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)
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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.