January 21, 2000






HOUSE BILL No. 1149

_____


DIGEST OF HB 1149 (Updated January 20, 2000 11:30 AM - DI 97)



Citations Affected: IC 9-18; IC 16-18; IC 16-34.

Synopsis: Indiana child protection trust license plate and abortion facility standards. Requires the bureau of motor vehicles to issue an Indiana child protection trust license plate. Requires the additional fee required for the Indiana child protection trust license plate to be deposited in the Indiana child protection trust fund and distributed to an organization established to raise funds for certain charitable organizations. Requires that if a first trimester abortion is performed in a facility where the primary purpose is performance of surgical procedures and services, the facility must be licensed as an ambulatory outpatient surgical center.

Effective: January 1, 2001.





Fry




    January 10, 2000, read first time and referred to Committee on Insurance, Corporations and Small Business.
    January 20, 2000, amended, reported _ Do Pass.






January 21, 2000

Second Regular Session 111th General Assembly (2000)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
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HOUSE BILL No. 1149



    A BILL FOR AN ACT to amend the Indiana Code concerning motor vehicles and health.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 9-18-47; (00)HB1149.1.1. -->     SECTION 1. IC 9-18-47 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2001]:
     Chapter 47. Indiana Child Protection Trust License Plates
    Sec. 1. As used in this chapter, "child adoption agency" means a nonpublic charitable organization exempt from federal taxation under Section 501(c) of the Internal Revenue Code that:
        (1) is licensed as a child placing agency under IC 12-17.4-6; and
        (2) facilitates the adoption of children.
    Sec. 2. As used in this chapter, "crisis pregnancy center" means a charitable organization exempt from federal taxation under Section 501(c) of the Internal Revenue Code that is:
        (1) located within Indiana; and
        (2) organized for the purpose of providing counseling for pregnant women and persons relative to the pregnancy on matters intended to result in a live birth and possible home

placement of the child.
    Sec. 3. The bureau of motor vehicles shall design and issue an Indiana child protection trust license plate. The Indiana child protection trust license plate shall be designed and issued as a special group recognition license plate under IC 9-18-25.
    Sec. 4. A person who is eligible to register a vehicle under this title is eligible to receive an Indiana child protection trust license plate under this chapter upon doing the following:
        (1) Completing an application for an Indiana child protection trust license plate.
        (2) Paying the fees under section 5 of this chapter.
    Sec. 5. (a) The fees for an Indiana child protection trust license plate are as follows:
        (1) The appropriate fee under IC 9-29-5-38(a).
        (2) An annual fee of twenty-five dollars ($25).
    (b) The bureau shall collect the fee described in subsection (a)(2).
    (c) The annual fee described in subsection (a)(2) shall be deposited in the fund established by section 6 of this chapter.
    Sec. 6. (a) The Indiana child protection trust fund is established.
    (b) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public trust funds are invested. Interest that accrues from these investments shall be deposited in the fund.
    (c) The commissioner shall administer the trust fund. Expenses of administering the fund shall be paid from money in the fund.
    (d) On June 30 of each year, the commissioner shall distribute the money from the fund to the organization established under section 7 of this chapter.
    (e) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
    Sec. 7. (a) To qualify for distributions from the Indiana child protection trust fund, representatives of charitable organizations that are located within Indiana, that are exempt from federal taxation under Section 501(c) of the Internal Revenue Code, and that are designated in subsection (b) must establish an organization that:
        (1) is a charitable organization exempt from federal taxation under Section 501(c) of the Internal Revenue Code;
        (2) is registered to do business in Indiana;
        (3) is located in Indiana; and
        (4) exists for the purpose of raising funds on behalf of the organizations designated in subsection (b).


    (b) An organization established under subsection (a) must include two (2) representatives from each of the following:
        (1) Crisis pregnancy centers.
        (2) Child adoption agencies.
        (3) Indiana Citizens for Life.
        (4) Indiana Right to Life.
    (c) The organization established under subsection (a) shall distribute money received through a distribution under section 6 of this chapter to the organizations designated under section 8 of this chapter.

     Sec. 8. (a) The organization established under section 7(a) of this chapter shall provide applications that allow a person purchasing an Indiana child protection trust license plate to designate:
        (1) a crisis pregnancy center;
        (2) a child adoption agency;
        (3) a local affiliate of Indiana Citizens for Life;
        (4) a local affiliate of Indiana Right to Life;
        (5) any other charitable organization that is:
            (A) exempt from federal taxation under Section 501(c) of the Internal Revenue Code;
            (B) registered to do business in Indiana;
            (C) located in Indiana; and
            (D) approved by the organization established under subsection 7(a);
        (6) Indiana Citizens for Life; or
        (7) Indiana Right to Life;
as the recipient of the fee collected from the person under section 5(a)(2) of this chapter.
    (b) In any calendar year, an organization referred to in subsection (a) may no longer receive fees paid under section 5(a)(2) of this chapter if the organization has already been designated as the recipient of fees collected under section 5(a)(2) of this chapter in the purchase of at least twenty-five (25) Indiana child protection license plates.
    (c) Notwithstanding the designation of fees under this section, the organization established under section 7(a) of this chapter may retain from each distribution of funds to the organization under section 6(d) of this chapter an amount sufficient to pay the reasonable costs of administering the program.

SOURCE: IC 16-18-2-14; (00)HB1149.1.2. -->     SECTION 2. IC 16-18-2-14 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 14. "Ambulatory outpatient surgical center" for purposes of IC 16-21 means a public or private institution that meets the following conditions:
        (1) Is established, equipped, and operated primarily for the purpose of performing surgical procedures and services.
        (2) Is operated under the supervision of at least one (1) licensed physician or under the supervision of the governing board of the hospital if the center is affiliated with a hospital.
        (3) Permits a surgical procedure to be performed only by a physician, dentist, or podiatrist who meets the following conditions:
            (A) Is qualified by education and training to perform the surgical procedure.
            (B) Is legally authorized to perform the procedure.
            (C) Is privileged to perform surgical procedures in at least one (1) hospital within the county or an Indiana county adjacent to the county in which the ambulatory outpatient surgical center is located.
            (D) Is admitted to the open staff of the ambulatory outpatient surgical center.
        (4) Requires that a licensed physician with specialized training or experience in the administration of an anesthetic supervise the administration of the anesthetic to a patient and remain present in the facility during the surgical procedure, except when only a local infiltration anesthetic is administered.
        (5) Provides at least one (1) operating room and, if anesthetics other than local infiltration anesthetics are administered, at least one (1) postanesthesia recovery room.
        (6) Is equipped to perform diagnostic x-ray and laboratory examinations required in connection with any surgery performed.
        (7) Does not provide accommodations for patient stays of longer than twenty-four (24) hours.
        (8) Provides full-time services of registered and licensed nurses for the professional care of the patients in the postanesthesia recovery room.
        (9) Has available the necessary equipment and trained personnel to handle foreseeable emergencies such as a defibrillator for cardiac arrest, a tracheotomy set for airway obstructions, and a blood bank or other blood supply.
        (10) Maintains a written agreement with at least one (1) hospital for immediate acceptance of patients who develop complications or require postoperative confinement.
        (11) Provides for the periodic review of the center and the center's operations by a committee of at least three (3) licensed physicians having no financial connections with the center.
        (12) Maintains adequate medical records for each patient.
        (13) Meets all additional minimum requirements as established by the state department for building and equipment requirements.
        (14) Meets the rules and other requirements established by the state department for the health, safety, and welfare of the patients.
SOURCE: IC 16-34-2-1.5; (00)HB1149.1.3. -->     SECTION 3. IC 16-34-2-1.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 1.5. (a) This section does not apply to a hospital licensed under IC 16-21.
    (b) In addition to the requirements under section 1(a)(1) of this chapter, if a first trimester abortion is performed in an institution described in IC 16-18-2-14(1), the institution must be licensed as an ambulatory outpatient surgical center under IC 16-21.