Text Box
Adopted Rejected
[
]
COMMITTEE REPORT
YES:
15
NO:
8
MR. SPEAKER:
Your Committee on Ways and Means , to which was referred House Bill 1001 ,
has had the same under consideration and begs leave to report the same back to the House with
the recommendation that said bill be amended as follows:
SOURCE: Page 8, line 40; (11)CR100101.8. -->
Page 8, delete line 40, begin a new line and insert:
" Personal Services 56,979,814 56,979,814".
Page 8, delete line 43, begin a new line and insert:
" Personal Services 24,468,828 24,468,828".
Page 13, delete line 37, begin a new line and insert:
" Total Operating Expense 2,000,000".
Page 13, delete line 47, begin a new line and insert:
" Total Operating Expense 0 15,000,000".
Page 17, delete line 21, begin a new line and insert:
" Total Operating Expense 6,210,000 6,210,000".
Page 17, delete line 25, begin a new line and insert:
" Total Operating Expense 4,968,000 4,968,000".
Page 17, delete line 29, begin a new line and insert:
" Total Operating Expense 648,000 648,000".
Page 19, delete line 13, begin a new line and insert:
" Total Operating Expense 1,000,000 1,000,000".
Page 19, delete line 32, begin a new line and insert:
" Other Operating Expense 12,724,840 14,024,840".
Page 20, line 48, delete "$30" and insert " $35".
Page 21, between lines 15 and 16, begin a new line and insert:
" POSTSECONDARY CORRECTIONAL EDUCATION
Other Operating Expense 3,915,000 3,915,000
The above appropriations for postsecondary correctional
education shall be used by the department of correction to offer
associate's degrees, workforce certificates, or other vocational
programs to incarcerated persons.".
Page 33, between lines 10 and 11, begin a new line and insert:
" LINCOLN PRODUCTION
Total Operating Expense 220,000 220,000".
Page 36, between lines 6 and 7, begin a new line and insert:
" Augmentation allowed.".
Page 49, between lines 26 and 27, begin a new line and insert:
" Indiana Twenty-First Century Research and Technology
Fund (IC 5-28-16-2)".
Page 51, delete line 15, begin a new line and insert:
" Total Operating Expense 35,031,051 36,628,678".
Page 54, delete line 33, begin a new line and insert:
" Formal Contracts Expense 530,000,000 50,000,000".
Page 56, delete line 18, begin a new line and insert:
" Total Operating Expense 1,747,200,000 1,892,900,000".
Page 61, delete line 4, begin a new line and insert:
" Total Operating Expense 44,053,605 48,765,643".
Page 61, line 7, after "waiver." insert " The intragovernmental
transfers for use in the Medicaid aged and disabled waiver may not
exceed in the state fiscal year beginning July 1, 2011, and ending
June 30, 2012, twenty-five million eight hundred thousand dollars
($25,800,000) and in the state fiscal year beginning July 1, 2012,
and ending June 30, 2013, twenty-five million eight hundred
thousand dollars ($25,800,000).".
Page 61, line 16, delete "year; and" and insert " year, including a
separate count of individuals who received no services other than
case management services (as defined in 460 IAC 1.2-4-10) during
the preceding fiscal year;".
Page 61, line 18, delete "year." and insert " year, including a
separate calculation of the average annual per recipient cost of
individuals who received no services other than case management
services (as defined in 460 IAC 1.2-4-10) during the preceding
fiscal year;
(3) a comparative analysis of the average annual per recipient cost
to the state during the preceding fiscal year of providing home and
community based services to individuals receiving services through
the C.H.O.I.C.E. program and to individuals receiving services
through the Medicaid aged and disabled waiver program;
(4) an estimate of the number of recipients of home and community
based services who would have been placed in long term care
facilities during the preceding fiscal year had they not received
home and community based services; and
(5) an estimate of the total cost savings during the preceding fiscal
year realized by the state due to recipients of home and community
based services (including Medicaid) being diverted from long term
care facilities.".
Page 62, delete line 11, begin a new line and insert:
" accessABILITY CENTER FOR INDEPENDENT LIVING".
Page 65, between lines 5 and 6, begin a new line and insert:
" Tobacco Master Settlement Agreement Fund (IC
4-12-1-14.3)".
Page 68, delete line 12, begin a new line and insert:
" Total Operating Expense 8,051,037 8,051,037".
Page 68, line 14, delete "75%" and insert " 85%".
Page 69, delete line 21, begin a new line and insert:
" Total Operating Expense 179,823,196 179,823,196".
Page 69, delete line 26, begin a new line and insert:
" Total Operating Expense 8,330,921 8,330,921".
Page 69, delete line 30, begin a new line and insert:
" Total Operating Expense 11,354,682 11,354,682".
Page 69, delete line 34, begin a new line and insert:
" Total Operating Expense 16,275,368 16,275,368".
Page 69, delete line 38, begin a new line and insert:
" Total Operating Expense 21,756,890 21,756,890".
Page 69, delete line 42, begin a new line and insert:
" Total Operating Expense 18,976,859 18,976,859".
Page 69, delete line 46, begin a new line and insert:
" 89,819,501 90,030,680".
Page 70, delete lines 2 through 3, begin a new line and insert:
" Total Operating Expense 100,291,194 100,291,194
Fee Replacement 2,919,493 3,405,551".
Page 70, delete lines 34 through 35, begin a new line and insert:
" Total Operating Expense 84,389,612 84,389,612
Fee Replacement 12,609,727 14,709,082".
Page 70, delete line 38, begin a new line and insert:
" 212,357,689 214,943,102"
Page 71, between lines 2 and 3, begin a new line and insert:
" MEDICAL EDUCATION CENTER EXPANSION
Total Operating Expense 2,000,000 2,000,000
The above appropriations for medical education center expansion
are intended to help increase medical school class size on a
statewide basis. The funds shall be used to help increase enrollment
and to provide clinical instruction. The funds shall be distributed
to the nine (9) existing medical education centers in proportion to
the increase in enrollment for each center.".
Page 71, delete lines 22 through 23, begin a new line and insert:
" Total Operating Expense 234,479,193 234,479,193
Fee Replacement 25,150,230 25,971,198".
Page 71, delete line 27, begin a new line and insert:
" Total Operating Expense 26,844,940 26,844,940".
Page 71, delete line 31, begin a new line and insert:
" Total Operating Expense 13,073,588 13,073,588".
Page 71, delete line 34, begin a new line and insert:
" 41,408,586 41,408,300".
Page 71, delete line 38, begin a new line and insert:
" Total Operating Expense 38,563,050 38,563,050".
Page 72, delete line 12, begin a new line and insert:
" Total Operating Expense 6,692,010 6,692,010".
Page 72, delete line 15, begin a new line and insert:
" Total Operating Expense 6,696,039 6,696,039".
Page 72, delete line 21, begin a new line and insert:
" Total Operating Expense 1,747,361 1,747,361".
Page 72, delete line 24, begin a new line and insert:
" Total Operating Expense 67,650,483 67,650,483".
Page 72, delete lines 31 through 32, begin a new line and insert:
" Total Operating Expense 40,109,493 40,109,493
Fee Replacement 10,998,767 11,567,417".
Page 72, delete lines 38 through 39, begin a new line and insert:
" Total Operating Expense 118,723,016 118,723,016
Fee Replacement 14,418,557 14,731,545".
Page 72, delete line 42, begin a new line and insert:
" Total Operating Expense 1,666,000 1,666,000".
Page 72, delete line 45, begin a new line and insert:
" Total Operating Expense 3,953,298 3,953,298".
Page 72, delete line 48, begin a new line and insert:
" Total Operating Expense 36,492,378 36,492,378".
Page 73, delete lines 3 through 4, begin a new line and insert:
" Total Operating Expense 186,417,941 186,417,941
Fee Replacement 29,817,924 30,877,963".
Page 75, delete lines 20 through 26, begin a new line and insert:
" SOUTHERN INDIANA EDUCATIONAL ALLIANCE
Build Indiana Fund (IC 4-30-17)
Total Operating Expense 1,090,452 1,090,452".
Page 75, delete line 47, begin a new line and insert:
" Total Operating Expense 50,350,913 50,350,913".
Page 75, delete line 49, begin a new line and insert:
" Total Operating Expense 147,666,658 147,666,658".
Page 76, delete line 39, begin a new line and insert:
" Total Operating Expense 7,851,835 7,851,835".
Page 78, between lines 13 and 14, begin a new line and insert:
" PUBLIC TELEVISION DISTRIBUTION
Total Operating Expense 1,610,000 1,610,000
The above appropriations are for grants for public television. The
Indiana Public Broadcasting Stations, Inc., shall submit a
distribution plan for the eight Indiana public education television
stations that shall be approved by the budget agency after review
by the budget committee. Of the above appropriations, $184,000
each year shall be distributed equally among all of the public radio
stations.".
Page 79, delete line 27, begin a new line and insert:
" Total Operating Expense 6,247,700,000 6,247,700,000".
Page 83, delete line 20, begin a new line and insert:
" Other Operating Expense 2,500,000 2,500,000".
Page 83, line 24, after "Indiana." insert " In addition, the above
appropriation includes $50,000 each state fiscal year for the Center
for Evaluation and Education Policy.".
Page 91, delete line 6, begin a new line and insert:
" 65,950,840".
Page 91, delete line 24, begin a new line and insert:
" TOTAL 631,291,071".
Page 96, delete lines 27 through 44.
Page 98, line 11, after "than" insert " July 31, 2012, and".
Page 98, line 11, delete "a" and insert " each".
Page 98, line 11, delete "year," and insert " year that begins after
June 30, 2012,".
Page 98, line 17, delete "year," and insert " year beginning after
June 30, 2012,".
Page 98, line 36, beginning with "(A)" begin a new line double
block indented.
Page 98, line 37, beginning with "(B)" begin a new line double
block indented.
Page 99, delete lines 6 through 47, begin a new paragraph and
insert:
SOURCE: IC 4-35-7-12; (11)CR100101.38. -->
"SECTION 38. IC 4-35-7-12, AS AMENDED BY P.L.142-2009,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 12. (a) The Indiana horse racing commission shall
enforce the requirements of this section.
(b)
Except as provided in subsections (j) and (k), A licensee shall
before the fifteenth day of each month devote to the gaming integrity
fund, horse racing purses, and to horsemen's associations an amount
equal to distribute fifteen percent (15%) of the adjusted gross receipts
of the slot machine wagering
from the previous month at the licensee's
racetrack
in conformity with this section. The Indiana horse racing
commission may not use any of
this the money
it receives under this
section for any administrative purpose or other purpose of the Indiana
horse racing commission, and the entire amount of the money shall be
distributed as provided in this section. A licensee shall pay the first two
hundred fifty thousand dollars ($250,000) distributed
under this section
in a state fiscal year to the Indiana horse racing commission for deposit
in the gaming integrity fund established by IC 4-35-8.7-3. After this
money has been distributed to the Indiana horse racing commission, a
licensee shall distribute the remaining money devoted to horse racing
purses and to horsemen's associations under this subsection as follows:
(1) Five-tenths percent (0.5%) shall be transferred to horsemen's
associations for equine promotion or welfare according to the
ratios specified in subsection (e).
(2) Two and five-tenths percent (2.5%) shall be transferred to
horsemen's associations for backside benevolence according to
the ratios specified in subsection (e).
(3) Ninety-seven Thirty-nine and five-tenths percent (97%)
(39.5%) shall be distributed to promote horses and horse racing
as provided in subsection (d). However, the total amount of
money that may be distributed under this subdivision in a
particular state fiscal year to promote horses and horse racing
may not exceed twenty-seven million dollars ($27,000,000).
Any amounts otherwise distributable under this subdivision
that exceed twenty-seven million dollars ($27,000,000) shall be
remitted to the department for deposit in the state general
fund.
(4) Fifty-seven and five-tenths percent (57.5%) shall be
remitted to the department for deposit as follows:
(A) Fifteen million two hundred fifty thousand dollars
($15,250,000) available for distribution under this
subdivision in a state fiscal year shall be distributed to the
twenty-first century research and technology fund
established by IC 5-28-16-2 for the purposes of the fund.
Deposits in the twenty-first century research and
technology fund under this clause shall be made during the
state fiscal year on the schedule determined by the budget
agency.
(B) The amount not needed to make the deposits required
under clause (A) shall be deposited in the state general
fund.
The amount to be distributed from wagers made in a month under
subdivisions (1) and (2) and (to the extent the distributions are to
promote horses and horse racing) under subdivision (3) shall be
distributed before the fifteenth day of the immediately following
month. A licensee shall make the distributions to the state general
fund and the twenty-first century research and technology fund
before the close of the business day following the day the wagers
are made. The department may require that daily distributions be
remitted by electronic funds transfer (as defined in IC 4-8.1-2-7(f)).
If the department requires the money to be remitted through
electronic funds transfer, the department may allow the licensee to
file a monthly report to reconcile the amounts remitted to the
department.
(c) A horsemen's association shall expend the amounts distributed
to the horsemen's association under subsection (b)(1) through (b)(2) for
a purpose promoting the equine industry or equine welfare or for a
benevolent purpose that the horsemen's association determines is in the
best interests of horse racing in Indiana for the breed represented by the
horsemen's association. Expenditures under this subsection are subject
to the regulatory requirements of subsection (f).
(d) A licensee shall distribute the amounts described in subsection
(b)(3) as follows:
(1) Forty-six percent (46%) for thoroughbred purposes as follows:
(A) Sixty percent (60%) for the following purposes:
(i) Ninety-seven percent (97%) for thoroughbred purses.
(ii) Two and four-tenths percent (2.4%) to the horsemen's
association representing thoroughbred owners and trainers.
(iii) Six-tenths percent (0.6%) to the horsemen's association
representing thoroughbred owners and breeders.
(B) Forty percent (40%) to the breed development fund
established for thoroughbreds under IC 4-31-11-10.
(2) Forty-six percent (46%) for standardbred purposes as follows:
(A) Fifty percent (50%) for the following purposes:
(i) Ninety-six and five-tenths percent (96.5%) for
standardbred purses.
(ii) Three and five-tenths percent (3.5%) to the horsemen's
association representing standardbred owners and trainers.
(B) Fifty percent (50%) to the breed development fund
established for standardbreds under IC 4-31-11-10.
(3) Eight percent (8%) for quarter horse purposes as follows:
(A) Seventy percent (70%) for the following purposes:
(i) Ninety-five percent (95%) for quarter horse purses.
(ii) Five percent (5%) to the horsemen's association
representing quarter horse owners and trainers.
(B) Thirty percent (30%) to the breed development fund
established for quarter horses under IC 4-31-11-10.
Expenditures under this subsection are subject to the regulatory
requirements of subsection (f).
(e) Money distributed under subsection (b)(1) and (b)(2) shall be
allocated as follows:
(1) Forty-six percent (46%) to the horsemen's association
representing thoroughbred owners and trainers.
(2) Forty-six percent (46%) to the horsemen's association
representing standardbred owners and trainers.
(3) Eight percent (8%) to the horsemen's association representing
quarter horse owners and trainers.
(f) Money distributed under this section subsection (b)(1) or (b)(2)
and, to the extent the distributions are to promote horses and horse
racing, subsection (b)(3) may not be expended unless the expenditure
is for a purpose authorized in this section and is either for a purpose
promoting the equine industry or equine welfare or is for a benevolent
purpose that is in the best interests of horse racing in Indiana or the
necessary expenditures for the operations of the horsemen's association
required to implement and fulfill the purposes of this section. The
Indiana horse racing commission may review any expenditure of
money distributed under this section to ensure that the requirements of
this section are satisfied. The Indiana horse racing commission shall
adopt rules concerning the review and oversight of money distributed
under this section and shall adopt rules concerning the enforcement of
this section. The following apply to a horsemen's association receiving
a distribution of money under this section:
(1) The horsemen's association must annually file a report with
the Indiana horse racing commission concerning the use of the
money by the horsemen's association. The report must include
information as required by the commission.
(2) The horsemen's association must register with the Indiana
horse racing commission.
(g) The commission shall provide the Indiana horse racing
commission with the information necessary to enforce this section.
(h) The Indiana horse racing commission shall investigate any
complaint that a licensee has failed to comply with the horse racing
purse requirements set forth in this section. If, after notice and a
hearing, the Indiana horse racing commission finds that a licensee has
failed to comply with the purse requirements set forth in this section,
the Indiana horse racing commission may:
(1) issue a warning to the licensee;
(2) impose a civil penalty that may not exceed one million dollars
($1,000,000); or
(3) suspend a meeting permit issued under IC 4-31-5 to conduct
a pari-mutuel wagering horse racing meeting in Indiana.
(i) A civil penalty collected under this section must be deposited in
the state general fund.
(j) For a state fiscal year beginning after June 30, 2008, and ending
before July 1, 2009, the amount of money dedicated to the purposes
described in subsection (b) for a particular state fiscal year is equal to
the lesser of:
(1) fifteen percent (15%) of the licensee's adjusted gross receipts
for the state fiscal year; or
(2) eighty-five million dollars ($85,000,000).
If fifteen percent (15%) of a licensee's adjusted gross receipts for the
state fiscal year exceeds the amount specified in subdivision (2), the
licensee shall transfer the amount of the excess to the commission for
deposit in the state general fund. The licensee shall adjust the transfers
required under this section in the final month of the state fiscal year to
comply with the requirements of this subsection.
(k) For a state fiscal year beginning after June 30, 2009, the amount
of money dedicated to the purposes described in subsection (b) for a
particular state fiscal year is equal to the lesser of:
(1) fifteen percent (15%) of the licensee's adjusted gross receipts
for the state fiscal year; or
(2) the amount dedicated to the purposes described in subsection
(b) in the previous state fiscal year increased by a percentage that
does not exceed the percent of increase in the United States
Department of Labor Consumer Price Index during the year
preceding the year in which an increase is established.
If fifteen percent (15%) of a licensee's adjusted gross receipts for the
state fiscal year exceeds the amount specified in subdivision (2), the
licensee shall transfer the amount of the excess to the commission for
deposit in the state general fund. The licensee shall adjust the transfers
required under this section in the final month of the state fiscal year to
comply with the requirements of this subsection.
(j) Notwithstanding subsections (a) through (d), an amount
collected from the adjusted gross receipts from slot machine
wagers made in June 2011 at a licensee's racetrack shall be
distributed on the schedule and in the manner specified in this
section as it was effective on June 30, 2011.
SOURCE: IC 4-35-8-1; (11)CR100101.39. -->
SECTION 39. IC 4-35-8-1, AS ADDED BY P.L.233-2007,
SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 1. (a) A graduated slot machine wagering tax is
imposed as follows on the adjusted gross taxable receipts received
from wagering on gambling games authorized by this article:
(1) Twenty-five percent (25%) of the first one hundred million
dollars ($100,000,000) of adjusted gross taxable receipts received
during the period beginning July 1 of each year and ending June
30 of the following year.
(2) Thirty percent (30%) of the adjusted gross taxable receipts in
excess of one hundred million dollars ($100,000,000) but not
exceeding two hundred million dollars ($200,000,000) received
during the period beginning July 1 of each year and ending June
30 of the following year.
(3) Thirty-five percent (35%) of the adjusted gross taxable
receipts in excess of two hundred million dollars ($200,000,000)
received during the period beginning July 1 of each year and
ending June 30 of the following year.
(b) A licensee shall remit the tax imposed by this section to the
department before the close of the business day following the day the
wagers are made. With respect to slot machine wagers made before
June 30, 2011, the amount of a licensee's taxable receipts is equal
to the licensee's adjusted gross receipts. With respect to slot
machine wagers made after June 30, 2011, the amount of a
licensee's taxable receipts for a particular day is equal to the result
determined under STEP THREE of the following formula:
STEP ONE: Determine the amount of adjusted gross receipts
received by the licensee during that day.
STEP TWO: Determine the sum of:
(A) the licensee's deduction amount determined for that
day under subsection (f); and
(B) the licensee's supplemental deduction amount
determined for that day under subsection (g).
STEP THREE: Determine the result of the STEP ONE
amount minus the STEP TWO amount.
(c) The department may require payment under this section to be
made by electronic funds transfer (as defined in IC 4-8.1-2-7(f)).
(d) If the department requires taxes to be remitted under this chapter
through electronic funds transfer, the department may allow the
licensee to file a monthly report to reconcile the amounts remitted to
the department.
(e) The payment of the tax under this section must be on a form
prescribed by the department.
(f) This section applies to slot machine wagers made under this
article after June 30, 2011. A licensee's deduction amount for a
particular day is equal to fifty-seven and five-tenths percent
(57.5%) of the amount that the licensee distributed under
IC 4-35-7-12 from wagers made for that day.
(g) This section applies to slot machine wagers made under this
article after June 30, 2011. A licensee's supplemental deduction
amount for the period beginning July 1 of each year and ending
June 30 of the following year is equal to the amount that the
licensee distributed under IC 4-35-7-12(b)(3) to the state general
fund, as determined by the budget agency, from wagers made for
the period beginning July 1 of each year and ending June 30 of the
following year. A licensee's supplemental deduction amount for a
particular day is equal to the amount that the licensee distributed
under IC 4-35-7-12(b)(3) to the state general fund, as determined
by the budget agency, from wagers made for that day.".
Delete page 100.
SOURCE: Page 101, line 1; (11)CR100101.101. -->
Page 101, delete lines 1 through 15.
Page 101, line 20, after "IC 4-35-7-12." insert " Fifteen percent
(15%) of the money deposited in the fund shall be transferred to
the Indiana state board of animal health to be used by the state
board to pay the costs associated with equine health and equine
care programs under IC 15-17.".
Page 104, between lines 13 and 14, begin a new paragraph and
insert:
SOURCE: IC 6-2.5-10-1; (11)CR100101.45. -->
"SECTION 45. IC 6-2.5-10-1, AS AMENDED BY P.L.146-2008,
SECTION 317, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 1. (a) The department shall account
for all state gross retail and use taxes that it collects.
(b) The department shall deposit those collections in the following
manner:
(1) Ninety-nine and one hundred seventy-eight two hundred
ninety-seven thousandths percent (99.178%) (99.297%) of the
collections shall be paid into the state general fund.
(2) Sixty-seven hundredths of one Five hundred fifty-one
thousandths percent (0.67%) (0.551%) of the collections shall
be paid into the public mass transportation fund established by
IC 8-23-3-8.
(3) Twenty-nine thousandths of one percent (0.029%) of the
collections shall be deposited into the industrial rail service fund
established under IC 8-3-1.7-2.
(4) One hundred twenty-three thousandths of one percent
(0.123%) of the collections shall be deposited into the commuter
rail service fund established under IC 8-3-1.5-20.5.".
SOURCE: Page 104, line 15; (11)CR100101.104. -->
Page 104, line 15, after "(a)" insert " This section applies to taxable
years that end in a state fiscal year beginning after June 30, 2012.
(b)".
Page 104, line 18, delete "(b)" and insert " (c)".
Page 104, line 23, delete "(c)" and insert " (d)".
Page 104, line 25, delete "(d)" and insert " (e)".
Page 104, line 28, delete "(e)" and insert " (f)".
Page 104, delete line 40.
Page 104, line 41, delete "(B)" and insert " (A)".
Page 104, line 41, delete "sixty and twenty-four hundredths" and
insert " sixty-two and seven-tenths".
Page 104, line 42, delete "(60.24%)." and insert " (62.7%).".
Page 104, line 43, delete "(C)" and insert " (B)".
Page 104, line 43, delete "fifty-four and five-tenths" and insert
" fifty-six and ninety-six hundredths".
Page 104, line 43, delete "(54.5%)." and insert " (56.96%).".
Page 104, strike line 48.
Page 105, strike lines 1 through 2.
Page 105, line 3, strike "(7)" and insert " (6)".
Page 106, between lines 1 and 2, begin a new paragraph and insert:
SOURCE: IC 11-10-5-6; (11)CR100101.48. -->
"SECTION 48. IC 11-10-5-6 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 6. The department may provide financial assistance
for tuition, books, and supplies for an offender who:
(1) is:
(A) convicted of a felony;
(B) sentenced to a term of imprisonment for that felony;
and
(C) confined for that felony by the department; and
(2) enrolls in a degree program at an eligible institution (as
defined in IC 21-12-1-8(2)) of higher education.".
SOURCE: Page 106, line 40; (11)CR100101.106. -->
Page 106, delete lines 40 through 47.
Delete pages 107 through 108, begin a new paragraph and insert:
SOURCE: IC 12-15-35-28; (11)CR100101.50. -->
"SECTION 50. IC 12-15-35-28, AS AMENDED BY P.L.101-2005,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 28. (a) The board has the following duties:
(1) The adoption of rules to carry out this chapter, in accordance
with the provisions of IC 4-22-2 and subject to any office
approval that is required by the federal Omnibus Budget
Reconciliation Act of 1990 under Public Law 101-508 and its
implementing regulations.
(2) The implementation of a Medicaid retrospective and
prospective DUR program as outlined in this chapter, including
the approval of software programs to be used by the pharmacist
for prospective DUR and recommendations concerning the
provisions of the contractual agreement between the state and any
other entity that will be processing and reviewing Medicaid drug
claims and profiles for the DUR program under this chapter.
(3) The development and application of the predetermined criteria
and standards for appropriate prescribing to be used in
retrospective and prospective DUR to ensure that such criteria
and standards for appropriate prescribing are based on the
compendia and developed with professional input with provisions
for timely revisions and assessments as necessary.
(4) The development, selection, application, and assessment of
interventions for physicians, pharmacists, and patients that are
educational and not punitive in nature.
(5) The publication of an annual report that must be subject to
public comment before issuance to the federal Department of
Health and Human Services and to the Indiana legislative council
by December 1 of each year. The report issued to the legislative
council must be in an electronic format under IC 5-14-6.
(6) The development of a working agreement for the board to
clarify the areas of responsibility with related boards or agencies,
including the following:
(A) The Indiana board of pharmacy.
(B) The medical licensing board of Indiana.
(C) The SURS staff.
(7) The establishment of a grievance and appeals process for
physicians or pharmacists under this chapter.
(8) The publication and dissemination of educational information
to physicians and pharmacists regarding the board and the DUR
program, including information on the following:
(A) Identifying and reducing the frequency of patterns of
fraud, abuse, gross overuse, or inappropriate or medically
unnecessary care among physicians, pharmacists, and
recipients.
(B) Potential or actual severe or adverse reactions to drugs.
(C) Therapeutic appropriateness.
(D) Overutilization or underutilization.
(E) Appropriate use of generic drugs.
(F) Therapeutic duplication.
(G) Drug-disease contraindications.
(H) Drug-drug interactions.
(I) Incorrect drug dosage and duration of drug treatment.
(J) Drug allergy interactions.
(K) Clinical abuse and misuse.
(9) The adoption and implementation of procedures designed to
ensure the confidentiality of any information collected, stored,
retrieved, assessed, or analyzed by the board, staff to the board, or
contractors to the DUR program that identifies individual
physicians, pharmacists, or recipients.
(10) The implementation of additional drug utilization review
with respect to drugs dispensed to residents of nursing facilities
shall not be required if the nursing facility is in compliance with
the drug regimen procedures under 410 IAC 16.2-3.1 and 42 CFR
483.60.
(11) The research, development, and approval of a preferred drug
list for:
(A) Medicaid's fee for service program;
(B) Medicaid's primary care case management program;
(C) Medicaid's risk based managed care program, if the office
provides a prescription drug benefit and subject to IC 12-15-5;
and
(D) the children's health insurance program under IC 12-17.6;
in consultation with the therapeutics committee.
(12) The approval of the review and maintenance of the preferred
drug list at least two (2) times per year.
(13) The preparation and submission of a report concerning the
preferred drug list at least two (2) times per year to the select joint
commission on Medicaid oversight established by IC 2-5-26-3.
(14) The collection of data reflecting prescribing patterns related
to treatment of children diagnosed with attention deficit disorder
or attention deficit hyperactivity disorder.
(15) Advising the Indiana comprehensive health insurance
association established by IC 27-8-10-2.1 concerning
implementation of chronic disease management and
pharmaceutical management programs under IC 27-8-10-3.5.
(b) The board shall use the clinical expertise of the therapeutics
committee in developing a preferred drug list. The board shall also
consider expert testimony in the development of a preferred drug list.
(c) In researching and developing a preferred drug list under
subsection (a)(11), the board shall do the following:
(1) Use literature abstracting technology.
(2) Use commonly accepted guidance principles of disease
management.
(3) Develop therapeutic classifications for the preferred drug list.
(4) Give primary consideration to the clinical efficacy or
appropriateness of a particular drug in treating a specific medical
condition.
(5) Include in any cost effectiveness considerations the cost
implications of other components of the state's Medicaid program
and other state funded programs.
(d) Prior authorization is required for coverage under a program
described in subsection (a)(11) of a drug that is not included on the
preferred drug list.
(e) (d) The board shall determine whether to include a single source
covered outpatient drug that is newly approved by the federal Food and
Drug Administration on the preferred drug list not later than sixty (60)
days after the date on which the manufacturer notifies the board in
writing of the drug's approval. However, if the board determines that
there is inadequate information about the drug available to the board
to make a determination, the board may have an additional sixty (60)
days to make a determination from the date that the board receives
adequate information to perform the board's review. Prior authorization
may not be automatically required for a single source drug that is newly
approved by the federal Food and Drug Administration, and that is:
(1) in a therapeutic classification:
(A) that has not been reviewed by the board; and
(B) for which prior authorization is not required; or
(2) the sole drug in a new therapeutic classification that has not
been reviewed by the board.
(f) (e) The board may not exclude a drug from the preferred drug list
based solely on price.
(g) (f) The following requirements apply to a preferred drug list
developed under subsection (a)(11):
(1) Except as provided by In accordance with
IC 12-15-35.5-3(b), and IC 12-15-35.5-3(c), the office or the
board may require prior authorization for a drug that is included
on the preferred drug list under the following circumstances:
(A) To override a prospective drug utilization review alert.
(B) To permit reimbursement for a medically necessary brand
name drug that is subject to generic substitution under
IC 16-42-22-10.
(C) To prevent fraud, abuse, waste, overutilization, or
inappropriate utilization.
(D) To permit implementation of a disease management
program.
(E) To implement other initiatives permitted by state or federal
law.
(F) A psychiatrist licensed under IC 25-22.5 may not be
required to receive prior authorization to prescribe a drug
included on the preferred drug list.
(G) A provider may not be required to obtain prior
authorization for a mental health prescription that is for a
Medicaid recipient who:
(i) was enrolled in the Medicaid program before July 1,
2011, and who has continuously been enrolled in the
Medicaid program; and
(ii) has been prescribed and taking the mental health
drug since before July 1, 2011.
(2) All drugs described in IC 12-15-35.5-3(b) must be included on
the preferred drug list. may be considered:
(A) preferred or nonpreferred; or
(B) not subject to the preferred drug list (PDL) process.
(3) The office may add a drug that has been approved by the
federal Food and Drug Administration to the preferred drug list
without prior approval from the board.
(4) The board may add a drug that has been approved by the
federal Food and Drug Administration to the preferred drug list.
(h) (g) At least two (2) times each year, the board shall provide a
report to the select joint commission on Medicaid oversight established
by IC 2-5-26-3. The report must contain the following information:
(1) The cost of administering the preferred drug list.
(2) Any increase in Medicaid physician, laboratory, or hospital
costs or in other state funded programs as a result of the preferred
drug list.
(3) The impact of the preferred drug list on the ability of a
Medicaid recipient to obtain prescription drugs.
(4) The number of times prior authorization was requested, and
the number of times prior authorization was:
(A) approved; and
(B) disapproved.
(i) (h) The board shall provide the first report required under
subsection (h) (g) not later than six (6) months after the board submits
an initial preferred drug list to the office.".
SOURCE: Page 109, line 1; (11)CR100101.109. -->
Page 109, delete lines 1 through 27.
Page 109, delete lines 43 through 47.
Delete pages 110 through 111.
` Page 112, delete lines 1 through 21.
Page 112, delete lines 46 through 47.
Page 113, delete lines 1 through 33.
Page 114, delete lines 3 through 37, begin a new paragraph and
insert:
SOURCE: IC 12-24-1-3; (11)CR100101.56. -->
"SECTION 56. IC 12-24-1-3, AS AMENDED BY P.L.141-2006,
SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 3. (a) The director of the division of mental health
and addiction has administrative control of and responsibility for the
following state institutions:
(1) Evansville State Hospital.
(2) Evansville State Psychiatric Treatment Center for Children.
(3) Larue D. Carter Memorial Hospital.
(4) Logansport State Hospital.
(5) Madison State Hospital.
(6) Richmond State Hospital.
(7) Any other state owned or operated mental health institution.
(b) Subject to the approval of the director of the budget agency and
the governor, the director of the division of mental health and addiction
may contract for the management and clinical operation of Larue D.
Carter Memorial Hospital.
(c) The following applies only to the institutions described in
subsection (a)(1) and (a)(2):
(1) Notwithstanding any other statute or policy, the division of
mental health and addiction may not do the following after
December 31, 2001, unless specifically authorized by a statute
enacted by the general assembly:
(A) Terminate, in whole or in part, normal patient care or other
operations at the facility.
(B) Reduce the staffing levels and classifications below those
in effect at the facility on January 1, 2002.
(C) Terminate the employment of an employee of the facility
except in accordance with IC 4-15-2.
(2) The division of mental health and addiction shall fill a
vacancy created by a termination described in subdivision (1)(C)
so that the staffing levels at the facility are not reduced below the
staffing levels in effect on January 1, 2002.
(3) Notwithstanding any other statute or policy, the division of
mental health and addiction may not remove, transfer, or
discharge any patient at the facility unless the removal, transfer,
or discharge is in the patient's best interest and is approved by:
(A) the patient or the patient's parent or guardian;
(B) the individual's gatekeeper; and
(C) the patient's attending physician.
(c) The division of mental health and addiction shall maintain
normal patient care, including maintaining the Joint Commission
on Accreditation of Healthcare Organizations (JCAHO) standards
for clinical care, at the facilities described in subsection (a)(1) and
(a)(2) unless a reduction or the termination of normal patient care
is specifically authorized by a statute enacted by the general
assembly or is specifically recommended by the council established
by section 3.5 of this chapter.
(d) The Evansville State Psychiatric Treatment Center for Children
shall remain independent of Evansville State Hospital and the
southwestern Indiana community mental health center, and the
Evansville State Psychiatric Treatment Center for Children shall
continue to function autonomously unless a change in administration
is specifically:
(1) authorized by an enactment of the general assembly; or
(2) recommended by the council established by section 3.5 of
this chapter before January 1, 2014.
SOURCE: IC 12-24-1-3.5; (11)CR100101.57. -->
SECTION 57. IC 12-24-1-3.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 3.5. (a) The council on Evansville
state hospitals is established.
(b) The council consists of the following members:
(1) One (1) superior court judge having exclusive juvenile
jurisdiction in Vanderburgh County, who shall act as
chairperson of the council.
(2) The director of the division of mental health and addiction
or the director's designee.
(3) Two (2) members of the senate, appointed by the president
pro tempore of the senate. The members appointed under this
subdivision:
(A) may not be members of the same political party; and
(B) must represent Evansville or a surrounding area.
(4) Two (2) members of the house of representatives,
appointed by the speaker of the house of representatives. The
members appointed under this subdivision:
(A) may not be members of the same political party; and
(B) must represent Evansville or a surrounding area.
(5) Two (2) mental health providers that provide mental
health services in the Evansville area.
(6) One (1) member who:
(A) resides in the Evansville area; and
(B) provides services in the community, including:
(i) law enforcement services; or
(ii) children's services.
(7) The superintendent of the Evansville State Psychiatric
Treatment Center for Children, or the superintendent's
designee.
(8) The superintendent of the Evansville State Hospital, or the
superintendent's designee.
(9) One (1) representative of a statewide mental health
association.
(10) One (1) parent of a child who has received services at the
Evansville State Psychiatric Treatment Center for Children
and who is not associated with the Evansville State
Psychiatric Treatment Center for Children or the Evansville
State Hospital except as a consumer.
(c) The president pro tempore of the senate shall appoint the
members under subsection (b)(1) and (b)(9) and one (1) member
under subsection (b)(5). The speaker of the house of
representatives shall appoint the members under subsection (b)(6)
and (b)(10) and one (1) member under subsection (b)(5).
(d) The council has the following duties:
(1) Review the following:
(A) The mental health and addiction services available to
children in the Evansville area.
(B) The quality of the care provided to patients in the
facilities described in section 3(a)(1) and 3(a)(2) of this
chapter.
(C) The utilization of the facilities described in section
3(a)(1) and 3(a)(2) of this chapter and the cause for any
underutilization.
(2) Determine the viability and need for the facilities
described in section 3(a)(1) and 3(a)(2) of this chapter.
(3) Provide recommendations to:
(A) the office of the secretary; and
(B) the general assembly, in electronic format under
IC 5-14-6;
concerning the council's findings under this subsection,
including whether the council is making a recommendation
under section 3 of this chapter.
(e) The division of mental health and addiction shall staff the
council.
(f) The expenses of the council shall be paid by the division of
mental health and addiction.
(g) A member of the council is not entitled to a salary per diem
or traveling expenses.
(h) The members described in subsection (b)(7) and (b)(8) shall
serve as nonvoting members. The affirmative votes of a majority
of the voting members of the council are required for the council
to take action on any recommendation.
(i) This section expires December 31, 2013.
SOURCE: IC 16-28-15; (11)CR100101.58. -->
SECTION 58. IC 16-28-15 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
AUGUST 1, 2011]:
Chapter 15. Health Facility Quality Assessment Fee
Sec. 1. The imposition of a quality assessment fee under this
chapter occurs after July 31, 2011.
Sec. 2. As used in this chapter, "continuing care retirement
community" means a health care facility that:
(1) provides independent living services and health facility
services in a campus setting with common areas;
(2) holds continuing care agreements with at least twenty-five
percent (25%) of its residents (as defined in IC 23-2-4-1);
(3) uses the money from the agreements described in
subdivision (2) to provide services to a resident before the
resident may be eligible for Medicaid under IC 12-15; and
(4) meets the requirements of IC 23-2-4.
Sec. 3. As used in this chapter, "health facility" refers to a
health facility that is licensed under this article as a comprehensive
care facility.
Sec. 4. As used in this chapter, "nursing facility" means a health
facility that is certified for participation in the federal Medicaid
program under Title XIX of the federal Social Security Act (42
U.S.C. 1396 et seq.).
Sec. 5. As used in this chapter, "office" refers to the office of
Medicaid policy and planning established by IC 12-8-6-1.
Sec. 6. (a) After July 31, 2011, the office shall collect a quality
assessment fee from each health facility under this chapter.
(b) The quality assessment fee must apply to all non-Medicare
patient days of the health facility. The office shall determine the
quality assessment rate per non-Medicare patient day in a manner
that collects the maximum amount permitted by federal law as of
July 1, 2011, based on the latest nursing facility financial reports
and nursing facility quality assessment data collection forms as of
July 28, 2010.
(c) The office shall offset the collection of the assessment fee for
a health facility:
(1) against a Medicaid payment to the health facility;
(2) against a Medicaid payment to another health facility that
is related to the health facility through common ownership or
control; or
(3) in another manner determined by the office.
Sec. 7. The office shall implement the waiver approved by the
United States Centers for Medicare and Medicaid Services under
42 CFR 433.68(e)(2) that provides for the following:
(1) Nonuniform quality assessment fee rates.
(2) An exemption from collection of a quality assessment fee
from the following:
(A) A continuing care retirement community as follows:
(i) A continuing care retirement community that was
registered with the securities commissioner as a
continuing care retirement community on January 1,
2007, is not required to meet the definition of a
continuing care retirement community in section 2 of
this chapter.
(ii) A continuing care retirement community that, for the
period January 1, 2007, through June 30, 2009, operated
independent living units, at least twenty-five percent
(25%) of which are provided under contracts that
require the payment of a minimum entrance fee of at
least twenty-five thousand dollars ($25,000).
(iii) An organization registered under IC 23-2-4 before
July 1, 2009, that provides housing in an independent
living unit for a religious order.
(iv) A continuing care retirement community that meets
the definition set forth in section 2 of this chapter.
(B) A hospital based health facility.
(C) The Indiana Veterans' Home.
Any revision to the state plan amendment or waiver request under
this section is subject to and must comply with this chapter.
Sec. 8. (a) The money collected from the quality assessment fee
may be used only as follows:
(1) Seventy percent (70%) to pay the state's share of costs for
Medicaid nursing facility services provided under Title XIX
of the federal Social Security Act (42 U.S.C. 1396 et seq.).
(2) Thirty percent (30%) to pay the state's share of costs for
other Medicaid services provided under Title XIX of the
federal Social Security Act (42 U.S.C. 1396 et seq.).
(b) Any increase in reimbursement for Medicaid nursing facility
services resulting from maximizing the quality assessment under
section 6(b) of this chapter shall be directed exclusively to
initiatives determined by the office to promote and enhance
improvements in quality of care to nursing facility residents.
(c) The office may establish a method to allow a health facility
to enter into an agreement to pay the quality assessment fee
collected under this chapter under an installment plan.
Sec. 9. If federal financial participation becomes unavailable to
match money collected from the quality assessment fees for the
purpose of enhancing reimbursement to nursing facilities for
Medicaid services provided under Title XIX of the federal Social
Security Act (42 U.S.C. 1396 et seq.), the office shall cease
collection of the quality assessment fee under this chapter.
Sec. 10. The office shall adopt rules under IC 4-22-2 necessary
to implement this chapter.
Sec. 11. (a) If a health facility fails to pay the quality assessment
fee under this chapter not later than ten (10) days after the date the
payment is due, the health facility shall pay interest on the quality
assessment fee at the same rate as determined under
IC 12-15-21-3(6)(A).
(b) The office shall report to the state department each nursing
facility and each health facility that fails to pay the quality
assessment fee under this chapter not later than one hundred
twenty (120) days after payment of the quality assessment fee is
due.
Sec. 12. (a) The state department shall do the following:
(1) Notify each nursing facility and each health facility
reported under section 11 of this chapter that the nursing
facility's license or health facility's license under IC 16-28 will
be revoked if the quality assessment fee is not paid.
(2) Revoke the nursing facility's license or health facility's
license under IC 16-28 if the nursing facility or the health
facility fails to pay the quality assessment fee.
(b) An action taken under subsection (a)(2) is governed by:
(1) IC 4-21.5-3-8; or
(2) IC 4-21.5-4.
Sec. 13. The select joint commission on Medicaid oversight
established by IC 2-5-26-3 shall review the implementation of this
chapter.
Sec. 14. This chapter expires June 30, 2014.".
SOURCE: Page 115, line 39; (11)CR100101.115. -->
Page 115, delete lines 39 through 47, begin a new paragraph and
insert:
SOURCE: IC 20-24-7-6.5; (11)CR100101.60. -->
"SECTION 60. IC 20-24-7-6.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 6.5. (a) Subject to subsection (b)
and with the approval of a majority of the members of the
governing body, a school corporation may distribute any part of
the following to a conversion school sponsored by the school
corporation in the amount and under the terms and conditions
adopted by a majority of the members of the governing body:
(1) State tuition support and other state distributions to the
school corporation.
(2) Any other amount deposited in the school corporation's
general fund.
(b) The total amount that may be transferred under subsection
(a) in a calendar year to a particular conversion charter school
may not exceed the result determined under STEP FOUR of the
following formula:
STEP ONE: Determine the result of:
(A) the amount of state tuition support that the school
corporation is eligible to receive in the calendar year;
divided by
(B) the current ADM of the school corporation for the
calendar year.
STEP TWO: Determine the result of:
(A) the amount of state tuition support that the conversion
charter school is eligible to receive in the calendar year;
divided by
(B) the current ADM of the conversion charter school for
the calendar year.
STEP THREE: Determine the greater of zero (0) or result of:
(A) the STEP ONE amount; minus
(B) the STEP TWO amount.
STEP FOUR: Determine the result of:
(A) the STEP THREE amount; multiplied by
(B) the current ADM of the conversion charter school for
the calendar year.
SOURCE: IC 20-26-11-13; (11)CR100101.61. -->
SECTION 61. IC 20-26-11-13, AS AMENDED BY P.L.146-2008,
SECTION 471, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2012]: Sec. 13. (a) As used in this section,
the following terms have the following meanings:
(1) "Class of school" refers to a classification of each school or
program in the transferee corporation by the grades or special
programs taught at the school. Generally, these classifications are
denominated as kindergarten, elementary school, middle school
or junior high school, high school, and special schools or classes,
such as schools or classes for special education, career and
technical education, or career education.
(2) "Special equipment" means equipment that during a school
year:
(A) is used only when a child with disabilities is attending
school;
(B) is not used to transport a child to or from a place where the
child is attending school;
(C) is necessary for the education of each child with
disabilities that uses the equipment, as determined under the
individualized education program for the child; and
(D) is not used for or by any child who is not a child with
disabilities.
(3) "Student enrollment" means the following:
(A) The total number of students in kindergarten through
grade 12 who are enrolled in a transferee school corporation
on a date determined by the state board.
(B) The total number of students enrolled in a class of school
in a transferee school corporation on a date determined by the
state board.
However, a kindergarten student shall be counted under clauses
(A) and (B) as one-half (1/2) student. The state board may select
a different date for counts under this subdivision. However, the
same date shall be used for all school corporations making a count
for the same class of school.
(b) Each transferee corporation is entitled to receive for each school
year on account of each transferred student, except a student
transferred under section 6 of this chapter, transfer tuition from the
transferor corporation or the state as provided in this chapter. Transfer
tuition equals the amount determined under STEP THREE of the
following formula:
STEP ONE: Allocate to each transfer student the capital
expenditures for any special equipment used by the transfer
student and a proportionate share of the operating costs incurred
by the transferee school for the class of school where the transfer
student is enrolled.
STEP TWO: If the transferee school included the transfer student
in the transferee school's ADM for a school year, allocate to the
transfer student a proportionate share of the following general
fund revenues of the transferee school for, except as provided in
clause (C), the calendar year in which the school year ends:
(A) State tuition support distributions.
(B) Property tax levies under IC 20-45-7 and IC 20-45-8.
(C)
The sum of the following excise tax revenue
(as defined
in IC 20-43-1-12) received for deposit in the calendar year in
which the school year begins:
(i) Financial institution excise tax revenue (IC 6-5.5).
(ii) Motor vehicle excise taxes (IC 6-6-5).
(iii) Commercial vehicle excise taxes (IC 6-6-5.5).
(iv) Boat excise tax (IC 6-6-11).
(v) Aircraft license excise tax (IC 6-6-6.5).
(D) Allocations to the transferee school under IC 6-3.5.
STEP THREE: Determine the greater of:
(A) zero (0); or
(B) the result of subtracting the STEP TWO amount from the
STEP ONE amount.
If a child is placed in an institution or facility in Indiana by or with the
approval of the department of child services, the institution or facility
shall charge the department of child services for the use of the space
within the institution or facility (commonly called capital costs) that is
used to provide educational services to the child based upon a prorated
per student cost.
(c) Operating costs shall be determined for each class of school
where a transfer student is enrolled. The operating cost for each class
of school is based on the total expenditures of the transferee
corporation for the class of school from its general fund expenditures
as specified in the classified budget forms prescribed by the state board
of accounts. This calculation excludes:
(1) capital outlay;
(2) debt service;
(3) costs of transportation;
(4) salaries of board members;
(5) contracted service for legal expenses; and
(6) any expenditure that is made from extracurricular account
receipts;
for the school year.
(d) The capital cost of special equipment for a school year is equal
to:
(1) the cost of the special equipment; divided by
(2) the product of:
(A) the useful life of the special equipment, as determined
under the rules adopted by the state board; multiplied by
(B) the number of students using the special equipment during
at least part of the school year.
(e) When an item of expense or cost described in subsection (c)
cannot be allocated to a class of school, it shall be prorated to all
classes of schools on the basis of the student enrollment of each class
in the transferee corporation compared with the total student
enrollment in the school corporation.
(f) Operating costs shall be allocated to a transfer student for each
school year by dividing:
(1) the transferee school corporation's operating costs for the class
of school in which the transfer student is enrolled; by
(2) the student enrollment of the class of school in which the
transfer student is enrolled.
When a transferred student is enrolled in a transferee corporation for
less than the full school year of student attendance, the transfer tuition
shall be calculated by the part of the school year for which the
transferred student is enrolled. A school year of student attendance
consists of the number of days school is in session for student
attendance. A student, regardless of the student's attendance, is enrolled
in a transferee school unless the student is no longer entitled to be
transferred because of a change of residence, the student has been
excluded or expelled from school for the balance of the school year or
for an indefinite period, or the student has been confirmed to have
withdrawn from school. The transferor and the transferee corporation
may enter into written agreements concerning the amount of transfer
tuition due in any school year. If an agreement cannot be reached, the
amount shall be determined by the state board, and costs may be
established, when in dispute, by the state board of accounts.
(g) A transferee school shall allocate revenues described in
subsection (b) STEP TWO to a transfer student by dividing:
(1) the total amount of revenues received; by
(2) the ADM of the transferee school for the school year that ends
in the calendar year in which the revenues are received.
However, for state tuition support distributions or any other state
distribution computed using less than the total ADM of the transferee
school, the transferee school shall allocate the revenues to the transfer
student by dividing the revenues that the transferee school is eligible
to receive in a calendar year by the student count used to compute the
state distribution.
(h) Instead of the payments provided in subsection (b), the
transferor corporation or state owing transfer tuition may enter into a
long term contract with the transferee corporation governing the
transfer of students. The contract may:
(1) be entered into for a period of not more than five (5) years
with an option to renew;
(2) specify a maximum number of students to be transferred; and
(3) fix a method for determining the amount of transfer tuition
and the time of payment, which may be different from that
provided in section 14 of this chapter.
(i) A school corporation may negotiate transfer tuition agreements
with a neighboring school corporation that can accommodate additional
students. Agreements under this section may:
(1) be for one (1) year or longer; and
(2) fix a method for determining the amount of transfer tuition or
time of payment that is different from the method, amount, or
time of payment that is provided in this section or section 14 of
this chapter.
A school corporation may not transfer a student under this section
without the prior approval of the child's parent.
SOURCE: IC 20-40-8-1; (11)CR100101.62. -->
SECTION 62. IC 20-40-8-1, AS AMENDED BY P.L.146-2008,
SECTION 477, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2012]: Sec. 1. As used in this chapter,
"calendar year distribution" means the sum of the following:
(1) A school corporation's:
(A) state tuition support; and
(B) maximum permissible tuition support levy (as defined in
IC 20-45-1-15 before its repeal);
for the calendar year.
(2) The school corporation's sum of the following excise tax
revenue (as defined in IC 20-43-1-12) of the school corporation
for the immediately preceding calendar year:
(A) Financial institution excise tax revenue (IC 6-5.5).
(B) Motor vehicle excise taxes (IC 6-6-5).
(C) Commercial vehicle excise taxes (IC 6-6-5.5).
(D) Boat excise tax (IC 6-6-11).
(E) Aircraft license excise tax (IC 6-6-6.5).
SOURCE: IC 20-43-1-1; (11)CR100101.63. -->
SECTION 63. IC 20-43-1-1, AS AMENDED BY P.L.182-2009(ss),
SECTION 323, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 1. This article expires January 1,
2012. 2014.
SOURCE: IC 20-43-1-25; (11)CR100101.64. -->
SECTION 64. IC 20-43-1-25, AS AMENDED BY
P.L.182-2009(ss), SECTION 325, IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2012]: Sec. 25. "State tuition
support" means the amount of state funds to be distributed to:
(1) a school corporation other than a virtual charter school in any
calendar year under this article for all grants, distributions, and
awards described in IC 20-43-2-3; and
(2) a virtual charter school in any calendar year under
IC 20-24-7-13. IC 20-43-6-3.
SOURCE: IC 20-43-2-2; (11)CR100101.65. -->
SECTION 65. IC 20-43-2-2, AS AMENDED BY P.L.182-2009(ss),
SECTION 329, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2011 (RETROACTIVE)]: Sec. 2. The
maximum state distribution for a calendar year for all school
corporations for the purposes described in section 3 of this chapter is:
(1) five billion eight hundred twenty-nine million nine hundred
thousand dollars ($5,829,900,000) in 2009;
(2) six billion five hundred forty-eight million nine hundred
thousand dollars ($6,548,900,000) in 2010; and
(3) (1) six billion five two hundred sixty-eight forty-seven
million five seven hundred thousand dollars ($6,568,500,000)
($6,247,700,000) in 2011;
(2) six billion two hundred forty-seven million seven hundred
thousand dollars ($6,247,700,000) in 2012; and
(3) six billion two hundred forty-seven million seven hundred
thousand dollars ($6,247,700,000) in 2013.
SOURCE: IC 20-43-2-3; (11)CR100101.66. -->
SECTION 66. IC 20-43-2-3, AS AMENDED BY P.L.182-2009(ss),
SECTION 330, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2012]: Sec. 3. If the total amount to be
distributed:
(1) as basic tuition support;
(2) for academic honors diploma awards;
(3) for primetime distributions;
(4) for special education grants; and
(5) for career and technical education grants;
(6) for restoration grants; and
(7) for small school grants;
for a particular year exceeds the maximum state distribution for a
calendar year, the amount to be distributed for state tuition support
under this article 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 20-43-3-4; (11)CR100101.67. -->
SECTION 67. IC 20-43-3-4, AS AMENDED BY P.L.182-2009(ss),
SECTION 331, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2012]: 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 (c), subsection (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 actually
received for the year that precedes the current year.
(B) For calendar year 2010, the amount of education
stabilization funds received by the school corporation in
calendar year 2009 under Section 14002(a) of the federal
American Recovery and Reinvestment Act of 2009 (ARRA).
(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.
(B) For 2012, the restoration grant (IC 20-43-12
(repealed)) actually received for 2011.
(C) For 2012, the small school grant (IC 20-43-12.2
(repealed)) actually received for 2011.
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) (b) or IC 20-30-2-4.
(c) (b) 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.
(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 20-43-4-7; (11)CR100101.68. -->
SECTION 68. IC 20-43-4-7, AS AMENDED BY P.L.182-2009(ss),
SECTION 332, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2012]: Sec. 7.
(a) This subsection does not
apply to a charter school. When calculating adjusted ADM for
2010
2012 distributions, this subsection, as effective after December 31,
2009, 2011, shall be used to calculate the adjusted ADM for the
previous year rather than the calculation used to calculate adjusted
ADM for
2009 2011 distributions. For purposes of this article, a school
corporation's "adjusted ADM" for the current year is the result
determined under the following formula:
STEP ONE: Determine the sum of the following:
(A) The school corporation's ADM for the year preceding the
current year by two (2) years divided by three (3).
(B) The school corporation's ADM for the year preceding the
current year by one (1) year divided by three (3).
(C) The school corporation's ADM for the current year divided
by three (3).
STEP TWO: Determine the school corporation's ADM for the
current year.
STEP THREE: Determine the greater of the following:
(A) The STEP ONE result.
(B) The STEP TWO result.
(b) A charter school's adjusted ADM for purposes of this article is
the charter school's current ADM. school corporation's current
ADM.
SOURCE: IC 20-43-5-3; (11)CR100101.69. -->
SECTION 69. IC 20-43-5-3, AS AMENDED BY P.L.182-2009(ss),
SECTION 333, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2012]: 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:
(A) 2007 for purposes of determining the complexity index
in 2009, and 2009 2011 for the purposes of determining the
complexity index in 2010 2012 and 2011; 2013; or
(B) the first year of operation of the school corporation.
(2) Determine the quotient of:
(A) in 2009:
(i) two thousand four hundred dollars ($2,400); divided by
(ii) four thousand eight hundred twenty-five dollars
($4,825);
(B) in 2010:
(i) two thousand two hundred sixty-three dollars ($2,263);
divided by
(ii) four thousand five hundred fifty dollars ($4,550); and
(C) in 2011:
(i) two thousand two hundred forty-one dollars ($2,241);
divided by
(ii) four thousand five hundred five dollars ($4,505);
(A) in 2012:
(i) two thousand one hundred thirteen dollars ($2,113);
divided by
(ii) four thousand two hundred forty-seven dollars
($4,247); and
(B) in 2013:
(i) two thousand one hundred twenty-two dollars
($2,122); divided by
(ii) four thousand two hundred sixty-six dollars ($4,266).
(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 in
2012 is equal to or greater than at least one and twenty-five
twenty-eight hundredths (1.25). (1.28) and applies if the STEP
TWO result in 2013 is at least one and thirty-one hundredths
(1.31). Determine the result of the following:
(1) In 2012, subtract one and twenty-five twenty-eight
hundredths (1.25) (1.28) and in 2013, subtract one and
thirty-one hundredths (1.31) 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; (11)CR100101.70. -->
SECTION 70. IC 20-43-5-4, AS AMENDED BY P.L.182-2009(ss),
SECTION 334, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2012]: 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: The STEP ONE amount is:
(A) in 2009, four thousand eight hundred twenty-five dollars
($4,825);
(B) in 2010, four thousand five hundred fifty dollars ($4,550);
and
(C) in 2011, four thousand five hundred five dollars ($4,505);
(A) in 2012, four thousand two hundred forty-seven dollars
($4,247); and
(B) in 2013, four thousand two hundred sixty-six dollars
($4,266).
STEP TWO: Multiply the STEP ONE amount by the school
corporation's complexity index.
SOURCE: IC 20-43-5-6; (11)CR100101.71. -->
SECTION 71. IC 20-43-5-6, AS AMENDED BY P.L.182-2009(ss),
SECTION 336, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2012]: Sec. 6. (a) A school corporation's
transition to foundation amount for a calendar year is equal to the result
determined under STEP
THREE TWO of the following formula:
STEP ONE: Determine the difference of:
(A) the school corporation's foundation amount; minus
(B) the
lesser of:
(i) the school corporation's previous year revenue
foundation amount;
or
(ii) the result of the school corporation's foundation
amount multiplied by one and two-tenths (1.2).
STEP TWO: Divide the STEP ONE result by:
(A) three (3) in 2009;
(B) two (2) in 2010; and
(C) one (1) in 2011.
STEP
THREE: TWO: A school corporation's STEP
THREE
TWO 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 TWO 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 TWO 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
one hundred fifty dollars (-$150) and not more than fifty
dollars ($50).
(ii) The sum of the school corporation's previous year
revenue foundation amount and the greater of the school
corporation's STEP TWO amount or fifty dollars ($50), if
the school corporation's STEP ONE amount is greater than
fifty dollars ($50). zero (0) or greater.
(iii) (ii) The amount determined under subsection (b), if the
school corporation's STEP ONE amount is less than
negative. one hundred fifty dollars (-$150). zero (0).
(b) For the purposes of STEP
THREE (C)(iii) TWO (C)(ii) in
subsection (a), determine the result of:
(1) the
result determined for the school
corporation's previous
year revenue foundation amount; corporation under STEP ONE
(B) of subsection (a); minus
(2) the greater of:
(A) one hundred fifty dollars ($150); or
(B) the result of:
(i) (A) the absolute value of the STEP ONE amount; divided
by
(ii) nine (9) in 2010, and eight (8) in 2011. (B) nine (9) in
2012 and eight (8) in 2013.
SOURCE: IC 20-43-5-7; (11)CR100101.72. -->
SECTION 72. IC 20-43-5-7, AS AMENDED BY P.L.182-2009(ss),
SECTION 337, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2012]: Sec. 7. A school corporation's
transition to foundation revenue for a calendar year is equal to the
product of:
(1) the school corporation's transition to foundation amount for
the calendar year; multiplied by
(2) the school corporation's
(A) current ADM. if the current ADM for the school
corporation is less than one hundred (100); and
(B) current adjusted ADM, if clause (A) does not apply.
SOURCE: IC 20-43-6-3; (11)CR100101.73. -->
SECTION 73. IC 20-43-6-3, AS AMENDED BY P.L.182-2009(ss),
SECTION 339, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2012]: Sec. 3. (a) A school corporation's
basic tuition support for a 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 for a year that is
not equal to the foundation amount for the year. The school
corporation's basic tuition support for a year is equal to the school
corporation's transition to foundation revenue for the year.
(c) This subsection applies to a school corporation that has
transition to foundation revenue per adjusted ADM for a year that is
equal to the foundation amount for the year. The school corporation's
basic tuition support for a year is the sum of the following:
(1) The foundation amount for the year multiplied by the school
corporation's adjusted ADM.
(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.
(d) (c) This subsection applies to students of a virtual charter school.
who are participating in the pilot program under IC 20-24-7-13. A
virtual charter school's basic tuition support for a year for those
students is the amount determined under IC 20-24-7-13.
SOURCE: IC 20-43-7-0.5; (11)CR100101.74. -->
SECTION 74. IC 20-43-7-0.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2012]: Sec. 0.5. This chapter does not
apply to a virtual charter school.
SOURCE: IC 20-43-8-0.5; (11)CR100101.75. -->
SECTION 75. IC 20-43-8-0.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2012]: Sec. 0.5. This chapter does not
apply to a virtual charter school.
SOURCE: IC 20-43-9-0.5; (11)CR100101.76. -->
SECTION 76. IC 20-43-9-0.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2012]: Sec. 0.5. This chapter does not
apply to a virtual charter school.
SOURCE: IC 20-43-9-6; (11)CR100101.77. -->
SECTION 77. IC 20-43-9-6, AS AMENDED BY P.L.182-2009(ss),
SECTION 342, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2012]: 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),
three-tenths (1.3), 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),
three-tenths (1.3) minus the school corporation's
complexity index.
(ii) Determine the item (i) result divided by
one-tenth (0.1).
two-tenths (0.2).
(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), three-tenths (1.3), 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 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: EIGHT: 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 SEVEN 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 SEVEN
amount.
SOURCE: IC 20-43-10-0.5; (11)CR100101.78. -->
SECTION 78. IC 20-43-10-0.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2012]: Sec. 0.5. This chapter does not
apply to a virtual charter school.
SOURCE: IC 21-12-3-13; (11)CR100101.79. -->
SECTION 79. IC 21-12-3-13, AS ADDED BY P.L.2-2007,
SECTION 253, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 13. The commission may deny not
provide assistance under this chapter to a higher education award
applicant or recipient who is:
(1) convicted of a felony;
(2) sentenced to a term of imprisonment for that felony; and
(3) confined for that felony at a penal facility (as defined in
IC 35-41-1-21).
SOURCE: IC 21-14-2-12.5; (11)CR100101.80. -->
SECTION 80. IC 21-14-2-12.5, AS ADDED BY P.L.224-2007,
SECTION 136, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 12.5.
This section applies to
tuition and mandatory fees that a board of trustees of a state
educational institution votes to increase after June 30, 2007.
(b) (a) After the enactment of a state budget, the commission for
higher education shall
recommend nonbinding establish tuition and
mandatory fee increase targets for each state educational institution
for
each school year in the ensuing biennium. State educational
institutions may not adopt tuition and mandatory fee increases that
exceed the tuition and mandatory fee targets established by the
commission under this subsection unless the budget director
authorizes a modification under subsection (c).
(c) (b) The state educational institution shall submit a report to the
state budget committee concerning the financial and budgetary factors
considered by the board of trustees in determining the amount of the
increase.
(d) (c) The
state budget committee
shall may review
the targets
recommended established under subsection
(b) (a) and reports
received under subsection
(c) and (b) for one (1) or more state
educational institutions. To facilitate a review, the budget
committee may request that a state educational institution appear at a
public meeting of the
state budget committee concerning the report.
Upon recommendation by the budget committee, the budget
director may increase or decrease one (1) or more tuition and
mandatory fee increase targets established by the commission. A
tuition and mandatory fee increase target established under this
subsection replaces the target established by the commission. State
educational institutions may not adopt tuition and mandatory fee
increases that exceed the tuition and mandatory fee targets
established by the budget director under this subsection.
(d) If a state educational institution implements a tuition and
mandatory fee increase that exceeds the applicable tuition and
mandatory fee increase target set under this section, the budget
director may withhold from the operating appropriation to the
state educational institution an amount equal to the amount by
which revenue generated by the tuition and mandatory fee
increases adopted by the state educational institution exceed the
revenue that would have been generated by imposing tuition and
mandatory fee increases equal to the applicable tuition and
mandatory fee increase target set under this section.
SOURCE: IC 21-33-3-3; (11)CR100101.81. -->
SECTION 81. IC 21-33-3-3, AS AMENDED BY P.L.31-2010,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. The commission for higher education shall
complete a review of a project approved or authorized by the general
assembly. within ninety (90) days after the project is submitted for
review. If the review is not completed within ninety (90) days, the
budget agency or the budget committee may proceed without the
commission's review.
SOURCE: IC 21-43-1-5; (11)CR100101.82. -->
SECTION 82. IC 21-43-1-5, AS ADDED BY P.L.234-2007,
SECTION 111, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 5. "Postsecondary credit":
(1) for purposes of section 5.5 of this chapter and
IC 21-43-1.5, means credit toward:
(A) an associate degree;
(B) a baccalaureate degree; or
(C) a career and technical education certification;
that is granted by a state educational institution upon the
successful completion of a course taken in a high school
setting in a program established under IC 21-43-4 or
IC 21-43-5;
(1) (2) for purposes of IC 21-43-2, means credit toward:
(A) an associate degree;
(B) a baccalaureate degree; or
(C) a career and technical education certification;
granted by a state educational institution upon the successful
completion of a course taken under a program established under
IC 21-43-2; and
(2) (3) for purposes of IC 21-43-5, means credit toward:
(A) an associate degree;
(B) a baccalaureate degree; or
(C) a career and technical education certification;
granted by a state educational institution upon the successful
completion of a course taken under a program established under
IC 21-43-5.
SOURCE: IC 21-43-1-5.5; (11)CR100101.83. -->
SECTION 83. IC 21-43-1-5.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 5.5. "Priority dual credit
course" refers to a course of study for postsecondary credit that
the commission designates as a priority dual credit course under
IC 21-43-1.5-1.
SOURCE: IC 21-43-1.5; (11)CR100101.84. -->
SECTION 84. IC 21-43-1.5 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Chapter 1.5. Priority Dual Credit Courses
Sec. 1. The commission may identify a set of courses that:
(1) are offered in the high school setting for postsecondary
credit; and
(2) receive state funding;
as priority dual credit courses.
Sec. 2. The rate charged to a student for a priority dual credit
course shall be set by the commission.".
SOURCE: Page 116, line 1; (11)CR100101.116. -->
Page 116, delete lines 1 through 8.
Page 122, delete lines 42 through 45, begin a new paragraph and
insert:
SOURCE: IC 33-38-5-8.1; (11)CR100101.66. -->
"SECTION 66. IC 33-38-5-8.1, AS ADDED BY P.L.159-2005,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 8.1. (a)
Beginning July 1, 2006, Subject to
subsection (f), the part of the total salary of an official:
(1) paid by the state; and
(2) set under section 6 or 8 of this chapter;
is increased in each state fiscal year in which the general assembly does
not amend the section of law under which the salary is determined to
provide a salary increase for the state fiscal year.
(b) The percentage by which salaries are increased in a state fiscal
year under this section is equal to the statewide average percentage, as
determined by the budget director, by which the salaries of state
employees in the executive branch who are in the same or a similar
salary bracket exceed, for the state fiscal year, the salaries of executive
branch state employees in the same or a similar salary bracket that were
in effect on July 1 of the immediately preceding state fiscal year.
(c) The amount of a salary increase under this section is equal to the
amount determined by applying the percentage increase for the
particular state fiscal year to the salary payable by the state, as
previously adjusted under this section, that is in effect on June 30 of the
immediately preceding state fiscal year.
(d) An official is not entitled to receive a salary increase under this
section in a state fiscal year in which state employees described in
subsection (b) do not receive a statewide average salary increase.
(e) If a salary increase is required under this section, the budget
director shall augment judicial appropriations, including the line items
for personal services for the supreme court, local judges' salaries, and
county prosecutors' salaries, in the state biennial budget in an amount
sufficient to pay for the salary increase from the sources of funds
determined by the budget director.
(f) An individual is not entitled to receive a salary or benefit
increase under this section in a state fiscal year beginning after
June 30, 2011, and ending before July 1, 2013, regardless of
whether state employees described in subsection (b) received a
statewide average salary increase. The salaries and benefits to
which this subsection applies include the following:
(1) The annual salary of members of the general assembly
(IC 2-3-1-1).
(2) The annual salary of a magistrate (IC 33-23-5-10).
(3) The annual salary of the tax court judge (IC 33-26-2-5).
(4) The annual salary of each full-time judge of a circuit,
superior, municipal, county, or probate court (section 6 of this
chapter).
(5) The annual salary for each justice of the supreme court
and each justice of the court of appeals (section 8 of this
chapter).
(6) A salary payable to a prosecuting attorney or deputy
prosecuting attorney (IC 33-39-6).
(7) Any other salary or benefit that is computed based on a
salary described in subdivisions (1) through (6).
SOURCE: IC 20-20-36.2; IC 20-40-16; IC 20-43-1-12; IC 20-43-
1-17; IC 20-43-1-21.5; IC 20-43-3-2; IC 20-43-12; IC 20-43-12.2.
; (11)CR100101.68. -->
SECTION 68. THE FOLLOWING ARE REPEALED [EFFECTIVE
JANUARY 1, 2012]: IC 20-20-36.2; IC 20-40-16; IC 20-43-1-12;
IC 20-43-1-17; IC 20-43-1-21.5; IC 20-43-3-2; IC 20-43-12;
IC 20-43-12.2.
SOURCE: ; (11)CR100101.69. -->
SECTION 69. P.L.182-2009(ss), SECTION 486, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: SEC. 486.
(a) As used in this SECTION, "continuing care retirement community"
means a health care facility that:
(1) provides independent living services and health facility
services in a campus setting with common areas;
(2) holds continuing care agreements with at least twenty-five
percent (25%) of its residents (as defined in IC 23-2-4-1);
(3) uses the money from the agreements described in subdivision
(2) to provide services to the resident before the resident may be
eligible for Medicaid under IC 12-15; and
(4) meets the requirements of IC 23-2-4.
(b) As used in this SECTION, "health facility" refers to a health
facility that is licensed under IC 16-28 as a comprehensive care facility.
(c) As used in this SECTION, "nursing facility" means a health
facility that is certified for participation in the federal Medicaid
program under Title XIX of the federal Social Security Act (42 U.S.C.
1396 et seq.).
(d) As used in this SECTION, "office" refers to the office of
Medicaid policy and planning established by IC 12-8-6-1.
(e)
Effective August 1, After July 31, 2003,
and before August 1,
2011, the office shall collect a quality assessment from each health
facility
under this SECTION. The office shall offset the collection of
the assessment for a health facility:
(1) against a Medicaid payment to the health facility by the office;
or
(2) in another manner determined by the office.
(f) The office shall implement the waiver approved by the United
States Centers for Medicare and Medicaid Services that provides for an
exemption from collection of a quality assessment from the following:
(1) A continuing care retirement community as follows:
(A) A continuing care retirement community that was
registered with the securities commissioner as a continuing
care retirement community on January 1, 2007, is not required
to meet the definition of a continuing care retirement
community in subsection (a).
(B) A continuing care retirement community that, for the
period January 1, 2007, through June 30, 2009, operates
independent living units, at least twenty-five percent (25%) of
which are provided under contracts that require the payment
of a minimum entrance fee of at least twenty-five thousand
dollars ($25,000).
(C) An organization registered under IC 23-2-4 before July 1,
2009, that provides housing in an independent living unit for
a religious order.
(D) A continuing care retirement community that meets the
definition set forth in subsection (a).
(2) A hospital based health facility.
(3) The Indiana Veterans' Home.
Any revision to the state plan amendment or waiver request under this
subsection is subject to and must comply with the provisions of this
SECTION.
(g) If the United States Centers for Medicare and Medicaid Services
determines not to approve payments under this SECTION using the
methodology described in subsections (d) and (e), the office shall
revise the state plan amendment and waiver request submitted under
this SECTION as soon as possible to demonstrate compliance with 42
CFR 433.68(e)(2)(ii) and to provide for collection of a quality
assessment from health facilities effective August 1, 2003.
(h) The money collected from the quality assessment may be used
only to pay the state's share of the costs for Medicaid services provided
under Title XIX of the federal Social Security Act (42 U.S.C. 1396 et
seq.) as follows:
(1) At the following percentages when the state's regular federal
medical assistance percentage (FMAP) applies, excluding the
time frame in which the adjusted FMAP is provided to the state
by the federal American Recovery and Reinvestment Act of 2009:
(A) Twenty percent (20%) as determined by the office.
(B) Eighty percent (80%) to nursing facilities.
(2) At the following percentages when the state's federal medical
assistance percentage (FMAP) is adjusted by the federal
American Recovery and Reinvestment Act of 2009:
(A) Forty percent (40%) as determined by the office.
(B) Sixty percent (60%) to nursing facilities.
(i) After:
(1) the amendment to the state plan and waiver request submitted
under this SECTION is approved by the United States Centers for
Medicare and Medicaid Services; and
(2) the office calculates and begins paying enhanced
reimbursement rates set forth in this SECTION;
the office shall begin the collection of the quality assessment set under
this SECTION. The office may establish a method to allow a facility to
enter into an agreement to pay the quality assessment collected under
this SECTION subject to an installment plan.
(j) If federal financial participation becomes unavailable to match
money collected from the quality assessments for the purpose of
enhancing reimbursement to nursing facilities for Medicaid services
provided under Title XIX of the federal Social Security Act (42 U.S.C.
1396 et seq.), the office shall cease collection of the quality assessment
under this SECTION.
(k) To implement this SECTION, the office shall adopt rules under
IC 4-22-2.
(l) Not later than July 1, 2003, the office shall do the following:
(1) Request the United States Department of Health and Human
Services under 42 CFR 433.72 to approve waivers of 42 CFR
433.68(c) and 42 CFR 433.68(d) by demonstrating compliance
with 42 CFR 433.68(e)(2)(ii).
(2) Submit any state Medicaid plan amendments to the United
States Department of Health and Human Services that are
necessary to implement this SECTION.
(m) After approval of the waivers and state Medicaid plan
amendment applied for under this SECTION, the office shall
implement this SECTION effective July 1, 2003.
(n) The select joint commission on Medicaid oversight, established
by IC 2-5-26-3, shall review the implementation of this SECTION. The
office may not make any change to the reimbursement for nursing
facilities unless the select joint commission on Medicaid oversight
recommends the reimbursement change.
(o) A nursing facility or a health facility may not charge the facility's
residents for the amount of the quality assessment that the facility pays
under this SECTION.
(p) The office may withdraw a state plan amendment submitted
under this SECTION only if the office determines that failure to
withdraw the state plan amendment will result in the expenditure of
state funds not funded by the quality assessment.
(q) If a health facility fails to pay the quality assessment under this
SECTION not later than ten (10) days after the date the payment is due,
the health facility shall pay interest on the quality assessment at the
same rate as determined under IC 12-15-21-3(6)(A).
(r) The office shall report to the state department of health each
nursing facility and each health facility that fails to pay the quality
assessment under this SECTION not later than one hundred twenty
(120) days after payment of the quality assessment is due.
(s) The state department of health shall do the following:
(1) Notify each nursing facility and each health facility reported
under subsection (r) that the nursing facility's or health facility's
license under IC 16-28 will be revoked if the quality assessment
is not paid.
(2) Revoke the nursing facility's or health facility's license under
IC 16-28 if the nursing facility or the health facility fails to pay
the quality assessment.
(t) An action taken under subsection (s)(2) is governed by:
(1) IC 4-21.5-3-8; or
(2) IC 4-21.5-4.
(u) The office shall report the following information to the select
joint commission on Medicaid oversight established by IC 2-5-26-3 at
every meeting of the commission:
(1) Before the quality assessment is approved by the United States
Centers for Medicare and Medicaid Services:
(A) an update on the progress in receiving approval for the
quality assessment; and
(B) a summary of any discussions with the United States
Centers for Medicare and Medicaid Services.
(2) After the quality assessment has been approved by the United
States Centers for Medicare and Medicaid Services:
(A) an update on the collection of the quality assessment;
(B) a summary of the quality assessment payments owed by a
nursing facility or a health facility; and
(C) any other relevant information related to the
implementation of the quality assessment.
(v) This SECTION expires August 1, 2011.
SOURCE: ; (11)CR100101.70. -->
SECTION 70. [EFFECTIVE UPON PASSAGE]
(a) The Council
of State Governments is exempt from the gross retail and use taxes
imposed under IC 6-2.5 for any transaction in which food or
beverage is furnished, prepared, or served to any person under a
contract with the Council of State Governments in connection with
the sixty-sixth annual meeting of the Midwestern Legislative
Conference to be held in July 2011. A caterer or other contractor
is not required to collect or remit taxes under IC 6-2.5 or IC 6-9 for
a transaction that is exempt under this SECTION. If the Council
of State Governments provides an exemption certificate issued
under IC 6-2.5 to a caterer or other contractor for a transaction
that is exempt under this SECTION, the caterer or other
contractor shall not collect or remit any taxes that would otherwise
be imposed under IC 6-2.5 or IC 6-9 for the transaction.
(b) The exemption provided under this SECTION does not
apply to any purchase by attendees that is not paid for directly by
the Council of State Governments.
(c) The general assembly finds that:
(1) the general assembly is a member of the Council of State
Governments and the host for the Midwestern Legislative
Conference to be held in July 2011;
(2) notwithstanding the exemptions provided in this
SECTION, the sixty-sixth annual meeting of the Midwestern
Legislative Conference will generate a significant economic
impact for Indiana and additional revenues from taxes
affected by this SECTION; and
(3) the exemptions provided in this SECTION will not reduce
or adversely affect the levy and collection of taxes pledged to
the payment of bonds, notes, leases, or subleases payable from
those taxes.
(d) This SECTION expires September 1, 2011.
SOURCE: ; (11)CR100101.71. -->
SECTION 71. [EFFECTIVE JULY 1, 2011] (a) As used in this
SECTION, "combined state reserves" means the sum of the
unencumbered balances in the following funds:
(1) The state general fund, including the Medicaid
contingency and reserve account of the state general fund.
(2) The counter-cyclical revenue and economic stabilization
fund.
(3) The state tuition reserve fund.
(b) This subsection applies if the combined state reserves on
June 30, 2012, exceed three percent (3%) of the sum of the amount
appropriated for the immediately following state fiscal year. Before
August 1, 2012, the budget agency shall transfer fifty million
dollars ($50,000,000) from the state general fund to the state
tuition reserve fund established by IC 4-12-1-15.7 for purposes of
the state tuition reserve fund.
(c) This subsection applies if the combined state reserves on
June 30, 2013, exceed three percent (3%) of the sum of the amount
appropriated for the immediately following state fiscal year. Before
August 1, 2013, the budget agency shall transfer fifty million
dollars ($50,000,000) from the state general fund to the state
tuition reserve fund established by IC 4-12-1-15.7 for purposes of
the state tuition reserve fund.
(d) This SECTION expires August 1, 2013.
SOURCE: ; (11)CR100101.72. -->
SECTION 72. [EFFECTIVE JULY 1, 2011]
(a) The general
assembly finds that the revenue forecast technical committee, using
the best information available, estimates that the amount certified
for distribution to counties under IC 6-3.5-1.1, IC 6-3.5-6, and
IC 6-3.5-7 in state fiscal years 2009, 2010, and 2011 will have
exceeded the amount of adjusted gross income taxes, county option
income taxes, and county economic development income taxes
collected from county taxpayers by six hundred nine million seven
hundred thousand dollars ($609,700,000). Under IC 6-3.5-1.1-9(c),
IC 6-3.5-6-17(c), and IC 6-3.5-7-11(d), the budget agency is
directed to reduce certified distributions in calendar years 2012,
2013, and 2014 by a total of four hundred eight million two
hundred seventy-six thousand dollars ($408,276,000) to those
counties to which overpayments were made. The amount shall be
recovered and allocated among the various purposes for which
taxes were imposed, as determined by the budget agency. The
budget agency may not make a supplemental distribution under
IC 6-3.5-1.1-21.1, IC 6-3.5-6-17.3, or IC 6-3.5-7-17.3 while the
county's certified distribution is being reduced under this
SECTION.
(b) This SECTION expires July 1, 2015.".
Renumber all SECTIONS consecutively.
(Reference is to HB 1001 as introduced.)
and when so amended that said bill do pass.
__________________________________
CR100101/DI 92 2011