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 s
ection 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.