Citations Affected: IC 2-5; IC 4-4; IC 5-2; IC 6-1.1; IC 9-21; IC 9-25;
IC 9-30; IC 12-13; IC 12-15; IC 13-11; IC 13-18; IC 13-20; IC 13-21;
IC 13-22; IC 13-25; IC 13-26; IC 14-22; IC 16-25; IC 16-29; IC 20-12;
IC 21-1; IC 21-2; IC 22-3; IC 22-4; IC 24-3; IC 25-4; IC 26-2; IC 27-8;
IC 27-13; IC 33-19; IC 35-33; IC 35-46; IC 36-7; IC 36-8; noncode.
Synopsis: Technical corrections. Makes numerous technical
corrections in the Indiana Code.
Effective: Upon passage; July 1, 2001; January 1, 2002.
January 8, 2001, read first time and referred to Committee on Judiciary.
January 18, 2001, reported favorably _ Do Pass.
A BILL FOR AN ACT to amend the Indiana Code concerning
technical corrections.
SECTION 1.
IC 4-4-3-22
, AS ADDED BY P.L.126-2000,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 22. The department shall establish a public
information page on its current Internet site on the world wide web.
The page must do the following:
(1) Provide, by program, cumulative information on the total
amount of incentives awarded, the total number of companies that
received the incentives and were assisted in a year, and the names
and addresses of those companies.
(2) Provide a mechanism on the page whereby the public may
request further information on-line about specific programs or
incentives awarded.
(3) Provide a mechanism for the public to receive an electronic
response.
SECTION 2.
IC 5-2-9-2.1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2.1. (a) As used in
this chapter, "order" means:
maintaining a safe speed for road conditions, if changing lanes
would be impossible or unsafe.
(c) Upon approaching a stationary recovery vehicle or a stationary
highway maintenance vehicle, when the vehicle is giving a signal by
displaying alternately flashing amber lights, a person who drives an
approaching vehicle shall:
(1) proceeding with due caution, yield the right-of-way by making
a lane change into a lane not adjacent to that of the authorized
emergency recovery vehicle or highway maintenance vehicle,
if possible with due regard to safety and traffic conditions, if on
a highway having at least four (4) lanes with not less than two (2)
lanes proceeding in the same direction as the approaching
vehicle; or
(2) proceeding with due caution, reduce the speed of the vehicle,
maintaining a safe speed for road conditions, if changing lanes
would be impossible or unsafe.
(d) This section does not operate to relieve the person who drives an
authorized emergency vehicle, a recovery vehicle, or a highway
maintenance vehicle from the duty to operate the vehicle with due
regard for the safety of all persons using the highway.
SECTION 7.
IC 9-25-7-3
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 3. (a) The bureau shall, upon
request, cancel a bond or return a certificate of insurance, direct the
treasurer of state to return to the person entitled any money or
securities deposited under this article as proof of financial
responsibility, or waive the requirement of filing proof of financial
responsibility in any of the following circumstances:
(1) At any time after three (3) years from the date the proof was
required, if during the three (3) year period preceding the request
the person furnishing the proof has not been convicted of an
offense referred to in IC 9-30-3-6.
IC 9-30-4-6.
(2) If the person on whose behalf the proof was filed dies or the
person becomes permanently incapable of operating a motor
vehicle.
(3) If the person who has given proof of financial responsibility
surrenders the person's operator's or chauffeur's license,
registration certificates, and registration plates to the bureau. The
bureau may not release the proof if an action for damages upon a
liability referred to in this article is pending, a judgment upon a
liability is outstanding and unsatisfied, or the bureau has received
notice that the person has, within the period of three (3) months
immediately preceding, been involved as a driver in a motor
vehicle accident. An affidavit of the applicant of the nonexistence
of the facts referred to in this subdivision is sufficient evidence of
the nonexistence of the facts in the absence of evidence to the
contrary in the records of the department.
(b) Whenever a person to whom proof has been surrendered under
subsection (a)(3) applies for an operator's or chauffeur's license or the
registration of a motor vehicle within a period of three (3) years from
the date the proof of financial responsibility was originally required,
the bureau shall reject the application unless the applicant reestablishes
the proof for the remainder of the period.
SECTION 8.
IC 9-30-3-6
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 6. (a) In traffic cases, the
information and summons shall be in substantially the following form:
In the _________ Court of __________ County
Cause No. _________ Docket No. ___________
Page No. _____
State of Indiana
SS: No.___________
County of _______________________________
of the officer or authority; and
(2) shall prepare and submit the records and reports relating to the
traffic complaints in the manner and at the time prescribed by
both the state examiner of the state board of accounts and the
bureau.
SECTION 9.
IC 9-30-10-16
, AS AMENDED BY P.L.120-2000,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 16. (a) A person who operates a motor
vehicle:
(1) while the person's driving privileges are validly suspended
under this chapter or
IC 9-12-2
(repealed July 1, 1991) and the
person knows that the person's driving privileges are suspended;
or
(2) in violation of restrictions imposed under this chapter or
IC 9-12-2
(repealed July 1, 1991) and who knows of the existence
of the restrictions;
commits a Class D felony.
(b) Service by the bureau of notice of the suspension or restriction
of a person's driving privileges under subsection (a)(1) or (a)(2):
(1) in compliance with IC 9-30-10-5; section 5 of this chapter;
and
(2) by first class mail to the person at the last address shown for
the person in the bureau's records;
establishes a rebuttable presumption that the person knows that the
person's driving privileges are suspended or restricted.
(c) In addition to any criminal penalty, a person who is convicted of
a felony under subsection (a) forfeits the privilege of operating a motor
vehicle for life. However, if judgment for conviction of a Class A
misdemeanor is entered for an offense under subsection (a), the court
may order a period of suspension of the convicted person's driving
privileges that is in addition to any suspension of driving privileges
already imposed upon the person.
SECTION 10.
IC 13-11-2-1.5
, AS ADDED BY P.L.143-2000,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2002]: Sec. 1.5. "Acute hazardous waste", for purposes
of
IC 13-22-4-3.1
, has the meaning set forth in IC 13-22-4-3.1(a). 40
CFR Part 261.
SECTION 11.
IC 13-11-2-50.5
, AS ADDED BY P.L.140-2000,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 50.5. "Degradation", for purposes of
IC 13-18-3
, has the meaning set forth in IC 13-18-3-2(b). means, with
respect to a National Pollutant Discharge Elimination System
permit, the following:
(1) With respect to an outstanding national resource water,
any new or increased discharge of a pollutant or a pollutant
parameter, except for a short term, temporary increase.
(2) With respect to an outstanding state resource water or an
exceptional use water, any new or increased discharge of a
pollutant or pollutant parameter that results in a significant
lowering of water quality for that pollutant or pollutant
parameter, unless:
(A) the activity causing the increased discharge:
(i) results in an overall improvement in water quality in
the outstanding state resource water or exceptional use
water; and
(ii) meets the applicable requirements of 327
IAC 2-1-2(1) and (2) and 327 IAC 2-1.5-4(a) and (b); or
(B) the person proposing the increased discharge
undertakes or funds a water quality improvement project
in accordance with
IC 13-18-3-2
(l) in the watershed of the
outstanding state resource water or exceptional use water
that:
(i) results in an overall improvement in water quality in
the outstanding state resource water or exceptional use
water; and
(ii) meets the applicable requirements of 327
IAC 2-1-2(1) and (2) and 327 IAC 2-1.5-4(a) and (b).
SECTION 12.
IC 13-11-2-72.5
, AS ADDED BY P.L.140-2000,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 72.5. "Exceptional use water", for purposes
of section 50.5 of this chapter and
IC 13-18-3
, has the meaning set
forth in IC 13-18-3-2(c). means any water designated as an
exceptional use water by the water pollution control board,
regardless of when the designation occurred.
SECTION 13.
IC 13-11-2-149.5
, AS ADDED BY P.L.140-2000,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 149.5. "Outstanding national resource water",
for purposes of section 50.5 of this chapter and
IC 13-18-3
, has the
meaning set forth in IC 13-18-3-2(d). means a water designated as
such by the general assembly after recommendations by the water
pollution control board and the environmental quality service
council under
IC 13-18-3-2
(o) and
IC 13-18-3-2
(p). The designation
must describe the quality of the outstanding national resource
water to serve as the benchmark of the water quality that shall be
maintained and protected. Waters that may be considered for
designation as outstanding national resource waters include water
bodies that are recognized as:
(1) important because of protection through official action,
such as:
(A) federal or state law;
(B) presidential or secretarial action;
(C) international treaty; or
(D) interstate compact;
(2) having exceptional recreational significance;
(3) having exceptional ecological significance;
(4) having other special environmental, recreational, or
ecological attributes; or
(5) waters with respect to which designation as an outstanding
national resource water is reasonably necessary for protection
of other water bodies designated as outstanding national
resource waters.
SECTION 14.
IC 13-11-2-149.6
, AS ADDED BY P.L.140-2000,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 149.6. "Outstanding state resource water", for
purposes of section 50.5 of this chapter and
IC 13-18-3
, has the
meaning set forth in IC 13-18-3-2(e). means any water designated as
such by the water pollution control board regardless of when the
designation occurred or occurs. Waters that may be considered for
designation as outstanding state resource waters include water
bodies that have unique or special ecological, recreational, or
aesthetic significance.
SECTION 15.
IC 13-11-2-237.5
, AS ADDED BY P.L.132-2000,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 237.5. "Transient noncommunity water
system", for purposes of
IC 13-18-11
, has the meaning set forth in
IC 13-18-11-1(a). means a noncommunity water system that does
not regularly serve at least twenty-five (25) of the same persons
over six (6) months per year.
SECTION 16.
IC 13-18-3-2
, AS AMENDED BY P.L.140-2000,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. (a) The board may adopt rules under
IC 4-22-2
that are necessary to the implementation of:
(1) the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.), as in effect January 1, 1988; and
(2) the federal Safe Drinking Water Act (42 U.S.C. 300f through
300j), as in effect January 1, 1988;
dollars ($500,000) based on the type and quantity of increased
pollutant loadings, to the department for deposit in the
outstanding state resource water improvement fund established
under section 14 of this chapter.
(3) Criteria for the submission and timely approval of projects
described in subdivision (2)(A).
(4) A process for public input in the approval process.
(5) Use of water quality data that is less than seven (7) years old
and specific to the outstanding state resource water.
(6) Criteria for using the watershed improvement fees to fund
projects in the watershed that result in improvement in water
quality in the outstanding state resource water or exceptional use
water.
(n) For a water body designated as an outstanding state resource
water after June 30, 2000, the board shall provide by rule
antidegradation implementation procedures before the water body is
designated in accordance with this section.
(o) A water body may be designated as an outstanding national
resource water only by the general assembly after recommendations for
designation are made by the board and the environmental quality
service council.
(p) Before recommending the designation of an outstanding national
resource water, the department shall provide for an adequate public
notice and comment period regarding the designation. The
commissioner shall present a summary of the comments and
information received during the comment period and the department's
recommendation concerning designation to the environmental quality
service council not later than ninety (90) days after the end of the
comment period. The council shall consider the comments,
information, and recommendation received from the department, and
shall convey its recommendation concerning designation to the general
assembly within six (6) months after receipt.
SECTION 17.
IC 13-18-3-2.4
, AS ADDED BY P.L.140-2000,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2.4. (a) A permit holder shall review the
feasibility of implementing additional or new control alternatives to
attain water quality standards, including standards suspended under
section 2.5 of this chapter. The permit holder shall conduct such a
review periodically, but not less than every five (5) years after approval
of the long term control plan by the department. The permit holder
shall:
(1) document to the department that the long term control plan
has been reviewed;
(2) update the long term control plan as necessary;
(3) submit any amendments to the long term control plan to the
department for approval; and
(4) implement control alternatives determined to be cost effective.
Cost effectiveness may be determined, at the option of the permit
holder, by using a knee of the curve analysis.
SECTION 18.
IC 13-18-11-1
, AS AMENDED BY P.L.132-2000,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1. (a) As used in this chapter, "transient
noncommunity water system" means a noncommunity water system
that does not regularly serve at least twenty-five (25) of the same
persons over six (6) months per year. has the meaning set forth in
IC 13-11-2-237.5.
(b) The commissioner may determine that this chapter does not
apply to a transient noncommunity water system.
SECTION 19.
IC 13-20-1-1
, AS AMENDED BY P.L.138-2000,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1. This chapter does not apply to an
individual, a corporation, a partnership, or a business association that
in its regular business activity:
(1) produces solid or industrial waste as a byproduct of or
incidental to its regular business activity; and
(2) disposes of the solid or industrial waste at a site that meets the
following conditions that is:
(A) owned by the individual, corporation, partnership, or
business association; and
(B) limited to use by that individual, corporation, partnership,
or business association for the disposal of solid or industrial
waste produced by:
(i) that individual, corporation, partnership, or business
association; or
(ii) a subsidiary of an entity referred to in item (i).
SECTION 20.
IC 13-22-4-3.1
, AS ADDED BY P.L.143-2000,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2002]: Sec. 3.1. (a) As used in this section, "acute
hazardous waste" has the meaning set forth in 40 CFR Part 261.
IC 13-11-2-1.5.
(b) A person that:
(1) in any one (1) or more calendar months of a calendar year
generates:
(A) more than one hundred (100) kilograms but less than one
thousand (1,000) kilograms of hazardous waste;
(B) less than one (1) kilogram of acute hazardous waste; or
(C) less than one hundred (100) kilograms of material from the
cleanup spillage of acute hazardous waste; or
(2) accumulates at least one thousand (1,000) kilograms of
hazardous waste or less than one (1) kilogram of acute hazardous
waste;
shall, before March 1 of each year, submit to the department on forms
provided by the department a report, containing no more than a
compilation of information from the Uniform Hazardous Waste
Manifest form described in section 1(a) of this chapter, that
summarizes the person's hazardous waste shipments during the
previous calendar year.
(c) A person that:
(1) in any one (1) or more calendar months of a calendar year
generates:
(A) more than one thousand (1,000) kilograms of hazardous
waste;
(B) at least one (1) kilogram of acute hazardous waste; or
(C) at least one hundred (100) kilograms of material from the
cleanup spillage of acute hazardous waste;
(2) accumulates at least six thousand (6,000) kilograms of
hazardous waste or at least one (1) kilogram of acute hazardous
waste; or
(3) is a treatment, storage, or disposal facility;
shall, before March 1 of each year, submit to the department either the
biennial report required by the United States Environmental Protection
Agency concerning the person's waste activities during the previous
calendar year, or an annual report on forms provided by the
department, containing no more than a compilation of information from
the Uniform Hazardous Waste Manifest form described in section 1(a)
of this chapter, that summarizes the person's hazardous waste
shipments during the previous calendar year.
SECTION 21.
IC 13-22-10-23
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 23. (a) A:
(1) certificate of environmental compatibility granted under:
(A)
IC 13-7-8.6
(before its repeal); or
(B) this chapter (before the expiration of the sections of this
chapter authorizing the hazardous waste facility site
approval authority to grant certificates of environmental
compatibility);
preempts any local government zoning or other land use
regulations, laws, or ordinances; and
(2) person obtaining the certificate of environmental compatibility
is not required to apply for approval by:
(A) a regional;
(B) a county; or
(C) a municipal;
zoning board or authority.
(b) Local government may not prohibit or unduly restrict:
(1) the transportation of hazardous waste or low level radioactive
waste through the local government's area of jurisdiction that is
en route to a facility; or
(2) the:
(A) treatment;
(B) storage; or
(C) disposal;
of hazardous waste or low level radioactive waste at a facility
within the jurisdiction of the local government.
SECTION 22.
IC 13-26-2-6
, AS AMENDED BY P.L.106-2000,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 6. (a) Except as provided in section 9 of this
chapter, the hearing officer shall fix a time and place inside or within
ten (10) miles of the proposed district for the hearing on any matter for
which a hearing is authorized under this chapter.
(b) The hearing officer shall make a reasonable effort to provide
notice of the hearing as follows:
(1) By publication of notice two (2) times each week for two (2)
consecutive weeks in at least two (2) newspapers of general
circulation in each of the counties, in whole or in part, in the
district. The publication of notice must, at a minimum, include a
legal notice and a prominently displayed three (3) inches by five
(5) inches advertisement.
(2) By certified mail, return receipt requested, mailed at least two
(2) weeks before the hearing to the following:
(A) The fiscal and executive bodies of each county with
territory in the proposed district.
(B) The executive of all other eligible entities with territory in
the proposed district.
(C) The state and any of its agencies owning, controlling, or
leasing land within the proposed district, excluding highways
and public thoroughfares owned or controlled by the Indiana
department of transportation.
(D) Each sewage disposal company holding a certificate of
territorial authority under
IC 8-1-2-89
respecting territory in
the proposed district.
(3) By making a reasonable effort to provide notice of the hearing
by regular United States mail, postage prepaid, mailed at least two
(2) weeks before the hearing to each freeholder within the
proposed district.
(4) By including the date on which the hearing is to be held and
a brief description of:
(A) the subject of the petition, including a description of the
general boundaries of the area to be included in the proposed
district; and
(B) the locations where copies of the petition are available for
viewing.
SECTION 23.
IC 14-22-12-1
, AS AMENDED BY P.L.14-2000,
SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1. The department may issue the following
licenses and shall charge the following license fees to hunt, trap, or fish
in Indiana:
(1) A resident yearly license to fish, eight dollars and seventy-five
cents ($8.75).
(2) A resident yearly license to hunt, eight dollars and
seventy-five cents ($8.75).
(3) A resident yearly license to hunt and fish, thirteen dollars and
seventy-five cents ($13.75).
(4) A resident yearly license to trap, eight dollars and seventy-five
cents ($8.75).
(5) A nonresident yearly license to fish, twenty-four dollars and
seventy-five cents ($24.75).
(6) A nonresident yearly license to hunt, sixty dollars and
seventy-five cents ($60.75).
(7) A nonresident yearly license to trap, one hundred seventeen
dollars and seventy-five cents ($117.75). However, a license may
not be issued to a resident of another state if that state does not
give reciprocity rights to Indiana residents similar to those
nonresident trapping privileges extended in Indiana.
(8) A resident or nonresident license to fish, including for trout
and salmon, for one (1) day only, four dollars and seventy-five
cents ($4.75).
(9) A nonresident license to fish, excluding for trout and salmon,
for seven (7) days only, twelve dollars and seventy-five cents
($12.75).
(10) A nonresident license to hunt for five (5) consecutive days
only, twenty-five dollars and seventy-five cents ($25.75).
(11) A resident or nonresident yearly stamp to fish for trout and
salmon, six dollars and seventy-five cents ($6.75).
(12) A resident yearly license to take a deer with a shotgun,
muzzle loading gun, or handgun, thirteen dollars and seventy-five
cents ($13.75).
(13) A resident yearly license to take a deer with a muzzle loading
gun, thirteen dollars and seventy-five cents ($13.75).
(14) A resident yearly license to take a deer with a bow and
arrow, thirteen dollars and seventy-five cents ($13.75).
(15) A nonresident yearly license to take a deer with a shotgun,
muzzle loading gun, or handgun, one hundred twenty dollars and
seventy-five cents ($120.75).
(16) A nonresident yearly license to take a deer with a muzzle
loading gun, one hundred twenty dollars and seventy-five cents
($120.75).
(17) A nonresident yearly license to take a deer with a bow and
arrow, one hundred twenty dollars and seventy-five cents
($120.75).
(18) A resident license to take an extra deer by a means, in a
location, and under conditions established by rule adopted by the
department under
IC 4-22-2
, thirteen dollars and seventy-five
cents ($13.75).
(19) A nonresident license to take an extra deer by a means, in a
location, and under conditions established by rule adopted by the
department under
IC 4-22-2
, one hundred twenty dollars and
seventy-five cents ($120.75).
(20) A resident yearly license to take a turkey, fourteen dollars
and seventy-five cents ($14.75).
(21) A nonresident yearly license to take a turkey, one hundred
fourteen dollars and seventy-five cents ($114.75). However, if the
state of residence of the nonresident applicant requires that before
a resident of Indiana may take turkey in that state the resident of
Indiana must also purchase another license in addition to a
nonresident license to take turkey, the applicant must also
purchase a nonresident yearly license to hunt under this section.
(22) If a fall wild turkey season is established, a resident
license to take an extra turkey by a means, in a location, and
under conditions established by rule adopted by the
department under
IC 4-22-2
, fourteen dollars and seventy-five
cents ($14.75).
(23) If a fall wild turkey season is established, a nonresident
license to take an extra turkey by a means, in a location, and
under conditions established by rule adopted by the
department under
IC 4-22-2
, one hundred fourteen dollars
and seventy-five cents ($114.75). However, if the state of
residence of the nonresident applicant requires that before a
resident of Indiana may take turkey in that state the resident
of Indiana must also purchase another license in addition to
a nonresident license to take turkey, the applicant must also
purchase a nonresident yearly license to hunt under this
section.
(22) (24) A resident youth yearly consolidated license to hunt, six
dollars ($6). This license is subject to the following:
(A) An applicant must be less than eighteen (18) years of age.
(B) The license is in lieu of the resident yearly license to hunt
and all other yearly licenses, stamps, or permits to hunt for a
specific species or by a specific means.
SECTION 24.
IC 20-12-21.2-9
, AS AMENDED BY P.L.57-2000,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 9. Notwithstanding IC 26-1-9-302(1)(a),
IC 26-1-9.1-310
(a), a security interest in education loans is perfected
by:
(1) possession under IC 26-1-9-305;
IC 26-1-9.1-313
; or
(2) filing a financing statement in the office of the secretary of
state under
IC 26-1-9.1-501.
SECTION 25.
IC 21-1-30-3
, AS AMENDED BY P.L.3-2000,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. (a) The amount to be distributed to a school
corporation under this chapter is the amount determined by the
following formula:
STEP ONE: Determine the applicable target pupil teacher ratio
for the school corporation as follows:
(A) If the school corporation's at-risk index is less than
seventeen hundredths (0.17), the school corporation's target
pupil teacher ratio is eighteen to one (18:1).
(B) If the school corporation's at-risk index is at least
seventeen hundredths (0.17) but less than twenty-seven
hundredths (0.27), the school corporation's target pupil teacher
ratio is fifteen (15) plus the result of: determined in item (iii):
(i) Determine the result of twenty-seven hundredths (0.27)
minus the school corporation's at-risk index.
(ii) Determine the item (i) result divided by one-tenth (0.1).
and
maintaining compliance with this chapter.
SECTION 26.
IC 21-2-11.5-2
, AS AMENDED BY P.L.96-2000,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 2. (a) Each calendar year, the governing body of
each school corporation shall establish a school transportation fund
which shall be the exclusive fund used by the school corporation for
the payment of costs attributable to transportation listed in subdivisions
(1) through (7), as authorized under IC 20, of school children during
the school year ending in the calendar year:
(1) The salaries paid bus drivers, transportation supervisors,
mechanics and garage employees, clerks, and other
transportation-related employees.
(2) Contracted transportation service, other than costs payable
from the school bus replacement account fund under subsection
(e).
(3) Wages of independent contractors.
(4) Contracts with common carriers.
(5) Pupil fares.
(6) Transportation-related insurance.
(7) Other expenses of operating the school corporation's
transportation service, including gasoline, lubricants, tires,
repairs, contracted repairs, parts, supplies, equipment, and other
related expenses.
(b) The governing body of each school corporation shall establish
a school bus replacement fund. The school bus replacement fund shall
be the exclusive fund used to pay the following costs attributable to
transportation:
(1) Amounts paid for the replacement of school buses, either
through a purchase agreement or under a lease agreement.
(2) The costs of contracted transportation service payable from
the school bus replacement account fund under subsection (e).
(c) Beginning January 1, 1996, portions, percentages, or parts of
salaries of teaching personnel or principals are not attributable to
transportation. However, parts of salaries of instructional aides who are
assigned to assist with the school transportation program are
attributable to transportation. The costs described in this subsection
(other than instructional aide costs) may not be budgeted for payment
or paid from the school transportation fund.
(d) Costs for a calendar year are those costs attributable to
transportation for school children during the school year ending in the
calendar year.
(e) Before the last Thursday in August in the year preceding the first
school year in which a proposed contract commences, the governing
body of a school corporation may elect to designate a portion of a
transportation contract (as defined in
IC 20-9.1-1-8
), fleet contract (as
defined in
IC 20-9.1-1-8.2
), or common carrier contract (as defined in
IC 20-9.1-1-9
) as an expenditure payable from the school bus
replacement fund. An election under this section must be made in a
transportation plan approved by the state board of tax commissioners
under section 3.1 of this chapter. The election applies throughout the
term of the contract. The amount that may be paid from the school bus
replacement fund in a school year is equal to the fair market lease value
in the school year of each school bus, school bus chassis, or school bus
body used under the contract, as substantiated by invoices, depreciation
schedules, and other documented information available to the school
corporation. The allocation of costs under this subsection to the school
bus replacement fund must comply with the allocation guidelines
adopted by the state board of tax commissioners and the accounting
standards prescribed by the state board of accounts.
SECTION 27.
IC 21-2-11.5-3.1
, AS AMENDED BY P.L.96-2000,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3.1. (a) Before a governing body may collect
property taxes for the school bus replacement fund in a particular
calendar year, the governing body must, after January 1 and not later
than September 20 of the immediately preceding year:
(1) conduct a public hearing on; and
(2) pass a resolution to adopt;
a plan under this section.
(b) The state board of tax commissioners shall prescribe the format
of the plan. A plan must apply to at least the ten (10) budget years
immediately following the year the plan is adopted. A plan must at
least include the following:
(1) An estimate for each year to which it applies of the nature and
amount of proposed expenditures from the transportation fund's
school bus replacement account. fund.
(2) A presumption that the minimum useful life of a school bus is
not less than ten (10) years.
(3) An identification of:
(A) the source of all revenue to be dedicated to the proposed
expenditures in the upcoming budget year; and
(B) the amount of property taxes to be collected in that year
and the unexpended balance to be retained in the fund for
expenditures proposed for a later year.
(4) If the school corporation is seeking to:
shall be deposited in the state general fund.
(b) Once begun, temporary total disability benefits may not be
terminated by the employer unless:
(1) the employee has returned to work;
(2) the employee has died;
(3) the employee has refused to undergo a medical examination
under section 20 of this chapter;
(4) the employee has received five hundred (500) weeks of
temporary total disability benefits or has been paid the maximum
compensation allowable under section 19 of this chapter; or
(5) the employee is unable or unavailable to work for reasons
unrelated to the compensable disease.
In all other cases the employer must notify the employee in writing of
the employer's intent to terminate the payment of temporary total
disability benefits, and of the availability of employment, if any, on a
form approved by the board. If the employee disagrees with the
proposed termination, the employee must give written notice of
disagreement to the board and the employer within seven (7) days after
receipt of the notice of intent to terminate benefits. If the board and
employer do not receive a notice of disagreement under this section,
the employee's temporary total disability benefits shall be terminated.
Upon receipt of the notice of disagreement, the board shall immediately
contact the parties, which may be by telephone or other means and
attempt to resolve the disagreement. If the board is unable to resolve
the disagreement within ten (10) days of receipt of the notice of
disagreement, the board shall immediately arrange for an evaluation of
the employee by an independent medical examiner. The independent
medical examiner shall be selected by mutual agreement of the parties
or, if the parties are unable to agree, appointed by the board under
IC 22-3-4-11.
If the independent medical examiner determines that the
employee is no longer temporarily disabled or is still temporarily
disabled but can return to employment that the employer has made
available to the employee, or if the employee fails or refuses to appear
for examination by the independent medical examiner, temporary total
disability benefits may be terminated. If either party disagrees with the
opinion of the independent medical examiner, the party shall apply to
the board for a hearing under section 27 of this chapter.
(c) An employer is not required to continue the payment of
temporary total disability benefits for more than fourteen (14) days
after the employer's proposed termination date unless the independent
medical examiner determines that the employee is temporarily disabled
and unable to return to any employment that the employer has made
available to the employee.
(d) If it is determined that as a result of this section temporary total
disability benefits were overpaid, the overpayment shall be deducted
from any benefits due the employee under this section and, if there are
no benefits due the employee or the benefits due the employee do not
equal the amount of the overpayment, the employee shall be
responsible for paying any overpayment which cannot be deducted
from benefits due the employee.
(e) For disablements occurring on and after April 1, 1951, and prior
to July 1, 1971, from occupational disease resulting in temporary total
disability for any work there shall be paid to the disabled employee
during such temporary total disability a weekly compensation equal to
sixty percent (60%) of the employee's average weekly wages for a
period not to exceed five hundred (500) weeks. Compensation shall be
allowed for the first seven (7) calendar days only if the disability
continues for longer than twenty-eight (28) days.
For disablements occurring on and after July 1, 1971, and prior to
July 1, 1974, from occupational disease resulting in temporary total
disability for any work there shall be paid to the disabled employee
during such temporary total disability a weekly compensation equal to
sixty percent (60%) of the employee's average weekly wages, as
defined in section 19 of this chapter, for a period not to exceed five
hundred (500) weeks. Compensation shall be allowed for the first seven
(7) calendar days only if the disability continues for longer than
twenty-eight (28) days.
For disablements occurring on and after July 1, 1974, and before
July 1, 1976, from occupational disease resulting in temporary total
disability for any work there shall be paid to the disabled employee
during such temporary total disability a weekly compensation equal to
sixty-six and two-thirds percent (66 2/3%) of the employee's average
weekly wages, up to one hundred thirty-five dollars ($135) average
weekly wages, as defined in section 19 of this chapter, for a period not
to exceed five hundred (500) weeks. Compensation shall be allowed for
the first seven (7) calendar days only if the disability continues for
longer than twenty-one (21) days.
For disablements occurring on and after July 1, 1976, from
occupational disease resulting in temporary total disability for any work
there shall be paid to the disabled employee during the temporary total
disability weekly compensation equal to sixty-six and two-thirds
percent (66 2/3%) of the employee's average weekly wages, as defined
in section 19 of this chapter, for a period not to exceed five hundred
(500) weeks. Compensation shall be allowed for the first seven (7)
calendar days only if the disability continues for longer than twenty-one
(21) days.
(f) For disablements occurring on and after April 1, 1951, and prior
to July 1, 1971, from occupational disease resulting in temporary
partial disability for work there shall be paid to the disabled employee
during such disability a weekly compensation equal to sixty percent
(60%) of the difference between the employee's average weekly wages
and the weekly wages at which the employee is actually employed after
the disablement, for a period not to exceed three hundred (300) weeks.
Compensation shall be allowed for the first seven (7) calendar days
only if the disability continues for longer than twenty-eight (28) days.
In case of partial disability after the period of temporary total disability,
the later period shall be included as part of the maximum period
allowed for partial disability.
For disablements occurring on and after July 1, 1971, and prior to
July 1, 1974, from occupational disease resulting in temporary partial
disability for work there shall be paid to the disabled employee during
such disability a weekly compensation equal to sixty percent (60%) of
the difference between the employee's average weekly wages, as
defined in section 19 of this chapter, and the weekly wages at which the
employee is actually employed after the disablement, for a period not
to exceed three hundred (300) weeks. Compensation shall be allowed
for the first seven (7) calendar days only if the disability continues for
longer than twenty-eight (28) days. In case of partial disability after the
period of temporary total disability, the latter period shall be included
as a part of the maximum period allowed for partial disability.
For disablements occurring on and after July 1, 1974, from
occupational disease resulting in temporary partial disability for work
there shall be paid to the disabled employee during such disability a
weekly compensation equal to sixty-six and two-thirds percent (66
2/3%) of the difference between the employee's average weekly wages,
as defined in section 19 of this chapter, and the weekly wages at which
he is actually employed after the disablement, for a period not to
exceed three hundred (300) weeks. Compensation shall be allowed for
the first seven (7) calendar days only if the disability continues for
longer than twenty-one (21) days. In case of partial disability after the
period of temporary total disability, the latter period shall be included
as a part of the maximum period allowed for partial disability.
(g) For disabilities occurring on and after April 1, 1951, and prior
to April 1, 1955, from occupational disease in the following schedule,
the employee shall receive in lieu of all other compensation, on account
of such disabilities, a weekly compensation of sixty percent (60%) of
the employee's average weekly wage; for disabilities occurring on and
after April 1, 1955, and prior to July 1, 1971, from occupational disease
in the following schedule, the employee shall receive in addition to
disability benefits not exceeding twenty-six (26) weeks on account of
said occupational disease a weekly compensation of sixty percent
(60%) of the employee's average weekly wages.
For disabilities occurring on and after July 1, 1971, and before July
1, 1977, from occupational disease in the following schedule, the
employee shall receive in addition to disability benefits not exceeding
twenty-six (26) weeks on account of said occupational disease a weekly
compensation of sixty percent (60%) of his average weekly wages not
to exceed one hundred dollars ($100) average weekly wages, for the
period stated for such disabilities respectively.
For disabilities occurring on and after July 1, 1977, and before July
1, 1979, from occupational disease in the following schedule, the
employee shall receive in addition to disability benefits not exceeding
twenty-six (26) weeks on account of the occupational disease a weekly
compensation of sixty percent (60%) of the employee's average weekly
wages, not to exceed one hundred twenty-five dollars ($125) average
weekly wages, for the period stated for the disabilities.
For disabilities occurring on and after July 1, 1979, and before July
1, 1988, from occupational disease in the following schedule, the
employee shall receive in addition to disability benefits, not exceeding
fifty-two (52) weeks on account of the occupational disease, a weekly
compensation of sixty percent (60%) of the employee's average weekly
wages, not to exceed one hundred twenty-five dollars ($125) average
weekly wages, for the period stated for the disabilities.
For disabilities occurring on and after July 1, 1988, and before July
1, 1989, from occupational disease in the following schedule, the
employee shall receive in addition to disability benefits, not exceeding
seventy-eight (78) weeks on account of the occupational disease, a
weekly compensation of sixty percent (60%) of the employee's average
weekly wages, not to exceed one hundred sixty-six dollars ($166)
average weekly wages, for the period stated for the disabilities.
For disabilities occurring on and after July 1, 1989, and before July
1, 1990, from occupational disease in the following schedule, the
employee shall receive in addition to disability benefits, not exceeding
seventy-eight (78) weeks on account of the occupational disease, a
weekly compensation of sixty percent (60%) of the employee's average
weekly wages, not to exceed one hundred eighty-three dollars ($183)
average weekly wages, for the period stated for the disabilities.
For disabilities occurring on and after July 1, 1990, and before July
1, 1991, from occupational disease in the following schedule, the
employee shall receive in addition to disability benefits, not exceeding
seventy-eight (78) weeks on account of the occupational disease, a
weekly compensation of sixty percent (60%) of the employee's average
weekly wages, not to exceed two hundred dollars ($200) average
weekly wages, for the period stated for the disabilities.
(1) Amputations: For the loss by separation, of the thumb, sixty
(60) weeks; of the index finger, forty (40) weeks; of the second
finger, thirty-five (35) weeks; of the third or ring finger, thirty
(30) weeks; of the fourth or little finger, twenty (20) weeks; of the
hand by separation below the elbow, two hundred (200) weeks; of
the arm above the elbow joint, two hundred fifty (250) weeks; of
the big toe, sixty (60) weeks; of the second toe, thirty (30) weeks;
of the third toe, twenty (20) weeks; of the fourth toe, fifteen (15)
weeks; of the fifth or little toe, ten (10) weeks; of the foot below
the knee joint, one hundred fifty (150) weeks; and of the leg
above the knee joint, two hundred (200) weeks. The loss of more
than one (1) phalange of a thumb or toe shall be considered as the
loss of the entire thumb or toe. The loss of more than two (2)
phalanges of a finger shall be considered as the loss of the entire
finger. The loss of not more than one (1) phalange of a thumb or
toe shall be considered as the loss of one-half (1/2) of the thumb
or toe and compensation shall be paid for one-half (1/2) of the
period for the loss of the entire thumb or toe. The loss of not more
than two (2) phalanges of a finger shall be considered as the loss
of one-half (1/2) the finger and compensation shall be paid for
one-half (1/2) of the period for the loss of the entire finger.
(2) Loss of Use: The total permanent loss of the use of an arm,
hand, thumb, finger, leg, foot, toe, or phalange shall be considered
as the equivalent of the loss by separation of the arm, hand,
thumb, finger, leg, foot, toe, or phalange and the compensation
shall be paid for the same period as for the loss thereof by
separation.
(3) Partial Loss of Use: For the permanent partial loss of the use
of an arm, hand, thumb, finger, leg, foot, toe, or phalange,
compensation shall be paid for the proportionate loss of the use of
such arm, hand, thumb, finger, leg, foot, toe, or phalange.
(4) For disablements for occupational disease resulting in total
permanent disability, five hundred (500) weeks.
(5) For the loss of both hands, or both feet, or the total sight of
both eyes, or any two (2) of such losses resulting from the same
disablement by occupational disease, five hundred (500) weeks.
separation below the elbow joint, forty (40) degrees of permanent
impairment; of the arm above the elbow, fifty (50) degrees of
permanent impairment; of the big toe, twelve (12) degrees of
permanent impairment; of the second toe, six (6) degrees of
permanent impairment; of the third toe, four (4) degrees of
permanent impairment; of the fourth toe, three (3) degrees of
permanent impairment; of the fifth or little toe, two (2) degrees of
permanent impairment; of separation of the foot below the knee
joint, thirty-five (35) degrees of permanent impairment; and of the
leg above the knee joint, forty-five (45) degrees of permanent
impairment.
(2) Amputations occurring on or after July 1, 1997: For the loss
by separation of any of the body parts described in subdivision (1)
on or after July 1, 1997, the dollar values per degree applying on
the date of the injury as described in subsection (h) shall be
multiplied by two (2). However, the doubling provision of this
subdivision does not apply to a loss of use that is not a loss by
separation.
(3) The loss of more than one (1) phalange of a thumb or toe shall
be considered as the loss of the entire thumb or toe. The loss of
more than two (2) phalanges of a finger shall be considered as the
loss of the entire finger. The loss of not more than one (1)
phalange of a thumb or toe shall be considered as the loss of
one-half (1/2) of the degrees of permanent impairment for the loss
of the entire thumb or toe. The loss of not more than one (1)
phalange of a finger shall be considered as the loss of one-third
(1/3) of the finger and compensation shall be paid for one-third
(1/3) of the degrees payable for the loss of the entire finger. The
loss of more than one (1) phalange of the finger but not more than
two (2) phalanges of the finger shall be considered as the loss of
one-half (1/2) of the finger and compensation shall be paid for
one-half (1/2) of the degrees payable for the loss of the entire
finger.
(4) For the loss by separation of both hands or both feet or the
total sight of both eyes or any two (2) such losses in the same
accident, one hundred (100) degrees of permanent impairment.
(5) For the permanent and complete loss of vision by enucleation
or its reduction to one-tenth (1/10) of normal vision with glasses,
thirty-five (35) degrees of permanent impairment.
(6) For the permanent and complete loss of hearing in one (1) ear,
fifteen (15) degrees of permanent impairment, and in both ears,
forty (40) degrees of permanent impairment.
section.
(h) With respect to disablements occurring on and after July 1,
1991, compensation for permanent partial impairment shall be paid
according to the degree of permanent impairment for the disablement
determined under subsection (d) and the following:
(1) With respect to disablements occurring on and after July 1,
1991, and before July 1, 1992, for each degree of permanent
impairment from one (1) to thirty-five (35), five hundred dollars
($500) per degree; for each degree of permanent impairment from
thirty-six (36) to fifty (50), nine hundred dollars ($900) per
degree; for each degree of permanent impairment above fifty (50),
one thousand five hundred dollars ($1,500) per degree.
(2) With respect to disablements occurring on and after July 1,
1992, and before July 1, 1993, for each degree of permanent
impairment from one (1) to twenty (20), five hundred dollars
($500) per degree; for each degree of permanent impairment from
twenty-one (21) to thirty-five (35), eight hundred dollars ($800)
per degree; for each degree of permanent impairment from
thirty-six (36) to fifty (50), one thousand three hundred dollars
($1,300) per degree; for each degree of permanent impairment
above fifty (50), one thousand seven hundred dollars ($1,700) per
degree.
(3) With respect to disablements occurring on and after July 1,
1993, and before July 1, 1997, for each degree of permanent
impairment from one (1) to ten (10), five hundred dollars ($500)
per degree; for each degree of permanent impairment from eleven
(11) to twenty (20), seven hundred dollars ($700) per degree; for
each degree of permanent impairment from twenty-one (21) to
thirty-five (35), one thousand dollars ($1,000) per degree; for
each degree of permanent impairment from thirty-six (36) to fifty
(50), one thousand four hundred dollars ($1,400) per degree; for
each degree of permanent impairment above fifty (50), one
thousand seven hundred dollars ($1,700) per degree.
(4) With respect to disablements occurring on and after July 1,
1997, and before July 1, 1998, for each degree of permanent
impairment from one (1) to ten (10), seven hundred fifty dollars
($750) per degree; for each degree of permanent impairment from
eleven (11) to thirty-five (35), one thousand dollars ($1,000) per
degree; for each degree of permanent impairment from thirty-six
(36) to fifty (50), one thousand four hundred dollars ($1,400) per
degree; for each degree of permanent impairment above fifty (50),
one thousand seven hundred dollars ($1,700) per degree.
($492).
(2) With respect to disablements occurring on or after July 1,
1992, and before July 1, 1993, five hundred forty dollars ($540).
(3) With respect to disablements occurring on or after July 1,
1993, and before July 1, 1994, five hundred ninety-one dollars
($591).
(4) With respect to disablements occurring on or after July 1,
1994, and before July 1, 1997, six hundred forty-two dollars
($642).
(5) With respect to disablements occurring on or after July 1,
1997, and before July 1, 1998, six hundred seventy-two dollars
($672).
(6) With respect to disablements occurring on or after July 1,
1998, and before July 1, 1999, seven hundred two dollars ($702).
(7) With respect to disablements occurring on or after July 1,
1999, and before July 1, 2000, seven hundred thirty-two dollars
($732).
(8) With respect to disablements occurring on or after July 1,
2000, and before July 1, 2001, seven hundred sixty-two dollars
($762).
(9) With respect to injuries occurring on or after July 1, 2001, and
before July 1, 2002, eight hundred twenty-two dollars ($822).
(10) With respect to injuries occurring on or after July 1, 2002,
eight hundred eighty-two dollars ($882).
(j) If any employee, only partially disabled, refuses employment
suitable to his capacity procured for him, he shall not be entitled to any
compensation at any time during the continuance of such refusal
unless, in the opinion of the worker's compensation board, such refusal
was justifiable. The employee must be served with a notice setting forth
the consequences of the refusal under this subsection. The notice must
be in a form prescribed by the worker's compensation board.
(k) If an employee has sustained a permanent impairment or
disability from an accidental injury other than an occupational disease
in another employment than that in which he suffered a subsequent
disability from an occupational disease, such as herein specified, the
employee shall be entitled to compensation for the subsequent
disability in the same amount as if the previous impairment or
disability had not occurred. However, if the permanent impairment or
disability resulting from an occupational disease for which
compensation is claimed results only in the aggravation or increase of
a previously sustained permanent impairment from an occupational
disease or physical condition regardless of the source or cause of such
previously sustained impairment from an occupational disease or
physical condition, the board shall determine the extent of the
previously sustained permanent impairment from an occupational
disease or physical condition as well as the extent of the aggravation or
increase resulting from the subsequent permanent impairment or
disability, and shall award compensation only for that part of said
occupational disease or physical condition resulting from the
subsequent permanent impairment. An amputation of any part of the
body or loss of any or all of the vision of one (1) or both eyes caused by
an occupational disease shall be considered as a permanent impairment
or physical condition.
(l) If an employee suffers a disablement from occupational disease
for which compensation is payable while the employee is still receiving
or entitled to compensation for a previous injury by accident or
disability by occupational disease in the same employment, he shall not
at the same time be entitled to compensation for both, unless it be for
a permanent injury, such as specified in subsection (g)(1), (g)(2),
(g)(3), (g)(6), or (g)(7); (g)(4), (g)(5), (g)(8), or (g)(9); but the
employee shall be entitled to compensation for that disability and from
the time of that disability which will cover the longest period and the
largest amount payable under this chapter.
(m) If an employee receives a permanent disability from
occupational disease such as specified in subsection (g)(1), (g)(2),
(g)(3), (g)(6), or (g)(7), (g)(4), (g)(5), (g)(8), or (g)(9) after having
sustained another such permanent disability in the same employment
the employee shall be entitled to compensation for both such
disabilities, but the total compensation shall be paid by extending the
period and not by increasing the amount of weekly compensation and,
when such previous and subsequent permanent disabilities, in
combination result in total permanent disability or permanent total
impairment, compensation shall be payable for such permanent total
disability or impairment, but payments made for the previous disability
or impairment shall be deducted from the total payment of
compensation due.
(n) When an employee has been awarded or is entitled to an award
of compensation for a definite period under this chapter for disability
from occupational disease, which disablement occurs on and after April
1, 1951, and prior to April 1, 1963, and such employee dies from any
other cause than such occupational disease, payment of the unpaid
balance of such compensation, not exceeding three hundred (300)
weeks, shall be made to the employee's dependents of the second and
third class as defined in sections 11 through 14 of this chapter, and
compensation, not exceeding five hundred (500) weeks, shall be made
to the employee's dependents of the first class as defined in sections 11
through 14 of this chapter. When an employee has been awarded or is
entitled to an award of compensation for a definite period from an
occupational disease wherein disablement occurs on and after April 1,
1963, and such employee dies from other causes than such
occupational disease, payment of the unpaid balance of such
compensation not exceeding three hundred fifty (350) weeks shall be
paid to the employee's dependents of the second and third class as
defined in sections 11 through 14 of this chapter and compensation, not
exceeding five hundred (500) weeks shall be made to the employee's
dependents of the first class as defined in sections 11 through 14 of this
chapter.
(o) Any payment made by the employer to the employee during the
period of the employee's disability, or to the employee's dependents,
which, by the terms of this chapter, was not due and payable when
made, may, subject to the approval of the worker's compensation board,
be deducted from the amount to be paid as compensation, but such
deduction shall be made from the distal end of the period during which
compensation must be paid, except in cases of temporary disability.
(p) When so provided in the compensation agreement or in the
award of the worker's compensation board, compensation may be paid
semimonthly, or monthly, instead of weekly.
(q) When the aggregate payments of compensation awarded by
agreement or upon hearing to an employee or dependent under eighteen
(18) years of age do not exceed one hundred dollars ($100), the
payment thereof may be made directly to such employee or dependent,
except when the worker's compensation board shall order otherwise.
Whenever the aggregate payments of compensation, due to any
person under eighteen (18) years of age, exceed one hundred dollars
($100), the payment thereof shall be made to a trustee, appointed by the
circuit or superior court, or to a duly qualified guardian, or, upon the
order of the worker's compensation board, to a parent or to such minor
person. The payment of compensation, due to any person eighteen (18)
years of age or over, may be made directly to such person.
(r) If an employee, or a dependent, is mentally incompetent, or a
minor at the time when any right or privilege accrues to the employee
under this chapter, the employee's guardian or trustee may, in the
employee's behalf, claim and exercise such right and privilege.
(s) All compensation payments named and provided for in this
section, shall mean and be defined to be for only such occupational
diseases and disabilities therefrom as are proved by competent
evidence, of which there are or have been objective conditions or
symptoms proven, not within the physical or mental control of the
employee himself.
SECTION 29.
IC 24-3-4-17
, AS ADDED BY P.L.21-2000,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 17. A person who:
(1) knowingly sells, distributes, or transports more than twelve
thousand (12,000) cigarettes in violation of section 8 or 9 of this
chapter; and
(2) has previously been convicted of an offense under section 8 or
9 15 or 16 of this chapter;
commits a Class D felony.
SECTION 30.
IC 25-4-1-29
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 29. (a) Except as
hereinafter otherwise provided, the state of Indiana, nor any board,
department or agency thereof, nor any county, city, town, township,
school corporations, or other political subdivision of this state shall
engage in the construction, alteration, or maintenance of any public
building or public work involving the practice of architecture for which
plans, specifications and estimates have not been prepared, certified,
and sealed by, and the construction, alteration, or maintenance
executed under the direct supervision of an architect, which architect
shall be the holder in good standing of a certificate of registration from
the board of registration for architects and landscape architects
entitling him to practice architecture in this state.
(b) No official of this state, nor of any city, town, county, township,
or school corporation thereof, charged with the enforcement of any law,
ordinance, or rule relating to the construction or alteration of buildings
or structures, shall use or accept or approve any plans or specifications
that have not been prepared by, or under the supervision of, and
certified by a registered architect. This subsection shall not apply if
such plans or specifications have been prepared by, or under the
supervision of and certified by a professional engineer who is
registered under the laws of the state of Indiana. This subsection shall
not apply to the construction or alteration of any building or structures
specifically exempted from the rules of the fire prevention and building
safety commission or specifically exempted from the fire prevention
and building safety commission requirements for preparation of such
plans and specifications by registered architects or registered
engineers. This section shall not be construed as to abridge, or
otherwise affect, the powers of the fire prevention and building safety
commission, or any other state board or department, to issue rules
governing the safety of buildings or structures.
SECTION 31.
IC 25-4-2-10
, AS AMENDED BY P.L.82-2000,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 10. (a) Any person who:
(1) renders or offers to render services to the public, if the words
"landscape architecture" or "registered landscape architecture" are
used to describe these services;
(2) uses the title "registered landscape architect" or "landscape
architect"; or
(3) engages in the practice of landscape architecture described in
IC 25-4-2-1; section 1 of this chapter;
without a current registration issued under this chapter commits a Class
B infraction. A person who affixes a registered landscape architect's
seal to a plan, specification, or drawing that has not been prepared by
a currently registered landscape architect or under the immediate
supervision of a currently registered landscape architect commits a
Class B infraction.
(b) Each day a violation described in this section continues to occur
constitutes a separate offense.
(c) The board may appear in its own name in the courts of the state
and apply for injunctions to prevent violations of this chapter.
SECTION 32.
IC 26-2-8-103
, AS ADDED BY P.L.62-2000,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 103. (a) Except as otherwise provided in
subsection (b), this chapter applies to electronic records and electronic
signatures that relate to a transaction.
(b) This chapter does not apply to transactions subject to the
following laws:
(1) A law governing the creation and execution of wills, codicils,
or testamentary trusts.
(2)
IC 26-1-1
, other than
IC 26-1-1-107
and
IC 26-1-1-206.
(3)
IC 26-1-2
,
IC 26-1-2.1
,
IC 26-1-3.1
,
IC 26-1-4
,
IC 26-1-4.1.
IC 26-1-5.1,
IC 26-1-6.1
,
IC 26-1-7
,
IC 26-1-8.1
, or IC 26-1-9.
IC 26-1-9.1.
(4) Laws specifically excluded by a governmental agency under
sections 201 and 202 of this chapter.
(c) This chapter applies to an electronic record or electronic
signature otherwise excluded from the application of this chapter under
subsection (b) when used for transactions subject to a law other than
those specified in subsection (b).
(d) A transaction subject to this chapter is also subject to other
applicable substantive law.
equivalent records and writings under IC 26-1.
(f) If requested by the person against whom enforcement is sought,
the person seeking to enforce the transferable record shall provide
reasonable proof that the person is in control of the transferable record.
This proof may include access to the authoritative copy of the
transferable record and related business records sufficient to review the
terms of the transferable record and establish the identity of the person
in control of the transferable record.
SECTION 34.
IC 27-8-10-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) The
definitions in this section apply throughout this chapter.
(b) "Association" means the Indiana comprehensive health
insurance association established under section 2.1 of this chapter.
(c) "Association policy" means a policy issued by the association
that provides coverage specified in section 3 of this chapter. The term
does not include a Medicare supplement policy that is issued under
section 9 of this chapter.
(d) "Carrier" means an insurer providing medical, hospital, or
surgical expense incurred health insurance policies.
(e) "Church plan" means a plan defined in the federal Employee
Retirement Income Security Act of 1974 under 26 U.S.C. 414(e).
(f) "Commissioner" refers to the insurance commissioner.
(g) "Creditable coverage" has the meaning set forth in the federal
Health Insurance Portability and Accountability Act of 1996 (26 U.S.C.
9801(c)(1)).
(h) "Eligible expenses" means those charges for health care services
and articles provided for in section 3 of this chapter.
(i) "Federally eligible individual" means an individual:
(1) for whom, as of the date on which the individual seeks
coverage under this chapter, the aggregate period of creditable
coverage is at least eighteen (18) months and whose most recent
prior creditable coverage was under a:
(A) group health plan;
(B) governmental plan; or
(C) church plan;
or health insurance coverage in connection with any of these
plans;
(2) who is not eligible for coverage under:
(A) a group health plan;
(B) Part A or Part B of Title XVIII of the federal Social
Security Act; or
(C) a state plan under Title XIX of the federal Social Security
Act (or any successor program);
and does not have other health insurance coverage;
(3) with respect to whom the individual's most recent coverage
was not terminated for factors relating to nonpayment of
premiums or fraud;
(4) who, if after being offered the option of continuation coverage
under the Consolidated Omnibus Budget Reconciliation Act of
1985 (COBRA) (29 U.S.C. 1191b(d)(1)), or under a similar state
program, elected such coverage; and
(5) who, if after electing continuation coverage described in
subdivision (4), has exhausted continuation coverage under the
provision or program.
(j) "Governmental plan" means a plan as defined under the federal
Employee Retirement Income Security Act of 1974 (26 U.S.C. 414(d))
and any plan established or maintained for its employees by the United
States government or by any agency or instrumentality of the United
States government.
(k) "Group health plan" means an employee welfare benefit plan (as
defined in 29 U.S.C. 1167(1)) to the extent that the plan provides
medical care payments to, or on behalf of, employees or their
dependents, as defined under the terms of the plan, directly or through
insurance, reimbursement, or otherwise.
(l) "Health care facility" means any institution providing health care
services that is licensed in this state, including institutions engaged
principally in providing services for health maintenance organizations
or for the diagnosis or treatment of human disease, pain, injury,
deformity, or physical condition, including a general hospital, special
hospital, mental hospital, public health center, diagnostic center,
treatment center, rehabilitation center, extended care facility, skilled
nursing home, nursing home, intermediate care facility, tuberculosis
hospital, chronic disease hospital, maternity hospital, outpatient clinic,
home health care agency, bioanalytical laboratory, or central services
facility servicing one (1) or more such institutions.
(m) "Health care institutions" means skilled nursing facilities, home
health agencies, and hospitals.
(n) "Health care provider" means any physician, hospital,
pharmacist, or other person who is licensed in Indiana to furnish health
care services.
(o) "Health care services" means any services or products included
in the furnishing to any individual of medical care, dental care, or
hospitalization, or incident to the furnishing of such care or
hospitalization, as well as the furnishing to any person of any other
services or products for the purpose of preventing, alleviating, curing,
or healing human illness or injury.
(p) "Health insurance" means hospital, surgical, and medical
expense incurred policies, nonprofit service plan contracts, health
maintenance organizations, limited service health maintenance
organizations, and self-insured plans. However, the term "health
insurance" does not include short term travel accident policies,
accident only policies, fixed indemnity policies, automobile medical
payment, or incidental coverage issued with or as a supplement to
liability insurance.
(q) "Insured" means all individuals who are provided qualified
comprehensive health insurance coverage under an individual policy,
including all dependents and other insured persons, if any.
(r) "Medicaid" means medical assistance provided by the state under
the Medicaid program under IC 12-15.
(s) "Medical care payment" means amounts paid for:
(1) the diagnosis, care, mitigation, treatment, or prevention of
disease or amounts paid for the purpose of affecting any structure
or function of the body;
(2) transportation primarily for and essential to Medicare services
referred to in subdivision (1); and
(3) insurance covering medical care referred to in subdivisions (1)
and (2).
(t) "Medically necessary" means health care services that the
association has determined:
(1) are recommended by a legally qualified physician;
(2) are commonly and customarily recognized throughout the
physician's profession as appropriate in the treatment of the
patient's diagnosed illness; and
(3) are not primarily for the scholastic education or vocational
training of the provider or patient.
(u) "Medicare" means Title XVIII of the federal Social Security Act
(42 U.S.C. 1395 et seq.).
(v) "Policy" means a contract, policy, or plan of health insurance.
(w) "Policy year" means a twelve (12) month period during which
a policy provides coverage or obligates the carrier to provide health
care services.
(x) "Health maintenance organization" has the meaning set out in
IC 27-13-1-19.
(y) "Self-insurer" means an employer who provides services,
payment for, or reimbursement of any part of the cost of health care
services other than payment of insurance premiums or subscriber
charges to a carrier. However, the term "self-insurer" does not include
an employer who is exempt from state insurance regulation by federal
law, or an employer who is a political subdivision of the state of
Indiana.
(z) "Services of a skilled nursing facility" means services that must
commence within fourteen (14) days following a confinement of at
least three (3) consecutive days in a hospital for the same condition.
(a) (aa) "Skilled nursing facility", "home health agency", "hospital",
and "home health services" have the meanings assigned to them in 42
U.S.C. 1395x.
(b) (bb) "Medicare supplement policy" means an individual policy
of accident and sickness insurance that is designed primarily as a
supplement to reimbursements under Medicare for the hospital,
medical, and surgical expenses of individuals who are eligible for
Medicare benefits.
(c) (cc) "Limited service health maintenance organization" has the
meaning set forth in
IC 27-13-34-4.
SECTION 35.
IC 27-13-7-17
, AS ADDED BY P.L.54-2000,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 17. (a) As used in this section, "colorectal
cancer testing" means examinations and laboratory tests for cancer for
any nonsymptomatic enrollee, in accordance with the current American
Cancer Society guidelines.
(b) Except as provided in subsection (e), a health maintenance
organization issued a certificate of authority in Indiana shall provide
colorectal cancer testing as a covered service under every group
contract that provides coverage for basic health care services.
(c) For an enrollee who is:
(1) at least fifty (50) years of age; or
(2) less than fifty (50) years of age and at high risk for colorectal
cancer according to the most recent published guidelines of the
American Cancer Society;
the colorectal cancer testing required under this section must meet the
requirements set forth in subsection (d).
(d) An enrollee may not be required to pay a copayment for the
colorectal cancer examination and laboratory testing benefit that is
greater than a copayment established for similar benefits under a group
contract. If the group contract does not cover a similar covered service,
the copayment may not be set at a level that materially diminishes the
value of the colorectal cancer examination and laboratory testing
benefit required under this section.
(e) In the case of coverage that is not employer based, the health
maintenance organization is required only to offer to provide the
colorectal cancer testing described in subsections (b) through (f) (d) as
a covered service under a proposed group contract providing coverage
for basic health care services.
SECTION 36.
IC 33-19-5-2
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) Except as
provided in subsections (d) and (e), for each action that results in a
judgment:
(1) for a violation constituting an infraction; or
(2) for a violation of an ordinance of a municipal corporation (as
defined in
IC 36-1-2-10
);
the clerk shall collect from the defendant an infraction or ordinance
violation costs fee of seventy dollars ($70).
(b) In addition to the infraction or ordinance violation costs fee
collected under this section, the clerk shall collect from the defendant
the following fees if they are required under
IC 33-19-6
:
(1) A document fee (IC 33-19-6-1,
IC 33-19-6-2
,
IC 33-19-6-3
).
(2) An alcohol and drug services program user fee
(IC 33-19-6-7(b)).
(3) A law enforcement continuing education program fee
(IC 33-19-6-7(c)).
(4) An alcohol and drug countermeasures fee (IC 33-19-6-10).
(5) A highway work zone fee (IC 33-19-6-14).
(6) A deferred prosecution fee (IC 33-19-6-16.2).
(7) A jury fee (IC 33-19-6-17).
(c) The clerk shall transfer to the county auditor or fiscal officer of
the municipal corporation the following fees, within thirty (30) days
after they are collected, for deposit by the auditor or fiscal officer in the
user fee fund established under
IC 33-19-8
:
(1) The alcohol and drug services program user fee.
(2) The law enforcement continuing education program fee.
(3) The deferral program fee.
(d) The defendant is not liable for any ordinance violation costs fee
in an action in which:
(1) the defendant was charged with an ordinance violation subject
to
IC 33-6-3
;
(2) the defendant denied the violation under
IC 33-6-3-2
;
(3) proceedings in court against the defendant were initiated
under
IC 34-28-5
(or
IC 34-4-32
before its repeal); and
(4) the defendant was tried and the court entered judgment for the
defendant for the violation.
(e) Instead of the infraction or ordinance violation costs fee
prescribed by subsection (a), the clerk shall collect a deferral program
fee if an agreement between a prosecuting attorney or an attorney for
a municipal corporation and the person charged with a violation
entered into under
IC 34-28-5-1
(or
IC 34-4-32-1
before its repeal)
requires payment of those fees by the person charged with the
violation. The deferral program fee is:
(1) an initial user's fee not to exceed fifty-two dollars ($52); and
(2) a monthly user's fee not to exceed ten dollars ($10) for each
month the person remains in the deferral program.
SECTION 37.
IC 35-33-8-3.2
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3.2. (a) A court
may admit a defendant to bail and impose any of the following
conditions to assure the defendant's appearance at any stage of the legal
proceedings, or, upon a showing of clear and convincing evidence that
the defendant poses a risk of physical danger to another person or the
community, to assure the public's physical safety:
(1) Require the defendant to:
(A) execute a bail bond with sufficient solvent sureties;
(B) deposit cash or securities in an amount equal to the bail;
(C) execute a bond secured by real estate in the county, where
thirty-three hundredths (0.33) of the true tax value less
encumbrances is at least equal to the amount of the bail;
(D) post a real estate bond.
The defendant must also pay the fee required by subsection (d).
(2) Require the defendant to execute a bail bond by depositing
cash or securities with the clerk of the court in an amount not less
than ten percent (10%) of the bail. If the defendant is convicted,
the court may retain all or a part of the cash or securities to pay
fines, costs, fees, and restitution, if ordered by the court. A portion
of the deposit, not to exceed ten percent (10%) of the monetary
value of the deposit or fifty dollars ($50), whichever is the lesser
amount, may be retained as an administrative fee. The clerk shall
also retain from the deposit under this subdivision the following:
(A) The fee required by subsection (d).
(B) (A) Fines, costs, fees, and restitution as ordered by the
court.
(C) (B) Publicly paid costs of representation that shall be
disposed of in accordance with subsection (b).
(D) (C) In the event of the posting of a real estate bond, the
bond shall be used only to insure the presence of the defendant
at any stage of the legal proceedings, but shall not be
foreclosed for the payment of fines, costs, fees, or restitution.
subsection (a)(2).
The clerk of the court shall semiannually remit these fees to the board
of trustees of the public employees' retirement fund for deposit into the
special death benefit fund. The fee required by subdivision (2) is in
addition to the administrative fee retained under subsection (a)(2). This
subsection expires December 31, 1998.
(e) (d) With the approval of the clerk of the court, the county sheriff
may collect the bail and fees required by subsection (d). posted under
this section. The county sheriff shall remit the bail to the clerk of the
court by the following business day. and remit monthly the five dollar
($5) special death benefit fee to the county auditor.
(f) (e) When a court imposes a condition of bail described in
subsection (a)(4):
(1) the clerk of the court shall comply with
IC 5-2-9
; and
(2) the prosecuting attorney shall file a confidential form
prescribed or approved by the division of state court
administration with the clerk.
SECTION 38.
IC 35-46-1-10
, AS AMENDED BY P.L.177-1999,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 10. (a) A person who knowingly sells or
distributes tobacco to a person less than eighteen (18) years of age
commits a Class C infraction. For a sale to take place under this
section, the buyer must pay the seller for the tobacco product.
(b) It is not a defense that the person to whom the tobacco was sold
or distributed did not smoke, chew, or otherwise consume the tobacco.
(c) The following defenses are available to a person accused of
selling or distributing tobacco to a person who is less than eighteen
(18) years of age:
(1) The buyer or recipient produced a driver's license bearing the
purchaser's or recipient's photograph, showing that the purchaser
or recipient was of legal age to make the purchase.
(2) The buyer or recipient produced a photographic identification
card issued under
IC 9-24-16-1
, or a similar card issued under the
laws of another state or the federal government, showing that the
purchaser or recipient was of legal age to make the purchase.
(3) The appearance of the purchaser or recipient was such that an
ordinary prudent person would believe that the purchaser or
recipient was not less than the age that complies with regulations
promulgated by the federal Food and Drug Administration.
(d) It is a defense that the accused person sold or delivered the
tobacco to a person who acted in the ordinary course of employment or
a business concerning tobacco:
violation of this section more than once every twenty-four (24) hours
for each specific business location.
(b) It is not a defense that the person to whom the tobacco was sold
or distributed did not smoke, chew, or otherwise consume the tobacco.
(c) The following defenses are available to a retail establishment
accused of selling or distributing tobacco to a person who is less than
eighteen (18) years of age:
(1) The buyer or recipient produced a driver's license bearing the
purchaser's or recipient's photograph showing that the purchaser
or recipient was of legal age to make the purchase.
(2) The buyer or recipient produced a photographic identification
card issued under
IC 9-24-16-1
or a similar card issued under the
laws of another state or the federal government showing that the
purchaser or recipient was of legal age to make the purchase.
(3) The appearance of the purchaser or recipient was such that an
ordinary prudent person would believe that the purchaser or
recipient was not less than the age that complies with regulations
promulgated by the federal Food and Drug Administration.
(d) It is a defense that the accused retail establishment sold or
delivered the tobacco to a person who acted in the ordinary course of
employment or a business concerning tobacco:
(1) agriculture;
(2) processing;
(3) transporting;
(4) wholesaling; or
(5) retailing.
(e) As used in this section, "distribute" means to give tobacco to
another person as a means of promoting, advertising, or marketing the
tobacco to the general public.
(f) Unless a person buys or receives tobacco under the direction of
a law enforcement officer as part of an enforcement action, a retail
establishment that sells or distributes tobacco is not liable for a
violation of this section unless the person less than eighteen (18) years
of age who bought or received the tobacco is issued a citation or
summons under section 10.5 of this chapter.
(g) Notwithstanding IC 34-28-5-4(c),
IC 34-28-5-5
(c), civil
penalties collected under this section must be deposited in the youth
tobacco education and enforcement fund (IC 7.1-6-2-6).
SECTION 40.
IC 35-46-1-11.3
, AS AMENDED BY P.L.177-1999,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 11.3. (a) This section does not apply to
advertisements that are less than fourteen (14) square feet and posted:
establishment may not:
(1) distribute or sell tobacco by use of a coin machine; or
(2) install or maintain a coin machine that is intended to be used
for the sale or distribution of tobacco.
(d) An owner of a retail establishment who violates this section
commits a Class C infraction. A citation or summons issued under this
section must provide notice that the coin machine must be moved
within two (2) business days. Notwithstanding
IC 34-28-5-4
(c), a civil
judgment for an infraction committed under this section must be
imposed as follows:
(1) If the owner of the retail establishment has not been issued a
citation or summons for a violation of this section in the previous
ninety (90) days, a civil penalty of fifty dollars ($50).
(2) If the owner of the retail establishment has had one (1) citation
or summons issued for a violation of this section in the previous
ninety (90) days, a civil penalty of two hundred fifty dollars
($250).
(3) If the owner of the retail establishment has had two (2)
citations or summonses issued for a violation of this section in the
previous ninety (90) days for the same machine, the coin machine
shall be removed or impounded by a law enforcement officer
having jurisdiction where the violation occurs.
An owner of a retail establishment may not be issued a citation or
summons for a violation of this section more than once every two (2)
business days for each business location.
(e) Notwithstanding IC 34-28-5-4(c),
IC 34-28-5-5
(c), civil
penalties collected under this section must be deposited in the youth
tobacco education and enforcement fund established under
IC 7.1-6-2-6.
SECTION 42.
IC 35-46-1-11.7
, AS AMENDED BY P.L.14-2000,
SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 11.7. (a) A retail establishment that has as its
primary purpose the sale of tobacco products may not allow an
individual who is less than eighteen (18) years of age to enter the retail
establishment.
(b) An individual who is less than eighteen (18) years of age may
not enter a retail establishment described in subsection (a).
(c) A retail establishment described in subsection (a) must
conspicuously post on all entrances to the retail establishment a sign in
boldface type that states "NOTICE: It is unlawful for a person less than
18 years old to enter this store.".
(d) A person who violates this section commits a Class C infraction.
Notwithstanding
IC 34-28-5-4
(c), a civil judgment for an infraction
committed under this section must be imposed as follows:
(1) If the person has not been cited for a violation of this section
in the previous ninety (90) days, a civil penalty of fifty dollars
($50).
(2) If the person has had one (1) violation in the previous ninety
(90) days, a civil penalty of one hundred dollars ($100).
(3) If the person has had two (2) violations in the previous ninety
(90) days, a civil penalty of two hundred fifty dollars ($250).
(4) If the person has had three (3) or more violations in the
previous ninety (90) days, a civil penalty of five hundred dollars
($500).
A person may not be cited more than once every twenty-four (24)
hours.
(e) Notwithstanding IC 34-28-5-4(c),
IC 34-28-5-5
(c), civil
penalties collected under this section must be deposited in the youth
tobacco education and enforcement fund established under
IC 7.1-6-2-6.
SECTION 43.
IC 35-46-1-15.1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 15.1. (a) A person
who knowingly or intentionally violates:
(1) a protective order issued under:
(A)
IC 34-26-2-12
(1)(A) (or
IC 34-4-5.1-5
(a)(1)(A) before its
repeal);
(B)
IC 34-26-2-12
(1)(B) (or
IC 34-4-5.1-5
(a)(1)(B) before its
repeal); or
(C)
IC 34-26-2-12
(1)(C) (or
IC 34-4-5.1-5
(a)(1)(C) before its
repeal);
that orders the respondent to refrain from abusing, harassing, or
disturbing the peace of the petitioner;
(2) an emergency protective order issued under
IC 34-26-2-6
(1),
IC 34-26-2-6
(2),
IC 34-26-2-6
(3), (or
IC 34-4-5.1-2.3
(a)(1)(A),
IC 34-4-5.1-2.3
(a)(1)(B), or
IC 34-4-5.1-2.3
(a)(1)(C) before their
repeal) that orders the respondent to refrain from abusing,
harassing, or disturbing the peace of the petitioner;
(3) a temporary restraining order issued under
IC 31-15-4-3
(2) or
IC 31-15-4-3
(3) IC 31-16-4-2(a)(2), or IC 31-16-4-2(a)(3) (or
IC 31-1-11.5-7
(b)(2), or
IC 31-1-11.5-7
(b)(3),
IC 31-16-4-2
(a)(2), or
IC 31-16-4-2
(a)(3) before their repeal)
that orders the respondent to refrain from abusing, harassing, or
disturbing the peace of the petitioner;
(4) an order in a dispositional decree issued under
IC 31-34-20-1
,
IC 31-37-19-1
, or
IC 31-37-19-5
(or
IC 31-6-4-15.4
or
IC 31-6-4-15.9
before their repeal) or an order issued under
IC 31-32-13
(or
IC 31-6-7-14
before its repeal) that orders the
person to refrain from direct or indirect contact with a child in
need of services or a delinquent child;
(5) an order issued as a condition of pretrial release or pretrial
diversion that orders the person to refrain from any direct or
indirect contact with another person;
(6) an order issued as a condition of probation that orders the
person to refrain from any direct or indirect contact with another
person;
(7) a protective order issued under
IC 31-15-5
or IC 31-16-5 (or
IC 31-16-5
or
IC 31-1-11.5-8.2
before its their repeal) that orders
the respondent to refrain from abusing, harassing, or disturbing
the peace of the petitioner;
(8) a protective order issued under
IC 31-14-16
in a paternity
action;
(9) a protective order issued under
IC 31-34-17
in a child in need
of services proceeding or under
IC 31-37-16
in a juvenile
delinquency proceeding that orders the respondent to refrain from
having direct or indirect contact with a child; or
(10) an order issued in a state other than Indiana that is
substantially similar to an order described in subdivisions (1)
through (9);
commits invasion of privacy, a Class B misdemeanor. However, the
offense is a Class A misdemeanor if the person has a prior unrelated
conviction for an offense under this section.
(b) In addition to any other penalty imposed for conviction of a
Class A misdemeanor under this section, if the violation of the
protective order results in bodily injury to the petitioner, the court shall
order the defendant to be imprisoned for five (5) days. A five (5) day
sentence under this subsection may not be suspended. The court may
require the defendant to serve the five (5) day term of imprisonment in
an appropriate facility at whatever time or intervals, consecutive or
intermittent, the court determines to be appropriate. However:
(1) at least forty-eight (48) hours of the sentence must be served
consecutively; and
(2) the entire five (5) day sentence must be served within six (6)
months after the date of sentencing.
(c) Notwithstanding
IC 35-50-6
, a person does not earn credit time
while serving a five (5) day sentence under subsection (b).
SECTION 44.
IC 36-8-7-26
, AS AMENDED BY P.L.118-2000,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 26. (a) As used in this section, "dies in the
line of duty" has the meaning set forth in section 12.3 section 12.4 of
this chapter.
(b) A special death benefit of seventy-five thousand dollars
($75,000) for a fund member who dies in the line of duty before
January 1, 1998, and one hundred fifty thousand dollars ($150,000) for
a fund member who dies in the line of duty after December 31, 1997,
shall be paid in a lump sum by the public employees' retirement fund
from the pension relief fund established under
IC 5-10.3-11
to the
following relative of a fund member who dies in the line of duty:
(1) To the surviving spouse.
(2) If there is no surviving spouse, to the surviving children (to be
shared equally).
(3) If there is no surviving spouse and there are no surviving
children, to the parent or parents in equal shares.
(c) The benefit provided by this section is in addition to any other
benefits provided under this chapter.
SECTION 45.
IC 36-8-7.5-13.6
, AS ADDED BY P.L.118-2000,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 13.6. (a) This section applies to an active or
retired member who dies other than in the line of duty (as defined in
section 14.1 of this chapter).
(b) The 1953 fund shall be used to pay an annuity, computed under
subsection (g) and payable in monthly installments, to the surviving
spouse of a member of the fund who dies from any cause after having
served for one (1) year or more. The annuity continues during the life
of the surviving spouse unless the spouse remarried before September
1, 1983. If the spouse remarried before September 1, 1983, benefits
ceased on the date of remarriage. If a member of the fund died, but not
in the line of duty, and the member's surviving spouse remarried before
September 1, 1983, the benefits of the surviving spouse shall be
reinstated on July 1, 1997, and continue during the life of the surviving
spouse.
(c) The 1953 fund shall also be used to pay an annuity equal to
twenty percent (20%) of the salary of a first class patrolman on the
police department, computed as provided in section 12(b) of this
chapter and payable in monthly installments, to each dependent child
of a member of the fund who dies from any cause after having served
for one (1) year or more as an active member of the police department.
The pension to each child continues:
(1) until the child becomes eighteen (18) years of age;
deceased member was receiving or was entitled to receive on
the date of the member's death.
However, if the deceased member was not entitled to a benefit because
the member had not completed twenty (20) years of service, for the
purposes of computing the amount under subdivision (2)(B) the
member's benefit is considered to be fifty percent (50%) of the monthly
salary of a first class patrolman. The amount provided in this
subdivision is subject to adjustment as provided in subsection (f).
SECTION 46.
IC 36-8-7.5-13.7
, AS ADDED BY P.L.118-2000,
SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 13.7. (a) This section applies to a member
who died in the line of duty (as defined in section 14.1 of this chapter)
before September 1, 1982.
(b) The 1953 fund shall be used to pay an annuity, computed under
subsection (g) and payable in monthly installments, to the surviving
spouse of a member. The annuity continues during the life of the
surviving spouse unless the spouse remarried before September 1,
1983. If the spouse remarried before September 1, 1983, benefits
ceased on the date of remarriage. If a member of the fund died, but not
in the line of duty, and the member's surviving spouse remarried before
September 1, 1983, the benefits of the surviving spouse shall be
reinstated on July 1, 1997, and continue during the life of the surviving
spouse.
(c) The 1953 fund shall also be used to pay an annuity equal to
twenty percent (20%) of the salary of a first class patrolman on the
police department, computed as provided in section 12(b) of this
chapter and payable in monthly installments, to each dependent child
of a member of the fund who dies from any cause while in the actual
discharge of duties as a police officer. The pension to each child
continues:
(1) until the child becomes eighteen (18) years of age;
(2) until the child becomes twenty-three (23) years of age if the
child is enrolled in and regularly attending a secondary school or
is a full-time student at an accredited college or university; or
(3) during the entire period of the child's physical or mental
disability;
whichever period is longer. longest. However, the pension to the child
ceases if the child marries or is legally adopted by any person.
(d) If a deceased member leaves no surviving spouse and no child
who qualifies for a benefit under subsection (c) but does leave a
dependent parent or parents, the 1953 fund shall be used to pay an
annuity not greater than a sum equal to twenty percent (20%) of the
salary of a first class patrolman on the police department, computed
and payable as provided in section 12(b) of this chapter, payable
monthly to the dependent parent or parents of a member of the police
department. The annuity continues for the remainder of the life or lives
of the parent or parents as long as either or both fail to have sufficient
other income for their proper care, maintenance, and support.
(e) In all cases of payment to a dependent relative of a deceased
member, the local board is the final judge of the question of necessity
and dependency and of the amount within the stated limits to be paid.
The local board may also reduce or terminate temporarily or
permanently a payment to a dependent relative of a deceased member
when it determines that the condition of the 1953 fund or other
circumstances make this action necessary.
(f) If the salary of a first class patrolman is increased or decreased,
the pension payable under this section shall be proportionately
increased or decreased. However, the monthly pension payable to a
member or survivor may not be reduced below the amount of the first
full monthly pension received by that person.
(g) The annuity payable under subsection (b) equals thirty percent
(30%) of the salary of a first class patrolman. The amount provided in
this subsection is subject to adjustment as provided in subsection (f).
SECTION 47.
IC 36-8-7.5-14.1
, AS AMENDED BY P.L.118-2000,
SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 14.1. (a) This section applies to an active
member who dies in the line of duty after August 31, 1982.
(b) If a member dies in the line of duty after August 31, 1982, the
surviving spouse is entitled to a monthly benefit, during the spouse's
lifetime, equal to the benefit to which the member would have been
entitled on the date of the member's death, but not less than fifty
percent (50%) of the monthly wage received by a first class patrolman.
If the spouse remarried before September 1, 1983, benefits ceased on
the date of remarriage. However, if a member of the police department
dies in the line of duty after August 31, 1982, and the member's
surviving spouse remarried before September 1, 1983, the benefits for
the surviving spouse shall be reinstated on July 1, 1995, and continue
during the life of the surviving spouse.
(c) The 1953 fund shall also be used to pay an annuity equal to
twenty percent (20%) of the salary of a first class patrolman on the
police department, computed as provided in section 12(b) of this
chapter and payable in monthly installments, to each dependent child
of a member of the fund who dies from any cause while in the actual
discharge of duties as a police officer. The pension to each child
continues:
(1) until the child becomes eighteen (18) years of age;
(2) until the child becomes twenty-three (23) years of age if the
child is enrolled in and regularly attending a secondary school or
is a full-time student at an accredited college or university; or
(3) during the entire period of the child's physical or mental
disability;
whichever period is longer. longest. However, the pension to the child
ceases if the child marries or is legally adopted by any person.
(d) The surviving children of the deceased member who are eligible
to receive a benefit under subsection (c) may receive an additional
benefit in an amount fixed by ordinance, but the total benefit to all the
member's children under this subsection may not exceed a total of
thirty percent (30%) of the monthly wage received by a first class
patrolman. However, this limitation does not apply to the children of
a member who are physically or mentally disabled.
(e) If a deceased member leaves no surviving spouse and no child
who qualifies for a benefit under subsection (c) but does leave a
dependent parent or parents, the 1953 fund shall be used to pay an
annuity not greater than a sum equal to twenty percent (20%) of the
salary of a first class patrolman on the police department, computed
and payable as provided in section 12(b) of this chapter, payable
monthly to the dependent parent or parents of a member of the police
department who dies from any cause while in the actual discharge of
duties as a police officer. The annuity continues for the remainder of
the life or lives of the parent or parents as long as either or both fail to
have sufficient other income for their proper care, maintenance, and
support.
(f) In all cases of payment to a dependent relative of a deceased
member, the local board is the final judge of the question of necessity
and dependency and of the amount within the stated limits to be paid.
The local board may also reduce or terminate temporarily or
permanently a payment to a dependent relative of a deceased member
when it determines that the condition of the 1953 fund or other
circumstances make this action necessary.
(g) If the salary of a first class patrolman is increased or decreased,
the pension payable under this section shall be proportionately
increased or decreased. However, the monthly pension payable to a
member or survivor may not be reduced below the amount of the first
full monthly pension received by that person.
(h) For purposes of this section, "dies in the line of duty" means
death that occurs as a direct result of personal injury or illness resulting
from any action that the member, in the member's capacity as a police
officer:
(1) is obligated or authorized by rule, regulation, condition of
employment or service, or law to perform; or
(2) performs in the course of controlling or reducing crime or
enforcing the criminal law.
SECTION 48. P.L.21-2000, SECTION 14, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: SECTION
14. (a) Notwithstanding IC 4-12-4-7,
IC 4-12-4-4
, as added by this act,
the initial terms of office of the eleven (11) members appointed by the
governor to the board of directors of the Indiana tobacco use prevention
and cessation executive board under
IC 4-12-4-4
(c)(2), as added by
this act, are as follows:
(1) Three (3) members for a term of two (2) years.
(2) Four (4) members for a term of three (3) years.
(3) Four (4) members for a term of four (4) years.
(b) The initial terms begin April 1, 2000.
(c) This SECTION expires July 1, 2005.
SECTION 49. P.L.21-2000, SECTION 15, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: SECTION
15. (a) The Indiana prescription drug advisory committee is established
to:
(1) study pharmacy benefit programs and proposals, including
programs and proposals in other states; and
(2) make initial and ongoing recommendations to the governor for
programs that address the pharmaceutical costs of low-income
senior citizens.
(b) The committee consists of eleven (11) members appointed by
the governor and four (4) legislative members. The term of each
member expires December 31, 2001. The members of the committee
appointed by the governor are as follows:
(1) A physician with a specialty in geriatrics.
(2) A pharmacist.
(3) A person with expertise in health plan administration.
(4) A representative of an area agency on aging.
(5) A consumer representative from a senior citizen advocacy
organization.
(6) A person with expertise in and knowledge of the federal
Medicare program.
(7) A health care economist.
(8) A person representing a pharmaceutical research and
manufacturing association.
prescription drug benefit for low-income senior citizens if there is a
federal statute or program providing a similar prescription drug benefit
for the benefit of low-income senior citizens.
(g) This SECTION expires December 31, 2001.
SECTION 50. P.L.140-2000, SECTION 27, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: (a) Until
October 1, 2002, the following apply to a water body designated before
October 1, 2002, as an exceptional use water:
(1) The water body is subject to the overall water quality
improvement provisions of
IC 13-18-3-2
(l), as added by this act.
(2) The water body is not subject to a standard of having its water
quality maintained and protected without degradation consistent
with the provisions of this act.
(b) Before October 1, 2002, the water pollution control board
established under
IC 13-18-1
shall:
(1) determine whether, effective October 1, 2002, to designate as
an outstanding state resource water each water designated before
October 1, 2002, as an exceptional use water under 327
IAC 2-1-11; and
(2) complete rulemaking to make any designation determined
under subdivision (1).
(c) This SECTION expires January 1, 2003.
SECTION 51. P.L.140-2000, SECTION 28, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: (a) As used
in this SECTION, "board" refers to the water pollution control board
established under
IC 13-18-1.
(b) Before October 1, 2003, the board shall establish policies and
rules to govern the implementation of total maximum daily load
requirements of Section 303(d) of the Clean Water Act, 33 U.S.C.
1313(d).
(c) Before July 1, 2000, the department shall appoint a working
group of stakeholders with respect to the implementation of total
maximum daily load requirements as described in subsection (b). The
working group shall consider and make recommendations to the
department of environmental management and the board on
identification of issues, the development of policy options, policy
adoption, and rulemaking. The working group must include
representatives from:
(1) the general public;
(2) municipalities;
(3) industry;
(4) business;