) but less than eight thousand (8,000).
(D) The fiscal body of a town with a population of less than
one thousand five hundred (1,500).
(E) The fiscal body of a town with a population of more than
two thousand two hundred (2,200) but less than five thousand
(5,000).
(7) One (1) member appointed by the fiscal body of a town with
a population of more than thirty thousand (30,000) located within
a county with a population of more than four hundred thousand
(400,000) but less than seven hundred thousand (700,000).
(8) One (1) member who is jointly appointed by the following
authorities of municipalities that are located within a county with
a population of more than four hundred thousand (400,000) but
less than seven hundred thousand (700,000):
(A) The executive of a city having a population of more than
twenty-five thousand (25,000) but less than twenty-seven
thousand (27,000).
(B) The executive of a city having a population of more than
thirteen thousand nine hundred (13,900) but less than fourteen
thousand two hundred (14,200).
(C) The fiscal body of a town having a population of more
than one thousand five hundred (1,500) but less than two
thousand two hundred (2,200).
(9) Three (3) members appointed by the fiscal body of a county
with a population of more than four hundred thousand (400,000)
but less than seven hundred thousand (700,000).
(10) One (1) member appointed by the county executive of a
county with a population of more than four hundred thousand
(400,000) but less than seven hundred thousand (700,000).
(11) One (1) member of a labor organization representing
employees of the authority who provide public transportation
services within the geographic jurisdiction of the authority. The
labor organization shall appoint the member. If more than one (1)
labor organization represents the employees of the authority, each
organization shall submit one (1) name to the governor, and the
governor shall appoint the member from the list of names
submitted by the organizations.
(12) The executive of a city with a population of more than
twenty-seven thousand four hundred (27,400) but less than
twenty-eight thousand (28,000), located within a county with a
population of more than one hundred forty-five thousand
(145,000) but less than one hundred forty-eight thousand
(148,000), or the executive's designee.
(13) The executive of a city with a population of more than
thirty-three thousand (33,000) but less than thirty-six thousand
(36,000), located within a county with a population of more than
one hundred forty-five thousand (145,000) but less than one
hundred forty-eight thousand (148,000), or the executive's
designee.
(14) One (1) member of the board of commissioners of a county
with a population of more than one hundred forty-five thousand
(145,000) but less than one hundred forty-eight thousand
(148,000), appointed by the board of commissioners, or the
member's designee.
(15) One (1) member appointed jointly by the township executive
of the township containing the following towns:
(A) Chesterton.
(B) Porter.
(C) Burns Harbor.
(D) Dune Acres.
The member appointed under this subdivision must be a resident
of a town listed in this subdivision.
(16) One (1) member appointed jointly by the township executives
of the following townships located in Porter County:
(A) Washington Township.
(B) Morgan Township.
(C) Pleasant Township.
(D) Boone Township.
(E) Union Township.
(F) Porter Township.
(G) Jackson Township.
(H) Liberty Township.
(I) Pine Township.
The member appointed under this subdivision must be a resident
of a township listed in this subdivision.
SOURCE: IC 36-9-3-9; (07)HE1084.1.246. -->
SECTION 246. IC 36-9-3-9, AS AMENDED BY P.L.1-2006,
SECTION 585, AND AS AMENDED BY P.L.169-2006, SECTION
80, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 9. (a) A majority of the
members appointed to the board constitutes a quorum for a meeting.
(b) Except as provided in subsections subsection (c), and (d), the
board may act officially by an affirmative vote of a majority of those
present at the meeting at which the action is taken.
(c) If the authority includes a county having a population of more
than four hundred thousand (400,000) but less than seven hundred
thousand (700,000), then:
(1) an affirmative vote of a majority of the board is necessary for
an action to be taken; and
(2) a vacancy in membership does not impair the right of a
quorum to exercise all rights and perform all duties of the board.
(d) This subsection applies to an authority that includes a county
having a population of more than four hundred thousand (400,000) but
less than seven hundred thousand (700,000). A member described in
section 5(c)(12), 5(c)(13), or 5(c)(14) of this chapter may not vote on
the distribution or payment of money by the authority unless a county
with a population of more than one hundred forty-five thousand
(145,000) but less than one hundred forty-eight thousand (148,000)
pays to the authority the county's share of the authority's budget under
this chapter and as agreed by the counties participating in the
authority.
SOURCE: IC 36-9-23-5; (07)HE1084.1.247. -->
SECTION 247. IC 36-9-23-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5. As used in the
following sections 6 through 36 of this chapter, "board" means:
(1) the municipal works board; or
(2) if the municipality has transferred the powers and duties of the
works board under section 3 of this chapter, the:
(A) sanitary board; or
(B) utility service board;
to which those powers have been transferred.
SOURCE: IC 4-4-31; IC 6-1.1-4-32; IC 6-1.1-4-33; IC 6-1.1-4-34;
IC 6-1.1-4-35; IC 6-1.1-4-36; IC 6-1.1-4-37; IC 6-1.1-4-38; IC 6-3.1-
22.2; IC 6-6-5-7.9; IC 9-18-15-13; IC 9-24-15-10; IC 12-7-2-104; IC
12-15-11.5-3.1; IC 12-15-11.5-4.2; IC 12-17.2-3.2; IC 13-17-5-6.7;
IC 15-1.5-10.5-5; IC 15-8; IC 20-20-21; IC 25-23.2; IC 27-8-5.7-9; IC
27-8-10-2.2; IC 27-8-10-14; IC 27-13-36.2-7; IC 31-9-2-95.5; IC 31-
25-4-6; IC 31-25-4-13; IC 31-25-4-14; IC 33-28-3-3; IC 33-29-2-3;
IC 33-30-5-1; IC 33-35-3-8; IC 33-37-4-5.
; (07)HE1084.1.248. -->
SECTION 248. THE FOLLOWING ARE REPEALED
[EFFECTIVE UPON PASSAGE]: IC 4-4-31; IC 6-1.1-4-32;
IC 6-1.1-4-33; IC 6-1.1-4-34; IC 6-1.1-4-35; IC 6-1.1-4-36;
IC 6-1.1-4-37; IC 6-1.1-4-38; IC 6-3.1-22.2; IC 6-6-5-7.9;
IC 9-18-15-13; IC 9-24-15-10; IC 12-7-2-104; IC 12-15-11.5-3.1;
IC 12-15-11.5-4.2; IC 12-17.2-3.2; IC 13-17-5-6.7; IC 15-1.5-10.5-5;
IC 15-8; IC 20-20-21; IC 25-23.2; IC 27-8-5.7-9; IC 27-8-10-2.2;
IC 27-8-10-14; IC 27-13-36.2-7; IC 31-9-2-95.5; IC 31-25-4-6;
IC 31-25-4-13; IC 31-25-4-14; IC 33-28-3-3; IC 33-29-2-3;
IC 33-30-5-1; IC 33-35-3-8; IC 33-37-4-5.
SOURCE: ; (07)HE1084.1.249. -->
SECTION 249.
An emergency is declared for this act.
HEA 1084
Figure
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