HB 1149-16_ Filed 02/27/2012, 11:00 Leising

SENATE MOTION


MADAM PRESIDENT:

    I move
that Engrossed House Bill 1149 be amended to read as follows:

SOURCE: Page 1, line 1; (12)MO114943.1. -->     Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
SOURCE: IC 5-10-8-8.5; (12)MO114943.1. -->     "SECTION 1. IC 5-10-8-8.5, AS ADDED BY P.L.182-2009(ss), SECTION 68, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 8.5. (a) The retiree health benefit trust fund is established to provide funding for a retiree health benefit plan developed under IC 5-10-8.5.
    (b) The trust fund shall be administered by the budget agency. The expenses of administering the trust fund shall be paid from money in the trust fund. The trust fund consists of cigarette tax revenues deposited in the fund under IC 6-7-1-28.1(7) and other appropriations, revenues, or transfers to the trust fund under IC 4-12-1.
    (c) The treasurer of state shall invest the money in the trust fund not currently needed to meet the obligations of the trust fund in the same manner as other public money may be invested.
    (d) The trust fund is considered a trust fund for purposes of IC 4-9.1-1-7. Money may not be transferred, assigned, or otherwise removed from the trust fund by the state board of finance, the budget agency, or any other state agency.
    (e) The trust fund shall be established and administered in a manner that complies with Internal Revenue Code requirements concerning health reimbursement arrangement (HRA) trusts. Contributions by the state to the trust fund are irrevocable. All assets held in the trust fund must be held for the exclusive benefit of participants of the retiree health benefit plan developed under IC 5-10-8.5 and their beneficiaries. All assets in the trust fund:
        (1) are dedicated exclusively to providing benefits to participants of the plan and their beneficiaries according to the terms of the plan; and
        (2) are exempt from levy, sale, garnishment, attachment, or other

legal process.
    (f) Money in the trust fund does not revert to the state general fund at the end of any state fiscal year.
    (g) The money in the trust fund is appropriated to the budget agency for providing the retiree health benefit plan developed under IC 5-10-8.5.

SOURCE: IC 6-7-1-28.1; (12)MO114943.2. -->     SECTION 2. IC 6-7-1-28.1, AS AMENDED BY P.L.229-2011, SECTION 95, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 28.1. The taxes, registration fees, fines, or penalties collected under this chapter shall be deposited in the following manner:
        (1) Four Six and twenty-two hundredths six-tenths percent (4.22%) (6.6%) of the money shall be deposited in a fund to be known as the cigarette tax fund.
        (2) Six-tenths Ninety-four hundredths percent (0.6%) (0.94%) of the money shall be deposited in a fund to be known as the mental health centers fund.
        (3) The following amount Eighty-three and ninety-seven hundredths percent (83.97%) of the money shall be deposited in the state general fund.
            (A) After June 30, 2011, and before July 1, 2013, sixty and twenty-four hundredths percent (60.24%).
            (B) After June 30, 2013, fifty-four and five-tenths percent (54.5%).
        (4) Five Eight and forty-three forty-nine hundredths percent (5.43%) (8.49%) of the money shall be deposited into the pension relief fund established in IC 5-10.3-11.
        (5) Twenty-seven and five hundredths percent (27.05%) of the money shall be deposited in the Indiana check-up plan trust fund established by IC 12-15-44.2-17.
        (6) Two and forty-six hundredths percent (2.46%) of the money shall be deposited in the state general fund for the purpose of paying appropriations for Medicaid_Current Obligations, for provider reimbursements.
        (7) The following amount of the money shall be deposited in the state retiree health benefit trust fund established by IC 5-10-8-8.5 as follows:
            (A) Before July 1, 2011, five and seventy-four hundredths percent (5.74%).
            (B) After June 30, 2011, and before July 1, 2013, zero percent (0%).
            (C) After June 30, 2013, five and seventy-four hundredths percent (5.74%).
The money in the cigarette tax fund, the mental health centers fund, the Indiana check-up plan trust fund, or the pension relief fund at the end of a fiscal year does not revert to the state general fund. However, if in

any fiscal year, the amount allocated to a fund under subdivision (1) or (2) is less than the amount received in fiscal year 1977, then that fund shall be credited with the difference between the amount allocated and the amount received in fiscal year 1977, and the allocation for the fiscal year to the fund under subdivision (3) shall be reduced by the amount of that difference. Money deposited under subdivisions (6) through (7) may not be used for any purpose other than the purpose stated in the subdivision.".

SOURCE: Page 7, line 15; (12)MO114943.7. -->     Page 7, between lines 15 and 16, begin a new paragraph and insert:
SOURCE: IC 12-15-44.2-17; (12)MO114943.5. -->     "SECTION 5. IC 12-15-44.2-17, AS ADDED BY P.L.3-2008, SECTION 98, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 17. (a) The Indiana check-up plan trust fund is established for the following purposes:
        (1) Administering a plan created by the general assembly to provide health insurance coverage for low income residents of Indiana under this chapter.
        (2) Providing copayments, preventative care services, and premiums for individuals enrolled in the plan.
        (3) Funding tobacco use prevention and cessation programs, childhood immunization programs, and other health care initiatives designed to promote the general health and well being of Indiana residents.
The fund is separate from the state general fund.
    (b) The fund shall be administered by the office of the secretary of family and social services.
    (c) The expenses of administering the fund shall be paid from money in the fund.
    (d) The fund shall consist of the following:
        (1) Cigarette tax revenues designated by the general assembly to be part of the fund.
        (2) Other (1) Funds designated by the general assembly to be part of the fund.
        (3) (2) Federal funds available for the purposes of the fund.
        (4) (3) Gifts or donations to the fund.
    (e) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested.
    (f) Money must be appropriated before funds are available for use.
    (g) Money in the fund does not revert to the state general fund at the end of any fiscal year.
    (h) The fund is considered a trust fund for purposes of IC 4-9.1-1-7. Money may not be transferred, assigned, or otherwise removed from the fund by the state board of finance, the budget agency, or any other state agency.".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1149 as printed February 24, 2012.)

________________________________________

Senator LEISING


MO114943/DI 113
2012