Introduced Version






HOUSE BILL No. 1048

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 6; IC 12; IC 16-33; IC 16-35; IC 20; IC 31.

Synopsis: Transfer of county welfare costs to the state. Eliminates the remaining property tax levies for public welfare (the family and children's fund levy, the county medical assistance to wards levy, the county hospital care for the indigent levy, and the children with special health care needs levy), except for property tax levies needed to repay loans and bonds issued before January 1, 2001. Transfers responsibility for funding these services to the state. Establishes the human services committee to prepare any legislation needed to implement the transfer of responsibilities from the counties to the state.

Effective: July 1, 1999 (retroactive); July 1, 2000; January 1, 2001; March 1, 2001.





Dobis, Kuzman, Lawson L




    January 10, 2000, read first time and referred to Committee on Ways and Means.







Introduced

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.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 1999 General Assembly.

HOUSE BILL No. 1048



    A BILL FOR AN ACT to amend the Indiana Code concerning welfare funding.

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

SOURCE: IC 6-1.1-18-3; (00)IN1048.1.1. -->     SECTION 1. IC 6-1.1-18-3 , AS AMENDED BY P.L.273-1999, SECTION 53 (CURRENT VERSION), IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 3. (a) Except as provided in subsection (b), the sum of all tax rates for all political subdivisions imposed on tangible property within a political subdivision may not exceed:
        (1) one dollar and twenty-five cents ($1.25) on each one hundred dollars ($100) of assessed valuation in territory outside the corporate limits of a city or town; or
        (2) two dollars ($2) on each one hundred dollars ($100) of assessed valuation in territory inside the corporate limits of a city or town.
    (b) The proper officers of a political subdivision shall fix tax rates which are sufficient to provide funds for the purposes itemized in this subsection. The portion of a tax rate fixed by a political subdivision shall not be considered in computing the tax rate limits prescribed in subsection (a) if that portion is to be used for one (1) of the following

purposes:
        (1) To pay the principal or interest on a funding, refunding, or judgment funding obligation of the political subdivision.
        (2) To pay the principal or interest on an outstanding obligation issued by the political subdivision if notice of the sale of the obligation was published before March 9, 1937.
        (3) To pay the principal or interest upon:
            (A) an obligation issued by the political subdivision to meet an emergency which results from a flood, fire, pestilence, war, or any other major disaster; or
            (B) a note issued under IC 36-2-6-18 , IC 36-3-4-22 , IC 36-4-6-20, or IC 36-5-2-11 to enable a city, town, or county to acquire necessary equipment or facilities for municipal or county government.
        (4) To pay the principal or interest upon an obligation issued in the manner provided in IC 6-1.1-20-3 (before its repeal) or IC 6-1.1-20-3.1 through IC 6-1.1-20-3.2.
        (5) To pay a judgment rendered against the political subdivision.
        (6) To meet the requirements of the family and children's fund for child services (as defined in IC 12-19-7-1).
        (7) To meet the requirements of the county hospital care for the indigent fund.
    (c) Except as otherwise provided in IC 6-1.1-19 or IC 6-1.1-18.5 , a county board of tax adjustment, a county auditor, or the state board of tax commissioners may review the portion of a tax rate described in subsection (b) only to determine if it exceeds the portion actually needed to provide for one (1) of the purposes itemized in that subsection.

SOURCE: IC 6-1.1-18-3; (00)IN1048.1.2. -->     SECTION 2. IC 6-1.1-18-3 , AS AMENDED BY P.L.273-1999, SECTION 54 (DELAYED VERSION), IS AMENDED TO READ AS FOLLOWS [EFFECTIVE MARCH 1, 2001]: Sec. 3. (a) Except as provided in subsection (b), the sum of all tax rates for all political subdivisions imposed on tangible property within a political subdivision may not exceed:
        (1) forty-one and sixty-seven hundredths cents ($0.4167) on each one hundred dollars ($100) of assessed valuation in territory outside the corporate limits of a city or town; or
        (2) sixty-six and sixty-seven hundredths cents ($0.6667) on each one hundred dollars ($100) of assessed valuation in territory inside the corporate limits of a city or town.
    (b) The proper officers of a political subdivision shall fix tax rates which are sufficient to provide funds for the purposes itemized in this

subsection. The portion of a tax rate fixed by a political subdivision shall not be considered in computing the tax rate limits prescribed in subsection (a) if that portion is to be used for one (1) of the following purposes:
        (1) To pay the principal or interest on a funding, refunding, or judgment funding obligation of the political subdivision.
        (2) To pay the principal or interest on an outstanding obligation issued by the political subdivision if notice of the sale of the obligation was published before March 9, 1937.
        (3) To pay the principal or interest upon:
            (A) an obligation issued by the political subdivision to meet an emergency which results from a flood, fire, pestilence, war, or any other major disaster; or
            (B) a note issued under IC 36-2-6-18 , IC 36-3-4-22 , IC 36-4-6-20, or IC 36-5-2-11 to enable a city, town, or county to acquire necessary equipment or facilities for municipal or county government.
        (4) To pay the principal or interest upon an obligation issued in the manner provided in IC 6-1.1-20-3 (before its repeal) or IC 6-1.1-20-3.1 through IC 6-1.1-20-3.2.
        (5) To pay a judgment rendered against the political subdivision.
        (6) To meet the requirements of the family and children's fund for child services (as defined in IC 12-19-7-1 ).
        (7) To meet the requirements of the county hospital care for the indigent fund.
    (c) Except as otherwise provided in IC 6-1.1-19 or IC 6-1.1-18.5 , a county board of tax adjustment, a county auditor, or the state board of tax commissioners may review the portion of a tax rate described in subsection (b) only to determine if it exceeds the portion actually needed to provide for one (1) of the purposes itemized in that subsection.

SOURCE: IC 6-1.1-18.5-9.7; (00)IN1048.1.3. -->     SECTION 3. IC 6-1.1-18.5-9.7 , AS AMENDED BY P.L.273-1999, SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 9.7. (a) The ad valorem property tax levy limits imposed by section 3 of this chapter do not apply to ad valorem property taxes imposed under any of the following:
        (1) IC 12-16, except IC 12-16-1.
        (2) IC 12-19-5.
        (3) IC 12-19-7.
        (4) IC 12-20-24 or to ad valorem property taxes imposed to repay bonded indebtedness issued under IC 12-19 before January 1, 2001.
    (b) For purposes of computing the ad valorem property tax levy limits imposed under section 3 of this chapter, a county's or township's ad valorem property tax levy for a particular calendar year does not include that part of the levy imposed under the citations listed in subsection (a). IC 12-20-24 or that part of the levy imposed to repay bonded indebtedness issued under IC 12-19 before January 1, 2001.
    (c) Section 8(b) of this chapter does not apply to bonded indebtedness that will be repaid through property taxes imposed under IC 12-19.
SOURCE: IC 6-1.1-21-2; (00)IN1048.1.4. -->     SECTION 4. IC 6-1.1-21-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 2. As used in this chapter:
    (a) "Taxpayer" means a person who is liable for taxes on property assessed under this article.
    (b) "Taxes" means taxes payable in respect to property assessed under this article. The term does not include special assessments, penalties, or interest, but does include any special charges which a county treasurer combines with all other taxes in the preparation and delivery of the tax statements required under IC 6-1.1-22-8 (a).
    (c) "Department" means the department of state revenue.
    (d) "Auditor's abstract" means the annual report prepared by each county auditor which under IC 6-1.1-22-5 , is to be filed on or before March 1 of each year with the auditor of state.
    (e) "Mobile home assessments" means the assessments of mobile homes made under IC 6-1.1-7.
    (f) "Postabstract adjustments" means adjustments in taxes made subsequent to the filing of an auditor's abstract which change assessments therein or add assessments of omitted property affecting taxes for such assessment year.
    (g) "Total county tax levy" means the sum of:
        (1) the remainder of:
            (A) the aggregate levy of all taxes for all taxing units in a county which are to be paid in the county for a stated assessment year as reflected by the auditor's abstract for the assessment year, adjusted, however, for any postabstract adjustments which change the amount of the aggregate levy; minus
            (B) the sum of any increases in property tax levies of taxing units of the county that result from appeals described in:
                (i) IC 6-1.1-18.5-13 (5) and IC 6-1.1-18.5-13 (6) filed after December 31, 1982; plus
                (ii) the sum of any increases in property tax levies of taxing units of the county that result from any other appeals described in IC 6-1.1-18.5-13 filed after December 31, 1983; plus
                (iii) IC 6-1.1-18.6-3 (children in need of services and delinquent children who are wards of the county); minus
            (C) the total amount of property taxes imposed for the stated assessment year by the taxing units of the county under the authority of IC 12-1-11.5 (repealed), IC 12-2-4.5 (repealed) IC  12-19-5 or IC 12-20-24 ; minus
            (D) the total amount of property taxes to be paid during the stated assessment year that will be used to pay for interest or principal due on debt that:
                (i) is entered into after December 31, 1983;
                (ii) is not debt that is issued under IC 5-1-5 to refund debt incurred before January 1, 1984; and
                (iii) does not constitute debt entered into for the purpose of building, repairing, or altering school buildings for which the requirements of IC 20-5-52 were satisfied prior to January 1, 1984; minus
            (E) the amount of property taxes imposed in the county for the stated assessment year under the authority of IC 21-2-6 or any citation listed in IC 6-1.1-18.5-9.8 for a cumulative building fund whose property tax rate was initially established or reestablished for a stated assessment year that succeeds the 1983 stated assessment year; minus
            (F) the remainder of:
                (i) the total property taxes imposed in the county for the stated assessment year under authority of IC 21-2-6 or any citation listed in IC 6-1.1-18.5-9.8 for a cumulative building fund whose property tax rate was not initially established or reestablished for a stated assessment year that succeeds the 1983 stated assessment year; minus
                (ii) the total property taxes imposed in the county for the 1984 stated assessment year under the authority of IC 21-2-6 or any citation listed in IC 6-1.1-18.5-9.8 for a cumulative building fund whose property tax rate was not initially established or reestablished for a stated assessment year that succeeds the 1983 stated assessment year; minus
            (G) the amount of property taxes imposed in the county for the stated assessment year under:
                (i) IC 21-2-15 for a capital projects fund; plus
                (ii) IC 6-1.1-19-10 for a racial balance fund; plus
                (iii) IC 20-14-13 for a library capital projects fund; plus
                (iv) IC 20-5-17.5-3 for an art association fund; plus
                (v) IC 21-2-17 for a special education preschool fund; plus
                (vi) an appeal filed under IC 6-1.1-19-5.1 for an increase in a school corporation's maximum permissible general fund levy for certain transfer tuition costs; plus
                (vii) an appeal filed under IC 6-1.1-19-5.4 for an increase in a school corporation's maximum permissible general fund levy for transportation operating costs; minus
            (H) the amount of property taxes imposed by a school corporation that is attributable to the passage, after 1983, of a referendum for an excessive tax levy under IC 6-1.1-19 , including any increases in these property taxes that are attributable to the adjustment set forth in IC 6-1.1-19-1.5 (a) IC 6-1.1-19-1.5 (b) STEP ONE or any other law; minus
            (I) for each township in the county, the lesser of:
                (i) the sum of the amount determined in IC 6-1.1-18.5-19 (a) STEP THREE or IC 6-1.1-18.5-19 (b) STEP THREE, whichever is applicable, plus the part, if any, of the township's ad valorem property tax levy for calendar year 1989 that represents increases in that levy that resulted from an appeal described in IC 6-1.1-18.5-13 (5) filed after December 31, 1982; or
                (ii) the amount of property taxes imposed in the township for the stated assessment year under the authority of IC 36-8-13-4 ; minus
            (J) for each participating unit in a fire protection territory established under IC 36-8-19-1 , the amount of property taxes levied by each participating unit under IC 36-8-19-8 and IC 36-8-19-8.5 less the maximum levy limit for each of the participating units that would have otherwise been available for fire protection services under IC 6-1.1-18.5-3 and IC 6-1.1-18.5-19 for that same year; minus
            (K) for each county, the sum of:
                (i) the amount of property taxes imposed in the county for the repayment of loans under IC 12-19-5-6 that is included in the amount determined under IC 12-19-7-4 (a) STEP SEVEN for property taxes payable in 1995; or for property taxes payable in each year after 1995, the amount determined under IC 12-19-7-4 (b); and
                (ii) the amount of property taxes imposed in the county

attributable to appeals granted under IC 6-1.1-18.6-3 that is included in the amount determined under IC 12-19-7-4 (a) STEP SEVEN for property taxes payable in 1995, or the amount determined under IC 12-19-7-4 (b) for property taxes payable in each year after 1995; plus
        (2) all taxes to be paid in the county in respect to mobile home assessments currently assessed for the year in which the taxes stated in the abstract are to be paid; plus
        (3) the amounts, if any, of county adjusted gross income taxes that were applied by the taxing units in the county as property tax replacement credits to reduce the individual levies of the taxing units for the assessment year, as provided in IC 6-3.5-1.1 ; plus
        (4) the amounts, if any, by which the maximum permissible ad valorem property tax levies of the taxing units of the county were reduced under IC 6-1.1-18.5-3 (b) STEP EIGHT for the stated assessment year; plus
        (5) the difference between:
            (A) the amount determined in IC 6-1.1-18.5-3 (e) STEP FOUR; minus
            (B) the amount the civil taxing units' levies were increased because of the reduction in the civil taxing units' base year certified shares under IC 6-1.1-18.5-3 (e).
    (h) "December settlement sheet" means the certificate of settlement filed by the county auditor with the auditor of state, as required under IC 6-1.1-27-3.
    (i) "Tax duplicate" means the roll of property taxes which each county auditor is required to prepare on or before March 1 of each year under IC 6-1.1-22-3.

SOURCE: IC 6-1.1-29-9; (00)IN1048.1.5. -->     SECTION 5. IC 6-1.1-29-9 , AS AMENDED BY P.L.273-1999, SECTION 57, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 9. (a) A county council may adopt an ordinance to abolish the county board of tax adjustment. This ordinance must be adopted by July 1 and may not be rescinded in the year it is adopted. Notwithstanding IC 6-1.1-17 , IC 6-1.1-18 , IC 6-1.1-19 , IC 12-19-7 , IC 21-2-14 , IC 36-8-6 , IC 36-8-7 , IC 36-8-7.5 , IC 36-8-11 , IC 36-9-3 , IC 36-9-4 , and IC 36-9-13 , if such an ordinance is adopted, this section governs the treatment of tax rates, tax levies, and budgets that would otherwise be reviewed by a county board of tax adjustment under IC 6-1.1-17.
    (b) The time requirements set forth in IC 6-1.1-17 govern all filings and notices.
    (c) A tax rate, tax levy, or budget that otherwise would be reviewed

by the county board of tax adjustment is considered and must be treated for all purposes as if the county board of tax adjustment approved the tax rate, tax levy, or budget. This includes the notice of tax rates that is required under IC 6-1.1-17-12.

SOURCE: IC 6-3.5-6-18.5; (00)IN1048.1.6. -->     SECTION 6. IC 6-3.5-6-18.5 , AS AMENDED BY P.L.273-1999, SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 18.5. (a) This section applies to a county containing a consolidated city.
    (b) Notwithstanding section 18(e) of this chapter, the distributive shares that each civil taxing unit in a county containing a consolidated city is entitled to receive during a month equals the following:
        (1) For the calendar year beginning January 1, 1995, calculate the total amount of revenues that are to be distributed as distributive shares during that month multiplied by the following factor:
    Center Township    .0251
    Decatur Township    .00217
    Franklin Township    .0023
    Lawrence Township    .01177
    Perry Township    .01130
    Pike Township    .01865
    Warren Township    .01359
    Washington Township    .01346
    Wayne Township    .01307
    Lawrence-City    .00858
    Beech Grove    .00845
    Southport    .00025
    Speedway    .00722
    Indianapolis/Marion County    .86409
        (2) Notwithstanding subdivision (1), for the calendar year beginning January 1, 1995, the distributive shares for each civil taxing unit in a county containing a consolidated city shall be not less than the following:
    Center Township    $1,898,145
    Decatur Township    $164,103
    Franklin Township    $173,934
    Lawrence Township    $890,086
    Perry Township    $854,544
    Pike Township    $1,410,375
    Warren Township    $1,027,721
    Washington Township    $1,017,890
    Wayne Township    $988,397
    Lawrence-City    $648,848
    Beech Grove    $639,017
    Southport    $18,906
    Speedway    $546,000
        (3) For each year after 1995, calculate the total amount of revenues that are to be distributed as distributive shares during that month as follows:
            STEP ONE: Determine the total amount of revenues that were distributed as distributive shares during that month in calendar year 1995.
            STEP TWO: Determine the total amount of revenue that the department has certified as distributive shares for that month under section 17 of this chapter for the calendar year.
            STEP THREE: Subtract the STEP ONE result from the STEP TWO result.
            STEP FOUR: If the STEP THREE result is less than or equal to zero (0), multiply the STEP TWO result by the ratio established under subdivision (1).
            STEP FIVE: Determine the ratio of:
                (A) the maximum permissible property tax levy under IC 6-1.1-18.5 and IC 6-1.1-18.6 for each civil taxing unit for the calendar year in which the month falls, plus, for a county, an amount equal to the property taxes imposed by the county in 1999 for the county's welfare fund and welfare administration fund plus the property taxes imposed by the county in 2000 for a county family and children's fund; divided by
                (B) the sum of the maximum permissible property tax levies under IC 6-1.1-18.5 and IC 6-1.1-18.6 for all civil taxing units of the county during the calendar year in which the month falls, and an amount equal to the property taxes imposed by the county in 1999 for the county's welfare fund and welfare administration fund plus the property taxes imposed by the county in 2000 for a county family and children's fund.
            STEP SIX: If the STEP THREE result is greater than zero (0), the STEP ONE amount shall be distributed by multiplying the STEP ONE amount by the ratio established under subdivision (1).
            STEP SEVEN: For each taxing unit determine the STEP FIVE ratio multiplied by the STEP TWO amount.
            STEP EIGHT: For each civil taxing unit determine the difference between the STEP SEVEN amount minus the

product of the STEP ONE amount multiplied by the ratio established under subdivision (1). The STEP THREE excess shall be distributed as provided in STEP NINE only to the civil taxing units that have a STEP EIGHT difference greater than or equal to zero (0).
            STEP NINE: For the civil taxing units qualifying for a distribution under STEP EIGHT, each civil taxing unit's share equals the STEP THREE excess multiplied by the ratio of:
                (A) the maximum permissible property tax levy under IC 6-1.1-18.5 and IC 6-1.1-18.6 for the qualifying civil taxing unit during the calendar year in which the month falls, plus, for a county, an amount equal to the property taxes imposed by the county in 1999 for the county's welfare fund and welfare administration fund plus the property taxes imposed by the county in 2000 for a county family and children's fund; divided by
                (B) the sum of the maximum permissible property tax levies under IC 6-1.1-18.5 and IC 6-1.1-18.6 for all qualifying civil taxing units of the county during the calendar year in which the month falls, and an amount equal to the property taxes imposed by the county in 1999 for the county's welfare fund and welfare administration fund plus the property taxes imposed by the county in 2000 for a county family and children's fund.

SOURCE: IC 12-7-2-45; (00)IN1048.1.7. -->     SECTION 7. IC 12-7-2-45 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 45. "County office" refers to a county office of family and children within the division of family and children.
SOURCE: IC 12-7-2-91; (00)IN1048.1.8. -->     SECTION 8. IC 12-7-2-91 , AS AMENDED BY P.L.273-1999, SECTION 60, AND AS AMENDED BY P.L.273-1999, SECTION 164, IS AMENDED AND CORRECTED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 91. "Fund" means the following:
        (1) For purposes of IC 12-12-1-9 , the fund described in IC 12-12-1-9.
        (2) For purposes of IC 12-13-8 , the meaning set forth in IC 12-13-8-1.
        (3) (2) For purposes of IC 12-15-20 , the meaning set forth in IC 12-15-20-1.
        (4) (3) For purposes of IC 12-17-12 , the meaning set forth in IC 12-17-12-4.
        (5) (4) For purposes of IC 12-17.6, the meaning set forth in

IC 12-17.6-1-3.
        (5) (6) (5) For purposes of IC 12-18-4 , the meaning set forth in IC 12-18-4-1.
        (6) (7) (6) For purposes of IC 12-18-5 , the meaning set forth in IC 12-18-5-1.
        (7) (8) For purposes of IC 12-19-3 , the meaning set forth in IC 12-19-3-1.
        (8) (9) For purposes of IC 12-19-4 , the meaning set forth in IC 12-19-4-1.
        (9) (10) (7) For purposes of IC 12-19-7 , the meaning set forth in IC 12-19-7-2.
        (10) (11) (8) (7) For purposes of IC 12-23-2 , the meaning set forth in IC 12-23-2-1.
        (11) (12) (9) (8) For purposes of IC 12-24-6 , the meaning set forth in IC 12-24-6-1.
        (12) (13) (10) (9) For purposes of IC 12-24-14 , the meaning set forth in IC 12-24-14-1.
        (13) (14) (11) (10) For purposes of IC 12-30-7 , the meaning set forth in IC 12-30-7-3.

SOURCE: IC 12-13-5-1; (00)IN1048.1.9. -->     SECTION 9. IC 12-13-5-1 , AS AMENDED BY P.L.273-1999, SECTION 79, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2001] Sec. 1. The division shall administer or supervise the public welfare activities of the state. The division has the following powers and duties:
        (1) The administration of old age assistance, aid to dependent children, and assistance to the needy blind and persons with disabilities, excluding assistance to children with special health care needs.
        (2) The administration of the following:
            (A) Any public child welfare service.
            (B) The licensing and inspection under IC 12-17.2 and IC 12-17.4.
            (C) The care of dependent and neglected children in foster family homes or institutions, especially children placed for adoption or those born out of wedlock.
            (D) The interstate placement of children.
        (3) The provision of services to county governments, including the following:
            (A) Organizing and supervising county offices for the effective administration of public welfare functions.
            (B) Compiling statistics and necessary information concerning public welfare problems throughout Indiana.
            (C) Researching and encouraging research into crime, delinquency, physical and mental disability, and the cause of dependency.
        (4) Prescribing the form of, printing, and supplying to the county departments blanks for applications, reports, affidavits, and other forms the division considers necessary and advisable.
        (5) Cooperating with the federal Social Security Administration and with any other agency of the federal government in any reasonable manner necessary and in conformity with IC 12-13 through IC 12-19 to qualify for federal aid for assistance to persons who are entitled to assistance under the federal Social Security Act. The responsibilities include the following:
            (A) Making reports in the form and containing the information that the federal Social Security Administration Board or any other agency of the federal government requires.
            (B) Complying with the requirements that a board or agency finds necessary to assure the correctness and verification of reports.
        (6) Appointing from eligible lists established by the state personnel board employees of the division necessary to effectively carry out IC 12-13 through IC 12-19. The division may not appoint a person who is not a citizen of the United States and who has not been a resident of Indiana for at least one (1) year immediately preceding the person's appointment unless a qualified person cannot be found in Indiana for a position as a result of holding an open competitive examination.
        (7) Assisting the office of Medicaid policy and planning in fixing fees to be paid to ophthalmologists and optometrists for the examination of applicants for and recipients of assistance as needy blind persons.
        (8) When requested, assisting other departments, agencies, divisions, and institutions of the state and federal government in performing services consistent with this article.
        (9) Acting as the agent of the federal government for the following:
            (A) In welfare matters of mutual concern under IC 12-13 through IC 12-19.
            (B) In the administration of federal money granted to Indiana in aiding welfare functions of the state government.
        (10) Administering additional public welfare functions vested in the division by law and providing for the progressive codification of the laws the division is required to administer.
        (11) Supervising day care centers and child placing agencies.
        (12) Supervising the licensing and inspection of all public child caring agencies.
        (13) Supervising the care of delinquent children and children in need of services.
        (14) Assisting juvenile courts as required by IC 31-30 through IC 31-40.
        (15) Supervising the care of dependent children and children placed for adoption.
        (16) Compiling information and statistics concerning the ethnicity and gender of a program or service recipient.
        (17) Providing permanency planning services for children in need of services, including:
            (A) making children legally available for adoption; and
            (B) placing children in adoptive homes;
        in a timely manner.
         (18) Operating each county office as an administrative unit within the division.
SOURCE: IC 12-13-5-3; (00)IN1048.1.10. -->     SECTION 10. IC 12-13-5-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 3. The division may do the following:
        (1) adopt rules under IC 4-22-2 and take action that is necessary or desirable to carry out IC 12-13 through IC 12-19 and that is not inconsistent with IC 12-13 through IC 12-19. Each county director shall keep copies of the rules on file available for inspection by any person interested.
        (2) Under a division rule, designate county offices to serve as agents of the division in the performance of all public welfare activities in the county.
SOURCE: IC 12-13-5-5; (00)IN1048.1.11. -->     SECTION 11. IC 12-13-5-5 , AS AMENDED BY P.L.273-1999, SECTION 80, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 5. (a) Each county auditor shall keep records and make reports relating to the county welfare fund (before July 1, 2001), the family and children's fund (before July 1, 2002), and other financial transactions as required under IC 12-13 through IC 12-19 and as required by the division.
    (b) All records provided for in IC 12-13 through IC 12-19 shall be kept, prepared, and submitted in the form required by the division and the state board of accounts.
SOURCE: IC 12-13-9-2; (00)IN1048.1.12. -->     SECTION 12. IC 12-13-9-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 2. The division shall administer the state medical assistance to wards fund and shall

use money in the fund to defray the expenses and obligations incurred by the division for medical assistance to wards and associated administrative costs.

SOURCE: IC 12-14-2-5.4; (00)IN1048.1.13. -->     SECTION 13. IC 12-14-2-5.4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 5.4. (a) Subject to IC 12-8-1-12 and except as provided in subsection (d), the AFDC grant for a person who:
        (1) is eligible to receive assistance under section 5 of this chapter; and
        (2) becomes employed (including a person who is in a program established under IC 12-8-11 );
as calculated under subsection (b), must be diverted to subsidize child care costs.
    (b) At:
        (1) the time of entry into employment; and
        (2) every subsequent change of status that affects the person's AFDC eligibility and assistance levels;
the person's AFDC grant minus earnings and other countable income must be calculated to determine the amount of the grant to be diverted to subsidize child care costs.
    (c) A person's AFDC grant must be diverted as described in subsection (a) until:
        (1) the person is no longer eligible for AFDC under section 5.1 of this chapter; or
        (2) the person's monthly family income is equal to or exceeds one hundred percent (100%) of the monthly federal income poverty level;
whichever occurs first.
    (d) A person:
        (1) who becomes employed (including a person who is in a program established under IC 12-8-11 ); and
        (2) whose net income is equal to or more than the amount of need recognized under section 5 of this chapter;
has the option to receive either guaranteed child care or a cash payment equal to the amount of the AFDC grant for which the person qualifies immediately before the person becomes employed.
    (e) The option under subsection (d) is available until:
        (1) the person is no longer eligible for AFDC under section 5.1 of this chapter; or
        (2) the person's monthly family income is equal to or exceeds one hundred percent (100%) of the monthly federal income poverty level;
whichever occurs first.
    (f) An AFDC grant diverted under this section must be from the same sources and in the same proportion as provided in IC 12-19-6.
    (g) (f) The division may adopt rules under IC 4-22-2 to implement this section.
SOURCE: IC 12-14-2-12; (00)IN1048.1.14. -->     SECTION 14. IC 12-14-2-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 12. The county office shall notify the applicant and the division of the county office's decision concerning assistance in writing.
SOURCE: IC 12-14-3-2; (00)IN1048.1.15. -->     SECTION 15. IC 12-14-3-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 2. The county office shall prepare four (4) three (3) copies of the certificate.
SOURCE: IC 12-14-3-4; (00)IN1048.1.16. -->     SECTION 16. IC 12-14-3-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 4. The copies of the certificate shall be distributed as follows:
        (1) One (1) copy retained by and filed in the office of the county office.
        (2) One (1) copy filed with the central office of the division.
        (3) One (1) copy filed in the office of the county auditor.
        (4) (3) One (1) copy given to the recipient.
SOURCE: IC 12-14-13-5; (00)IN1048.1.17. -->     SECTION 17. IC 12-14-13-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 5. The copies of the certificate shall be distributed as follows:
        (1) One (1) copy retained by and filed in the central office of the division.
        (2) One (1) copy filed with the state auditor of state.
        (3) One (1) copy filed in the office of the county recorder.
        (4) One (1) copy given to the recipient.
SOURCE: IC 12-14-20-1; (00)IN1048.1.18. -->     SECTION 18. IC 12-14-20-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 1. (a) The division may accept voluntary contributions from a person desiring to contribute to the support of a parent or other person who receives public assistance.
    (b) The division shall deposit contributions made under this section in the state welfare general fund or a trust fund, as appropriate.
SOURCE: IC 12-14-22-7; (00)IN1048.1.19. -->     SECTION 19. IC 12-14-22-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 7. (a) A schedule of payments made to or for the benefit of each recipient under this article shall be filed by the county office division each month with the county auditor and the prosecuting attorney.
    (b) The schedule shall be kept open to the public at all times for inspection, study, and securing data. The schedule must contain the

names and addresses, in alphabetical order, of all recipients of benefits.

SOURCE: IC 12-15-15-9; (00)IN1048.1.20. -->     SECTION 20. IC 12-15-15-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 9. (a) For each state fiscal year beginning on or after July 1, 1997, a hospital is entitled to a payment under this section.
    (b) Total payments to hospitals under this section for a state fiscal year shall be equal to all amounts transferred from the hospital care for the indigent fund for Medicaid current obligations during the state fiscal year, including amounts of the fund appropriated for Medicaid current obligations.
    (c) The payment due to a hospital under this section must be based on a policy developed by the office. The policy:
        (1) is not required to provide for equal payments to all hospitals;
        (2) must attempt, to the extent practicable as determined by the office, to establish a payment rate that minimizes the difference between the aggregate amount paid under this section to all hospitals in a county for a state fiscal year and the amount of the county's hospital care for the indigent property tax levy for that state fiscal year; and
        (3) (2) must provide that no hospital will receive a payment under this section less than the amount the hospital received under IC 12-15-15-8 section 8 of this chapter for the state fiscal year ending June 30, 1997.
    (d) Following the transfer of funds under subsection (b), an amount equal to the amount determined in the following STEPS shall be deposited in the Medicaid indigent care trust fund under IC 12-15-20-2 (1) and used to pay the state's share of the enhanced disproportionate share payments to providers for the state fiscal year:
        STEP ONE: Determine the difference between:
            (A) the amount transferred from the state hospital care for the indigent fund under subsection (b); and
            (B) thirty-five million dollars ($35,000,000).
        STEP TWO: Multiply the amount determined under STEP ONE by the federal medical assistance percentage for the state fiscal year.
SOURCE: IC 12-16-7-2; (00)IN1048.1.21. -->     SECTION 21. IC 12-16-7-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 2. (a) Except as provided in section 5 of this chapter, claims for payment shall be segregated by year using the patient's admission date.
    (b) Each year the division shall pay claims as provided in section 4 of this chapter, without regard to the county of admission or that county's transfer to the state fund.
SOURCE: IC 12-16-7-3; (00)IN1048.1.22. -->     SECTION 22. IC 12-16-7-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 3. A payment made to a hospital under the hospital care for the indigent program must be on a warrant drawn on the state hospital care for the indigent fund established by IC 12-16-14. general fund.
SOURCE: IC 12-16-7-4; (00)IN1048.1.23. -->     SECTION 23. IC 12-16-7-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 4. (a) Each year the division shall pay two-thirds (2/3) of each claim upon submission and approval of the claim.
    (b) If the amount of money in the state hospital care for the indigent fund in a year is insufficient to pay two-thirds (2/3) of each approved claim for patients admitted in that year, the state's and a county's liability to providers under the hospital care for the indigent program for claims approved for patients admitted in that year is limited to the sum of the following:
        (1) The amount transferred to the state hospital care for the indigent fund from county hospital care for the indigent funds in that year under IC 12-16-14.
        (2) (1) Any contribution to the fund in that year.
        (3) (2) Any amount that was appropriated to the state hospital care for the indigent fund program for that year by the general assembly.
        (4) Any amount that was carried over to the state hospital care for the indigent fund from a preceding year.
    (c) This section does not obligate the general assembly to appropriate money to the state hospital care for the indigent fund.
SOURCE: IC 12-16-7-5; (00)IN1048.1.24. -->     SECTION 24. IC 12-16-7-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 5. Before the end of each state fiscal year, the division shall, to the extent there is money in appropriated to the state hospital care for the indigent fund, program, pay each provider under the hospital care for the indigent program a pro rata part of the one-third (1/3) balance on each approved claim for patients admitted during the preceding year.
SOURCE: IC 12-17-1-10; (00)IN1048.1.25. -->     SECTION 25. IC 12-17-1-10 , AS AMENDED BY P.L.273-1999, SECTION 89, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 10. (a) Upon the completion of an investigation under section 9 of this chapter, the county office shall do the following:
        (1) Determine whether the child is eligible for assistance under this chapter and the division's rules.
        (2) Determine the amount of the assistance and the date on which the assistance is to begin.
        (3) Make an award, including any subsequent modification of the award, with which the county office shall comply until the award or modified award is vacated.
        (4) Notify the applicant and the division of the county office's decision in writing.
    (b) The county office shall provide assistance to the recipient at least monthly upon warrant of the county auditor. The assistance must be
        (1) made from the county family and children's fund; and
        (2) based upon a verified schedule of the recipients.
    (c) The director of the county office shall prepare and verify the amount payable to the recipient, in relation to the awards made by the county office. The division shall prescribe the form upon which the schedule under subsection (b)(2) (b) must be filed.
SOURCE: IC 12-17-1-12; (00)IN1048.1.26. -->     SECTION 26. IC 12-17-1-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 12. (a) If assistance is granted to a destitute child under this chapter, facts supporting the award of assistance, as prescribed by the division, must be entered on a certificate.
    (b) The division shall prescribe the form for the certificate under subsection (a). The certificate must bear the impress of the division's seal.
    (c) The county office shall prepare four (4) three (3) copies of the certificate under subsection (a). The county office shall distribute copies of the certificate as follows:
        (1) One (1) copy must be retained by the office of the county office.
        (2) One (1) copy must be filed with and retained by the central office of the division.
        (3) One (1) copy must be filed with and retained by the office of the county auditor.
        (4) (3) One (1) copy must be given to the recipient.
SOURCE: IC 12-17-3-2; (00)IN1048.1.27. -->     SECTION 27. IC 12-17-3-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 2. (a) This section does not apply to a county department's:
        (1) administrative expenses; or
        (2) expenses regarding facilities, supplies, and equipment.
    (b) Necessary expenses incurred in the administration of the child welfare services under section 1 of this chapter shall be paid out of the county welfare fund or the county family and children's state general fund. (whichever is appropriate).
SOURCE: IC 12-19-1-1; (00)IN1048.1.28. -->     SECTION 28. IC 12-19-1-1 IS AMENDED TO READ AS

FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 1. A county office of family and children is established in each county as an office within the division of family and children.

SOURCE: IC 12-19-1-9; (00)IN1048.1.29. -->     SECTION 29. IC 12-19-1-9 , AS AMENDED BY P.L.273-1999, SECTION 90, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 9. (a) The division shall provide the necessary facilities to house the county office.
    (b) The division shall pay for the costs of the facilities, supplies, and equipment needed by each county office. including the transfer to the county that is required by IC 12-13-5.
SOURCE: IC 12-19-1-10; (00)IN1048.1.30. -->     SECTION 30. IC 12-19-1-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 10. (a) Subject to the rules adopted by the director of The division a county office shall administer the following through a county office:
        (1) Assistance to dependent children in the homes of the dependent children.
        (2) Assistance and services to elderly persons.
        (3) Assistance to persons with disabilities.
        (4) Care and treatment of the following persons:
            (A) Children in need of services.
            (B) Dependent children.
            (C) Children with disabilities.
        (5) Licensing of foster family homes for the placement of children in need of services.
        (6) Supervision of the care and treatment of children in need of services in foster family homes.
        (7) Licensing of foster family homes for the placement of delinquent children.
        (8) Supervision of the care and treatment of delinquent children in foster family homes.
        (9) Provision of family preservation services.
        (10) Any other welfare activities that are delegated to the county office by the division under this chapter, including services concerning assistance to the blind.
     (b) The division shall pay the expenses and obligations incurred after December 31, 2000, to carry out responsibilities of the county office.
SOURCE: IC 12-19-1-13; (00)IN1048.1.31. -->     SECTION 31. IC 12-19-1-13 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 13. (a) A county office or the division may sue and be sued under the name of "The County Office of Family and Children of _______ County".
    (b) The county office has all other rights and powers and shall

perform all other duties necessary to administer this chapter.
    (c) A suit brought against the division that involves a county office may be filed in the following:
        (1) The circuit court with jurisdiction in the county.
        (2) A superior court or any other court of the county.
    (d) A notice or summons in a suit brought against the division that involves a county office must be served on the county director or the director of the division of family and children. It is not required to name the individual employees of the county office as either plaintiff or defendant.

SOURCE: IC 12-19-1-14; (00)IN1048.1.32. -->     SECTION 32. IC 12-19-1-14 , AS AMENDED BY P.L.273-1999, SECTION 91, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 14. (a) A county office may charge the following adoption fees:
        (1) An adoption placement fee that may not exceed the actual costs incurred by the county office for medical expenses of children and mothers.
        (2) A fee that does not exceed the time and travel costs incurred by the county office for home study and investigation concerning a contemplated adoption.
    (b) Fees charged under this section shall be deposited in a separate account in the county family and children state welfare trust clearance fund established under section 16 of this chapter. Money deposited under this subsection shall be expended is annually appropriated for use by the county office for the following purposes: without further appropriation:
        (1) The care of children whose adoption is contemplated.
        (2) The improvement of adoption services provided by the county departments.
    (c) The director of the division may adopt rules governing the expenditure of money under this section.
    (d) The division may provide written authorization allowing a county office to reduce or waive charges authorized under this section in hardship cases or for other good cause after investigation. The division may adopt forms on which the written authorization is provided.
SOURCE: IC 12-19-1-16; (00)IN1048.1.33. -->     SECTION 33. IC 12-19-1-16 , AS AMENDED BY P.L.273-1999, SECTION 92, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 16. (a) This section does not apply to money received to reimburse the county family and children's fund for expenditures made from the appropriations of the county office. The state welfare trust clearance fund is established. The fund shall be

administered by the division. Money in the fund at the end of a state fiscal year does not revert to the state general fund.
    (b) A county office may receive and administer money available to or for the benefit of a person receiving payments or services from the county office. The following applies apply to all money received under this section:
        (1) The money shall be kept in a special fund known as the county family and children state welfare trust clearance fund and may not be commingled with any other fund or with money received from taxation.
        (2) The money may be expended by the county office in any manner consistent with the following:
            (A) The purpose of the county family and children state welfare trust clearance fund or with the intention of the donor of the money.
            (B) Indiana law.
             (C) The policies of the division.

SOURCE: IC 12-19-1-18; (00)IN1048.1.34. -->     SECTION 34. IC 12-19-1-18 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 18. (a) After petition to and with the approval of the judge of the circuit court, a county office the division may take the actions described in subsection (b) if:
        (1) an applicant for public assistance is physically or mentally incapable of completing an application for assistance; or
        (2) a recipient of public assistance:
            (A) is incapable of managing the recipient's affairs; or
            (B) refuses to:
                (i) take care of the recipient's money properly; or
                (ii) comply with the director of the division's rules and policies.
    (b) If the conditions of subsection (a) are satisfied, the county office division may designate a responsible person to do the following:
        (1) Act for the applicant or recipient.
        (2) Receive on behalf of the recipient the assistance the recipient is eligible to receive under any of the following:
            (A) This chapter.
            (B) IC 12-10-6.
            (C) IC 12-14-1 through IC 12-14-9.
            (D) IC 12-14-13 through IC 12-14-19.
            (E) IC 12-15.
            (F) IC 12-17-1 through IC 12-17-3.
            (G) IC 16-35-2.
    (c) A fee for services provided under this section may be paid to the responsible person in an amount not to exceed ten dollars ($10) each month. The fee may be allowed:
        (1) in the monthly assistance award; or
        (2) by vendor payment if the fee would cause the amount of assistance to be increased beyond the maximum amount permitted by statute.
SOURCE: IC 12-19-1-23; (00)IN1048.1.35. -->     SECTION 35. IC 12-19-1-23 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 23. (a) As used in this chapter, "child services" means child welfare services specifically provided for children who:
        (1) are adjudicated to be:
            (A) children in need of services; or
            (B) delinquent children; or
        (2) are recipients of or are eligible for:
            (A) informal adjustments;
            (B) service referral agreements; and
            (C) adoption assistance;
including the costs of using an institution or facility for providing educational services as described in either IC 20-8.1-3-36 (if applicable) or IC 20-8.1-6.1-8 (if applicable), all services required to be paid by the division under IC 31-40-1 , and all costs required to be paid by the division under IC 20-8.1-6.1-7.
    (b) The division shall pay the expenses and obligations incurred after December 31, 2000, to deliver child services.

SOURCE: IC 12-19-1-24; (00)IN1048.1.36. -->     SECTION 36. IC 12-19-1-24 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1999 (RETROACTIVE)]: Sec. 24. (a) This section applies notwithstanding the repeal of IC 12-19-5 through IC 12-19-7 (effective January 1, 2001).
    (b) All bonds issued under IC 12-1-11 (before its repeal) or this article before January 1, 2001:
        (1) are direct general obligations of the county issuing the bonds; and
        (2) are payable out of unlimited ad valorem taxes that shall be levied and collected on all the taxable property within the county.
    (c) Each official and body responsible for the levying of taxes for the county must ensure that sufficient levies are made to meet the principal and interest on the bonds at the time fixed for the payment of the principal and interest, without regard to any other

statute. If an official or a body fails or refuses to make or allow a sufficient levy required by this section, the bonds and the interest on the bonds shall be payable out of the general fund of the county without appropriation.

SOURCE: IC 16-33-3-10; (00)IN1048.1.37. -->     SECTION 37. IC 16-33-3-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 10. Whenever the circuit court having jurisdiction finds, upon application by the county office of family and children, that the parent or guardian of a client placed in the center is unable to meet the costs that the parent or guardian is required to pay for the services of the center, the court shall order payment of the costs from the county general fund. by the division of family and children.
SOURCE: IC 16-33-4-17; (00)IN1048.1.38. -->     SECTION 38. IC 16-33-4-17 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 17. (a) Each child, the estate of the child, the parent or parents of the child, or the guardian of the child, individually or collectively, are liable for the payment of the costs of maintenance of the child of up to one hundred percent (100%) of the per capita cost, except as otherwise provided. The cost shall be computed annually by dividing the total annual cost of operation for the fiscal year, exclusive of the cost of education programs, construction, and equipment, by the total child days each year. The maintenance cost shall be referred to as maintenance charges. The charge may not be levied against any of the following:
        (1) The division of family and children or the county office of family and children to be derived from county tax sources.
        (2) A child orphaned by reason of the death of the natural parents.
    (b) The billing and collection of the maintenance charges as provided for in subsection (a) shall be made by the superintendent of the home based on the per capita cost for the preceding fiscal year. All money collected shall be deposited in a fund to be known as the Indiana soldiers' and sailors' children's home maintenance fund. The fund shall be used by the state health commissioner for the:
        (1) preventative maintenance; and
        (2) repair and rehabilitation;
of buildings of the home that are used for housing, food service, or education of the children of the home.
    (c) The superintendent of the home may, with the approval of the state health commissioner, agree to accept payment at a lesser rate than that prescribed in subsection (a). The superintendent of the home shall, in determining whether or not to accept the lesser amount, take into consideration the amount of money that is necessary to maintain or support any member of the family of the child. All agreements to

accept a lesser amount are subject to cancellation or modification at any time by the superintendent of the home with the approval of the state health commissioner.
    (d) A person who has been issued a statement of amounts due as maintenance charges may petition the superintendent of the home for a release from or modification of the statement and the superintendent shall provide for hearings to be held on the petition. The superintendent of the home may, with the approval of the state health commissioner and after the hearing, cancel or modify the former statement and at any time for due cause may increase the amounts due for maintenance charges to an amount not to exceed the maximum cost as determined under subsection (a).
    (e) The superintendent of the home may arrange for the establishment of a graduation or discharge trust account for a child by arranging to accept a lesser rate of maintenance charge. The trust fund must be of sufficient size to provide for immediate expenses upon graduation or discharge.
    (f) The superintendent may make agreements with instrumentalities of the federal government for application of any monetary awards to be applied toward the maintenance charges in a manner that provides a sufficient amount of the periodic award to be deposited in the child's trust account to meet the immediate personal needs of the child and to provide a suitable graduation or discharge allowance. The amount applied toward the settlement of maintenance charges may not exceed the amount specified in subsection (a).
    (g) The superintendent of the home may do the following:
        (1) Investigate, either with the superintendent's own staff or on a contractual or other basis, the financial condition of each person liable under this chapter.
        (2) Make determinations of the ability of:
            (A) the estate of the child;
            (B) the legal guardian of the child; or
            (C) each of the responsible parents of the child;
        to pay maintenance charges.
        (3) Set a standard as a basis of judgment of ability to pay that shall be recomputed periodically to do the following:
            (A) Reflect changes in the cost of living and other pertinent factors.
            (B) Provide for unusual and exceptional circumstances in the application of the standard.
        (4) Issue to any person liable under this chapter statements of amounts due as maintenance charges, requiring the person to pay

monthly, quarterly, or otherwise as may be arranged, an amount not exceeding the maximum cost as determined under this chapter.

SOURCE: IC 20-8.1-3-36; (00)IN1048.1.39. -->     SECTION 39. IC 20-8.1-3-36 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 36. (a) It is unlawful for a person operating or responsible for an educational, correctional, charitable, or benevolent institution or training school to fail to ensure that a child under his authority attends school as required under this chapter. Each day of violation of this section constitutes a separate offense.
    (b) If a child is placed in an institution or facility under a court order, the institution or facility shall charge the county office of the county of the student's legal settlement under IC 12-19-7 division of family and children 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.
SOURCE: IC 20-8.1-6.1-7; (00)IN1048.1.40. -->     SECTION 40. IC 20-8.1-6.1-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 7. (a) If a student is transferred under section 2 of this chapter from a school corporation in Indiana to a public school corporation in another state, the transferor corporation shall pay the transferee corporation the full tuition fee charged by the transferee corporation. However, the amount of the full tuition fee must not exceed the amount charged by the transferor corporation for the same class of school, or if the school has no such classification, the amount must not exceed the amount charged by the geographically nearest school corporation in Indiana which has such classification.
    (b) If a child is:
        (1) placed by a court order in an out-of-state institution or other facility; and
        (2) provided all educational programs and services by a public school corporation in the state where the child is placed, whether at the facility, the public school, or another location;
the county office division of family and children for the county placing the child shall pay from the county family and children's fund to the public school corporation in which the child is enrolled the amount of transfer tuition specified in subsection (c).
    (c) The transfer tuition for which a county office the division of family and children is obligated under subsection (b) is equal to the following:
        (1) The amount under a written agreement among the county office, division of family and children, the institution or other

facility, and the governing body of the public school corporation in the other state that specifies the amount and method of computing transfer tuition.
        (2) The full tuition fee charged by the transferee corporation, if subdivision (1) does not apply. However, the amount of the full tuition fee must not exceed the amount charged by the transferor corporation for the same class of school, or if the school has no such classification, the amount must not exceed the amount charged by the geographically nearest school corporation in Indiana which has such classification.
    (d) If a child is:
        (1) placed by a court order in an out-of-state institution or other facility; and
        (2) provided:
            (A) onsite educational programs and services either through the facility's employees or by contract with another person or organization that is not a public school corporation; or
            (B) educational programs and services by a nonpublic school;
the county office division of family and children for the county placing the child shall pay from the county family and children's fund in an amount and in the manner specified in a written agreement between the county office division and the institution or other facility.
    (e) An agreement described in subsection (c) or (d) is subject to the approval of the director of the division of family and children. However, For purposes of IC 4-13-2 , the an agreement described in subsection (c) or (d) shall not be treated as a contract.

SOURCE: IC 20-8.1-6.1-8; (00)IN1048.1.41. -->     SECTION 41. IC 20-8.1-6.1-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 8. (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, vocational training, or career education.
        (2) "ADM" means the following:
            (A) For purposes of allocating to a transfer student state distributions under IC 21-1-30 (primetime), "ADM" as computed under IC 21-1-30-2.
            (B) For all other purposes, "ADM" as set forth in IC  21-3-1.6-1.1.
        (3) "Pupil 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 Indiana state board of education.
            (B) The total number of students enrolled in a class of school in a transferee school corporation on a date determined by the Indiana state board of education.
        However, a kindergarten student shall be counted under clauses (A) and (B) as one-half (1/2) a student.
        (4) "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 instruction program for the child; and
            (D) is not used for or by any child who is not a child with disabilities.
The Indiana state board of education may select a different date for counts under subdivision (3). 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 3 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) The following state distributions that are computed in any part using ADM or other pupil count in which the student is included:
                (i) Primetime grant under IC 21-1-30.
                (ii) Tuition support for basic programs and at-risk weights under IC 21-3-1.7-8 (before January 1, 1996) and only for basic programs (after December 31, 1995).
                (iii) Enrollment growth grant under IC 21-3-1.7-9.5.
                (iv) At-risk grant under IC 21-3-1.7-9.7.
                (v) Academic honors diploma award under IC  21-3-1.7-9.8.
                (vi) Vocational education grant under IC 21-3-1.8-3.
                (vii) Special education grant under IC 21-3-1.8 IC 21-3-1.8-2 (repealed January 1, 1996) or IC 21-3-10.
                (viii) The portion of the ADA flat grant that is available for the payment of general operating expenses under IC 21-3-4.5-2(b)(1).
            (B) For school years beginning after June 30, 1997, property tax levies.
            (C) For school years beginning after June 30, 1997, excise tax revenue (as defined in IC 21-3-1.7-2 ) received for deposit in the calendar year in which the school year begins.
            (D) For school years beginning after June 30, 1997, 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 under a court order, the institution or facility shall charge the county office of the county of the student's legal settlement under IC 12-19-7 division of family and children 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 which is made out of the general fund 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 Indiana state board of education; 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 pupil enrollment of each class in the transferee corporation compared to the total pupil 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 pupil 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 pupil attendance, the transfer tuition shall be calculated by the portion of the school year for which the transferred student is enrolled. A school year of pupil attendance consists of the number of days school is in session for pupil 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, because the student has been excluded or expelled from school for the balance of the school year or for an indefinite period, or because 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. Where an agreement cannot be reached, the amount shall be determined by the Indiana state board of education 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 distributions under IC 21-1-30 , IC 21-3-10 , or any other statute that computes the amount of a state distribution 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 pupil count used to compute the state distribution.
    (h) In lieu 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. This contract is for a maximum period of five (5) years with an option to renew and may specify a maximum number of pupils to be transferred and fix a method for determining the amount of transfer tuition and the time of payment, which may be different from that provided in section 9 of this chapter.
    (i) If the school corporation can meet the requirements of IC 21-1-30-5 , it may negotiate transfer tuition agreements with a neighboring school corporation that can accommodate additional students. Agreements under this section may be for one (1) year or longer and may 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 9 of this chapter. A school corporation may not transfer a student under this section without the prior approval of the child's parent or guardian.
    (j) If a school corporation experiences a net financial impact with regard to transfer tuition that is negative for a particular school year as described in IC 6-1.1-19-5.1 , the school corporation may appeal for an excessive levy as provided under IC 6-1.1-19-5.1.

SOURCE: IC 20-8.1-6.1-12; (00)IN1048.1.42. -->     SECTION 42. IC 20-8.1-6.1-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 12. (a) Annually before the date specified in the rules adopted by the Indiana state board of education, each school corporation shall report the information specified in subsection (b) for each student:
        (1) for whom tuition support is paid by another school corporation;
        (2) for whom tuition support is paid by the state; and
        (3) who is enrolled in the school corporation but has the equivalent of a legal settlement in another state or country;
to the county office (as defined in IC 12-7-2-45 ) for the county in which the principal office of the school corporation is located and to the department of education.
    (b) Each school corporation shall provide the following information

for each school year beginning with the school year beginning July 1, 1994, for each category of student described in subsection (a):
        (1) The amount of tuition support and other support received for the students described in subsection (a).
        (2) The operating expenses, as determined under section 8 of this chapter, incurred for the students described in subsection (a).
        (3) Special equipment expenditures that are directly related to educating students described in subsection (a).
        (4) The number of transfer students described in subsection (a).
        (5) Any other information required under the rules adopted by the Indiana state board of education after consultation with the office of the secretary of family and social services.
    (c) The information required under this section shall be reported in the format and on the forms specified by the Indiana state board of education.
    (d) Not later than November 30 of each year beginning after December 31, 1994, the department of education shall compile the information required from school corporations under this section and submit the compiled information in the form specified by the office of the secretary of family and social services to the office of the secretary of family and social services.
    (e) Not later than November 30 of each year beginning after December 31, 1994, each county office shall submit the following information to the office of the secretary of family and social services for each child who is described in IC 12-19-7-1 (1) IC 12-19-1-23 (a)(1) and is placed in another state or is a student in a school outside the school corporation where the child has legal settlement:
        (1) The name of the child.
        (2) The name of the school corporation where the child has legal settlement.
        (3) The last known address of the custodial parent or guardian of the child.
        (4) Any other information required by the office of the secretary of family and social services.
    (f) Not later than December 31 of each year beginning after December 31, 1994, the office of the secretary of family and social services shall submit a report to the members of the budget committee and the executive director of the legislative services agency that compiles and analyzes the information required from school corporations under this section. The report shall identify the types of state and local funding changes that are needed to provide adequate state and local money to educate transfer students.


SOURCE: IC 31-19-26-1; (00)IN1048.1.43. -->     SECTION 43. IC 31-19-26-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 1. (a) When a petition for adoption is filed seeking a subsidy and the payment of a subsidy is ordered by the court, the order must contain the following information:
        (1) Whether a subsidy will be paid under section 2 or 3 of this chapter, or both.
        (2) The amount of each subsidy to be paid.
        (3) If a subsidy will be paid under section 3 of this chapter, the condition or cause covered by the subsidy.
        (4) Any condition for the continued payment of a subsidy other than a requirement set forth in this chapter.
    (b) The county office division of family and children of the county responsible for foster care of an adoptive child may be ordered to pay either or both of the subsidies under this chapter to the adoptive parents or designated payees to the extent that money is available.
SOURCE: IC 31-40-1-1; (00)IN1048.1.44. -->     SECTION 44. IC 31-40-1-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 1. This article applies to a financial burden sustained by the state and a county as the result of costs paid by the county under section 2 of this chapter, including costs resulting from the institutional placement of a child adjudicated a delinquent child or a child in need of services.
SOURCE: IC 31-40-1-2; (00)IN1048.1.45. -->     SECTION 45. IC 31-40-1-2 , AS AMENDED BY P.L.273-1999, SECTION 119, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 2. (a) The county state shall pay from the county family and children's fund the cost of:
        (1) any services ordered by the juvenile court for any child or the child's parent, guardian, or custodian, other than secure detention; and
        (2) returning a child under IC 31-37-23 ;
except for probation, guardian ad litem, and court appointed special advocate services. The county shall pay the cost of probation, guardian ad litem, and court appointed special advocate services.
    (b) The state and the county fiscal body shall provide sufficient money to meet the court's requirements.
SOURCE: IC 31-40-1-4; (00)IN1048.1.46. -->     SECTION 46. IC 31-40-1-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 4. The parent or guardian of the estate of any child returned to Indiana under the interstate compact on juveniles under IC 31-37-23 shall reimburse the state and county for all costs involved in returning the child that the court orders the parent or guardian to pay under section 3 of this

chapter (or IC 31-6-4-18 (e) before its repeal) whether or not the child has been adjudicated a delinquent child or a child in need of services.

SOURCE: IC 31-40-1-5; (00)IN1048.1.47. -->     SECTION 47. IC 31-40-1-5 , AS AMENDED BY P.L.273-1999, SECTION 121, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 5. (a) This section applies whenever the court orders or approves removal of a child from the home of a child's parent or guardian and placement of the child in a child caring institution (as defined in IC 12-7-2-29 ), a foster family home (as defined in IC 12-7-2-90 ), or the home of a relative of the child that is not a foster family home.
    (b) If an existing support order is in effect, the court shall order the support payments to be assigned to the county office division of family and children for the duration of the placement out of the home of the child's parent or guardian. The court shall notify the court that:
            (1) entered the existing support order; or
            (2) had jurisdiction, immediately before the placement, to modify or enforce the existing support order;
of the assignment and assumption of jurisdiction by the juvenile court under this section.
    (c) If an existing support order is not in effect, the court shall do the following:
        (1) Include in the order for removal or placement of the child an assignment to the county office, division of family and children, or confirmation of an assignment that occurs or is required under applicable federal law, of any rights to support, including support for the cost of any medical care payable by the state under IC 12-15, from any parent or guardian who has a legal obligation to support the child.
        (2) Order support paid to the county office division of family and children by each of the child's parents or the guardians of the child's estate to be based on child support guidelines adopted by the Indiana supreme court and for the duration of the placement of the child out of the home of the child's parent or guardian, unless:
            (A) the court finds that entry of an order based on the child support guidelines would be unjust or inappropriate considering the best interests of the child and other necessary obligations of the child's family; or
            (B) the county office division of family and children does not make foster care maintenance payments to the custodian of the child. For purposes of this clause, "foster care maintenance payments" means any payments for the cost of (in whole or in

part) and the cost of providing food, clothing, shelter, daily supervision, school supplies, a child's personal incidentals, liability insurance with respect to a child, and reasonable amounts for travel to the child's home for visitation. In the case of a child caring institution, the term also includes the reasonable costs of administration and operation of the institution as are necessary to provide the items described in this clause.
        (3) If the court:
            (A) does not enter a support order; or
            (B) enters an order that is not based on the child support guidelines;
        the court shall make findings as required by 45 CFR 302.56(g).
    (d) Payments in accordance with a support order assigned under subsection (b) or entered under subsection (c) (or IC 31-6-4-18 (f) before its repeal) shall be paid through the clerk of the circuit court as trustee for remittance to the county office. division of family and children.
    (e) The Title IV-D agency shall establish, modify, or enforce a support order assigned or entered by a court under this section in accordance with IC 12-17-2 and 42 U.S.C. 654. The county office division of family and children shall, if requested, assist the Title IV-D agency in performing its duties under this subsection.
    (f) If the juvenile court terminates placement of a child out of the home of the child's parent or guardian, the court shall:
        (1) notify the court that:
            (A) entered a support order assigned to the county office under subsection (b); or
            (B) had jurisdiction, immediately before the placement, to modify or enforce the existing support order;
        of the termination of jurisdiction of the juvenile court with respect to the support order;
        (2) terminate a support order entered under subsection (c) that requires payment of support by a custodial parent or guardian of the child, with respect to support obligations that accrue after termination of the placement; or
        (3) continue in effect, subject to modification or enforcement by a court having jurisdiction over the obligor, a support order entered under subsection (c) that requires payment of support by a noncustodial parent or guardian of the estate of the child.
    (g) The court may at or after a hearing described in section 3 of this chapter order the child's parent or the guardian of the child's estate to

reimburse the county office division of family and children for all or any portion of the expenses for services provided to or for the benefit of the child that are paid from the county family and children's fund by the division during the placement of the child out of the home of the parent or guardian, in addition to amounts reimbursed through payments in accordance with a support order assigned or entered as provided in this section, subject to applicable federal law.
    SECTION 48. THE FOLLOWING ARE REPEALED [EFFECTIVE JANUARY 1, 2001]: IC 6-1.1-18.6 ; IC 12-7-2-117 ; IC 12-13-8 ; IC 12-13-9-1 ; IC 12-13-9-3 ; IC 12-14-2-13 ; IC 12-15-1-2 ; IC 12-15-1-3 ; IC 12-16-14 ; IC 12-16-15 ; IC 12-17-3-3 ; IC 12-19-5 ; IC 12-19-6 ; IC 12-19-7 ; IC 12-24-13-6 ; IC 16-35-3 ; IC 16-35-4.

SOURCE: ; (00)IN1048.1.49. -->     SECTION 49. [EFFECTIVE JULY 1, 2000] (a) As used in this SECTION, "county office property tax levies" means the property tax levies under or for any of the following:
        (1) IC 12-13-8 (county medical assistance to wards fund).
        (2) IC 12-16-14 (county hospital care for the indigent fund).
        (3) IC 12-19-7 (county family and children's fund).
        (4) IC 16-35-3 (children with special health care needs county fund and tax levy).
    (b) Notwithstanding any other law, after December 31, 2000, the state shall fund one hundred percent (100%) of the programs, services, and activities paid from county office property tax levies before January 1, 2000.
    (c) Notwithstanding any other law, after December 31, 2000, a county may not impose a county office property tax levy. The maximum permissible levy for any fund:
        (1) that is not terminated after December 31, 2000; and
        (2) for which a county office property tax levy was imposed before January 1, 2001;
shall be reduced to eliminate the part of the maximum levy related to a county office property tax levy before January 1, 2001.

SOURCE: ; (00)IN1048.1.50. -->     SECTION 50. [EFFECTIVE JULY 1, 2000] (a) As used in this SECTION, "county office property tax levies" means the property tax levies under or for any of the following:
        (1) IC 12-13-8 (county medical assistance to wards fund).
        (2) IC 12-16-14 (county hospital care for the indigent fund).
        (3) IC 12-19-7 (county family and children's fund).
        (4) IC 16-35-3 (children with special health care needs county fund and tax levy).
    (b) As used in this SECTION, "miscellaneous revenue" means tax revenue that is distributed under:
        (1) the bank tax (IC 6-5-10);
        (2) the savings and loan association tax (IC 6-5-11);
        (3) the production credit association tax (IC 6-5-12);
        (4) the financial institutions tax (IC 6-5.5); or
        (5) any other statute providing for a distribution of revenue;
to a political subdivision based in any part on the ad valorem property tax levy imposed by the political subdivision.
    (c) For calendar year 2001 and any other year that in any part conditions a distribution of miscellaneous revenue on the county property tax levies first due and payable in calendar year 2000 or a previous year, the distribution must be made based on the adjusted property tax levy determined under this SECTION.
    (d) The state board of tax commissioners shall determine an adjusted property tax levy for each year on which a distribution described in subsection (c) is based. The adjusted property tax levy must exclude the county office property tax levies imposed in that year.
    (e) Before July 15, 2000, the state board of tax commissioners shall certify the adjusted levy determined under subsection (d) to the auditor of state, each county auditor, and the department of state revenue.
    (f) For purposes of property tax levies first due and payable after December 31, 2000, the state board of tax commissioners shall adjust property tax levies of a political subdivision to eliminate that part of a property tax levy that was imposed before January 1, 2000, to make a transfer described in IC 12-15-18-5.1.
    (g) The unallotted balance on December 31, 2000, of any county office property tax levies in a fund other than the state general fund shall, on January 1, 2001, shall be transferred to the state general fund to carry out the programs for which the money was levied. The unallotted balance on December 31, 2000, of each county welfare trust clearance fund shall be transferred on January 1, 2001, to an account in the state welfare trust clearance fund. However, by agreement between a county executive and the division of family and children, a county may retain a balance of county office property tax levies after December 31, 2000, in a fund to pay obligations incurred but not allotted for payment before January 1, 2001. The amount that shall be retained and the time that balances shall be retained shall be governed by the agreement. Money transferred to the state under this subsection shall be treated as money from state revenues.
    (h) The state board of tax commissioners shall reduce the

maximum permissible ad valorem property tax levy of a county to reflect the transfer by this act of any expenditures payable from a county general fund to the state.
    (i) This SECTION expires December 31, 2002.

SOURCE: ; (00)IN1048.1.51. -->     SECTION 51. [EFFECTIVE JULY 1, 2000] (a) After December 31, 2000, a reference in a law, rule, or other document to a county office of family and children shall be treated as a reference to:
        (1) the county office of family and children within the division of family and children; or
        (2) the division of family and children.
    (b) The division of family and children may adopt and operate under interim guidelines to implement this SECTION. Interim guidelines adopted under this SECTION expire on the earliest of the following:
        (1) A replacement interim guideline is adopted under this SECTION.
        (2) A rule is adopted under IC 4-22-2 to replace the interim guideline.
        (3) January 1, 2002.
    (c) To the extent that the personnel, agreements and other obligations, and records and other property of a county office are not the personnel, agreements and other obligations, and records and other property of the division, after December 31, 2000, the:
        (1) personnel;
        (2) agreements and other obligations; and
        (3) records and other property;
of a county office of family and children on December 31, 2000, shall be treated as the personnel, agreements and other obligations, and records and other property of the division of family and children.
    (d) After December 31, 2000, a court order issued before January 1, 2001, and requiring or authorizing a county office of family and children to take an action shall be treated as an order requiring or authorizing the division of family and children to take the action. However, this subsection does not authorize the division of family and children to impose a property tax levy.
    (e) After December 31, 2000:
        (1) trust funds administered by; and
        (2) wardships and guardianships granted to;
a county office of family and children before January 1, 2000, shall be administered by the division of family and children.
    (f) The following funds are abolished:
        (1) State medical assistance to wards fund.
        (2) The state welfare fund.
        (3) Institution clothing fund established under IC 12-24-6-1 (repealed by this act).
Unallotted money in a fund described in this subsection on December 31, 2000, shall on January 1, 2001, be transferred to an account in the state general fund.
    (g) The unallotted balances on December 31, 2000, of any trust fund established under IC 12-19-1-15 , as repealed by this act, shall be transferred to an appropriate trust fund under the administration of the division of family and children. The amount transferred shall be used only in a manner consistent with the intention of the donor of the property and for the following purposes:
        (1) For the benefit of a home or an institution in which dependent or neglected children are cared for under the supervision of the county office.
        (2) For the benefit of children who are committed to the care or supervision of the county office.

SOURCE: ; (00)IN1048.1.52. -->     SECTION 52. [EFFECTIVE JULY 1, 2000] (a) As used in this SECTION, "committee" refers to the human services committee.
    (b) The human services committee is established. The committee consists of twenty (20) members as follows:
        (1) Four (4) members of the senate finance committee to be appointed by the president pro tempore of the senate.
        (2) Four (4) members of the senate finance committee to be appointed by the minority leader of the senate.
        (3) Six (6) members of the house ways and means committee to be appointed by the speaker of the house of representatives.
        (4) Six (6) members of the house ways and means committee to be appointed by the minority leader of the house of representatives.

    (c) A member appointed under this SECTION serves at the pleasure of the appointing authority. If a vacancy exists on the committee, the vacancy shall be filled by the person who made the original appointment.
    (d) The chairman of the legislative council shall name the chairperson of the committee. The chairperson of the committee serves at the pleasure of the chairman of the legislative council.
    (e) The committee shall meet at least eight (8) times each year. The chairperson shall call the first meeting of the committee before August 31, 2000.
    (f) The committee shall provide for the introduction of legislation in the 2001 and 2002 regular sessions of the general assembly to do the following:
        (1) Make appropriate changes to references in statutes that are required by this act.
        (2) Revise and consolidate the statutes relating to the duties of county offices of family and children under this act.
        (3) Otherwise implement this act.
    (g) The committee may study any issue related to its responsibilities.
    (h) The affirmative votes of a majority of the members appointed to the committee are required for the committee to take action on any measure, including final reports.
    (i) The committee shall operate under the direction of the legislative council. The legislative services agency shall staff the committee. The office of the secretary of family and social services shall assist the committee as directed by the chairperson of the committee.
    (j) The committee shall issue:
        (1) an interim report before November 2, 2000, and at other times as determined by the legislative council; and
        (2) a final report before November 2, 2001.
Copies of each report shall be given to the governor and the legislative council.
    (k) Each member of the committee is entitled to receive the same per diem, mileage, and travel allowances paid to members of the general assembly serving on interim study committees established by the legislative council.
    (l) This SECTION expires December 31, 2000.