March 19, 2003





ENGROSSED

HOUSE BILL No. 1049

_____


DIGEST OF HB 1049 (Updated March 18, 2003 11:09 AM - DI 106)



Citations Affected: IC 5-2.

Synopsis: Waiver of charges for criminal record checks. Exempts area agencies on aging, community action agencies, hospice programs, and community mental health centers from paying a fee to obtain limited criminal history records.

Effective: July 1, 2003.





Frenz , Porter , Ulmer , GiaQuinta
(SENATE SPONSORS _ SKILLMAN, HUME, BREAUX, WATERMAN)




    January 7, 2003, read first time and referred to Committee on Courts and Criminal Code.
    February 3, 2003, amended, reported _ Do Pass.
    February 6, 2003, read second time, ordered engrossed. Engrossed.
    February 10, 2003, read third time, passed. Yeas 93, nays 0.

SENATE ACTION

    February 11, 2003, read first time and referred to Committee on Criminal, Civil and Public Policy.
    March 18, 2003, amended, reported favorably _ Do Pass.






March 19, 2003

First Regular Session 113th General Assembly (2003)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2002 Regular or Special Session of the General Assembly.


ENGROSSED

HOUSE BILL No. 1049



    A BILL FOR AN ACT to amend the Indiana Code concerning state and local administration.

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

SOURCE: IC 5-2-5-13; (03)EH1049.1.1. -->     SECTION 1. IC 5-2-5-13, AS AMENDED BY P.L.109-2002, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 13. (a) The department may not charge a fee for responding to a request for the release of a limited criminal history record if the request is made by a nonprofit organization:
        (1) that has been in existence for at least ten (10) years; and
        (2) that:
            (A) has a primary purpose of providing an individual relationship for a child with an adult volunteer if the request is made as part of a background investigation of a prospective adult volunteer for the organization;
            (B) is a home health agency licensed under IC 16-27-1;
            (C) is a community mental retardation and other developmental disabilities center (as defined in IC 12-7-2-39); or
            (D) is a supervised group living facility licensed under IC 12-28-5;
             (E) is an area agency on aging designated under IC 12-10-1;
            (F) is a community action agency (as defined in IC 12-14-23-2);
            (G) is the owner or operator of a hospice program licensed under IC 16-25-3; or
            (H) is a community mental health center (as defined in IC 12-7-2-38).

    (b) The department may not charge a fee for responding to a request for the release of a limited criminal history record made by the division of family and children or a county office of family and children if the request is made as part of a background investigation of an applicant for a license under IC 12-17.2 or IC 12-17.4.
    (c) The department may not charge a fee for responding to a request for the release of a limited criminal history if the request is made by a school corporation, special education cooperative, or non-public school (as defined in IC 20-10.1-1-3) as part of a background investigation of an employee or adult volunteer for the school corporation, special education cooperative, or non-public school.