Reprinted
April 14, 2009
ENGROSSED
HOUSE BILL No. 1001
_____
DIGEST OF HB 1001
(Updated April 13, 2009 6:48 pm - DI 73)
Citations Affected:
IC 4-4; IC 4-13; IC 4-31; IC 4-33; IC 4-35;
IC 5-1; IC 5-10; IC 5-28; IC 6-1.1; IC 6-3; IC 6-3.1; IC 6-3.5; IC 6-5.5;
IC 6-7; IC 9-20; IC 12-7; IC 12-8; IC 12-12; IC 20-20; IC 20-23;
IC 20-24; IC 20-30; IC 20-33; IC 20-40; IC 20-43; IC 20-45; IC 20-46;
IC 20-49; IC 20-51; IC 21-29; IC 31-19; IC 31-25; IC 31-27; IC 31-33;
IC 31-39; IC 33-24; IC 33-37; IC 33-39; IC 34-30; IC 36-1; IC 36-4;
IC 36-5; noncode.
Synopsis: Budget bill. Makes appropriations for the biennium for the
operation of state government and various other uses. Authorizes the
issuance of bonds for various capital projects. Adds requirements
concerning money available under the federal American Recovery and
Reinvestment Act of 2009 (ARRA) for: (1) grants to local education
agencies based on Title I of the Elementary and Secondary Education
Act of 1965; and (2) special education funding. Specifies that the
governor is solely authorized to accept on behalf of the state any and
all ARRA funds available to the state. Requires the governor to submit
a report covering applications filed and any action necessary to qualify
the state for the ARRA funds to the executive director of the legislative
services agency. Directs the governor to seek a waiver from the
Secretary of the federal Department of Education if it is determined
that Indiana does not meet the requirements of the federal American
Recovery and Reinvestment Act of 2009 concerning the state fiscal
stabilization fund administered by the federal Department of
Education. Authorizes a local unit issuing debt to provide for a
(Continued next page)
Effective: Upon passage;
July 1, 2008 (retroactive); October 1, 2008
(retroactive); January 1, 2009 (retroactive); February 1, 2009,
(retroactive); July 1, 2009; January 1, 2010.
Crawford, Pelath
(SENATE SPONSORS _ KENLEY, BRODEN)
January 12, 2009, read first time and referred to Committee on Ways and Means.
February 17, 2009, amended, reported _ Do Pass.
February 19, 2009, read second time, ordered engrossed. Engrossed.
February 20, 2009, read third time, passed. Yeas 52, nays 44.
SENATE ACTION
February 23, 2009, read first time and referred to Committee on Appropriations.
April 9, 2009, amended, reported favorably _ Do Pass.
April 13, 2009, read second time, amended, ordered engrossed.
repayment schedule that will result in the same or a lower amount of
interest being paid on obligations that would be issued using nearly
equal payment amounts. Prohibits the Indiana horse racing commission
and the Indiana gaming commission from: (1) imposing, charging, or
collecting by rule a fee that is not authorized by statute on any party to
a proposed transfer of an ownership interest in a license; or (2) making
the approval of a proposed transfer of an ownership interest in a license
contingent upon the payment of any amount that is not authorized by
statute. Amends the definition of "Internal Revenue Code" used in
Indiana statutes and regulations to refer to the Internal Revenue Code
in effect on February 17, 2009. Requires an add back to Indiana
adjusted gross income of any amounts relating to: (1) the first $2,400
of unemployment compensation excluded from federal income under
Section 85(c) of the Internal Revenue Code; (2) the exclusion from
income for discharged debt on principal residences; (3) the deferral of
income from certain discharged debt under Section 108(i) of the
Internal Revenue Code; (4) the additional deduction attributable to the
15-year straight-line depreciation for new restaurants; (5) the additional
deduction attributable to the 15-year straight-line depreciation for
certain retail improvements; (6) the additional deduction attributable
to the special allowance for qualified disaster assistance property; (7)
the deduction for an election to expense costs related to certain
refineries; (8) the deduction for an election to expense costs for certain
qualified film and television productions; (9) ordinary income
treatment for the gain or loss from the sale of Fannie Mae or Freddie
Mac stock; and (10) the exception for active financing income for
insurance companies and financial institutions under Section 953(e) of
the Internal Revenue Code (known as the Subpart F exception for
active financing income). Provides that when calculating the deduction
for unemployment compensation, the first $2,400 of unemployment
compensation excluded from federal income under Section 85(c) of the
Internal Revenue Code should be considered. Requires that two years
be used instead of five years for the net operating loss carryback period
for small businesses. Requires the use of a five year carryback period
for net operating losses for qualified disaster losses. Reallocates the
cigarette tax revenue that is used to offset the employer health plan tax
credit to a new state retiree health benefit trust fund. Provides that a
taxpayer is entitled to a state tax credit for a contribution to a
scholarship granting organization. Provides that the contribution must
be used by the scholarship granting organization in a scholarship
program to provide scholarships to eligible students. Limits the total
amount of tax credits that may be awarded to $5,000,000 in any state
fiscal year. Provides that any special volume cap regarding bonds
issued under a federal act providing the cap is in addition to the volume
cap under Section 146 of the Internal Revenue Code. Provides that the
Indiana finance authority is responsible for determining any allocation
of special volume caps. Provides that the office of the secretary of
family and social services may implement and require the use of
tamper resistant prescription drug forms in any health care program
administered by the office of the secretary. Establishes the office of the
department of child services ombudsman. Specifies that the
ombudsman may receive, investigate, and attempt to resolve
complaints that the department of child services has failed to follow a
specific law, rule, or policy, and thereby failed to protect the health or
safety of a child. Provides that the ombudsman may review certain
records, and prohibits the redisclosure of certain confidential records.
Provides that the total gross weight with load of a vehicle or
combination of vehicles transporting an ocean going container may not
exceed 95,000 pounds. (The current weight limit may not exceed
90,000 pounds.) Requires a school corporation with an ADM on June
30, 2009, of less than 100 students to reorganize by consolidating with
an adjacent school corporation under the school consolidation
provisions. Delays the implementation of fiscal year budgeting for
school corporations until the budget year beginning July 1, 2011.
Changes the membership of the statewide independent living council.
Repeals the statutes allowing school corporations to use money in their
capital projects funds for utilities and insurance. Provides that a charter
(Continued next page)
Digest Continued
school may receive technology funds. Specifies that the Senator David
C. Ford educational technology fund may also be used for a school
technology program that is developed by the department of education
and that may include grants to school corporations for the purchase of:
(1) equipment, hardware, and software; (2) learning and teaching
systems; and (3) other materials; that promote student learning, as
determined by the department. Requires the department of education
to develop a charter school facilities incentive grants program before
January 1, 2010, using priority criteria set forth in federal law.
Specifies that state adult education funding may also be provided to
entities that are eligible providers for purposes of the federal Adult
Education and Family Literacy Act. (Current law limits state adult
education funding to school corporations.) Provides that a charter
school or conversion charter school that has received an advance for
operational costs from the common school fund does not have to make
principal or interest payments during the state fiscal years beginning
July 1, 2009, and July 1, 2010. Extends the repayment terms by two (2)
years to provide for the waiver of payments. Provides funding for a
virtual charter school if the proposed establishment of the virtual
charter school has been reviewed by the state budget committee and
approved by the state department of education. Provides that the
funding amount is the virtual charter school's ADM multiplied by 80%
of the statewide average basic tuition support. Provides that a state
educational institution may not enter into, modify, amend, or terminate
any swap agreement without the specific approval of the public finance
director. Provides that in all civil, criminal, infraction, and ordinance
violation actions, the clerk of the court shall collect an automated
record keeping fee in the following amounts: (1) $7 before July 1,
2009. (2) $5 after June 30, 2009. Provides that the budget agency
(rather than the division of state court administration) administers the
judicial technology and automation project fund. Eliminates the
statutory annual appropriation from the fund. Requires the budget
agency to establish standards and procedures for the judicial
technology and automation project, and authorizes the budget agency
to make grants related to the project. Requires Purdue University and
Indiana University to report to the budget committee on the status of
grants for core life science programs and other research grants.
Specifies that the appropriations for higher education and the state
student assistance commission that are made from money received
under the federal American Recovery and Reinvestment Act of 2009
are intended to be one time appropriations. Authorizes certain
industrial development loans. Eliminates contributions for a participant
in the prosecuting attorneys retirement fund with at least 22 years of
creditable service. For a participant who applies for a retirement benefit
after November 30, 2010, bases the retirement benefit on the salary
being paid for the office with the highest annual salary that the
participant held before or at the time of the participant's separation
from service. Reduces the early retirement reduction factor. Makes
changes to the prosecuting attorneys retirement fund's disability
benefits. Increases the minimum annual survivor benefit from $7,000
to $12,000. Provides that benefit increases paid in state fiscal years
beginning after June 30, 2011, are equal to the percentage by which the
salary being paid for the office with the highest salary that the
participant held before or at the time of the participant's separation
from service increases. Allows an elected county, city, town, or
township officer to waive some or all of the elected officer's
compensation for any year. Repeals a statute that allows only an elected
town officer to waive compensation. Requires the commission for
higher education with the assistance of the state student assistance
commission to study the funding of college scholarship programs
provided by the state student assistance commission and the state's
public universities. Authorizes the Indiana finance authority to issue
bonds to provide additional correctional facilities, at a cost of not more
than $45,000,000. Increases the court administration fee from $5 to $7
for all courts except the Marion County small claims court, and directs
that the additional amount be paid into the prosecuting attorneys
retirement fund. Authorizes the city of Lawrenceburg to enter into one
(Continued next page)
Digest Continued
or more agreements or leases with the Lawrenceburg community
school corporation or another public or private entity to provide for the
construction or renovation of a school building that will be used by the
Lawrenceburg community school corporation. Requires the budget
agency to review the costs of providing employee health, vision, and
dental insurance for state employees and employees of school
corporations and public universities. Establishes the Indiana Soldiers'
and Sailors' Children's Home task force. Requires the task force to
submit a report to the governor and the general assembly before
January 1, 2010. Requires the Indiana finance authority to study the
mission, organization, and management structure of the I-Light Fiber
Optic Network and submit a report to the governor and the legislative
council.
Reprinted
April 14, 2009
First Regular Session 116th General Assembly (2009)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style
type, additions will appear in
this style type, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that
adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles
conflicts between statutes enacted by the 2008 Regular Session of the General Assembly.
ENGROSSED
HOUSE BILL No. 1001
A BILL FOR AN ACT concerning state and local administration
and to make an appropriation.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 4-15-1.8-7. -->
1
SECTION 1. [EFFECTIVE JULY 1, 2009]
2
3
(a) The following definitions apply throughout this act:
4
(1) "Augmentation allowed" means the governor and the budget agency are
5
authorized to add to an appropriation in this act from revenues accruing to the
6
fund from which the appropriation was made.
7
(2) "Biennium" means the period beginning July 1, 2009, and ending June 30, 2011.
8
Appropriations appearing in the biennial column for construction or other permanent
9
improvements do not revert under IC 4-13-2-19 and may be allotted.
10
(3) "Deficiency appropriation" or "special claim" means an appropriation available
11
during the 2008-2009 fiscal year.
12
(4) "Equipment" includes machinery, implements, tools, furniture,
13
furnishings, vehicles, and other articles that have a calculable period of service
14
that exceeds twelve (12) calendar months.
15
(5) "Fee replacement" includes payments to universities to be used to pay indebtedness
16
resulting from financing the cost of planning, purchasing, rehabilitation, construction,
17
repair, leasing, lease-purchasing, or otherwise acquiring land, buildings, facilities,
18
and equipment to be used for academic and instructional purposes.
19
(6) "Federally qualified health center" means a community health center that is designated
19
by the Health Resources Services Administration, Bureau of Primary Health Care, as a
21
Federally Qualified Health Center Look Alike under the FED 330 Consolidated
1
Health Center Program authorization, including Community Health Center (330e),
2
Migrant Health Center (330g), Health Care for the Homeless (330h), Public Housing
3
Primary Care (330i), and School Based Health Centers (330).
4
(7) "Other operating expense" includes payments for "services other than personal",
5
"services by contract", "supplies, materials, and parts", "grants, subsidies, refunds,
6
and awards", "in-state travel", "out-of-state travel", and "equipment".
7
(8) "Pension fund contributions" means the state of Indiana's contributions to a
8
specific retirement fund.
9
(9) "Personal services" includes payments for salaries and wages to officers and
10
employees of the state (either regular or temporary), payments for compensation
11
awards, and the employer's share of Social Security, health insurance, life insurance,
12
dental insurance, vision insurance, deferred compensation - state match, leave
13
conversion, disability, and retirement fund contributions.
14
(10) "SSBG" means the Social Services Block Grant. This was formerly referred to
15
as "Title XX".
16
(11) "State agency" means:
17
(A) each office, officer, board, commission, department, division, bureau, committee,
18
fund, agency, authority, council, or other instrumentality of the state;
19
(B) each hospital, penal institution, and other institutional enterprise of the
20
state;
21
(C) the judicial department of the state; and
22
(D) the legislative department of the state.
23
However, this term does not include cities, towns, townships, school cities, school
24
townships, school districts, other municipal corporations or political subdivisions
25
of the state, or universities and colleges supported in whole or in part by state
26
funds.
27
(12) "State funded community health center" means a public or private not for profit
28
(501(c)(3)) organization that provides comprehensive primary health care services to
29
all age groups.
30
(13) "Total operating expense" includes payments for both "personal services" and
31
"other operating expense".
32
(b) The state board of finance may authorize advances to boards or persons having
33
control of the funds of any institution or department of the state of a sum of
34
money out of any appropriation available at such time for the purpose of establishing
35
working capital to provide for payment of expenses in the case of emergency when
36
immediate payment is necessary or expedient. Advance payments shall be made by
37
warrant by the auditor of state, and properly itemized and receipted bills or invoices
38
shall be filed by the board or persons receiving the advance payments.
39
(c) All money appropriated by this act shall be considered either a direct appropriation
40
or an appropriation from a rotary or revolving fund.
41
(1) Direct appropriations are subject to withdrawal from the state treasury and
42
for expenditure for such purposes, at such time, and in such manner as may be prescribed
43
by law. Direct appropriations are not subject to return and rewithdrawal from the
44
state treasury, except for the correction of an error which may have occurred in
45
any transaction or for reimbursement of expenditures which have occurred in the
46
same fiscal year.
47
(2) A rotary or revolving fund is any designated part of a fund that is set apart
48
as working capital in a manner prescribed by law and devoted to a specific purpose
49
or purposes. The fund consists of earnings and income only from certain sources
1
or a combination thereof. The money in the fund shall be used for the purpose designated
2
by law as working capital. The fund at any time consists of the original appropriation
3
thereto, if any, all receipts accrued to the fund, and all money withdrawn from the
4
fund and invested or to be invested. The fund shall be kept intact by separate entries
5
in the auditor of state's office, and no part thereof shall be used for any purpose
6
other than the lawful purpose of the fund or revert to any other fund at any time.
7
However, any unencumbered excess above any prescribed amount shall be transferred
8
to the state general fund at the close of each fiscal year unless otherwise specified
9
in the Indiana Code.
10
11
SECTION 2. [EFFECTIVE JULY 1, 2009]
12
13
For the conduct of state government, its offices, funds, boards, commissions, departments,
14
societies, associations, services, agencies, and undertakings, and for other appropriations
15
not otherwise provided by statute, the following sums in SECTIONS 3 through 10 are
16
appropriated for the periods of time designated from the general fund of the state
17
of Indiana or other specifically designated funds.
18
19
In this act, whenever there is no specific fund or account designated, the appropriation
20
is from the general fund.
21
22
SECTION 3. [EFFECTIVE JULY 1, 2009]
23
24
GENERAL GOVERNMENT
25
26
A. LEGISLATIVE
27
28
FOR THE GENERAL ASSEMBLY
29
LEGISLATORS' SALARIES - HOUSE
30
Total Operating Expense
6,198,756
6,434,309
31
HOUSE EXPENSES
32
Total Operating Expense
10,549,327
10,950,339
33
LEGISLATORS' SALARIES - SENATE
34
Total Operating Expense
2,247,345
2,342,556
35
SENATE EXPENSES
36
Total Operating Expense
10,413,712
11,812,594
37
38
Included in the above appropriations for house and senate expenses are funds for
39
a legislative business per diem allowance, meals, and other usual and customary expenses
40
associated with legislative affairs. Except as provided below, this allowance is
41
to be paid to each member of the general assembly for every day, including Sundays,
42
during which the general assembly is convened in regular or special session, commencing
43
with the day the session is officially convened and concluding with the day the session
44
is adjourned sine die. However, after five (5) consecutive days of recess, the legislative
45
business per diem allowance is to be made on an individual voucher basis until the
46
recess concludes.
47
48
Members of the general assembly are entitled, when authorized by the speaker of the
49
house or the president pro tempore of the senate, to the legislative business per
1
diem allowance for each and every day engaged in official business.
2
3
The legislative business per diem allowance that each member of the general assembly
4
is entitled to receive equals the maximum daily amount allowable to employees of
5
the executive branch of the federal government for subsistence expenses while away
6
from home in travel status in the Indianapolis area. The legislative business per
7
diem changes each time there is a change in that maximum daily amount.
8
9
In addition to the legislative business per diem allowance, each member of the general
10
assembly shall receive the mileage allowance in an amount equal to the standard mileage
11
rates for personally owned transportation equipment established by the federal Internal
12
Revenue Service for each mile necessarily traveled from the member's usual place
13
of residence to the state capitol. However, if the member traveled by a means other
14
than by motor vehicle, and the member's usual place of residence is more than one
15
hundred (100) miles from the state capitol, the member is entitled to reimbursement
16
in an amount equal to the lowest air travel cost incurred in traveling from the usual
17
place of residence to the state capitol. During the period the general assembly is
18
convened in regular or special session, the mileage allowance shall be limited to
19
one (1) round trip each week per member.
20
21
Any member of the general assembly who is appointed, by the governor, speaker
22
of the house, president or president pro tempore of the senate, house or senate minority
23
floor leader, or Indiana legislative council to serve on any research, study, or
24
survey committee or commission, or who attends any meetings authorized or convened
25
under the auspices of the Indiana legislative council, including pre-session conferences
26
and federal-state relations conferences, is entitled, when authorized by the legislative
27
council, to receive the legislative business per diem allowance for each day in actual
28
attendance and is also entitled to a mileage allowance, at the rate specified above,
29
for each mile necessarily traveled from the member's usual place of residence to
30
the state capitol, or other in-state site of the committee, commission, or conference.
31
The per diem allowance and the mileage allowance permitted under this paragraph shall
32
be paid from the legislative council appropriation for legislator and lay member
33
travel unless the member is attending an out-of-state meeting, as authorized by the
34
speaker of the house of representatives or the president pro tempore of the senate,
35
in which case the member is entitled to receive:
36
(1) the legislative business per diem allowance for each day the member is engaged
37
in approved out-of-state travel; and
38
(2) reimbursement for traveling expenses actually incurred in connection with the
39
member's duties, as provided in the state travel policies and procedures established
40
by the legislative council.
41
42
Notwithstanding the provisions of this or any other statute, the legislative council
43
may adopt, by resolution, travel policies and procedures that apply only to members
44
of the general assembly or to the staffs of the house of representatives, senate,
45
and legislative services agency, or both members and staffs. The legislative council
46
may apply these travel policies and procedures to lay members serving on research,
47
study, or survey committees or commissions that are under the jurisdiction of the
48
legislative council. Notwithstanding any other law, rule, or policy, the state travel
49
policies and procedures established by the Indiana department of administration and
1
approved by the budget agency do not apply to members of the general assembly, to
2
the staffs of the house of representatives, senate, or legislative services agency,
3
or to lay members serving on research, study, or survey committees or commissions
4
under the jurisdiction of the legislative council (if the legislative council applies
5
its travel policies and procedures to lay members under the authority of this SECTION),
6
except that, until the legislative council adopts travel policies and procedures,
7
the state travel policies and procedures established by the Indiana department of
8
administration and approved by the budget agency apply to members of the general
9
assembly, to the staffs of the house of representatives, senate, and legislative
10
services agency, and to lay members serving on research, study, or survey committees
11
or commissions under the jurisdiction of the legislative council. The executive director
12
of the legislative services agency is responsible for the administration of travel
13
policies and procedures adopted by the legislative council. The auditor of state
14
shall approve and process claims for reimbursement of travel related expenses under
15
this paragraph based upon the written affirmation of the speaker of the house of
16
representatives, the president pro tempore of the senate, or the executive director
17
of the legislative services agency that those claims comply with the travel policies
18
and procedures adopted by the legislative council. If the funds appropriated for
19
the house and senate expenses and legislative salaries are insufficient to pay all
20
the necessary expenses incurred, including the cost of printing the journals of the
21
house and senate, there is appropriated such further sums as may be necessary to
22
pay such expenses.
23
24
LEGISLATORS' SUBSISTENCE
25
LEGISLATORS' EXPENSES - HOUSE
26
Total Operating Expense
2,524,980
2,620,929
27
LEGISLATORS' EXPENSES - SENATE
28
Total Operating Expense
1,126,579
1,004,601
29
30
Each member of the general assembly is entitled to a subsistence allowance of forty
31
percent (40%) of the maximum daily amount allowable to employees of the executive
32
branch of the federal government for subsistence expenses while away from home in
33
travel status in the Indianapolis area:
34
(1) each day that the general assembly is not convened in regular or special session;
35
and
36
(2) each day after the first session day held in November and before the first session
37
day held in January.
38
39
However, the subsistence allowance under subdivision (2) may not be paid with respect
40
to any day after the first session day held in November and before the first session
41
day held in January with respect to which all members of the general assembly are
42
entitled to a legislative business per diem.
43
44
The subsistence allowance is payable from the appropriations for legislators' subsistence.
45
46
The officers of the senate are entitled to the following amounts annually in addition
47
to the subsistence allowance: president pro tempore, $7,000; assistant president
48
pro tempore, $3,000; majority floor leader, $5,500; assistant majority floor leaders,
49
$3,500; majority caucus chair, $5,500; assistant majority caucus chairs, $1,500;
1
appropriations committee chair, $5,500; tax and fiscal policy committee chair, $5,500;
2
appropriations committee ranking majority member, $2,000; tax and fiscal policy committee
3
ranking majority member, $2,000; majority whip, $4,000; assistant majority whip,
4
$2,000; minority floor leader, $6,000; minority leader emeritus, $1,500; minority
5
caucus chair, $5,000; minority assistant floor leader, $5,000; appropriations committee
6
ranking minority member, $2,000; tax and fiscal policy committee ranking minority
7
member, $2,000; minority whip(s), $2,000; assistant minority caucus chair(s), $1,000;
8
agriculture and small business committee chair, $1,000; commerce, public policy,
9
and interstate cooperation committee chair, $1,000; corrections, criminal, and civil
10
matters committee chair, $1,000; education and career development chair, $1,000;
11
elections committee chair, $1,000; energy and environmental affairs committee chair,
12
$1,000; pensions and labor committee chair, $1,000; health and provider services
13
committee chair, $1,000; homeland security, transportation, and veterans affairs
14
committee chair, $1,000; insurance and financial institutions committee chair, $1,000;
15
judiciary committee chair, $1,000; local government committee chair, $1,000; utilities
16
and technology committee chair, $1,000; and natural resources committee chair, $1,000.
17
If an officer fills more than one leadership position, the officer shall be paid for
18
the higher paid position.
19
20
Officers of the house of representatives are entitled to the following amounts annually
21
in addition to the subsistence allowance: speaker of the house, $6,500; speaker pro
22
tempore, $5,000; deputy speaker pro tempore, $1,500; majority leader, $5,000; majority
23
caucus chair, $5,000; assistant majority caucus chair, $1,000; ways and means committee
24
chair, $5,000; ways and means committee ranking majority member, $3,000; ways and
25
means committee, chairman of the education subcommittee, $1,500; speaker pro tempore
26
emeritus, $1,500; budget subcommittee chair, $3,000; majority whip, $3,500; assistant
27
majority whip, $1,000; assistant majority leader, $1,000; minority leader, $5,500;
28
minority caucus chair, $4,500; ways and means committee ranking minority member,
29
$3,500; minority whip, $2,500; assistant minority leader, $4,500; second assistant
30
minority leader, $1,500; and deputy assistant minority leader, $1,000.
31
32
If the senate or house of representatives eliminates a committee or officer referenced
33
in this SECTION and replaces the committee or officer with a new committee or position,
34
the foregoing appropriations for subsistence shall be used to pay for the new committee
35
or officer. However, this does not permit any additional amounts to be paid under
36
this SECTION for a replacement committee or officer than would have been spent for
37
the eliminated committee or officer. If the senate or house of representatives creates
38
a new additional committee or officer, or assigns additional duties to an existing
39
officer, the foregoing appropriations for subsistence shall be used to pay for the
40
new committee or officer, or to adjust the annual payments made to the existing officer,
41
in amounts determined by the legislative council.
42
43
If the funds appropriated for legislators' subsistence are insufficient to pay all
44
the subsistence incurred, there are hereby appropriated such further sums as may
45
be necessary to pay such subsistence.
46
47
FOR THE LEGISLATIVE COUNCIL AND THE LEGISLATIVE SERVICES AGENCY
48
Total Operating Expense
9,989,200
10,388,768
49
LEGISLATOR AND LAY MEMBER TRAVEL
1
Total Operating Expense
700,000
750,000
2
3
Included in the above appropriations for the legislative council and legislative
4
services agency expenses are funds for usual and customary expenses associated with
5
legislative services.
6
7
If the funds above appropriated for the legislative council and the legislative services
8
agency and legislator and lay member travel are insufficient to pay all the necessary
9
expenses incurred, there are hereby appropriated such further sums as may be necessary
10
to pay those expenses.
11
12
Any person other than a member of the general assembly who is appointed by the governor,
13
speaker of the house, president or president pro tempore of the senate, house or
14
senate minority floor leader, or legislative council to serve on any research, study,
15
or survey committee or commission is entitled, when authorized by the legislative
16
council, to a per diem instead of subsistence of $75 per day during the 2009-2011
17
biennium. In addition to the per diem, such a person is entitled to mileage reimbursement,
18
at the rate specified for members of the general assembly, for each mile necessarily
19
traveled from the person's usual place of residence to the state capitol or other
20
in-state site of the committee, commission, or conference. However, reimbursement
21
for any out-of-state travel expenses claimed by lay members serving on research,
22
study, or survey committees or commissions under the jurisdiction of the legislative
23
council shall be based on SECTION 14 of this act, until the legislative council applies
24
those travel policies and procedures that govern legislators and their staffs to
25
such lay members as authorized elsewhere in this SECTION. The allowance and reimbursement
26
permitted in this paragraph shall be paid from the legislative council appropriations
27
for legislative and lay member travel unless otherwise provided for by a specific
28
appropriation.
29
30
LEGISLATIVE COUNCIL CONTINGENCY FUND
31
Total Operating Expense
225,000
32
33
Disbursements from the fund may be made only for purposes approved by the chairman
34
and vice chairman of the legislative council.
35
36
The legislative services agency shall charge the following fees, unless the legislative
37
council sets these or other fees at different rates:
38
39
Annual subscription to the session document service for sessions ending in odd-numbered
40
years: $900
41
42
Annual subscription to the session document service for sessions ending in even-numbered
43
years: $500
44
45
Per page charge for copies of legislative documents: $0.15
46
47
Annual charge for interim calendar: $10
48
49
Daily charge for the journal of either house: $2
1
2
PRINTING AND DISTRIBUTION
3
Total Operating Expense
939,400
975,000
4
5
The above funds are appropriated for the printing and distribution of documents published
6
by the legislative council. These documents include journals, bills, resolutions,
7
enrolled documents, the acts of the first and second regular sessions of the 116th
8
general assembly, the supplements to the Indiana Code for fiscal years 2009-2010
9
and 2010-2011, and the publication of the Indiana Administrative Code and the Indiana
10
Register. Upon completion of the distribution of the Acts and the supplements to
11
the Indiana Code, as provided in IC 2-6-1.5, remaining copies may be sold at a price
12
or prices periodically determined by the legislative council. If the above appropriations
13
for the printing and distribution of documents published by the legislative council
14
are insufficient to pay all of the necessary expenses incurred, there are hereby
15
appropriated such sums as may be necessary to pay such expenses.
16
17
COUNCIL OF STATE GOVERNMENTS ANNUAL DUES
18
Other Operating Expense
149,702
155,000
19
NATIONAL CONFERENCE OF STATE LEGISLATURES ANNUAL DUES
20
Other Operating Expense
199,031
207,019
21
NATIONAL CONFERENCE OF INSURANCE LEGISLATORS ANNUAL DUES
22
Other Operating Expense
10,000
10,000
23
24
REAPPORTIONMENT SUPPORT AND SERVICES
25
Total Operating Expense
250,000
26
27
If the above appropriation for reapportionment support and services is insufficient
28
to pay all of the necessary expenses incurred, there is appropriated such further
29
sums as may be necessary to pay such expenses.
30
31
FOR THE INDIANA LOBBY REGISTRATION COMMISSION
32
Total Operating Expense
271,910
271,910
33
34
B. JUDICIAL
35
36
FOR THE SUPREME COURT
37
Personal Services
7,721,165
7,721,165
38
Other Operating Expense
2,195,069
2,195,069
39
40
The above appropriation for the supreme court personal services includes the subsistence
41
allowance as provided by IC 33-38-5-8.
42
43
LOCAL JUDGES' SALARIES
44
Personal Services
57,146,053
57,146,053
45
Other Operating Expense
39,000
39,000
46
COUNTY PROSECUTORS' SALARIES
47
Personal Services
24,785,126
24,785,126
48
Other Operating Expense
31,000
31,000
49
1
The above appropriations for county prosecutors' salaries represent the amounts authorized
2
by IC 33-39-6-5 and that are to be paid from the state general fund.
3
4
In addition to the appropriations for local judges' salaries and for county prosecutors'
5
salaries, there are hereby appropriated for personal services the amounts that the
6
state is required to pay for salary changes or for additional courts created by the
7
116th general assembly.
8
9
TRIAL COURT OPERATIONS
10
Total Operating Expense
596,075
596,075
11
INDIANA CONFERENCE FOR LEGAL EDUCATION OPPORTUNITY
12
Total Operating Expense
778,750
778,750
13
14
The above funds are appropriated to the division of state court administration in
15
compliance with the provisions of IC 33-24-13-7.
16
17
PUBLIC DEFENDER COMMISSION
18
Total Operating Expense
9,850,000
9,850,000
19
20
The above appropriation is made in addition to the distribution authorized by
21
IC 33-37-7-9(c) for the purpose of reimbursing counties for indigent defense services
22
provided to a defendant. The division of state court administration of the supreme
23
court of Indiana shall provide staff support to the commission and shall administer
24
the public defense fund. The administrative costs may come from the public defense
25
fund. Any balance in the public defense fund is appropriated to the public defender
26
commission.
27
28
GUARDIAN AD LITEM
29
Total Operating Expense
2,970,248
2,970,248
30
31
The division of state court administration shall use the foregoing appropriation
32
to administer an office of guardian ad litem and court appointed special advocate
33
services and to provide matching funds to counties that are required to implement,
34
in courts with juvenile jurisdiction, a guardian ad litem and court appointed special
35
advocate program for children who are alleged to be victims of child abuse or neglect
36
under IC 31-33 and to administer the program. A county may use these matching funds
37
to supplement amounts collected as fees under IC 31-40-3 to be used for the operation
38
of guardian ad litem and court appointed special advocate programs. The county fiscal
39
body shall appropriate adequate funds for the county to be eligible for these matching
40
funds.
41
42
CIVIL LEGAL AID
43
Total Operating Expense
1,500,000
1,500,000
44
45
The above funds include the appropriation provide in IC 33-24-12-7.
46
47
SPECIAL JUDGES - COUNTY COURTS
48
Personal Services
15,000
15,000
49
Other Operating Expense
134,000
134,000
1
2
If the funds appropriated above for special judges of county courts are insufficient
3
to pay all of the necessary expenses that the state is required to pay under IC 34-35-1-4,
4
there are hereby appropriated such further sums as may be necessary to pay these
5
expenses.
6
7
COMMISSION ON RACE AND GENDER FAIRNESS
8
Total Operating Expense
380,996
380,996
9
10
FOR THE COURT OF APPEALS
11
Personal Services
9,307,301
9,307,301
12
Other Operating Expense
1,083,440
1,083,440
13
14
The above appropriations for the court of appeals personal services include the
15
subsistence allowance provided by IC 33-38-5-8.
16
17
FOR THE TAX COURT
18
Personal Services
549,418
549,418
19
Other Operating Expense
123,595
123,595
20
21
FOR THE JUDICIAL CENTER
22
Personal Services
1,833,579
1,833,579
23
Other Operating Expense
1,240,419
1,240,419
24
25
The above appropriations for the judicial center include the appropriations for the
26
judicial conference.
27
28
DRUG AND ALCOHOL PROGRAMS FUND
29
Total Operating Expense
299,010
299,010
30
31
The above funds are appropriated under IC 33-37-7-9 for the purpose of administering,
32
certifying, and supporting alcohol and drug services programs under IC 12-23-14.
33
However, if the receipts are less than the appropriation, the center may not spend
34
more than is collected.
35
36
INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION
37
Total Operating Expense
200,000
200,000
38
39
FOR THE PUBLIC DEFENDER
40
Personal Services
6,133,410
6,133,410
41
Other Operating Expense
1,031,506
1,031,506
42
43
FOR THE PUBLIC DEFENDER COUNCIL
44
Personal Services
943,769
943,769
45
Other Operating Expense
420,328
420,328
46
47
FOR THE PROSECUTING ATTORNEYS' COUNCIL
48
Personal Services
638,099
638,099
49
Other Operating Expense
577,177
577,177
1
DRUG PROSECUTION
2
Drug Prosecution Fund (IC 33-39-8-6)
3
Total Operating Expense
79,000
109,000
4
Augmentation allowed.
5
6
FOR THE PUBLIC EMPLOYEES' RETIREMENT FUND
7
JUDGES' RETIREMENT FUND
8
Other Operating Expense
11,474,961
12,048,709
9
PROSECUTORS' RETIREMENT FUND
10
Other Operating Expense
170,000
170,000
11
12
C. EXECUTIVE
13
14
FOR THE GOVERNOR'S OFFICE
15
Personal Services
1,902,269
1,902,269
16
Other Operating Expense
153,976
153,976
17
GOVERNOR'S RESIDENCE
18
Total Operating Expense
136,858
136,858
19
GOVERNOR'S CONTINGENCY FUND
20
Total Operating Expense
153,358
21
22
Direct disbursements from the above contingency fund are not subject to the provisions
23
of IC 5-22.
24
25
GOVERNOR'S FELLOWSHIP PROGRAM
26
Total Operating Expense
265,205
265,205
27
28
FOR THE WASHINGTON LIAISON OFFICE
29
Total Operating Expense
242,500
242,500
30
31
FOR THE LIEUTENANT GOVERNOR
32
Personal Services
1,725,210
1,725,210
33
Other Operating Expense
550,115
550,115
34
CONTINGENCY FUND
35
Total Operating Expense
12,388
36
37
Direct disbursements from the above contingency fund are not subject to the provisions
38
of IC 5-22.
39
40
FOR THE SECRETARY OF STATE
41
ADMINISTRATION
42
Personal Services
2,197,658
2,197,658
43
Other Operating Expense
200,500
150,500
44
45
The above appropriation for other operating expense for FY 2010 includes $50,000
46
for web-based redistricting software.
47
48
FOR THE ATTORNEY GENERAL
49
ATTORNEY GENERAL
1
From the General Fund
2
15,128,969
15,128,969
3
From the Motor Vehicle Odometer Fund (IC 9-29-1-5)
4
90,000
90,000
5
Augmentation allowed.
6
From the Medicaid Fraud Control Unit Fund (IC 4-6-10-1)
7
542,447
542,447
8
Augmentation allowed.
9
From the Address Confidentiality Fund (IC 5-26.5-3-6)
10
59,929
59,929
11
Augmentation allowed.
12
From the Real Estate Appraiser Investigative Fund (IC 25-34.1-8-7.5)
13
64,230
64,230
14
Augmentation allowed.
15
From the Consumer Protection Division Telephone Solicitation Fund (IC 24-4.7-3-6)
16
116,678
116,678
17
Augmentation allowed.
18
From the Tobacco Master Settlement Agreement Fund (IC 4-12-1-14.3)
19
494,467
494,467
20
Augmentation allowed.
21
From the Abandoned Property Fund (IC 32-34-1-33)
22
318,968
318,968
23
Augmentation allowed.
24
25
The amounts specified from the General Fund, motor vehicle odometer fund, medicaid
26
fraud control unit fund, address confidentiality fund, non-consumer settlements fund,
27
real estate appraisers investigative fund, tobacco master settlement fund, and abandoned
28
property fund are for the following purposes:
29
30
Personal Services
15,690,686
15,690,686
31
Other Operating Expense
1,125,002
1,125,002
32
33
HOMEOWNER PROTECTION UNIT
34
Homeowner Protection Unit Account (IC 4-6-12-9)
35
Total Operating Expense
422,000
422,000
36
MEDICAID FRAUD UNIT
37
Total Operating Expense
829,789
829,789
38
39
The above appropriations to the Medicaid fraud unit are the state's matching share
40
of the state Medicaid fraud control unit under IC 4-6-10 as prescribed by 42 U.S.C.
41
1396b(q). Augmentation allowed from collections.
42
43
UNCLAIMED PROPERTY
44
Abandoned Property Fund (IC 32-34-1-33)
45
Personal Services
1,347,951
1,347,951
46
Other Operating Expense
3,163,434
3,163,434
47
Augmentation allowed.
48
49
D. FINANCIAL MANAGEMENT
1
2
FOR THE AUDITOR OF STATE
3
Personal Services
4,587,218
4,587,218
4
Other Operating Expense
1,388,632
1,388,632
5
GOVERNORS' AND GOVERNORS' SURVIVING SPOUSES' PENSIONS
6
Total Operating Expense
140,246
140,246
7
8
The above appropriations for governors' and governors' surviving spouses' pensions
9
are made under IC 4-3-3.
10
11
FOR THE STATE BOARD OF ACCOUNTS
12
Personal Services
20,581,483
20,581,483
13
Other Operating Expense
1,178,717
1,178,717
14
15
FOR THE STATE BUDGET COMMITTEE
16
Total Operating Expense
54,126
54,126
17
18
Notwithstanding IC 4-12-1-11(b), the salary per diem of the legislative members of
19
the budget committee is an amount equal to one hundred fifty percent (150%) of the
20
legislative business per diem allowance. If the above appropriations are insufficient
21
to carry out the necessary operations of the budget committee, there are hereby
22
appropriated such further sums as may be necessary.
23
24
FOR THE OFFICE OF MANAGEMENT AND BUDGET
25
Personal Services
1,000,227
1,000,227
26
Other Operating Expense
153,095
153,095
27
28
FOR THE STATE BUDGET AGENCY
29
Personal Services
2,729,047
2,729,047
30
Other Operating Expense
639,093
639,093
31
32
DEPARTMENTAL AND INSTITUTIONAL EMERGENCY CONTINGENCY FUND
33
Total Operating Expense
10,000,000
34
35
The foregoing departmental and institutional emergency contingency fund appropriation
36
is subject to allotment to departments, institutions, and all state agencies by the
37
budget agency with the approval of the governor. These allocations may be made upon
38
written request of proper officials, showing that contingencies exist that require
39
additional funds for meeting necessary expenses. The budget committee shall be advised
40
of each transfer request and allotment.
41
42
JUDICIAL TECHNOLOGY AND AUTOMATION PROJECT
43
Judicial Technology and Automation Fund (IC 33-24-6-12)
44
Total Operating Expense
5,000,000
5,000,000
45
Augmentation Allowed.
46
47
OUTSIDE BILL CONTINGENCY
48
Total Operating Expense
1
49
1
PERSONAL SERVICES/FRINGE BENEFITS CONTINGENCY FUND
2
Total Operating Expense
66,750,000
3
4
The foregoing personal services/fringe benefits contingency fund appropriation is
5
subject to allotment to departments, institutions, and all state agencies by the
6
budget agency with the approval of the governor.
7
8
The foregoing personal services/fringe benefits contingency fund appropriation may
9
be used only for salary increases, fringe benefit increases, an employee leave conversion
10
program, or a state retiree health program for state employees and may not be used
11
for any other purpose.
12
13
The foregoing personal services/fringe benefits contingency fund appropriation does
14
not revert at the end of the biennium but remains in the personal services/fringe
15
benefits contingency fund.
16
17
STATE RETIREE HEALTH BENEFIT TRUST FUND
18
State Employee Retiree Health Benefit Trust Fund (IC 5-10-8-8.5)
19
Total Operating Expense
64,400,000
20
Augmentation Allowed.
21
22
The foregoing appropriation for the state retiree health plan:
23
24
(1) is to fund employer contributions and benefits provided under IC 5-10-8.5;
25
(2) does not revert at the end of any state fiscal year but remains available for
26
the purposes of the appropriation in subsequent state fiscal years; and
27
(3) is not subject to transfer to any other fund or to transfer, assignment, or reassignment
28
for any other use or purpose by the state board of finance notwithstanding IC 4-9.1-1-7
29
and IC 4-13-2-23 or by the budget agency notwithstanding IC 4-12-1-12 or any other
30
law.
31
32
The budget agency may transfer appropriations from federal or dedicated funds to
33
the trust fund to accrue funds to pay benefits to employees that are not paid from
34
the general fund.
35
36
COMPREHENSIVE HEALTH INSURANCE ASSOCIATION STATE SHARE
37
Total Operating Expense
77,000,000
38
Augmentation Allowed.
39
40
SCHOOL AND LIBRARY INTERNET CONNECTION
41
Build Indiana Fund (IC 4-30-17)
42
Total Operating Expense
7,000,000
43
44
Of the foregoing appropriations, $2,300,000 each year shall be used for schools under
45
IC 4-34-3-4, and $1,200,000 each year shall be used for libraries under IC 4-34-3-2.
46
47
INSPIRE (IC 4-34-3-2)
48
Build Indiana Fund (IC 4-30-17)
49
Other Operating Expense
3,000,000
1
2
FOR THE PUBLIC EMPLOYEES' RETIREMENT FUND
3
PUBLIC SAFETY PENSION
4
Total Operating Expense
96,000,000
112,000,000
5
6
FOR THE TREASURER OF STATE
7
Personal Services
817,630
817,630
8
Other Operating Expense
52,476
52,476
9
10
The treasurer of state, the board for depositories, the Indiana commission for higher
11
education, and the state student assistance commission shall cooperate and provide
12
to the Indiana education savings authority the following:
13
(1) Clerical and professional staff and related support.
14
(2) Office space and services.
15
(3) Reasonable financial support for the development of rules, policies, programs,
16
and guidelines, including authority operations and travel.
17
18
E. TAX ADMINISTRATION
19
20
FOR THE DEPARTMENT OF REVENUE
21
COLLECTION AND ADMINISTRATION
22
From the General Fund
23
48,831,936
48,831,936
24
From the Motor Carrier Regulation Fund (IC 8-2.1-23)
25
794,261
794,261
26
From the Motor Vehicle Highway Account (IC 8-14-1)
27
2,449,434
2,449,434
28
Augmentation allowed from the Motor Carrier Regulation Fund and the Motor Vehicle
29
Highway Account.
30
31
The amounts specified from the General Fund, Motor Carrier Regulation Fund, and the
32
Motor Vehicle Highway Account are for the following purposes:
33
34
Personal Services
37,103,377
37,103,377
35
Other Operating Expense
14,972,254
14,972,254
36
37
With the approval of the governor and the budget agency, the department shall annually
38
reimburse the state general fund for expenses incurred in support of the collection
39
of dedicated fund revenue according to the department's cost allocation plan.
40
41
With the approval of the governor and the budget agency, the foregoing sums for the
42
department of state revenue may be augmented to an amount not exceeding in total,
43
together with the above specific amounts, one and one-tenth percent (1.1%) of the
44
amount of money collected by the department of state revenue from taxes and fees.
45
46
OUTSIDE COLLECTIONS
47
Total Operating Expense
4,500,000
4,500,000
48
49
With the approval of the governor and the budget agency, the foregoing sums for the
1
department of state revenue's outside collections may be augmented to an amount not
2
exceeding in total, together with the above specific amounts, one and one-tenth percent
3
(1.1%) of the amount of money collected by the department from taxes and fees.
4
5
MOTOR CARRIER REGULATION
6
Motor Carrier Regulation Fund (IC 8-2.1-23)
7
Personal Services
1,744,843
1,744,843
8
Other Operating Expense
3,797,857
3,797,857
9
Augmentation allowed from the Motor Carrier Regulation Fund.
10
11
MOTOR FUEL TAX DIVISION
12
Motor Vehicle Highway Account (IC 8-14-1)
13
Personal Services
7,041,830
7,041,830
14
Other Operating Expense
2,561,625
2,561,625
15
Augmentation allowed from the Motor Vehicle Highway Account.
16
17
In addition to the foregoing appropriations, there is hereby appropriated to the
18
department of revenue motor fuel tax division an amount sufficient to pay claims
19
for refunds on license-fee-exempt motor vehicle fuel as provided by law. The sums
20
above appropriated from the motor vehicle highway account for the operation of the
21
motor fuel tax division, together with all refunds for license-fee-exempt motor vehicle
22
fuel, shall be paid from the receipts of those license fees before they are distributed
23
as provided by IC 6-6-1.1.
24
25
FOR THE INDIANA GAMING COMMISSION
26
From the State Gaming Fund (IC 4-33-13-3)
27
3,501,183
3,501,183
28
From the Gaming Investigations
29
600,000
600,000
30
31
The amounts specified from the state gaming fund and gaming investigations are
32
for the following purposes:
33
34
Personal Services
3,288,542
3,288,542
35
Other Operating Expense
812,641
812,641
36
37
The foregoing appropriations to the Indiana gaming commission are made from revenues
38
accruing to the state gaming fund under IC 4-33-13-3 before any distribution is made
39
under IC 4-33-13-5.
40
Augmentation allowed.
41
42
The foregoing appropriations to the Indiana gaming commission are made instead of
43
the appropriation made in IC 4-33-13-4.
44
45
FOR THE INDIANA DEPARTMENT OF GAMING RESEARCH
46
Personal Services
120,394
120,394
47
Other Operating Expense
104,312
104,312
48
Augmentation allowed from fees accruing under IC 4-33-18-8.
49
1
FOR THE INDIANA HORSE RACING COMMISSION
2
Indiana Horse Racing Commission Operating Fund (IC 4-31-10-2)
3
Personal Services
2,126,562
2,126,562
4
Other Operating Expense
627,890
627,890
5
6
The foregoing appropriations to the Indiana horse racing commission are made from
7
revenues accruing to the Indiana horse racing commission before any distribution
8
is made under IC 4-31-9.
9
Augmentation allowed.
10
11
STANDARDBRED ADVISORY BOARD
12
Standardbred Horse Fund (IC 15-19-2-10)
13
Total Operating Expense
193,500
193,500
14
15
The foregoing appropriations to the standardbred advisory board are made from
16
revenues accruing to the Indiana horse racing commission before any distribution
17
is made under IC 4-31-9.
18
Augmentation allowed.
19
20
STANDARDBRED BREED DEVELOPMENT
21
Indiana Horse Racing Commission Operating Fund (IC 4-31-10-2)
22
Total Operating Expense
4,049,719
4,049,719
23
Augmentation allowed.
24
THOROUGHBRED BREED DEVELOPMENT
25
Indiana Horse Racing Commission Operating Fund (IC 4-31-10-2)
26
Total Operating Expense
2,904,012
2,904,012
27
Augmentation allowed.
28
QUARTER HORSE BREED DEVELOPMENT
29
Indiana Horse Racing Commission Operating Fund (IC 4-31-10-2)
30
Total Operating Expense
228,896
228,896
31
Augmentation allowed.
32
FINGERPRINT FEES
33
Indiana Horse Racing Commission Operating Fund (IC 4-31-10-2)
34
Total Operating Expense
52,110
52,110
35
Augmentation allowed.
36
GAMING INTEGRITY FUND - IHRC
37
Gaming Integrity Fund - IHRC (IC 4-35-8.7-3)
38
Total Operating Expense
500,000
500,000
39
Augmentation allowed.
40
41
FOR THE DEPARTMENT OF LOCAL GOVERNMENT FINANCE
42
Personal Services
3,927,361
3,926,359
43
Other Operating Expense
722,957
722,957
44
45
From the above appropriations for the department of local government finance, travel
46
subsistence and mileage allowances may be paid for members of the local government
47
tax control board created by IC 6-1.1-18.5-11 and the state school property tax control
48
board created by IC 6-1.1-19-4.1, under state travel regulations.
49
1
DISTRESSED UNIT APPEAL BOARD
2
Total Operating Expense
20,600
20,600
3
4
FOR THE INDIANA BOARD OF TAX REVIEW
5
Personal Services
1,209,019
1,209,019
6
Other Operating Expense
63,510
63,510
7
8
F. ADMINISTRATION
9
10
FOR THE DEPARTMENT OF ADMINISTRATION
11
Personal Services
11,562,865
11,562,865
12
Other Operating Expense
14,718,815
14,718,815
13
14
FOR THE STATE PERSONNEL DEPARTMENT
15
Personal Services
3,405,686
3,405,686
16
Other Operating Expense
320,200
320,200
17
18
The department may establish an internal service fund to perform the functions of the
19
department.
20
21
The state must provide a variety of healthcare plan options to the extent such plans
22
are reasonably available and not restrict employees to health savings account plans.
23
24
FOR THE STATE EMPLOYEES APPEALS COMMISSION
25
Personal Services
169,653
169,653
26
Other Operating Expense
10,086
10,086
27
28
FOR THE OFFICE OF TECHNOLOGY
29
Total Operating Expense
1,900,000
1,900,000
30
31
FOR THE COMMISSION ON PUBLIC RECORDS
32
Personal Services
1,325,220
1,325,220
33
Other Operating Expense
141,446
141,446
34
35
FOR THE OFFICE OF THE PUBLIC ACCESS COUNSELOR
36
Personal Services
153,041
153,041
37
Other Operating Expense
3,688
3,688
38
39
FOR THE OFFICE OF FEDERAL GRANTS AND PROCUREMENT
40
Total Operating Expense
95,039
95,039
41
42
G. OTHER
43
44
FOR THE COMMISSION ON UNIFORM STATE LAWS
45
Total Operating Expense
43,584
43,584
46
47
FOR THE OFFICE OF INSPECTOR GENERAL
48
Personal Services
1,212,488
1,212,488
49
Other Operating Expense
229,383
229,383
1
2
STATE ETHICS COMMISSION
3
Personal Services
2,668
2,668
4
Other Operating Expense
6,297
6,297
5
6
FOR THE SECRETARY OF STATE
7
ELECTION DIVISION
8
Personal Services
701,510
701,510
9
Other Operating Expense
196,242
196,242
10
VOTER LIST MAINTENANCE
11
Total Operating Expense
2,500,000
2,500,000
12
13
The secretary of state shall use federal funding available for voter list maintenance
14
before using the above appropriations.
15
16
H. COMMUNITY SERVICES
17
18
FOR THE GOVERNOR'S OFFICE OF FAITH BASED & COMMUNITY INITIATIVES
19
Personal Services
240,327
240,327
20
Other Operating Expense
50,225
50,225
21
22
SECTION 4. [EFFECTIVE JULY 1, 2009]
23
24
PUBLIC SAFETY
25
26
A. CORRECTION
27
28
FOR THE DEPARTMENT OF CORRECTION
29
CENTRAL OFFICE
30
Personal Services
9,376,633
9,376,633
31
Other Operating Expense
4,258,981
4,258,981
32
TECHNOLOGY UPGRADES AND IMPROVEMENTS
33
Correctional Facilities Calling System Fund (IC 5-22-23-7)
34
Other Operating Expense
1,900,000
1,900,000
35
ESCAPEE COUNSEL AND TRIAL EXPENSE
36
Other Operating Expense
198,000
198,000
37
COUNTY JAIL MISDEMEANANT HOUSING
38
Total Operating Expense
4,281,101
4,281,101
39
ADULT CONTRACT BEDS
40
Total Operating Expense
2,831,443
2,831,443
41
STAFF DEVELOPMENT AND TRAINING
42
Personal Services
1,084,457
1,084,457
43
Other Operating Expense
132,885
132,885
44
PAROLE DIVISION
45
Personal Services
8,337,627
8,337,627
46
Other Operating Expense
905,405
905,405
47
PAROLE BOARD
48
Personal Services
657,976
657,976
49
Other Operating Expense
23,741
23,741
1
INFORMATION MANAGEMENT SERVICES
2
Personal Services
1,048,752
1,048,752
3
Other Operating Expense
432,534
432,534
4
JUVENILE TRANSITION
5
Personal Services
662,692
662,692
6
Other Operating Expense
908,545
908,545
7
COMMUNITY CORRECTIONS PROGRAMS
8
Total Operating Expense
71,000,000
9
10
The above appropriation for community corrections programs is not subject to transfer
11
to any other fund or to transfer, assignment, or reassignment for any other use or
12
purpose by the state board of finance notwithstanding IC 4-9.1-1-7 and IC 4-13-2-23
13
or by the budget agency notwithstanding IC 4-12-1-12 or any other law.
14
15
Notwithstanding IC 4-13-2-19 and any other law, the above appropriation for community
16
corrections programs does not revert to the general fund or another fund at the close
17
of a state fiscal year but remains available in subsequent state fiscal years for
18
the purposes of the appropriation.
19
20
DRUG PREVENTION AND OFFENDER TRANSITION
21
Total Operating Expense
206,824
206,824
22
23
The above appropriation shall be used for minimum security release programs, transition
24
programs, mentoring programs, and supervision of and assistance to adult and juvenile
25
offenders to promote the successful integration of the offender into the community.
26
27
CENTRAL EMERGENCY RESPONSE
28
Personal Services
1,159,005
1,159,005
29
Other Operating Expense
120,174
120,174
30
MEDICAL SERVICES
31
Other Operating Expense
76,130,153
86,032,783
32
33
The above appropriations for medical services shall be used only for services that are determined
34
to be medically necessary.
35
36
DRUG ABUSE PREVENTION
37
Corrections Drug Abuse Fund (IC 11-8-2-11)
38
Personal Services
740,000
740,000
39
Other Operating Expense
2,600
2,600
40
Augmentation allowed.
41
COUNTY JAIL MAINTENANCE CONTINGENCY FUND
42
Other Operating Expense
20,000,000
20,000,000
43
44
Disbursements from the fund shall be made for the purpose of reimbursing sheriffs
45
for the cost of incarcerating in county jails persons convicted of felonies to the
46
extent that such persons are incarcerated for more than five (5) days after the day
47
of sentencing, at the rate of $35 per day. In addition to the per diem, the state
48
shall reimburse the sheriffs for expenses determined by the sheriff to be medically
49
necessary medical care to the convicted persons. However, if the sheriff or county
1
receives money with respect to a convicted person (from a source other than the county),
2
the per diem or medical expense reimbursement with respect to the convicted person
3
shall be reduced by the amount received. A sheriff shall not be required to comply
4
with IC 35-38-3-4(a) or transport convicted persons within five (5) days after the
5
day of sentencing if the department of correction does not have the capacity to receive
6
the convicted person.
7
8
Augmentation allowed.
9
10
FOOD SERVICES
11
Total Operating Expense
36,652,458
40,281,856
12
13
FOR THE STATE BUDGET AGENCY
14
MEDICAL SERVICE PAYMENTS
15
Total Operating Expense
25,000,000
25,000,000
16
17
These appropriations for medical service payments are made to pay for services determined
18
to be medically necessary for committed individuals, patients and students of institutions
19
under the jurisdiction of the department of correction, the state department of health,
20
the division of mental health and addiction, the school for the blind and visually
21
impaired, the school for the deaf, the division of disability and rehabilitative
22
services, or the division of aging if the services are provided outside these institutions.
23
These appropriations may not be used for payments for medical services that are covered
24
by IC 12-16 unless these services have been approved under IC 12-16. These appropriations
25
shall not be used for payment for medical services which are payable from an appropriation
26
in this act for the state department of health, the division of mental health and
27
addiction, the school for the blind and visually impaired, the school for the deaf,
28
the division of disability and rehabilitative services, the division of aging, or
29
the department of correction, or that are reimbursable from funds for medical assistance
30
under IC 12-15. If these appropriations are insufficient to make these medical service
31
payments, there is hereby appropriated such further sums as may be necessary.
32
33
Direct disbursements from the above contingency fund are not subject to the provisions
34
of IC 4-13-2.
35
36
FOR THE DEPARTMENT OF ADMINISTRATION
37
DEPARTMENT OF CORRECTION OMBUDSMAN BUREAU
38
Personal Services
134,554
134,554
39
Other Operating Expense
7,328
7,328
40
41
FOR THE DEPARTMENT OF CORRECTION
42
INDIANA STATE PRISON
43
Personal Services
32,867,370
32,867,370
44
Other Operating Expense
6,751,252
6,751,252
45
PENDLETON CORRECTIONAL FACILITY
46
Personal Services
27,299,395
27,299,395
47
Other Operating Expense
7,070,626
7,070,626
48
CORRECTIONAL INDUSTRIAL FACILITY
49
Personal Services
20,245,770
20,245,770
1
Other Operating Expense
997,243
997,243
2
INDIANA WOMEN'S PRISON
3
Personal Services
8,612,523
8,612,523
4
Other Operating Expense
1,059,099
1,059,099
5
PUTNAMVILLE CORRECTIONAL FACILITY
6
Personal Services
30,333,741
30,333,741
7
Other Operating Expense
4,329,691
4,329,691
8
WABASH VALLEY CORRECTIONAL FACILITY
9
Personal Services
35,452,554
36,957,852
10
Other Operating Expense
5,409,888
5,810,040
11
PLAINFIELD EDUCATION RE-ENTRY FACILITY
12
Personal Services
7,055,354
7,055,354
13
Other Operating Expense
3,235,412
3,235,412
14
INDIANAPOLIS JUVENILE CORRECTIONAL FACILITY
15
Personal Services
10,906,670
10,906,670
16
Other Operating Expense
1,090,070
1,090,070
17
BRANCHVILLE CORRECTIONAL FACILITY
18
Personal Services
16,560,275
16,560,275
19
Other Operating Expense
2,361,080
2,361,080
20
WESTVILLE CORRECTIONAL FACILITY
21
Personal Services
42,786,893
42,786,893
22
Other Operating Expense
5,980,703
5,980,703
23
ROCKVILLE CORRECTIONAL FACILITY FOR WOMEN
24
Personal Services
14,998,655
14,998,655
25
Other Operating Expense
1,927,015
1,927,015
26
PLAINFIELD CORRECTIONAL FACILITY
27
Personal Services
22,950,007
22,950,007
28
Other Operating Expense
2,619,303
2,619,303
29
RECEPTION AND DIAGNOSTIC CENTER
30
Personal Services
11,799,385
11,799,385
31
Other Operating Expense
695,865
695,865
32
MIAMI CORRECTIONAL FACILITY
33
Personal Services
28,891,409
30,302,909
34
Other Operating Expense
5,231,704
5,595,103
35
NEW CASTLE CORRECTIONAL FACILITY
36
Other Operating Expense
31,587,079
32,328,736
37
SOCIAL SERVICES BLOCK GRANT
38
General Fund
39
Total Operating Expense
5,029,318
5,029,318
40
Work Release - Study Release Special Revenue Fund (IC 11-10-8-6.5)
41
Total Operating Expense
1,328,704
1,328,704
42
Augmentation allowed from Work Release - Study Release Special Revenue Fund
43
and Social Services Block Grant.
44
HENRYVILLE CORRECTIONAL FACILITY
45
Personal Services
2,355,124
2,355,124
46
Other Operating Expense
271,599
271,599
47
CHAIN O' LAKES CORRECTIONAL FACILITY
48
Personal Services
1,743,782
1,743,782
49
Other Operating Expense
261,355
261,355
1
MADISON CORRECTIONAL FACILITY
2
Personal Services
4,835,168
4,835,168
3
Other Operating Expense
962,558
962,558
4
EDINBURGH CORRECTIONAL FACILITY
5
Personal Services
3,614,415
3,614,415
6
Other Operating Expense
388,295
388,295
7
SOUTH BEND JUVENILE CORRECTIONAL FACILITY
8
Personal Services
4,739,483
4,739,483
9
Other Operating Expense
2,826,481
2,826,481
10
NORTH CENTRAL JUVENILE CORRECTIONAL FACILITY
11
Personal Services
9,213,446
9,213,446
12
Other Operating Expense
1,243,603
1,243,603
13
CAMP SUMMIT
14
Personal Services
2,258,110
2,258,110
15
Other Operating Expense
217,833
217,833
16
PENDLETON JUVENILE CORRECTIONAL FACILITY
17
Personal Services
15,807,771
15,807,771
18
Other Operating Expense
1,633,941
1,633,941
19
20
B. LAW ENFORCEMENT
21
22
FOR THE INDIANA STATE POLICE AND MOTOR CARRIER INSPECTION
23
From the General Fund
24
62,391,905
62,391,905
25
From the Motor Vehicle Highway Account (IC 8-14-1)
26
62,391,904
62,391,904
27
From the Motor Carrier Regulation Fund (IC 8-2.1-23)
28
4,391,978
4,391,978
29
Augmentation allowed from the general fund, the motor vehicle highway account,
30
and the motor carrier regulation fund.
31
32
The amounts specified from the General Fund, the Motor Vehicle Highway Account, and the
33
Motor Carrier Regulation Fund are for the following purposes:
34
35
Personal Services
115,028,075
115,028,075
36
Other Operating Expense
14,147,712
14,147,712
37
38
The above appropriations for personal services and other operating expense include
39
funds to continue the state police minority recruiting program.
40
41
The foregoing appropriations for the Indiana state police and motor carrier inspection
42
include funds for the police security detail to be provided to the Indiana state
43
fair board. However, amounts actually expended to provide security for the Indiana state
44
fair board as determined by the budget agency shall be reimbursed by the Indiana
45
state fair board to the state general fund.
46
47
ODOMETER FRAUD INVESTIGATION
48
Motor Vehicle Odometer Fund (IC 9-29-1-5)
49
Total Operating Expense
25,000
25,000
1
Augmentation allowed.
2
3
STATE POLICE TRAINING
4
State Police Training Fund (IC 5-2-8-5)
5
Total Operating Expense
502,875
502,875
6
Augmentation allowed.
7
8
FORENSIC AND HEALTH SCIENCES LABORATORIES
9
From the General Fund
10
3,888,671
3,888,671
11
From the Motor Carrier Regulation Fund (IC 8-2.1-23)
12
375,611
375,611
13
From the Motor Vehicle Highway Account (IC 8-14-1)
14
6,783,078
6,783,078
15
Augmentation allowed from the general fund, the motor vehicle highway account,
16
and the motor carrier regulation fund.
17
18
The amounts specified from the General Fund, the Motor Vehicle Highway Account, and the
19
Motor Carrier Regulation Fund are for the following purposes:
20
21
Personal Services
10,572,562
10,572,562
22
Other Operating Expense
474,798
474,798
23
24
ENFORCEMENT AID
25
General Fund
26
Total Operating Expense
40,000
40,000
27
Motor Vehicle Highway Account (IC 8-14-1)
28
Total Operating Expense
40,000
40,000
29
30
The above appropriations for enforcement aid are to meet unforeseen emergencies
31
of a confidential nature. They are to be expended under the direction of the superintendent
32
and to be accounted for solely on the superintendent's authority.
33
34
PENSION FUND
35
General Fund
36
Total Operating Expense
4,736,247
4,736,247
37
Motor Vehicle Highway Account (IC 8-14-1)
38
Total Operating Expense
4,736,246
4,736,246
39
40
The above appropriations shall be paid into the state police pension fund provided
41
for in IC 10-12-2 in twelve (12) equal installments on or before July 30 and on or
42
before the 30th of each succeeding month thereafter.
43
44
BENEFIT FUND
45
General Fund
46
Total Operating Expense
1,713,151
1,713,151
47
Augmentation allowed.
48
49
Motor Vehicle Highway Account (IC 8-14-1)
1
Total Operating Expense
1,713,151
1,713,151
2
Augmentation allowed.
3
4
All benefits to members shall be paid by warrant drawn on the treasurer
5
of state by the auditor of state on the basis of claims filed and approved by the
6
trustees of the state police pension and benefit funds created by IC 10-12-2.
7
8
SUPPLEMENTAL PENSION
9
General Fund
10
Total Operating Expense
1,900,753
1,900,753
11
Augmentation allowed.
12
13
Motor Vehicle Highway Account (IC 8-14-1)
14
Total Operating Expense
1,900,753
1,900,753
15
Augmentation allowed.
16
17
If the above appropriations for supplemental pension for any one (1) year are greater
18
than the amount actually required under the provisions of IC 10-12-5, then the excess
19
shall be returned proportionately to the funds from which the appropriations were
20
made. If the amount actually required under IC 10-12-5 is greater than the above
21
appropriations, then, with the approval of the governor and the budget agency, those
22
sums may be augmented from the general fund and the motor vehicle highway account.
23
24
ACCIDENT REPORTING
25
Accident Report Account (IC 9-29-11-1)
26
Total Operating Expense
30,000
30,000
27
Augmentation allowed.
28
DRUG INTERDICTION
29
Drug Interdiction Fund (IC 10-11-7)
30
Total Operating Expense
273,420
273,420
31
Augmentation allowed.
32
DNA SAMPLE PROCESSING FUND
33
DNA Sample Processing Fund (IC 10-13-6-9.5)
34
Total Operating Expense
1,327,777
1,327,777
35
Augmentation allowed.
36
37
FOR THE INTEGRATED PUBLIC SAFETY COMMISSION
38
PROJECT SAFE-T
39
Integrated Public Safety Communications Fund (IC 5-26-4-1)
40
Total Operating Expense
13,000,000
13,000,000
41
Augmentation allowed.
42
43
FOR THE ADJUTANT GENERAL
44
CAMP ATTERBURY MUSCATATUCK CENTER FOR COMPLEX OPERATIONS
45
Personal Services
653,456
653,456
46
Other Operating Expense
362,134
362,134
47
ADJUTANT GENERAL FEDERAL COOP AGREEMENT
48
Total Operating Expense
9,653,699
9,653,699
49
BAER FIELD FEDERAL COOP AGREEMENT
1
Total Operating Expense
370,161
370,161
2
HULMAN FIELD FEDERAL COOP AGREEMENT
3
Total Operating Expense
306,453
306,453
4
DISABLED SOLDIERS' PENSION
5
Other Operating Expense
1
1
6
Augmentation allowed.
7
MUTC - MUSCATATUCK URBAN TRAINING CENTER
8
Total Operating Expense
1,386,906
1,386,906
9
HOOSIER YOUTH CHALLENGE ACADEMY
10
Total Operating Expense
1,148,948
1,148,948
11
GOVERNOR'S CIVIL AND MILITARY CONTINGENCY FUND
12
Total Operating Expense
288,672
13
14
The above appropriations for the governor's civil and military contingency fund are
15
made under IC 10-16-11-1.
16
17
FOR THE CRIMINAL JUSTICE INSTITUTE
18
ADMINISTRATIVE MATCH
19
Total Operating Expense
427,253
427,253
20
DRUG ENFORCEMENT MATCH
21
Total Operating Expense
1,571,760
1,571,760
22
VICTIM AND WITNESS ASSISTANCE FUND
23
Victim and Witness Assistance Fund (IC 5-2-6-14)
24
Total Operating Expense
629,689
629,689
25
Augmentation allowed.
26
ALCOHOL AND DRUG COUNTERMEASURES
27
Alcohol and Drug Countermeasures Fund (IC 9-27-2-11)
28
Total Operating Expense
348,211
348,211
29
Augmentation allowed.
30
STATE DRUG FREE COMMUNITIES FUND
31
State Drug Free Communities Fund (IC 5-2-10-2)
32
Total Operating Expense
526,585
526,585
33
Augmentation allowed.
34
INDIANA SAFE SCHOOLS
35
General Fund
36
Total Operating Expense
1,497,756
1,497,756
37
Indiana Safe Schools Fund (IC 5-2-10.1-2)
38
Total Operating Expense
514,397
514,397
39
Augmentation allowed from Indiana Safe Schools Fund.
40
41
Of the above appropriations for the Indiana safe schools program, $1,262,153 is appropriated
42
annually to provide grants to school corporations for school safe haven programs,
43
emergency preparedness programs, and school safety programs, and $750,000 is appropriated
44
annually for use in providing training to school safety specialists.
45
46
CHILD RESTRAINT SYSTEM FUND
47
Total Operating Expense
100,000
100,000
48
COMMUNITY DRIVER TRAINING SCHOOLS & INSTRUCTION
49
Motor Vehicle Highway Account (IC 8-14-1)
1
Total Operating Expense
63,359
63,359
2
Augmentation allowed.
3
OFFICE OF TRAFFIC SAFETY
4
Motor Vehicle Highway Account (IC 8-14-1)
5
Personal Services
575,778
575,778
6
Other Operating Expense
13,211,355
13,211,355
7
Augmentation allowed.
8
9
The above appropriation for the office of traffic safety is from the motor vehicle
10
highway account and may be used to fund traffic safety projects that are included
11
in a current highway safety plan approved by the governor and the budget agency.
12
The department shall apply to the national highway traffic safety administration
13
for reimbursement of all eligible project costs. Any federal reimbursement received
14
by the department for the highway safety plan shall be deposited into the motor vehicle
15
highway account.
16
17
PROJECT IMPACT
18
Total Operating Expense
196,000
196,000
19
20
SEXUAL ASSAULT VICTIMS' ASSISTANCE
21
Sexual Assault Victims' Assistance Account (IC 5-2-6-23(h))
22
Total Operating Expense
49,000
49,000
23
24
Augmentation allowed. The full amount of the above appropriations shall be distributed
25
to rape crisis centers in Indiana without any deduction of personal services or other
26
operating expenses of any state agency.
27
28
VICTIMS OF VIOLENT CRIME ADMINISTRATION
29
Violent Crime Victims Compensation Fund (IC 5-2-6.1-40)
30
Personal Services
112,122
112,122
31
Other Operating Expense
2,407,402
2,407,402
32
Augmentation allowed.
33
34
FOR THE CORONERS' TRAINING BOARD
35
Coroners' Training and Continuing Education Fund (IC 4-23-6.5-8)
36
Total Operating Expense
361,229
361,229
37
Augmentation allowed.
38
39
FOR THE LAW ENFORCEMENT TRAINING ACADEMY
40
From the General Fund
41
2,190,933
2,190,933
42
From the Law Enforcement Training Fund (IC 5-2-1-13(b))
43
2,220,048
2,220,048
44
Augmentation allowed from the Law Enforcement Training Fund.
45
46
The amounts specified from the General Fund and the Law Enforcement Training Fund
47
are for the following purposes:
48
49
Personal Services
3,608,441
3,608,441
1
Other Operating Expense
802,540
802,540
2
3
C. REGULATORY AND LICENSING
4
5
FOR THE BUREAU OF MOTOR VEHICLES
6
Motor Vehicle Highway Account (IC 8-14-1)
7
Personal Services
17,446,403
17,446,403
8
Other Operating Expense
13,493,000
13,493,000
9
Augmentation allowed.
10
LICENSE PLATES
11
Motor Vehicle Highway Account (IC 8-14-1)
12
Total Operating Expense
5,600,000
5,600,000
13
Augmentation allowed.
14
FINANCIAL RESPONSIBILITY COMPLIANCE VERIFICATION
15
Financial Responsibility Compliance Verification Fund (IC 9-25-9-7)
16
Total Operating Expense
6,571,932
6,571,932
17
Augmentation allowed.
18
STATE MOTOR VEHICLE TECHNOLOGY
19
State Motor Vehicle Technology Fund (IC 9-29-16-1)
20
Total Operating Expense
5,261,692
5,261,692
21
Augmentation allowed.
22
23
FOR THE DEPARTMENT OF LABOR
24
Personal Services
871,619
871,619
25
Other Operating Expense
141,615
141,615
26
BUREAU OF MINES AND MINING
27
Personal Services
150,554
150,554
28
Other Operating Expense
20,104
20,104
29
M.I.S. RESEARCH AND STATISTICS
30
Personal Services
207,354
207,354
31
Other Operating Expense
22,360
22,360
32
OCCUPATIONAL SAFETY AND HEALTH
33
Personal Services
3,237,073
3,237,073
34
Other Operating Expense
568,548
568,548
35
36
The above funds are appropriated to occupational safety and health
37
and management information services research and statistics to provide the total
38
program cost of the Indiana occupational safety and health plan as approved by the
39
United States Department of Labor. Inasmuch as the state is eligible to receive
40
from the federal government partial reimbursement of the state's total Indiana occupational
41
safety and health plan program cost, it is the intention of the general assembly
42
that the department of labor make application to the federal government for the federal
43
share of the total program cost. Federal funds received shall be considered a reimbursement
44
of state expenditures and as such shall be deposited into the state general fund.
45
46
EMPLOYMENT OF YOUTH
47
Employment of Youth Fund (IC 20-33-3-42)
48
Total Operating Expense
183,555
183,555
49
Augmentation allowed.
1
INSAFE
2
Special Fund for Safety and Health Consultation, Education, and
3
Training Services (IC 22-8-1.1-48)
4
Personal Services
874,587
874,587
5
Other Operating Expense
217,752
217,752
6
Augmentation allowed.
7
8
Federal cost reimbursements for expenses attributable to INSafe appropriations shall be
9
deposited into the special fund for safety and health consultation, education, and
10
training services.
11
12
FOR THE DEPARTMENT OF INSURANCE
13
Department of Insurance Fund (IC 27-1-3-28)
14
Personal Services
5,318,138
5,318,138
15
Other Operating Expense
1,195,519
1,195,519
16
Augmentation allowed.
17
BAIL BOND DIVISION
18
Bail Bond Enforcement and Administration Fund (IC 27-10-5-1)
19
Personal Services
171,597
171,597
20
Other Operating Expense
8,832
8,832
21
Augmentation allowed.
22
PATIENTS' COMPENSATION AUTHORITY
23
Patients' Compensation Fund (IC 34-18-6-1)
24
Personal Services
490,135
490,135
25
Other Operating Expense
1,346,870
1,346,870
26
Augmentation allowed.
27
POLITICAL SUBDIVISION RISK MANAGEMENT
28
Political Subdivision Risk Management Fund (IC 27-1-29-10)
29
Personal Services
44,195
44,195
30
Other Operating Expense
782,960
782,960
31
Augmentation allowed.
32
MINE SUBSIDENCE INSURANCE
33
Mine Subsidence Insurance Fund (IC 27-7-9-7)
34
Personal Services
62,116
62,116
35
Other Operating Expense
827,283
827,283
36
Augmentation allowed.
37
TITLE INSURANCE ENFORCEMENT OPERATING
38
Title Insurance Enforcement Fund (IC 27-7-3.6-1)
39
Personal Services
288,370
288,370
40
Other Operating Expense
80,921
80,921
41
Augmentation allowed.
42
43
FOR THE ALCOHOL AND TOBACCO COMMISSION
44
Enforcement and Administration Fund (IC 7.1-4-10-1)
45
Personal Services
8,612,469
8,612,469
46
Other Operating Expense
1,780,699
1,780,699
47
Augmentation allowed.
48
49
ALCOHOLIC BEVERAGE ENFORCEMENT OFFICERS' TRAINING
1
Alcoholic Beverage Commission Enforcement Officers' Training Fund (IC 5-2-8-8)
2
Total Operating Expense
4,200
4,200
3
Augmentation allowed.
4
YOUTH TOBACCO EDUCATION AND ENFORCEMENT
5
Richard D. Doyle Youth Tobacco Education and Enforcement Fund (IC 7.1-6-2-6)
6
Total Operating Expense
25,000
25,000
7
Augmentation allowed.
8
9
FOR THE DEPARTMENT OF FINANCIAL INSTITUTIONS
10
Financial Institutions Fund (IC 28-11-2-9)
11
Personal Services
6,972,935
6,972,935
12
Other Operating Expense
1,518,119
1,518,119
13
Augmentation allowed.
14
15
FOR THE PROFESSIONAL LICENSING AGENCY
16
Personal Services
4,669,317
4,669,317
17
Other Operating Expense
867,325
867,325
18
PRENEED CONSUMER PROTECTION
19
Preneed Consumer Protection Fund (IC 30-2-13-28)
20
Total Operating Expense
72,750
72,750
21
Augmentation allowed.
22
BOARD OF FUNERAL AND CEMETERY SERVICE
23
Funeral Service Education Fund (IC 25-15-9-13)
24
Total Operating Expense
4,850
4,850
25
Augmentation allowed.
26
27
FOR THE CIVIL RIGHTS COMMISSION
28
Personal Services
1,916,298
1,916,298
29
Other Operating Expense
270,632
270,632
30
31
It is the intention of the general assembly that the civil rights commission shall
32
apply to the federal government for funding based upon the processing of employment
33
and housing discrimination complaints by the civil rights commission. Such federal
34
funds received by the state shall be considered as a reimbursement of state expenditures
35
and shall be deposited into the state general fund.
36
37
MARTIN LUTHER KING JR. HOLIDAY COMMISSION
38
Total Operating Expense
20,000
20,000
39
40
FOR THE UTILITY CONSUMER COUNSELOR
41
Public Utility Fund (IC 8-1-6-1)
42
Personal Services
4,485,790
4,485,790
43
Other Operating Expense
687,910
687,910
44
Augmentation allowed.
45
46
EXPERT WITNESS FEES AND AUDIT
47
Public Utility Fund (IC 8-1-6-1)
48
Total Operating Expense
1,503,500
49
Augmentation allowed.
1
2
FOR THE UTILITY REGULATORY COMMISSION
3
Public Utility Fund (IC 8-1-6-1)
4
Personal Services
6,729,019
6,729,019
5
Other Operating Expense
1,917,752
1,917,752
6
Augmentation allowed.
7
8
FOR THE WORKERS' COMPENSATION BOARD
9
From the General Fund
10
1,918,782
1,918,782
11
From the Workers' Compensation Supplemental Administration Fund (IC 22-3-5-6)
12
145,007
145,007
13
Augmentation allowed.
14
15
The amounts specified from the general fund and the workers' compensation supplemental
16
administrative fund are for the following purposes:
17
18
Personal Services
1,927,761
1,927,761
19
Other Operating Expense
136,028
136,028
20
21
FOR THE STATE BOARD OF ANIMAL HEALTH
22
Personal Services
4,021,557
4,021,557
23
Other Operating Expense
865,228
865,228
24
INDEMNITY FUND
25
Total Operating Expense
9,700
26
Augmentation allowed.
27
MEAT & POULTRY INSPECTION
28
Total Operating Expense
1,884,049
1,884,049
29
30
FOR THE DEPARTMENT OF HOMELAND SECURITY
31
FIRE AND BUILDING SERVICES
32
From the Fire and Building Services Fund (IC 22-12-6-1)
33
15,251,362
15,251,362
34
From the Medical Services Education Fund (IC 16-31-7-1)
35
23,437
23,437
36
Augmentation allowed from the fire and building services fund and medical services
37
education fund.
38
39
The amounts specified from the fire and building services fund and medical services
40
education fund are for the following purposes:
41
42
Personal Services
12,467,711
12,467,711
43
Other Operating Expense
2,807,088
2,807,088
44
45
REGIONAL PUBLIC SAFETY TRAINING
46
Regional Public Safety Training Fund (IC 10-15-3-12)
47
Total Operating Expense
1,902,047
1,902,047
48
Augmentation allowed.
49
1
EMERGENCY MANAGEMENT CONTINGENCY FUND
2
Total Operating Expense
221,645
221,645
3
4
The above appropriations for the emergency management contingency fund are made under
5
IC 10-14-3-28.
6
7
PUBLIC ASSISTANCE
8
Total Operating Expense
1
1
9
HOMELAND SECURITY FUND - FOUNDATION
10
Homeland Security Fund - Foundation (IC 10-15-3-1)
11
Total Operating Expense
224,423
224,423
12
Augmentation allowed.
13
INDIANA EMERGENCY RESPONSE COMMISSION
14
Emergency Planning and Right to Know Fund (IC 6-6-10-5 & IC 6-6-10-7)
15
Total Operating Expense
40,962
40,962
16
Augmentation allowed.
17
STATE DISASTER RELIEF FUND
18
State Disaster Relief Fund (IC 10-14-4-5)
19
Total Operating Expense
500,000
500,000
20
Augmentation allowed, not to exceed revenues collected from the public safety fee
21
imposed by IC 22-11-14-12.
22
23
Augmentation allowed from the general fund to match federal disaster relief funds.
24
25
REDUCED IGNITION PROPENSITY STANDARDS FOR CIGARETTES FUND
26
Reduced Ignition Propensity Standards for Cigarettes Fund (IC 22-14-7-22(a))
27
Total Operating Expense
80,000
80,000
28
Augmentation allowed.
29
INDIANA INTELLIGENCE FUSION CENTER
30
Total Operating Expense
969,252
969,252
31
STATEWIDE FIRE AND BUILDING SAFETY EDUCATION FUND
32
Statewide Fire and Building Safety Education Fund (IC 22-12-6-3)
33
Total Operating Expense
117,162
117,162
34
Augmentation allowed.
35
36
SECTION 5. [EFFECTIVE JULY 1, 2009]
37
38
CONSERVATION AND ENVIRONMENT
39
40
A. NATURAL RESOURCES
41
42
FOR THE DEPARTMENT OF NATURAL RESOURCES - ADMINISTRATION
43
Personal Services
8,179,372
8,179,372
44
Other Operating Expense
1,358,733
1,358,733
45
ENTOMOLOGY AND PLANT PATHOLOGY DIVISION
46
Personal Services
588,850
588,850
47
Other Operating Expense
151,997
151,997
48
ENTOMOLOGY AND PLANT PATHOLOGY FUND
49
Entomology and Plant Pathology Fund (IC 14-24-10-3)
1
Total Operating Expense
662,868
2
Augmentation allowed.
3
ENGINEERING DIVISION
4
Personal Services
1,728,557
1,728,557
5
Other Operating Expense
99,232
99,232
6
STATE MUSEUM
7
Personal Services
5,020,180
5,020,180
8
Other Operating Expense
1,251,406
1,251,406
9
HISTORIC PRESERVATION DIVISION
10
Personal Services
755,246
755,246
11
Other Operating Expense
70,346
70,346
12
HISTORIC PRESERVATION - FEDERAL
13
Total Operating Expense
32,559
32,559
14
STATE HISTORIC SITES
15
Personal Services
2,400,530
2,400,530
16
Other Operating Expense
499,789
499,789
17
18
From the above appropriations, $75,000 in each state fiscal year shall be used for
19
the Grissom Museum.
20
21
INDIANA FLOOD CONTROL SUMMIT
22
Total Operating Expense
5,000
0
23
24
The department of natural resources shall schedule, organize, and conduct an Indiana
25
flood control summit for one (1) or more days in Indiana before November 1, 2009.
26
27
WABASH RIVER HERITAGE CORRIDOR
28
Total Operating Expense
80,246
80,246
29
OUTDOOR RECREATION DIVISION
30
Personal Services
615,004
615,004
31
Other Operating Expense
41,931
41,931
32
NATURE PRESERVES DIVISION
33
Personal Services
923,068
923,068
34
Other Operating Expense
46,569
46,569
35
WATER DIVISION
36
Personal Services
4,417,754
4,417,754
37
Other Operating Expense
405,079
405,079
38
39
All revenues accruing from state and local units of government and from private utilities
40
and industrial concerns as a result of water resources study projects, and as a result
41
of topographic and other mapping projects, shall be deposited into the state general
42
fund, and such receipts are hereby appropriated, in addition to the foregoing amounts,
43
for water resources studies.
44
45
DEER RESEARCH AND MANAGEMENT
46
Deer Research and Management Fund (IC 14-22-5-2)
47
Total Operating Expense
189,160
189,160
48
Augmentation allowed.
49
OIL AND GAS DIVISION
1
Oil and Gas Fund (IC 6-8-1-27)
2
Personal Services
1,300,410
1,300,410
3
Other Operating Expense
322,789
322,789
4
Augmentation allowed.
5
6
STATE PARKS AND RESERVOIRS
7
From the General Fund
8
11,343,213
11,343,213
9
From the State Parks and Reservoirs Special Revenue Fund (IC 14-19-8-2)
10
20,644,742
20,644,742
11
Augmentation allowed from the State Parks and Reservoirs Special Revenue Fund.
12
13
The amounts specified from the General Fund and the State Parks and Reservoirs
14
Special Revenue Fund are for the following purposes:
15
16
Personal Services
23,781,129
23,781,129
17
Other Operating Expense
8,206,826
8,206,826
18
19
OFF-ROAD VEHICLE AND SNOWMOBILE FUND
20
Off-Road Vehicle and Snowmobile Fund (IC 14-16-1-30)
21
Total Operating Expense
291,001
291,001
22
Augmentation allowed.
23
LAW ENFORCEMENT DIVISION
24
From the General Fund
25
9,936,748
9,936,748
26
From the Fish and Wildlife Fund (IC 14-22-3-2)
27
13,381,894
13,381,894
28
Augmentation allowed from the Fish and Wildlife Fund.
29
30
The amounts specified from the General Fund and the Fish and Wildlife Fund are for
31
the following purposes:
32
33
Personal Services
19,396,301
19,396,301
34
Other Operating Expense
3,922,341
3,922,341
35
36
FISH AND WILDLIFE DIVISION
37
Fish and Wildlife Fund (IC 14-22-3-2)
38
Personal Services
13,124,471
13,124,471
39
Other Operating Expense
4,377,957
4,377,957
40
Augmentation allowed.
41
FORESTRY DIVISION
42
From the General Fund
43
4,494,586
4,494,586
44
From the State Forestry Fund (IC 14-23-3-2)
45
7,492,186
7,492,186
46
Augmentation allowed from the State Forestry Fund.
47
48
The amounts specified from the General Fund and the State Forestry Fund are
49
for the following purposes:
1
2
Personal Services
7,796,996
7,796,996
3
Other Operating Expense
4,189,776
4,189,776
4
5
All money expended by the division of forestry of the department of natural resources
6
for the detention and suppression of forest, grassland, and wasteland fires shall
7
be through the enforcement division of the department, and the employment with such
8
money of all personnel, with the exception of emergency labor, shall be in accordance
9
with IC 14-9-8.
10
11
RECLAMATION DIVISION
12
Natural Resources Reclamation Division Fund (IC 14-34-14-2)
13
Personal Services
1,496,777
1,496,777
14
Other Operating Expense
393,565
393,565
15
Augmentation allowed.
16
17
In addition to any of the foregoing appropriations for the department of natural
18
resources, any federal funds received by the state of Indiana for support of approved
19
outdoor recreation projects for planning, acquisition, and development under the
20
provisions of the federal Land and Water Conservation Fund Act, P.L.88-578, are appropriated
21
for the uses and purposes for which the funds were paid to the state, and shall be
22
distributed by the department of natural resources to state agencies and other governmental
23
units in accordance with the provisions under which the funds were received.
24
25
LAKE MICHIGAN COASTAL PROGRAM
26
Cigarette Tax Fund (IC 6-7-1-29.1)
27
Total Operating Expense
142,283
142,283
28
Augmentation allowed.
29
LAKE AND RIVER ENHANCEMENT
30
Lake and River Enhancement Fund (IC 6-6-11-12.5)
31
Total Operating Expense
4,603,882
32
Augmentation allowed.
33
CONSERVATION OFFICERS' MARINE ENFORCEMENT FUND
34
Lake and River Enhancement Fund (IC 6-6-11-12.5)
35
Total Operating Expense
795,400
795,400
36
Augmentation allowed.
37
HERITAGE TRUST
38
Build Indiana Fund (IC 4-30-17)
39
Total Operating Expense
1,000,000
1,000,000
40
41
B. OTHER NATURAL RESOURCES
42
43
FOR THE WORLD WAR MEMORIAL COMMISSION
44
Personal Services
735,437
735,437
45
Other Operating Expense
302,381
302,381
46
47
All revenues received as rent for space in the buildings located at 777 North Meridian
48
Street and 700 North Pennsylvania Street, in the city of Indianapolis, that exceed
49
the costs of operation and maintenance of the space rented, shall be paid into the
1
general fund. The American Legion shall provide for the complete maintenance of
2
the interior of these buildings.
3
4
FOR THE WHITE RIVER PARK COMMISSION
5
Total Operating Expense
998,999
998,999
6
7
FOR THE MAUMEE RIVER BASIN COMMISSION
8
Total Operating Expense
67,658
67,658
9
10
FOR THE ST. JOSEPH RIVER BASIN COMMISSION
11
Total Operating Expense
58,751
58,751
12
13
FOR THE KANKAKEE RIVER BASIN COMMISSION
14
Total Operating Expense
67,658
67,658
15
16
C. ENVIRONMENTAL MANAGEMENT
17
18
FOR THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
19
ADMINISTRATION
20
From the General Fund
21
3,363,457
3,363,457
22
From the State Solid Waste Management Fund (IC 13-20-22-2)
23
66,480
66,480
24
From the Indiana Recycling Promotion and Assistance Fund (IC 4-23-5.5-14)
25
57,475
57,475
26
From the Waste Tire Management Fund (IC 13-20-13-8)
27
101,519
101,519
28
From the Title V Operating Permit Program Trust Fund (IC 13-17-8-1)
29
639,953
639,953
30
From the Environmental Management Permit Operation Fund (IC 13-15-11-1)
31
608,752
608,752
32
From the Environmental Management Special Fund (IC 13-14-12-1)
33
88,128
88,128
34
From the Hazardous Substances Response Trust Fund (IC 13-25-4-1)
35
179,093
179,093
36
From the Asbestos Trust Fund (IC 13-17-6-3)
37
23,089
23,089
38
From the Underground Petroleum Storage Tank Trust Fund (IC 13-23-6-1)
39
51,616
51,616
40
From the Underground Petroleum Storage Tank Excess Liability Trust Fund (IC 13-23-7-1)
41
1,761,099
1,761,099
42
Augmentation allowed from the State Solid Waste Management Fund, Indiana
43
Recycling Promotion and Assistance Fund, Waste Tire Management Fund, Title
44
V Operating Permit Program Trust Fund, Environmental Management Permit
45
Operation Fund, Environmental Management Special Fund, Hazardous
46
Substances Response Trust Fund, Asbestos Trust Fund, Underground Petroleum
47
Storage Tank Trust Fund, and Underground Petroleum Storage Tank Excess
48
Liability Trust Fund.
49
1
The amounts specified from the General Fund, State Solid Waste Management Fund,
2
Indiana Recycling Promotion and Assistance Fund, Waste Tire Management Fund,
3
Title V Operating Permit Program Trust Fund, Environmental Management Permit
4
Operation Fund, Environmental Management Special Fund, Hazardous Substances
5
Response Trust Fund, Asbestos Trust Fund, Underground Petroleum Storage Tank
6
Trust Fund, and Underground Petroleum Storage Tank Excess Liability Trust Fund
7
are for the following purposes:
8
9
Personal Services
5,241,508
5,241,508
10
Other Operating Expense
1,699,153
1,699,153
11
12
LABORATORY CONTRACTS
13
Environmental Management Special Fund (IC 13-14-12-1)
14
Total Operating Expense
461,424
461,424
15
Augmentation allowed.
16
Hazardous Substances Response Trust Fund (IC 13-25-4-1)
17
Total Operating Expense
200,747
200,747
18
Augmentation allowed.
19
20
OWQ LABORATORY CONTRACTS
21
Environmental Management Special Fund (IC 13-14-12-1)
22
Total Operating Expense
340,470
340,470
23
Augmentation allowed.
24
Hazardous Substances Response Trust Fund (IC 13-25-4-1)
25
Total Operating Expense
794,430
794,430
26
Augmentation allowed.
27
28
NORTHWEST REGIONAL OFFICE
29
From the General Fund
30
308,229
308,229
31
From the State Solid Waste Management Fund (IC 13-20-22-2)
32
6,760
6,760
33
From the Indiana Recycling Promotion and Assistance Fund (IC 4-23-5.5-14)
34
5,844
5,844
35
From the Waste Tire Management Fund (IC 13-20-13-8)
36
12,094
12,094
37
From the Title V Operating Permit Program Trust Fund (IC 13-17-8-1)
38
143,845
143,845
39
From the Environmental Management Permit Operation Fund (IC 13-15-11-1)
40
69,339
69,339
41
From the Environmental Management Special Fund (IC 13-14-12-1)
42
10,760
10,760
43
From the Hazardous Substances Response Trust Fund (IC 13-25-4-1)
44
23,294
23,294
45
From the Asbestos Trust Fund (IC 13-17-6-3)
46
5,190
5,190
47
From the Underground Petroleum Storage Tank Trust Fund (IC 13-23-6-1)
48
7,396
7,396
49
Augmentation allowed from the State Solid Waste Management Fund, Indiana
1
Recycling Promotion and Assistance Fund, Waste Tire Management Fund, Title
2
V Operating Permit Program Trust Fund, Environmental Management Permit
3
Operation Fund, Environmental Management Special Fund, Hazardous Substances
4
Response Trust Fund, Asbestos Trust Fund, and Underground Petroleum Storage
5
Tank Trust Fund.
6
7
The amounts specified from the General Fund, State Solid Waste Management
8
Fund, Indiana Recycling Promotion and Assistance Fund, Waste Tire Management
9
Fund, Title V Operating Permit Program Trust Fund, Environmental Management
10
Permit Operation Fund, Environmental Management Special Fund, Hazardous
11
Substances Response Trust Fund, Asbestos Trust Fund, and Underground
12
Petroleum Storage Tank Trust Fund are for the following purposes:
13
14
Personal Services
255,609
255,609
15
Other Operating Expense
337,142
337,142
16
17
NORTHERN REGIONAL OFFICE
18
From the General Fund
19
190,702
190,702
20
From the State Solid Waste Management Fund (IC 13-20-22-2)
21
8,067
8,067
22
From the Indiana Recycling Promotion and Assistance Fund (IC 4-23-5.5-14)
23
6,972
6,972
24
From the Waste Tire Management Fund (IC 13-20-13-8)
25
12,143
12,143
26
From the Title V Operating Permit Program Trust Fund (IC 13-17-8-1)
27
118,951
118,951
28
From the Environmental Management Permit Operation Fund (IC 13-15-11-1)
29
74,143
74,143
30
From the Environmental Management Special Fund (IC 13-14-12-1)
31
11,395
11,395
32
From the Hazardous Substances Response Trust Fund (IC 13-25-4-1)
33
21,336
21,336
34
From the Asbestos Trust Fund (IC 13-17-6-3)
35
4,290
4,290
36
From the Underground Petroleum Storage Tank Trust Fund (IC 13-23-6-1)
37
6,050
6,050
38
Augmentation allowed from the State Solid Waste Management Fund, Indiana
39
Recycling Promotion and Assistance Fund, Waste Tire Management Fund, Title
40
V Operating Permit Program Trust Fund, Environmental Management Permit
41
Operation Fund, Environmental Management Special Fund, Hazardous Substances
42
Response Trust Fund, Asbestos Trust Fund, and Underground Petroleum Storage
43
Tank Trust Fund.
44
45
The amounts specified from the General Fund, State Solid Waste Management Fund,
46
Indiana Recycling Promotion and Assistance Fund, Waste Tire Management Fund,
47
Title V Operating Permit Program Trust Fund, Environmental Management Permit
48
Operation Fund, Environmental Management Special Fund, Hazardous Substances
49
Response Trust Fund, Asbestos Trust Fund, and Underground Petroleum Storage
1
Tank Trust Fund are for the following purposes:
2
3
Personal Services
204,566
204,566
4
Other Operating Expense
249,483
249,483
5
6
SOUTHWEST REGIONAL OFFICE
7
From the General Fund
8
152,909
152,909
9
From the State Solid Waste Management Fund (IC 13-20-22-2)
10
16,615
16,615
11
From the Indiana Recycling Promotion and Assistance Fund (IC 4-23-5.5-14)
12
14,363
14,363
13
From the Waste Tire Management Fund (IC 13-20-13-8)
14
20,150
20,150
15
From the Title V Operating Permit Program Trust Fund (IC 13-17-8-1)
16
69,085
69,085
17
From the Environmental Management Permit Operation Fund (IC 13-15-11-1)
18
65,400
65,400
19
From the Environmental Management Special Fund (IC 13-14-12-1)
20
11,913
11,913
21
From the Hazardous Substances Response Trust Fund (IC 13-25-4-1)
22
22,794
22,794
23
From the Asbestos Trust Fund (IC 13-17-6-3)
24
2,490
2,490
25
From the Underground Petroleum Storage Tank Trust Fund (IC 13-23-6-1)
26
6,564
6,564
27
Augmentation allowed from the State Solid Waste Management Fund, Indiana
28
Recycling Promotion and Assistance Fund, Waste Tire Management Fund, Title
29
V Operating Permit Program Trust Fund, Environmental Management Permit
30
Operation Fund, Environmental Management Special Fund, Hazardous Substances
31
Response Trust Fund, Asbestos Trust Fund, and Underground Petroleum Storage
32
Tank Trust Fund.
33
34
The amounts specified from the General Fund, State Solid Waste Management Fund,
35
Indiana Recycling Promotion and Assistance Fund, Waste Tire Management Fund,
36
Title V Operating Permit Program Trust Fund, Environmental Management Permit
37
Operation Fund, Environmental Management Special Fund, Hazardous Substances
38
Response Trust Fund, Asbestos Trust Fund, and Underground Petroleum Storage
39
Tank Trust Fund are for the following purposes:
40
41
Personal Services
200,171
200,171
42
Other Operating Expense
182,112
182,112
43
44
LEGAL AFFAIRS
45
From the General Fund
46
493,113
493,113
47
From the Waste Tire Management Fund (IC 13-20-13-8)
48
8,168
8,168
49
From the Title V Operating Permit Program Trust Fund (IC 13-17-8-1)
1
217,015
217,015
2
From the Environmental Management Permit Operation Fund (IC 13-15-11-1)
3
159,037
159,037
4
From the Environmental Management Special Fund (IC 13-14-12-1)
5
19,518
19,518
6
From the Hazardous Substances Response Trust Fund (IC 13-25-4-1)
7
36,872
36,872
8
From the Asbestos Trust Fund (IC 13-17-6-3)
9
7,829
7,829
10
From the Underground Petroleum Storage Tank Trust Fund (IC 13-23-6-1)
11
9,907
9,907
12
From the Underground Petroleum Storage Tank Excess Liability Trust Fund (IC 13-23-7-1)
13
337,980
337,980
14
Augmentation allowed from the Waste Tire Management Fund, Title V Operating
15
Permit Program Trust Fund, Environmental Management Permit Operation Fund,
16
Environmental Management Special Fund, Hazardous Substances Response Trust
17
Fund, Asbestos Trust Fund, Underground Petroleum Storage Tank Trust Fund,
18
and Underground Petroleum Storage Tank Excess Liability Trust Fund.
19
20
The amounts specified from the General Fund, Waste Tire Management Fund, Title V
21
Operating Permit Program Trust Fund, Environmental Management Permit Operation
22
Fund, Environmental Management Special Fund, Hazardous Substances Response Trust
23
Fund, Asbestos Trust Fund, Underground Petroleum Storage Tank Trust Fund, and
24
Underground Petroleum Storage Tank Excess Liability Trust Fund are for the
25
following purposes:
26
27
Personal Services
1,173,821
1,173,821
28
Other Operating Expense
115,618
115,618
29
30
ENFORCEMENT
31
From the General Fund
32
199,909
199,909
33
From the Waste Tire Management Fund (IC 13-20-13-8)
34
14,231
14,231
35
From the Title V Operating Permit Program Trust Fund (IC 13-17-8-1)
36
55,898
55,898
37
From the Environmental Management Special Fund (IC 13-14-12-1)
38
15,847
15,847
39
From the Hazardous Substances Response Trust Fund (IC 13-25-4-1)
40
51,200
51,200
41
From the Asbestos Trust Fund (IC 13-17-6-3)
42
2,016
2,016
43
From the Underground Petroleum Storage Tank Trust Fund (IC 13-23-6-1)
44
17,255
17,255
45
Augmentation allowed from the Waste Tire Management Fund, Title V Operating
46
Permit Program Trust Fund, Environmental Management Special Fund, Hazardous
47
Substances Response Trust Fund, Asbestos Trust Fund, and Underground Petroleum
48
Storage Tank Trust Fund.
49
1
The amounts specified from the General Fund, Waste Tire Management Fund, Title V
2
Operating Permit Program Trust Fund, Environmental Management Special Fund,
3
Hazardous Substances Response Trust Fund, Asbestos Trust Fund, and Underground
4
Petroleum Storage Tank Trust Fund are for the following purposes:
5
6
Personal Services
289,276
289,276
7
Other Operating Expense
67,080
67,080
8
9
INVESTIGATIONS
10
From the General Fund
11
173,097
173,097
12
From the State Solid Waste Management Fund (IC 13-20-22-2)
13
6,622
6,622
14
From the Indiana Recycling Promotion and Assistance Fund (IC 4-23-5.5-14)
15
5,725
5,725
16
From the Waste Tire Management Fund (IC 13-20-13-8)
17
15,565
15,565
18
From the Title V Operating Permit Program Trust Fund (IC 13-17-8-1)
19
57,883
57,883
20
From the Environmental Management Permit Operation Fund (IC 13-15-11-1)
21
83,397
83,397
22
From the Environmental Management Special Fund (IC 13-14-12-1)
23
10,405
10,405
24
From the Hazardous Substances Response Trust Fund (IC 13-25-4-1)
25
33,468
33,468
26
From the Asbestos Trust Fund (IC 13-17-6-3)
27
2,088
2,088
28
From the Underground Petroleum Storage Tank Trust Fund (IC 13-23-6-1)
29
11,753
11,753
30
Augmentation allowed from the State Solid Waste Management Fund, Indiana
31
Recycling Promotion and Assistance Fund, Waste Tire Management Fund, Title V
32
Operating Permit Program Trust Fund, Environmental Management Permit Operation
33
Fund, Environmental Management Special Fund, Hazardous Substances Response Trust
34
Fund, Asbestos Trust Fund, and Underground Petroleum Storage Tank Trust Fund.
35
36
The amounts specified from the General Fund, State Solid Waste Management Fund,
37
Indiana Recycling Promotion and Assistance Fund, Waste Tire Management Fund,
38
Title V Operating Permit Program Trust Fund, Environmental Management Permit
39
Operation Fund, Environmental Management Special Fund, Hazardous Substances
40
Response Trust Fund, Asbestos Trust Fund, and Underground Petroleum Storage Tank
41
Trust Fund are for the following purposes:
42
43
Personal Services
330,556
330,556
44
Other Operating Expense
69,447
69,447
45
46
MEDIA AND COMMUNICATIONS
47
From the General Fund
48
417,794
417,794
49
From the State Solid Waste Management Fund (IC 13-20-22-2)
1
8,437
8,437
2
From the Indiana Recycling Promotion and Assistance Fund (IC 4-23-5.5-14)
3
7,294
7,294
4
From the Waste Tire Management Fund (IC 13-20-13-8)
5
12,595
12,595
6
From the Title V Operating Permit Program Trust Fund (IC 13-17-8-1)
7
73,727
73,727
8
From the Environmental Management Permit Operation Fund (IC 13-15-11-1)
9
64,768
64,768
10
From the Environmental Management Special Fund (IC 13-14-12-1)
11
9,757
9,757
12
From the Hazardous Substances Response Trust Fund (IC 13-25-4-1)
13
20,693
20,693
14
From the Asbestos Trust Fund (IC 13-17-6-3)
15
2,657
2,657
16
From the Underground Petroleum Storage Tank Trust Fund (IC 13-23-6-1)
17
6,208
6,208
18
From the Underground Petroleum Storage Tank Excess Liability Trust Fund (IC 13-23-7-1)
19
211,660
211,660
20
Augmentation allowed from the State Solid Waste Management Fund, Indiana
21
Recycling Promotion and Assistance Fund, Waste Tire Management Fund, Title V
22
Operating Permit Program Trust Fund, Environmental Management Permit Operation
23
Fund, Environmental Management Special Fund, Hazardous Substances Response
24
Trust Fund, Asbestos Trust Fund, Underground Petroleum Storage Tank Trust
25
Fund, and Underground Petroleum Storage Tank Excess Liability Trust Fund.
26
27
The amounts specified from the General Fund, State Solid Waste Management Fund,
28
Indiana Recycling Promotion and Assistance Fund, Waste Tire Management Fund,
29
Title V Operating Permit Program Trust Fund, Environmental Management Permit
30
Operation Fund, Environmental Management Special Fund, Hazardous Substances
31
Response Trust Fund, Asbestos Trust Fund, Underground Petroleum Storage Tank
32
Trust Fund, and Underground Petroleum Storage Tank Excess Liability Trust Fund,
33
are for the following purposes:
34
35
Personal Services
780,640
780,640
36
Other Operating Expense
54,950
54,950
37
38
COMMUNITY RELATIONS
39
From the General Fund
40
480,081
480,081
41
From the State Solid Waste Management Fund (IC 13-20-22-2)
42
13,954
13,954
43
From the Indiana Recycling Promotion and Assistance Fund (IC 4-23-5.5-14)
44
12,061
12,061
45
From the Waste Tire Management Fund (IC 13-20-13-8)
46
20,830
20,830
47
From the Title V Operating Permit Program Trust Fund (IC 13-17-8-1)
48
121,916
121,916
49
From the Environmental Management Permit Operation Fund (IC 13-15-11-1)
1
107,104
107,104
2
From the Environmental Management Special Fund (IC 13-14-12-1)
3
16,124
16,124
4
From the Hazardous Substances Response Trust Fund (IC 13-25-4-1)
5
34,215
34,215
6
From the Asbestos Trust Fund (IC 13-17-6-3)
7
4,398
4,398
8
From the Underground Petroleum Storage Tank Trust Fund (IC 13-23-6-1)
9
10,260
10,260
10
From the Underground Petroleum Storage Tank Excess Liability Trust Fund (IC 13-23-7-1)
11
349,996
349,996
12
Augmentation allowed from the State Solid Waste Management Fund, Indiana
13
Recycling Promotion and Assistance Fund, Waste Tire Management Fund, Title V
14
Operating Permit Program Trust Fund, Environmental Management Permit Operation
15
Fund, Environmental Management Special Fund, Hazardous Substances Response
16
Trust Fund, Asbestos Trust Fund, Underground Petroleum Storage Tank Trust
17
Fund, and Underground Petroleum Storage Tank Excess Liability Trust Fund.
18
19
The amounts specified from the General Fund, State Solid Waste Management Fund,
20
Indiana Recycling Promotion and Assistance Fund, Waste Tire Management Fund,
21
Title V Operating Permit Program Trust Fund, Environmental Management Permit
22
Operation Fund, Environmental Management Special Fund, Hazardous Substances
23
Response Trust Fund, Asbestos Trust Fund, Underground Petroleum Storage Tank
24
Trust Fund, and Underground Petroleum Storage Tank Excess Liability Trust Fund
25
are for the following purposes:
26
27
Personal Services
1,080,148
1,080,148
28
Other Operating Expense
90,791
90,791
29
30
OHIO RIVER VALLEY WATER SANITATION COMMISSION
31
Environmental Management Special Fund (IC 13-14-12-1)
32
Total Operating Expense
270,242
270,242
33
Augmentation allowed.
34
OFFICE OF ENVIRONMENTAL RESPONSE
35
Personal Services
3,000,468
3,000,468
36
Other Operating Expense
319,013
319,013
37
POLLUTION PREVENTION AND TECHNICAL ASSISTANCE
38
Personal Services
1,456,036
1,456,036
39
Other Operating Expense
437,489
437,489
40
PCB INSPECTIONS
41
Environmental Management Permit Operation Fund (IC 13-15-11-1)
42
Total Operating Expense
30,562
30,562
43
Augmentation allowed.
44
U.S. GEOLOGICAL SURVEY CONTRACTS
45
Environmental Management Special Fund (IC 13-14-12-1)
46
Total Operating Expense
64,398
64,398
47
Augmentation allowed.
48
STATE SOLID WASTE GRANTS MANAGEMENT
49
State Solid Waste Management Fund (IC 13-20-22-2)
1
Personal Services
391,814
391,814
2
Other Operating Expense
337,443
337,443
3
Augmentation allowed.
4
RECYCLING OPERATING
5
Indiana Recycling Promotion and Assistance Fund (IC 4-23-5.5-14)
6
Personal Services
325,931
325,931
7
Other Operating Expense
312,525
312,525
8
Augmentation allowed.
9
RECYCLING PROMOTION AND ASSISTANCE PROGRAM
10
Indiana Recycling Promotion and Assistance Fund (IC 4-23-5.5-14)
11
Total Operating Expense
770,000
770,000
12
Augmentation allowed.
13
VOLUNTARY CLEAN-UP PROGRAM
14
Voluntary Remediation Fund (IC 13-25-5-21)
15
Personal Services
739,322
739,322
16
Other Operating Expense
179,935
179,935
17
Augmentation allowed.
18
TITLE V AIR PERMIT PROGRAM
19
Title V Operating Permit Program Trust Fund (IC 13-17-8-1)
20
Personal Services
12,041,882
12,041,882
21
Other Operating Expense
2,798,196
2,798,196
22
Augmentation allowed.
23
WATER MANAGEMENT PERMITTING
24
From the General Fund
25
1,923,612
1,923,612
26
From the Environmental Management Permit Operation Fund (IC 13-15-11-1)
27
4,867,843
4,867,843
28
Augmentation allowed from the Environmental Management Permit Operation Fund.
29
30
The amounts specified from the General Fund and the Environmental Management Permit
31
Operation Fund are for the following purposes:
32
33
Personal Services
6,136,065
6,136,065
34
Other Operating Expense
655,390
655,390
35
36
SOLID WASTE MANAGEMENT PERMITTING
37
From the General Fund
38
2,221,388
2,221,388
39
From the Environmental Management Permit Operation Fund (IC 13-15-11-1)
40
3,409,461
3,409,461
41
Augmentation allowed from the Environmental Management Permit Operation Fund.
42
43
The amounts specified from the General Fund and the Environmental Management Permit
44
Operation Fund are for the following purposes:
45
46
Personal Services
5,310,601
5,310,601
47
Other Operating Expense
320,248
320,248
48
49
CFO/CAFO INSPECTIONS
1
Total Operating Expense
450,000
450,000
2
3
HAZARDOUS WASTE MANAGEMENT PERMITTING
4
From the General Fund
5
2,319,283
2,319,283
6
From the Environmental Management Permit Operation Fund (IC 13-15-11-1)
7
2,762,897
2,762,897
8
Augmentation allowed from the Environmental Management Permit Operation Fund.
9
10
The amounts specified from the General Fund and the Environmental Management Permit
11
Operation Fund are for the following purposes:
12
13
Personal Services
4,156,730
4,156,730
14
Other Operating Expense
925,450
925,450
15
16
SAFE DRINKING WATER PROGRAM
17
From the General Fund
18
371,290
371,290
19
From the Environmental Management Permit Operation Fund (IC 13-15-11-1)
20
2,421,272
2,421,272
21
Augmentation allowed from the Environmental Management Permit Operation Fund.
22
23
The amounts specified from the General Fund and the Environmental Management Permit
24
Operation Fund are for the following purposes:
25
26
Personal Services
2,301,996
2,301,996
27
Other Operating Expense
490,566
490,566
28
29
CLEAN VESSEL PUMPOUT
30
Environmental Management Special Fund (IC 13-14-12-1)
31
Total Operating Expense
77,588
77,588
32
Augmentation allowed.
33
GROUNDWATER PROGRAM
34
Environmental Management Special Fund (IC 13-14-12-1)
35
Total Operating Expense
122,150
122,150
36
Augmentation allowed.
37
UNDERGROUND STORAGE TANK PROGRAM
38
Underground Petroleum Storage Tank Trust Fund (IC 13-23-6-1)
39
Total Operating Expense
656,973
656,973
40
Augmentation allowed.
41
Underground Petroleum Storage Tank Excess Liability Trust Fund (IC 13-23-7-1)
42
Total Operating Expense
282,669
282,669
43
Augmentation allowed.
44
AIR MANAGEMENT OPERATING
45
From the General Fund
46
620,477
620,477
47
From the Environmental Management Special Fund (IC 13-14-12-1)
48
248,424
248,424
49
Augmentation allowed from the Environmental Management Special Fund.
1
2
The amounts specified from the General Fund and the Environmental Management Special
3
Fund are for the following purposes:
4
5
Personal Services
518,018
518,018
6
Other Operating Expense
350,883
350,883
7
8
WATER MANAGEMENT NONPERMITTING
9
Personal Services
3,291,009
3,291,009
10
Other Operating Expense
719,538
719,538
11
GREAT LAKES INITIATIVE
12
Environmental Management Special Fund (IC 13-14-12-1)
13
Total Operating Expense
57,207
57,207
14
Augmentation allowed.
15
OUTREACH OPERATOR TRAINING
16
General Fund
17
Total Operating Expense
2,963
2,963
18
Environmental Management Special Fund (IC 13-14-12-1)
19
Total Operating Expense
5,924
5,924
20
Augmentation allowed.
21
LEAKING UNDERGROUND STORAGE TANKS
22
Underground Petroleum Storage Tank Trust Fund (IC 13-23-6-1)
23
Personal Services
161,311
161,311
24
Other Operating Expense
31,718
31,718
25
Augmentation allowed.
26
CORE SUPERFUND
27
Hazardous Substances Response Trust Fund (IC 13-25-4-1)
28
Total Operating Expense
12,967
12,967
29
Augmentation allowed.
30
AUTO EMISSIONS TESTING PROGRAM
31
Personal Services
86,983
86,983
32
Other Operating Expense
5,672,829
5,672,829
33
34
The above appropriations for auto emissions testing are the maximum amounts available
35
for this purpose. If it becomes necessary to conduct additional tests in other locations, the
36
above appropriations shall be prorated among all locations.
37
38
HAZARDOUS WASTE SITE - STATE CLEAN-UP
39
Hazardous Substances Response Trust Fund (IC 13-25-4-1)
40
Personal Services
1,425,495
1,425,495
41
Other Operating Expense
515,152
515,152
42
Augmentation allowed.
43
HAZARDOUS WASTE SITES - NATURAL RESOURCE DAMAGES
44
Hazardous Substances Response Trust Fund (IC 13-25-4-1)
45
Personal Services
141,408
141,408
46
Other Operating Expense
289,544
289,544
47
Augmentation allowed.
48
SUPERFUND MATCH
49
Hazardous Substances Response Trust Fund (IC 13-25-4-1)
1
Total Operating Expense
511,675
511,675
2
Augmentation allowed.
3
HOUSEHOLD HAZARDOUS WASTE
4
Hazardous Substances Response Trust Fund (IC 13-25-4-1)
5
Other Operating Expense
278,293
278,293
6
Augmentation allowed.
7
ASBESTOS TRUST - OPERATING
8
Asbestos Trust Fund (IC 13-17-6-3)
9
Personal Services
415,391
415,391
10
Other Operating Expense
132,292
132,292
11
Augmentation allowed.
12
UNDERGROUND PETROLEUM STORAGE TANK - OPERATING
13
Underground Petroleum Storage Tank Excess Liability Trust Fund (IC 13-23-7-1)
14
Personal Services
874,215
874,215
15
Other Operating Expense
42,446,857
42,446,857
16
Augmentation allowed.
17
WASTE TIRE MANAGEMENT
18
Waste Tire Management Fund (IC 13-20-13-8)
19
Total Operating Expense
563,887
563,887
20
Augmentation allowed.
21
WASTE TIRE RE-USE
22
Waste Tire Management Fund (IC 13-20-13-8)
23
Total Operating Expense
907,796
907,796
24
Augmentation allowed.
25
VOLUNTARY COMPLIANCE
26
Environmental Management Special Fund (IC 13-14-12-1)
27
Personal Services
293,070
293,070
28
Other Operating Expense
170,394
170,394
29
Augmentation allowed.
30
ENVIRONMENTAL MANAGEMENT SPECIAL FUND - OPERATING
31
Environmental Management Special Fund (IC 13-14-12-1)
32
Total Operating Expense
961,315
961,315
33
Augmentation allowed.
34
SMALL TOWN COMPLIANCE
35
Environmental Management Special Fund (IC 13-14-12-1)
36
Total Operating Expense
58,200
58,200
37
Augmentation allowed.
38
WETLANDS PROTECTION
39
Environmental Management Special Fund (IC 13-14-12-1)
40
Total Operating Expense
22,148
22,148
41
Augmentation allowed.
42
PETROLEUM TRUST - OPERATING
43
Underground Petroleum Storage Tank Trust Fund (IC 13-23-6-1)
44
Personal Services
121,790
121,790
45
Other Operating Expense
350,689
350,689
46
Augmentation allowed.
47
48
Notwithstanding any other law, with the approval of the governor and the budget agency,
49
the above appropriations for hazardous waste management permitting, wetlands
1
protection, groundwater program, underground storage tank program, air management
2
operating, asbestos trust operating, water management nonpermitting, safe drinking water
3
program, and any other appropriation eligible to be included in a performance
4
partnership grant may be used to fund activities incorporated into a performance
5
partnership grant between the United States Environmental Protection Agency and the
6
department of environmental management.
7
8
FOR THE OFFICE OF ENVIRONMENTAL ADJUDICATION
9
Personal Services
308,690
308,690
10
Other Operating Expense
59,560
59,560
11
12
SECTION 6. [EFFECTIVE JULY 1, 2009]
13
14
ECONOMIC DEVELOPMENT
15
16
A. AGRICULTURE
17
18
FOR THE DEPARTMENT OF AGRICULTURE
19
Personal Services
1,930,284
1,930,284
20
Other Operating Expense
456,387
456,387
21
22
DISTRIBUTIONS TO FOOD BANKS
23
Total Operating Expense
300,000
300,000
24
CLEAN WATER INDIANA
25
Build Indiana Fund (IC 4-30-17)
26
Total Operating Expense
500,000
500,000
27
Cigarette Tax Fund (IC 6-7-1-29.1)
28
Total Operating Expense
3,666,425
3,666,425
29
Augmentation allowed.
30
SOIL CONSERVATION DIVISION
31
Cigarette Tax Fund (IC 6-7-1-29.1)
32
Total Operating Expense
1,862,216
1,862,216
33
Augmentation allowed.
34
GRAIN BUYERS AND WAREHOUSE LICENSING
35
Grain Buyers and Warehouse Licensing Agency License Fee Fund (IC 26-3-7-6.3)
36
Total Operating Expense
165,050
165,050
37
Augmentation allowed.
38
39
B. COMMERCE
40
41
FOR THE LIEUTENANT GOVERNOR
42
RURAL ECONOMIC DEVELOPMENT FUND
43
Tobacco Master Settlement Agreement Fund (IC 4-12-1-14.3)
44
Total Operating Expense
1,747,688
1,747,688
45
OFFICE OF TOURISM
46
General Fund
47
3,406,684
3,406,684
48
ARRA State Fiscal Stabilization Fund (Section 14002(b))
49
1,000,000
1,000,000
1
Total Operating Expense
4,406,684
4,406,684
2
3
Of the above appropriations, the office of tourism shall distribute $1,000,000 each
4
year to the Indiana Sports Corporation to promote the hosting of amateur sporting
5
events in Indiana cities. Funds may be released after review by the budget committee.
6
The above appropriations include $1,000,000 for grants for local convention and visitors
7
bureaus and other local organizations that exist to promote tourism. The office of
8
tourism shall develop standards for application for grants and award of grants, including
9
a local match requirement. The maximum amount of a grant is $50,000. Funds may be
10
released only after review by the budget committee.
11
12
STATE ENERGY PROGRAM
13
Total Operating Expense
237,963
237,963
14
FOOD ASSISTANCE PROGRAM
15
Total Operating Expense
131,261
131,261
16
17
FOR THE INDIANA ECONOMIC DEVELOPMENT CORPORATION
18
ADMINISTRATIVE AND FINANCIAL SERVICES
19
General Fund
20
Total Operating Expense
6,423,392
6,423,392
21
Training 2000 Fund (IC 5-28-7-5)
22
Total Operating Expense
185,630
185,630
23
Industrial Development Grant Fund (IC 5-28-25-4)
24
Total Operating Expense
52,139
52,139
25
21ST CENTURY RESEARCH & TECHNOLOGY FUND
26
From the General Fund
27
22,375,000
22,375,000
28
From the ARRA State Fiscal Stabilization Fund (Section 14002(b))
29
12,500,000
12,500,000
30
Total Operating Expense
34,875,000
34,875,000
31
INTERNATIONAL TRADE
32
Total Operating Expense
1,297,049
1,297,049
33
ENTERPRISE ZONE PROGRAM
34
Enterprise Zone Fund (IC 5-28-15-6)
35
Total Operating Expense
215,536
215,536
36
Augmentation allowed.
37
LOCAL ECONOMIC DEVELOPMENT ORGANIZATION/
38
REGIONAL ECONOMIC DEVELOPMENT ORGANIZATION
39
(LEDO/REDO) MATCHING GRANT PROGRAM
40
Total Operating Expense
1,713,990
41
TRAINING 2000
42
General Fund
43
Total Operating Expense
19,401,660
44
Training 2000 Fund (IC 5-28-7-5)
45
Total Operating Expense
3,858,206
46
Augmentation allowed.
47
BUSINESS PROMOTION PROGRAM
48
Total Operating Expense
2,049,126
49
TRADE PROMOTION PROGRAM
1
Total Operating Expense
167,791
167,791
2
BUSINESS DEVELOPMENT LOAN PROGRAM
3
Total Operating Expense
838,953
838,953
4
AG LOAN AND RURAL DEVELOP GUARANTEE FUND
5
Economic Development Fund (IC 5-28-8-5)
6
Total Operating Expense
200,000
200,000
7
Augmentation allowed.
8
ECONOMIC DEVELOPMENT GRANT AND LOAN PROGRAM
9
General Fund
10
Total Operating Expense
1,006,744
11
Economic Development Fund (IC 5-28-8-5)
12
Total Operating Expense
448,256
13
Augmentation allowed.
14
INDUSTRIAL DEVELOPMENT GRANT PROGRAM
15
General Fund
16
Total Operating Expense
6,500,000
17
Industrial Development Grant Fund (IC 5-28-25-4)
18
Total Operating Expense
4,500,000
19
Augmentation allowed.
20
TECHNOLOGY DEVELOPMENT GRANT PROGRAM
21
Total Operating Expense
1,894,410
1,894,410
22
23
FOR THE INDIANA FINANCE AUTHORITY (IFA)
24
ENVIRONMENTAL REMEDIATION REVOLVING LOAN PROGRAM
25
Total Operating Expense
2,097,382
26
27
FOR THE HOUSING AND COMMUNITY DEVELOPMENT AUTHORITY
28
INDIANA INDIVIDUAL DEVELOPMENT ACCOUNTS
29
Total Operating Expense
1,000,000
1,000,000
30
31
The housing and community development authority shall collect and report to the family
32
and social services administration (FSSA) all data required for FSSA to meet the
33
data collection and reporting requirements in 45 CFR Part 265.
34
35
Family and social services administration, division of family resources shall apply
36
all qualifying expenditures for individual development accounts deposits toward Indiana's
37
maintenance of effort under the federal Temporary Assistance to Needy Families
38
(TANF) program (45 CFR 260 et seq.).
39
40
MORTGAGE FORECLOSURE COUNSELING
41
Home Ownership Education Fund (IC 5-20-1-27)
42
Total Operating Expense
2,000,000
2,000,000
43
Augmentation Allowed.
44
45
FOR THE STATE BUDGET AGENCY
46
MIDWEST INSTITUTE FOR NANOELECTRONICS DISCOVERY (MIND)
47
ARRA State Fiscal Stabilization Fund (Section 14002(b))
48
Total Operating Expense
10,000,000
49
1
C. EMPLOYMENT SERVICES
2
3
FOR THE DEPARTMENT OF WORKFORCE DEVELOPMENT
4
ADMINISTRATION
5
Total Operating Expense
855,000
855,000
6
WOMEN'S COMMISSION
7
Personal Services
106,824
106,824
8
Other Operating Expense
12,175
12,175
9
NATIVE AMERICAN INDIAN AFFAIRS COMMISSION
10
Total Operating Expense
90,211
90,211
11
COMMISSION ON HISPANIC/LATINO AFFAIRS
12
Total Operating Expense
124,235
124,235
13
14
The above appropriations are in addition to any funding for the commission derived
15
from funds appropriated to the department of workforce development.
16
17
D. OTHER ECONOMIC DEVELOPMENT
18
19
FOR THE INDIANA STATE FAIR BOARD
20
STATE FAIR
21
Total Operating Expense
2,119,124
2,119,124
22
23
SECTION 7. [EFFECTIVE JULY 1, 2009]
24
25
TRANSPORTATION
26
27
FOR THE DEPARTMENT OF TRANSPORTATION
28
29
For the conduct and operation of the department of transportation, the following
30
sums are appropriated for the periods designated, from federal funds, the state general
31
fund, the public mass transportation fund, the industrial rail service fund, the
32
state highway fund, the motor vehicle highway account, the distressed road fund,
33
the state highway road construction and improvement fund, the motor carrier regulation
34
fund, and the crossroads 2000 fund.
35
36
INTERMODAL GRANT PROGRAM
37
Public Mass Transportation Fund (IC 8-23-3-8)
38
Total Operating Expense
50,000
50,000
39
Augmentation allowed.
40
RAILROAD GRADE CROSSING IMPROVEMENT
41
Motor Vehicle Highway Account (IC 8-14-1)
42
Total Operating Expense
500,000
500,000
43
HIGH SPEED RAIL
44
Industrial Rail Service Fund (IC 8-3-1.7-2)
45
Matching Funds
40,000
46
Augmentation allowed.
47
PUBLIC MASS TRANSPORTATION
48
Public Mass Transportation Fund (IC 8-23-3-8)
49
Total Operating Expense
43,740,000
45,980,000
1
Augmentation allowed.
2
3
Any unencumbered amount remaining from this appropriation at the end of a state fiscal
4
year remains available in subsequent state fiscal years for the purposes for which
5
it is appropriated.
6
7
The appropriations are to be used solely for the promotion and development of public
8
transportation. The department of transportation shall allocate funds based on a
9
formula approved by the commissioner of the department of transportation.
10
11
The department of transportation may distribute public mass transportation funds
12
to an eligible grantee that provides public transportation in Indiana.
13
14
The state funds can be used to match federal funds available under the Federal Transit
15
Act (49 U.S.C. 1601, et seq.) or local funds from a requesting grantee.
16
17
Before funds may be disbursed to a grantee, the grantee must submit its request for
18
financial assistance to the department of transportation for approval. Allocations
19
must be approved by the governor and the budget agency after review by the budget
20
committee and shall be made on a reimbursement basis. Only applications for capital
21
and operating assistance may be approved. Only those grantees that have met the reporting
22
requirements under IC 8-23-3 are eligible for assistance under this appropriation.
23
24
HIGHWAY OPERATING
25
State Highway Fund (IC 8-23-9-54)
26
Personal Services
256,703,031
252,219,117
27
Other Operating Expense
63,309,536
63,309,536
28
29
HIGHWAY VEHICLE AND ROAD MAINTENANCE EQUIPMENT
30
State Highway Fund (IC 8-23-9-54)
31
Other Operating Expense
8,800,000
18,000,000
32
33
The above appropriations for highway operating and highway vehicle and road maintenance
34
equipment may be used for personal services, equipment, and other operating expense,
35
including the cost of transportation for the governor.
36
37
HIGHWAY MAINTENANCE WORK PROGRAM
38
State Highway Fund (IC 8-23-9-54)
39
Other Operating Expense
63,000,000
70,000,000
40
41
The above appropriations for the highway maintenance work program may be used for:
42
(1) materials for patching roadways and shoulders;
43
(2) repairing and painting bridges;
44
(3) installing signs and signals and painting roadways for traffic control;
45
(4) mowing, herbicide application, and brush control;
46
(5) drainage control;
47
(6) maintenance of rest areas, public roads on properties of the department of natural
48
resources, and driveways on the premises of all state facilities;
49
(7) materials for snow and ice removal;
1
(8) utility costs for roadway lighting; and
2
(9) other special maintenance and support activities consistent with the highway
3
maintenance work program.
4
5
HIGHWAY CAPITAL IMPROVEMENTS
6
State Highway Fund (IC 8-23-9-54)
7
Right-of-Way Expense
38,250,000
24,800,000
8
Formal Contracts Expense
47,181,225
72,307,207
9
Consulting Services Expense
18,600,000
24,736,741
10
Institutional Road Construction
5,000,000
5,000,000
11
12
The above appropriations for the capital improvements program may be used for:
13
(1) bridge rehabilitation and replacement;
14
(2) road construction, reconstruction, or replacement;
15
(3) construction, reconstruction, or replacement of travel lanes, intersections,
16
grade separations, rest parks, and weigh stations;
17
(4) relocation and modernization of existing roads;
18
(5) resurfacing;
19
(6) erosion and slide control;
20
(7) construction and improvement of railroad grade crossings, including the use of
21
the appropriations to match federal funds for projects;
22
(8) small structure replacements;
23
(9) safety and spot improvements; and
24
(10) right-of-way, relocation, and engineering and consulting expenses associated
25
with any of the above types of projects.
26
27
The appropriations for highway operating, highway vehicle and road maintenance
28
equipment, highway buildings and grounds, the highway planning and research program,
29
the highway maintenance work program, and highway capital improvements are appropriated
30
from estimated revenues, which include the following:
31
(1) Funds distributed to the state highway fund from the motor vehicle highway account
32
under IC 8-14-1-3(4).
33
(2) Funds distributed to the state highway fund from the highway, road and street
34
fund under IC 8-14-2-3.
35
(3) All fees and miscellaneous revenues deposited in or accruing to the state highway
36
fund under IC 8-23-9-54.
37
(4) Any unencumbered funds carried forward in the state highway fund from any previous
38
fiscal year.
39
(5) All other funds appropriated or made available to the department of transportation
40
by the general assembly.
41
42
If funds from sources set out above for the department of transportation exceed appropriations
43
from those sources to the department, the excess amount is hereby appropriated to
44
be used for formal contracts with approval of the governor and the budget agency.
45
46
If there is a change in a statute reducing or increasing revenue for department use,
47
the budget agency shall notify the auditor of state to adjust the above appropriations
48
to reflect the estimated increase or decrease. Upon the request of the department,
49
the budget agency, with the approval of the governor, may allot any increase in appropriations
1
to the department for formal contracts.
2
3
If the department of transportation finds that an emergency exists or that an appropriation
4
will be insufficient to cover expenses incurred in the normal operation of the department,
5
the budget agency may, upon request of the department, and with the approval of the
6
governor, transfer funds from revenue sources set out above from one (1) appropriation
7
to the deficient appropriation. No appropriation from the state highway fund may
8
be used to fund any toll road or toll bridge project except as specifically provided
9
for under IC 8-15-2-20.
10
11
HIGHWAY PLANNING AND RESEARCH PROGRAM
12
State Highway Fund (IC 8-23-9-54)
13
Total Operating Expense
2,500,000
2,500,000
14
15
STATE HIGHWAY ROAD CONSTRUCTION AND IMPROVEMENT PROGRAM
16
State Highway Road Construction Improvement Fund (IC 8-14-10-5)
17
Lease Rental Payments Expense
61,524,711
62,139,958
18
Augmentation allowed.
19
20
The above appropriations for the state highway road construction and improvement
21
program are appropriated from the state highway road construction and improvement
22
fund provided in IC 8-14-10-5 and may include any unencumbered funds carried forward
23
from any previous fiscal year. The funds shall be first used for payment of rentals
24
and leases relating to projects under IC 8-14.5. If any funds remain, the funds may
25
be used for the following purposes.
26
(1) road and bridge construction, reconstruction, or replacement;
27
(2) construction, reconstruction, or replacement of travel lanes, intersections,
28
and grade separations;
29
(3) relocation and modernization of existing roads; and
30
(4) right-of-way, relocation, and engineering and consulting expenses associated
31
with any of the above types of projects.
32
33
CROSSROADS 2000 PROGRAM
34
Crossroads 2000 Fund (IC 8-14-10-9)
35
Lease Rental Payment Expense
46,142,787
38,517,564
36
Augmentation allowed.
37
38
The above appropriations for the crossroads 2000 program are appropriated from the
39
crossroads 2000 fund provided in IC 8-14-10-9 and may include any unencumbered funds
40
carried forward from any previous fiscal year. The funds shall be first used for
41
payment of rentals and leases relating to projects under IC 8-14-10-9. If any funds
42
remain, the funds may be used for the following purposes:
43
(1) road and bridge construction, reconstruction, or replacement;
44
(2) construction, reconstruction, or replacement of travel lanes, intersections, and
45
grade separations;
46
(3) relocation and modernization of existing roads; and
47
(4) right-of-way, relocation, and engineering and consulting expenses associated
48
with any of the above types of projects.
49
1
MAJOR MOVES CONSTRUCTION PROGRAM
2
Major Moves Construction Fund (IC 8-14-14-5)
3
Formal Contracts Expense
545,000,000
535,000,000
4
5
FEDERAL APPORTIONMENT
6
Right-of-Way Expense
174,250,000
113,100,000
7
Formal Contracts Expense
426,642,292
502,792,291
8
Consulting Engineers Expense
84,500,000
69,500,000
9
Highway Planning and Research
12,807,708
12,807,709
10
Local Government Revolving Acct.
266,000,000
266,000,000
11
12
The department may establish an account to be known as the "local government revolving
13
account". The account is to be used to administer the federal-local highway construction
14
program. All contracts issued and all funds received for federal-local projects under
15
this program shall be entered into this account.
16
17
If the federal apportionments for the fiscal years covered by this act exceed the
18
above estimated appropriations for the department or for local governments, the excess
19
federal apportionment is hereby appropriated for use by the department with the approval
20
of the governor and the budget agency.
21
22
The department shall bill, in a timely manner, the federal government for all department
23
payments that are eligible for total or partial reimbursement.
24
25
The department may let contracts and enter into agreements for construction and preliminary
26
engineering during each year of the 2009-2011 biennium that obligate not more than
27
one-third (1/3) of the amount of state funds estimated by the department to be available
28
for appropriation in the following year for formal contracts and consulting engineers
29
for the capital improvements program.
30
31
Under IC 8-23-5-7(a), the department, with the approval of the governor, may construct
32
and maintain roadside parks and highways where highways will connect any state highway
33
now existing, or hereafter constructed, with any state park, state forest preserve,
34
state game preserve, or the grounds of any state institution. There is appropriated
35
to the department of transportation an amount sufficient to carry out the provisions
36
of this paragraph. Under IC 8-23-5-7(d), such appropriations shall be made from
37
the motor vehicle highway account before distribution to local units of government.
38
39
LOCAL TECHNICAL ASSISTANCE AND RESEARCH
40
41
Under IC 8-14-1-3(6), there is appropriated to the department of transportation an
42
amount sufficient for:
43
(1) the program of technical assistance under IC 8-23-2-5(6); and
44
(2) the research and highway extension program conducted for local government under
45
IC 8-17-7-4.
46
47
The department shall develop an annual program of work for research and extension
48
in cooperation with those units being served, listing the types of research and educational
49
programs to be undertaken. The commissioner of the department of transportation may
1
make a grant under this appropriation to the institution or agency selected to conduct
2
the annual work program. Under IC 8-14-1-3(6), appropriations for the program of
3
technical assistance and for the program of research and extension shall be taken
4
from the local share of the motor vehicle highway account.
5
6
Under IC 8-14-1-3(7) there is hereby appropriated such sums as are necessary to maintain
7
a sufficient working balance in accounts established to match federal and local money
8
for highway projects. These funds are appropriated from the following sources in
9
the proportion specified:
10
(1) one-half (1/2) from the forty-seven percent (47%) set aside of the motor vehicle
11
highway account under IC 8-14-1-3(7); and
12
(2) for counties and for those cities and towns with a population greater than five
13
thousand (5,000), one-half (1/2) from the distressed road fund under IC 8-14-8-2.
14
15
AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA)
16
17
There is appropriated to the department of transportation the following sums for
18
the periods and purposes designated under the American Recovery and Reinvestment
19
Act (ARRA) of 2009.
20
21
FOR THE DEPARTMENT OF TRANSPORTATION
22
23
Highway Capital Improvements
24
Formal Contracts Expense
440,000,000
25
Augmentation allowed
26
27
Transportation Enhancements
28
Formal Contracts Expense
20,000,000
29
Augmentation allowed
30
31
Highway Capital Improvements - Metro Planning Organizations,
32
Cities, Towns, and Counties
198,000,000
33
Augmentation allowed
34
35
Rural Transit Funds
20,000,000
36
Augmentation allowed
37
38
As soon as practical after passage of this act, the department with the approval
39
of the governor shall prepare a plan for the allocation and expenditure of the appropriations
40
listed above. The plan shall list the projects to be funded. The department shall
41
present the plan to the state budget committee for review under IC 4-12-1-11.5.
42
43
In preparing that portion of the plan for expenditure for Highway Capital Improvements
44
and Transportation Enhancements, the department shall adhere to the following goals
45
to the extent practical:
46
47
(1) The plan shall comply with all applicable federal statutes, rules, and policies
48
as necessary to ensure eligibility for the maximum level of federal funding.
49
(2) The plan shall be designed to obligate the federal funds and begin construction
1
as soon as practical.
2
(3) The plan shall be designed to minimize the likelihood that any funding apportioned
3
to Indiana will have to be returned to the federal government.
4
(4) The plan shall strive to make Indiana eligible for any increased funding that
5
may become available as a result of reallocation from other states.
6
(5) The plan shall reasonably allocate funding to projects located across all areas
7
of the state, with an emphasis on areas determined by the department to be economically
8
distressed.
9
(6) The department may hold special lettings for contracts using the above appropriations.
10
The department shall strive to limit each contract to a maximum of $10,000,000.
11
(7) The department shall strive to diversify the type of work using the above appropriations.
12
13
In preparing that portion of the plan for expenditure for Highway Capital Improvements
14
- Local Government and Highway Capital Improvements - Metro Planning Organizations,
15
Cities, Towns, and Counties, the department shall adhere to the following guidelines
16
to the extent practical:
17
18
(1) The plan shall comply with all applicable federal statutes, rules, and policies
19
as necessary to ensure eligibility for the maximum level of federal funding.
20
(2) The plan shall be designed to obligate the federal funds and begin construction
21
as soon as practical.
22
(3) The plan shall be designed to minimize the likelihood that any funding apportioned
23
to Indiana will have to be returned to the federal government.
24
(4) The plan shall strive to make Indiana eligible for any increased funding that
25
may become available as a result of reallocation from other states.
26
(5) The plan shall reasonably allocate funds to projects located across all areas
27
of the state. However, if the department cannot identify local government projects
28
that can be obligated within the established time frames the department may allocate
29
funds as necessary to fully obligate all federal funding.
30
(6) For Highway Capital Improvements for Metro Planning Organizations the plan shall
31
include projects selected by the respective metropolitan planning organizations.
32
However, if the metropolitan planning organizations cannot identify projects that
33
can be obligated within the established time frames, the department may select alternate
34
projects as necessary to fully obligate all federal funding.
35
(7) The department may hold special lettings for contracts using the above appropriations.
36
The department shall strive to limit each contract for Highway Capital Improvements
37
for Cities, Towns, and Counties to a maximum of $7,000,000.
38
39
The department shall establish reasonable policies and guidelines for cities, towns,
40
and counties and metropolitan planning organizations to follow to help ensure reasonable
41
access and timely obligation of funds. The department shall provide reasonable assistance
42
to cities, towns, and counties and metropolitan planning organizations in meeting
43
deadlines established to ensure timely obligation of funding.
44
45
If the governor finds that any of the above goals conflict with another goal, the
46
governor shall determine the appropriate weight to give to each goal. Actions taken
47
by the governor or the department with respect to allocation, obligation, or expenditure
48
of the above appropriations before passage of this act is deemed to have satisfied
49
the requirement for budget committee review providing such actions were taken to
1
conform to the plan or to comply with laws, policies, or direction issued by the
2
United States Department of Transportation or any other federal agency as a condition
3
to qualifying for the federal funds.
4
5
The department with the approval of the governor may adjust the above appropriations
6
for Highway Capital Improvements, Transportation Enhancements, Highway Capital Improvements
7
- Metropolitan Planning Organizations, Cities, Towns, and Counties as necessary to
8
comply with federal law, policies, or direction established to ensure continuing
9
eligibility for federal funding.
10
11
The department shall submit reports to the budget committee and legislative council
12
by December 31 of 2009, 2010, and 2011 detailing the status of the appropriations
13
and projects funded under the plan. The department may submit copies of reports required
14
to be submitted to the federal government to fulfill this requirement.
15
16
The above appropriations do not revert but remain in effect until obligated.
17
18
SECTION 8. [EFFECTIVE JULY 1, 2009]
19
20
FAMILY AND SOCIAL SERVICES, HEALTH, AND VETERANS' AFFAIRS
21
22
A. FAMILY AND SOCIAL SERVICES
23
24
FOR THE STATE BUDGET AGENCY
25
26
INDIANA PRESCRIPTION DRUG PROGRAM
27
Tobacco Master Settlement Agreement Fund (IC 4-12-1-14.3)
28
Total Operating Expense
1,117,830
1,117,830
29
30
FOR THE FAMILY AND SOCIAL SERVICES ADMINISTRATION
31
CHILDREN'S HEALTH INSURANCE PROGRAM
32
Tobacco Master Settlement Agreement Fund (IC 4-12-1-14.3)
33
Total Operating Expense
34,918,921
36,984,511
34
35
FAMILY AND SOCIAL SERVICES ADMINISTRATION
36
Total Operating Expense
19,764,734
19,764,734
37
OFFICE OF MEDICAID POLICY AND PLANNING - ADMINISTRATION
38
Total Operating Expense
6,061,868
6,062,487
39
MEDICAID ADMINISTRATION
40
Total Operating Expense
36,427,564
36,427,564
41
MEDICAID - CURRENT OBLIGATIONS
42
General Fund
43
Total Operating Expense
1,130,995,000
1,392,188,000
44
45
The foregoing appropriations for Medicaid current obligations and for Medicaid administration
46
are for the purpose of enabling the office of Medicaid policy and planning to carry
47
out all services as provided in IC 12-8-6. In addition to the above appropriations,
48
all money received from the federal government and paid into the state treasury as
49
a grant or allowance is appropriated and shall be expended by the office of Medicaid
1
policy and planning for the respective purposes for which the money was allocated
2
and paid to the state. Subject to the provisions of P.L.46-1995, if the sums herein
3
appropriated for Medicaid current obligations and for Medicaid administration are
4
insufficient to enable the office of Medicaid policy and planning to meet its obligations,
5
then there is appropriated from the general fund such further sums as may be
6
necessary for that purpose, subject to the approval of the governor and the budget
7
agency.
8
9
INDIANA CHECK-UP PLAN (EXCLUDING IMMUNIZATION)
10
Indiana Check-Up Plan Trust Fund (IC 12-15-44.2-17)
11
Total Operating Expense
137,466,043
157,766,043
12
HOSPITAL CARE FOR THE INDIGENT FUND
13
Total Operating Expense
63,000,000
63,000,000
14
MEDICAID DISABILITY ELIGIBILITY EXAMS
15
Total Operating Expense
937,000
937,000
16
MEDICAL ASSISTANCE TO WARDS (MAW)
17
Total Operating Expense
13,100,000
13,100,000
18
MARION COUNTY HEALTH AND HOSPITAL CORPORATION
19
Total Operating Expense
40,000,000
40,000,000
20
MENTAL HEALTH ADMINISTRATION
21
Other Operating Expense
4,059,047
4,059,047
22
23
Two hundred seventy-five thousand dollars ($275,000) of the above appropriation for
24
the state fiscal year beginning July 1, 2009, and ending June 30, 2010, and two hundred
25
seventy-five thousand dollars ($275,000) of the above appropriation for the state
26
fiscal year beginning July 1, 2010, and ending June 30, 2011, shall be distributed in
27
the state fiscal year to neighborhood based community service programs.
28
29
CHILD PSYCHIATRIC SERVICES FUND
30
Total Operating Expense
20,423,760
20,423,760
31
SERIOUSLY EMOTIONALLY DISTURBED
32
Total Operating Expense
15,975,408
15,975,408
33
SERIOUSLY MENTALLY ILL
34
General Fund
35
Total Operating Expense
91,046,702
91,046,702
36
Mental Health Centers Fund (IC 6-7-1-32.1)
37
Total Operating Expense
4,311,650
4,311,650
38
Augmentation allowed.
39
COMMUNITY MENTAL HEALTH CENTERS
40
Tobacco Master Settlement Agreement Fund (IC 4-12-1-14.3)
41
Total Operating Expense
7,000,000
7,000,000
42
43
The above appropriation from the Tobacco Master Settlement Agreement Fund is in addition
44
to other funds. The above appropriations for comprehensive community mental health
45
services include the intragovernmental transfers necessary to provide the nonfederal
46
share of reimbursement under the Medicaid rehabilitation option.
47
48
The comprehensive community mental health centers shall submit their proposed annual
49
budgets (including income and operating statements) to the budget agency on or before
1
August 1 of each year. All federal funds shall be applied in augmentation of the
2
foregoing funds rather than in place of any part of the funds. The office of the
3
secretary, with the approval of the budget agency, shall determine an equitable allocation
4
of the appropriation among the mental health centers.
5
6
GAMBLERS' ASSISTANCE
7
Gamblers' Assistance Fund (IC 4-33-12-6)
8
Total Operating Expense
4,490,809
4,490,809
9
MVOV CONFERENCE
10
Gamblers' Assistance Fund (IC 4-33-12-6)
11
Total Operating Expense
199,763
199,763
12
SUBSTANCE ABUSE TREATMENT
13
Tobacco Master Settlement Agreement Fund (IC 4-12-1-14.3)
14
Total Operating Expense
4,855,820
4,855,820
15
16
The above appropriation for total operating expense for Substance Abuse Treatment
17
includes an amount of $12,500 each year of the biennium for the employment of a drug
18
and alcohol abuse counselor for the Jefferson County Transitional Services, Inc.
19
The amount provided for these purposes may not be used for any other purpose.
20
21
QUALITY ASSURANCE/RESEARCH
22
Total Operating Expense
812,860
812,860
23
PREVENTION
24
Gamblers' Assistance Fund (IC 4-33-12-6)
25
Total Operating Expense
2,858,528
2,858,528
26
Augmentation allowed.
27
METHADONE DIVERSION CONTROL AND OVERSIGHT (MDCO) PROGRAM
28
MDCO Fund (IC 12-23-18)
29
Total Operating Expense
243,486
243,486
30
Augmentation allowed.
31
DMHA YOUTH TOBACCO REDUCTION SUPPORT PROGRAM
32
DMHA Youth Tobacco Reduction Support Program (IC 4-33-12-6)
33
Total Operating Expense
250,000
250,000
34
Augmentation allowed.
35
EVANSVILLE PSYCHIATRIC CHILDREN'S CENTER
36
Personal Services
496,318
473,948
37
Other Operating Expense
123,252
123,252
38
EVANSVILLE STATE HOSPITAL
39
From the General Fund
40
20,276,654
20,340,477
41
From the Mental Health Fund (IC 12-24-14-4)
42
677,943
678,778
43
Augmentation allowed.
44
45
The amounts specified from the general fund and the mental health fund are for the
46
following purposes:
47
48
Personal Services
15,636,749
15,701,407
49
Other Operating Expense
5,317,848
5,317,848
1
2
LARUE CARTER MEMORIAL HOSPITAL
3
From the General Fund
4
22,483,147
22,534,726
5
From the Mental Health Fund (IC 12-24-14-4)
6
476,465
472,254
7
Augmentation allowed.
8
9
The amounts specified from the general fund and the mental health fund are for the
10
following purposes:
11
12
Personal Services
16,020,593
16,067,961
13
Other Operating Expense
6,939,019
6,939,019
14
15
LOGANSPORT STATE HOSPITAL
16
From the General Fund
17
40,772,672
40,769,722
18
From the Mental Health Fund (IC 12-24-14-4)
19
1,378,232
1,378,232
20
Augmentation allowed.
21
22
The amounts specified from the general fund and the mental health fund are for the
23
following purposes:
24
25
Personal Services
32,407,597
32,404,647
26
Other Operating Expense
9,743,307
9,743,307
27
28
MADISON STATE HOSPITAL
29
From the General Fund
30
16,403,876
16,402,626
31
From the Mental Health Fund (IC 12-24-14-4)
32
666,308
666,308
33
Augmentation allowed.
34
35
The amounts specified from the general fund and the mental health fund are for the
36
following purposes:
37
38
Personal Services
13,135,516
13,134,266
39
Other Operating Expense
3,934,668
3,934,668
40
41
RICHMOND STATE HOSPITAL
42
From the General Fund
43
37,112,498
37,096,244
44
From the Mental Health Fund (IC 12-24-14-4)
45
650,335
650,335
46
Augmentation allowed.
47
48
The amounts specified from the general fund and the mental health fund are for the
49
following purposes:
1
2
Personal Services
29,512,684
29,496,430
3
Other Operating Expense
8,250,149
8,250,149
4
5
PATIENT PAYROLL
6
Total Operating Expense
285,785
285,785
7
8
The federal share of revenue accruing to the state mental health institutions under
9
IC 12-15, based on the applicable Federal Medical Assistance Percentage (FMAP),
10
shall be deposited in the mental health fund established by IC 12-24-14-1, and the
11
remainder shall be deposited in the general fund.
12
13
In addition to the above appropriations, each institution may qualify for an additional
14
appropriation, or allotment, subject to approval of the governor and the budget agency,
15
from the mental health fund of up to twenty percent (20%), but not to exceed $50,000
16
in each fiscal year, of the amount by which actual net collections exceed an amount
17
specified in writing by the division of mental health and addiction before July 1
18
of each year beginning July 1, 2009.
19
20
DIVISION OF FAMILY RESOURCES ADMINISTRATION
21
Personal Services
6,061,903
6,061,903
22
Other Operating Expense
1,963,063
1,963,063
23
COMMISSION ON THE SOCIAL STATUS OF BLACK MALES
24
Total Operating Expense
173,179
173,179
25
CHILD CARE LICENSING FUND
26
Division of Family Resources Child Care Fund (IC 12-17.2-2-3)
27
Total Operating Expense
100,000
100,000
28
Augmentation allowed.
29
ELECTRONIC BENEFIT TRANSFER PROGRAM
30
Total Operating Expense
2,529,915
2,529,915
31
32
The foregoing appropriations for the division of family resources Title IV-D of
33
the federal Social Security Act are made under, and not in addition to, IC 31-25-4-28.
34
35
STATE WELFARE - COUNTY ADMINISTRATION
36
Total Operating Expense
56,464,688
56,464,688
37
INDIANA CLIENT ELIGIBILITY SYSTEM (ICES)
38
Total Operating Expense
7,402,387
7,402,387
39
IMPACT PROGRAM
40
Total Operating Expense
689,001
689,001
41
TEMPORARY ASSISTANCE TO NEEDY FAMILIES (TANF)
42
Total Operating Expense
31,776,757
31,776,757
43
IMPACT - TANF
44
Total Operating Expense
1,880,252
1,880,252
45
CHILD CARE & DEVELOPMENT FUND
46
Total Operating Expense
34,418,255
34,418,255
47
48
The foregoing appropriations for information systems/technology, education and training,
49
temporary assistance to needy families (TANF), and child care services are for the
1
purpose of enabling the division of family resources to carry out all services as
2
provided in IC 12-14. In addition to the above appropriations, all money received from the
3
federal government and paid into the state treasury as a grant or allowance is
4
appropriated and shall be expended by the division of family resources for the
5
respective purposes for which such money was allocated and paid to the state.
6
7
BURIAL EXPENSES
8
Total Operating Expense
1,607,219
1,607,219
9
DOMESTIC VIOLENCE PREVENTION AND TREATMENT
10
General Fund
11
Total Operating Expense
1,734,014
1,734,014
12
Domestic Violence Prevention and Treatment Fund (IC 12-18-4)
13
Total Operating Expense
1,115,590
1,115,590
14
Augmentation allowed.
15
SCHOOL AGE CHILD CARE PROJECT FUND
16
Total Operating Expense
955,780
955,780
17
18
DIVISION OF AGING ADMINISTRATION
19
Tobacco Master Settlement Agreement Fund (IC 4-12-1-14.3)
20
Personal Services
594,659
594,659
21
Other Operating Expense
852,751
852,751
22
23
The above appropriations for the division of aging administration are for administrative
24
expenses. Any federal fund reimbursements received for such purposes are to be deposited
25
in the general fund.
26
27
ROOM AND BOARD ASSISTANCE (R-CAP)
28
Total Operating Expense
13,477,844
13,477,844
29
C.H.O.I.C.E. IN-HOME SERVICES
30
Total Operating Expense
48,765,643
48,765,643
31
32
The foregoing appropriations for C.H.O.I.C.E. In-Home Services include intragovernmental
33
transfers to provide the nonfederal share of the Medicaid aged and disabled waiver.
34
The intragovernmental transfers for use in the Medicaid aged and disabled waiver
35
may not exceed in the state fiscal year beginning July 1, 2009, and ending June
36
30, 2010, $12,900,000. After July 1, 2009, and before August 1, 2010, the office
37
of the secretary (as defined in IC 12-7-2-135) shall submit a report to the legislative
38
council in an electronic format under IC 5-14-6 and the governor in each July, October,
39
January, and April specifying the number of persons on the waiting list for C.H.O.I.C.E.
40
In-Home Services at the end of the month preceding the date of the report, a schedule
41
indicating the length of time persons have been on the waiting list, a description
42
of the conditions or problems that contribute to the waiting list, the plan in the
43
next six (6) months after the end of the reporting period to reduce the waiting list,
44
and any other information that is necessary or appropriate to interpret the information
45
provided in the report.
46
47
The division of aging shall conduct an annual evaluation of the cost effectiveness
48
of providing home care. Before January of each year, the division shall submit a
49
report to the budget committee, the budget agency, and the legislative council that
1
covers all aspects of the division's evaluation and such other information pertaining
2
thereto as may be requested by the budget committee, the budget agency, or the legislative
3
council, including the following:
4
(1) the number and demographic characteristics of the recipients of home care during
5
the preceding fiscal year;
6
(2) the total cost and per recipient cost of providing home care services during
7
the preceding fiscal year;
8
(3) the number of recipients of home care services who would have been placed in
9
long term care facilities had they not received home care services; and
10
(4) the total cost savings during the preceding fiscal year realized by the state
11
due to recipients of home care services (including Medicaid) being diverted from
12
long term care facilities.
13
14
The division shall obtain from providers of services data on their costs and expenditures
15
regarding implementation of the program and report the findings to the budget committee,
16
the budget agency, and the legislative council. The report to the legislative council
17
must be in an electronic format under IC 5-14-6.
18
19
The foregoing appropriations for C.H.O.I.C.E. In-Home Services do not revert to the
20
state general fund or any other fund at the close of any state fiscal year but remain
21
available for the purposes of C.H.O.I.C.E. In-Home Services in subsequent state fiscal
22
years.
23
24
OLDER HOOSIERS ACT
25
Total Operating Expense
1,573,446
1,573,446
26
ADULT PROTECTIVE SERVICES
27
Total Operating Expense
1,956,528
1,956,528
28
ADULT GUARDIANSHIP SERVICES
29
Total Operating Expense
477,135
477,135
30
TITLE V EMPLOYMENT GRANT (OLDER WORKERS)
31
Total Operating Expense
229,034
229,034
32
MEDICAID WAIVER
33
Total Operating Expense
322,275
322,275
34
OBRA/PASSARR
35
Total Operating Expense
91,108
91,108
36
TITLE III ADMINISTRATION GRANT
37
Total Operating Expense
252,163
252,163
38
OMBUDSMAN
39
Total Operating Expense
310,124
310,124
40
41
DIVISION OF DISABILITY AND REHABILITATIVE SERVICES ADMINISTRATION
42
Tobacco Master Settlement Agreement Fund (IC 4-12-1-14.3)
43
Total Operating Expense
360,764
360,764
44
45
VOCATIONAL REHABILITATION SERVICES
46
Personal Services
3,525,457
3,525,457
47
Other Operating Expense
12,348,257
12,348,257
48
AID TO INDEPENDENT LIVING
49
Total Operating Expense
46,927
46,927
1
2
INDIANAPOLIS RESOURCE CENTER FOR INDEPENDENT LIVING
3
Total Operating Expense
87,665
87,665
4
SOUTHERN INDIANA CENTER FOR INDEPENDENT LIVING
5
Total Operating Expense
87,665
87,665
6
ATTIC, INCORPORATED
7
Total Operating Expense
87,665
87,665
8
LEAGUE FOR THE BLIND AND DISABLED
9
Total Operating Expense
87,665
87,665
10
FUTURE CHOICES, INC.
11
Total Operating Expense
158,113
158,113
12
THE WABASH INDEPENDENT LIVING AND LEARNING CENTER, INC.
13
Total Operating Expense
158,113
158,113
14
INDEPENDENT LIVING CENTER OF EASTERN INDIANA
15
Total Operating Expense
158,113
158,113
16
17
FSSA shall use the above appropriations for Indianapolis Resource Center for Independent
18
Living; Southern Indiana Center for Independent Living; Attic, Incorporated; League
19
for the Blind and Disabled; Future Choices, Inc.; The Wabash Independent Living and
20
Learning Center, Inc.; and Independent Living Center of Eastern Indiana to match
21
federal funds so that total funding available for Indianapolis Resource Center for
22
Independent Living; Southern Indiana Center for Independent Living; Attic, Incorporated;
23
and League for the Blind and Disabled each totals $263,000 and funding available
24
for Future Choices, Inc.; The Wabash Independent Living and Learning Center, Inc.;
25
and Independent Living Center of Eastern Indiana each totals $474,000.
26
27
OFFICE OF DEAF AND HEARING IMPAIRED
28
Personal Services
185,104
185,104
29
Other Operating Expense
131,670
131,670
30
BLIND VENDING OPERATIONS
31
Total Operating Expense
129,905
129,905
32
DEVELOPMENTAL DISABILITY RESIDENTIAL FACILITIES COUNCIL
33
Personal Services
2,970
2,970
34
Other Operating Expense
12,038
12,038
35
OFFICE OF SERVICES FOR THE BLIND AND VISUALLY IMPAIRED
36
Personal Services
56,751
56,751
37
Other Operating Expense
24,985
24,985
38
EMPLOYEE TRAINING
39
Total Operating Expense
6,112
6,112
40
BUREAU OF QUALITY IMPROVEMENT SERVICES - BQIS
41
Total Operating Expense
3,936,983
3,936,983
42
DAY SERVICES - DEVELOPMENTALLY DISABLED
43
Other Operating Expense
11,759,384
11,759,384
44
DIAGNOSIS AND EVALUATION
45
Other Operating Expense
400,125
400,125
46
FEDERAL EARLY INTERVENTION
47
Total Operating Expense
6,149,513
6,149,513
48
SUPPORTED EMPLOYMENT
49
Other Operating Expense
3,880,000
3,880,000
1
EPILEPSY PROGRAM
2
Tobacco Master Settlement Agreement Fund (IC 4-12-1-14.3)
3
Other Operating Expense
463,758
463,758
4
CAREGIVER SUPPORT
5
Other Operating Expense
809,500
809,500
6
BDDS OPERATING
7
General Fund
8
Total Operating Expense
5,286,709
5,286,709
9
Tobacco Master Settlement Agreement Fund (IC 4-12-1-14.3)
10
Total Operating Expense
1,869,887
1,869,887
11
Augmentation allowed.
12
OASIS - OBJECTIVE ASSISTANCE SYSTEM FROM INDEPENDENT SERVICES
13
Total Operating Expense
5,529,000
5,529,000
14
CRISIS MANAGEMENT
15
Tobacco Master Settlement Agreement Fund (IC 4-12-1-14.3)
16
Total Operating Expense
4,136,080
4,136,080
17
Augmentation allowed.
18
OUTREACH - STATE OPERATING SERVICES
19
Tobacco Master Settlement Agreement Fund (IC 4-12-1-14.3)
20
Total Operating Expense
2,232,973
2,232,973
21
Augmentation allowed.
22
RESIDENTIAL SERVICES FOR DEVELOPMENTALLY DISABLED PERSONS
23
General Fund
24
Total Operating Expense
93,996,290
93,996,290
25
Tobacco Master Settlement Agreement Fund (IC 4-12-1-14.3)
26
Total Operating Expense
15,229,000
15,229,000
27
28
The above appropriations for client services include the intragovernmental transfers
29
necessary to provide the nonfederal share of reimbursement under the Medicaid program
30
for day services provided to residents of group homes and nursing facilities.
31
32
In the development of new community residential settings for persons with developmental
33
disabilities, the division of disability and rehabilitative services must give priority
34
to the appropriate placement of such persons who are eligible for Medicaid and currently
35
residing in intermediate care or skilled nursing facilities and, to the extent permitted
36
by law, such persons who reside with aged parents or guardians or families in crisis.
37
38
FOR THE DEPARTMENT OF CHILD SERVICES
39
DEPARTMENT OF CHILD SERVICES - ADMINISTRATION
40
Personal Services
89,445,563
89,445,563
41
Other Operating Expense
20,582,245
20,582,245
42
43
DEPARTMENT OF CHILD SERVICES - STATE ADMINISTRATION
44
Personal Services
14,689,383
14,689,383
45
Other Operating Expense
3,636,219
3,636,219
46
CHILD WELFARE SERVICES STATE GRANTS
47
General Fund
48
Total Operating Expense
7,500,000
7,500,000
49
Excise and Financial Institution Taxes
1
Total Operating Expense
6,275,000
6,275,000
2
Augmentation allowed.
3
TITLE IV-D OF THE FEDERAL SOCIAL SECURITY ACT (STATE MATCH)
4
Total Operating Expense
5,598,019
5,598,019
5
6
The foregoing appropriations for the department of child services Title IV-D of
7
the federal Social Security Act are made under, and not in addition to, IC 31-25-4-28.
8
9
FAMILY AND CHILDREN FUND
10
General Fund
11
Total Operating Expense
463,660,000
463,660,000
12
Family and Children Reimbursement (IC 31-40-1-3)
13
Total Operating Expense
8,782,173
8,782,173
14
Augmentation allowed.
15
YOUTH SERVICE BUREAU
16
Total Operating Expense
1,528,000
1,528,000
17
PROJECT SAFEPLACE
18
Total Operating Expense
230,000
230,000
19
HEALTHY FAMILIES INDIANA
20
Total Operating Expense
6,826,935
6,826,935
21
CHILD WELFARE TRAINING
22
Total Operating Expense
1,729,473
1,729,473
23
SPECIAL NEEDS ADOPTION II
24
Personal Services
243,060
243,060
25
Other Operating Expense
456,540
456,540
26
ADOPTION ASSISTANCE
27
Total Operating Expense
14,307,971
14,307,971
28
NON-RECURRING ADOPTION ASSISTANCE
29
Total Operating Expense
921,500
921,500
30
INDIANA SUPPORT ENFORCEMENT TRACKING (ISETS)
31
Total Operating Expense
4,804,602
4,804,602
32
CHILD PROTECTION AUTOMATION PROJECT (ICWIS)
33
Total Operating Expense
4,224,334
4,224,334
34
35
SOCIAL SERVICES BLOCK GRANT (SSBG)
36
Total Operating Expense
4,012,083
4,012,083
37
38
The funds appropriated above to the social services block grant are allocated in
39
the following manner during the biennium:
40
41
Division of Disability and Rehabilitative Services
42
343,481
343,481
43
Division of Family Resources
44
1,100,000
1,100,000
45
Division of Aging
46
687,396
687,396
47
Department of Child Services
48
289,352
289,352
49
Department of Health
1
296,504
296,504
2
Department of Correction
3
1,295,350
1,295,350
4
5
B. PUBLIC HEALTH
6
7
FOR THE STATE DEPARTMENT OF HEALTH
8
Personal Services
21,315,999
21,315,999
9
Other Operating Expense
7,885,840
7,885,840
10
11
All receipts to the state department of health from licenses or permit fees shall be deposited
12
in the state general fund. Augmentation allowed in amounts not to exceed revenue from
13
penalties or fees collected by the state department of health.
14
15
The above appropriations for the state department of health include funds to establish
16
a medical adverse events reporting system by making a grant to or an agreement with
17
an appropriate agency.
18
19
AREA HEALTH EDUCATION CENTERS
20
Total Operating Expense
1,387,500
1,387,500
21
CANCER REGISTRY
22
Tobacco Master Settlement Agreement Fund (IC 4-12-1-14.3)
23
Total Operating Expense
610,647
610,647
24
MINORITY HEALTH INITIATIVE
25
Tobacco Master Settlement Agreement Fund (IC 4-12-1-14.3)
26
Total Operating Expense
3,000,000
3,000,000
27
28
The foregoing appropriations shall be allocated to the Indiana Minority Health Coalition
29
to work with the state department on the implementation of IC 16-46-11.
30
31
SICKLE CELL
32
Tobacco Master Settlement Agreement Fund (IC 4-12-1-14.3)
33
Total Operating Expense
250,000
250,000
34
AID TO COUNTY TUBERCULOSIS HOSPITALS
35
Tobacco Master Settlement Agreement Fund (IC 4-12-1-14.3)
36
Total Operating Expense
96,883
96,883
37
38
These funds shall be used for eligible expenses according to IC 16-21-7-3 for tuberculosis
39
patients for whom there are no other sources of reimbursement, including patient
40
resources, health insurance, medical assistance payments, and hospital care for the
41
indigent.
42
43
MEDICARE-MEDICAID CERTIFICATION
44
Total Operating Expense
6,269,426
6,269,426
45
46
Personal services augmentation allowed in amounts not to exceed revenue from health
47
facilities license fees or from health care providers (as defined in IC 16-18-2-163) fee
48
increases or those adopted by the Executive Board of the Indiana State Department of
49
health pursuant to IC 16-19-3.
1
2
AIDS EDUCATION
3
Tobacco Master Settlement Agreement Fund (IC 4-12-1-14.3)
4
Personal Services
286,161
286,161
5
Other Operating Expense
381,084
381,084
6
HIV/AIDS SERVICES
7
Tobacco Master Settlement Agreement Fund (IC 4-12-1-14.3)
8
Total Operating Expense
2,162,254
2,162,254
9
TEST FOR DRUG AFFLICTED BABIES
10
Tobacco Master Settlement Agreement Fund (IC 4-12-1-14.3)
11
Total Operating Expense
58,121
58,121
12
13
The above appropriations for drug afflicted babies shall be used for the following purposes:
14
15
(1) All newborn infants shall be tested for the presence of a controlled substance
16
in the infant's meconium if they meet the criteria established by the state department
17
of health. These criteria will, at a minimum, include all newborns, if at birth:
18
(A) the infant's weight is less than two thousand five hundred (2,500) grams;
19
(B) the infant's head is smaller than the third percentile for the infant's gestational age; and
20
(C) there is no medical explanation for the conditions described in clauses (A) and (B).
21
(2) If a meconium test determines the presence of a controlled substance in the infant's
22
meconium, the infant may be declared a child in need of services as provided in
23
IC 31-34-1-10 through IC 31-34-1-13. However, the child's mother may not be prosecuted
24
in connection with the results of the test.
25
(3) The state department of health shall provide forms on which the results of a
26
meconium test performed on an infant under subdivision (1) must be reported to the
27
state department of health by physicians and hospitals.
28
(4) The state department of health shall, at least semi-annually:
29
(A) ascertain the extent of testing under this chapter; and
30
(B) report its findings under subdivision (1) to:
31
(i) all hospitals;
32
(ii) physicians who specialize in obstetrics and gynecology or work with infants
33
and young children; and
34
(iii) any other group interested in child welfare that requests a copy of the report
35
from the state department of health.
36
(5) The state department of health shall designate at least one (1) laboratory to
37
perform the meconium test required under subdivisions (1) through (8). The designated
38
laboratories shall perform a meconium test on each infant described in subdivision (1)
39
to detect the presence of a controlled substance.
40
(6) Subdivisions (1) through (7) do not prevent other facilities from conducting
41
tests on infants to detect the presence of a controlled substance.
42
(7) Each hospital and physician shall:
43
(A) take or cause to be taken a meconium sample from every infant born under the
44
hospital's and physician's care who meets the description under subdivision (1); and
45
(B) transport or cause to be transported each meconium sample described in clause (A)
46
to a laboratory designated under subdivision (5) to test for the presence of a controlled
47
substance as required under subdivisions (1) through (7).
48
(8) The state department of health shall establish guidelines to carry out this
49
program, including guidance to physicians, medical schools, and birthing centers
1
as to the following:
2
(A) Proper and timely sample collection and transportation under subdivision (7)
3
of this appropriation.
4
(B) Quality testing procedures at the laboratories designated under subdivision (5)
5
of this appropriation.
6
(C) Uniform reporting procedures.
7
(D) Appropriate diagnosis and management of affected newborns and counseling and
8
support programs for newborns' families.
9
(9) A medically appropriate discharge of an infant may not be delayed due to the
10
results of the test described in subdivision (1) or due to the pendency of the results
11
of the test described in subdivision (1).
12
13
STATE CHRONIC DISEASES
14
Tobacco Master Settlement Agreement Fund (IC 4-12-1-14.3)
15
Personal Services
120,459
120,459
16
Other Operating Expense
957,968
957,968
17
18
At least $82,560 of the above appropriations shall be for grants to community groups
19
and organizations as provided in IC 16-46-7-8.
20
21
WOMEN, INFANTS, AND CHILDREN SUPPLEMENT
22
Tobacco Master Settlement Agreement Fund (IC 4-12-1-14.3)
23
Total Operating Expense
190,000
190,000
24
25
MATERNAL AND CHILD HEALTH SUPPLEMENT
26
Tobacco Master Settlement Agreement Fund (IC 4-12-1-14.3)
27
Total Operating Expense
190,000
190,000
28
29
CANCER EDUCATION AND DIAGNOSIS - BREAST CANCER
30
Tobacco Master Settlement Agreement Fund (IC 4-12-1-14.3)
31
Total Operating Expense
86,490
86,490
32
CANCER EDUCATION AND DIAGNOSIS - PROSTATE CANCER
33
Tobacco Master Settlement Agreement Fund (IC 4-12-1-14.3)
34
Total Operating Expense
93,000
93,000
35
ADOPTION HISTORY
36
Adoption History Fund (IC 31-19-18-6)
37
Total Operating Expense
215,543
215,543
38
Augmentation allowed.
39
CHILDREN WITH SPECIAL HEALTH CARE NEEDS
40
Total Operating Expense
13,862,070
13,862,070
41
NEWBORN SCREENING PROGRAM
42
Newborn Screening Fund (IC 16-41-17-11)
43
Personal Services
366,971
366,971
44
Other Operating Expense
2,294,672
2,294,672
45
Augmentation allowed.
46
RADON GAS TRUST FUND
47
Radon Gas Trust Fund (IC 16-41-38-8)
48
Total Operating Expense
11,458
11,458
49
Augmentation allowed.
1
BIRTH PROBLEMS REGISTRY
2
Birth Problems Registry Fund (IC 16-38-4-17)
3
Personal Services
62,071
62,071
4
Other Operating Expense
62,389
62,389
5
Augmentation allowed.
6
MOTOR FUEL INSPECTION PROGRAM
7
Motor Fuel Inspection Fund (IC 16-44-3-10)
8
Total Operating Expense
174,464
174,464
9
Augmentation allowed.
10
PROJECT RESPECT
11
Tobacco Master Settlement Agreement Fund (IC 4-12-1-14.3)
12
Total Operating Expense
537,904
537,904
13
DONATED DENTAL SERVICES
14
Tobacco Master Settlement Agreement Fund (IC 4-12-1-14.3)
15
Total Operating Expense
42,932
42,932
16
17
The above appropriation shall be used by the Indiana foundation for dentistry for
18
the handicapped.
19
20
OFFICE OF WOMEN'S HEALTH
21
Tobacco Master Settlement Agreement Fund (IC 4-12-1-14.3)
22
Total Operating Expense
121,248
121,248
23
SPINAL CORD AND BRAIN INJURY
24
Spinal Cord and Brain Injury Fund (IC 16-41-42.2-3)
25
Total Operating Expense
1,175,770
1,175,770
16
INDIANA CHECK-UP PLAN - IMMUNIZATIONS
17
Indiana Check-Up Plan Trust Fund (IC 12-15-44.2-17)
18
Total Operating Expense
11,000,000
11,000,000
29
WEIGHTS AND MEASURES FUND
30
Weights and Measures Fund (IC 16-19-5-4)
31
Total Operating Expense
22,824
22,824
32
Augmentation allowed.
33
MINORITY EPIDEMIOLOGY
34
Tobacco Master Settlement Agreement Fund (IC 4-12-1-14.3)
35
Total Operating Expense
697,500
697,500
36
COMMUNITY HEALTH CENTERS
37
Tobacco Master Settlement Agreement Fund (IC 4-12-1-14.3)
38
Total Operating Expense
15,000,000
15,000,000
39
40
Of the above appropriation for community health centers, $15,000,000 may be used
41
for capital projects.
42
43
PRENATAL SUBSTANCE USE & PREVENTION
44
Tobacco Master Settlement Agreement Fund (IC 4-12-1-14.3)
45
Total Operating Expense
150,000
150,000
46
LOCAL HEALTH MAINTENANCE FUND
47
Tobacco Master Settlement Agreement Fund (IC 4-12-1-14.3)
48
Total Operating Expense
3,860,000
3,860,000
49
Augmentation allowed.
1
2
The amount appropriated from the tobacco master settlement agreement fund is in lieu of
3
the appropriation provided for this purpose in IC 6-7-1-30.5 or any other law. Of the above
4
appropriations for the local health maintenance fund, $60,000 each year shall be used to
5
provide additional funding to adjust funding through the formula in IC 16-46-10 to reflect
6
population increases in various counties. Money appropriated to the local health
7
maintenance fund must be allocated under the following schedule each year to each local
8
board of health whose application for funding is approved by the state department of health:
9
10
COUNTY POPULATION
AMOUNT OF GRANT
11
over 499,999
94,112
12
100,000 - 499,999
72,672
13
50,000 - 99,999
48,859
14
under 50,000
33,139
15
16
LOCAL HEALTH DEPARTMENT ACCOUNT
17
Tobacco Master Settlement Agreement Fund (IC 4-12-1-14.3)
18
Total Operating Expense
3,000,000
3,000,000
19
20
The foregoing appropriations for the local health department account are statutory
21
distributions pursuant to IC 4-12-7.
22
23
INDIANA HEALTH INFORMATICS CORPORATION
24
Tobacco Master Settlement Agreement Fund (IC 4-12-1-14.3)
25
Total Operating Expense
300,000
300,000
26
27
SOLDIERS' AND SAILORS' CHILDREN'S HOME
28
Personal Services
8,463,872
1
29
Other Operating Expense
1,229,925
1
30
31
FOR THE TOBACCO USE PREVENTION AND CESSATION BOARD
32
TOBACCO USE PREVENTION AND CESSATION PROGRAM
33
Tobacco Master Settlement Agreement Fund (IC 4-12-1-14.3)
34
Total Operating Expense
14,500,000
14,500,000
35
36
A minimum of 75% of the above appropriations shall be used for grants to local agencies
37
and other entities with programs designed to reduce smoking.
38
39
FOR THE INDIANA SCHOOL FOR THE BLIND AND VISUALLY IMPAIRED
40
Personal Services
10,525,311
10,524,650
41
Other Operating Expense
1,028,728
1,029,396
42
43
FOR THE INDIANA SCHOOL FOR THE DEAF
44
Personal Services
16,817,364
16,822,021
45
Other Operating Expense
1,959,367
1,959,367
46
47
C. VETERANS' AFFAIRS
48
49
FOR THE INDIANA DEPARTMENT OF VETERANS' AFFAIRS
1
Personal Services
538,944
538,944
2
Other Operating Expense
80,108
80,108
3
4
DISABLED AMERICAN VETERANS OF WORLD WARS
5
Total Operating Expense
40,000
40,000
6
AMERICAN VETERANS OF WORLD WAR II, KOREA, AND VIETNAM
7
Total Operating Expense
30,000
30,000
8
VETERANS OF FOREIGN WARS
9
Total Operating Expense
30,000
30,000
10
VIETNAM VETERANS OF AMERICA
11
Total Operating Expense
20,000
12
MILITARY FAMILY RELIEF FUND
13
Military Family Relief Fund (IC 10-17-12-8)
14
Total Operating Expense
450,000
450,000
15
16
INDIANA VETERANS' HOME
17
From the General Fund
18
12,815,594
12,815,594
19
From the Veterans' Home Comfort-Welfare Fund (IC 10-17-9-7(c))
20
9,381,362
9,381,362
21
Augmentation allowed from the Veterans' Home comfort-welfare fund in amounts not
22
to exceed revenue collected for Medicaid and Medicare reimbursement.
23
24
The amounts specified from the General Fund and the Comfort-Welfare Fund are for the
25
following purposes:
26
27
Personal Services
16,956,676
16,956,676
28
Other Operating Expense
5,240,280
5,240,280
29
30
COMFORT AND WELFARE PROGRAM
31
Comfort-Welfare Fund (IC 10-17-9-7(c))
32
Total Operating Expense
10,127,221
10,127,221
33
Augmentation allowed.
34
35
SECTION 9. [EFFECTIVE JULY 1, 2009]
36
37
EDUCATION
38
39
A. HIGHER EDUCATION
40
41
FOR INDIANA UNIVERSITY
42
BLOOMINGTON CAMPUS
43
From the General Fund
44
200,180,174
200,180,174
45
From the ARRA State Fiscal Stabilization Fund (Section 14002(a))
46
2,022,022
2,022,022
47
The amounts specified from the General Fund and the American Recovery and Reinvestment
48
Act are for the following purposes:
49
Total Operating Expense
202,202,196
202,202,196
1
2
From the General Fund
3
26,901,091
40,317,272
4
Fee Replacement
26,901,091
40,317,272
5
6
FOR INDIANA UNIVERSITY REGIONAL CAMPUSES
7
EAST
8
From the General Fund
9
8,238,916
8,238,916
10
From the ARRA State Fiscal Stabilization Fund (Section 14002(a))
11
83,221
83,221
12
The amounts specified from the General Fund and the American Recovery and Reinvestment
13
Act are for the following purposes:
14
Total Operating Expense
8,322,137
8,322,137
15
16
From the General Fund
17
1,896,844
1,400,591
18
Fee Replacement
1,896,844
1,400,591
19
20
KOKOMO
21
From the General Fund
22
10,709,280
10,709,280
23
From the ARRA State Fiscal Stabilization Fund (Section 14002(a))
24
108,175
108,175
25
The amounts specified from the General Fund and the American Recovery and Reinvestment
26
Act are for the following purposes:
27
Total Operating Expense
10,817,455
10,817,455
28
29
From the General Fund
30
2,103,973
1,553,532
31
Fee Replacement
2,103,973
1,553,532
32
33
NORTHWEST
34
From the General Fund
35
17,880,683
17,880,683
36
From the ARRA State Fiscal Stabilization Fund (Section 14002(a))
37
180,613
180,613
38
The amounts specified from the General Fund and the American Recovery and Reinvestment
39
Act are for the following purposes:
40
Total Operating Expense
18,061,296
18,061,296
41
42
From the General Fund
43
3,899,173
2,879,072
44
Fee Replacement
3,899,173
2,879,072
45
46
SOUTH BEND
47
From the General Fund
48
23,003,647
23,003,647
49
From the ARRA State Fiscal Stabilization Fund (Section 14002(a))
1
232,360
232,360
2
From the ARRA State Fiscal Stabilization Fund (Section 14002(b))
3
24,416
24,416
4
The amounts specified from the General Fund and the American Recovery and Reinvestment
5
Act are for the following purposes:
6
Total Operating Expense
23,260,423
23,260,423
7
8
From the General Fund
9
5,658,917
6,437,774
10
Fee Replacement
5,658,917
6,437,774
11
12
SOUTHEAST
13
From the General Fund
14
20,640,314
20,640,314
15
From the ARRA State Fiscal Stabilization Fund (Section 14002(a))
16
208,488
208,488
17
From the ARRA State Fiscal Stabilization Fund (Section 14002(b))
18
136,025
265,227
19
The amounts specified from the General Fund and the American Recovery and Reinvestment
20
Act are for the following purposes:
21
Total Operating Expense
20,984,827
21,114,029
22
23
From the General Fund
24
5,048,022
3,811,038
25
Fee Replacement
5,048,022
3,811,038
26
27
TOTAL APPROPRIATION - INDIANA UNIVERSITY REGIONAL CAMPUSES
28
100,053,067
97,657,347
29
30
FOR INDIANA UNIVERSITY - PURDUE UNIVERSITY
31
AT INDIANAPOLIS (IUPUI)
32
HEALTH DIVISIONS
33
From the General Fund
34
111,113,964
111,113,964
35
From the ARRA State Fiscal Stabilization Fund (Section 14002(a))
36
1,122,363
1,122,363
37
The amounts specified from the General Fund and the American Recovery and Reinvestment
38
Act are for the following purposes:
39
Total Operating Expense
112,236,327
112,236,327
40
41
From the General Fund
42
4,189,020
2,821,231
43
Fee Replacement
4,189,020
2,821,231
44
45
FOR INDIANA UNIVERSITY SCHOOL OF MEDICINE ON
46
THE CAMPUS OF THE UNIVERSITY OF SOUTHERN INDIANA
47
From the General Fund
48
1,594,256
1,594,256
49
From the ARRA State Fiscal Stabilization Fund (Section 14002(a))
1
16,105
16,105
2
The amounts specified from the General Fund and the American Recovery and Reinvestment
3
Act are for the following purpose:
4
Total Operating Expense
1,610,361
1,610,361
5
6
THE CAMPUS OF INDIANA UNIVERSITY-PURDUE UNIVERSITY FORT WAYNE
7
From the General Fund
8
1,466,616
1,466,616
9
From the ARRA State Fiscal Stabilization Fund (Section 14002(a))
10
14,814
14,814
11
The amounts specified from the General Fund and the American Recovery and Reinvestment
12
Act are for the following purpose:
13
Total Operating Expense
1,481,430
1,481,430
14
15
THE CAMPUS OF INDIANA UNIVERSITY-NORTHWEST
16
From the General Fund
17
2,083,528
2,083,528
18
From the ARRA State Fiscal Stabilization Fund (Section 14002(a))
19
21,046
21,046
20
The amounts specified from the General Fund and the American Recovery and Reinvestment
21
Act are for the following purpose:
22
Total Operating Expense
2,104,574
2,104,574
23
24
THE CAMPUS OF PURDUE UNIVERSITY
25
From the General Fund
26
1,859,843
1,859,843
27
From the ARRA State Fiscal Stabilization Fund (Section 14002(a))
28
18,786
18,786
29
The amounts specified from the General Fund and the American Recovery and Reinvestment
30
Act are for the following purpose:
31
Total Operating Expense
1,878,629
1,878,629
32
33
THE CAMPUS OF BALL STATE UNIVERSITY
34
From the General Fund
35
1,672,302
1,672,302
36
From the ARRA State Fiscal Stabilization Fund (Section 14002(a))
37
16,892
16,892
38
The amounts specified from the General Fund and the American Recovery and Reinvestment
39
Act are for the following purpose:
40
Total Operating Expense
1,689,194
1,689,194
41
42
THE CAMPUS OF THE UNIVERSITY OF NOTRE DAME
43
From the General Fund
44
1,550,860
1,550,860
45
From the ARRA State Fiscal Stabilization Fund (Section 14002(a))
46
15,665
15,665
47
The amounts specified from the General Fund and the American Recovery and Reinvestment
48
Act are for the following purpose:
49
Total Operating Expense
1,566,525
1,566,525
1
2
THE CAMPUS OF INDIANA STATE UNIVERSITY
3
From the General Fund
4
1,848,960
1,848,960
5
From the ARRA State Fiscal Stabilization Fund (Section 14002(a))
6
18,676
18,676
7
The amounts specified from the General Fund and the American Recovery and Reinvestment
8
Act are for the following purpose:
9
Total Operating Expense
1,867,636
1,867,636
10
11
The Indiana University School of Medicine - Indianapolis shall submit to the Indiana
12
commission for higher education before May 15 of each year an accountability report
13
containing data on the number of medical school graduates who entered primary care
14
physician residencies in Indiana from the school's most recent graduating class.
15
16
FOR INDIANA UNIVERSITY - PURDUE UNIVERSITY AT INDIANAPOLIS (IUPUI)
17
GENERAL ACADEMIC DIVISIONS
18
From the General Fund
19
82,478,446
82,478,446
20
From the ARRA State Fiscal Stabilization Fund (Section 14002(a))
21
833,116
833,116
22
From the ARRA State Fiscal Stabilization Fund (Section 14002(b))
23
119,954
119,954
24
The amounts specified from the General Fund and the American Recovery and Reinvestment
25
Act are for the following purposes:
26
Total Operating Expense
83,431,516
83,431,516
27
28
From the General Fund
29
20,004,544
13,472,705
30
Fee Replacement
20,004,544
13,472,705
31
32
TOTAL APPROPRIATIONS - IUPUI
33
232,059,756
224,160,128
34
35
Transfers of allocations between campuses to correct for errors in allocation among
36
the campuses of Indiana University can be made by the institution with the approval
37
of the commission for higher education and the budget agency. Indiana University
38
shall maintain current operations at all statewide medical education sites.
39
40
FOR INDIANA UNIVERSITY
41
OPTOMETRY EDUCATION
42
Total Operating Expense
29,000
1,500
43
44
ABILENE NETWORK OPERATIONS CENTER
45
From the General Fund
46
858,615
858,615
47
From the ARRA State Fiscal Stabilization Fund (Section 14002(a))
48
8,673
8,673
49
The amounts specified from the General Fund and the American Recovery and Reinvestment
1
Act are for the following purpose:
2
Total Operating Expense
867,288
867,288
3
4
SPINAL CORD AND HEAD INJURY RESEARCH CENTER
5
Spinal Cord and Brain Injury Fund (IC 16-41-42.3-3)
6
Total Operating Expense
546,073
546,073
7
8
STATE DEPARTMENT OF TOXICOLOGY
9
Total Operating Expense
2,463,380
2,463,380
10
11
INSTITUTE FOR THE STUDY OF DEVELOPMENTAL DISABILITIES
12
From the General Fund
13
2,554,860
2,554,860
14
From the ARRA State Fiscal Stabilization Fund (Section 14002(a))
15
25,807
25,807
16
The amounts specified from the General Fund and the American Recovery and Reinvestment
17
Act are for the following purpose:
18
Total Operating Expense
2,580,667
2,580,667
19
20
GEOLOGICAL SURVEY
21
From the General Fund
22
3,199,188
3,199,188
23
From the ARRA State Fiscal Stabilization Fund (Section 14002(a))
24
32,316
32,316
25
The amounts specified from the General Fund and the American Recovery and Reinvestment
26
Act are for the following purpose:
27
Total Operating Expense
3,231,504
3,231,504
28
29
LOCAL GOVERNMENT ADVISORY COMMISSION
30
From the General Fund
31
58,310
58,310
32
From the ARRA State Fiscal Stabilization Fund (Section 14002(a))
33
589
589
34
The amounts specified from the General Fund and the American Recovery and Reinvestment
35
Act are for the following purpose:
36
Total Operating Expense
58,899
58,899
37
38
I-LIGHT NETWORK OPERATIONS
39
From the General Fund
40
2,000,000
2,000,000
41
From the ARRA State Fiscal Stabilization Fund (Section 14002(a))
42
2,000,000
2,000,000
43
The amounts specified from the General Fund and the American Recovery and Reinvestment
44
Act are for the following purpose:
45
Total Operating Expense
4,000,000
4,000,000
46
47
The sums herein appropriated to the Indiana Higher Education Telecommunications System
48
(IHETS) are in addition to all income of IHETS from all permanent fees and endowments
49
and from all land grants, fees, earnings, and receipts, including gifts, grants,
1
bequests, and devises, and receipts from any miscellaneous sales from whatever source
2
derived.
3
4
All such income and all such fees, earnings, and receipts on hand June 30, 2009,
5
and all such income and fees, earnings, and receipts accruing thereafter are hereby
6
appropriated to the directors of IHETS and may be expended for any necessary expenses
7
of IHETS. However, such income, fees, earnings, and receipts may be used for land
8
and structures only if approved by the governor and the budget agency.
9
10
The foregoing appropriations to IHETS include the employers' share of Social Security
11
payments for IHETS employees under the public employees' retirement fund, or the
12
Indiana state teachers' retirement fund. The funds appropriated also include funding
13
for the employers' share of payments to the public employees' retirement fund and
14
to the Indiana state teachers' retirement fund at a rate to be established by the
15
retirement funds for both fiscal years for IHETS employees covered by these retirement
16
plans.
17
18
The directors of IHETS are hereby authorized to accept federal grants, subject to
19
IC 4-12-1.
20
21
FOR PURDUE UNIVERSITY
22
WEST LAFAYETTE
23
From the General Fund
24
259,413,399
259,413,399
25
From the ARRA State Fiscal Stabilization Fund (Section 14002(a))
26
2,620,338
2,620,338
27
The amounts specified from the General Fund and the American Recovery and Reinvestment
28
Act are for the following purposes:
29
Total Operating Expense
262,033,737
262,033,737
30
31
From the General Fund
32
26,722,911
26,777,731
33
Fee Replacement
26,722,911
26,777,731
34
35
FOR PURDUE UNIVERSITY - REGIONAL CAMPUSES
36
CALUMET
37
From the General Fund
38
27,930,577
27,930,577
39
From the ARRA State Fiscal Stabilization Fund (Section 14002(a))
40
282,127
282,127
41
From the ARRA State Fiscal Stabilization Fund (Section 14002(b))
42
209,264
346,305
43
The amounts specified from the General Fund and the American Recovery and Reinvestment
44
Act are for the following purposes:
45
Total Operating Expense
28,421,968
28,559,009
46
47
From the General Fund
48
1,491,261
1,692,654
49
Fee Replacement
1,491,261
1,692,654
1
2
NORTH CENTRAL
3
From the General Fund
4
11,850,126
11,850,126
5
From the ARRA State Fiscal Stabilization Fund (Section 14002(a))
6
119,698
119,698
7
From the ARRA State Fiscal Stabilization Fund (Section 14002(b))
8
410,997
697,412
9
The amounts specified from the General Fund and the American Recovery and Reinvestment
10
Act are for the following purposes:
11
Total Operating Expense
12,380,821
12,667,236
12
13
From the General Fund
14
1
83,679
15
Fee Replacement
1
83,679
16
17
TOTAL APPROPRIATION - PURDUE UNIVERSITY REGIONAL CAMPUSES
18
42,294,051
43,002,578
19
20
FOR INDIANA UNIVERSITY - PURDUE UNIVERSITY
21
AT FORT WAYNE (IPFW)
22
From the General Fund
23
38,065,207
38,065,207
24
From the ARRA State Fiscal Stabilization Fund (Section 14002(a))
25
384,498
384,498
26
From the ARRA State Fiscal Stabilization Fund (Section 14002(b))
27
591,056
1,153,467
28
The amounts specified from the General Fund and the American Recovery and Reinvestment
29
Act are for the following purposes:
30
Total Operating Expense
39,040,761
39,603,172
31
32
From the General Fund
33
5,995,241
5,980,642
34
Fee Replacement
5,995,241
5,980,642
35
36
Transfers of allocations between campuses to correct for errors in allocation among
37
the campuses of Purdue University can be made by the institution with the approval
38
of the commission for higher education and the budget agency.
39
40
FOR PURDUE UNIVERSITY
41
ANIMAL DISEASE DIAGNOSTIC LABORATORY SYSTEM
42
From the General Fund
43
3,557,509
3,557,509
44
From the ARRA State Fiscal Stabilization Fund (Section 14002(a))
45
35,935
35,935
46
The amounts specified from the General Fund and the American Recovery and Reinvestment
47
Act are for the following purpose:
48
Total Operating Expense
3,593,444
3,593,444
49
1
The above appropriations shall be used to fund the animal disease diagnostic laboratory
2
system (ADDL), which consists of the main ADDL at West Lafayette, the bangs disease
3
testing service at West Lafayette, and the southern branch of ADDL Southern Indiana
4
Purdue Agricultural Center (SIPAC) in Dubois County. The above appropriations are
5
in addition to any user charges that may be established and collected under IC 21-46-3-5.
6
Notwithstanding IC 21-46-3-4, the trustees of Purdue University may approve reasonable
7
charges for testing for pseudorabies.
8
9
STATEWIDE TECHNOLOGY
10
From the General Fund
11
6,634,999
6,634,999
12
From the ARRA State Fiscal Stabilization Fund (Section 14002(a))
13
67,021
67,021
14
The amounts specified from the General Fund and the American Recovery and Reinvestment
15
Act are for the following purpose:
16
Total Operating Expense
6,702,020
6,702,020
17
18
COUNTY AGRICULTURAL EXTENSION EDUCATORS
19
From the General Fund
20
7,460,686
7,460,686
21
From the ARRA State Fiscal Stabilization Fund (Section 14002(a))
22
75,361
75,361
23
The amounts specified from the General Fund and the American Recovery and Reinvestment
24
Act are for the following purpose:
25
Total Operating Expense
7,536,047
7,536,047
26
27
AGRICULTURAL RESEARCH AND EXTENSION - CROSSROADS
28
From the General Fund
29
7,465,178
7,465,178
30
From the ARRA State Fiscal Stabilization Fund (Section 14002(a))
31
75,406
75,406
32
The amounts specified from the General Fund and the American Recovery and Reinvestment
33
Act are for the following purpose:
34
Total Operating Expense
7,540,584
7,540,584
35
36
CENTER FOR PARALYSIS RESEARCH
37
From the General Fund
38
538,887
538,887
39
From the ARRA State Fiscal Stabilization Fund (Section 14002(a))
40
5,444
5,444
41
The amounts specified from the General Fund and the American Recovery and Reinvestment
42
Act are for the following purpose:
43
Total Operating Expense
544,331
544,331
44
45
UNIVERSITY-BASED BUSINESS ASSISTANCE
46
From the General Fund
47
1,948,071
1,948,071
48
From the ARRA State Fiscal Stabilization Fund (Section 14002(a))
49
19,678
19,678
1
The amounts specified from the General Fund and the American Recovery and Reinvestment
2
Act are for the following purpose:
3
Total Operating Expense
1,967,749
1,967,749
4
5
FOR INDIANA STATE UNIVERSITY
6
From the General Fund
7
76,142,019
76,142,019
8
From the ARRA State Fiscal Stabilization Fund (Section 14002(a))
9
769,112
769,112
10
From the ARRA State Fiscal Stabilization Fund (Section 14002(b))
11
0
703,611
12
The amounts specified from the General Fund and the American Recovery and Reinvestment
13
Act are for the following purposes:
14
Total Operating Expense
76,911,131
77,614,742
15
16
From the General Fund
17
8,231,452
9,455,023
18
Fee Replacement
8,231,452
9,455,023
19
20
NURSING PROGRAM
21
From the General Fund
22
247,500
247,500
23
From the ARRA State Fiscal Stabilization Fund (Section 14002(a))
24
2,500
2,500
25
The amounts specified from the General Fund and the American Recovery and Reinvestment
26
Act are for the following purposes:
27
Total Operating Expense
250,000
250,000
28
29
FOR UNIVERSITY OF SOUTHERN INDIANA
30
From the General Fund
31
39,983,554
39,983,554
32
From the ARRA State Fiscal Stabilization Fund (Section 14002(a))
33
403,875
403,875
34
From the ARRA State Fiscal Stabilization Fund (Section 14002(b))
35
578,861
802,094
36
The amounts specified from the General Fund and the American Recovery and Reinvestment
37
Act are for the following purposes:
38
Total Operating Expense
40,966,290
41,189,523
39
40
From the General Fund
41
11,920,469
11,119,519
42
Fee Replacement
11,920,469
11,119,519
43
44
HISTORIC NEW HARMONY
45
From the General Fund
46
570,723
570,723
47
From the ARRA State Fiscal Stabilization Fund (Section 14002(a))
48
5,765
5,765
49
The amounts specified from the General Fund and the American Recovery and Reinvestment
1
Act are for the following purpose:
2
Total Operating Expense
576,488
576,488
3
4
FOR BALL STATE UNIVERSITY
5
From the General Fund
6
129,077,431
129,077,431
7
From the ARRA State Fiscal Stabilization Fund (Section 14002(a))
8
1,303,813
1,303,813
9
From the ARRA State Fiscal Stabilization Fund (Section 14002(b))
10
1,658,682
1,658,682
11
The amounts specified from the General Fund and the American Recovery and Reinvestment
12
Act are for the following purposes:
13
Total Operating Expense
132,039,926
132,039,926
14
15
From the General Fund
16
11,543,674
14,296,955
17
Fee Replacement
11,543,674
14,296,955
18
19
ENTREPRENEURIAL COLLEGE
20
From the General Fund
21
990,000
990,000
22
From the ARRA State Fiscal Stabilization Fund (Section 14002(a))
23
10,000
10,000
24
From the ARRA State Fiscal Stabilization Fund (Section 14002(b))
25
1,000,000
1,000,000
26
The amounts specified from the General Fund and the American Recovery and Reinvestment
27
Act are for the following purpose:
28
Total Operating Expense
2,000,000
2,000,000
29
30
ACADEMY FOR SCIENCE, MATHEMATICS, AND HUMANITIES
31
From the General Fund
32
4,407,399
4,407,399
33
From the ARRA State Fiscal Stabilization Fund (Section 14002(a))
34
44,514
44,514
35
The amounts specified from the General Fund and the American Recovery and Reinvestment
36
Act are for the following purpose:
37
Total Operating Expense
4,451,913
4,451,913
38
39
FOR VINCENNES UNIVERSITY
40
From the General Fund
41
38,577,469
38,577,469
42
From the ARRA State Fiscal Stabilization Fund (Section 14002(a))
43
389,672
389,672
44
From the ARRA State Fiscal Stabilization Fund (Section 14002(b))
45
350,102
717,313
46
The amounts specified from the General Fund and the American Recovery and Reinvestment
47
Act are for the following purposes:
48
Total Operating Expense
39,317,243
39,684,454
49
1
From the General Fund
2
5,275,650
5,952,097
3
Fee Replacement
5,275,650
5,952,097
4
5
FOR IVY TECH COMMUNITY COLLEGE
6
From the General Fund
7
160,790,902
160,790,902
8
From the ARRA State Fiscal Stabilization Fund (Section 14002(a))
9
1,624,151
1,624,151
10
From the ARRA State Fiscal Stabilization Fund (Section 14002(b))
11
7,996,186
15,977,929
12
The amounts specified from the General Fund and the American Recovery and Reinvestment
13
Act are for the following purposes:
14
Total Operating Expense
170,411,239
178,392,982
15
16
From the General Fund
17
26,656,511
28,602,954
18
Fee Replacement
26,656,511
28,602,954
19
20
VALPO NURSING PARTNERSHIP
21
From the General Fund
22
103,624
103,624
23
From the ARRA State Fiscal Stabilization Fund (Section 14002(a))
24
1,047
1,047
25
The amounts specified from the General Fund and the American Recovery and Reinvestment
26
Act are for the following purpose:
27
Total Operating Expense
104,671
104,671
28
29
FT. WAYNE PUBLIC SAFETY TRAINING CENTER
30
From the General Fund
31
Total Operating Expense
1,000,000
1,000,000
32
33
The above appropriations do not include funds for the course development grant program.
34
35
The sums herein appropriated to Indiana University, Purdue University, Indiana State
36
University, University of Southern Indiana, Ball State University, Vincennes University,
37
and Ivy Tech Community College are in addition to all income of said institutions,
38
respectively, from all permanent fees and endowments and from all land grants, fees,
39
earnings, and receipts, including gifts, grants, bequests, and devises, and receipts
40
from any miscellaneous sales from whatever source derived.
41
42
All such income and all such fees, earnings, and receipts on hand June 30, 2009,
43
and all such income and fees, earnings, and receipts accruing thereafter are hereby
44
appropriated to the boards of trustees or directors of the aforementioned institutions
45
and may be expended for any necessary expenses of the respective institutions,
46
including university hospitals, schools of medicine, nurses' training schools, schools
47
of dentistry, and agricultural extension and experimental stations. However, such
48
income, fees, earnings, and receipts may be used for land and structures only if
49
approved by the governor and the budget agency.
1
2
The foregoing appropriations to Indiana University, Purdue University, Indiana State
3
University, University of Southern Indiana, Ball State University, Vincennes University,
4
and Ivy Tech Community College, include the employers' share of Social Security
5
payments for university employees under the public employees' retirement fund, or
6
institutions covered by the Indiana state teachers' retirement fund. The funds appropriated
7
also include funding for the employers' share of payments to the public employees'
8
retirement fund and to the Indiana state teachers' retirement fund at a rate to be
9
established by the retirement funds for both fiscal years for each institution's employees
10
covered by these retirement plans.
11
12
The treasurers of Indiana University, Purdue University, Indiana State University,
13
University of Southern Indiana, Ball State University, Vincennes University, and
14
Ivy Tech Community College shall, at the end of each three (3) month period, prepare
15
and file with the auditor of state a financial statement that shall show in total
16
all revenues received from any source, together with a consolidated statement of
17
disbursements for the same period. The budget director shall establish the requirements
18
for the form and substance of the reports.
19
20
The reports of the treasurer also shall contain in such form and in such detail as
21
the governor and the budget agency may specify, complete information concerning receipts
22
from all sources, together with any contracts, agreements, or arrangements with any
23
federal agency, private foundation, corporation, or other entity from which such
24
receipts accrue.
25
26
All such treasurers' reports are matters of public record and shall include without
27
limitation a record of the purposes of any and all gifts and trusts with the sole
28
exception of the names of those donors who request to remain anonymous.
29
30
Notwithstanding IC 4-10-11, the auditor of state shall draw warrants to the treasurers
31
of Indiana University, Purdue University, Indiana State University, University of
32
Southern Indiana, Ball State University, Vincennes University, and Ivy Tech Community
33
College on the basis of vouchers stating the total amount claimed against each fund
34
or account, or both, but not to exceed the legally made appropriations.
35
36
Notwithstanding IC 4-12-1-14, for universities and colleges supported in whole or
37
in part by state funds, grant applications and lists of applications need only be
38
submitted upon request to the budget agency for review and approval or disapproval
39
and, unless disapproved by the budget agency, federal grant funds may be requested
40
and spent without approval by the budget agency. Each institution shall retain the
41
applications for a reasonable period of time and submit a list of all grant applications,
42
at least monthly, to the commission for higher education for informational purposes.
43
44
For all university special appropriations, an itemized list of intended expenditures,
45
in such form as the governor and the budget agency may specify, shall be submitted
46
to support the allotment request. All budget requests for university special appropriations
47
shall be furnished in a like manner and as a part of the operating budgets of the
48
state universities.
49
1
The trustees of Indiana University, the trustees of Purdue University, the trustees
2
of Indiana State University, the trustees of University of Southern Indiana, the
3
trustees of Ball State University, the trustees of Vincennes University, and the trustees
4
of Ivy Tech Community College are hereby authorized to accept federal grants, subject
5
to IC 4-12-1.
6
7
Fee replacement funds are to be distributed as requested by each institution, on
8
payment due dates, subject to available appropriations.
9
10
FOR THE MEDICAL EDUCATION BOARD
11
FAMILY PRACTICE RESIDENCY FUND
12
Total Operating Expense
2,340,683
2,340,683
13
14
Of the foregoing appropriations for the medical education board-family practice residency
15
fund, $1,000,000 each year shall be used for grants for the purpose of improving
16
family practice residency programs serving medically underserved areas.
17
18
FOR THE STATE BUDGET AGENCY
19
MEDICAL EDUCATION CENTER EXPANSION
20
From the ARRA State Fiscal Stabilization Fund (Section 14002(b))
21
Total Operating Expense
5,000,000
5,000,000
22
23
The above appropriations for medical education center expansion are intended
24
to help increase medical school class size by 30% on a statewide basis. The funds
25
shall be used to help increase enrollment for years 1 and 2 and to provide clinical
26
instruction for years 3 and 4. The funds shall be distributed to the nine existing
27
medical education centers in proportion to the increase in enrollment for each center.
28
The budget agency shall release the funds after a plan is submitted and favorably
29
reviewed by the budget committee.
30
31
TECHNICAL ASSISTANCE AND ADVANCED MANUFACTURING
32
From the ARRA State Fiscal Stabilization Fund (Section 14002(b))
33
Total Operating Expense
3,750,000
3,750,000
34
35
The above appropriation for technical assistance and advanced manufacturing is intended
36
to be used to expand post graduate pharmacy residency training and post graduate
37
biomedical engineering specialization and for a technical assistance program for
38
cost containment through the healthcare technology assistance program at Purdue University.
39
Funds shall be released after favorable review by the budget committee.
40
41
CORE RESEARCH
42
From the ARRA State Fiscal Stabilization Fund (Section 14002(b))
43
Total Operating Expense
11,250,000
11,250,000
44
45
The above appropriations for core research are intended to fund facilities, equipment,
46
researchers, and related expenses at Purdue University and Indiana University to conduct
47
basic research in the core life sciences that are aligned with Indiana's major bioscience
48
employment sectors. Those sectors include pharmaceutical, biotech, medical devices
49
and equipment, orthopedics, and agricultural feedstock and chemicals. Funds shall
1
be released after favorable review by the budget committee. Purdue University and
2
Indiana University shall report to the budget committee on the status of the program
3
one (1) year after the funds are released.
4
5
FOR THE COMMISSION FOR HIGHER EDUCATION
6
Total Operating Expense
1,538,266
1,538,266
7
8
STATEWIDE TRANSFER WEB SITE
9
Total Operating Expense
644,293
644,293
10
11
LEARN MORE INDIANA
12
Total Operating Expense
1
1
13
14
FOR THE DEPARTMENT OF ADMINISTRATION
15
ANIMAL DISEASE DIAGNOSTIC LABORATORY LEASE RENTAL
16
Total Operating Expense
1,045,098
1,046,630
17
18
ANIMAL DISEASE DIAGNOSTIC LABORATORY BSL-3 LEASE RENTAL
19
Total Operating Expense
1
2,600,000
20
21
COLUMBUS LEARNING CENTER LEASE PAYMENT
22
Total Operating Expense
4,988,000
4,934,000
23
24
FOR THE STATE BUDGET AGENCY
25
GIGAPOP PROJECT
26
Total Operating Expense
771,951
771,951
27
28
SOUTH CENTRAL EDUCATIONAL ALLIANCE - BEDFORD SERVICE AREA
29
Total Operating Expense
403,172
403,172
30
31
SOUTHEAST INDIANA EDUCATION SERVICES
32
Total Operating Expense
709,130
709,130
33
34
The above appropriation for southeast Indiana education services may be expended
35
with the approval of the budget agency after review by the commission for higher
36
education.
37
38
DEGREE LINK
39
Total Operating Expense
552,294
552,294
40
41
The above appropriations shall be used for the delivery of Indiana State University
42
baccalaureate degree programs at Ivy Tech Community College and Vincennes University
43
locations through Degree Link. Distributions shall be made upon the recommendation
44
of the Indiana commission for higher education and with approval by the budget agency
45
after review by the budget committee.
46
47
WORKFORCE CENTERS
48
Total Operating Expense
887,973
887,973
49
1
MIDWEST HIGHER EDUCATION COMMISSION
2
Total Operating Expense
95,000
95,000
3
4
FOR THE STATE STUDENT ASSISTANCE COMMISSION
5
Total Operating Expense
1,073,337
1,073,337
6
FREEDOM OF CHOICE GRANTS
7
General Fund
8
Total Operating Expense
47,583,031
47,583,031
9
ARRA State Fiscal Stabilization Fund (Section 14002(b))
10
Total Operating Expense
7,823,465
7,823,465
11
12
HIGHER EDUCATION AWARD PROGRAM
13
General Fund
14
Total Operating Expense
139,515,254
139,515,254
15
ARRA State Fiscal Stabilization Fund (Section 14002(b))
16
Total Operating Expense
25,719,861
25,719,861
17
18
NURSING SCHOLARSHIP PROGRAM
19
Total Operating Expense
418,389
418,389
20
HOOSIER SCHOLAR PROGRAM
21
Total Operating Expense
404,500
404,500
22
23
For the higher education awards and freedom of choice grants made for the 2009-2011
24
biennium, the following guidelines shall be used, notwithstanding current administrative
25
rule or practice:
26
(1) Financial Need: For purposes of these awards, financial need shall be limited
27
to actual undergraduate tuition and fees for the prior academic year as established
28
by the commission.
29
(2) Maximum Base Award: The maximum award shall not exceed the lesser of:
30
(A) eighty percent (80%) of actual prior academic year undergraduate tuition and
31
fees; or
32
(B) eighty percent (80%) of the sum of the highest prior academic year undergraduate
33
tuition and fees at any public institution of higher education and the lowest appropriation
34
per full-time equivalent (FTE) undergraduate student at any public institution of
35
higher education.
36
(3) Minimum Award: No actual award shall be less than $200.
37
(4) Award Size: A student's maximum award shall be reduced one (1) time:
38
(A) for dependent students, by the expected contribution from parents based upon
39
information submitted on the financial aid application form; and
40
(B) for independent students, by the expected contribution derived from information
41
submitted on the financial aid application form.
42
(5) Award Adjustment: The maximum base award may be adjusted by the commission, for
43
any eligible recipient who fulfills college preparation requirements defined by the
44
commission.
45
(6) Adjustment:
46
(A) If the dollar amounts of eligible awards exceed appropriations and program reserves,
47
all awards may be adjusted by the commission by reducing the maximum award under
48
subdivision (2)(A) or (2)(B).
49
(B) If appropriations and program reserves are sufficient and the maximum awards
1
are not at the levels described in subdivision (2)(A) and (2)(B), all awards may
2
be adjusted by the commission by proportionally increasing the awards to the maximum
3
award under that subdivision so that parity between those maxima is maintained but
4
not exceeded.
5
6
For the Hoosier scholar program for the 2009-2011 biennium, each award shall not
7
exceed five hundred dollars ($500) and shall be made available for one (1) year only.
8
Receipt of this award shall not reduce any other award received under any state funded
9
student assistance program.
10
11
STATUTORY FEE REMISSION
12
Total Operating Expense
20,557,932
20,557,932
13
14
PART-TIME STUDENT GRANT DISTRIBUTION
15
Total Operating Expense
5,462,100
5,462,100
16
17
Priority for awards made from the above appropriation shall be given first to eligible
18
students meeting TANF income eligibility guidelines as determined by the family and
19
social services administration and second to eligible students who received awards
20
from the part-time grant fund during the school year associated with the biennial budget
21
year. Funds remaining shall be distributed according to procedures established by the
22
commission. The maximum grant that an applicant may receive for a particular academic
23
term shall be established by the commission but shall in no case be greater than a grant
24
for which an applicant would be eligible under IC 21-12-3 if the applicant were a
25
full-time student. The commission shall collect and report to the family and social
26
services administration (FSSA) all data required for FSSA to meet the data collection
27
and reporting requirements in 45 CFR Part 265.
28
29
The family and social services administration, division of family resources, shall
30
apply all qualifying expenditures for the part-time grant program toward Indiana's
31
maintenance of effort under the federal Temporary Assistance for Needy Families (TANF)
32
program (45 CFR 260 et seq.).
33
34
CONTRACT FOR INSTRUCTIONAL OPPORTUNITIES IN SOUTHEASTERN INDIANA
35
Total Operating Expense
458,253
458,253
36
MINORITY TEACHER SCHOLARSHIP FUND
37
Total Operating Expense
415,919
415,919
38
COLLEGE WORK STUDY PROGRAM
39
Total Operating Expense
837,719
837,719
40
21ST CENTURY ADMINISTRATION
41
Total Operating Expense
2,102,648
2,102,648
42
21ST CENTURY SCHOLAR AWARDS
43
Total Operating Expense
30,658,675
30,658,675
44
Augmentation for 21st Century Scholar Awards allowed from the general fund.
45
46
The commission shall collect and report to the family and social services administration
47
(FSSA) all data required for FSSA to meet the data collection and reporting requirements
48
in 45 CFR 265.
49
1
Family and social services administration, division of family resources, shall apply
2
all qualifying expenditures for the 21st century scholars program toward Indiana's
3
maintenance of effort under the federal Temporary Assistance for Needy Families (TANF)
4
program (45 CFR 260 et seq.)
5
6
NATIONAL GUARD SCHOLARSHIP
7
Total Operating Expense
2,874,264
2,874,264
8
9
The above appropriations for national guard scholarship and any program reserves
10
existing on June 30, 2009, shall be the total allowable state expenditure for the
11
program in the 2009-2011 biennium. If the dollar amounts of eligible awards exceed
12
appropriations and program reserves, the state student assistance commission shall
13
develop a plan to ensure that the total dollar amount does not exceed the above appropriations
14
and any program reserves.
15
16
INSURANCE EDUCATION SCHOLARSHIPS
17
Insurance Education Scholarship Fund (IC 21-12-9-5)
18
Total Operating Expense
100,000
100,000
19
Augmentation allowed.
20
21
The foregoing appropriations for higher education and the student assistance commission
22
that are made from money received under the federal American Recovery and Reinvestment
23
Act of 2009 (ARRA) are intended to be one (1) time appropriations.
24
25
B. ELEMENTARY AND SECONDARY EDUCATION
26
27
FOR THE DEPARTMENT OF EDUCATION
28
STATE BOARD OF EDUCATION
29
Total Operating Expense
3,144,762
3,144,762
30
31
The foregoing appropriations for the Indiana state board of education are for the
32
education roundtable established by IC 20-19-4; for the academic standards project
33
to distribute copies of the academic standards and provide teachers with curriculum
34
frameworks; for special evaluation and research projects including national and international
35
assessments; and for roundtable administrative expenses.
36
37
SUPERINTENDENT'S OFFICE
38
From the General Fund
39
8,495,125
8,495,125
40
From the Professional Standards Fund (IC 20-28-2-8)
41
395,000
395,000
42
Augmentation allowed from the Professional Standards Fund.
43
44
The amounts specified from the General Fund and the Professional Standards Fund are
45
for the following purposes:
46
47
Personal Services
5,895,372
5,895,372
48
Other Operating Expense
2,994,753
2,994,753
49
1
Of the foregoing appropriations for the Superintendent's Office, up to $140,000 is
2
dedicated for the Center for Evaluation and Education Policy.
3
4
RILEY HOSPITAL
5
Total Operating Expense
27,900
27,900
6
BEST BUDDIES
7
Total Operating Expense
250,000
250,000
8
MOTORCYCLE OPERATOR SAFETY EDUCATION FUND
9
Motorcycle Operator Safety Education Fund (IC 20-30-13-11)
10
Personal Services
154,388
154,388
11
Other Operating Expense
829,642
829,642
12
13
The foregoing appropriations for the motorcycle operator safety education fund are
14
from the motorcycle operator safety education fund created by IC 20-30-13-11.
15
16
SCHOOL TRAFFIC SAFETY
17
Motor Vehicle Highway Account (IC 8-14-1)
18
Personal Services
242,989
242,989
19
Other Operating Expense
30,405
30,405
20
Augmentation allowed.
21
EDUCATION LICENSE PLATE FEES
22
Education License Plate Fees Fund (IC 9-18-31-6)
23
Total Operating Expense
141,200
141,200
24
ACCREDITATION SYSTEM
25
Personal Services
566,462
566,462
26
Other Operating Expense
283,966
283,966
27
SPECIAL EDUCATION (S-5)
28
Total Operating Expense
24,750,000
24,750,000
29
30
The foregoing appropriations for special education are made under IC 20-35-6-2.
31
32
SPECIAL EDUCATION EXCISE
33
Alcoholic Beverage Excise Tax Funds (IC 20-35-4-4)
34
Personal Services
344,351
344,351
35
Augmentation Allowed.
36
CAREER AND TECHNICAL EDUCATION
37
Personal Services
1,390,117
1,390,117
38
Other Operating Expense
36,828
36,828
39
ADVANCED PLACEMENT PROGRAM
40
Other Operating Expense
953,284
953,284
41
42
The above appropriations for the Advanced Placement program are to provide funding
43
for students of accredited public and nonpublic schools.
44
45
PSAT PROGRAM
46
Other Operating Expense
717,449
717,449
47
48
The above appropriations for the PSAT program are to provide funding for students
49
of accredited public and nonpublic schools.
1
2
PRINCIPAL LEADERSHIP ACADEMY
3
Personal Services
320,632
320,632
4
Other Operating Expense
142,204
142,204
5
EDUCATION SERVICE CENTERS
6
Total Operating Expense
2,205,223
2,205,223
7
8
No appropriation made for an education service center shall be distributed to the
9
administering school corporation of the center unless each participating school corporation
10
of the center contracts to pay to the center at least three dollars ($3) per student
11
for fiscal year 2009-2010 based on the school corporation's ADM count as reported
12
for school aid distribution in the fall of 2008, and at least three dollars ($3)
13
per student for fiscal year 2010-2011, based on the school corporation's ADM count
14
as reported for school aid distribution beginning in the fall of 2009. Before notification
15
of education service centers of the formula and components of the formula for distributing
16
funds for education service centers, review and approval of the formula and components
17
must be made by the budget agency.
18
19
TRANSFER TUITION (STATE EMPLOYEES' CHILDREN AND ELIGIBLE
20
CHILDREN IN MENTAL HEALTH FACILITIES)
21
Total Operating Expense
25,000
25,000
22
23
The foregoing appropriations for transfer tuition (state employees' children and
24
eligible children in mental health facilities) are made under IC 20-26-11-8 and
25
IC 20-26-11-10.
26
27
TEACHERS' SOCIAL SECURITY AND RETIREMENT DISTRIBUTION
28
Total Operating Expense
2,403,792
2,403,792
29
30
The foregoing appropriations shall be distributed by the department of education
31
on a monthly basis and in approximately equal payments to special education cooperatives,
32
area career and technical education schools, and other governmental entities that
33
received state teachers' Social Security distributions for certified education personnel
34
(excluding the certified education personnel funded through federal grants) during
35
the fiscal year beginning July 1, 1992, and ending June 30, 1993, and for the units
36
under the Indiana state teacher's retirement fund, the amount they received during
37
the 2002-2003 state fiscal year for teachers' retirement. If the total amount to
38
be distributed is greater than the total appropriation, the department of education
39
shall reduce each entity's distribution proportionately.
40
41
DISTRIBUTION FOR TUITION SUPPORT
42
Total Operating Expense
6,381,650,000
6,497,650,000
43
44
The foregoing appropriations for distribution for tuition support are to be distributed
45
for tuition support, special education programs, including special education preschool,
46
career and technical education programs, honors grants, and the primetime program
47
in accordance with a statute enacted for this purpose during the 2009 session of
48
the general assembly.
49
1
If the above appropriations for distribution for tuition support are more than are
2
required under this SECTION, any excess shall revert to the general fund.
3
4
The above appropriations for tuition support shall be made each calendar year under
5
a schedule set by the budget agency and approved by the governor. However, the schedule
6
shall provide for at least twelve (12) payments, that one (1) payment shall be made
7
at least every forty (40) days, and the aggregate of the payments in each calendar
8
year shall equal the amount required under the statute enacted for the purpose referred
9
to above.
10
11
The above appropriation for tuition support shall be distributed to guarantee a minimum
12
of $2,750 per child enrolled in special education preschool programs from state sources
13
for this purpose. It is the intent of the 2009 general assembly that the above appropriation
14
for Special Education Preschool is the total allowable expenditure for the program.
15
Therefore, if the expected disbursements are anticipated to exceed the total appropriation
16
for that state fiscal year, then the department of education shall reduce the distributions
17
proportionately.
18
19
DISTRIBUTION FOR FISCAL STABILIZATION FUND GRANTS (IC 20-43-12)
20
ARRA State Fiscal Stabilization Fund (Section 14002(a))
21
Total Operating Expense
166,550,000
272,750,000
22
23
The above appropriations for fiscal stabilization fund grants are intended to be one-time
24
grants to school corporations in addition to distributions for tuition support. The
25
calendar year 2011 amount is to be distributed in the first six months of calendar
26
year 2011.
27
28
LEVY REPLACEMENT GRANTS
29
From the ARRA State Fiscal Stabilization Fund (Section 14002(a))
30
Restore Reductions from Circuit Breaker
156,695,000
31
Augmentation Allowed
32
33
The foregoing appropriations are to restore the level of funding for levy replacement
34
grants for the school fiscal year beginning January 1, 2009, and ending December
35
31, 2009, and the school fiscal year beginning January 1, 2010, and ending December
36
31, 2010. The foregoing appropriation does not expire. The budget agency may adjust
37
the three and fifty-four hundredths percent (3.54%) threshold and the calculation
38
in IC 20-20-36.2-5, as added in HEA 1198-2009, and as amended by this act, based
39
on the actual amount of funds available under the federal American Recovery and
40
Reinvestment Act of 2009 for appropriation under this SECTION for levy replacement
41
grants. The calendar year 2011 amount is to be distributed in the first six months
42
of calendar year 2011. Levy replacement grants are intended to be one-time distributions
43
for the FY 2009-2011 biennium.
44
45
DISTRIBUTION FOR SUMMER SCHOOL
46
Other Operating Expense
18,360,000
18,360,000
47
48
It is the intent of the 2009 general assembly that the above appropriations for summer
49
school shall be the total allowable state expenditure for such program. Therefore,
1
if the expected disbursements are anticipated to exceed the total appropriation for
2
that state fiscal year, then the department of education shall reduce the distributions
3
proportionately.
4
5
EARLY INTERVENTION PROGRAM AND READING DIAGNOSTIC ASSESSMENT
6
Total Operating Expense
4,720,000
4,720,000
7
8
The above appropriations for the early intervention program may be used for grants to local
9
school corporations for grant proposals for early intervention programs, including
10
reading recovery and the Waterford method.
11
12
The foregoing appropriations may be used by the department for the reading diagnostic
13
assessment and subsequent remedial programs or activities. The reading diagnostic
14
assessment program, as approved by the board, is to be made available on a voluntary
15
basis to all Indiana public and nonpublic school first and second grade students
16
upon the approval of the governing body of school corporations. The board shall determine
17
how the funds will be distributed for the assessment and related remediation. The
18
department or its representative shall provide progress reports on the assessment
19
as requested by the board and the education roundtable.
20
21
ADULT EDUCATION DISTRIBUTION
22
Total Operating Expense
13,000,000
13,000,000
23
24
It is the intent of the 2009 general assembly that the above appropriations for adult
25
education shall be the total allowable state expenditure for such program. Therefore,
26
if the expected disbursements are anticipated to exceed the total appropriation for
27
a state fiscal year, the department of education shall reduce the distributions proportionately.
28
29
NATIONAL SCHOOL LUNCH PROGRAM
30
Total Operating Expense
5,400,000
5,400,000
31
MARION COUNTY DESEGREGATION COURT ORDER
32
Total Operating Expense
18,000,000
18,000,000
33
34
The foregoing appropriations for court ordered desegregation costs are made pursuant
35
to order No. IP 68-C-225-S of the United States District Court for the Southern District
36
of Indiana. If the sums herein appropriated are insufficient to enable the state
37
to meet its obligations, then there are hereby appropriated from the state general
38
fund such further sums as may be necessary for such purpose.
39
40
TEXTBOOK REIMBURSEMENT
41
Total Operating Expense
39,000,000
39,000,000
42
43
Before a school corporation or an accredited nonpublic school may receive a distribution
44
under the textbook reimbursement program, the school corporation or accredited nonpublic
45
school shall provide to the department the requirements established in IC 20-33-5-2.
46
The department shall provide to the family and social services administration (FSSA)
47
all data required for FSSA to meet the data collection reporting requirement in 45
48
CFR 265. Family and social services administration, division of family resources,
49
shall apply all qualifying expenditures for the textbook reimbursement program toward
1
Indiana's maintenance of effort under the federal Temporary Assistance to Needy Families
2
(TANF) program (45 CFR 260 et seq.).
3
4
The foregoing appropriations for textbook reimbursement include the appropriation of the
5
common school fund interest balance. The remainder of the above appropriations are
6
provided from the state general fund.
7
8
FULL-DAY KINDERGARTEN
9
Total Operating Expense
58,500,000
58,500,000
10
11
The above appropriations for full day kindergarten are available to school corporations
12
and charter schools that apply to the department of education for funding of full day
13
kindergarten. The amount available to a school corporation or charter school equals
14
the amount appropriated divided by the total number of eligible pupils (as defined
15
in IC 20-43-1-11) enrolled in full day kindergarten in all participating school corporations
16
and charter schools in the current year, and then multiplied by the total number
17
of eligible pupils (as defined in IC 20-43-1-11) enrolled in full day kindergarten
18
in the school corporation or charter school in the current year, as determined on
19
the initial count. However, a school corporation or charter school may not receive
20
more than $1,132 dollars per student for full day kindergarten. A school corporation
21
or charter school that is awarded a grant must provide to the department of education
22
a financial report stating how the funds were spent. Any unspent funds at the end
23
of the biennium must be returned to the state by the school corporation or charter
24
school.
25
26
To provide full day kindergarten programs, a school corporation or charter school
27
that determines there is inadequate space to offer a program in the school corporation's
28
or charter school's existing facilities may offer the program in any suitable space
29
located within the geographic boundaries of the school corporation or, in the case
30
of a charter school, a location that is in the general vicinity of the charter school's
31
existing facilities. A full day kindergarten program offered by a school corporation
32
or charter school must meet the academic standards and other requirements of IC 20.
33
34
A school corporation or charter school that receives a grant must meet the academic standards
35
and other requirements of IC 20.
36
37
In awarding grants from the above appropriations, the department of education may
38
not refuse to make a grant to a school corporation or reduce the award that would
39
otherwise be made to the school corporation because the school corporation used federal
40
grants or loans, including Title I grants, to fund part or all of the school corporation's
41
full day kindergarten program in a school year before the school year in which the
42
grant will be given or because the school corporation intends to use federal grants
43
or loans, including Title I grants, to fund part of the school corporation's full
44
day kindergarten program in a school year in which the grant will be given.
45
46
The state board and department shall provide support to school corporations and charter
47
schools in the development and implementation of child centered and learning focused
48
programs using the following methods:
49
(1) Targeting professional development funds to provide teachers in kindergarten
1
through grade 3 education in:
2
(A) scientifically proven methods of teaching reading;
3
(B) the use of data to guide instruction; and
4
(C) the use of age appropriate literacy and mathematics assessments.
5
(2) Making uniform, predictively valid, observational assessments that:
6
(A) provide frequent information concerning the student's progress to the student's
7
teacher; and
8
(B) measure the student's progress in literacy;
9
available to teachers in kindergarten through grade 3. Teachers shall monitor students
10
participating in a program, and the school corporation or charter school shall report
11
the results of the assessments to the parents of a child completing an assessment and
12
to the department.
13
(3) Undertaking a longitudinal study of students in programs in Indiana to determine
14
the achievement levels of the students in kindergarten and later grades.
15
16
TESTING AND REMEDIATION
17
Other Operating Expense
39,000,000
39,000,000
18
19
Prior to notification of local school corporations of the formula and components
20
of the formula for distributing funds for remediation, review and approval of the
21
formula and components shall be made by the budget agency.
22
23
The above appropriation for testing and remediation shall be used by school corporations
24
to provide remediation programs for students who attend public and nonpublic schools.
25
For purposes of tuition support, these students are not to be counted in the average
26
daily membership.
27
28
GRADUATION EXAM REMEDIATION
29
Other Operating Expense
4,958,910
4,958,910
30
31
Prior to notification of local school corporations of the formula and components
32
of the formula for distributing funds for graduation exam remediation, review and
33
approval of the formula and components shall be made by the budget agency.
34
35
NON-ENGLISH SPEAKING PROGRAM
36
Other Operating Expense
7,000,000
7,000,000
37
38
The above appropriation for the Non-English Speaking Program is for pupils who
39
have a primary language other than English and limited English proficiency, as determined
40
by using a standard proficiency examination that has been approved by the department
41
of education.
42
43
The grant amount is two hundred dollars ($200) per pupil. It is the intent of the
44
2009 general assembly that the above appropriation for the Non-English Speaking
45
Program is the total allowable state expenditure for the program. If the expected
46
distributions are anticipated to exceed the total appropriations for the state fiscal
47
year, the department of education shall reduce each school corporation's distribution
48
proportionately.
49
1
GIFTED AND TALENTED EDUCATION PROGRAM
2
Personal Services
211,348
211,348
3
Other Operating Expense
12,788,801
12,788,801
4
5
DISTRIBUTION FOR ADULT VOCATIONAL EDUCATION
6
Total Operating Expense
250,000
250,000
7
8
The distribution for adult career and technical education programs shall be made
9
in accordance with the state plan for vocational education.
10
11
PRIMETIME
12
Personal Services
202,136
202,136
13
Other Operating Expense
32,053
32,053
14
DRUG FREE SCHOOLS
15
Personal Services
52,361
52,361
16
Other Operating Expense
20,093
20,093
17
PROFESSIONAL DEVELOPMENT DISTRIBUTION
18
Other Operating Expense
7,000,000
7,000,000
19
20
The foregoing appropriation for professional development distributions includes schools
21
defined under IC 20-31-2-8.
22
23
ALTERNATIVE EDUCATION
24
Total Operating Expense
6,380,319
6,380,319
25
26
SENATOR DAVID C. FORD EDUCATIONAL TECHNOLOGY PROGRAM (IC 20-20-13)
27
General Fund
28
Total Operating Expense
6,000,000
6,000,000
29
Build Indiana Fund (IC 4-30-17)
30
Total Operating Expense
3,000,000
3,000,000
31
32
Of the above appropriations for the Senator David C. Ford Educational Technology
33
Program, $825,000 shall be allocated each year to the buddy system. The department
34
shall use the remaining funds to make grants to school corporations to promote student
35
learning through the use of technology. Notwithstanding distribution guidelines in
36
IC 20-20-13, the department shall develop guidelines for distribution of the grants.
37
Up to $200,000 may be used each year to support the operation of the office of the
38
special assistant to the superintendent of public instruction for technology.
39
40
PROFESSIONAL STANDARDS DIVISION
41
General Fund
42
2,882,513
2,882,513
43
Professional Standards Board Licensing Fund
44
1,000,000
1,000,000
45
46
The amounts specified for the professional standards division are for the following
47
purposes:
48
Personal Services
2,243,571
2,243,571
49
Other Operating Expense
1,638,942
1,638,942
1
Augmentation Allowed
2
3
The above appropriations for the professional standards division do not include funds
4
to pay stipends for mentor teachers.
5
6
SCHOOL BUSINESS OFFICIALS ACADEMY
7
Total Operating Expense
150,000
150,000
8
9
The department shall make the foregoing appropriation for School Business Officials
10
Academy available to the Indiana Association of School Business Officials to assist
11
in the creation of an academy designed to strengthen the management and leadership
12
skills of practicing Indiana school business officials.
13
14
PUBLIC TELEVISION DISTRIBUTION
15
Total Operating Expense
1,750,000
1,750,000
16
17
These appropriations are for grants for public television. The Indiana Public Broadcasting
18
Stations, Inc. shall submit a distribution plan for the eight Indiana public education
19
television stations that shall be approved by the budget agency after review by the
20
budget committee. The above appropriation includes the costs of transmission for
21
the "GED-on-TV" program. Of the above appropriations, $250,000 each year shall be
22
distributed equally among the eight radio stations.
23
24
FOR THE INDIANA STATE TEACHERS' RETIREMENT FUND
25
POSTRETIREMENT PENSION INCREASES
26
Other Operating Expense
58,190,084
60,517,687
27
28
The appropriations for postretirement pension increases are made for those benefits
29
and adjustments provided in IC 5-10.4 and IC 5-10.2-5.
30
31
TEACHERS' RETIREMENT FUND DISTRIBUTION
32
Other Operating Expense
629,116,164
654,280,810
33
Augmentation allowed.
34
35
If the amount actually required under the pre-1996 account of the teachers' retirement
36
fund for actual benefits for the Post Retirement Pension Increases that are funded
37
on a "pay as you go" basis plus the base benefits under the pre-1996 account of the
38
teachers' retirement fund is:
39
(1) greater than the above appropriations for a year, after notice to the
40
governor and the budget agency of the deficiency, the above appropriation for
41
the year shall be augmented from the general fund. Any augmentation shall
42
be included in the required pension stabilization calculation under IC 5-10.4; or
43
(2) less than the above appropriations for a year, the excess shall be retained
44
in the general fund. The portion of the benefit funded by the annuity account
45
and the actuarially funded Post Retirement Pension Increases shall not be part
46
of this calculation.
47
48
D. OTHER EDUCATION
49
1
FOR THE EDUCATION EMPLOYMENT RELATIONS BOARD
2
Personal Services
587,688
587,688
3
Other Operating Expense
52,720
52,720
4
5
FOR THE STATE LIBRARY
6
Personal Services
2,589,615
2,589,615
7
Other Operating Expense
850,689
850,689
8
STATEWIDE LIBRARY SERVICES
9
Total Operating Expense
1,593,503
1,593,503
10
11
The foregoing appropriations for statewide library services will be used to provide services
12
to libraries across the state. These services may include, but will not be limited to, programs
13
including Wheels, I*Ask, and professional development. The state library shall identify
14
statewide library services that are to be provided by a vendor. Those services identified
15
by the library shall be procured through a competitive process using one or more requests
16
for proposals covering the service.
17
18
LIBRARY SERVICES FOR THE BLIND - ELECTRONIC NEWSLINES
19
Other Operating Expense
36,400
36,400
20
ACADEMY OF SCIENCE
21
Total Operating Expense
8,811
8,811
22
23
FOR THE ARTS COMMISSION
24
Personal Services
373,720
373,720
25
Other Operating Expense
3,309,003
3,309,003
26
27
The foregoing appropriation to the arts commission includes $625,000 each year to
28
provide grants under IC 4-23-2.5 to:
29
(1) the arts organizations that have most recently qualified for general operating
30
support as major arts organizations as determined by the arts commission;
31
and
32
(2) the significant regional organizations that have most recently qualified for
33
general operating support as mid-major arts organizations, as determined by the
34
arts commission and its regional re-granting partners.
35
36
FOR THE HISTORICAL BUREAU
37
Personal Services
361,055
361,055
38
Other Operating Expense
10,479
10,479
39
HISTORICAL MARKER PROGRAM
40
Total Operating Expense
25,444
41
42
FOR THE COMMISSION ON PROPRIETARY EDUCATION
43
Personal Services
299,783
299,783
44
Other Operating Expense
22,040
22,040
45
46
SECTION 10. [EFFECTIVE JULY 1, 2009]
47
48
DISTRIBUTIONS
49
1
FOR THE AUDITOR OF STATE
2
HEA 1001 (2008) HOMESTEAD CREDITS
3
Total Operating Expense
110,000,000
40,000,000
4
5
The above appropriations are for additional homestead credits for property taxes
6
paid in 2009 and 2010.
7
8
GAMING TAX
9
Total Operating Expense
139,753,902
139,753,902
10
11
SECTION 11. [EFFECTIVE JULY 1, 2009]
12
13
The following allocations of federal funds are available for vocational and technical
14
education under the Carl D. Perkins Vocational and Technical Education Act of 1998
15
(20 U.S.C. 2301 et seq. for Vocational and Technical Education) (20 U.S.C. 2371
16
for Tech Prep Education). These funds shall be received by the department of workforce
17
development, commission on vocational and technical education, and shall be allocated
18
by the budget agency after consultation with the commission on vocational and technical
19
education, the department of education, the commission for higher education, and
20
the department of correction. Funds shall be allocated to these agencies in accordance
21
with the allocations specified below:
22
23
STATE PROGRAMS AND LEADERSHIP
24
2,557,290
2,557,290
25
SECONDARY VOCATIONAL PROGRAMS
26
14,318,661
14,318,661
27
POSTSECONDARY VOCATIONAL PROGRAMS
28
8,202,039
8,202,039
29
TECHNOLOGY - PREPARATION EDUCATION
30
2,463,650
2,463,650
31
32
SECTION 12. [EFFECTIVE JULY 1, 2009]
33
34
In accordance with IC 22-4.1-13, the budget agency, with the advice of the commission
35
on vocational and technical education and the budget committee, may augment or reduce
36
an allocation of federal funds made under SECTION 11 of this act.
37
38
SECTION 13. [EFFECTIVE JULY 1, 2009]
39
40
Utility bills for the month of June, travel claims covering the period June 16 to
41
June 30, payroll for the period of the last half of June, any interdepartmental bills
42
for supplies or services for the month of June, and any other miscellaneous expenses
43
incurred during the period June 16 to June 30 shall be charged to the appropriation
44
for the succeeding year. No interdepartmental bill shall be recorded as a refund
45
of expenditure to any current year allotment account for supplies or services rendered
46
or delivered at any time during the preceding June period.
47
48
SECTION 14. [EFFECTIVE JULY 1, 2009]
49
1
The budget agency, under IC 4-10-11, IC 4-12-1-13, and IC 4-13-1, in cooperation
2
with the Indiana department of administration, may fix the amount of reimbursement
3
for traveling expenses (other than transportation) for travel within the limits of
4
Indiana. This amount may not exceed actual lodging and miscellaneous expenses incurred.
5
A person in travel status, as defined by the state travel policies and procedures
6
established by the Indiana department of administration and the budget agency, is
7
entitled to a meal allowance not to exceed during any twenty-four (24) hour period
8
the standard meal allowances established by the federal Internal Revenue Service.
9
10
All appropriations provided by this act or any other statute, for traveling and hotel
11
expenses for any department, officer, agent, employee, person, trustee, or commissioner,
12
are to be used only for travel within the state of Indiana, unless those expenses
13
are incurred in traveling outside the state of Indiana on trips that previously have
14
received approval as required by the state travel policies and procedures established
15
by the Indiana department of administration and the budget agency. With the required
16
approval, a reimbursement for out-of-state travel expenses may be granted in an amount
17
not to exceed actual lodging and miscellaneous expenses incurred. A person in travel
18
status is entitled to a meal allowance not to exceed during any twenty-four (24)
19
hour period the standard meal allowances established by the federal Internal Revenue
20
Service for properly approved travel within the continental United States and a minimum
21
of $50 during any twenty-four (24) hour period for properly approved travel outside
22
the continental United States. However, while traveling in Japan, the minimum meal
23
allowance shall not be less than $90 for any twenty-four (24) hour period. While
24
traveling in Korea and Taiwan, the minimum meal allowance shall not be less than
25
$85 for any twenty-four (24) hour period. While traveling in Singapore, China, Great
26
Britain, Germany, the Netherlands, and France, the minimum meal allowance shall not
27
be less than $65 for any twenty-four (24) hour period.
28
29
In the case of the state supported institutions of postsecondary education, approval
30
for out-of-state travel may be given by the chief executive officer of the institution,
31
or the chief executive officer's authorized designee, for the chief executive officer's
32
respective personnel.
33
34
Before reimbursing overnight travel expenses, the auditor of state shall require
35
documentation as prescribed in the state travel policies and procedures established
36
by the Indiana department of administration and the budget agency. No appropriation
37
from any fund may be construed as authorizing the payment of any sum in excess of
38
the standard mileage rates for personally owned transportation equipment established
39
by the federal Internal Revenue Service when used in the discharge of state business.
40
The Indiana department of administration and the budget agency may adopt policies
41
and procedures relative to the reimbursement of travel and moving expenses of new
42
state employees and the reimbursement of travel expenses of prospective employees
43
who are invited to interview with the state.
44
45
SECTION 15. [EFFECTIVE JULY 1, 2009]
46
47
Notwithstanding IC 4-10-11-2.1, the salary per diem of members of boards, commissions,
48
and councils who are entitled to a salary per diem is $50 per day. However, members
49
of boards, commissions, or councils who receive an annual or a monthly salary paid
1
by the state are not entitled to the salary per diem provided in IC 4-10-11-2.1.
2
3
SECTION 16. [EFFECTIVE JULY 1, 2009]
4
5
No payment for personal services shall be made by the auditor of state unless the
6
payment has been approved by the budget agency or the designee of the budget agency.
7
8
SECTION 17. [EFFECTIVE JULY 1, 2009]
9
10
No warrant for operating expenses, capital outlay, or fixed charges shall be issued
11
to any department or an institution unless the receipts of the department or institution
12
have been deposited into the state treasury for the month. However, if a department
13
or an institution has more than $10,000 in daily receipts, the receipts shall be
14
deposited into the state treasury daily.
15
16
SECTION 18. [EFFECTIVE JULY 1, 2009]
17
18
In case of loss by fire or any other cause involving any state institution or department,
19
the proceeds derived from the settlement of any claim for the loss shall be deposited
20
in the state treasury, and the amount deposited is hereby reappropriated to the institution
21
or department for the purpose of replacing the loss. If it is determined that the
22
loss shall not be replaced, any funds received from the settlement of a claim shall
23
be deposited into the state general fund.
24
25
SECTION 19. [EFFECTIVE JULY 1, 2009]
26
27
If an agency has computer equipment in excess of the needs of that agency, then the
28
excess computer equipment may be sold under the provisions of surplus property sales,
29
and the proceeds of the sale or sales shall be deposited in the state treasury. The
30
amount so deposited is hereby reappropriated to that agency for other operating expenses
31
of the then current year, if approved by the director of the budget agency.
32
33
SECTION 20. [EFFECTIVE JULY 1, 2009]
34
35
If any state penal or benevolent institution other than the Indiana state prison,
36
Pendleton correctional facility, or Putnamville correctional facility shall, in the
37
operation of its farms, produce products or commodities in excess of the needs of
38
the institution, the surplus may be sold through the division of industries and farms,
39
the director of the supply division of the Indiana department of administration,
40
or both. The proceeds of any such sale or sales shall be deposited in the state treasury.
41
The amount deposited is hereby reappropriated to the institution for expenses of
42
the then current year if approved by the director of the budget agency. The exchange
43
between state penal and benevolent institutions of livestock for breeding purposes
44
only is hereby authorized at valuations agreed upon between the superintendents or
45
wardens of the institutions. Capital outlay expenditures may be made from the institutional
46
industries and farms revolving fund if approved by the budget agency and the governor.
47
48
SECTION 21. [EFFECTIVE JULY 1, 2009]
49
1
This act does not authorize any rehabilitation and repairs to any state buildings,
2
nor does it allow that any obligations be incurred for lands and structures, without
3
the prior approval of the budget director or the director's designee. This SECTION
4
does not apply to contracts for the state universities supported in whole or in part
5
by state funds.
6
7
SECTION 22. [EFFECTIVE JULY 1, 2009]
8
9
If an agency has an annual appropriation fixed by law, and if the agency also receives
10
an appropriation in this act for the same function or program, the appropriation
11
in this act supersedes any other appropriations and is the total appropriation for
12
the agency for that program or function.
13
14
SECTION 23. [EFFECTIVE JULY 1, 2009]
15
16
The balance of any appropriation or funds heretofore placed or remaining to the credit
17
of any division of the state of Indiana, and any appropriation or funds provided
18
in this act placed to the credit of any division of the state of Indiana, the powers,
19
duties, and functions whereof are assigned and transferred to any department for
20
salaries, maintenance, operation, construction, or other expenses in the exercise
21
of such powers, duties, and functions, shall be transferred to the credit of the
22
department to which such assignment and transfer is made, and the same shall be available
23
for the objects and purposes for which appropriated originally.
24
25
SECTION 24. [EFFECTIVE JULY 1, 2009]
26
27
The director of the division of procurement of the Indiana department of administration,
28
or any other person or agency authorized to make purchases of equipment, shall not
29
honor any requisition for the purchase of an automobile that is to be paid for from
30
any appropriation made by this act or any other act, unless the following facts are
31
shown to the satisfaction of the commissioner of the Indiana department of administration
32
or the commissioner's designee:
33
(1) In the case of an elected state officer, it shall be shown that the duties of
34
the office require driving about the state of Indiana in the performance of official
35
duty.
36
(2) In the case of department or commission heads, it shall be shown that the statutory
37
duties imposed in the discharge of the office require traveling a greater distance
38
than one thousand (1,000) miles each month or that they are subject to official duty
39
call at all times.
40
(3) In the case of employees, it shall be shown that the major portion of the duties
41
assigned to the employee require travel on state business in excess of one thousand
42
(1,000) miles each month, or that the vehicle is identified by the agency as an integral
43
part of the job assignment.
44
45
In computing the number of miles required to be driven by a department head or an
46
employee, the distance between the individual's home and office or designated official
47
station is not to be considered as a part of the total. Department heads shall annually
48
submit justification for the continued assignment of each vehicle in their department,
49
which shall be reviewed by the commissioner of the Indiana department of administration,
1
or the commissioner's designee. There shall be an insignia permanently affixed on
2
each side of all state owned cars, designating the cars as being state owned. However,
3
this requirement does not apply to state owned cars driven by elected state officials
4
or to cases where the commissioner of the Indiana department of administration or
5
the commissioner's designee determines that affixing insignia on state owned cars
6
would hinder or handicap the persons driving the cars in the performance of their
7
official duties.
8
9
SECTION 25. [EFFECTIVE JULY 1, 2009]
10
11
When budget agency approval or review is required under this act, the budget agency
12
may refer to the budget committee any budgetary or fiscal matter for an advisory
13
recommendation. The budget committee may hold hearings and take any actions authorized
14
by IC 4-12-1-11, and may make an advisory recommendation to the budget agency.
15
16
SECTION 26. [EFFECTIVE JULY 1, 2009]
17
18
The governor of the state of Indiana is solely authorized to accept on behalf of
19
the state any and all federal funds available to the state of Indiana. Federal funds
20
received under this SECTION are appropriated for purposes specified by the federal
21
government, subject to allotment by the budget agency. The provisions of this SECTION
22
and all other SECTIONS concerning the acceptance, disbursement, review, and approval
23
of any grant, loan, or gift made by the federal government or any other source to
24
the state or its agencies and political subdivisions shall apply, notwithstanding
25
any other law.
26
27
SECTION 27. [EFFECTIVE JULY 1, 2009]
28
29
Federal funds received as revenue by a state agency or department are not available
30
to the agency or department for expenditure until allotment has been made by the
31
budget agency under IC 4-12-1-12(d).
32
33
SECTION 28. [EFFECTIVE JULY 1, 2009]
34
35
A contract or an agreement for personal services or other services may not be entered
36
into by any agency or department of state government without the approval of the
37
budget agency or the designee of the budget director.
38
39
SECTION 29. [EFFECTIVE JULY 1, 2009]
40
41
Except in those cases where a specific appropriation has been made to cover the payments
42
for any of the following, the auditor of state shall transfer, from the personal
43
services appropriations for each of the various agencies and departments, necessary
44
payments for Social Security, public employees' retirement, health insurance, life
45
insurance, and any other similar payments directed by the budget agency.
46
47
SECTION 30. [EFFECTIVE JULY 1, 2009]
48
49
Subject to SECTION 25 of this act as it relates to the budget committee, the budget
1
agency with the approval of the governor may withhold allotments of any or all appropriations
2
contained in this act for the 2009-2011 biennium, if it is considered necessary to
3
do so in order to prevent a deficit financial situation.
4
5
SECTION 31. [EFFECTIVE JULY 1, 2009]
6
7
CONSTRUCTION
8
9
For the 2009-2011 biennium, the following amounts, from the funds listed as follows,
10
are hereby appropriated to provide for the construction, reconstruction, rehabilitation,
11
repair, purchase, rental, and sale of state properties, capital lease rentals, and
12
the purchase and sale of land, including equipment for such properties and other
13
projects as specified.
14
15
State General Fund - Lease Rentals
16
328,620,484
17
State General Fund - Construction
18
104,834,276
19
State Police Building Commission Fund (IC 9-29-1-4)
20
3,200,000
21
Law Enforcement Academy Building Fund (IC 5-2-1-13(a))
22
330,727
23
Cigarette Tax Fund (IC 6-7-1-29.1)
24
3,600,000
25
Veterans' Home Building Fund (IC 10-17-9-7)
26
5,449,777
27
Postwar Construction Fund (IC 7.1-4-8-1)
28
34,411,484
29
Regional Health Care Construction Account (IC 4-12-8.5)
30
21,489,259
31
Build Indiana Fund (IC 4-30-17)
32
9,000,000
33
State Highway Fund (IC 8-23-9-54)
34
25,000,000
35
American Recovery and Reinvestment Act
36
63,570,098
37
38
TOTAL 599,506,105
39
40
The allocations provided under this SECTION are made from the state general fund,
41
unless specifically authorized from other designated funds by this act. The budget
42
agency, with the approval of the governor, in approving the allocation of funds pursuant
43
to this SECTION, shall consider, as funds are available, allocations for the following
44
specific uses, purposes, and projects:
45
46
A. GENERAL GOVERNMENT
47
48
FOR THE SENATE
49
Remodeling
260,000
1
2
FOR THE STATE BUDGET AGENCY
3
Health and Safety Contingency Fund
5,000,000
4
Aviation Technology Center
2,471,771
5
Airport Facilities Lease
45,301,441
6
Stadium Lease Rental
82,000,000
7
8
DEPARTMENT OF ADMINISTRATION - PROJECTS
9
Preventive Maintenance
7,841,835
10
Repair and Rehabilitation
5,335,000
11
DEPARTMENT OF ADMINISTRATION - LEASES
12
General Fund
13
Lease - Government Center North
27,872,783
14
Lease - Government Center South
34,073,925
15
Lease - State Museum
14,579,033
16
Lease - McCarty Street Warehouse
1,509,375
17
Lease - Parking Garages
10,428,265
18
Lease - Toxicology Lab
10,593,099
19
Lease - Wabash Valley Correctional
36,517,566
20
Lease - Miami Correctional
29,364,180
21
Lease - Pendleton Juvenile Correctional
10,217,237
22
Lease - New Castle Correctional
23,691,809
23
Postwar Construction Fund (IC 7.1-4-8-1)
24
Lease - Rockville Correctional
10,783,470
25
Lease - Miami Correctional
1,500,000
26
Lease - Wabash Valley Correctional
1,500,000
27
Regional Health Care Construction Account (IC 4-12-8.5)
28
Lease - Evansville State Hospital
5,462,562
29
Lease - Southeast Regional Treatment
10,358,654
30
Lease - Logansport State Hospital
5,668,043
31
32
B. PUBLIC SAFETY
33
34
(1) LAW ENFORCEMENT
35
36
INDIANA STATE POLICE
37
State Police Building Commission Fund (IC 9-29-1-4)
38
Preventive Maintenance
1,015,000
39
Repair and Rehabilitation
2,185,000
40
LAW ENFORCEMENT TRAINING BOARD
41
Law Enforcement Academy Building Fund (IC 5-2-1-13(a))
42
Preventive Maintenance
330,727
43
ADJUTANT GENERAL
44
Preventive Maintenance
250,000
45
Land Acquistion
4,000,000
46
47
(2) CORRECTIONS
48
49
DEPARTMENT OF CORRECTION - PROJECTS
1
Preventive Maintenance
76,828
2
CORRECTIONAL UNITS
3
Preventive Maintenance
1,438,770
4
STATE PRISON
5
Preventive Maintenance
954,492
6
Postwar Construction Fund (IC 7.1-4-8-1)
7
Repair and Rehabilitation
2,298,000
8
PENDLETON CORRECTIONAL FACILITY
9
Preventive Maintenance
1,257,064
10
Postwar Construction Fund (IC 7.1-4-8-1)
11
Repair and Rehabilitation
3,465,000
12
WOMEN'S PRISON
13
Preventive Maintenance
538,832
14
Postwar Construction Fund (IC 7.1-4-8-1)
15
Repair and Rehabilitation
291,000
16
NEW CASTLE CORRECTIONAL FACILITY
17
Preventive Maintenance
350,388
18
Postwar Construction Fund (IC 7.1-4-8-1)
19
Repair and Rehabilitation
365,000
20
PUTNAMVILLE CORRECTIONAL FACILITY
21
Preventive Maintenance
864,822
22
Postwar Construction Fund (IC 7.1-4-8-1)
23
Construct New Fire Station
250,000
24
Repair and Rehabilitation
1,570,000
25
PLAINFIELD EDUCATION RE-ENTRY FACILITY
26
Preventive Maintenance
322,804
27
Postwar Construction Fund (IC 7.1-4-8-1)
28
Repair and Rehabilitation
740,000
29
INDIANAPOLIS JUVENILE CORRECTIONAL FACILITY
30
Preventive Maintenance
395,510
31
Postwar Construction Fund (IC 7.1-4-8-1)
32
Repair and Rehabilitation
212,500
33
BRANCHVILLE CORRECTIONAL FACILITY
34
Preventive Maintenance
272,932
35
WESTVILLE CORRECTIONAL FACILITY
36
Preventive Maintenance
806,330
37
Postwar Construction Fund (IC 7.1-4-8-1)
38
Repair and Rehabilitation
2,300,000
39
ROCKVILLE CORRECTIONAL FACILITY
40
Preventive Maintenance
357,296
41
PLAINFIELD CORRECTIONAL FACILITY
42
Preventive Maintenance
663,704
43
Postwar Construction Fund (IC 7.1-4-8-1)
44
Repair and Rehabilitation
1,054,000
45
RECEPTION-DIAGNOSTIC CENTER
46
Preventive Maintenance
214,464
47
Postwar Construction Fund (IC 7.1-4-8-1)
48
Repair and Rehabilitation
692,000
49
CORRECTIONAL INDUSTRIAL FACILITY
1
Preventive Maintenance
584,172
2
Postwar Construction Fund (IC 7.1-4-8-1)
3
Repair and Rehabilitation
1,853,000
4
WABASH VALLEY CORRECTIONAL FACILITY
5
Preventive Maintenance
608,820
6
Postwar Construction Fund (IC 7.1-4-8-1)
7
Repair and Rehabilitation
160,000
8
CHAIN O' LAKES CORRECTIONAL FACILITY
9
Preventive Maintenance
76,828
10
Postwar Construction Fund (IC 7.1-4-8-1)
11
Construct New Maintenance Building
180,000
12
Construct New Dormitory
320,000
13
MADISON CORRECTIONAL FACILITY
14
Postwar Construction Fund (IC 7.1-4-8-1)
15
Repair and Rehabilitation
90,000
16
MIAMI CORRECTIONAL FACILITY
17
Preventive Maintenance
664,560
18
CAMP SUMMIT CORRECTIONAL FACILITY
19
Postwar Construction Fund (IC 7.1-4-8-1)
20
Repair and Rehabilitation
470,000
21
PENDLETON JUVENILE CORRECTIONAL FACILITY
22
Preventive Maintenance
228,738
23
24
C. CONSERVATION AND ENVIRONMENT
25
26
DEPARTMENT OF NATURAL RESOURCES - GENERAL ADMINISTRATION
27
Preventive Maintenance
150,000
28
Repair and Rehabilitation
1,000,000
29
FISH AND WILDLIFE
30
Preventive Maintenance
2,000,000
31
Repair and Rehabilitation
3,650,000
32
FORESTRY
33
Preventive Maintenance
2,000,000
34
Repair and Rehabilitation
4,000,000
35
MUSEUMS AND HISTORIC SITES
36
Preventive Maintenance
475,000
37
Historic Sites Exhibits
650,000
38
Repair and Rehabilitation
2,720,000
39
NATURE PRESERVES
40
Preventive Maintenance
230,000
41
Repair and Rehabilitation
1,268,542
42
OUTDOOR RECREATION
43
Preventive Maintenance
50,000
44
Outdoor Rec. SCORP
40,000
45
Repair and Rehabilitation
473,645
46
STATE PARKS AND RESERVOIR MANAGEMENT
47
Preventive Maintenance
2,900,000
48
Repair and Rehabilitation
21,563,689
49
State Parks Bond Payments
917,028
1
Falls of the Ohio Lease
364,000
2
Cigarette Tax Fund (IC 6-7-1-29.1)
3
Preventive Maintenance
3,600,000
4
DIVISION OF WATER
5
Preventive Maintenance
125,000
6
Div. of Water Flood Plain Mapping
400,000
7
Repair and Rehabilitation
2,425,000
8
ENFORCEMENT
9
Preventive Maintenance
250,000
10
STATE MUSEUM
11
Preventive Maintenance
762,500
12
ENTOMOLOGY
13
Repair and Rehabilitation
1,000,000
14
WAR MEMORIALS COMMISSION
15
Preventive Maintenance
1,234,000
16
IWM Fire Suppression/Material abate
300,000
17
Indiana War Memorial ADA Access
250,000
18
Repair and Rehabilitation
692,000
19
LITTLE CALUMET RIVER BASIN COMMISSION
20
Build Indiana Fund (IC 4-30-17)
21
Repair and Rehabilitation
9,000,000
22
KANKAKEE RIVER BASIN COMMISSION
23
ARRA State Fiscal Stabilization Fund (Section 14002(b))
24
Repair and Rehabilitation
1,500,000
25
26
D. TRANSPORTATION
27
28
DEPARTMENT OF TRANSPORTATION
29
State Highway Fund (IC 8-23-9-54)
30
Buildings and Grounds
25,000,000
31
32
The above appropriations for highway buildings and grounds may be used for land acquisition,
33
site development, construction and equipping of new highway facilities and for maintenance,
34
repair, and rehabilitation of existing state highway facilities after review by the
35
budget committee.
36
37
AIRPORT DEVELOPMENT
38
Airport Development
2,400,000
39
40
The foregoing allocation for the Indiana department of transportation is for airport
41
development and shall be used for the purpose of assisting local airport authorities and
42
local units of governments in matching available federal funds under the airport
43
improvement program and for matching federal grants for airport planning and for the
44
other airport studies. Matching grants of aid shall be made in accordance with the
45
approved annual capital improvements program of the Indiana department of
46
transportation and with the approval of the governor and the budget agency.
47
48
E. FAMILY AND SOCIAL SERVICES, HEALTH, AND VETERANS' AFFAIRS
49
1
(1) FAMILY AND SOCIAL SERVICES ADMINISTRATION
2
3
EVANSVILLE PSYCHIATRIC CHILDREN'S CENTER
4
Preventive Maintenance
45,000
5
Repair and Rehabilitation
287,660
6
EVANSVILLE STATE HOSPITAL
7
Preventive Maintenance
500,000
8
Repair and Rehabilitation
360,000
9
MADISON STATE HOSPITAL
10
Preventive Maintenance
971,409
11
Repair and Rehabilitation
956,800
12
LOGANSPORT STATE HOSPITAL
13
Preventive Maintenance
963,144
14
Repair and Rehabilitation
4,486,700
15
RICHMOND STATE HOSPITAL
16
Preventive Maintenance
1,210,724
17
Repair and Rehabilitation
2,403,700
18
LARUE CARTER MEMORIAL HOSPITAL
19
Preventive Maintenance
3,863,118
20
21
(2) PUBLIC HEALTH
22
23
SCHOOL FOR THE BLIND AND VISUALLY IMPAIRED
24
Preventive Maintenance
565,714
25
Postwar Construction Fund (IC 7.1-4-8-1)
26
Repair and Rehabilitation
2,288,013
27
SCHOOL FOR THE DEAF
28
Preventive Maintenance
565,714
29
Postwar Construction Fund (IC 7.1-4-8-1)
30
Repair and Rehabilitation
2,029,501
31
32
(3) VETERANS' AFFAIRS
33
34
INDIANA VETERANS' HOME
35
Veterans' Home Building Fund (IC 10-17-9-7)
36
Preventive Maintenance
1,500,000
37
Repair and Rehabilitation
3,949,777
38
39
F. EDUCATION
40
41
HIGHER EDUCATION
42
43
INDIANA UNIVERSITY - TOTAL SYSTEM
44
ARRA State Fiscal Stabilization Fund (Section 14002(a))
45
General Repair and Rehab
25,202,564
46
PURDUE UNIVERSITY - TOTAL SYSTEM
47
ARRA State Fiscal Stabilization Fund (Section 14002(a))
48
General Repair and Rehab
19,777,318
49
INDIANA STATE UNIVERSITY
1
ARRA State Fiscal Stabilization Fund (Section 14002(a))
2
General Repair and Rehab
4,681,980
3
UNIVERSITY OF SOUTHERN INDIANA
4
ARRA State Fiscal Stabilization Fund (Section 14002(a))
5
General Repair and Rehab
1,121,926
6
BALL STATE UNIVERSITY
7
ARRA State Fiscal Stabilization Fund (Section 14002(a))
8
General Repair and Rehab
6,726,300
9
VINCENNES UNIVERSITY
10
ARRA State Fiscal Stabilization Fund (Section 14002(a))
11
General Repair and Rehab
2,272,968
12
IVY TECH COMMUNITY COLLEGE
13
ARRA State Fiscal Stabilization Fund (Section 14002(a))
14
General Repair and Rehab
2,287,042
15
16
SECTION 32. [EFFECTIVE JULY 1, 2008 (RETROACTIVE)]
17
18
A. MEDICAID
19
20
The appropriation from the state general fund for the period beginning July 1, 2008,
21
and ending June 30, 2009, as set forth in P.L. 234-2007, SECTION 8, Part A, that
22
was made to the budget agency for Medicaid current obligations total operating
23
expense in the amount of one billion six hundred seventeen million three hundred
24
sixty-seven thousand five hundred dollars ($1,617,367,500) is canceled.
25
26
For the period beginning July 1, 2008, and ending June 30, 2009, one billion three
27
hundred thirteen million three hundred sixty-seven thousand five hundred dollars
28
($1,313,367,500) is appropriated to the budget agency from the state general
29
fund for Medicaid current obligations total operating expense. Augmentation of this
30
appropriation is allowed.
31
32
B. HIGHER EDUCATION OPERATING
33
34
The following appropriations from the state general fund for higher education
35
that are set forth in P.L. 234-2007, SECTIONS 6 and 9, for the state fiscal year
36
beginning July 1, 2008, and ending June 30, 2009, or for the biennium, are canceled:
37
38
FOR INDIANA UNIVERSITY, BLOOMINGTON CAMPUS
39
Total Operating Expense
202,202,196
40
41
FOR INDIANA UNIVERSITY, REGIONAL CAMPUSES
42
EAST
43
Total Operating Expense
8,322,137
44
KOKOMO
45
Total Operating Expense
10,817,455
46
NORTHWEST
47
Total Operating Expense
18,061,296
48
SOUTH BEND
49
Total Operating Expense
23,236,007
1
SOUTHEAST
2
Total Operating Expense
20,848,802
3
4
FOR INDIANA UNIVERSITY - PURDUE UNIVERSITY INDIANAPOLIS
5
HEALTH DIVISIONS
6
Total Operating Expense
112,236,327
7
8
FOR INDIANA UNIVERSITY SCHOOL OF MEDICINE
9
THE CAMPUS OF THE UNIVERSITY OF SOUTHERN INDIANA
10
Total Operating Expense
1,610,361
11
THE CAMPUS OF INDIANA UNIVERSITY-PURDUE UNIVERSITY FORT WAYNE
12
Total Operating Expense
1,481,430
13
THE CAMPUS OF INDIANA UNIVERSITY NORTHWEST
14
Total Operating Expense
2,104,574
15
THE CAMPUS OF PURDUE UNIVERSITY
16
Total Operating Expense
1,878,629
17
THE CAMPUS OF BALL STATE UNIVERSITY
18
Total Operating Expense
1,689,194
19
THE CAMPUS OF THE UNIVERSITY OF NOTRE DAME
20
Total Operating Expense
1,566,525
21
THE CAMPUS OF INDIANA STATE UNIVERSITY
22
Total Operating Expense
1,867,636
23
24
FOR INDIANA UNIVERSITY - PURDUE UNIVERSITY AT INDIANAPOLIS
25
GENERAL ACADEMIC DIVISIONS
26
Total Operating Expense
83,311,562
27
28
FOR INDIANA UNIVERSITY
29
ABILENE NETWORK OPERATIONS CENTER
30
Total Operating Expense
867,288
31
SPINAL CORD AND HEAD INJURY RESEARCH CENTER
32
Total Operating Expense
546,073
33
INSTITUTE FOR THE STUDY OF DEVELOPMENTAL DISABILITIES
34
Total Operating Expense
2,580,667
35
GEOLOGICAL SURVEY
36
Total Operating Expense
3,231,504
37
LOCAL GOVERNMENT ADVISORY COMMISSION
38
Total Operating Expense
58,899
39
40
FOR PURDUE UNIVERSITY, WEST LAFAYETTE
41
Total Operating Expense
262,033,737
42
43
FOR PURDUE UNIVERSITY - REGIONAL CAMPUSES
44
CALUMET
45
Total Operating Expense
28,212,704
46
NORTH CENTRAL
47
Total Operating Expense
11,969,824
48
49
FOR INDIANA UNIVERSITY - PURDUE UNIVERSITY, AT FORT WAYNE
1
Total Operating Expense
38,449,705
2
3
FOR PURDUE UNIVERSITY
4
ANIMAL DISEASE DIAGNOSTIC LABORATORY SYSTEM
5
Total Operating Expense
3,593,444
6
STATEWIDE TECHNOLOGY
7
Total Operating Expense
6,702,020
8
COUNTY AGRICULTURAL EXTENSION EDUCATORS
9
Total Operating Expense
7,536,047
10
AGRICULTURAL RESEARCH AND EXTENSION - CROSSROADS
11
Total Operating Expense
7,540,584
12
CENTER FOR PARALYSIS RESEARCH
13
Total Operating Expense
544,331
14
UNIVERSITY-BASED BUSINESS ASSISTANCE
15
Total Operating Expense
1,967,749
16
17
FOR INDIANA STATE UNIVERSITY
18
Total Operating Expense
76,911,131
19
Nursing Program
250,000
20
21
FOR UNIVERSITY OF SOUTHERN INDIANA
22
Total Operating Expense
40,387,429
23
HISTORIC NEW HARMONY
24
Total Operating Expense
576,488
25
26
FOR BALL STATE UNIVERSITY
27
Total Operating Expense
130,381,244
28
ENTREPRENEURIAL COLLEGE
29
Total Operating Expense
1,000,000
30
ACADEMY FOR SCIENCE, MATHEMATICS, AND HUMANITIES
31
Total Operating Expense
4,451,913
32
33
FOR VINCENNES UNIVERSITY
34
Total Operating Expense
38,967,141
35
36
FOR IVY TECH COMMUNITY COLLEGE
37
Total Operating Expense
162,415,053
38
39
VALPO NURSING PARTNERSHIP
40
Total Operating Expense
104,671
41
42
FOR THE INDIANA HIGHER EDUCATION TELECOMMUNICATIONS SYSTEM (IHETS)
43
Total Operating Expense
4,972,024
44
45
For the state fiscal year beginning July 1, 2008, and ending June 30, 2009, the following
46
amounts are appropriated for higher education total operating expenses from the state
47
general fund and from money received for higher education under Division A, Title
48
XIV of the federal American Recovery and Reinvestment Act of 2009 (referred to as
49
ARRA" in this SECTION):
1
2
FOR INDIANA UNIVERSITY, BLOOMINGTON CAMPUS
3
General Fund
200,180,174
4
ARRA State Fiscal Stabilization Fund (Section 14002(a))
5
2,022,022
6
Total Operating Expense
202,202,196
7
8
FOR INDIANA UNIVERSITY REGIONAL CAMPUSES
9
EAST
10
General Fund
8,238,916
11
ARRA State Fiscal Stabilization Fund (Section 14002(a))
12
83,221
13
Total Operating Expense
8,322,137
14
KOKOMO
15
General Fund
10,709,280
16
ARRA State Fiscal Stabilization Fund (Section 14002(a))
17
108,175
18
Total Operating Expense
10,817,455
19
NORTHWEST
20
General Fund
17,880,683
21
ARRA State Fiscal Stabilization Fund (Section 14002(a))
22
180,613
23
Total Operating Expense
18,061,296
24
SOUTH BEND
25
General Fund
23,003,647
26
ARRA State Fiscal Stabilization Fund (Section 14002(a))
27
232,360
28
Total Operating Expense
23,236,007
29
SOUTHEAST
30
General Fund
20,640,314
31
ARRA State Fiscal Stabilization Fund (Section 14002(a))
32
208,488
33
Total Operating Expense
20,848,802
34
FOR INDIANA UNIVERSITY - PURDUE UNIVERSITY INDIANAPOLIS (IUPUI)
35
HEALTH DIVISIONS
36
General Fund
111,113,964
37
ARRA State Fiscal Stabilization Fund (Section 14002(a))
38
1,122,363
39
Total Operating Expense
112,236,327
40
41
FOR INDIANA UNIVERSITY SCHOOL OF MEDICINE
42
THE CAMPUS OF THE UNIVERSITY OF SOUTHERN INDIANA
43
General Fund
1,594,256
44
ARRA State Fiscal Stabilization Fund (Section 14002(a))
45
16,105
46
Total Operating Expense
1,610,361
47
THE CAMPUS OF INDIANA UNIVERSITY-PURDUE UNIVERSITY FORT WAYNE
48
General Fund
1,466,616
49
ARRA State Fiscal Stabilization Fund (Section 14002(a))
1
14,814
2
Total Operating Expense
1,481,430
3
THE CAMPUS OF INDIANA UNIVERSITY NORTHWEST
4
General Fund
2,083,528
5
ARRA State Fiscal Stabilization Fund (Section 14002(a))
6
21,046
7
Total Operating Expense
2,104,574
8
THE CAMPUS OF PURDUE UNIVERSITY
9
General Fund
1,859,843
10
ARRA State Fiscal Stabilization Fund (Section 14002(a))
11
18,786
12
Total Operating Expense
1,878,629
13
THE CAMPUS OF BALL STATE UNIVERSITY
14
General Fund
1,672,302
15
ARRA State Fiscal Stabilization Fund (Section 14002(a))
16
16,892
17
Total Operating Expense
1,689,194
18
THE CAMPUS OF THE UNIVERSITY OF NOTRE DAME
19
General Fund
1,550,860
20
ARRA State Fiscal Stabilization Fund (Section 14002(a))
21
15,665
22
Total Operating Expense
1,566,525
23
THE CAMPUS OF INDIANA STATE UNIVERSITY
24
General Fund
1,848,960
25
ARRA State Fiscal Stabilization Fund (Section 14002(a))
26
18,676
27
Total Operating Expense
1,867,636
28
29
FOR INDIANA UNIVERSITY - PURDUE UNIVERSITY AT INDIANAPOLIS (IUPUI),
30
GENERAL ACADEMIC DIVISIONS
31
General Fund
82,478,446
32
ARRA State Fiscal Stabilization Fund (Section 14002(a))
33
833,116
34
Total Operating Expense
83,311,562
35
36
FOR INDIANA UNIVERSITY
37
ABILENE NETWORK OPERATIONS CENTER
38
General Fund
858,615
39
ARRA State Fiscal Stabilization Fund (Section 14002(a))
40
8,673
41
Total Operating Expense
867,288
42
SPINAL CORD AND HEAD INJURY RESEARCH CENTER
43
General Fund
540,612
44
ARRA State Fiscal Stabilization Fund (Section 14002(a))
45
5,461
46
Total Operating Expense
546,073
47
INSTITUTE FOR THE STUDY OF DEVELOPMENTAL DISABILITIES
48
General Fund
2,554,860
49
ARRA State Fiscal Stabilization Fund (Section 14002(a))
1
25,807
2
Total Operating Expense
2,580,667
3
GEOLOGICAL SURVEY
4
General Fund
3,199,188
5
ARRA State Fiscal Stabilization Fund (Section 14002(a))
6
32,316
7
Total Operating Expense
3,231,504
8
LOCAL GOVERNMENT ADVISORY COMMISSION
9
General Fund
58,310
10
ARRA State Fiscal Stabilization Fund (Section 14002(a))
11
589
12
Total Operating Expense
58,899
13
14
FOR PURDUE UNIVERSITY, WEST LAFAYETTE
15
General Fund
259,413,399
16
ARRA State Fiscal Stabilization Fund (Section 14002(a))
17
2,620,338
18
Total Operating Expense
262,033,737
19
20
FOR PURDUE UNIVERSITY - REGIONAL CAMPUSES
21
CALUMET
22
General Fund
27,930,577
23
ARRA State Fiscal Stabilization Fund (Section 14002(a))
24
282,127
25
Total Operating Expense
28,212,704
26
NORTH CENTRAL
27
General Fund
11,850,126
28
ARRA State Fiscal Stabilization Fund (Section 14002(a))
29
119,698
30
Total Operating Expense
11,969,824
31
32
FOR INDIANA UNIVERSITY - PURDUE UNIVERSITY, AT FORT WAYNE (IPFW)
33
General Fund
38,065,207
34
ARRA State Fiscal Stabilization Fund (Section 14002(a))
35
384,498
36
Total Operating Expense
38,449,705
37
38
FOR PURDUE UNIVERSITY
39
ANIMAL DISEASE DIAGNOSTIC LABORATORY SYSTEM
40
General Fund
3,557,509
41
ARRA State Fiscal Stabilization Fund (Section 14002(a))
42
35,935
43
Total Operating Expense
3,593,444
44
STATEWIDE TECHNOLOGY
45
General Fund
6,634,999
46
ARRA State Fiscal Stabilization Fund (Section 14002(a))
47
67,021
48
Total Operating Expense
6,702,020
49
COUNTY AGRICULTURAL EXTENSION EDUCATORS
1
General Fund
7,460,686
2
ARRA State Fiscal Stabilization Fund (Section 14002(a))
3
75,361
4
Total Operating Expense
7,536,047
5
AGRICULTURAL RESEARCH AND EXTENSION - CROSSROADS
6
General Fund
7,465,178
7
ARRA State Fiscal Stabilization Fund (Section 14002(a))
8
75,406
9
Total Operating Expense
7,540,584
10
CENTER FOR PARALYSIS RESEARCH
11
General Fund
538,887
12
ARRA State Fiscal Stabilization Fund (Section 14002(a))
13
5,444
14
Total Operating Expense
544,331
15
UNIVERSITY-BASED BUSINESS ASSISTANCE
16
General Fund
1,948,071
17
ARRA State Fiscal Stabilization Fund (Section 14002(a))
18
19,678
19
Total Operating Expense
1,967,749
20
21
FOR INDIANA STATE UNIVERSITY
22
General Fund
76,142,019
23
ARRA State Fiscal Stabilization Fund (Section 14002(a))
24
769,112
25
Total Operating Expense
76,911,131
26
ISU NURSING PROGRAM
27
General Fund
247,500
28
ARRA State Fiscal Stabilization Fund (Section 14002(a))
29
2,500
30
Total Operating Expense
250,000
31
32
FOR UNIVERSITY OF SOUTHERN INDIANA
33
General Fund
39,983,554
34
ARRA State Fiscal Stabilization Fund (Section 14002(a))
35
403,875
36
Total Operating Expense
40,387,429
37
HISTORIC NEW HARMONY
38
General Fund
570,723
39
ARRA State Fiscal Stabilization Fund (Section 14002(a))
40
5,765
41
Total Operating Expense
576,488
42
43
FOR BALL STATE UNIVERSITY
44
General Fund
129,077,431
45
ARRA State Fiscal Stabilization Fund (Section 14002(a))
46
1,303,813
47
Total Operating Expense
130,381,244
48
ENTREPRENEURIAL COLLEGE
49
General Fund
990,000
1
ARRA State Fiscal Stabilization Fund (Section 14002(a))
2
10,000
3
Total Operating Expense
1,000,000
4
ACADEMY FOR SCIENCE, MATHEMATICS, AND HUMANITIES
5
General Fund
4,407,399
6
ARRA State Fiscal Stabilization Fund (Section 14002(a))
7
44,514
8
Total Operating Expense
4,451,913
9
10
FOR VINCENNES UNIVERSITY
11
General Fund
38,577,469
12
ARRA State Fiscal Stabilization Fund (Section 14002(a))
13
389,672
14
Total Operating Expense
38,967,141
15
16
FOR IVY TECH COMMUNITY COLLEGE
17
General Fund
160,790,902
18
ARRA State Fiscal Stabilization Fund (Section 14002(a))
19
1,624,151
20
Total Operating Expense
162,415,053
21
VALPO NURSING PARTNERSHIP
22
General Fund
103,624
23
ARRA State Fiscal Stabilization Fund (Section 14002(a))
24
1,047
25
Total Operating Expense
104,671
26
27
FOR THE INDIANA HIGHER EDUCATION TELECOMMUNICATIONS SYSTEM (IHETS)
28
General Fund
2,972,024
29
ARRA State Fiscal Stabilization Fund (Section 14002(a))
30
2,000,000
31
Total Operating Expense
4,972,024
32
33
The foregoing appropriations for higher education total operating expense that are
34
made from money received under the federal American Recovery and Reinvestment Act
35
of 2009 (ARRA) are intended to be one (1) time appropriations. The foregoing appropriations
36
to Indiana University, Purdue University, Indiana State University, University of
37
Southern Indiana, Ball State University, Vincennes University, and Ivy Tech Community
38
College, include the employers' share of Social Security payments for university
39
employees under the public employees' retirement fund, or institutions covered by
40
the Indiana state teachers' retirement fund. The funds appropriated also include
41
funding for the employers' share of payments to the public employees' retirement
42
fund and to the Indiana state teachers' retirement fund at a rate to be established
43
by the retirement funds for both fiscal years for each institution employees covered
44
by these retirement plans.
45
46
The treasurers of Indiana University, Purdue University, Indiana State University,
47
University of Southern Indiana, Ball State University, Vincennes University, and
48
Ivy Tech Community College shall, at the end of June 2009, prepare and file with
49
the auditor of state a financial statement that shall show in total all revenues
1
received from any source, together with a consolidated statement of disbursements
2
for the same period. The budget director shall establish the requirements for the
3
form and substance of the reports.
4
5
The reports of the treasurer also shall contain in such form and in such detail as
6
the governor and the budget agency may specify, complete information concerning receipts
7
from all sources, together with any contracts, agreements, or arrangements with any
8
federal agency, private foundation, corporation, or other entity from which such
9
receipts accrue.
10
11
All such treasurers' reports are matters of public record and shall include without
12
limitation a record of the purposes of any and all gifts and trusts with the sole
13
exception of the names of those donors who request to remain anonymous.
14
15
Notwithstanding IC 4-10-11, the auditor of state shall draw warrants to the treasurers
16
of Indiana University, Purdue University, Indiana State University, University of
17
Southern Indiana, Ball State University, Vincennes University, and Ivy Tech Community
18
College on the basis of vouchers stating the total amount claimed against each fund
19
or account, or both, but not to exceed the legally made appropriations.
20
21
Notwithstanding IC 4-12-1-14, for universities and colleges supported in whole or
22
in part by state funds, grant applications and lists of applications need only be
23
submitted upon request to the budget agency for review and approval or disapproval
24
and, unless disapproved by the budget agency, federal grant funds may be requested
25
and spent without approval by the budget agency. Each institution shall retain the
26
applications for a reasonable period of time and submit a list of all grant applications,
27
at least monthly, to the commission for higher education for informational purposes.
28
29
For all university special appropriations, an itemized list of intended expenditures,
30
in such form as the governor and the budget agency may specify, shall be submitted
31
to support the allotment request. All budget requests for university special appropriations
32
shall be furnished in a like manner and as a part of the operating budgets of the
33
state universities.
34
35
The trustees of Indiana University, the trustees of Purdue University, the trustees
36
of Indiana State University, the trustees of University of Southern Indiana, the
37
trustees of Ball State University, the trustees of Vincennes University, and the trustees
38
of Ivy Tech Community College are hereby authorized to accept federal grants, subject
39
to IC 4-12-1.
40
41
C. ELEMENTARY AND SECONDARY EDUCATION
42
43
The following appropriations from the state general fund, as set forth in SECTION
44
854 of HEA 1001-2008, are cancelled for elementary and secondary education for the
45
school fiscal year beginning January 1, 2009, and ending December 31, 2009, and for
46
distributions beginning January 1, 2009, and ending June 30, 2009:
47
48
FOR THE DEPARTMENT OF EDUCATION AND STATE BOARD OF EDUCATION
49
DISTRIBUTION FOR TUITION SUPPORT - General Fund
1
Total Operating Expense
5,234,950,000
2
3
To restore the level of support for elementary and secondary education funding for
4
the school fiscal year beginning January 1, 2009, and ending December 31, 2009, and
5
for distributions beginning January 1, 2009, and ending June 30, 2009, the following
6
amounts are appropriated for total operating expenses from the state general fund
7
for the state fiscal year beginning July 1, 2008, and ending June 30, 2009, and from
8
money received for elementary and secondary education under Division A, Title XIV
9
of the federal American Recovery and Reinvestment Act of 2009:
10
11
FOR THE DEPARTMENT OF EDUCATION AND STATE BOARD OF EDUCATION
12
DISTRIBUTION FOR TUITION SUPPORT
13
General Fund
5,111,800,000
14
15
DISTRIBUTION FOR STATE FISCAL STABILIZATION FUND GRANTS (IC 20-43-12)
16
ARRA State Fiscal Stabilization Fund (Section 14002(a))
17
77,500,000
18
19
The above appropriation for fiscal stabilization fund grants are intended to be one-time
20
grants to school corporations in addition to tuition support.
21
22
If money is not available to the state for distribution from the federal American
23
Recovery and Reinvestment Act of 2009 at the time distributions are normally made
24
to school corporations, the distribution to a school corporation shall not be reduced
25
and shall be made from the state general fund as determined by the state budget agency,
26
which shall be reimbursed with money from the federal American Recovery and Reinvestment
27
Act of 2009 once the money becomes available to the state.
28
29
Notwithstanding P.L.146-2008, the appropriations in P.L.146-2008, SECTION 857 for:
30
(1) the state fiscal year beginning July 1, 2008, and ending June 30, 2009;
31
(2) the state fiscal year beginning July 1, 2009, and ending June 30, 2010; and
32
(3) the state fiscal year beginning July 1, 2010, and ending June 30, 2011;
33
to the department of education to make distributions under IC 20-20-36, are canceled.
34
35
To restore the level of funding for levy replacement grants pursuant to IC 20-20-36.2
36
for the school fiscal year beginning January 1, 2009, and ending December 31, 2009,
37
there is appropriated from money received for elementary and secondary education
38
under Division A, Title XIV of the federal American Recovery and Reinvestment Act
39
of 2009, eleven million nine hundred sixty-five thousand dollars ($11,965,000) for the state
40
fiscal year beginning July 1, 2008, and ending June 30, 2009, to the department of
41
education to make distributions to school corporations under IC 20-20-36.2, as added
42
by HEA 1198-2009, and as amended by this act. The budget agency may adjust the three
43
and fifty-four hundredths of one percent (3.54%) threshold in IC 20-20-36.2-5,
44
based upon the budget agency's determination of the actual amount of funds available
45
under the federal American Recovery and Reinvestment Act of 2009 for appropriation
46
under this SECTION for levy replacement grants for the state fiscal year beginning
47
July 1, 2008, and ending June 30, 2009. Levy replacement grants are intended to be
48
one-time distributions for the FY 2009-2011 biennium.
49
1
D. CONSTRUCTION - HIGHER EDUCATION
2
3
The following appropriations from the state general fund for the biennium beginning
4
July 1, 2007, and ending June 30, 2009, as set forth in P.L. 234-2007, SECTION 32,
5
Part F, that were made for the general repair and rehabilitation of higher education
6
properties are cancelled:
7
8
INDIANA UNIVERSITY - TOTAL SYSTEM
9
General Repair and Rehab
25,202,564
10
PURDUE UNIVERSITY - TOTAL SYSTEM
11
General Repair and Rehab
19,777,318
12
INDIANA STATE UNIVERSITY
13
General Repair and Rehab
4,681,980
14
UNIVERSITY OF SOUTHERN INDIANA
15
General Repair and Rehab
1,121,925
16
BALL STATE UNIVERSITY
17
General Repair and Rehab
6,726,301
18
VINCENNES UNIVERSITY
19
General Repair and Rehab
2,272,968
20
IVY TECH COMMUNITY COLLEGE
21
General Repair and Rehab
2,287,041
22
23
For the biennium beginning July 1, 2007, and ending June 30, 2009, the following
24
amounts are appropriated from the state general fund and from money received for
25
higher education under Division A, Title XIV of the federal American Recovery and
26
Reinvestment Act for the general repair and rehabilitation of higher education properties:
27
28
INDIANA UNIVERSITY - TOTAL SYSTEM
29
General Fund
12,601,282
30
ARRA State Fiscal Stabilization Fund (Section 14002(a))
31
12,601,282
32
General Repair and Rehab
25,202,564
33
PURDUE UNIVERSITY - TOTAL SYSTEM
34
General Fund
9,888,659
35
ARRA State Fiscal Stabilization Fund (Section 14002(a))
36
9,888,659
37
General Repair and Rehab
19,777,318
38
INDIANA STATE UNIVERSITY
39
General Fund
2,340,990
40
ARRA State Fiscal Stabilization Fund (Section 14002(a))
41
2,340,990
42
General Repair and Rehab
4,681,980
43
UNIVERSITY OF SOUTHERN INDIANA
44
General Fund
560,963
45
ARRA State Fiscal Stabilization Fund (Section 14002(a))
46
560,962
47
General Repair and Rehab
1,121,925
48
BALL STATE UNIVERSITY
49
General Fund
3,363,151
ARRA State Fiscal Stabilization Fund (Section 14002(a))
3,363,150
General Repair and Rehab
6,726,301
VINCENNES UNIVERSITY
General Fund
1,136,484
ARRA State Fiscal Stabilization Fund (Section 14002(a))
1,136,484
General Repair and Rehab
2,272,968
IVY TECH COMMUNITY COLLEGE
General Fund
1,143,521
ARRA State Fiscal Stabilization Fund (Section 14002(a))
1,143,520
General Repair and Rehab
2,287,041
SECTION 33. [EFFECTIVE JULY 1, 2009]
The budget agency may employ one (1) or more architects or engineers to inspect
construction, rehabilitation, and repair projects covered by the appropriations in
this act or previous acts.
SECTION 34. [EFFECTIVE JULY 1, 2009]
If any part of a construction or rehabilitation and repair appropriation made by
this act or any previous acts has not been allotted or encumbered before the expiration
of two (2) biennia, the budget agency may determine that the balance of the appropriation
is not available for allotment. The appropriation may be terminated, and the balance
may revert to the fund from which the original appropriation was made.
SECTION 35. [EFFECTIVE UPON PASSAGE]
The budget agency may retain balances in the mental health fund at the end of any
fiscal year to ensure there are sufficient funds to meet the service needs of the
developmentally disabled and the mentally ill in any year.
SECTION 36. [EFFECTIVE JULY 1, 2009]
If the budget director determines at any time during the biennium that the executive
branch of state government cannot meet its statutory obligations due to insufficient
funds in the general fund, then notwithstanding IC 4-10-18, the budget agency, with
the approval of the governor and after review by the budget committee, may transfer
from the counter-cyclical revenue and economic stabilization fund to the general
fund any additional amount necessary to maintain a positive balance in the general
fund.
SECTION 37. [EFFECTIVE UPON PASSAGE] (a) As used in this SECTION, "ARRA" refers
to the federal American Recovery and Reinvestment Act of 2009.
(b) As used in this SECTION, "Title I" refers to Title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.).
(c) With respect to ARRA funds that are specifically designated for subgrants to local
education agencies based on Title I or incentive grants, the following apply:
(1) There is appropriated from those ARRA funds two hundred twenty-one million six
hundred sixty thousand dollars ($221,660,000) for local education agencies. This
appropriation of ARRA funds does not expire, and the ARRA funds may be allotted
beginning with receipt of the funds. The appropriation may be augmented.
(2) The appropriation is in addition to any other distributions that school corporations may
receive or be eligible for under Title I.
(3) The governor and the department of education may take any actions necessary to
qualify the state for the ARRA funds related to Title I. If permitted by the ARRA, school
corporations shall submit plans to the department of education for approval before
spending the ARRA funds related to Title I.
(4) To the extent it does not conflict with federal law or rules or guidelines that would make
Indiana ineligible to receive ARRA funds related to Title I, the ARRA funds must be used
to support Title 1 eligible students for the following:
(A) Repair and rehabilitation of facilities.
(B) Upgrading technology or equipment.
(C) Training or professional development.
(D) Summer school or other remediation programs and purposes for which the expenses
are one (1) time in nature and do not increase the base operating expenses of schools to
a level that would be difficult to maintain.
SOURCE: ; (09)PD4450.2. -->
SECTION 38. [EFFECTIVE UPON PASSAGE] (a) As used in this SECTION, "ARRA" refers
to the federal American Recovery and Reinvestment Act of 2009.
(b) With respect to ARRA funds under Division A, Title VIII of the ARRA for special
education, the following apply:
(1) There is appropriated from those ARRA funds two hundred seventy-one million three
hundred thirty-three thousand dollars ($271,333,000) for local education agencies. This
appropriation of the ARRA funds for special education does not expire, and the ARRA
funds may be allotted beginning with receipt of the funds. The appropriation may be
augmented.
(2) The appropriation is in addition to any other distributions that schools corporations
may receive or be eligible for special education.
(3) The governor and the department of education may take any actions necessary to
qualify the state for the ARRA funds under Division A, Title VIII of the ARRA. If
permitted by the ARRA, school corporations shall submit plans to the department of
education for approval before spending the ARRA funds under Division A, Title VIII of the
ARRA.
(4) To the extent it does not conflict with federal law or rules or guidelines that would make
Indiana ineligible to receive ARRA funds under Division A, Title VIII of the ARRA, the
ARRA funds must be used to support special education students for the following:
(A) Repair and rehabilitation of facilities.
(B) Upgrading technology or equipment, including adaptive technology.
(C) Training or professional development.
(D) Programs and purposes for which the expenses are one (1) time in nature and do not
increase the base operating expenses of school corporations to a level that would be
difficult to maintain.
SOURCE: ; (09)PD4450.3. -->
SECTION 39. [EFFECTIVE FEBRUARY 1, 2009, (RETROACTIVE)] (a) As used in this
SECTION, "ARRA" refers to the federal American Recovery and Reinvestment Act of 2009.
(b) The governor may make application to the federal government for ARRA funds. The
governor may take those actions necessary to qualify the state for the ARRA funds.
(c) The governor of the state of Indiana is solely authorized to accept on behalf of the state
any and all ARRA funds available to the state of Indiana. ARRA funds received as revenue by
a state agency or department are not available to the agency or department for expenditure until
allotment has been made by the budget agency under IC 4-12-1-12(d).
(d) The governor shall submit a report covering applications filed and any action necessary
to qualify the state for the ARRA funds to the executive director of the legislative services agency
in an electronic format under IC 5-14-6. To satisfy this requirement, the governor may submit
copies of reports required to be filed with the appropriate federal agency concerning use of the
funds.
(e) The provisions of this SECTION and all other SECTIONS concerning the acceptance,
disbursement, review, and approval of ARRA funds made by the federal government to the state
or its agencies and political subdivisions apply, notwithstanding any other law.
SOURCE: ; (09)PD4450.4. -->
SECTION 40. [EFFECTIVE UPON PASSAGE] (a) As used in this SECTION, "ARRA" means
the federal American Recovery and Reinvestment Act of 2009.
(b) In appropriating the money to be received by Indiana from the state fiscal stabilization
fund administered by the federal Department of Education under Division A, Title XIV of the
ARRA, the general assembly has made every effort to comply with the requirements and intent
expressed in Division A, Title XIV of the ARRA so that the governor may make the assurances
required by Section 14005(d) of the ARRA.
(c) If the federal Department of Education or any other federal agency:
(1) determines that Indiana may not meet; or
(2) adopts additional administrative regulations or provides guidelines regarding;
the requirements of Section 14002(a)(2) of the ARRA, which results in Indiana not being eligible
for some part of the federal funds under Division A, Title XIV of the ARRA, the governor shall
promptly request a waiver from the Secretary of the federal Department of Education under
Section 14012 of the ARRA to ensure full availability of funding.
(d) This SECTION expires January 1, 2012.
SOURCE: ; (09)PD4450.5. -->
SECTION 41. [EFFECTIVE JULY 1, 2009]
(a) The trustees of the following institutions may
issue and sell bonds under IC 21-34, subject to the approvals required by IC 21-33-3, for the
following projects if the sum of principal costs of any bond issued, excluding amounts necessary
to provide money for debt service reserves, credit enhancement, or other costs incidental to the
issuance of the bonds, does not exceed the total authority listed below for that institution:
Purdue University
Life Sciences Laboratory Renovations10,000,000
Medical School Renovations12,000,000
Indiana University
Life Sciences Laboratory Renovations10,000,000
Northwest Campus
Tamarack Hall Replacement33,000,000
Indiana University Purdue University at Indianapolis
Life Sciences Laboratory Renovations10,000,000
Ivy Tech Community College
Anderson Campus20,000,000
Warsaw Campus10,100,000
The authorization above for Tamarack Hall Replacement shall be reduced by any funds that
Indiana University receives for the replacement as insurance proceeds or from any other source.
Of the above authorization for medical school renovations, a maximum of six million dollars
($6,000,000) is eligible for fee replacement. The above project is eligible for fee replacement after
July 1, 2011.
(b) The trustees of the following institutions may issue and sell bonds under IC 21-34, subject
to the approvals required under IC 21-33-3, to provide funds for the acquisition, renovation,
expansion, and improvements for the following projects (including all related and subordinate
components of the following projects) and may undertake the project if the total costs financed
by the bond issue, excluding any amount necessary to provide money for debt service reserves,
credit enhancement, or other costs incidental to the issuance of the bonds, do not exceed the total
authority listed below for that institution:
Purdue University
Lafayette Campus
Student Fitness and Wellness Center
98,000,000
Indiana University Purdue University at Fort Wayne
Parking Garage
16,800,000
The foregoing projects are not eligible for fee replacement appropriations in any year.
SECTION 42. [EFFECTIVE UPON PASSAGE]
The trustees of Vincennes University may issue
and sell bonds under IC 21-34, subject to the approvals required by IC 21-33-3, for the purpose
of constructing, furnishing, and equipping a center for advanced manufacturing and applied
technology on the Jasper campus of Vincennes University, if the sum of principal costs of any
bonds issued, excluding amounts necessary to provide money for debt service reserves, credit
enhancement, or other costs incidental to the issuance of the bonds, does not exceed eight million
dollars ($8,000,000). This authorization is a restatement of and is not in addition to the
authorization under P.L.234-2007, SECTION 175.
SECTION 43. [EFFECTIVE UPON PASSAGE]
The trustees of Vincennes University are
authorized to acquire, construct, renovate, improve, and equip a multicultural center to be
funded from sources other than student fees or state funds or bonds payable from student fees
or state funds if the total cost of the project does not exceed five million dollars ($5,000,000).
This authorization is a restatement of and is not in addition to the authorization under
P.L.234-2007, SECTION 177.
SECTION 44. [EFFECTIVE UPON PASSAGE]
(a) The trustees of the following institutions
may issue and sell bonds under IC 21-34, subject to the approvals required by IC 21-33-3, for
the following projects if the sum of principal costs of any bond issued, excluding amounts
necessary to provide money for debt service reserves, credit enhancement, or other costs
incidental to the issuance of the bonds, does not exceed the total authority listed below for that
institution:
Indiana University South Bend - Arts Building
Renovation$27,000,000
Indiana University Bloomington - Cyber
Infrastructure Building18,300,000
Indiana University, Purdue University at
Indianapolis - Neurosciences Research Building20,000,000
Indiana University Southeast Medical
Education Center A & E1,000,000
Indiana State University - Life Sciences/Chemistry
Laboratory Renovations 14,800,000
Ball State University - Central Campus
Academic Project, Phase I & Utilities33,000,000
Ivy Tech-Fort Wayne Technology Center
and Demolition Costs26,700,000
Ivy Tech - Indianapolis Community College
for the Fall Creek Expansion Project20,000,000
Ivy Tech - Lamkin Center for Instructional
Development and Leadership1,000,000
Ivy Tech - Logansport16,000,000
Ivy Tech - Sellersburg20,000,000
Ivy Tech - Warsaw A & E1,000,000
Ivy Tech - Muncie\Anderson A & E4,800,000
Ivy Tech - Elkhart Phase I 16,000,000
Ivy Tech - Greencastle8,000,000
Purdue University Calumet - Gyt Building A & E2,400,000
Purdue University North Central -
Student Services & Recreation Center A & E1,000,000
University of Southern Indiana College of
Business - General Classroom Building29,900,000
Vincennes University - Health and Science
Lab Rehabilitation2,000,000
Indiana University, Purdue University at Fort Wayne
Student Services and Library Complex24,000,000
(b) The trustees of the following institution may issue and sell bonds under IC 21-34, subject
to the approvals required by IC 21-33-3, for the following project if the sum of principal costs
of any bond issued, excluding amounts necessary to provide money for debt service reserves,
credit enhancement, or other costs incidental to the issuance of the bonds, does not exceed the
total authority listed below for that institution:
Purdue University West Lafayette - Mechanical
Engineering Addition$33,000,000
The foregoing project is not eligible for fee replacement appropriations.
(c) The trustees of the following institution may issue and sell bonds under IC 21-34, subject
to the approvals required by IC 21-33-3, for the following project if the sum of principal costs
of any bond issued, excluding amounts necessary to provide money for debt service reserves,
credit enhancement, or other costs incidental to the issuance of the bonds, does not exceed the
total authority listed below for that institution:
Purdue University West Lafayette -
Boiler No. 6$53,000,000
The institution shall invite bids as provided under IC 21-37-3-3. The bids shall be open to
inspection by the public.
(d) The authorizations under this SECTION are a restatement of and are not in addition to
the authorizations under P.L.234-2007, SECTION 179. However, notwithstanding P.L.234-2007,
SECTION 179, the authorization for Ivy Tech - Indianapolis Community College for the Fall
Creek Expansion Project is twenty million dollars ($20,000,000) and not sixty-nine million three
hundred seventy thousand dollars ($69,370,000).
SECTION 45. [EFFECTIVE UPON PASSAGE]
(a) The trustees of the following institution may
issue and sell bonds under IC 21-34, subject to the approvals required by IC 21-33-3, for the
following project if the sum of principal costs of any bond issued, excluding amounts necessary
to provide money for debt service reserves, credit enhancement, or other costs incidental to the
issuance of the bonds, does not exceed the total authority listed below for that institution:
Purdue University West Lafayette -
Animal Disease Diagnostic Laboratory (BSL-3)$30,000,000
(b) The Indiana department of administration, acting on behalf of the Indiana state board of
animal health, in recognition of the state board of animal health's statutory functions involving
the animal disease diagnostic laboratory, is hereby authorized and directed to enter into a lease
agreement, as lessee, with the trustees of Purdue University as lessor, covering animal disease
diagnostic laboratory (BSL-3).
(c) The authorizations under this SECTION are a restatement of and are not in addition to
the authorizations under P.L.234-2007, SECTION 180.
SECTION 46. [EFFECTIVE UPON PASSAGE] (a) Notwithstanding SECTION 244 of HEA
1001-2005, the trustees of Purdue University may issue and sell bonds under IC 21-34, subject
to the review by the budget committee required by IC 21-33-3, for the following project if the
sum of principal costs of any bond issued, excluding amounts necessary to provide money for
debt service reserves, credit enhancement, or other costs incidental to the issuance of the bonds,
does not exceed the total authority listed below:
Purdue University North Central Campus
Parking Garage No. 1
$8,000,000
(b) The authorization under this SECTION is a restatement of and is not in addition to the
authorization under P.L.234-2007, SECTION 186.
SOURCE: ; (09)PD4450.7. -->
SECTION 47. [EFFECTIVE JULY 1, 2009] There is appropriated to Ivy Tech Community
College from the state general fund for the biennium beginning July 1, 2009, and ending June
30, 2011, three hundred fifty thousand dollars ($350,000) for A&E Phase 2 for the Bloomington
campus. The appropriation under this SECTION is a restatement of and is not in addition to the
appropriation under P.L.234-2007, SECTION 32.
SOURCE: ; (09)PD4450.8. -->
SECTION 48. [EFFECTIVE UPON PASSAGE] (a) There is appropriated to the budget agency
from the state general fund:
(1) three million seven hundred fifty thousand dollars ($3,750,000) for the state fiscal year
beginning July 1, 2008, and ending June 30, 2009;
(2) five million six hundred twenty-five thousand dollars ($5,625,000) for the state fiscal
year beginning July 1, 2009, and ending June 30, 2010; and
(3) five million six hundred twenty-five thousand dollars ($5,625,000) for the state fiscal
year beginning July 1, 2010, and ending June 30, 2011;
to assist Indiana University and Purdue University in attracting major federal research grants.
(b) The appropriations under this SECTION are intended to provide the nonfederal share
of funding for research grants. The budget agency shall make a recommendation to the budget
committee for each request received for a matching grant. Funding may be released for each
grant request that receives a favorable review by the budget committee. Purdue University and
Indiana University shall report to the budget committee on the status of the program one (1)
year after the funds are released. The foregoing appropriations that are made from money
received under the federal American Recovery and Reinvestment Act of 2009 (ARRA) are
intended to be one (1) time appropriations.
SOURCE: ; (09)PD4450.10. -->
SECTION 49. [EFFECTIVE UPON PASSAGE]
(a) Thirty million dollars ($30,000,000) is
appropriated to the budget agency from the Indiana tobacco master settlement agreement fund
established by IC 4-12-1-14.3, and twenty million dollars ($20,000,000) is appropriated from the
state general fund for the biennium beginning July 1, 2009, and ending June 30, 2011, to provide
the nonfederal match for grants available under federal law. In order to qualify for matching
funds:
(1) The nonfederal share provided under this SECTION may not exceed thirty percent
(30%) of the cost of the project or program.
(2) The project or program must be one (1) time in nature.
(b) The appropriations from the Indiana tobacco master settlement agreement fund may be
used only to match programs or projects relating to health care or life sciences, including
automation and reporting of medical records.
(c) The budget agency may solicit applications for matching grants from universities, state
and local agencies, and other entities eligible for federal funding and shall accept applications
for grants from any source.
(d) The budget agency shall do the following:
(1) Submit a first summary of all applications received to the budget committee along with
recommendations for funding before June 1, 2009.
(2) Submit a second summary of all applications received to the budget committee along
with recommendations for funding before July 1, 2009.
(3) Submit subsequent summaries and recommendations on a quarterly basis thereafter.
(e) The budget agency may award grants under this SECTION only after review by the
budget committee. The budget agency shall promptly post a list of all approved grants on its
Internet web site.
(f) This SECTION expires June 30, 2011.
SECTION 50. [EFFECTIVE UPON PASSAGE] (a) There is appropriated from funds received
under the federal American Recovery and Reinvestment Act of 2009 to the state energy program
within the office of the lieutenant governor sixty-eight million six hundred twenty-one thousand
dollars ($68,621,000) for the following energy conservation purposes:
(1) Increasing energy efficiency to reduce energy costs and consumption for consumers,
businesses, and government.
(2) Reducing reliance on imported energy.
(3) Improving the reliability of electricity and fuel supply and the delivery of energy
services.
(4) Reducing the impacts of energy production and use on the environment
(b) In using the money appropriated under subsection (a), the office of the lieutenant
governor shall to the extent possible support current energy efficiency and renewable energy
projects and create sustainable energy programs. The office of the lieutenant governor may
create long-term funding mechanisms, such as revolving loan programs and energy savings
performance contracting designed to provide lasting benefits. As soon as practical after the
effective date of this SECTION, the office of the lieutenant governor shall report to the state
budget committee on the use of the money appropriated under subsection (a). The appropriation
under subsection (a) does not expire and may be augmented.
SECTION 51. [EFFECTIVE UPON PASSAGE] (a) There is appropriated from funds received
under the federal American Recovery and Reinvestment Act of 2009 to the Indiana housing and
community development authority one hundred thirty-one million eight hundred forty-seven
thousand dollars ($131,847,000) to fund weatherization projects. The Indiana housing and
community development authority may contract with providers to perform weatherization
services for qualified applicants, but the office must use a portion of the money appropriated
to:
(1) provide grants to nonprofit organizations to deliver weatherization services; and
(2) increase funding available for training and technical assistance.
(b) The Indiana housing and community development authority may increase the average
expenditure limit per home to six thousand five hundred dollars ($6,500) from February 17,
2009, until December 31, 2010.
(c) The Indiana housing and community development authority shall develop a process for
distribution and use of the money appropriated under this subsection (a). As soon as practical
after the effective date of this SECTION, the Indiana housing and community development
authority shall report to the state budget committee on the use of the money appropriated under
subsection (a). The appropriation under subsection (a) does not expire and may be augmented.
SECTION 52. [EFFECTIVE UPON PASSAGE] (a) There is appropriated from funds received
under the federal American Recovery and Reinvestment Act of 2009 to the Indiana finance
authority ninety-four million four hundred forty-seven thousand four hundred eighty-five
dollars ($94,447,485) to provide loans for wastewater infrastructure projects and twenty-seven
million two hundred twelve thousand dollars ($27,212,000) to provide loans for drinking water
infrastructure projects for cities, towns, counties, regional sewer or water districts, conservancy
districts, and any other applicants determined by the Indiana finance authority to be eligible for
assistance. The Indiana finance authority may grant fixed-rate loans with below market interest
rates and provide for forgiveness of a portion of the loan for applicants that have exceedingly
high monthly user rates as determined by the Indiana finance authority.
(b) The Indiana finance authority shall develop a process for distribution and use of the
money appropriated under subsection (a), including deadlines for applying for assistance. As
soon as practical after the effective date of this SECTION, the Indiana finance authority shall
report to the state budget committee on the use of the money appropriated under subsection (a).
The appropriation under subsection (a) does not expire and may be augmented.
SECTION 53. [EFFECTIVE UPON PASSAGE] It is the intent of the General Assembly that
grants and distributions of funds under the federal American Recovery and Reinvestment Act
of 2009 shall be treated as one time revenues and shall not be used in ways that build the general
spending base to levels that would be unsustainable in future years. The funds are intended to
help prevent layoff of teachers and other employees. However, school corporations and
universities should endeavor to not build spending increases into contracts and agreements that
extend beyond the 2009-2011 biennium.
SOURCE: IC 4-4-11.5-1; (09)PD4450.11. -->
SECTION 54. IC 4-4-11.5-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE OCTOBER
1, 2008 (RETROACTIVE)]: Sec. 1. As used in this chapter, "bond" means any:
(1) bond or mortgage credit certificate for which it is necessary to procure volume under the
volume cap under Section 146 of the Internal Revenue Code; or
(2) bond or other obligation for which a special volume cap is authorized under a federal
act.
SOURCE: IC 4-4-11.5-13.5; (09)PD4450.12. -->
SECTION 55. IC 4-4-11.5-13.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO
READ AS FOLLOWS [EFFECTIVE OCTOBER 1, 2008 (RETROACTIVE)]: Sec. 13.5. As used in
this chapter, "special volume cap" means the maximum dollar amount of bonds that may be
allocated to the state under the authority of a federal act. The special volume cap is in addition
to the volume cap, as defined in section 14 of this chapter.
SOURCE: IC 4-4-11.5-19.5; (09)PD4450.13. -->
SECTION 56. IC 4-4-11.5-19.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO
READ AS FOLLOWS [EFFECTIVE OCTOBER 1, 2008 (RETROACTIVE)]: Sec. 19.5. The IFA
shall determine the allocation of any special volume cap in accordance with the federal act
authorizing the special volume cap.
SOURCE: IC 4-31-3-9; (09)PD4450.15. -->
SECTION 57. IC 4-13-1-4, AS AMENDED BY P.L.1-2006, SECTION 63, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 4. The department shall, subject to this
chapter, do the following:
(1) Execute and administer all appropriations as provided by law, and execute and administer all
provisions of law that impose duties and functions upon the executive department of government,
including executive investigation of state agencies supported by appropriations and the assembly
of all required data and information for the use of the executive department and the legislative
department.
(2) Supervise and regulate the making of contracts by state agencies.
(3) Perform the property management functions required by IC 4-20.5-6.
(4) Assign office space and storage space for state agencies in the manner provided by
IC 4-20.5-5.
(5) Maintain and operate the following for state agencies:
(A) Central duplicating.
(B) Printing.
(C) Machine tabulating.
(D) Mailing services.
(E) Centrally available supplemental personnel and other essential supporting services.
The department may require state agencies to use these general services in the interests of
economy and efficiency. The general services rotary fund is established through which these
services may be rendered to state agencies. The budget agency shall determine the amount for
the general services rotary fund.
(6) Control and supervise the acquisition, operation, maintenance, and replacement of state
owned vehicles by all state agencies. The department may establish and operate, in the interest
of economy and efficiency, a motor vehicle pool, and may finance the pool by a rotary fund. The
budget agency shall determine the amount to be deposited in the rotary fund.
(7) Promulgate and enforce rules relative to the travel of officers and employees of all state
agencies when engaged in the performance of state business. These rules may allow
reimbursement for travel expenses by any of the following methods:
(A) Per diem.
(B) For expenses necessarily and actually incurred.
(C) Any combination of the methods in clauses (A) and (B).
The rules must require the approval of the travel by the commissioner and the head of the officer's
or employee's department prior to payment.
(8) Administer IC 4-13.6.
(9) Prescribe the amount and form of certified checks, deposits, or bonds to be submitted in
connection with bids and contracts when not otherwise provided for by law.
(10) Rent out, with the approval of the governor, any state property, real or personal:
(A) not needed for public use; or
(B) for the purpose of providing services to the state or employees of the state;
the rental of which is not otherwise provided for or prohibited by law. Property may not be rented
out under this subdivision for a term exceeding ten (10) years at a time. However, if property is
rented out for a term of more than four (4) years, the commissioner must make a written
determination stating the reasons that it is in the best interests of the state to rent property for the
longer term. This subdivision does not include the power to grant or issue permits or leases to
explore for or take coal, sand, gravel, stone, gas, oil, or other minerals or substances from or
under the bed of any of the navigable waters of the state or other lands owned by the state.
(11) Have charge of all central storerooms, supply rooms, and warehouses established and
operated by the state and serving more than one (1) agency.
(12) Enter into contracts and issue orders for printing as provided by IC 4-13-4.1.
(13) Sell or dispose of surplus property under IC 5-22-22, or if advantageous, to exchange or
trade in the surplus property toward the purchase of other supplies, materials, or equipment, and
to make proper adjustments in the accounts and inventory pertaining to the state agencies
concerned.
(14) With respect to power, heating, and lighting plants owned, operated, or maintained by any
state agency:
(A) inspect;
(B) regulate their operation; and
(C) recommend improvements to those plants to promote economical and efficient operation.
(15) Administer, determine salaries, and determine other personnel matters of the department of
correction ombudsman bureau established by IC 4-13-1.2-3.
(16) Adopt rules to establish and implement a "Code Adam" safety protocol as described in
IC 4-20.5-6-9.2.
(17) Adopt policies and standards for making state owned property reasonably available to be
used free of charge as locations for making motion pictures.
(18) Administer, determine salaries for, and determine other personnel matters of the
department of child services ombudsman established by IC 4-13-19-3.
SOURCE: IC 4-13-19; (09)MO100161.58. -->
SECTION 58. IC 4-13-19 IS ADDED TO THE INDIANA CODE AS A
NEW CHAPTER TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]:
Chapter 19. Department of Child Services Ombudsman
Sec. 1. As used in this chapter, "child" means a person who:
(1) is less than eighteen (18) years of age;
(2) is at least eighteen (18) years of age at the time the complaint is made but was less than
eighteen (18) years of age at the time of the alleged act or omission that is the subject of the
complaint; or
(3) is at least eighteen (18) years of age but has been under the continuing jurisdiction of
a juvenile court based upon an informal adjustment, child in need of services action under
IC 31-34, or termination of parental rights action under IC 31-35 since becoming eighteen
(18) years of age.
Sec. 2. As used in this chapter, "ombudsman" means:
(1) the person appointed by the governor to serve as ombudsman; or
(2) an employee or other individual approved by the office of the department of child
services ombudsman to act in the capacity of ombudsman;
to investigate and resolve complaints that allege the department of child services failed to protect
the health and safety of any child or failed to follow specific laws, rules, or written policies.
Sec. 3. The office of the department of child services ombudsman is established as a separate
bureau within the department. The ombudsman appointed by the governor shall report directly
to the commissioner. The ombudsman appointed by the governor must be an attorney licensed
to practice law in Indiana or a social worker with at least a master's degree. The ombudsman
appointed by the governor must have significant experience or education in child development
and child advocacy, including at least two (2) years experience working with child abuse and
neglect.
Sec. 4. (a) The governor shall appoint the ombudsman. The ombudsman serves at the pleasure
of the governor. An individual may not be appointed as ombudsman if the individual has been
employed by the department of child services at any time during the preceding twelve (12)
months. The governor shall appoint a successor ombudsman not later than thirty (30) days after
a vacancy occurs in the position of the ombudsman.
(b) The office of the department of child services ombudsman may employ technical experts
and other employees to carry out the purposes of this chapter. However, the office of the
department of child services ombudsman may not hire an individual to serve as an ombudsman
if the individual has been employed by the department of child services during the preceding
twelve (12) months.
(c) The ombudsman and any other person employed or authorized by the ombudsman:
(1) are subject to the same criminal history and background checks, to be performed by the
department of child services, that are required for department of child services family case
managers; and
(2) are subject to the same disqualification for employment criteria as department of child
services family case managers.
Sec. 5. (a) The office of the department of child services ombudsman may receive, investigate,
and attempt to resolve a complaint alleging that the department of child services, by an action
or omission occurring on or after January 11, 2005, failed to follow a specific law, rule, or
department written policy and thereby failed to protect the health or safety of any child.
(b) The office of the department of child services ombudsman may also do the following:
(1) Take action, including the establishing of a program of public education, to secure and
ensure the legal rights of children.
(2) Periodically review relevant policies and procedures with a view toward the safety and
welfare of children.
(3) When appropriate, refer a person making a report of child abuse or neglect to the
department of child services and, if appropriate, to an appropriate law enforcement agency.
(4) Recommend changes in procedures for investigating reports of abuse and neglect and
overseeing the welfare of children who are under the jurisdiction of a juvenile court.
(5) Make the public aware of the services of the ombudsman, the purpose of the office, and
information concerning contacting the office.
(6) Examine policies and procedures and evaluate the effectiveness of the child protection
system, specifically the respective roles of the department of child services, the court, the
medical community, service providers, guardians ad litem, court appointed special
advocates, and law enforcement agencies.
(7) Review and make recommendations concerning investigative procedures and emergency
responses contained in the report prepared under section 10 of this chapter.
(c) Upon request of the office of the department of child services ombudsman, the local child
protection team shall assist the office of the department of child services ombudsman by:
(1) investigating and making recommendations on a matter; or
(2) redacting or revising any report to be prepared for the complainant so that
confidentiality laws are maintained.
If a local child protection team was involved in an initial investigation, a different local child
protection team may assist in the investigation under this subsection.
(d) At the end of an investigation of a complaint, the office of the department of child services
ombudsman shall provide an appropriate report as follows:
(1) If the complainant is a parent, guardian, custodian, court appointed special advocate,
guardian ad litem, or court, the ombudsman may provide the same report to the
complainant and the department of child services.
(2) If the complainant is not a person described in subdivision (1), the ombudsman shall
provide a redacted version of its findings to the complainant stating in general terms that
the actions of the department of child services were or were not appropriate.
(e) The department of child services ombudsman shall provide a copy of the report and
recommendations to the department of child services. The office of the department of child
services ombudsman may not disclose to:
(1) a complainant;
(2) another person who is not a parent, guardian, or custodian of the child who was the
subject of the department of child services' action or omission; or
(3) the court, court appointed special advocate, or guardian ad litem of the child in a case
that was filed as a child in need of services or termination of parental rights action;
any information that the department of child services could not, by law, reveal to the
complainant, parent, guardian, custodian, person, court, court appointed special advocate, or
guardian ad litem.
(f) If, after reviewing a complaint or conducting an investigation and considering the response
of an agency, facility, or program and any other pertinent material, the office of the department
of child services ombudsman determines that the complaint has merit or the investigation
reveals a problem, the ombudsman may recommend that the agency, facility, or program:
(1) consider the matter further;
(2) modify or cancel its actions;
(3) alter a rule, order, or internal policy; or
(4) explain more fully the action in question.
(g) At the office of the department of child services ombudsman's request, the agency, facility,
or program shall, within a reasonable time, inform the office of the department of child services
ombudsman about the action taken on the recommendation or the reasons for not complying
with it.
(h) The office of the department of child services ombudsman may not investigate the
following:
(1) A complaint from an employee of the department of child services that relates to the
employee's employment relationship with the department of child services.
(2) A complaint concerning a matter that is currently the subject of a pending
administrative review procedure before the exhaustion of administrative remedies provided
by law, rule, or written policy. Investigation of any such complaint received shall be stayed
until the administrative remedy has been exhausted. However, if the administrative process
is not completed within six (6) months after initiation of the administrative process, the
office of child services ombudsman may proceed with its investigation.
(i) If the office of the department of child services ombudsman does not investigate a
complaint, the office of the department of child services ombudsman shall notify the
complainant of the decision not to investigate and the reasons for the decision.
Sec. 6. (a) The office of the department of child services ombudsman shall be given
appropriate access to department of child services records of a child who is the subject of a
complaint that is filed under this chapter.
(b) A state or local government agency or entity that has records that are relevant to a
complaint or an investigation conducted by an ombudsman shall provide the ombudsman with
access to the records.
(c) A person is immune from:
(1) civil or criminal liability; and
(2) actions taken under:
(A) a professional disciplinary procedure; or
(B) procedures related to the termination or imposition of penalties under a contract
dealing with an employee or contractor of the department of child services;
for the release or disclosure of records to the ombudsman under this chapter, unless the release
or disclosure constitutes gross negligence or willful or wanton misconduct.
(d) Information or records of a state or local government agency provided to the office of the
department of child services ombudsman may not be disclosed to the complainant or others if
confidential under laws, rules, or regulations governing the state or local government agency
that provided the information or records.
Sec. 7. (a) The office of the department of child services ombudsman shall do the following:
(1) Establish procedures to receive and investigate complaints.
(2) Establish physical, technological, and administrative access controls for all information
maintained by the office of the department of child services ombudsman.
(3) Except as necessary to investigate and resolve a complaint, ensure that the identity of
a complainant will not be disclosed without:
(A) the complainant's written consent; or
(B) a court order.
(b) Records created and received by the office of the department of child services ombudsman
concerning a specific child's case are confidential, and a communication by the ombudsman
concerning a specific child's case is a privileged communication.
Sec. 8. The office of the department of child services ombudsman may adopt rules under
IC 4-22-2 necessary to carry out this chapter.
Sec. 9. An ombudsman is not personally liable for the good faith performance of the
ombudsman's official duties.
Sec. 10. (a) The office of the department of child services ombudsman shall prepare a report
each year on the operations of the office.
(b) The office of the department of child services ombudsman shall include the following
information in the annual report required under subsection (a):
(1) The office of the department of child services ombudsman's activities.
(2) The general status of children in Indiana, including:
(A) the health and education of children; and
(B) the administration or implementation of programs for children; and
(3) Any other issues, concerns, or information concerning children.
(c) A copy of the report shall be provided to the following:
(1) The governor.
(2) The legislative council.
(3) The Indiana department of administration.
(4) The department of child services.
A report provided under this subsection to the legislative council must be in an electronic format
under IC 5-14-6.
(d) A copy of the report shall be posted on the department of child services' Internet web site
and on any Internet web site maintained by the office of the department of child services
ombudsman.
Sec. 11. (a) A person who:
(1) except as provided in subsection (b), intentionally interferes with or prevents the
completion of the work of an ombudsman;
(2) knowingly offers compensation to an ombudsman in an effort to affect the outcome of
an investigation or a potential investigation;
(3) knowingly or intentionally retaliates against another person who provides information
to an ombudsman; or
(4) knowingly or intentionally threatens an ombudsman, a person who has filed a
complaint, or a person who provides information to an ombudsman, because of an
investigation or potential investigation;
commits interference with the office of the department of child services ombudsman, a Class A
misdemeanor.
(b) Expungement of records held by the department of child services that occurs by statutory
mandate, judicial order or decree, administrative review or process, automatic operation of the
Indiana Child Welfare Information System (ICWIS) computer system, or in the normal course
of business shall not be considered intentional interference or prevention for the purposes of
subsection (a).
(c) A complainant who knowingly or intentionally discloses to the public information about
a case before the conclusion of an investigation and the release of the finding to the department
of child services commits unlawful disclosure of information concerning a department of child
services investigation, a Class A misdemeanor.
Sec. 12. The Indiana department of administration shall provide and maintain office space
for the office of the department of child services ombudsman.
SECTION 59. IC 4-31-3-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON
PASSAGE]: Sec. 9. Subject to section 14 of this chapter, the commission may:
(1) adopt rules under IC 4-22-2, including emergency rules under IC 4-22-2-37.1, to implement
this article, including rules that prescribe:
(A) the forms of wagering that are permitted;
(B) the number of races;
(C) the procedures for wagering;
(D) the wagering information to be provided to the public;
(E) fees for the issuance and renewal of:
(i) permits under IC 4-31-5;
(ii) satellite facility licenses under IC 4-31-5.5; and
(iii) licenses for racetrack personnel and racing participants under IC 4-31-6;
(F) investigative fees;
(G) fines and penalties; and
(H) any other regulation that the commission determines is in the public interest in the conduct
of recognized meetings and wagering on horse racing in Indiana;
(2) appoint employees in the manner provided by IC 4-15-2 and fix their compensation, subject
to the approval of the budget agency under IC 4-12-1-13;
(3) enter into contracts necessary to implement this article; and
(4) receive and consider recommendations from an advisory development committee established
under IC 4-31-11.
SOURCE: IC 4-31-3-14; (09)PD4450.16. -->
SECTION 60. IC 4-31-3-14 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO
READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 14. The commission may not do the
following:
(1) Impose, charge, or collect by rule a fee that is not authorized by this article on any party
to a proposed transfer of an ownership interest in a permit issued under IC 4-31-5.
(2) Make the commission's approval of a proposed transfer of an ownership interest in a
permit issued under IC 4-31-5 contingent upon the payment of any amount that is not
authorized by this article.
SOURCE: IC 4-33-4-21; (09)PD4450.17. -->
SECTION 61. IC 4-33-4-21 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON
PASSAGE]: Sec. 21. (a) A licensed owner or any other person must apply for and receive the
commission's approval before:
(1) an owner's license is:
(A) transferred;
(B) sold; or
(C) purchased; or
(2) a voting trust agreement or other similar agreement is established with respect to the owner's
license.
(b) Subject to section 24 of this chapter, the commission shall adopt rules governing the
procedure a licensed owner or other person must follow to take an action under subsection (a). The
rules must specify that a person who obtains an ownership interest in a license must meet the criteria
of this article and any rules adopted by the commission. A licensed owner may transfer an owner's
license only in accordance with this article and rules adopted by the commission.
(c) A licensed owner or any other person may not:
(1) lease;
(2) hypothecate; or
(3) borrow or loan money against;
an owner's license.
(d) A transfer fee is imposed on a licensed owner who purchases or otherwise acquires a controlling
interest, as determined under the rules of the commission, in a second owner's license. The fee is equal
to two million dollars ($2,000,000). The commission shall collect and deposit a fee imposed under this
subsection in the state general fund.
SOURCE: IC 4-33-4-24; (09)PD4450.18. -->
SECTION 62. IC 4-33-4-24 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO
READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 24. The commission may not do the
following:
(1) Impose by rule a fee that is not authorized by this article on any party to a proposed
transfer of an ownership interest in a riverboat owner's license or an operating permit.
(2) Make the commission's approval of a proposed transfer of an ownership interest in a
riverboat owner's license or an operating permit contingent upon the payment of any
amount that is not authorized by this article.
SOURCE: IC 4-35-4-13; (09)PD4450.19. -->
SECTION 63. IC 4-35-4-13 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO
READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 13. The commission may not do the
following:
(1) Impose, charge, or collect by rule a fee that is not authorized by this article on any party
to a proposed transfer of an ownership interest in a license issued under IC 4-35-5.
(2) Make the commission's approval of a proposed transfer of an ownership interest in a
license issued under IC 4-35-5 contingent upon the payment of any amount that is not
authorized by this article.
SOURCE: IC 5-1-14-16; (09)PD4450.20. -->
SECTION 64. IC 5-1-14-16, AS ADDED BY P.L.146-2008, SECTION 31, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 16. (a) This section applies to
obligations that are:
(1) issued after June 30, 2008, by a local issuing body; and
(2) payable from ad valorem property taxes, special benefit taxes on property, or tax increment
revenues derived from property taxes;
including obligations that are issued under a statute that permits the bonds to be issued without
complying with any other law or otherwise expressly exempts the bonds from the requirements of this
section.
(b) An agreement for the issuance of obligations must provide for the payment of principal and
interest on the obligations in nearly equal payment amounts and at regular designated intervals over
the maximum term of the obligations except to the extent that:
(1) interest for a particular repayment period has been paid from the proceeds of the obligations
under section 6 of this chapter; or
(2) the local issuing body authorizes a different payment schedule to:
(A) maintain substantially equal payments, in the aggregate, in any period in which the local
issuing body pays the interest and principal on outstanding obligations;
(B) provide for the payment of principal on the obligations in amounts and at intervals that
will produce an aggregate amount of principal payments greater than or equal to the aggregate
amount that would otherwise be paid as of the same date;
(C) provide for level principal payments over the term of the obligations, in order to reduce
total interest costs;
or
(D) with respect to obligations wholly or partially payable from tax increment revenues
derived from property taxes, provide for the payment of principal and interest in varying
amounts over the term of the obligations as necessary due to the variation in the amount of tax
increment revenues available for those payments; or
(E) provide for a repayment schedule that will result in the same or a lower amount of
interest being paid on obligations that would be issued using nearly equal payment
amounts.
SOURCE: IC 5-10-8-8.5; (09)PD4450.21. -->
SECTION 65. IC 5-10-8-8.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO
READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 8.5. (a) The state employee retiree
health benefit trust fund is established to provide funding for a retiree health benefit plan
developed under section 8.3 of this chapter.
(b) The trust fund shall be administered by the budget agency. The expenses of administering
the trust fund shall be paid from money in the trust fund. The trust fund consists of cigarette
tax revenues deposited in the fund under IC 6-7-1-28.1(7) and other appropriations, revenues,
or transfers to the trust fund under IC 4-12-1.
(c) The treasurer of state shall invest the money in the trust fund not currently needed to meet
the obligations of the trust fund in the same manner as other public money may be invested.
(d) The trust fund is considered a trust fund for purposes of IC 4-9.1-1-7. Money may not be
transferred, assigned, or otherwise removed from the trust fund by the state board of finance,
the budget agency, or any other state agency.
(e) The trust fund shall be established and administered in a manner that complies with
Internal Revenue Code requirements concerning health reimbursement arrangement (HRA)
trusts. Contributions by the state to the trust fund are irrevocable. All assets held in the trust
fund must be held for the exclusive benefit of participants of the retiree health benefit plan
developed under section 8.3 of this chapter and their beneficiaries. All assets in the trust fund:
(1) are dedicated exclusively to providing benefits to participants of the plan and their
beneficiaries according to the terms of the plan; and
(2) are exempt from levy, sale, garnishment, attachment, or other legal process.
(f) Money in the trust fund does not revert to the state general fund at the end of any state
fiscal year.
(g) The money in the trust fund is appropriated to the budget agency for providing the retiree
health benefit plan developed under section 8.3 of this chapter.
SOURCE: IC 5-28-30-17; (09)PD4450.22. -->
SECTION 66. IC 5-28-30-17, AS ADDED BY P.L.162-2007, SECTION 25, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 17.
(a) To further the purposes of this
chapter, and in addition to the corporation's other powers under this chapter, the corporation may, upon
a written finding as described in section 10 of this chapter, make direct loans from money in the
guaranty fund to or for the benefit of:
(1) any industrial development project, mining operation, or agricultural operation that involves
the processing of agricultural products;
or
(2) an Indiana supplier, contractor, or subcontractor for an industrial development project
for which:
(A) bankruptcy was declared with respect to the project before January 1, 2009;
(B) the estimated value of the project or operation before bankruptcy was declared was
at least five hundred million dollars ($500,000,000); and
(C) the estimated number of employees upon completion of the project or operation was
expected to be at least one thousand two hundred (1,200) persons;
upon the terms and conditions that the corporation prescribes.
(b) Loans made under this section are subject to the following conditions:
(1) A new or additional loan may not be made if the loan would cause the then outstanding total
guarantee obligations with respect to all loans and leases guaranteed under this section and the
other provisions of this chapter to exceed eight (8) times the amount of money then in the
guaranty fund, or would cause the then outstanding total principal balance of all loans made
under this section and then owing to the corporation to exceed twenty percent (20%) of the
amount of money then in the guaranty fund.
(2) The principal amount of such a loan to or for the benefit of a project or operation may not
exceed one million dollars ($1,000,000), less the then outstanding total guarantee obligations
with respect to any loans or leases guaranteed under this chapter to or for the benefit of that
project or operation.
(3) With respect to any loan made under this section, a loan agreement with the corporation must
contain the following terms:
(A) A requirement that the loan proceeds be used for specified purposes consistent with and
in furtherance of the purposes of the corporation under this chapter.
(B) The term of the loan, which may not be later than twenty (20) years from the date of the
loan.
(C) The repayment schedule.
(D) The interest rate or rates of the loan, which may include variations in the rate, but which
may not be less than the amount necessary to cover all expenses of the corporation in making
the loan.
(E) Any other terms and provisions that the corporation requires.
(4) A loan agreement under this section may also contain a requirement that the loan be insured
directly or indirectly by a loan insurer or be guaranteed by a loan guarantor, and a requirement
of any other type or types of security or collateral that the corporation considers reasonable or
necessary.
(5) A loan made under this section may be sold by the corporation, and the corporation may
permit other lenders to participate in a loan made under this section, at the time or times and upon
the terms and conditions that the corporation considers reasonable or necessary. A loan sold or
in which other lenders participate may be guaranteed by the corporation, upon terms and
conditions established by the corporation.
SOURCE: IC 6-1.1-17-5; (09)PD4450.23. -->
SECTION 67. IC 6-1.1-17-5, AS AMENDED BY P.L.146-2008, SECTION 149, IS AMENDED
TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5. (a) The officers of political
subdivisions shall meet each year to fix the budget, tax rate, and tax levy of their respective
subdivisions for the ensuing budget year as follows:
(1) The board of school trustees of a school corporation that is located in a city having a
population of more than one hundred five thousand (105,000) but less than one hundred twenty
thousand (120,000), not later than:
(A) the time required in section 5.6(b) of this chapter; or
(B) for budget years beginning before July 1,
2010, 2011, September 30 if a resolution
adopted under section 5.6(d) of this chapter is in effect.
(2) The proper officers of all other political subdivisions, not later than September 30.
(3) The governing body of each school corporation (including a school corporation described in
subdivision (1)), not later than the time required under section 5.6(b) of this chapter for budget
years beginning after June 30,
2010. 2011.
Except in a consolidated city and county and in a second class city, the public hearing required by
section 3 of this chapter must be completed at least ten (10) days before the proper officers of the
political subdivision meet to fix the budget, tax rate, and tax levy. In a consolidated city and county
and in a second class city, that public hearing, by any committee or by the entire fiscal body, may be
held at any time after introduction of the budget.
(b) Ten (10) or more taxpayers may object to a budget, tax rate, or tax levy of a political subdivision
fixed under subsection (a) by filing an objection petition with the proper officers of the political
subdivision not more than seven (7) days after the hearing. The objection petition must specifically
identify the provisions of the budget, tax rate, and tax levy to which the taxpayers object.
(c) If a petition is filed under subsection (b), the fiscal body of the political subdivision shall adopt
with its budget a finding concerning the objections in the petition and any testimony presented at the
adoption hearing.
(d) This subsection does not apply to a school corporation. Each year at least two (2) days before
the first meeting after September 20 of the county board of tax adjustment held under IC 6-1.1-29-4,
a political subdivision shall file with the county auditor:
(1) a statement of the tax rate and levy fixed by the political subdivision for the ensuing budget
year;
(2) two (2) copies of the budget adopted by the political subdivision for the ensuing budget year;
and
(3) two (2) copies of any findings adopted under subsection (c).
Each year the county auditor shall present these items to the county board of tax adjustment at the
board's first meeting under IC 6-1.1-29-4 after September 20 of that year.
(e) In a consolidated city and county and in a second class city, the clerk of the fiscal body shall,
notwithstanding subsection (d), file the adopted budget and tax ordinances with the county board of
tax adjustment within two (2) days after the ordinances are signed by the executive, or within two (2)
days after action is taken by the fiscal body to override a veto of the ordinances, whichever is later.
(f) If a fiscal body does not fix the budget, tax rate, and tax levy of the political subdivisions for the
ensuing budget year as required under this section, the most recent annual appropriations and annual
tax levy are continued for the ensuing budget year.
SOURCE: IC 6-1.1-17-5.6; (09)PD4450.24. -->
SECTION 68. IC 6-1.1-17-5.6, AS AMENDED BY P.L.146-2008, SECTION 150, IS AMENDED
TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5.6. (a) For budget years beginning
before July 1,
2010, 2011, this section applies only to a school corporation that is located in a city
having a population of more than one hundred five thousand (105,000) but less than one hundred
twenty thousand (120,000). For budget years beginning after June 30,
2010, 2011, this section applies
to all school corporations. Beginning in
2010, 2011, each school corporation shall adopt a budget
under this section that applies from July 1 of the year through June 30 of the following year. In the
initial budget adopted by a school corporation in
2010 2011 under this section, the first six (6) months
of that initial budget must be consistent with the last six (6) months of the budget adopted by the
school corporation for calendar year
2010. 2011.
(b) Before February 1 of each year, the officers of the school corporation shall meet to fix the
budget for the school corporation for the ensuing budget year, with notice given by the same officers.
However, if a resolution adopted under subsection (d) is in effect, the officers shall meet to fix the
budget for the ensuing budget year before September 30.
(c) Each year, at least two (2) days before the first meeting after September 20 of the county board
of tax adjustment held under IC 6-1.1-29-4, the school corporation shall file with the county auditor:
(1) a statement of the tax rate and tax levy fixed by the school corporation for the ensuing budget
year;
(2) two (2) copies of the budget adopted by the school corporation for the ensuing budget year;
and
(3) any written notification from the department of local government finance under section 16(i)
of this chapter that specifies a proposed revision, reduction, or increase in the budget adopted by
the school corporation for the ensuing budget year.
Each year the county auditor shall present these items to the county board of tax adjustment at the
board's first meeting after September 20 of that year.
(d) This subsection does not apply to budget years after June 30,
2010. 2011. The governing body
of the school corporation may adopt a resolution to cease using a school year budget year and return
to using a calendar year budget year. A resolution adopted under this subsection must be adopted after
January 1 and before July 1. The school corporation's initial calendar year budget year following the
adoption of a resolution under this subsection begins on January 1 of the year following the year the
resolution is adopted. The first six (6) months of the initial calendar year budget for the school
corporation must be consistent with the last six (6) months of the final school year budget fixed by the
department of local government finance before the adoption of a resolution under this subsection.
Notwithstanding any resolution adopted under this subsection, beginning in 2010, 2011, each school
corporation shall adopt a budget under this section that applies from July 1 of the year through June
30 of the following year.
(e) A resolution adopted under subsection (d) may be rescinded by a subsequent resolution adopted
by the governing body. If the governing body of the school corporation rescinds a resolution adopted
under subsection (d) and returns to a school year budget year, the school corporation's initial school
year budget year begins on July 1 following the adoption of the rescinding resolution and ends on June
30 of the following year. The first six (6) months of the initial school year budget for the school
corporation must be consistent with the last six (6) months of the last calendar year budget fixed by
the department of local government finance before the adoption of a rescinding resolution under this
subsection.
SECTION 69. IC 6-3-1-3.5, AS AMENDED BY P.L.131-2008, SECTION 11, AND AS
AMENDED BY P.L.3-2008, SECTION 60, IS CORRECTED AND AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2009 (RETROACTIVE)]: 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 (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.
(23) Subtract an amount equal to the amount of the taxpayer's qualified military income that was
not excluded from the taxpayer's gross income for federal income tax purposes under Section 112
of the Internal Revenue Code.
(24) Subtract income that is:
(A) exempt from taxation under IC 6-3-2-21.7; and
(B) included in the individual's federal adjusted gross income under the Internal Revenue
Code.
(25) Subtract any amount of a credit (including an advance refund of the credit) that is provided
to an individual under 26 U.S.C. 6428 (federal Economic Stimulus Act of 2008) and included in
the individual's federal adjusted gross income.
(26) Add any amount of unemployment compensation excluded from federal gross income,
as defined in Section 61 of the Internal Revenue Code, under Section 85(c) of the Internal
Revenue Code.
(27) Add the amount excluded from gross income under Section 108(a)(1)(e) of the Internal
Revenue Code for the discharge of debt on a qualified principal residence.
(28) Add an amount equal to any income not included in gross income as a result of the
deferral of income arising from business indebtedness discharged in connection with the
reacquisition after December 31, 2008, and before January 1, 2011, of an applicable debt
instrument, as provided in Section 108(i) of the Internal Revenue Code. Subtract an amount
necessary to make the adjusted gross income of any taxpayer that added an amount to
adjusted gross income in a previous year to offset the amount included in federal gross income
as a result of the deferral of income arising from business indebtedness discharged in
connection with the reacquisition after December 31, 2008, and before January 1, 2011, of an
applicable debt instrument, as provided in Section 108(i) of the Internal Revenue Code.
(29) Add the amount necessary to make the adjusted gross income of any taxpayer that
placed qualified restaurant property in service during the taxable year and that was
classified as 15-year property under Section 168(e)(3)(E)(v) of the Internal Revenue Code
equal to the amount of adjusted gross income that would have been computed had the
classification not applied to the property in the year that it was placed in service.
(30) Add the amount necessary to make the adjusted gross income of any taxpayer that
placed qualified retail improvement property in service during the taxable year and that
was classified as 15-year property under Section 168(e)(3)(E)(ix) of the Internal Revenue
Code equal to the amount of adjusted gross income that would have been computed had the
classification not applied to the property in the year that it was placed in service.
(31) Add or subtract the amount necessary to make the adjusted gross income of any
taxpayer that claimed the special allowance for qualified disaster assistance property under
Section 168(n) of the Internal Revenue Code equal to the amount of adjusted gross income
that would have been computed had the special allowance not been claimed for the
property.
(32) Add or subtract the amount necessary to make the adjusted gross income of any
taxpayer that made an election under Section 179C of the Internal Revenue Code to expense
costs for qualified refinery property 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.
(33) Add or subtract the amount necessary to make the adjusted gross income of any
taxpayer that made an election under Section 181 of the Internal Revenue Code to expense
costs for a qualified film or television production 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.
(34) Add an amount equal to any loss that is treated under Section 301 of the Emergency
Economic Stabilization Act of 2008 as an ordinary loss from the sale or exchange of preferred
stock in:
(A) the Federal National Mortgage Association, established under the Federal National
Mortgage Association Charter Act (12 U.S.C. 1716 et seq.); or
(B) the Federal Home Loan Mortgage Corporation, established under the Federal Home
Loan Mortgage Corporation Act (12 U.S.C. 1451 et seq.).
Subtract an amount necessary to make the adjusted gross income of any taxpayer that added
an amount to adjusted gross income in a previous year to offset the amount included in federal
gross income as a result of any loss that is treated under Section 301 of the Emergency
Economic Stabilization Act of 2008 as an ordinary loss from the sale or exchange of preferred
stock described in clause (A) or (B).
(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.
(10) Add an amount equal to any deduction for dividends paid (as defined in Section 561 of the
Internal Revenue Code) to shareholders of a captive real estate investment trust (as defined in
section 34.5 of this chapter).
(11) Subtract income that is:
(A) exempt from taxation under IC 6-3-2-21.7; and
(B) included in the corporation's taxable income under the Internal Revenue Code.
(12) Add an amount equal to any income not included in gross income as a result of the
deferral of income arising from business indebtedness discharged in connection with the
reacquisition after December 31, 2008, and before January 1, 2011, of an applicable debt
instrument, as provided in Section 108(i) of the Internal Revenue Code. Subtract an amount
necessary to make the adjusted gross income of any taxpayer that added an amount to
adjusted gross income in a previous year to offset the amount included in federal gross income
as a result of the deferral of income arising from business indebtedness discharged in
connection with the reacquisition after December 31, 2008, and before January 1, 2011, of an
applicable debt instrument, as provided in Section 108(i) of the Internal Revenue Code.
(13) Add the amount necessary to make the adjusted gross income of any taxpayer that
placed qualified restaurant property in service during the taxable year and that was
classified as 15-year property under Section 168(e)(3)(E)(v) of the Internal Revenue Code
equal to the amount of adjusted gross income that would have been computed had the
classification not applied to the property in the year that it was placed in service.
(14) Add the amount necessary to make the adjusted gross income of any taxpayer that
placed qualified retail improvement property in service during the taxable year and that
was classified as 15-year property under Section 168(e)(3)(E)(ix) of the Internal Revenue
Code equal to the amount of adjusted gross income that would have been computed had the
classification not applied to the property in the year that it was placed in service.
(15) Add or subtract the amount necessary to make the adjusted gross income of any
taxpayer that claimed the special allowance for qualified disaster assistance property under
Section 168(n) of the Internal Revenue Code equal to the amount of adjusted gross income
that would have been computed had the special allowance not been claimed for the
property.
(16) Add or subtract the amount necessary to make the adjusted gross income of any
taxpayer that made an election under Section 179C of the Internal Revenue Code to expense
costs for qualified refinery property 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.
(17) Add or subtract the amount necessary to make the adjusted gross income of any
taxpayer that made an election under Section 181 of the Internal Revenue Code to expense
costs for a qualified film or television production 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.
(18) Add an amount equal to any loss that is treated under Section 301 of the Emergency
Economic Stabilization Act of 2008 as an ordinary loss from the sale or exchange of
preferred stock in:
(A) the Federal National Mortgage Association, established under the Federal National
Mortgage Association Charter Act (12 U.S.C. 1716 et seq.); or
(B) the Federal Home Loan Mortgage Corporation, established under the Federal Home
Loan Mortgage Corporation Act (12 U.S.C. 1451 et seq.).
Subtract an amount necessary to make the adjusted gross income of any taxpayer that
added an amount to adjusted gross income in a previous year to offset the amount included
in federal gross income as a result of any loss that is treated under Section 301 of the
Emergency Economic Stabilization Act of 2008 as an ordinary loss from the sale or
exchange of preferred stock described in clause (A) or (B).
(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.
(9) Subtract income that is:
(A) exempt from taxation under IC 6-3-2-21.7; and
(B) included in the insurance company's taxable income under the Internal Revenue Code.
(10) Add an amount equal to any income not included in gross income as a result of the
deferral of income arising from business indebtedness discharged in connection with the
reacquisition after December 31, 2008, and before January 1, 2011, of an applicable debt
instrument, as provided in Section 108(i) of the Internal Revenue Code. Subtract an amount
necessary to make the adjusted gross income of any taxpayer that added an amount to
adjusted gross income in a previous year to offset the amount included in federal gross income
as a result of the deferral of income arising from business indebtedness discharged in
connection with the reacquisition after December 31, 2008, and before January 1, 2011, of an
applicable debt instrument, as provided in Section 108(i) of the Internal Revenue Code.
(11) Add the amount necessary to make the adjusted gross income of any taxpayer that
placed qualified restaurant property in service during the taxable year and that was
classified as 15-year property under Section 168(e)(3)(E)(v) of the Internal Revenue Code
equal to the amount of adjusted gross income that would have been computed had the
classification not applied to the property in the year that it was placed in service.
(12) Add the amount necessary to make the adjusted gross income of any taxpayer that
placed qualified retail improvement property in service during the taxable year and that
was classified as 15-year property under Section 168(e)(3)(E)(ix) of the Internal Revenue
Code equal to the amount of adjusted gross income that would have been computed had the
classification not applied to the property in the year that it was placed in service.
(13) Add or subtract the amount necessary to make the adjusted gross income of any
taxpayer that claimed the special allowance for qualified disaster assistance property under
Section 168(n) of the Internal Revenue Code equal to the amount of adjusted gross income
that would have been computed had the special allowance not been claimed for the
property.
(14) Add or subtract the amount necessary to make the adjusted gross income of any
taxpayer that made an election under Section 179C of the Internal Revenue Code to expense
costs for qualified refinery property 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.
(15) Add or subtract the amount necessary to make the adjusted gross income of any
taxpayer that made an election under Section 181 of the Internal Revenue Code to expense
costs for a qualified film or television production 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.
(16) Add an amount equal to any loss that is treated under Section 301 of the Emergency
Economic Stabilization Act of 2008 as an ordinary loss from the sale or exchange of preferred
stock in:
(A) the Federal National Mortgage Association, established under the Federal National
Mortgage Association Charter Act (12 U.S.C. 1716 et seq.); or
(B) the Federal Home Loan Mortgage Corporation, established under the Federal Home
Loan Mortgage Corporation Act (12 U.S.C. 1451 et seq.).
Subtract an amount necessary to make the adjusted gross income of any taxpayer that added
an amount to adjusted gross income in a previous year to offset the amount included in federal
gross income as a result of any loss that is treated under Section 301 of the Emergency
Economic Stabilization Act of 2008 as an ordinary loss from the sale or exchange of preferred
stock described in clause (A) or (B).
(17) Add an amount equal to any exempt insurance income under Section 953(e) of the
Internal Revenue Code that is active financing income under Subpart F of Subtitle A,
Chapter 1, Subchapter N of the Internal Revenue Code.
(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.
(9) Subtract income that is:
(A) exempt from taxation under IC 6-3-2-21.7; and
(B) included in the insurance company's taxable income under the Internal Revenue Code.
(10) Add or subtract an amount equal to any income not included in gross income as a
result of the deferral of income arising from business indebtedness discharged in connection
with the reacquisition after December 31, 2008, and before January 1, 2011, of an
applicable debt instrument, as provided in Section 108(i) of the Internal Revenue Code.
(11) Add the amount necessary to make the adjusted gross income of any taxpayer that
placed qualified restaurant property in service during the taxable year and that was
classified as 15-year property under Section 168(e)(3)(E)(v) of the Internal Revenue Code
equal to the amount of adjusted gross income that would have been computed had the
classification not applied to the property in the year that it was placed in service.
(12) Add the amount necessary to make the adjusted gross income of any taxpayer that
placed qualified retail improvement property in service during the taxable year and that
was classified as 15-year property under Section 168(e)(3)(E)(ix) of the Internal Revenue
Code equal to the amount of adjusted gross income that would have been computed had the
classification not applied to the property in the year that it was placed in service.
(13) Add or subtract the amount necessary to make the adjusted gross income of any
taxpayer that claimed the special allowance for qualified disaster assistance property under
Section 168(n) of the Internal Revenue Code equal to the amount of adjusted gross income
that would have been computed had the special allowance not been claimed for the
property.
(14) Add or subtract the amount necessary to make the adjusted gross income of any
taxpayer that made an election under Section 179C of the Internal Revenue Code to expense
costs for qualified refinery property 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.
(15) Add or subtract the amount necessary to make the adjusted gross income of any
taxpayer that made an election under Section 181 of the Internal Revenue Code to expense
costs for a qualified film or television production 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.
(16) Add or subtract an amount equal to any loss that is treated under Section 301 of the
Emergency Economic Stabilization Act of 2008 as an ordinary loss from the sale or
exchange of preferred stock in:
(A) the Federal National Mortgage Association, established under the Federal National
Mortgage Association Charter Act (12 U.S.C. 1716 et seq.); or
(B) the Federal Home Loan Mortgage Corporation, established under the Federal Home
Loan Mortgage Corporation Act (12 U.S.C. 1451 et seq.).
(17) Add an amount equal to any exempt insurance income under Section 953(e) of the
Internal Revenue Code for active financing income under Subpart F, Subtitle A, Chapter
1, Subchapter N of the Internal Revenue Code.
(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.
(7) Subtract income that is:
(A) exempt from taxation under IC 6-3-2-21.7; and
(B) included in the taxpayer's taxable income under the Internal Revenue Code.
(8) Add an amount equal to any income not included in gross income as a result of the deferral
of income arising from business indebtedness discharged in connection with the reacquisition
after December 31, 2008, and before January 1, 2011, of an applicable debt instrument, as
provided in Section 108(i) of the Internal Revenue Code. Subtract an amount necessary to
make the adjusted gross income of any taxpayer that added an amount to adjusted gross
income in a previous year to offset the amount included in federal gross income as a result of
the deferral of income arising from business indebtedness discharged in connection with the
reacquisition after December 31, 2008, and before January 1, 2011, of an applicable debt
instrument, as provided in Section 108(i) of the Internal Revenue Code.
(9) Add the amount necessary to make the adjusted gross income of any taxpayer that
placed qualified restaurant property in service during the taxable year and that was
classified as 15-year property under Section 168(e)(3)(E)(v) of the Internal Revenue Code
equal to the amount of adjusted gross income that would have been computed had the
classification not applied to the property in the year that it was placed in service.
(10) Add the amount necessary to make the adjusted gross income of any taxpayer that
placed qualified retail improvement property in service during the taxable year and that
was classified as 15-year property under Section 168(e)(3)(E)(ix) of the Internal Revenue
Code equal to the amount of adjusted gross income that would have been computed had the
classification not applied to the property in the year that it was placed in service.
(11) Add or subtract the amount necessary to make the adjusted gross income of any
taxpayer that claimed the special allowance for qualified disaster assistance property under
Section 168(n) of the Internal Revenue Code equal to the amount of adjusted gross income
that would have been computed had the special allowance not been claimed for the
property.
(12) Add or subtract the amount necessary to make the adjusted gross income of any
taxpayer that made an election under Section 179C of the Internal Revenue Code to expense
costs for qualified refinery property 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.
(13) Add or subtract the amount necessary to make the adjusted gross income of any
taxpayer that made an election under Section 181 of the Internal Revenue Code to expense
costs for a qualified film or television production 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.
(14) Add an amount equal to any loss that is treated under Section 301 of the Emergency
Economic Stabilization Act of 2008 as an ordinary loss from the sale or exchange of preferred
stock in:
(A) the Federal National Mortgage Association, established under the Federal National
Mortgage Association Charter Act (12 U.S.C. 1716 et seq.); or
(B) the Federal Home Loan Mortgage Corporation, established under the Federal Home
Loan Mortgage Corporation Act (12 U.S.C. 1451 et seq.).
Subtract an amount necessary to make the adjusted gross income of any taxpayer that added
an amount to adjusted gross income in a previous year to offset the amount included in federal
gross income as a result of any loss that is treated under Section 301 of the Emergency
Economic Stabilization Act of 2008 as an ordinary loss from the sale or exchange of preferred
stock described in clause (A) or (B).
(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 6-3-1-11; (09)PD4450.25. -->
SECTION 70. IC 6-3-1-11, AS AMENDED BY P.L.131-2008, SECTION 12, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2009 (RETROACTIVE)]: Sec. 11. (a) The term
"Internal Revenue Code" means the Internal Revenue Code of 1986 of the United States as amended
and in effect on
January 1, 2008. February 17, 2009.
(b) Whenever the Internal Revenue Code is mentioned in this article, the particular provisions that
are referred to, together with all the other provisions of the Internal Revenue Code in effect on
January
1, 2008, February 17, 2009, that pertain to the provisions specifically mentioned, shall be regarded
as incorporated in this article by reference and have the same force and effect as though fully set forth
in this article. To the extent the provisions apply to this article, regulations adopted under Section
7805(a) of the Internal Revenue Code and in effect on
January 1, 2008. February 17, 2009, shall be
regarded as rules adopted by the department under this article, unless the department adopts specific
rules that supersede the regulation.
(c) An amendment to the Internal Revenue Code made by an act passed by Congress before
January
1, 2008, February 17, 2009, that is effective for any taxable year that began before January 1,
2008,
2009, and that affects:
(1) individual adjusted gross income (as defined in Section 62 of the Internal Revenue Code);
(2) corporate taxable income (as defined in Section 63 of the Internal Revenue Code);
(3) trust and estate taxable income (as defined in Section 641(b) of the Internal Revenue Code);
(4) life insurance company taxable income (as defined in Section 801(b) of the Internal Revenue
Code);
(5) mutual insurance company taxable income (as defined in Section 821(b) of the Internal
Revenue Code); or
(6) taxable income (as defined in Section 832 of the Internal Revenue Code);
is also effective for that same taxable year for purposes of determining adjusted gross income under
section 3.5 of this chapter.
SECTION 71. IC 6-3-2-2.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY
1, 2009 (RETROACTIVE)]: Sec. 2.5. (a) This section applies to a resident person.
(b) Resident persons are entitled to a net operating loss deduction. The amount of the deduction
taken in a taxable year may not exceed the taxpayer's unused Indiana net operating losses carried back
or carried over to that year.
(c) An Indiana net operating loss equals the taxpayer's federal net operating loss for a taxable year
as calculated under Section 172 of the Internal Revenue Code, adjusted for the modifications required
by IC 6-3-1-3.5.
(d) The following provisions apply for purposes of subsection (c):
(1) The modifications that are to be applied are those modifications required under IC 6-3-1-3.5
for the same taxable year in which each net operating loss was incurred.
(2) An Indiana net operating loss includes a net operating loss that arises when the modifications
required by IC 6-3-1-3.5 exceed the taxpayer's federal adjusted gross income (as defined in
Section 62 of the Internal Revenue Code) for the taxable year in which the Indiana net operating
loss is determined.
(e) Subject to the limitations contained in subsection (g), an Indiana net operating loss carryback
or carryover shall be available as a deduction from the taxpayer's adjusted gross income (as defined
in IC 6-3-1-3.5) in the carryback or carryover year provided in subsection (f).
(f) Carrybacks and carryovers shall be determined under this subsection as follows:
(1) An Indiana net operating loss shall be an Indiana net operating loss carryback to each of the
carryback years preceding the taxable year of the loss.
(2) An Indiana net operating loss shall be an Indiana net operating loss carryover to each of the
carryover years following the taxable year of the loss.
(3) Carryback years shall be determined by reference to the number of years allowed for carrying
back a net operating loss under Section 172(b) of the Internal Revenue Code. However, with
respect to the carryback period for a net operating loss:
(A) for which for an eligible small business, as defined in Section 172(b)(1)(H)(iv) of the
Internal Revenue Code, made an election to use five (5) years instead of two (2) years
under Section 172(b)(1)(H) of the Internal Revenue Code, two (2) years shall be used
instead of five (5) years; or
(B) that is a qualified disaster loss for which the taxpayer elected to have the net
operating loss carryback period with respect to the loss year determined without regard
to Section 172(b)(1)(J) of the Internal Revenue Code, five (5) years shall be used.
(4) Carryover years shall be determined by reference to the number of years allowed for carrying
over net operating losses under Section 172(b) of the Internal Revenue Code.
(5) A taxpayer who makes an election under Section 172(b)(3) of the Internal Revenue Code to
relinquish the carryback period with respect to a net operating loss for any taxable year shall be
considered to have also relinquished the carryback of the Indiana net operating loss for purposes
of this section.
(g) The entire amount of the Indiana net operating loss for any taxable year shall be carried to the
earliest of the taxable years to which (as determined under subsection (f)) the loss may be carried. The
amount of the Indiana net operating loss remaining after the deduction is taken under this section in
a taxable year may be carried back or carried over as provided in subsection (f). The amount of the
Indiana net operating loss carried back or carried over from year to year shall be reduced to the extent
that the Indiana net operating loss carryback or carryover is used by the taxpayer to obtain a deduction
in a taxable year until the occurrence of the earlier of the following:
(1) The entire amount of the Indiana net operating loss has been used as a deduction.
(2) The Indiana net operating loss has been carried over to each of the carryover years provided
by subsection (f).
SECTION 72. IC 6-3-2-2.6, AS AMENDED BY P.L.2-2005, SECTION 21, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2009 (RETROACTIVE)]: Sec. 2.6. (a) This
section applies to a corporation or a nonresident person.
(b) Corporations and nonresident persons are entitled to a net operating loss deduction. The amount
of the deduction taken in a taxable year may not exceed the taxpayer's unused Indiana net operating
losses carried back or carried over to that year.
(c) An Indiana net operating loss equals the taxpayer's federal net operating loss for a taxable year
as calculated under Section 172 of the Internal Revenue Code, derived from sources within Indiana
and adjusted for the modifications required by IC 6-3-1-3.5.
(d) The following provisions apply for purposes of subsection (c):
(1) The modifications that are to be applied are those modifications required under IC 6-3-1-3.5
for the same taxable year in which each net operating loss was incurred.
(2) The amount of the taxpayer's net operating loss that is derived from sources within Indiana
shall be determined in the same manner that the amount of the taxpayer's adjusted income derived
from sources within Indiana is determined under section 2 of this chapter for the same taxable
year during which each loss was incurred.
(3) An Indiana net operating loss includes a net operating loss that arises when the modifications
required by IC 6-3-1-3.5 exceed the taxpayer's federal taxable income (as defined in Section 63
of the Internal Revenue Code), if the taxpayer is a corporation, or when the modifications
required by IC 6-3-1-3.5 exceed the taxpayer's federal adjusted gross income (as defined by
Section 62 of the Internal Revenue Code), if the taxpayer is a nonresident person, for the taxable
year in which the Indiana net operating loss is determined.
(e) Subject to the limitations contained in subsection (g), an Indiana net operating loss carryback
or carryover shall be available as a deduction from the taxpayer's adjusted gross income derived from
sources within Indiana (as defined in section 2 of this chapter) in the carryback or carryover year
provided in subsection (f).
(f) Carrybacks and carryovers shall be determined under this subsection as follows:
(1) An Indiana net operating loss shall be an Indiana net operating loss carryback to each of the
carryback years preceding the taxable year of the loss.
(2) An Indiana net operating loss shall be an Indiana net operating loss carryover to each of the
carryover years following the taxable year of the loss.
(3) Carryback years shall be determined by reference to the number of years allowed for carrying
back a net operating loss under Section 172(b) of the Internal Revenue Code.
However, with
respect to the carryback period for a net operating loss:
(A) for which for an eligible small business, as defined in Section 172(b)(1)(H)(iv) of the
Internal Revenue Code, made an election to use five (5) years instead of two (2) years
under Section 172(b)(1)(H) of the Internal Revenue Code, two (2) years shall be used
instead of five (5) years; or
(B) that is a qualified disaster loss for which the taxpayer elected to have the net
operating loss carryback period with respect to the loss year determined without regard
to Section 172(b)(1)(J) of the Internal Revenue Code, five (5) years shall be used.
(4) Carryover years shall be determined by reference to the number of years allowed for carrying
over net operating losses under Section 172(b) of the Internal Revenue Code.
(5) A taxpayer who makes an election under Section 172(b)(3) of the Internal Revenue Code to
relinquish the carryback period with respect to a net operating loss for any taxable year shall be
considered to have also relinquished the carryback of the Indiana net operating loss for purposes
of this section.
(g) The entire amount of the Indiana net operating loss for any taxable year shall be carried to the
earliest of the taxable years to which (as determined under subsection (f)) the loss may be carried. The
amount of the Indiana net operating loss remaining after the deduction is taken under this section in
a taxable year may be carried back or carried over as provided in subsection (f). The amount of the
Indiana net operating loss carried back or carried over from year to year shall be reduced to the extent
that the Indiana net operating loss carryback or carryover is used by the taxpayer to obtain a deduction
in a taxable year until the occurrence of the earlier of the following:
(1) The entire amount of the Indiana net operating loss has been used as a deduction.
(2) The Indiana net operating loss has been carried over to each of the carryover years provided
by subsection (f).
(h) An Indiana net operating loss deduction determined under this section shall be allowed
notwithstanding the fact that in the year the taxpayer incurred the net operating loss the taxpayer was
not subject to the tax imposed under section 1 of this chapter because the taxpayer was:
(1) a life insurance company (as defined in Section 816(a) of the Internal Revenue Code); or
(2) an insurance company subject to tax under Section 831 of the Internal Revenue Code.
(i) In the case of a life insurance company that claims an operations loss deduction under Section
810 of the Internal Revenue Code, this section shall be applied by:
(1) substituting the corresponding provisions of Section 810 of the Internal Revenue Code in
place of references to Section 172 of the Internal Revenue Code; and
(2) substituting life insurance company taxable income (as defined in Section 801 the Internal
Revenue Code) in place of references to taxable income (as defined in Section 63 of the Internal
Revenue Code).
(j) For purposes of an amended return filed to carry back an Indiana net operating loss:
(1) the term "due date of the return", as used in IC 6-8.1-9-1(a)(1), means the due date of the
return for the taxable year in which the net operating loss was incurred; and
(2) the term "date the payment was due", as used in IC 6-8.1-9-2(c), means the due date of the
return for the taxable year in which the net operating loss was incurred.
SOURCE: IC 6-3-2-10; (09)PD4450.27. -->
SECTION 73. IC 6-3-2-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY
1, 2009 (RETROACTIVE)]: Sec. 10. (a) An individual who received unemployment compensation,
as defined in subsection (c), during the taxable year is entitled to a deduction from the individual's
adjusted gross income for that taxable year in the amount determined using the following formula:
STEP ONE: Determine the greater of zero (0) or the difference between:
(A) the sum of:
(i) the federal adjusted gross income of the individual (or the individual and the individual's
spouse, in the case of a joint return), as defined in Section 62 of the Internal Revenue Code;
plus
(ii) the amount of unemployment compensation excluded from federal gross income,
as defined in Section 61 of the Internal Revenue Code, under Section 85(c) of the
Internal Revenue Code; minus
(B) the base amount as defined in subsection (b).
STEP TWO: Determine the greater of zero (0) or the difference between:
(A) the individual's unemployment compensation for the taxable year; minus
(B) one-half (1/2) of the amount determined under STEP ONE.
(b) As used in this section, "base amount" means:
(1) twelve thousand dollars ($12,000) in all cases not covered by subdivision (2) or (3);
(2) eighteen thousand dollars ($18,000) in the case of an individual who files a joint return for
the taxable year; or
(3) zero (0), in the case of an individual who:
(A) is married at the close of the taxable year, as determined under Section 143 of the Internal
Revenue Code;
(B) does not file a joint return for the taxable year; and
(C) does not live apart from the individual's spouse at all times during the taxable year.
(c) As used in this section, "unemployment compensation" means the amount of unemployment
compensation that is included in the individual's federal gross income under Section 85 of the Internal
Revenue Code.
SOURCE: IC 6-3.1-30.5; (09)PD4450.28. -->
SECTION 74. IC 6-3.1-30.5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO
READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]:
Chapter 30.5. School Scholarship Tax Credit
Sec. 1. As used in this chapter, "credit" refers to a credit granted under this chapter.
Sec. 2. As used in this chapter, "pass through entity" means:
(1) a corporation that is exempt from the adjusted gross income tax under IC 6-3-2-2.8(2);
(2) a partnership;
(3) a trust;
(4) a limited liability company; or
(5) a limited liability partnership.
Sec. 3. As used in this chapter, "scholarship granting organization" refers to an organization
that:
(1) is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue
Code; and
(2) conducts a school scholarship program.
Sec. 4. As used in this chapter, "school scholarship program" refers to a scholarship program
certified by the department under IC 20-51.
Sec. 5. As used in this chapter, "state tax liability" means a taxpayer's total tax liability that
is incurred under:
(1) IC 6-3-1 through IC 6-3-7 (the adjusted gross income tax);
(2) IC 6-5.5 (the financial institutions tax); and
(3) IC 27-1-18-2 (the insurance premiums 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.
Sec. 6. As used in this chapter, "taxpayer" means an individual or entity that has any state
tax liability.
Sec. 7. A taxpayer that makes a contribution to a scholarship granting organization for use
by the scholarship granting organization in a school scholarship program is entitled to a credit
against the taxpayer's state tax liability in the taxable year in which the taxpayer makes the
contribution.
Sec. 8. The amount of a taxpayer's credit is equal to fifty percent (50%) of the amount of the
contribution made to the scholarship granting organization for a school scholarship program.
Sec. 9. A taxpayer is not entitled to a carryover, carryback, or refund of an unused credit.
Sec. 10. If a pass through entity is entitled to a credit under section 7 of this chapter but does
not have state tax liability against which the tax credit may be applied, a shareholder, partner,
or member of the pass through entity is entitled to a tax credit equal to:
(1) the tax credit determined for the pass through entity for the taxable year; multiplied by
(2) the percentage of the pass through entity's distributive income to which the shareholder,
partner, or member is entitled.
Sec. 11. To apply a credit against the taxpayer's state tax liability, a taxpayer must claim the
credit on the taxpayer's annual state tax return or returns in the manner prescribed by the
department. The taxpayer shall submit to the department the information that the department
determines is necessary for the department to determine whether the taxpayer is eligible for the
credit.
Sec. 12. A contribution shall be treated as having been made for use in a school scholarship
program if:
(1) the contribution is made directly to a scholarship granting organization; and
(2) either:
(A) not later than the date of the contribution, the taxpayer designates in writing to the
scholarship granting organization that the contribution is to be used only for a school
scholarship program; or
(B) the scholarship granting organization provides the taxpayer with written
confirmation that the contribution will be dedicated solely for use in a school scholarship
program.
Sec. 13. (a) The total amount of tax credits awarded under this chapter may not exceed five
million dollars ($5,000,000) in any state fiscal year.
(b) The department shall:
(1) record the time of filing of each application for a credit under this chapter; and
(2) approve the applications, if they otherwise qualify for a tax credit under this chapter,
in the chronological order in which the applications are filed in the state fiscal year.
(c) When the total credits approved under this section equal the maximum amount allowable
in any state fiscal year, an application filed after that time for the same fiscal year may not be
approved. However, if an applicant for whom a credit has been approved fails to file any
necessary information required by department, an amount equal to the credit previously
allowed or set aside for the applicant may be allowed to any subsequent applicant in the year.
In addition, the department may, if the applicant so requests, approve a credit application, in
whole or in part, with respect to the next succeeding state fiscal year.
Sec. 14. The department, on an Internet web site used by the department to provide
information to the public, shall provide the following information:
(1) The application for the credit provided in this chapter.
(2) A timeline for receiving the credit provided in this chapter.
(3) The total amount of credits awarded under this chapter during the current calendar
year.
Sec. 15. The department shall adopt rules under IC 4-22-2 to implement this chapter.
SOURCE: IC 6-3.5-1.1-14; (09)PD4450.29. -->
SECTION 75. IC 6-3.5-1.1-14, AS AMENDED BY P.L.146-2008, SECTION 328, IS AMENDED
TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2009 (RETROACTIVE)]: Sec. 14. (a) In
determining the amount of property tax replacement credits civil taxing units and school corporations
of a county are entitled to receive during a calendar year, the department of local government finance
shall consider only property taxes imposed on tangible property that was assessed in that county.
(b) If a civil taxing unit or a school corporation is located in more than one (1) county and receives
property tax replacement credits from one (1) or more of the counties, then the property tax
replacement credits received from each county shall be used only to reduce the property tax rates that
are imposed within the county that distributed the property tax replacement credits.
(c) A civil taxing unit shall treat any property tax replacement credits that it receives or is to receive
during a particular calendar year as a part of its property tax levy for that same calendar year for
purposes of fixing its budget and for purposes of the property tax levy limits imposed by IC 6-1.1-18.5.
(d) Subject to subsection (e), if a civil taxing unit or school corporation of an adopting county does
not impose a property tax levy that is first due and payable in a calendar year in which property tax
replacement credits are being distributed, the civil taxing unit or school corporation is entitled to use
the property tax replacement credits distributed to the civil taxing unit or school corporation for any
purpose for which a property tax levy could be used.
(e) A school corporation shall treat any property tax replacement credits that the school corporation
receives or is to receive during a particular calendar year as a part of its property tax levy for its debt
service fund, capital projects fund, transportation fund, and school bus replacement fund and special
education preschool fund in proportion to the levy for each of these funds for that same calendar year
for purposes of fixing its budget. A school corporation shall allocate the property tax replacement
credits described in this subsection to all five (5) four (4) funds in proportion to the levy for each fund.
SOURCE: IC 6-5.5-1-2; (09)PD4450.30. -->
SECTION 76. IC 6-5.5-1-2, AS AMENDED BY P.L.223-2007, SECTION 5, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2009 (RETROACTIVE)]: Sec. 2. (a) Except as
provided in subsections (b) through (d), "adjusted gross income" means taxable income as defined in
Section 63 of the Internal Revenue Code, adjusted as follows:
(1) Add the following amounts:
(A) An amount equal to a deduction allowed or allowable under Section 166, Section 585, or
Section 593 of the Internal Revenue Code.
(B) An amount equal to a deduction allowed or allowable under Section 170 of the Internal
Revenue Code.
(C) An amount equal to a deduction or deductions allowed or allowable under Section 63 of
the Internal Revenue Code for taxes based on or measured by income and levied at the state
level by a state of the United States or levied at the local level by any subdivision of a state
of the United States.
(D) The amount of interest excluded under Section 103 of the Internal Revenue Code or under
any other federal law, minus the associated expenses disallowed in the computation of taxable
income under Section 265 of the Internal Revenue Code.
(E) An amount equal to the deduction allowed under Section 172 or 1212 of the Internal
Revenue Code for net operating losses or net capital losses.
(F) For a taxpayer that is not a large bank (as defined in Section 585(c)(2) of the Internal
Revenue Code), an amount equal to the recovery of a debt, or part of a debt, that becomes
worthless to the extent a deduction was allowed from gross income in a prior taxable year
under Section 166(a) of the Internal Revenue Code.
(G) Add 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.
(H) Add 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).
(I) 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.
(J) Add an amount equal to any income not included in gross income as a result of the
deferral of income arising from business indebtedness discharged in connection with the
reacquisition after December 31, 2008, and before January 1, 2011, of an applicable debt
instrument, as provided in Section 108(i) of the Internal Revenue Code. Subtract an amount
necessary to make the adjusted gross income of any taxpayer that added an amount to
adjusted gross income in a previous year to offset the amount included in federal gross
income as a result of the deferral of income arising from business indebtedness discharged
in connection with the reacquisition after December 31, 2008, and before January 1, 2011,
of an applicable debt instrument, as provided in Section 108(i) of the Internal Revenue
Code.
(K) Add the amount necessary to make the adjusted gross income of any taxpayer that
placed qualified restaurant property in service during the taxable year and that was
classified as 15-year property under Section 168(e)(3)(E)(v) of the Internal Revenue
Code equal to the amount of adjusted gross income that would have been computed had
the classification not applied to the property in the year that it was placed in service.
(L) Add the amount necessary to make the adjusted gross income of any taxpayer that
placed qualified retail improvement property in service during the taxable year and that
was classified as 15-year property under Section 168(e)(3)(E)(ix) of the Internal Revenue
Code equal to the amount of adjusted gross income that would have been computed had
the classification not applied to the property in the year that it was placed in service.
(M) Add or subtract the amount necessary to make the adjusted gross income of any
taxpayer that claimed the special allowance for qualified disaster assistance property
under Section 168(n) of the Internal Revenue Code equal to the amount of adjusted gross
income that would have been computed had the special allowance not been claimed for
the property.
(N) Add or subtract the amount necessary to make the adjusted gross income of any
taxpayer that made an election under Section 179C of the Internal Revenue Code to
expense costs for qualified refinery property 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.
(O) Add or subtract the amount necessary to make the adjusted gross income of any
taxpayer that made an election under Section 181 of the Internal Revenue Code to
expense costs for a qualified film or television production 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.
(P) Add an amount equal to any loss that is treated under Section 301 of the Emergency
Economic Stabilization Act of 2008 as an ordinary loss from the sale or exchange of
preferred stock in:
(i) the Federal National Mortgage Association, established under the Federal National
Mortgage Association Charter Act (12 U.S.C. 1716 et seq.); or
(ii) the Federal Home Loan Mortgage Corporation, established under the Federal
Home Loan Mortgage Corporation Act (12 U.S.C. 1451 et seq.).
Subtract an amount necessary to make the adjusted gross income of any taxpayer that
added an amount to adjusted gross income in a previous year to offset the amount
included in federal gross income as a result of any loss that is treated under Section 301
of the Emergency Economic Stabilization Act of 2008 as an ordinary loss from the sale
or exchange of preferred stock described in item (i) or (ii).
(Q) Add an amount equal to any exempt insurance income under Section 953(e) of the
Internal Revenue Code for active financing income under Subpart F, Subtitle A,
Chapter 1, Subchapter N of the Internal Revenue Code.
(2) Subtract the following amounts:
(A) Income that the United States Constitution or any statute of the United States prohibits
from being used to measure the tax imposed by this chapter.
(B) Income that is derived from sources outside the United States, as defined by the Internal
Revenue Code.
(C) An amount equal to a debt or part of a debt that becomes worthless, as permitted under
Section 166(a) of the Internal Revenue Code.
(D) An amount equal to any bad debt reserves that are included in federal income because of
accounting method changes required by Section 585(c)(3)(A) or Section 593 of the Internal
Revenue Code.
(E) 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.
(F) 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).
(G) Income that is:
(i) exempt from taxation under IC 6-3-2-21.7; and
(ii) included in the taxpayer's taxable income under the Internal Revenue Code.
(b) In the case of a credit union, "adjusted gross income" for a taxable year means the total transfers
to undivided earnings minus dividends for that taxable year after statutory reserves are set aside under
IC 28-7-1-24.
(c) In the case of an investment company, "adjusted gross income" means the company's federal
taxable income multiplied by the quotient of:
(1) the aggregate of the gross payments collected by the company during the taxable year from
old and new business upon investment contracts issued by the company and held by residents of
Indiana; divided by
(2) the total amount of gross payments collected during the taxable year by the company from the
business upon investment contracts issued by the company and held by persons residing within
Indiana and elsewhere.
(d) As used in subsection (c), "investment company" means a person, copartnership, association,
limited liability company, or corporation, whether domestic or foreign, that:
(1) is registered under the Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.); and
(2) solicits or receives a payment to be made to itself and issues in exchange for the payment:
(A) a so-called bond;
(B) a share;
(C) a coupon;
(D) a certificate of membership;
(E) an agreement;
(F) a pretended agreement; or
(G) other evidences of obligation;
entitling the holder to anything of value at some future date, if the gross payments received by
the company during the taxable year on outstanding investment contracts, plus interest and
dividends earned on those contracts (by prorating the interest and dividends earned on investment
contracts by the same proportion that certificate reserves (as defined by the Investment Company
Act of 1940) is to the company's total assets) is at least fifty percent (50%) of the company's gross
payments upon investment contracts plus gross income from all other sources except dividends
from subsidiaries for the taxable year. The term "investment contract" means an instrument listed
in clauses (A) through (G).
SOURCE: IC 6-7-1-28.1; (09)PD4450.31. -->
SECTION 77. IC 6-7-1-28.1, AS AMENDED BY P.L.3-2008, SECTION 66, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 28.1. The taxes, registration fees, fines, or
penalties collected under this chapter shall be deposited in the following manner:
(1) Four and twenty-two hundredths percent (4.22%) of the money shall be deposited in a fund
to be known as the cigarette tax fund.
(2) Six-tenths percent (0.6%) of the money shall be deposited in a fund to be known as the mental
health centers fund.
(3) Fifty-three and sixty-eight hundredths percent (53.68%) of the money shall be deposited in
the state general fund.
(4) Five and forty-three hundredths percent (5.43%) of the money shall be deposited into the
pension relief fund established in IC 5-10.3-11.
(5) Twenty-seven and five hundredths percent (27.05%) of the money shall be deposited in the
Indiana check-up plan trust fund established by IC 12-15-44.2-17.
(6) Two and forty-six hundredths percent (2.46%) of the money shall be deposited in the state
general fund for the purpose of paying appropriations for Medicaid_Current Obligations, for
provider reimbursements.
(7)
Four and one-tenth Six and fifty-six hundredths percent
(4.1%) (6.56%) of the money shall
be deposited in the
state general fund for the purpose of paying any appropriation for a health
initiative. state retiree health benefit trust fund established by IC 5-10-8-8.5.
(8) Two and forty-six hundredths percent (2.46%) of the money shall be deposited in the state
general fund for the purpose of reimbursing the state general fund for a tax credit provided under
IC 6-3.1-31.
The money in the cigarette tax fund, the mental health centers fund, the Indiana check-up plan trust
fund, or the pension relief fund at the end of a fiscal year does not revert to the state general fund.
However, if in any fiscal year, the amount allocated to a fund under subdivision (1) or (2) is less than
the amount received in fiscal year 1977, then that fund shall be credited with the difference between
the amount allocated and the amount received in fiscal year 1977, and the allocation for the fiscal year
to the fund under subdivision (3) shall be reduced by the amount of that difference. Money deposited
under subdivisions (6) through
(8) (7) may not be used for any purpose other than the purpose stated
in the subdivision.
SECTION 78. IC 9-20-6-2, AS AMENDED BY P.L.3-2008, SECTION 77, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. (a) The Indiana department of
transportation or local authority that:
(1) has jurisdiction over a highway or street; and
(2) is responsible for the repair and maintenance of the highway or street;
may, upon proper application in writing and upon good cause shown, grant a permit for transporting
heavy vehicles and loads or other objects not conforming to this article, including a vehicle
transporting an ocean going container, if the department or authority finds that other traffic will not
be seriously affected and the highway or bridge will not be seriously damaged.
(b) The permit granted under subsection (a) must authorize the operation of a tractor-semitrailer
and load that:
(1) exceeds the maximum length limitation under this chapter; and
(2) is subject to regulation under this chapter;
from one-half (1/2) hour before sunrise to one-half (1/2) hour after sunset.
(c) A permit may be issued under this section for the following:
(1) A single trip.
(2) A definite time not exceeding thirty (30) days.
(3) A ninety (90) day period.
(4) A one (1) year period.
(d) This subsection applies to the transportation of ocean going containers that:
(1) have been sealed at the place of origin and have not been opened except by an agent of the
federal government that may inspect the contents;
and
(2) originated outside the United States; and
(3) (2) are being transported to or from a distribution facility.
The total gross weight, with load of a vehicle or combination of vehicles transporting an ocean going
container may not exceed ninety ninety-five thousand (90,000) (95,000) pounds. A permit issued
under this section must be issued on an annual basis. A permit issued under this subsection may not
impose a limit on the number of movements generated by the applicant or operator of a vehicle granted
a permit under this subsection.
SECTION 79. IC 12-7-2-189.6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 189.6. "Tamper resistant prescription
drug form", for purposes of IC 12-8-1-14.5, has the meaning set forth in IC 12-8-1-14.5(a).
SOURCE: IC 12-8-1-14.5; (09)MO100175.77. -->
SECTION 80. IC 12-8-1-14.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 14.5. (a) As used in this section, "tamper
resistant prescription drug form" means a prescription drug form that meets the following
conditions:
(1) Prevents the erasure or modification of written instructions.
(2) Prevents counterfeit forms.
(3) Supports the capability of automated validation through a pharmacy claims processing
system.
(b) The office of the secretary may implement and require the use of tamper resistant
prescription drug forms in any health care program administered by the office of the secretary.
(c) The office of the secretary may adopt rules under IC 4-22-2 necessary to implement this
section.
SECTION 81. IC 12-12-8-6, AS AMENDED BY P.L.141-2006, SECTION 52, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 6. (a) There is established a statewide
independent living council. The council is not a part of a state agency.
(b) The council consists of at least twenty (20) members appointed by the governor, including the
following:
(1) Each At least one (1) director of a center for independent living located in Indiana chosen
by the directors of the centers for independent living located in Indiana.
(2) Nonvoting members from state agencies that provide services for individuals with disabilities.
(3) Other members, who may include the following:
(A) Representatives of centers for independent living.
(B) Parents and guardians of individuals with disabilities.
(C) Advocates for individuals with disabilities.
(D) Representatives from private business.
(E) Representatives of organizations that provide services for individuals with disabilities.
(F) Other appropriate individuals.
(c) The members appointed under subsection (b) must:
(1) provide statewide representation;
(2) represent a broad range of individuals with disabilities from diverse backgrounds;
(3) be knowledgeable about centers for independent living and independent living services; and
(4) include a majority of members who:
(A) are individuals with disabilities; and
(B) are not employed by a state agency or a center for independent living.
SOURCE: IC 20-20-13-6; (09)PD4450.32. -->
SECTION 82. IC 20-20-13-6, AS AMENDED BY SEA 27-2009, SECTION 2, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 6. (a) The Senator David C. Ford
educational technology fund is established to extend educational technologies to elementary and
secondary schools. The fund may be used for any of the following:
(1) The 4R's technology grant program to assist school corporations (on behalf of public schools)
in purchasing technology equipment:
(A) for kindergarten and grade 1 students, to learn reading, writing, and arithmetic using
technology;
(B) for students in all grades, to understand that technology is a tool for learning; and
(C) for students in kindergarten through grade 3 who have been identified as needing
remediation, to offer daily remediation opportunities using technology to prevent those
students from failing to make appropriate progress at the particular grade level.
(2) A school technology program developed by the department. The program may include
grants to school corporations for the purchase of:
(A) equipment, hardware, and software;
(B) learning and teaching systems; and
(C) other materials;
that promote student learning, as determined by the department.
(2) (3) Providing educational technologies, including computers in the homes of students.
(3) (4) Conducting educational technology training for teachers. and
(4) (5) Other innovative educational technology programs.
(b) The department may also use money in the fund under contracts entered into with the office of
technology established by IC 4-13.1-2-1 to study the feasibility of establishing an information
telecommunications gateway that provides access to information on employment opportunities, career
development, and instructional services from data bases operated by the state among the following:
(1) Elementary and secondary schools.
(2) Postsecondary educational institutions.
(3) Career and technical educational centers and institutions that are not postsecondary
educational institutions.
(4) Libraries.
(5) Any other agencies offering education and training programs.
(c) The fund consists of:
(1) state appropriations;
(2) private donations to the fund;
(3) money directed to the fund from the corporation for educational technology under
IC 20-20-15; or
(4) any combination of the amounts described in subdivisions (1) through (3).
(d) The fund shall be administered by the department.
(e) Unexpended money appropriated to or otherwise available in the fund at the end of a state fiscal
year does not revert to the state general fund but remains available to the department for use under this
chapter.
(f) Subject to section 7 of this chapter, a school corporation may use money from the school
corporation's capital projects fund as permitted under IC 20-40-8 for educational technology
equipment.
SOURCE: IC 20-20-13-3; (09)PD4450.33. -->
SECTION 83. IC 20-20-13-3, AS ADDED BY P.L.218-2005, SECTION 45, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3. As used in sections 13 through 24 of this
chapter, "school corporation" includes, except as otherwise provided in this chapter, the Indiana
School for the Blind and Visually Impaired established by IC 20-21-2-1, and the Indiana School for
the Deaf established by IC 20-22-2-1, and a charter school established under IC 20-24.
SOURCE: IC 20-20-36.2-4; (09)PD4450.34. -->
SECTION 84. IC 20-20-36.2-4, AS ADDED BY HB 1198-2009, SECTION 120, IS AMENDED
TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. (a) Notwithstanding any other
provision, a school corporation is eligible for a grant under this chapter in a particular year only if for
that year the school corporation's total property tax revenue is expected to be reduced by more than
two three and fifty-four hundredths percent (2%) (3.54%) because of the application of credits in
that year.
(b) Subject to subsection (a), an eligible school corporation is entitled to a grant in:
(1) 2009 equal to the eligible school corporation's circuit breaker replacement amount for
property taxes imposed for the March 1, 2008, and January 15, 2009, assessment dates; and
(2) 2010 equal to the eligible school corporation's circuit breaker replacement amount for
property taxes imposed for the March 1, 2009, and January 15, 2010, assessment dates.
SOURCE: IC 20-20-36.2-5; (09)PD4450.35. -->
SECTION 85. IC 20-20-36.2-5, AS ADDED BY HB 1198-2009, SECTION 120, IS AMENDED
TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5. (a) An eligible school
corporation's circuit breaker replacement amount for 2009 is equal to the result determined under
STEP FOUR of the following formula:
STEP ONE: Determine the amount of credits granted against the eligible school corporation's
combined levy for the eligible school corporation's debt service fund, capital projects fund,
transportation fund, school bus replacement fund, and racial balance fund.
STEP TWO: Determine the sum of the STEP ONE amounts for all eligible school corporations
in Indiana.
STEP THREE: Divide fifty million dollars ($50,000,000) by the STEP TWO amount, rounding
to the nearest ten thousandth (0.0001).
STEP FOUR: Multiply the STEP THREE result by the STEP ONE amount, rounding to the
nearest dollar ($1).
(b) An eligible school corporation is entitled to a grant under this chapter in a calendar year.
Subject to this chapter, the grant is equal to the eligible school corporation's circuit breaker
replacement amount, as determined for the calendar year. An eligible school corporation's circuit
breaker replacement amount for 2010 a calendar year is equal to the result determined under STEP
FOUR THREE of the following formula:
STEP ONE: Determine the amount of credits granted against the eligible school corporation's
combined levy, for the school corporation's debt service fund, capital projects fund, transportation
fund, school bus replacement fund, and racial balance fund, rounded to the nearest dollar ($1).
STEP TWO: Determine the sum of the STEP ONE amounts for all eligible school corporations
in Indiana.
STEP THREE: Divide seventy million dollars ($70,000,000) by the STEP TWO amount,
rounding to the nearest ten thousandth (0.0001).
STEP FOUR: Multiply the STEP THREE result by the STEP ONE amount, rounding to the
nearest dollar ($1). an amount equal to three and fifty-four hundredths percent (3.54%) of
the school corporation's total combined property tax levy for 2010, rounded to the nearest
dollar ($1).
STEP THREE: Determine the greater of:
(A) zero (0); or
(B) the STEP ONE amount minus the STEP TWO amount.
SOURCE: IC 20-20-36.2-11; (09)PD4450.36. -->
SECTION 86. IC 20-20-36.2-11 IS ADDED TO THE INDIANA CODE AS A
NEW SECTION
TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2009 (RETROACTIVE)]:
Sec. 11. Grants
may be made only from Indiana's apportionment of grants to the states from the state fiscal
stabilization fund established by Division A, Title XIV of the federal American Recovery and
Reinvestment Act of 2009. The total of all grants distributed in a year to all school corporations
may not exceed the lesser of:
(1) in:
(A) 2009, twenty-three million nine hundred thirty thousand dollars ($23,930,000);
(B) 2010, sixty-seven million five hundred thirty thousand dollars ($67,530,000); and
(C) 2011, seventy-seven million two hundred ninety thousand dollars ($77,290,000); or
(2) the amount available to the state from Indiana's apportionment of grants to the states
from the state fiscal stabilization fund under Section 14001(d) of Division A, Title XIV of
the federal American Recovery and Reinvestment Act of 2009, after subtracting any
reduction required under IC 20-43-12-7.
SOURCE: IC 20-20-36.2-12; (09)PD4450.37. -->
SECTION 87. IC 20-20-36.2-12 IS ADDED TO THE INDIANA CODE AS A NEW SECTION
TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2009 (RETROACTIVE)]: Sec. 12. If the
total amount to be distributed as grants for a particular year exceeds the amount specified in
section 11 of this chapter for a year, the amount to be distributed for grants to each school
corporation during each of the last six (6) months of the year shall be proportionately reduced
so that the total reductions equal the amount of the excess.
SOURCE: IC 20-20-36.2-13; (09)PD4450.38. -->
SECTION 88. IC 20-20-36.2-13 IS ADDED TO THE INDIANA CODE AS A NEW SECTION
TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2009 (RETROACTIVE)]: Sec. 13. The
amount of the reduction for a particular school corporation under section 12 of this chapter is
equal to the total amount of the excess determined under section 12 of this chapter multiplied
by a fraction. The numerator of the fraction is the amount of the distribution for state fiscal
stabilization fund grants that the school corporation would have received if a reduction were not
made under section 12 of this chapter and this section. The denominator of the fraction is the
total amount that would be distributed for state fiscal stabilization fund grants to all school
corporations if a reduction were not made under section 12 of this chapter and this section.
SOURCE: IC 20-20-36.2-14; (09)PD4450.39. -->
SECTION 89. IC 20-20-36.2-14 IS ADDED TO THE INDIANA CODE AS A NEW SECTION
TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2009 (RETROACTIVE)]: Sec. 14. (a) This
section applies retroactively to January 1, 2009, until the expiration of this section.
(b) Notwithstanding the effective date of HEA 1198-2009, IC 20-20-36.2, as amended by HEA
1001-2009, applies to the distribution of levy replacement grants after December 31, 2008, and
before the passage of HEA 1001-2009. IC 20-20-36, as added by P.L.146-2008, SECTION 456,
does not apply to a distribution described in this section.
(c) This section expires January 1, 2010.
SOURCE: IC 20-20-36.2-15; (09)PD4450.40. -->
SECTION 90. IC 20-20-36.2-15 IS ADDED TO THE INDIANA CODE AS A NEW SECTION
TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 15. This chapter expires January
1, 2012.
SECTION 91. IC 20-23-6-18 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 18. (a) This section applies to a school
corporation with an ADM on June 30, 2009, of less than one hundred (100) students.
(b) Before July 1, 2010, a school corporation to which this section applies shall reorganize by
consolidating with an adjacent school corporation under this chapter.
(c) If the governing body of a school corporation to which this section applies does not comply
with this section before July 1, 2010, the state board shall after June 30, 2010, develop a
reorganization plan for the school corporation and require the governing body to implement the
plan.
SOURCE: IC 20-24-7-11; (09)PD4450.41. -->
SECTION 92. IC 20-24-7-11, AS ADDED BY P.L.246-2005, SECTION 129, IS CORRECTED
AND IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 11. (a) If the
United States Department of Education approves a new competition for states to receive matching
funds for charter school facilities, the department shall pursue this federal funding.
(b) There is appropriated to the department of education ten million dollars ($10,000,000) from
the common school fund interest balance in the state general fund to provide state matching funds for
the federal funding described in subsection (a) for the benefit of charter schools, beginning July 1,
2005, and ending June 30, 2007.
(b) The department shall use the common school fund interest balance to provide state matching
funds for the federal funding described in subsection (a) for the benefit of charter schools.
(c) The department shall develop guidelines and the state board shall adopt rules under IC 4-22-2
necessary to implement this section.
(c) To increase the state's opportunity to receive matching funds from the United States
Department of Education, the department shall develop a facilities incentive grants program
before January 1, 2010.
(d) The department shall use the priority criteria set forth in 21 U.S.C. 7221d(b) and 34 CFR
226.12 through 34 CFR 226.14 to develop the facilities incentive grants program.
SECTION 93. IC 20-24-7-13 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 13. (a) As used in this SECTION,
"virtual charter school" means any charter school, including a conversion charter school, that
provides for the delivery of more than fifty percent (50%) of instruction to students through:
(1) virtual distance learning;
(2) online technologies; or
(3) computer based instruction.
(b) A virtual charter school is not entitled to any funding from the state until the following
requirements are met:
(1) The proposed establishment of the virtual charter school has been reviewed by the state
budget committee.
(2) After the review under subdivision (1) occurs, the department approves the
establishment of the virtual charter school.
(c) If the requirements of subsection (b) are satisfied for a virtual charter school, the virtual
charter school is entitled to receive funding from the state in an amount equal to the product of:
(1) the virtual charter school's ADM; multiplied by
(2) eighty percent (80%) of the statewide average basic tuition support.
SOURCE: IC 20-30-6-1; (09)PD4450.42. -->
SECTION 94. IC 20-30-6-1, AS ADDED BY P.L.1-2005, SECTION 14, IS AMENDED TO READ
AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1.
(a) As used in this section, "qualified
provider" means any of the following:
(1) A school corporation.
(2) An eligible provider (as defined in 20 U.S.C. 9202).
(a) (b) The state board and the state superintendent may prescribe a program of adult education
under this section and the federal Adult Education and Family Literacy Act (20 U.S.C. 9201 et
seq.). The state board shall adopt rules under IC 4-22-2 to provide for this program and to provide for
the state distribution formula for money appropriated by the general assembly for adult education.
Money appropriated by the general assembly for adult education may be used only to reimburse a
school corporation qualified provider for adult education that is provided to individuals who:
(1) need the education to master a skill that leads to:
(A) the completion of grade 8; or
(B) a state of Indiana general educational development (GED) diploma under IC 20-20-6;
(2) need the education to receive high school credit to obtain a high school diploma; or
(3) have graduated from high school (or received a high school equivalency certificate or a state
of Indiana general educational development (GED) diploma) but who demonstrate basic skill
deficiencies in mathematics or English/language arts.
For purposes of reimbursement under this section,
the school corporation a qualified provider may
not count an individual who is also enrolled in
the school corporation's a kindergarten through grade
12 educational program. An individual described in subdivision (3) may be counted for reimbursement
by
the school corporation a qualified provider only for classes taken in mathematics and
English/language arts.
(b) (c) The state board shall provide for reimbursement to a
school corporation qualified provider
under this section for instructor salaries and administrative and support costs. However, the state board
may not allocate more than fifteen percent (15%) of the total appropriation under subsection (a) (b)
for administrative and support costs.
(c) (d) A school corporation qualified provider may conduct a program of adult education.
(d) (e) A school corporation may require an individual who:
(1) is at least sixteen (16) years of age; and
(2) wishes to enroll in a school following the student's expulsion from school under IC 20-33-8
on the grounds that the student was:
(A) disorderly; or
(B) dangerous to persons or property;
to attend evening classes or classes established for students who are at least sixteen (16) years of age.
However, the school corporation shall provide a child with a disability (as defined in IC 20-35-1-2)
who is at least eighteen (18) years of age and whom the school corporation elects to educate with an
appropriate special educational program.
SOURCE: IC 20-33-8.5-5; (09)PD4450.43. -->
SECTION 95. IC 20-33-8.5-5, AS AMENDED BY P.L.234-2007, SECTION 228, IS AMENDED
TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2009 (RETROACTIVE)]: Sec. 5. The
agreement must provide how the expenses of supervising a student who has been suspended or
expelled are funded. A school corporation may not be required to expend an amount in a particular
year that is more than the result of:
(1) the transition to foundation revenue per adjusted school corporation's basic tuition support
(as defined in IC 20-43-1-8) for the year; divided by
(2) the school corporation's current ADM (as defined in IC 20-43-1-29.3) IC 20-43-1-10) for
the year;
for each student referred under the agreement.
SOURCE: IC 20-43-1-1; (09)PD4450.44. -->
SECTION 96. IC 20-43-1-1, AS AMENDED BY P.L.234-2007, SECTION 232, IS AMENDED
TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2009 (RETROACTIVE)]: Sec. 1. This article
expires January 1, 2010. 2012.
SOURCE: IC 20-43-1-8; (09)PD4450.45. -->
SECTION 97. IC 20-43-1-8, AS ADDED BY P.L.2-2006, SECTION 166, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2009 (RETROACTIVE)]: Sec. 8. "Basic tuition
support" means the part of a school corporation's state tuition support for basic programs determined
under IC 20-43-6-5. IC 20-43-6-3.
SOURCE: IC 20-43-1-24.5; (09)PD4450.46. -->
SECTION 98. IC 20-43-1-24.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO
READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2009 (RETROACTIVE)]: Sec. 24.5. "Fiscal
stabilization fund grant" refers to a grant under IC 20-43-12.
SOURCE: IC 20-43-1-31; (09)PD4450.47. -->
SECTION 99. IC 20-43-1-31 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO
READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2009 (RETROACTIVE)]: Sec. 31. For purposes
of the calculation of state tuition support under this article and for purposes of federal
stabilization grants, a school corporation's fiscal year is the calendar year.
SOURCE: IC 20-43-2-2; (09)PD4450.48. -->
SECTION 100. IC 20-43-2-2, AS AMENDED BY P.L.146-2008, SECTION 482, IS AMENDED
TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2009 (RETROACTIVE)]: Sec. 2. The
maximum state distribution
(excluding federal funds under the American Recovery and
Reinvestment Act of 2009) for a calendar year for all school corporations for the purposes described
in section 3 of this chapter is:
(1) three billion eight hundred twelve million five hundred thousand dollars ($3,812,500,000) in
2007;
(2) three billion nine hundred sixty million nine hundred thousand dollars ($3,960,900,000) in
2008; and
(3) (1) six billion
five three hundred
nine thirty-two million
two hundred thousand dollars
($6,509,000,000) ($6,332,200,000) in 2009;
(2) six billion four hundred thirty-one million one hundred thousand dollars
($6,431,100,000) in 2010; and
(3) six billion five hundred sixty-four million two hundred thousand dollars
($6,564,200,000) in 2011.
SOURCE: IC 20-43-3-4; (09)PD4450.50. -->
SECTION 101. IC 20-43-3-4, AS AMENDED BY P.L.146-2008, SECTION 485, IS AMENDED
TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2009 (RETROACTIVE)]: Sec. 4. (a) This
subsection applies to calendar year 2009. A school corporation's previous year revenue equals the
amount determined under STEP TWO of the following formula:
STEP ONE: Determine the sum of the following:
(A) The school corporation's basic tuition support for the year that precedes the current year.
(B) The school corporation's maximum permissible tuition support levy for calendar year
2008.
(C) The school corporation's excise tax revenue for calendar year 2007.
STEP TWO: Subtract from the STEP ONE result an amount equal to the reduction in the school
corporation's state tuition support under any combination of subsection (b), (c), subsection (c),
(d), IC 20-10.1-2-1 (before its repeal), or IC 20-30-2-4.
(b) This subsection applies to calendar years 2010 and 2011. A school corporation's previous
year revenue equals the amount determined under STEP TWO of the following formula:
STEP ONE: Determine the sum of the following:
(A) The school corporation's basic tuition support for the year that precedes the current
year.
(B) The distribution to the school corporation under IC 20-43-11.5 in the year that
precedes the current year to cover the costs of opening a new school facility during the
year that precedes the current year by two (2).
(C) The amount of the annual decrease in federal aid to impacted areas from the year
preceding the ensuing calendar year by three (3) years to the year preceding the ensuing
calendar year by two (2) years.
STEP TWO: Subtract from the STEP ONE result an amount equal to the reduction in the
school corporation's state tuition support under any combination of subsection (c) or
IC 20-30-2-4.
(b) (c) A school corporation's previous year revenue must be reduced if:
(1) the school corporation's state tuition support for special education or career and technical
education is reduced as a result of a complaint being filed with the department after December
31, 1988, because the school program overstated the number of children enrolled in special
education programs or career and technical education programs; and
(2) the school corporation's previous year revenue has not been reduced under this subsection
more than one (1) time because of a given overstatement.
The amount of the reduction equals the amount the school corporation would have received in state
tuition support for special education and career and technical education because of the overstatement.
(c) (d) This section applies only to 2009. A school corporation's previous year revenue must be
reduced if an existing elementary or secondary school located in the school corporation converts to
a charter school under IC 20-24-11. The amount of the reduction equals the product of:
(1) the sum of the amounts distributed to the conversion charter school under IC 20-24-7-3(c) and
IC 20-24-7-3(d) (as effective December 31, 2008); multiplied by
(2) two (2).
SOURCE: IC 20-43-5-3; (09)PD4450.51. -->
SECTION 102. IC 20-43-5-3, AS AMENDED BY P.L.3-2008, SECTION 125, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2009 (RETROACTIVE)]: Sec. 3. A school
corporation's complexity index is determined under the following formula:
STEP ONE: Determine the greater of zero (0) or the result of the following:
(1) Determine the percentage of the school corporation's students who were eligible for free
or reduced price lunches in the school year ending in the later of 2007 2009 or the first year
of operation of the school corporation.
(2) Determine the quotient of:
(A) in 2008:
(i) two thousand two hundred fifty dollars ($2,250); divided by
(ii) four thousand seven hundred ninety dollars ($4,790); and
(B) in 2009:
(i) (A) two thousand four hundred dollars ($2,400); divided by
(ii) (B) four thousand eight hundred twenty-five dollars ($4,825).
(3) Determine the product of:
(A) the subdivision (1) amount; multiplied by
(B) the subdivision (2) amount.
STEP TWO: Determine the result of one (1) plus the STEP ONE result.
STEP THREE: This STEP applies if the STEP TWO result is equal to or greater than at least one
and twenty-five hundredths (1.25). Determine the result of the following:
(1) Subtract one and twenty-five hundredths (1.25) from the STEP TWO result.
(2) Determine the result of:
(A) the STEP TWO result; plus
(B) the subdivision (1) result.
The data to be used in making the calculations under STEP ONE must be the data collected in the
annual pupil enrollment count by the department.
SOURCE: IC 20-43-5-4; (09)PD4450.52. -->
SECTION 103. IC 20-43-5-4, AS AMENDED BY P.L.234-2007, SECTION 244, IS AMENDED
TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2009 (RETROACTIVE)]: Sec. 4. A school
corporation's foundation amount for a calendar year is the result determined under STEP TWO of the
following formula:
STEP ONE: Determine
(A) in 2008, four thousand seven hundred ninety dollars ($4,790); or
(B) in 2009, The STEP ONE amount is four thousand eight hundred twenty-five dollars
($4,825).
STEP TWO: Multiply the STEP ONE amount by the school corporation's complexity index.
SOURCE: IC 20-43-5-5; (09)PD4450.53. -->
SECTION 104. IC 20-43-5-5, AS ADDED BY P.L.2-2006, SECTION 166, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2009 (RETROACTIVE)]: Sec. 5. A school
corporation's previous year revenue foundation amount for a calendar year is equal to the result of:
(1) the school corporation's previous year revenue; divided by
(2) the school corporation's adjusted ADM for the previous year.
SOURCE: IC 20-43-5-6; (09)PD4450.54. -->
SECTION 105. IC 20-43-5-6, AS AMENDED BY P.L.234-2007, SECTION 245, IS AMENDED
TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2009 (RETROACTIVE)]: Sec. 6. (a) This
subsection applies to a charter school that has previous year revenue that is not greater than
zero (0). A charter school's transition to foundation amount for a year is equal to the foundation
amount for the year.
(b) This subsection applies to a school corporation that is not described in subsection (a). A
school corporation's transition to foundation amount for a calendar year is equal to the result
determined under STEP THREE of the following formula:
STEP ONE: Determine the difference of:
(A) the school corporation's foundation amount; minus
(B) the school corporation's previous year revenue foundation amount.
STEP TWO: Divide the STEP ONE result by:
(A) four (4) in 2008; or
(B) (A) three (3) in 2009:
(i) two (2), if the STEP ONE amount for the school corporation is less than zero (0);
and
(ii) three (3), if the STEP ONE amount for the school corporation is at least zero (0);
(B) in 2010:
(i) one (1), if the STEP ONE amount for the school corporation is less than zero (0);
and
(ii) two (2), if the STEP ONE amount for the school corporation is at least zero (0); and
(C) one (1) in 2011.
STEP THREE: A school corporation's STEP THREE amount is the following:
(A) For a charter school located outside Marion County that has previous year revenue that
is not greater than zero (0), the charter school's STEP THREE amount is the quotient of:
(i) the school corporation's transition to foundation revenue for the calendar year where the
charter school is located; divided by
(ii) the school corporation's current ADM.
(B) For a charter school located in Marion County that has previous year revenue that is not
greater than zero (0), the charter school's STEP THREE amount is the weighted average of
the transition to foundation revenue for the school corporations where the students counted
in the current ADM of the charter school have legal settlement, as determined under item (iv)
of the following formula:
(i) Determine the transition to foundation revenue for each school corporation where a
student counted in the current ADM of the charter school has legal settlement.
(ii) For each school corporation identified in item (i), divide the item (i) amount by the
school corporation's current ADM.
(iii) For each school corporation identified in item (i), multiply the item (ii) amount by the
number of students counted in the current ADM of the charter school that have legal
settlement in the particular school corporation.
(iv) Determine the sum of the item (iii) amounts for the charter school.
(C) The STEP THREE amount for a school corporation that is not a charter school described
in clause (A) or (B) is the following:
(i) The school corporation's foundation amount for the calendar year if the STEP ONE
amount is at least negative fifty dollars (-$50) and not more than one hundred dollars
($100).
(ii) For 2009, the school corporation's foundation amount for the calendar year, if the
foundation amount in 2008 equaled the school corporation's transition to foundation revenue
per adjusted ADM in 2008.
(iii) The sum of the school corporation's previous year revenue foundation amount and the
greater of the school corporation's STEP TWO amount or one hundred dollars ($100), if the
school corporation's STEP ONE amount is greater than one hundred dollars ($100).
(iv) The difference determined by subtracting fifty dollars ($50) from the school
corporation's previous year revenue foundation amount, if the school corporation's STEP
ONE amount is less than negative fifty dollars (-$50). Determine the sum of the school
corporation's previous year revenue foundation amount and the school corporation's
STEP TWO amount.
SOURCE: IC 20-43-6-1; (09)PD4450.55. -->
SECTION 106. IC 20-43-6-1, AS ADDED BY P.L.2-2006, SECTION 166, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2009 (RETROACTIVE)]: Sec. 1. Subject to the
amount appropriated by the general assembly for state tuition support and IC 20-43-2, the amount that
a school corporation is entitled to receive in basic tuition support for a year is the amount determined
in section 5 3 of this chapter.
SOURCE: IC 20-43-6-3; (09)PD4450.56. -->
SECTION 107. IC 20-43-6-3, AS AMENDED BY P.L.146-2008, SECTION 488, IS AMENDED
TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2009 (RETROACTIVE)]: Sec. 3. (a) A school
corporation's total regular program basic tuition support for a calendar year is the amount determined
under the applicable provision of this section.
(b) This subsection applies to a school corporation that has transition to foundation revenue per
adjusted ADM amount for a calendar year that is not equal to the school corporation's foundation
amount for the calendar year. The school corporation's total regular program basic tuition support for
a calendar year is equal to the school corporation's transition to foundation revenue amount for the
calendar year multiplied by the school corporation's current ADM.
(c) This subsection applies to a school corporation that has transition to foundation revenue per
adjusted ADM amount for a calendar year that is equal to the school corporation's foundation amount
for the calendar year. The school corporation's total regular program basic tuition support for a
calendar year is the sum of the following:
(1) The school corporation's foundation amount for the calendar year multiplied by the school
corporation's adjusted current ADM. for the current year.
(2) The amount of the annual decrease in federal aid to impacted areas from the year preceding
the ensuing calendar year by three (3) years to the year preceding the ensuing calendar year by
two (2) years.
(3) The distribution to the school corporation under IC 20-43-11.5 in the current year to
cover the costs of opening a new school facility during the year that immediately precedes
the current year.
(d) This subsection applies to a virtual charter school. A virtual charter school's basic tuition
support for a year is the amount determined under IC 20-24-7-13.
SOURCE: IC 20-43-7-6; (09)PD4450.57. -->
SECTION 108. IC 20-43-7-6, AS AMENDED BY P.L.234-2007, SECTION 252, IS AMENDED
TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2009 (RETROACTIVE)]: Sec. 6. A school
corporation's special education grant for a calendar year is equal to the sum of the following:
(1) The nonduplicated count of pupils in programs for severe disabilities multiplied by
(A) in 2008, eight thousand three hundred dollars ($8,300); and
(B) in 2009, eight thousand three hundred fifty dollars ($8,350).
(2) The nonduplicated count of pupils in programs of mild and moderate disabilities multiplied
by
(A) in 2008, two thousand two hundred fifty dollars ($2,250); and
(B) in 2009, two thousand two hundred sixty-five dollars ($2,265).
(3) The duplicated count of pupils in programs for communication disorders multiplied by
(A) in 2008, five hundred thirty-one dollars ($531); and
(B) in 2009, five hundred thirty-three dollars ($533).
(4) The cumulative count of pupils in homebound programs multiplied by
(A) in 2008, five hundred thirty-one dollars ($531); and
(B) in 2009, five hundred thirty-three dollars ($533).
(5) The nonduplicated count of pupils in special preschool education programs multiplied
by two thousand seven hundred fifty dollars ($2,750).
SOURCE: IC 20-43-9-4; (09)PD4450.58. -->
SECTION 109. IC 20-43-9-4, AS AMENDED BY P.L.234-2007, SECTION 253, IS AMENDED
TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2009 (RETROACTIVE)]: Sec. 4. For
purposes of computation under this chapter, the following shall be used:
(1) The staff cost amount for a school corporation
(A) in 2008, is seventy-two thousand dollars ($72,000); and
(B) in 2009, is seventy-four thousand five hundred dollars ($74,500).
(2) The guaranteed primetime amount for a school corporation is the primetime allocation, before
any penalty is assessed under this chapter, that the school corporation would have received under
this chapter for the 1999 calendar year or the first year of participation in the program, whichever
is later.
(3) The following apply to determine whether amounts received under this chapter have been
devoted to reducing class size in kindergarten through grade 3 as required by section 2 of this
chapter:
(A) Except as permitted under section 8 of this chapter, only a licensed teacher who is an
actual classroom teacher in a regular instructional program is counted as a teacher.
(B) If a school corporation is granted approval under section 8 of this chapter, the school
corporation may include as one-third (1/3) of a teacher each classroom instructional aide who
meets qualifications and performs duties prescribed by the state board.
SOURCE: IC 20-43-9-6; (09)PD4450.59. -->
SECTION 110. IC 20-43-9-6, AS AMENDED BY P.L.234-2007, SECTION 254, IS AMENDED
TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2009 (RETROACTIVE)]: Sec. 6. A school
corporation's primetime distribution for a calendar year under this chapter is the amount determined
by the following formula:
STEP ONE: Determine the applicable target pupil/teacher ratio for the school corporation as
follows:
(A) If the school corporation's complexity index is less than one and one-tenth (1.1), the
school corporation's target pupil/teacher ratio is eighteen to one (18:1).
(B) If the school corporation's complexity index is at least one and one-tenth (1.1) but less
than one and two-tenths (1.2), the school corporation's target pupil/teacher ratio is fifteen (15)
plus the result determined in item (iii) to one (1):
(i) Determine the result of one and two-tenths (1.2) minus the school corporation's
complexity index.
(ii) Determine the item (i) result divided by one-tenth (0.1).
(iii) Determine the item (ii) result multiplied by three (3).
(C) If the school corporation's complexity index is at least one and two-tenths (1.2), the school
corporation's target pupil/teacher ratio is fifteen to one (15:1).
STEP TWO: Determine the result of:
(A) the ADM of the school corporation in kindergarten through grade 3 for the current school
year; divided by
(B) the school corporation's applicable target pupil/teacher ratio, as determined in STEP ONE.
STEP THREE: Determine the result of:
(A) the total regular program basic tuition support for the year multiplied by seventy-five
hundredths (0.75); divided by
(B) the school corporation's total ADM.
STEP FOUR: Determine the result of:
(A) the STEP THREE result; multiplied by
(B) the ADM of the school corporation in kindergarten through grade 3 for the current school
year.
STEP FIVE: Determine the result of:
(A) the STEP FOUR result; divided by
(B) the staff cost amount.
STEP SIX: Determine the greater of zero (0) or the result of:
(A) the STEP TWO amount; minus
(B) the STEP FIVE amount.
STEP SEVEN: Determine the result of:
(A) the STEP SIX amount; multiplied by
(B) the staff cost amount.
STEP EIGHT: Determine the greater of the STEP SEVEN amount or the school corporation's
guaranteed primetime amount.
STEP NINE: A school corporation's amount under this STEP is the following:
(A) If the amount the school corporation received under this chapter in the previous calendar
year is greater than zero (0), the amount under this STEP is the lesser of:
(i) the STEP EIGHT amount; or
(ii) the amount the school corporation received under this chapter for the previous calendar
year multiplied by one hundred seven and one-half percent (107.5%).
(B) If the amount the school corporation received under this chapter in the previous calendar
year is not greater than zero (0), the amount under this STEP is the STEP EIGHT amount.
SOURCE: IC 20-43-11.5-1; (09)PD4450.60. -->
SECTION 111. IC 20-43-11.5-1, AS ADDED BY P.L.146-2008, SECTION 490, IS AMENDED
TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. (a) A school corporation may appeal
to the department of local government finance under IC 6-1.1-19 for a new facility adjustment to
increase the school corporation's tuition support distribution for the following year. by the amount
described in section 2 of this chapter.
(b) Upon the demonstration by the school corporation to the department of local government
finance that an adjustment is necessary to pay increased costs to open:
(1) a new school facility; or
(2) an existing facility that has not been used for at least three (3) years and that is being reopened
to provide additional classroom space;
the department of local government finance may grant the appeal. If the department of local
government finance grants an appeal, it shall determine the amount of the new facility adjustment to
be distributed to the school corporation under this chapter. In determining the amount of a new facility
adjustment, the department of local government finance shall consider the extent to which a part of
tuition support distributions offsets any increased costs described in subdivision (1) or (2).
SOURCE: IC 20-43-11.5-2; (09)PD4450.61. -->
SECTION 112. IC 20-43-11.5-2, AS ADDED BY P.L.146-2008, SECTION 490, IS AMENDED
TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. (a) If a school corporation's appeal
under this chapter is granted, the department shall, subject to amounts appropriated, distribute to the
school corporation the amount of the new facility adjustment approved by the department. of local
government finance.
(b) A new facility adjustment is in addition to the amount of the state tuition support distribution
to which the school corporation is otherwise entitled under this article.
SOURCE: IC 20-43-12; (09)PD4450.62. -->
SECTION 113. IC 20-43-12 IS ADDED TO THE INDIANA CODE AS A
NEW CHAPTER TO
READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2009 (RETROACTIVE)]:
Chapter 12. Fiscal Stabilization Fund Grant
Sec. 1. A school corporation is entitled to a fiscal stabilization fund grant.
Sec. 2. Subject to section 4 of this chapter, the amount of the fiscal stabilization fund grant
to which a school corporation is entitled in a year is equal to the result determined under STEP
SIX of the following formula:
STEP ONE: Determine the school corporation's basic tuition support for the current year.
STEP TWO: Determine the amount of the basic tuition support to which the school
corporation would have been entitled for the 2009 year if:
(A) the school corporation's basic tuition support had been computed using the formula
for computing basic tuition support for 2009 as that formula existed after the
amendments made by P.L.146-2008; and
(B) the changes made to this article in the 2009 session of the general assembly were not
applied.
STEP THREE: For 2010 and 2011, determine the sum of:
(A) the STEP TWO amount divided by the school corporation's 2009 ADM; plus
(B) two hundred seventy-five dollars ($275) for 2010 and four hundred twenty-five
dollars ($425) for 2011.
STEP FOUR: Determine the result of:
(A) the school corporation's STEP THREE amount; multiplied by
(B) the school corporation's ADM for the current year.
STEP FIVE: For 2009, determine the STEP TWO amount, and for 2010 and 2011
determine the lesser of:
(A) the STEP FOUR amount; or
(B) the STEP TWO amount.
STEP SIX: Determine the greater of zero (0) or the result of:
(A) the STEP FIVE amount; minus
(B) the STEP ONE amount.
Sec. 3. Fiscal stabilization fund grants may be made only from Indiana's allocation of grants
to the states from the state fiscal stabilization fund under Section 14001(d) of Division A, Title
XIV of the federal American Recovery and Reinvestment Act of 2009. The total of all grants
distributed in a year to all school corporations may not exceed the lesser of the following:
(1) in:
(A) 2009, one hundred fifty-five million dollars ($155,000,000);
(B) 2010, one hundred seventy-eight million one hundred thousand dollars
($178,100,000); and
(C) 2011, one hundred eighty-three million seven hundred thousand
dollars
($183,700,000); or
(2) the amount available to the state from Indiana's apportionment of grants to the states
from the state fiscal stabilization fund under Section 14001(d) of Division A, Title XIV of
the federal American Recovery and Reinvestment Act of 2009, after subtracting any
reduction required under section 7 of this chapter.
Sec. 4. If the total amount to be distributed as fiscal stabilization fund grants for a particular
year exceeds in a year the amount specified in section 3 of this chapter for the year, the amount
to be distributed for fiscal stabilization fund grants to each school corporation during each of
the last six (6) months of the year shall be proportionately reduced so that the total reductions
equal the amount of the excess.
Sec. 5. The amount of a reduction for a particular school corporation under section 4 of this
chapter is equal to the total amount of the excess determined under section 4 of this chapter
multiplied by a fraction. The numerator of the fraction is the amount of the distribution for
fiscal stabilization fund grants that the school corporation would have received if reduction were
not required under section 4 of this chapter. The denominator of the fraction is the total amount
that would be distributed for fiscal stabilization fund grants to all school corporations if
reductions were not required under section 4 of this chapter.
Sec. 6. A reduction in distributions under section 4 of this chapter shall be made before
making any additional reductions required under IC 20-43-2-3 and IC 20-43-2-4.
Sec. 7. (a) If the total amount to be distributed under:
(1) section 3 of this chapter for fiscal stabilization fund grants;
(2) IC 20-20-36.2-11 for circuit breaker replacement grants; and
(3) any appropriations to state educational institutions that are payable from the amount
available from Indiana's apportionment of grants to the states from the state fiscal
stabilization fund established by Division A, Title XIV of the federal American Recovery
and Reinvestment Act of 2009;
exceeds the total amount available from Indiana's apportionment of grants to the states from
the state fiscal stabilization fund under Section 14001(d) of Division A, Title XIV of the federal
American Recovery and Reinvestment Act of 2009, as determined by the budget agency with the
approval of the governor, the total amount to be distributed for fiscal stabilization fund grants
shall be reduced to the extent required under subsection (b).
(b) If a shortfall exists in the amount needed to fund all distributions described in subsection
(a), the budget agency, with the approval of the governor, shall reduce the total of all
distributions described in subsection (a) by the amount necessary to eliminate the excess. The
reductions shall be allocated by the budget agency with the approval of the governor among the
three (3) categories of distributions described in subsection (a)(1), (a)(2), and (a)(3) as follows:
(1) The distributions shall be reduced in a manner that complies with Section
14002(a)(2)(B) of Division A, Title XIV of the federal American Recovery and Reinvestment
Act of 2009.
(2) To the extent permitted under subdivision (1), the:
(A) distributions to state educational institutions shall be proportionally reduced first
by the amount necessary to eliminate the shortfall before reducing any distribution
described in subsection (a)(1) or (a)(2); and
(B) if any shortfall remains after complying with clause (A), distributions described in
subsection (a)(2) shall be reduced as necessary to eliminate the shortfall before reducing
any distribution described in subsection (a)(1).
SOURCE: IC 20-49-1-3; (09)PD4450.69. -->
SECTION 114. IC 20-49-1-3, AS AMENDED BY P.L.234-2007, SECTION 265, IS AMENDED
TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2009 (RETROACTIVE)]: Sec. 3. "Transition
to foundation revenue "Basic tuition support per adjusted ADM" has the meaning set forth in
IC 20-43-1-29.3. means the result of:
(1) a school corporation's basic tuition support (as defined in IC 20-43-1-8) for a year;
divided by
(2) the school corporation's current ADM for the year.
SOURCE: IC 20-49-7-10; (09)PD4450.70. -->
SECTION 115. IC 20-49-7-10, AS AMENDED BY P.L.234-2007, SECTION 266, IS AMENDED
TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2009 (RETROACTIVE)]: Sec. 10. The
amount of an advance for operational costs may not exceed the amount determined under STEP
THREE of the following formula:
STEP ONE: Determine the product of:
(A) the charter school's enrollment reported under IC 20-24-7-2(a); multiplied by
(B) the charter school's transition to foundation revenue basic tuition support per adjusted
ADM.
STEP TWO: Determine the quotient of:
(A) the STEP ONE amount; divided by
(B) two (2).
STEP THREE: Determine the product of:
(A) the STEP TWO amount; multiplied by
(B) one and fifteen-hundredths (1.15).
SOURCE: IC 20-49-7-11; (09)PD4450.71. -->
SECTION 116. IC 20-49-7-11, AS AMENDED BY P.L.234-2007, SECTION 267, IS AMENDED
TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2009 (RETROACTIVE)]: Sec. 11. The
amount of an advance for operational costs may not exceed the amount determined under STEP FOUR
THREE of the following formula:
STEP ONE: Determine the quotient of:
(A) the charter school's transition to foundation revenue basic tuition support per adjusted
ADM; divided by
(B) two (2).
STEP TWO: Determine the difference between:
(A) the charter school's current ADM; minus
(B) the charter school's ADM of the previous year.
STEP THREE: Determine the product of:
(A) the STEP ONE amount; multiplied by
(B) the STEP TWO amount.
STEP FOUR: Determine the product of:
(A) the STEP THREE amount; multiplied by
(B) one and fifteen-hundredths (1.15).
SECTION 117. IC 20-49-7-21 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 21. (a) A charter school, including a
conversion charter school, that has received an advance for operational costs from the common
school fund under this chapter does not have to make principal or interest payments during the
state fiscal year beginning:
(1) July 1, 2009; and
(2) July 1, 2010;
notwithstanding contrary terms in the charter school and state board advance agreement.
(b) The repayment term of the advance shall be extended by two (2) years to provide for the
waiver even though it may make the repayment term for the advance longer than twenty (20)
years.
SOURCE: IC 20-51; (09)PD4450.72. -->
SECTION 118. IC 20-51 IS ADDED TO THE INDIANA CODE AS A
NEW ARTICLE TO READ
AS FOLLOWS [EFFECTIVE UPON PASSAGE]:
ARTICLE 51. SCHOOL SCHOLARSHIPS
Chapter 1. Definitions
Sec. 1. The definitions in this chapter apply throughout this article.
Sec. 2. "Agreement" refers to an agreement between the department of state revenue and an
applicant that applies for certification of a school scholarship program.
Sec. 3. "Contribution" refers to a contribution to a scholarship granting organization for use
in a school scholarship program.
Sec. 4. (a) "Cost of education" means the tuition and fees that would otherwise be charged
by a participating school to:
(1) an eligible student; or
(2) a parent of an eligible student.
(b) In the case of an eligible pupil who attends a public school, the term includes any transfer
tuition charged to the eligible student or a parent of the eligible student.
Sec. 5. "Eligible student" refers to an individual who:
(1) has legal settlement in Indiana;
(2) is at least five (5) years of age and less than twenty-two (22) years of age on the date in
the school year specified in IC 20-33-2-7;
(3) either has been or is currently enrolled in a participating school;
(4) either:
(A) is a member of a household with an annual income of not more than two hundred
percent (200%) of the amount required for the individual to qualify for the federal free
or reduced price lunch program; or
(B) received a scholarship under this article in the immediately preceding school year
or the immediately preceding term of the current school year and qualified under clause
(A) in the first year that the individual received a scholarship under this article; and
(5) meets at least one (1) of the following conditions:
(A) The individual is enrolling in kindergarten.
(B) The individual was enrolled in a public school during the school year preceding the
first school year for which a scholarship granting organization provides a scholarship
to the individual.
(C) The individual received a scholarship in the previous year from a nonprofit
scholarship granting organization that qualifies for certification as a school scholarship
program.
(D) The individual received a school scholarship for the previous school year.
Sec. 6. (a) "Participating school" refers to a public or nonpublic school that:
(1) an eligible student is required to pay tuition or transfer tuition to attend;
(2) voluntarily agrees to enroll an eligible student;
(3) is accredited by either the state board or a national or regional accreditation agency that
is recognized by the state board; and
(4) administers the tests under the Indiana statewide testing for educational progress
(ISTEP) program or administers another nationally recognized and norm referenced
assessment of the school's students.
(b) The term does not include a public school in a school corporation where the eligible
student has legal settlement under IC 20-26-11.
Sec. 7. "Scholarship granting organization" refers to an organization that:
(1) is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue
Code; and
(2) is organized at least in part to grant school scholarships.
Sec. 8. "School scholarship" refers to a grant to pay only the cost of education for an eligible
student as determined for the school year for which the scholarship will be granted.
Chapter 2. Exchange of Information; Rules
Sec. 1. The department of state revenue shall maintain a publicly available list of the school
scholarship programs certified by the department of state revenue. The list must contain names,
addresses, and any other information that the department of state revenue determines is
necessary for the public to determine which scholarship granting organizations conduct school
scholarship programs. A current list must be posted on an Internet web site used by the
department of state revenue to provide information to the public.
Chapter 3. Scholarship Granting Organizations; Certification; Administration of
Contributions
Sec. 1. (a) A program qualifies for certification as a school scholarship program if:
(1) the program:
(A) is administered by a scholarship granting organization; and
(B) has the primary purpose of providing school scholarships to eligible students; and
(2) the scholarship granting organization administering the program:
(A) applies to the department of state revenue on the form and in the manner prescribed
by the department of state revenue; and
(B) enters into an agreement with the department of state revenue to comply with this
article.
(b) A program may not be certified as a school scholarship program if the program:
(1) limits a recipient of a school scholarship to attending specific participating schools; or
(2) limits the ability of a recipient of a school scholarship to change attendance from one
(1) participating school to another participating school.
Sec. 2. The department of state revenue shall certify all programs that meet the qualifications
under section 1 of this chapter as school scholarship programs.
Sec. 3. An agreement entered into under section 1 of this chapter between the department of
state revenue and a scholarship granting organization must require the scholarship granting
organization to do the following:
(1) Provide a receipt to taxpayers for contributions made to the scholarship granting
organization that will be used in a school scholarship program. The department of state
revenue shall prescribe a standardized form for the receipt issued under this subdivision.
The receipt must indicate the value of the contribution and portion of the contribution
being designated for use in a school scholarship program.
(2) Distribute at least ninety percent (90%) of the total amount of contributions as school
scholarships to eligible students.
(3) Distribute one hundred percent (100%) of any income earned on contributions as school
scholarships to eligible students.
(4) Conduct criminal background checks on all the scholarship granting organization's
employees and board members and exclude from employment or governance any individual
who might reasonably pose a risk to the appropriate use of contributed funds.
(5) Make the reports required by this chapter.
Sec. 4. An agreement entered into under section 1 of this chapter may not prohibit a
scholarship granting organization from receiving contributions other than contributions
described in section 3(1) of this chapter.
Sec. 5. An agreement entered into under section 1 of this chapter must prohibit a scholarship
granting organization from distributing school scholarships for use by an eligible student to:
(1) enroll in a school that has:
(A) paid staff or board members; or
(B) relatives of paid staff or board members;
in common with the scholarship granting support organization;
(2) enroll in a school that the scholarship granting organization knows does not qualify as
a participating school; or
(3) pay for the cost of education for a public school where the eligible student is entitled to
enroll without the payment of tuition.
Sec. 6. (a) A scholarship granting organization certified under this chapter must publicly
report to the department of state revenue by August 1 of each year the following information
regarding the organization's scholarships awarded in the previous school year:
(1) The name and address of the scholarship granting organization.
(2) The total number and total dollar amount of contributions received during the previous
school year.
(3) The:
(A) total number and total dollar amount of scholarships awarded during the previous
school year; and
(B) total number and total dollar amount of school scholarships awarded during the
previous school year.
The report must be certified under penalties of perjury by the chief executive officer of the
scholarship granting organization.
(b) A scholarship granting organization certified under this chapter shall contract with an
independent certified public accountant for an annual financial audit of the scholarship granting
organization. The scholarship granting organization must provide a copy of the annual financial
audit to the department and must make the annual financial audit available to a member of the
public upon request.
Sec. 7. The department of state revenue shall prescribe a standardized form for scholarship
granting organizations to report information required under this chapter.
Sec. 8. The department of state revenue may, in a proceeding under IC 4-21.5, suspend or
terminate the certification of an organization as a scholarship granting organization if the
department of state revenue establishes that the scholarship granting organization has
intentionally and substantially failed to comply with the requirements of this article or an
agreement entered into under this article.
Sec. 9. If the department of state revenue suspends or terminates the certification of an
organization as a scholarship granting organization, the department of state revenue shall notify
affected eligible students and their parents of the decision as quickly as possible. An eligible
student affected by a suspension or termination of a scholarship granting organization's
certification shall remain an eligible student under this article until the end of the school year
after the school year in which the scholarship granting organization's certification is suspended
or terminated, regardless of whether the scholarship student currently meets the definition of
an eligible student.
Sec. 10. The department of state revenue may conduct either a financial review or an audit
of a scholarship granting organization certified under this chapter if the department of state
revenue has evidence of fraud.
Sec. 11. The department of state revenue shall adopt rules under IC 4-22-2 to implement this
article.
SECTION 119. IC 21-29-3-3, AS ADDED BY P.L.2-2007, SECTION 270, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3. (a) Subject to subsections (b) through
(d), any state educational institution may enter into and modify, amend, or terminate one (1) or more
swap agreements that the state educational institution determines to be necessary or desirable in
connection with or incidental to the issuance, carrying, or securing of obligations. Swap agreements
entered into by a state educational institution must:
(1) contain the provisions (including payment, term, security, default, and remedy provisions);
and
(2) be with the parties;
that the state educational institution determines are necessary or desirable after due consideration is
given to the creditworthiness of the parties.
(b) A state educational institution may not:
(1) enter into, modify, amend, or terminate any swap agreement without the specific
approval of the public finance director appointed under IC 4-4-11-9;
(1) (2) enter into any swap agreement under this section other than for the purpose of managing
an interest rate or similar risk that arises in connection with or incidental to the issuance,
carrying, or securing of obligations by the state educational institution; or
(2) (3) carry on a business of acting as a dealer in swap agreements.
(c) A swap agreement is considered as being entered into in connection with or incidental to the
issuance, carrying, or securing of obligations if:
(1) the swap agreement is entered into not more than one hundred eighty (180) days after the
issuance of the obligations and specifically indicates the agreement's relationship to the
obligations;
(2) the board of trustees of the state educational institution specifically designates the swap
agreement as having a relationship to the particular obligations;
(3) the swap agreement amends, modifies, or reverses a swap agreement described in subdivision
(1) or (2); or
(4) the terms of the swap agreement bear a reasonable relationship to the terms of the obligations.
(d) Payments to be made by a state educational institution to any other party under a swap
agreement are payable only from the same source or sources of funds from which the related
obligations are payable.
SOURCE: IC 33-24-6-12; (09)PD4450.73. -->
SECTION 120. IC 31-19-19-2, AS AMENDED BY P.L.145-2006, SECTION 254, IS AMENDED
TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. (a) All files and records pertaining
to the adoption proceedings in:
(1) the county office of family and children;
(2) (1) the department; or
(3) (2) any of the licensed child placing agencies;
are confidential and open to inspection only as provided in IC 31-19-13-2(2), IC 31-19-17, or
IC 31-19-25.
(b) The files and records described in subsection (a), including investigation records under
IC 31-19-8-5 (or IC 31-3-1-4 before its repeal):
(1) are open to the inspection of the court hearing the petition for adoption; and
(2) on order of the court, may be:
(A) introduced into evidence; and
(B) made a part of the record;
in the adoption proceeding.
SOURCE: IC 31-25-5; (09)MO100161.117. -->
SECTION 121. IC 31-25-5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]:
Chapter 5. Cooperation With Department of Child Services Ombudsman
Sec. 1. As used in this chapter, "ombudsman" refers to the office of the department of child
services ombudsman established within the Indiana department of administration by
IC 4-13-19-3. The term includes an employee of the office of the department of child services
ombudsman or an individual approved by the office of the department of child services
ombudsman to investigate and resolve complaints regarding the health and safety of a child.
Sec. 2. The department and the juvenile court with jurisdiction over a child shall provide the
ombudsman with:
(1) appropriate access to all records of the department concerning the child, excluding
adoption records, but including all records of the department related to vendors and
contractors; and
(2) immediate access, without prior notice, to any facility in which the child is placed or is
receiving services funded by the department.
SOURCE: IC 31-27-3-18; (09)MO100161.118. -->
SECTION 122. IC 31-27-3-18, AS AMENDED BY P.L.138-2007, SECTION 49, IS AMENDED
TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 18. (a) A licensee shall keep records
regarding each child in the control and care of the licensee as the department requires and shall report
to the department upon request the facts the department requires with reference to children.
(b) The department shall keep records regarding children and facts learned about children and the
children's parents or relatives confidential.
(c) The following have access to records regarding children and facts learned about children:
(1) A state agency involved in the licensing of the child caring institution.
(2) A legally mandated child protection agency.
(3) A law enforcement agency.
(4) An agency having the legal responsibility to care for a child placed at the child caring
institution.
(5) The parent, guardian, or custodian of the child at the child caring institution.
(6) A citizen review panel established under IC 31-25-2-20.4.
(7) The office of the department of child services ombudsman established by IC 4-13-19-3.
SOURCE: IC 31-27-4-21; (09)MO100161.119. -->
SECTION 123. IC 31-27-4-21, AS AMENDED BY P.L.138-2007, SECTION 54, IS AMENDED
TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 21. (a) A licensee shall keep records
required by the department regarding each child in the control and care of the licensee and shall report
to the department upon request the facts the department requires with reference to children.
(b) The department shall keep records regarding children and facts learned about children and the
children's parents or relatives confidential.
(c) The following have access to records regarding children and facts learned about children:
(1) A state agency involved in the licensing of the foster family home.
(2) A legally mandated child protection agency.
(3) A law enforcement agency.
(4) An agency having the legal responsibility to care for a child placed at the foster family home.
(5) The parent, guardian, or custodian of the child at the foster family home.
(6) A citizen review panel established under IC 31-25-2-20.4.
(7) The office of the department of child services ombudsman established by IC 4-13-19-3.
SOURCE: IC 31-27-5-18; (09)MO100161.120. -->
SECTION 124. IC 31-27-5-18, AS AMENDED BY P.L.138-2007, SECTION 58, IS AMENDED
TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 18. (a) A licensee shall keep records
required by the department regarding each child in the control and care of the licensee and shall report
to the department, upon request, the facts the department requires with reference to children.
(b) The department shall keep records regarding children and facts learned about children and the
children's parents or relatives confidential.
(c) The following have access to records regarding children and facts learned about children:
(1) A state agency involved in the licensing of the group home.
(2) A legally mandated child protection agency.
(3) A law enforcement agency.
(4) An agency having the legal responsibility to care for a child placed at the group home.
(5) The parent, guardian, or custodian of the child at the group home.
(6) A citizen review panel established under IC 31-25-2-20.4.
(7) The office of the department of child services ombudsman established by IC 4-13-19-3.
SOURCE: IC 31-27-6-15; (09)MO100161.121. -->
SECTION 125. IC 31-27-6-15, AS AMENDED BY P.L.138-2007, SECTION 62, IS AMENDED
TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 15. (a) A licensee shall keep records
required by the department regarding each child in the control and care of the licensee and shall report
to the department upon request the facts the department requires with reference to children.
(b) The department shall keep records regarding children and facts learned about children and the
children's parents or relatives confidential.
(c) The following have access to records regarding children and facts learned about children:
(1) A state agency involved in the licensing of the child placing agency.
(2) A legally mandated child protection agency.
(3) A law enforcement agency.
(4) A citizen review panel established under IC 31-25-2-20.4.
(5) The office of the department of child services ombudsman established by IC 4-13-19-3.
SOURCE: IC 31-33-18-1; (09)MO100161.122. -->
SECTION 126. IC 31-33-18-1, AS AMENDED BY P.L.145-2006, SECTION 283, IS AMENDED
TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. (a) Except as provided in section 1.5
of this chapter, the following are confidential:
(1) Reports made under this article (or IC 31-6-11 before its repeal).
(2) Any other information obtained, reports written, or photographs taken concerning the reports
in the possession of:
(A) the division of family resources;
(B) the county office; or
(C) the department; or
(D) the office of the department of child services ombudsman established by
IC 4-13-19-3.
(b) Except as provided in section 1.5 of this chapter, all records held by:
(1) the division of family resources;
(2) a county office;
(3) the department;
(4) a local child fatality review team established under IC 31-33-24; or
(5) the statewide child fatality review committee established under IC 31-33-25; or
(6) the office of the department of child services ombudsman established by IC 4-13-19-3;
regarding the death of a child determined to be a result of abuse, abandonment, or neglect are
confidential and may not be disclosed.
SOURCE: IC 31-33-18-1.5; (09)MO100161.123. -->
SECTION 127. IC 31-33-18-1.5, AS AMENDED BY P.L.145-2006, SECTION 284, IS
AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1.5. (a) This section
applies to records held by:
(1) the division of family resources;
(2) a county office;
(3) the department;
(4) a local child fatality review team established under IC 31-33-24; or
(5) the statewide child fatality review committee established under IC 31-33-25; or
(6) the office of the department of child services ombudsman established by IC 4-13-19-3;
regarding a child whose death or near fatality may have been the result of abuse, abandonment, or
neglect.
(b) For purposes of subsection (a), a child's death or near fatality may have been the result of abuse,
abandonment, or neglect if:
(1) an entity described in subsection (a) determines that the child's death or near fatality is the
result of abuse, abandonment, or neglect; or
(2) a prosecuting attorney files:
(A) an indictment or information; or
(B) a complaint alleging the commission of a delinquent act;
that, if proven, would cause a reasonable person to believe that the child's death or near fatality
may have been the result of abuse, abandonment, or neglect.
Upon the request of any person, or upon its own motion, the court exercising juvenile jurisdiction in
the county in which the child's death or near fatality occurred shall determine whether the allegations
contained in the indictment, information, or complaint described in subdivision (2), if proven, would
cause a reasonable person to believe that the child's death or near fatality may have been the result of
abuse, abandonment, or neglect.
(c) As used in this section:
(1) "identifying information" means information that identifies an individual, including an
individual's:
(A) name, address, date of birth, occupation, place of employment, and telephone number;
(B) employer identification number, mother's maiden name, Social Security number, or any
identification number issued by a governmental entity;
(C) unique biometric data, including the individual's fingerprint, voice print, or retina or iris
image;
(D) unique electronic identification number, address, or routing code;
(E) telecommunication identifying information; or
(F) telecommunication access device, including a card, a plate, a code, an account number, a
personal identification number, an electronic serial number, a mobile identification number,
or another telecommunications service or device or means of account access; and
(2) "near fatality" has the meaning set forth in 42 U.S.C. 5106a.
(d) Unless information in a record is otherwise confidential under state or federal law, a record
described in subsection (a) that has been redacted in accordance with this section is not confidential
and may be disclosed to any person who requests the record. The person requesting the record may
be required to pay the reasonable expenses of copying the record.
(e) When a person requests a record described in subsection (a), the entity having control of the
record shall immediately transmit a copy of the record to the court exercising juvenile jurisdiction in
the county in which the death or near fatality of the child occurred. However, if the court requests that
the entity having control of a record transmit the original record, the entity shall transmit the original
record.
(f) Upon receipt of the record described in subsection (a), the court shall, within thirty (30) days,
redact the record to exclude:
(1) identifying information described in subsection (c)(1)(B) through (c)(1)(F) of a person; and
(2) all identifying information of a child less than eighteen (18) years of age.
(g) The court shall disclose the record redacted in accordance with subsection (f) to any person who
requests the record, if the person has paid:
(1) to the entity having control of the record, the reasonable expenses of copying under
IC 5-14-3-8; and
(2) to the court, the reasonable expenses of copying the record.
(h) The court's determination under subsection (f) that certain identifying information or other
information is not relevant to establishing the facts and circumstances leading to the death or near
fatality of a child is not admissible in a criminal proceeding or civil action.
SOURCE: IC 31-33-18-2; (09)MO100161.124. -->
SECTION 128. IC 31-33-18-2, AS AMENDED BY P.L.138-2007, SECTION 66, IS AMENDED
TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. The reports and other material
described in section 1(a) of this chapter and the unredacted reports and other material described in
section 1(b) of this chapter shall be made available only to the following:
(1) Persons authorized by this article.
(2) A legally mandated public or private child protective agency investigating a report of child
abuse or neglect or treating a child or family that is the subject of a report or record.
(3) A police or other law enforcement agency, prosecuting attorney, or coroner in the case of the
death of a child who is investigating a report of a child who may be a victim of child abuse or
neglect.
(4) A physician who has before the physician a child whom the physician reasonably suspects
may be a victim of child abuse or neglect.
(5) An individual legally authorized to place a child in protective custody if:
(A) the individual has before the individual a child whom the individual reasonably suspects
may be a victim of abuse or neglect; and
(B) the individual requires the information in the report or record to determine whether to
place the child in protective custody.
(6) An agency having the legal responsibility or authorization to care for, treat, or supervise a
child who is the subject of a report or record or a parent, guardian, custodian, or other person who
is responsible for the child's welfare.
(7) An individual named in the report or record who is alleged to be abused or neglected or, if
the individual named in the report is a child or is otherwise incompetent, the individual's guardian
ad litem or the individual's court appointed special advocate, or both.
(8) Each parent, guardian, custodian, or other person responsible for the welfare of a child named
in a report or record and an attorney of the person described under this subdivision, with
protection for the identity of reporters and other appropriate individuals.
(9) A court, for redaction of the record in accordance with section 1.5 of this chapter, or upon the
court's finding that access to the records may be necessary for determination of an issue before
the court. However, except for disclosure of a redacted record in accordance with section 1.5 of
this chapter, access is limited to in camera inspection unless the court determines that public
disclosure of the information contained in the records is necessary for the resolution of an issue
then pending before the court.
(10) A grand jury upon the grand jury's determination that access to the records is necessary in
the conduct of the grand jury's official business.
(11) An appropriate state or local official responsible for child protection services or legislation
carrying out the official's official functions.
(12) A foster care review board established by a juvenile court under IC 31-34-21-9 (or
IC 31-6-4-19 before its repeal) upon the court's determination that access to the records is
necessary to enable the foster care review board to carry out the board's purpose under
IC 31-34-21.
(13) The community child protection team appointed under IC 31-33-3 (or IC 31-6-11-14 before
its repeal), upon request, to enable the team to carry out the team's purpose under IC 31-33-3.
(14) A person about whom a report has been made, with protection for the identity of:
(A) any person reporting known or suspected child abuse or neglect; and
(B) any other person if the person or agency making the information available finds that
disclosure of the information would be likely to endanger the life or safety of the person.
(15) An employee of the department, a caseworker, or a juvenile probation officer conducting a
criminal history check under IC 31-26-5, IC 31-34, or IC 31-37 to determine the appropriateness
of an out-of-home placement for a:
(A) child at imminent risk of placement;
(B) child in need of services; or
(C) delinquent child.
The results of a criminal history check conducted under this subdivision must be disclosed to a
court determining the placement of a child described in clauses (A) through (C).
(16) A local child fatality review team established under IC 31-33-24-6.
(17) The statewide child fatality review committee established by IC 31-33-25-6.
(18) The department.
(19) The division of family resources, if the investigation report:
(A) is classified as substantiated; and
(B) concerns:
(i) an applicant for a license to operate;
(ii) a person licensed to operate;
(iii) an employee of; or
(iv) a volunteer providing services at;
a child care center licensed under IC 12-17.2-4 or a child care home licensed under IC 12-17.2-5.
(20) A citizen review panel established under IC 31-25-2-20.4.
(21) The office of the department of child services ombudsman established by IC 4-13-19-3.
SOURCE: IC 31-33-25-6; (09)MO100161.125. -->
SECTION 129. IC 31-33-25-6, AS ADDED BY P.L.145-2006, SECTION 288, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 6. (a) The statewide child fatality review
committee is established to review a child's death that is:
(1) sudden;
(2) unexpected; or
(3) unexplained;
if the county where the child died does not have a local child fatality review team or if the local child
fatality review team requests a review of the child's death by the statewide committee.
(b) The statewide child fatality review committee may also review the death of a child upon request
by an individual or the office of the department of child services ombudsman established by
IC 4-13-19-3.
(c) A request submitted under subsection (b) must set forth:
(1) the name of the child;
(2) the age of the child;
(3) the county where the child died;
(4) whether a local child fatality review team reviewed the death; and
(5) the cause of death of the deceased child.
SOURCE: IC 31-33-25-8; (09)MO100161.126. -->
SECTION 130. IC 31-33-25-8, AS AMENDED BY P.L.225-2007, SECTION 8, IS AMENDED
TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 8. The statewide child fatality review
committee consists of the following members appointed by the governor:
(1) a coroner or deputy coroner;
(2) a representative from:
(A) the state department of health established by IC 16-19-1-1;
(B) a local health department established under IC 16-20-2; or
(C) a multiple county health department established under IC 16-20-3;
(3) a pediatrician;
(4) a representative of law enforcement;
(5) a representative from an emergency medical services provider;
(6) the director or a representative of the department;
(7) a representative of a prosecuting attorney;
(8) a pathologist who is:
(A) certified by the American Board of Pathology in forensic pathology; and
(B) licensed to practice medicine in Indiana;
(9) a mental health provider;
(10) a representative of a child abuse prevention program; and
(11) a representative of the department of education; and
(12) at the discretion of the office of the department of child services ombudsman, a
representative of the department of child services ombudsman established by IC 4-13-19-3.
SOURCE: IC 31-33-26-5; (09)MO100161.127. -->
SECTION 131. IC 31-33-26-5, AS ADDED BY P.L.138-2007, SECTION 67, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 5. (a) Subject to the accessibility to files
provided in subsection (b), at least ten (10) levels of security for confidentiality in the index must be
maintained.
(b) The index must have a comprehensive system of limited access to information as follows:
(1) The index must be accessed only by the entry of an operator identification number and a
password.
(2) A child welfare caseworker must be allowed to access only:
(A) cases that are assigned to the caseworker; and
(B) other cases or investigations that involve:
(i) a family member of a child; or
(ii) a child;
who is the subject of a case described in clause (A).
(3) A child welfare supervisor may access only the following:
(A) Cases assigned to the supervisor.
(B) Cases assigned to a caseworker who reports to the supervisor.
(C) Other cases or investigations that involve:
(i) a family member of a child; or
(ii) a child;
who is the subject of a case described in clause (A) or (B).
(D) Cases that are unassigned.
(4) To preserve confidentiality in the workplace, child welfare managers, as designated by the
department, may access any case, except restricted cases involving:
(A) a state employee; or
(B) the immediate family member of a state employee;
who has access to the index. Access to restricted information under this subdivision may be
obtained only if an additional level of security is implemented.
(5) Access to records of authorized users, including passwords, is restricted to:
(A) users designated by the department as administrators; and
(B) the administrator's level of access as determined by the department.
(6) Ancillary programs that may be designed for the index may not be executed in a manner that
would circumvent the index's log-on security measures.
(7) Certain index functions must be accessible only to index operators with specified levels of
authorization as determined by the department.
(8) Files containing passwords must be encrypted.
(9) There must be two (2) additional levels of security for confidentiality as determined by the
department.
(10) The office of the department of child services ombudsman established by IC 4-13-19-3
shall have read-only access to the index concerning:
(A) children who are the subject of complaints filed with; or
(B) cases being investigated by;
the office of the department of child services ombudsman. The office of the department of
child services ombudsman shall not have access to any information related to cases or
information that involves the ombudsman or any member of the ombudsman's immediate
family.
SOURCE: IC 31-39-2-6; (09)MO100161.128. -->
SECTION 132. IC 31-39-2-6, AS AMENDED BY P.L.145-2006, SECTION 359, IS AMENDED
TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 6. The records of the juvenile court are
available without a court order to:
(1) the attorney for the department of child services; or
(2) any authorized staff member of:
(A) the county office;
(B) the department of child services; or
(C) the department of correction; or
(D) the office of the department of child services ombudsman established by
IC 4-13-19-3.
SOURCE: IC 31-39-4-7; (09)MO100161.129. -->
SECTION 133. IC 31-39-4-7, AS AMENDED BY P.L.145-2006, SECTION 361, IS AMENDED
TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 7. The records of a law enforcement
agency are available, without specific permission from the head of the agency, to: the:
(1) the attorney for the department of child services or any authorized staff member; or
(2) any authorized staff member of the office of the department of child services
ombudsman established by IC 4-13-19-3.
SOURCE: IC 31-39-9-1; (09)MO100161.130. -->
SECTION 134. IC 31-39-9-1, AS ADDED BY P.L.67-2007, SECTION 6, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. The following entities and agencies may
exchange records of a child who is a child in need of services or has been determined to be a
delinquent child under IC 31-37-1-2, if the information or records are not confidential under state or
federal law:
(1) A court.
(2) A law enforcement agency.
(3) The department of correction.
(4) The department of child services.
(5) The office of the secretary of family and social services.
(6) A primary or secondary school, including a public or nonpublic school.
(7) The office of the department of child services ombudsman established by IC 4-13-19-3.
SECTION 135. IC 33-24-6-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2009]: Sec. 12. (a) The judicial technology and automation project fund is established to fund the
judicial technology and automation project. The division of state court administration budget agency
shall administer the fund. The fund consists of the following:
(1) Deposits made under IC 33-37-9-4.
(2) Other appropriations made by the general assembly.
(3) Grants and gifts designated for the fund or the judicial technology and automation project.
(b) 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.
(c) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
(d) There is annually appropriated to the division of state court administration the money in the
fund for the judicial technology and automation project.
(d) The budget agency shall establish standards and procedures for the judicial technology
and automation project. The standards shall be established to ensure that data collection,
storage, and applications are compatible to promote data sharing and consistency among all
users in Indiana. The budget agency shall develop a process to provide grants to counties to fund
court technology and automation projects that meet the standards for compatibility established
under this section. In addition to providing grants to counties, the budget agency may provide
funding from the fund to the office of technology or the division of state court administration
to assist in the implementation of the project.
(e) The budget agency shall make a progress report to the budget committee on the status of
the judicial technology and automation project before December 31, 2009.
SOURCE: IC 33-37-5-21; (09)PD4450.74. -->
SECTION 136. IC 33-37-5-21, AS AMENDED BY P.L.234-2007, SECTION 69, IS AMENDED
TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 21. (a) This section applies to all civil,
criminal, infraction, and ordinance violation actions.
(b) The clerk shall collect a seven dollar ($7) an automated record keeping fee in the following
amounts:
(1) Seven dollars ($7) after June 30, 2003, and before July 1, 2011. 2009.
(2) Four Five dollars ($4) ($5) after June 30, 2011. 2009.
SOURCE: IC 33-37-5-27; (09)PD4450.75. -->
SECTION 137. IC 33-37-5-27, AS AMENDED BY P.L.122-2008, SECTION 3, IS AMENDED
TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 27. (a) This subsection does not apply
to the following:
(1) A criminal proceeding.
(2) A proceeding to enforce a statute defining an infraction.
(3) A proceeding for an ordinance violation.
In each action filed in a court described in IC 33-37-1-1, and in each small claims action in a court
described in IC 33-34, the clerk shall collect a court administration fee of five seven dollars ($5). ($7).
(b) In each action in which a person is:
(1) convicted of an offense;
(2) required to pay a pretrial diversion fee;
(3) found to have committed an infraction; or
(4) found to have violated an ordinance;
the clerk shall collect a court administration fee of five seven dollars ($5). ($7).
(c) After June 30, 2009, the clerk shall collect a court administration fee of five dollars ($5)
in each small claims action filed in a court described in IC 33-34.
SOURCE: IC 33-37-7-9; (09)PD4450.76. -->
SECTION 138. IC 33-37-7-9, AS AMENDED BY P.L.122-2008, SECTION 5, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2010]: Sec. 9. (a) On June 30 and on December
31 of each year, the auditor of state shall transfer to the treasurer of state nine ten million two three
hundred seventy-seven twenty-one thousand twenty-three one hundred fifty-two dollars ($9,277,023)
($10,321,152) for distribution under subsection (b).
(b) On June 30 and on December 31 of each year, the treasurer of state shall deposit into:
(1) the family violence and victim assistance fund established by IC 12-18-5-2 an amount equal
to eight seven and three-hundredths twenty-two hundredths percent (8.03%); (7.22%);
(2) the Indiana judges' retirement fund established by IC 33-38-6-12 an amount equal to
thirty-eight thirty-four and fifty-five sixty-six hundredths percent (38.55%); (34.66%);
(3) the law enforcement academy building fund established by IC 5-2-1-13 an amount equal to
two and fifty-six thirty-one hundredths percent (2.56%); (2.31%);
(4) the law enforcement training fund established by IC 5-2-1-13 an amount equal to ten nine and
twenty-seven twenty-four hundredths percent (10.27%); (9.24%);
(5) the violent crime victims compensation fund established by IC 5-2-6.1-40 an amount equal
to eleven ten and ninety-three seventy-three hundredths percent (11.93%); (10.73%);
(6) the motor vehicle highway account an amount equal to nineteen seventeen and forty-nine
fifty-two hundredths percent (19.49%); (17.52%);
(7) the fish and wildlife fund established by IC 14-22-3-2 an amount equal to twenty-five
twenty-three hundredths percent (0.25%); (0.23%);
(8) the Indiana judicial center drug and alcohol programs fund established by IC 12-23-14-17 for
the administration, certification, and support of alcohol and drug services programs under
IC 12-23-14 an amount equal to one and sixty-three forty-seven hundredths percent (1.63%); and
(1.47%);
(9) the DNA sample processing fund established under IC 10-13-6-9.5 for the funding of the
collection, shipment, analysis, and preservation of DNA samples and the conduct of a DNA data
base program under IC 10-13-6 an amount equal to seven six and twenty-nine fifty-six
hundredths percent (7.29%); (6.56%); and
(10) the prosecuting attorneys retirement fund established by IC 33-39-7-9 an amount equal
to ten and six hundredths percent (10.06%);
of the amount transferred by the auditor of state under subsection (a).
(c) On June 30 and on December 31 of each year, the auditor of state shall transfer to the treasurer
of state for deposit into the public defense fund established under IC 33-40-6-1:
(1) after June 30, 2004, and before July 1, 2005, one million seven hundred thousand dollars
($1,700,000); and
(2) after June 30, 2005, two million seven hundred thousand dollars ($2,700,000).
SOURCE: IC 33-39-6-5.5; (09)PD4450.77. -->
SECTION 139. IC 33-39-6-5.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 5.5. (a) In addition to the salary provided
under section 2 or 5 of this chapter, a full-time prosecuting attorney or deputy prosecuting
attorney may receive any additional salary provided by the county under IC 36-2-5-14 or
IC 36-3-6-3(c).
(b) Before November 2 each year, the county auditor of each county shall certify to the
division of state court administration the amounts, if any, the county will provide during the
ensuing calendar year for full-time prosecuting attorney and deputy prosecuting attorney
salaries under IC 36-2-5-14 or IC 36-3-6-3(c).
(c) The county council of a county that provides additional salary under IC 36-2-5-14 or
IC 36-3-6-3(c) shall appropriate a sufficient amount to pay the additional salary provided by the
county.
(d) The state shall deposit quarterly in the state general fund the money received from the
counties under subsection (e) for additional salary provided under IC 36-2-5-14 or
IC 36-3-6-3(c).
(e) A county that provides additional salary for a full-time prosecuting attorney or deputy
prosecuting attorney under IC 36-2-5-14 or IC 36-3-6-3(c) shall determine for the prosecuting
attorney and each deputy prosecuting attorney whether the total of:
(1) the payment made on behalf of that prosecuting attorney or deputy prosecuting
attorney;
(2) previous payments made on behalf of that prosecuting attorney or deputy prosecuting
attorney in the same calendar year; and
(3) the state share of:
(A) the prosecuting attorney's salary under section 5 of this chapter; or
(B) the deputy prosecuting attorney's salary under section 2 of this chapter;
exceeds the Social Security wage base established by the federal government for that year. If the
total does not exceed the Social Security wage base, the payment made under subsection (d) on
behalf of that prosecuting attorney or deputy prosecuting attorney must also be accompanied
by an amount equal to the employer's share of Social Security taxes and Medicare taxes. If the
total exceeds the Social Security wage base, the part of the payment on behalf of the prosecuting
attorney or deputy prosecuting attorney that is below the Social Security wage base must be
accompanied by an amount equal to the employer's share of Social Security taxes and Medicare
taxes, and the part of the payment on behalf of the prosecuting attorney or deputy prosecuting
attorney that exceeds the Social Security wage base must be accompanied by an amount that is
equal to the employer's share of Medicare taxes.
SOURCE: IC 33-39-7-7; (09)PD4450.78. -->
SECTION 140. IC 33-39-7-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2009]: Sec. 7. (a) As used in this chapter, "salary" means:
(1) before December 1, 2010, the salary paid to a participant by the state; or
(2) subject to subsection (b), after November 30, 2010, the total salary paid to a participant
by the state plus any additional salary paid by a county or counties under IC 36-2-5-14(b)
or IC 36-3-6-3(c);
determined without regard to any salary reduction agreement established under Section 125 of the
Internal Revenue Code. Before December 1, 2010, the term does not include an amount paid to a
participant by a county or counties.
(b) This subsection applies only to a chief deputy prosecuting attorney. The amount of any
additional salary paid by a county or counties under IC 36-2-5-14(b) or IC 36-3-6-3(c) included
in a participant's salary under subsection (a)(2) may not exceed five thousand dollars ($5,000).
SOURCE: IC 33-39-7-12; (09)PD4450.79. -->
SECTION 141. IC 33-39-7-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2009]: Sec. 12. (a) Except as provided in subsection (b) or (c), each participant shall make
contributions to the fund as follows:
(1) A participant described in section 8(a)(1) of this chapter shall make contributions of six
percent (6%) of each payment of salary received for services after December 31, 1989.
(2) A participant described in section 8(a)(2) or 8(a)(3) of this chapter shall make contributions
of six percent (6%) of each payment of salary received for services after June 30, 1994.
A participant's contributions shall be deducted from the participant's monthly salary by the auditor of
state and credited to the fund.
(b) The state may pay the contributions for a participant.
(c) After November 30, 2010, a participant who completes twenty-two (22) years of creditable
service in the fund is not required to make any additional contributions to the fund.
SOURCE: IC 33-39-7-16; (09)PD4450.80. -->
SECTION 142. IC 33-39-7-16, AS AMENDED BY P.L.33-2006, SECTION 2, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 16. (a) This section does not apply to a
participant who meets the requirements for disability benefits under section 17 of this chapter.
(b) Except as provided in subsections (c) and (d), (e), the amount of the annual retirement benefit
to which a participant who applies for a retirement benefit and who is at least sixty-five (65) years of
age is entitled equals the product of:
(1) one (1) of the following:
(A) before December 1, 2010, the highest annual salary that was paid to the participant
before separation from service; or
(B) after November 30, 2010, the applicable salary determined under subsection (g);
multiplied by
(2) the percentage prescribed in the following table:
Participant's Years
Percentage
of Service
Less than 8
0
8 24%
9 27%
10 30%
11 33%
12 50%
13 51%
14 52%
15 53%
16 54%
17 55%
18 56%
19 57%
20 58%
21 59%
22 or more 60%
(c) If a participant who applies for a retirement benefit is not at least sixty-five (65) years of age,
the participant is entitled to receive a reduced annual retirement benefit that equals the benefit that
would be payable if the participant were sixty-five (65) years of age reduced by one-fourth percent
(0.25%) one (1) of the following percentages for each month that the participant's age at retirement
precedes the participant's sixty-fifth birthday:
(1) For a participant who applies for a retirement benefit before December 1, 2010,
one-quarter percent (0.25%).
(2) For a participant who applies for a retirement benefit after November 30, 2010,
one-tenth percent (0.1%).
(d) This subsection applies to a retirement benefit computed after November 30, 2010, under
subsection (b) or (c). If a participant has a partial year of service in addition to at least eight (8)
full years of service, a participant is entitled to have added to the percentage prescribed under
subsection (b)(2) an additional amount that is determined by prorating between the applicable
percentages based on the number of months in the partial year of service.
(d) (e) Benefits payable to a participant under this section are reduced by the pension, if any, that
would be payable to the participant from the public employees' retirement fund if the participant had
retired from the public employees' retirement fund on the date of the participant's retirement from the
prosecuting attorneys retirement fund. Benefits payable to a participant under this section are not
reduced by annuity payments made to the participant from the public employees' retirement fund.
(e) (f) If benefits payable from the public employees' retirement fund exceed the benefits payable
from the prosecuting attorneys retirement fund, the participant is entitled at retirement to withdraw
from the prosecuting attorneys retirement fund the total sum contributed plus interest at the rate of five
and one-half percent (5.5%) compounded annually.
(g) The applicable salary is one (1) of the following:
(1) The highest annual salary that was paid to the participant before separation from
service for:
(A) a participant who applies to receive a retirement benefit from the fund before
December 1, 2010; or
(B) a participant who:
(i) before December 1, 2010, separates from service;
(ii) is entitled to receive a retirement benefit from the fund, but does not apply before
December 1, 2010, to receive a retirement benefit from the fund; and
(iii) does not earn any service credit in the fund after November 30, 2010.
(2) The salary being paid for the office with the highest annual salary that the participant
held before or at the time of the participant's separation from service for a participant who:
(A) applies to receive a benefit after November 30, 2010; and
(B) is not a participant described in subdivision (1)(B).
SOURCE: IC 33-39-7-17; (09)PD4450.81. -->
SECTION 143. IC 33-39-7-17 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2009]: Sec. 17. (a) Except as provided in subsection
(b), (c), a participant who becomes disabled
before December 1, 2010, while in active service in a position described in section 8 of this chapter
may retire for the duration of the disability if:
(1) the participant has at least five (5) years of creditable service;
(2) the participant has qualified for Social Security disability benefits and has furnished proof of
the Social Security qualification to the board; and
(3) at least once each year until the participant becomes sixty-five (65) years of age a
representative of the board verifies the continued disability.
For purposes of this section, a participant who has qualified for disability benefits under the federal
civil service system is considered to have met the requirement of subdivision (2) if the participant
furnishes proof of the qualification to the board.
(b) Except as provided in subsection (c), a participant who becomes disabled after November
30, 2010, while in active service in a position described in section 8 of this chapter may retire for
the duration of the disability if:
(1) the board determines that:
(A) the participant is incapacitated because of at least one (1) physical or mental
condition that renders the participant unable to perform the essential duties of a
prosecuting attorney; and
(B) the condition is likely to be permanent; and
(2) at least once each year until the participant becomes sixty-five (65) years of age the
board verifies the continued disability.
(b) (c) Benefits may not be provided under this chapter for any disability that:
(1) results from an intentionally self-inflicted injury or attempted suicide while sane or insane;
(2) results from the participant's commission or attempted commission of a felony; or
(3) begins within two (2) years after a participant's entry or reentry into active service in a
position described in section 8 of this chapter and was caused or contributed to by a mental or
physical condition that manifested itself before the participant entered or reentered active service.
(c) (d) To the extent required by the Americans with Disabilities Act, the transcripts, reports,
records, and other material generated to prove that an individual is qualified for disability benefits
under this section shall be:
(1) kept in separate medical files for each member; and
(2) treated as confidential medical records.
SOURCE: IC 33-39-7-18; (09)PD4450.82. -->
SECTION 144. IC 33-39-7-18 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2009]: Sec. 18. (a) Except as provided in subsection (b), (c), the amount of the annual benefit payable
to a participant who meets the requirements for disability benefits under section 17 of this chapter is
equal to the product of:
(1) the annual applicable salary that was paid to the participant determined at the time of a
participant's separation from service under section 16(g) of this chapter; multiplied by
(2) the applicable percentage prescribed in one (1) of the following table: tables:
(A) For a participant who applies for a disability benefit before December 1, 2010:
Participant's Years
Percentage
of Service
Less than 5
0
5-10
40%
11
41%
12
42%
13
43%
14
44%
15
45%
16
46%
17
47%
18
48%
19
49%
20 or more
50%
(B) For a participant who applies for a disability benefit after November 30, 2010:
Participant's Years
Percentage
of Service
0-12
50%
13
51%
14
52%
15
53%
16
54%
17
55%
18
56%
19
57%
20
58%
21
59%
22 or more
60%
(b) This subsection applies to a disability benefit computed after November 30, 2010, under
subsection (a). If a participant has a partial year of service in addition to at least eight (8) full
years of service, a participant is entitled to have added to the percentage prescribed under
subsection (a)(2) an additional amount that is determined by prorating between the applicable
percentages based on the number of months in the partial year of service.
(b) (c) Benefits payable to a participant under this section are reduced by the amounts, if any, that
are payable to the participant from the public employees' retirement fund.
SOURCE: IC 33-39-7-19; (09)PD4450.83. -->
SECTION 145. IC 33-39-7-19, AS AMENDED BY P.L.33-2006, SECTION 3, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 19. (a) The surviving spouse of a
participant who:
(1) dies; and
(2) on the date of death:
(A) was receiving benefits under this chapter;
(B) had completed at least eight (8) years of service in a position described in section 8 of this
chapter; or
(C) met the requirements for disability benefits under section 17 of this chapter;
is entitled, regardless of the participant's age, to the benefit prescribed by subsection (b) or (c).
(b) This subsection applies to the surviving spouse of a participant who dies before December
1, 2010. The surviving spouse is entitled to a benefit for life equal to the greater of:
(1) seven thousand dollars ($7,000); or
(2) fifty percent (50%) of the amount of retirement benefit the participant was drawing at the time
of death, or to which the participant would have been entitled had the participant retired and
begun receiving retirement benefits on the date of death, with reductions as necessary under
section 16(c) of this chapter.
(c) This subsection applies to the surviving spouse of a participant who dies after November
30, 2010. The surviving spouse is entitled to a benefit for life equal to the greater of:
(1) twelve thousand dollars ($12,000); or
(2) fifty percent (50%) of the amount of retirement benefit the participant was drawing at
the time of death, or to which the participant would have been entitled if the participant
retired and began receiving retirement benefits on the date of death, with reductions as
necessary under section 16(c) of this chapter.
(c) (d) Benefits payable to a surviving spouse under this section are reduced by the amounts, if any,
that are payable to the surviving spouse from the public employees' retirement fund as a result of the
participant's death.
SOURCE: IC 33-39-7-26; (09)PD4450.84. -->
SECTION 146. IC 33-39-7-26 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 26. (a) This section applies in state fiscal
years beginning after June 30, 2011.
(b) If a salary increase is provided in a particular state fiscal year under IC 33-39-6-5 or any
other provision enacted by the general assembly in the state fiscal year, the monthly benefit
payable under this chapter shall be increased by the same percentage by which salaries are
increased under IC 33-39-6-5 in that state fiscal year. The percentage increase shall be applied
to the monthly benefit (including any previous increases to the monthly benefit received under
this section or under any other provision) received by the participant as of June 30 of the
immediately preceding state fiscal year. The percentage increase to the monthly benefit takes
effect at the same time that the salary increase under IC 33-39-6-5 takes effect.
(c) A monthly benefit increase payable under this section may not include any amount based
on the percentage by which any salary provided by a county or counties under IC 36-2-5-14 or
IC 36-3-6-3(c) may have increased in a state fiscal year.
SOURCE: IC 36-1-8-17; (09)PD4450.85. -->
SECTION 147. IC 34-30-2-39.6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION
TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 39.6. IC 4-13-19-6 (Concerning a
person who releases information to the office of the department of child services ombudsman).
SOURCE: IC 34-30-2-39.7; (09)MO100161.144. -->
SECTION 148. IC 34-30-2-39.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION
TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 39.7. IC 4-13-19-9 (Concerning the
office of the department of child services ombudsman for the good faith performance of official
duties).
SECTION 149. IC 36-1-8-17 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 17. (a) As used in this section,
"compensation" means the total of all money paid to an elected county, city, town, or township
officer for performing duties as an elected officer, regardless of the source of funds from which
the money is paid. The term includes all employee benefits paid to the elected officer, including
life insurance, health insurance, disability insurance, retirement benefits, and pension benefits.
(b) An elected county, city, town, or township officer may waive some or all of the elected
officer's compensation for any year by filing a notice that satisfies the following:
(1) The notice is in writing.
(2) The notice states in substance all of the following:
(A) The position held by the elected officer.
(B) The calendar year covered by the notice.
(C) The part of the elected officer's compensation that will be waived under this section.
(D) That the elected officer understands that the notice is irrevocable beginning January
1 of the year covered by the notice.
(3) The notice is signed by the elected officer who wants to waive compensation.
(c) An elected county, city, town, or township officer who wants to waive compensation under
this section must file the notice with the fiscal officer of the elected officer's county, city, town,
or township before January 1 of the year covered by the notice.
(d) Beginning January 1 of the year covered by the notice, a notice filed under this section is
irrevocable during the year covered by the notice.
(e) An elected county, city, town, or township officer who files a notice under this section:
(1) is not entitled to the part of compensation waived for duties performed in the year
covered by the notice; and
(2) may not be paid the part of compensation waived for duties performed in the year
covered by the notice.
SECTION 150. IC 36-4-8-15.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO
READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 15.5. The city of Lawrenceburg may
do any of the following:
(1) Enter into one (1) or more agreements or leases with the Lawrenceburg community
school corporation or another public or private entity to provide for the construction or
renovation of a school building that will be used by the Lawrenceburg community school
corporation. The agreements and leases may provide for the financing of the construction
or renovation of the school building.
(2) A school building constructed or renovated as provided in subdivision (1) may be
donated, sold, or leased to the Lawrenceburg community school corporation under the
conditions determined by the Lawrenceburg community school corporation and the city of
Lawrenceburg.
(3) The city of Lawrenceburg may use any revenues (including any gaming revenues) to pay
for the construction or renovation of the school building or to finance the construction or
renovation of the school building.
SOURCE: IC 20-20-34; IC 20-40-4; IC 20-43-1-4; IC 20-43-1-29.3; IC 20-43-1-27; IC 20-43-1-29; IC
20-43-4-7; IC 20-43-5-1; IC 20-43-5-2; IC 20-43-5-7; IC 20-43-5-9; IC 20-43-6-5; IC 20-45-1-2; IC
20-45-1-6; IC 20-45-1-12; IC 20-45-1-21.3; IC 20-45-1-21.5; IC 20-45-1-21.7.
; (09)PD4450.86. -->
SECTION 151. THE FOLLOWING ARE REPEALED [EFFECTIVE JANUARY 1, 2009
(RETROACTIVE)]: IC 20-20-34; IC 20-40-4; IC 20-43-1-4; IC 20-43-1-29.3; IC 20-43-1-27;
IC 20-43-1-29; IC 20-43-4-7; IC 20-43-5-1; IC 20-43-5-2; IC 20-43-5-7; IC 20-43-5-9; IC 20-43-6-5;
IC 20-45-1-2; IC 20-45-1-6; IC 20-45-1-12; IC 20-45-1-21.3; IC 20-45-1-21.5; IC 20-45-1-21.7.
SOURCE: IC 20-46-5-6; IC 20-46-6-8.
; (09)PD4450.87. -->
SECTION 152. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2009]:
IC 20-46-5-6; IC 20-46-6-8.
SOURCE: IC 20-40-8-19; IC 20-46-6-4; IC 20-46-6-6.
; (09)PD4450.88. -->
SECTION 153. THE FOLLOWING ARE REPEALED [EFFECTIVE JANUARY 1, 2010]:
IC 20-40-8-19; IC 20-46-6-4; IC 20-46-6-6.
SOURCE: IC 36-5-3-6; (09)PD4450.89. -->
SECTION 154. IC 36-5-3-6 IS REPEALED [EFFECTIVE JANUARY 1, 2010].
SOURCE: ; (09)PD4450.90. -->
SECTION 155. [EFFECTIVE JULY 1, 2009] (a) IC 36-1-8-17, as added by this act, applies only
to a waiver of compensation for calendar years beginning after December 31, 2009.
(b) This SECTION expires January 1, 2012.
SOURCE: ; (09)PD4450.91. -->
SECTION 156. [EFFECTIVE JANUARY 1, 2009 (RETROACTIVE)] (a) The department of
education shall, on the schedule determined by the department of education, adjust the special
education grant distributed to a school corporation under IC 20-43-7-6, as amended by this act,
in 2009 to reflect any special education preschool grant distributions made to the school
corporation under IC 20-20-34-3 before the effective date of this SECTION. The amount of any
reduction in a special education grant under this SECTION shall not be considered for purposes
of applying IC 20-43-2-3. The unencumbered balance of a school corporation's special education
preschool fund shall be transferred to the school corporation's general fund for purposes of the
school corporation's general fund as soon as practicable after the effective date of this
SECTION.
(b) The department of education shall, on the schedule determined by the department of
education, adjust state tuition support grants distributed to a school corporation under IC 20-43,
as amended by this act, after the passage of this act to reflect any state tuition support grant
distributions made before the passage of this act under IC 20-43, as it existed before the passage
of this act. The amount of:
(1) any reduction in a state tuition support grant distribution made to comply with this
SECTION after the passage of this act shall not be considered for the purposes of applying
IC 20-43-2-3; and
(2) any state tuition support grant distributions made before the passage of this act (after
any reduction required by this SECTION) shall be considered for purposes of applying
IC 20-43-2-3.
(c) This SECTION expires January 1, 2010.
SOURCE: ; (09)PD4450.92. -->
SECTION 157. [EFFECTIVE JULY 1, 2009] The general assembly finds that the state needs
the construction, equipping, renovation, refurbishing, and alteration of additional correctional
facilities for use by the department of correction. The general assembly finds that the state will
have a continuing need for use and occupancy of those correctional facilities. The correctional
facilities shall be provided as additions to two (2) existing correctional facilities. The general
assembly authorizes the Indiana finance authority to provide the correctional facilities under
IC 4-13.5-1 and IC 4-13.5-4, including the borrowing of money or the issuance and sale of bonds,
or both, under IC 4-13.5-4, subject to the approval of the budget agency after review by the
budget committee, at a cost of not more than forty-five million dollars ($45,000,000).
SOURCE: ; (09)PD4450.93. -->
SECTION 158. [EFFECTIVE JULY 1, 2009]
(a) The commission for higher education with the
assistance of the state student assistance commission shall study the funding of college
scholarship programs provided by the state student assistance commission and the state's public
universities. The study must examine the following issues:
(1) The limits established for awards and the differences between the limits established for
private and public universities.
(2) The extent to which criteria for establishing the eligibility of an applicant should
consider receipt of Pell Grants, other wrap-around assistance provided by a university, tax
credits, and other assistance.
(3) The relative amounts of assistance provided on the basis of merit and on the basis of
need.
(4) Whether means tests should be required for students participating in the twenty-first
century scholars program as those students enter college.
(5) Scholarships and awards provided for members of the military and national guard.
(6) Scholarships and awards provided to individuals being held in state correctional
facilities.
(b) The state's public universities shall provide the commission for higher education with the
data necessary to complete the study. The commission shall before June 30, 2010, provide a
report and recommendations to the budget committee for modernizing and improving
scholarship programs.
(c) This SECTION expires January 1, 2011.
SOURCE: ; (09)PD4450.94. -->
SECTION 159. [EFFECTIVE JULY 1, 2009] (a) The budget agency shall review the costs of
providing employee health, vision, and dental insurance for state employees and employees of
school corporations and public universities. In conducting the review the budget agency shall
collect data on the cost of existing plans offered by the state, school corporations, and public
universities. School corporations and public universities shall provide the data needed to
complete the review as requested by the budget agency. The budget agency shall review the
following:
(1) Comparative costs of providing health insurance among the employer groups.
(2) Comparative benefits among the employee groups.
(3) Differences in amounts paid by employees and amounts paid by the employers.
(4) Opportunities to modernize health plans and take advantage of employee tax incentives
in the delivery of health insurance plans.
(5) Opportunities for efficiencies and cost savings for employers and employees by creating
additional or larger employee pools.
(6) Other factors the budget agency considers relevant to the review.
(b) The budget agency may use a part of the departmental and institutional contingency fund
to hire professionals to assist in gathering and examining data. The budget agency shall report
findings of the review to the budget committee before July 1, 2010.
(c) This SECTION expires January 1, 2011.
SOURCE: IC 16-19-6.1; (09)PD4444.1. -->
SECTION 160. [EFFECTIVE UPON PASSAGE] (a) The following definitions apply throughout
this SECTION:
(1) "Children's home" refers to the Indiana Soldiers' and Sailors' Children's Home
established by IC 16-33-4-5.
(2) "Task force" refers to the Indiana Soldiers' and Sailors' Children's Home task force
established by subsection (b).
(b) The Indiana Soldiers' and Sailors' Children's Home task force is established to evaluate
possible alternative uses for the children's home after June 30, 2010. The Indiana state
department of health shall provide administrative support for the task force.
(c) The task force consists of the following members:
(1) The governor or the governor's designee.
(2) The state superintendent of public instruction or the state superintendent's designee.
(3) The director of the department of child services established by IC 31-25-1-1 or the
director's designee.
(4) One (1) member appointed by the president pro tempore of the senate.
(5) One (1) member appointed by the minority leader of the senate.
(6) One (1) member appointed by the speaker of the house of representatives.
(7) One (1) member appointed by the minority leader of the house of representatives.
(d) The governor shall before July 1, 2009, appoint one (1) of the members of the task force
as chair of the task force.
(e) The task force may seek advice and assistance from the following organizations or
individuals or their representatives or designees:
(1) The commissioner of the Indiana department of administration established by
IC 4-13-1-2.
(2) The state health commissioner of the state department of health established by
IC 16-19-1-1.
(3) The adjutant general.
(4) The department adjutant of the American Legion Department of Indiana.
(5) The Alumni Association of the Indiana Soldiers' and Sailors' Children's Home.
(6) The superintendent of the children's home.
(7) The advisory committee for the Indiana Soldiers' and Sailors' Children's Home
established by IC 16-19-6-9.
(8) IARCCA.
(9) School corporations located near the children's home.
(10) Any other organization or individual that the task force determines might be useful to
the deliberations of the task force.
(f) The task force shall meet at the call of the chair of the task force and shall hold at least one
(1) meeting each month. At least two (2) meetings of the task force shall be held at the children's
home.
(g) Each member of the task force who is not a state employee is entitled to the minimum
salary per diem provided by IC 4-10-11-2.1(b). The member is also entitled to reimbursement
for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in
connection with the member's duties as provided in the state policies and procedures established
by the Indiana department of administration and approved by the budget agency.
(h) Each member of the task force who is a state employee but is not a member of the general
assembly is entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and
other expenses actually incurred in connection with the member's duties as provided in the state
travel policies and procedures established by the Indiana department of administration and
approved by the budget agency.
(i) Each member of the task force who is a member of the general assembly is entitled to
receive the same per diem, mileage, and travel allowances paid to members of the general
assembly serving on interim study committees established by the legislative council.
(j) Before January 1, 2010, the task force shall submit a report to the governor and the
legislative council. The report submitted to the legislative council shall be submitted in an
electronic format under IC 5-14-6. The report must include the following:
(1) Estimated future capital and operating costs needed to continue to operate the children's
home as it was operated on July 1, 2008.
(2) The current fee structure for parents or guardians of children residing at the children's
home.
(3) Whether potential significant efficiencies exist if the children's home is permitted to
continue to operate under the same management structure as it was operated under on July
1, 2008.
(4) Whether federal or private funds may be available to continue to operate the children's
home as it was operated on July 1, 2008, or under an alternative management and
ownership structure.
(5) Possible alternative uses for the buildings, grounds, equipment, and other assets of the
children's home, including the possible use as a charter school, a vocational school, a higher
education facility, an alternate facility for a state agency or a unit of local government, or
any other alternative that the task force considers to be appropriate.
(6) The potential to operate the children's home in its current capacity or in some other
capacity under a public-private agreement.
(7) The best alternatives for education and other services for the children at the children's
home.
(8) Whether the home should cease operation after June 30, 2010, or whether it should
operate in a different capacity.
(9) Specific recommendations regarding the placement of children if the children's home
is closed.
(k) This SECTION expires June 30, 2010.
SOURCE: ; (09)PD4450.95. -->
SECTION 161. [EFFECTIVE UPON PASSAGE] (a) The Indiana finance authority shall study
the mission, organization, and management structure of the I-Light fiber optic network. The
study shall include the following issues:
(1) Whether the capabilities of the network are being used in a manner that maximizes
benefits to the state, public and private universities, and other existing and potential
consortium members.
(2) Whether an alternate provider could provide comparable service levels at a lower cost
to the state.
(3) Whether there are opportunities for increased use of the network to support electronic
learning, worker training, and workforce development.
(b) A public university that uses or benefits from the I-Light fiber optic network must provide
to the Indiana finance authority any information concerning the network that is requested by
the Indiana finance authority.
(c) The Indiana finance authority shall before November 1, 2009, submit a report of its
findings and any recommendations to the governor and (in an electronic format under
IC 5-14-6) to the legislative council.
(d) This SECTION expires July 1, 2010.
SOURCE: ; (09)PD4450.96. -->
SECTION 162. [EFFECTIVE UPON PASSAGE] The department of state revenue may adopt
temporary rules in the manner provided in IC 4-22-2-37.1 for the adoption of emergency rules
to implement IC 20-51, as added by this act. A temporary rule adopted under this SECTION
expires on the earliest of the following:
(1) The date another temporary rule is adopted under this SECTION that supersedes or
repeals the previously adopted temporary rule.
(2) The date that a permanent rule adopted under IC 4-22-2 supersedes or repeals a
temporary rule adopted under this SECTION.
(3) The date specified in the temporary rule.
(4) June 30, 2011.
SOURCE: ; (09)PD4450.97. -->
SECTION 163. [EFFECTIVE JULY 1, 2009] (a) As used in this SECTION, "fund" refers to
the prosecuting attorneys retirement fund established by IC 33-39-7-9.
(b) IC 33-39-7-7, IC 33-39-7-12, IC 33-39-7-16, IC 33-39-7-17, IC 33-39-7-18, and
IC 33-39-7-19, all as amended by this act, apply only to a participant who, after November 30,
2010, earns creditable service in the fund for service in a position described in IC 33-39-7-8(a).
SOURCE: ; (09)PD4450.98. -->
SECTION 164. [EFFECTIVE UPON PASSAGE] IC 6-3.1-30.5, as added by this act, applies to
contributions made in taxable years beginning after December 31, 2009.
SOURCE: ; (09)PD4450.99. -->
SECTION 165.
An emergency is declared for this act.