Introduced Version
HOUSE BILL No. 1398
_____
DIGEST OF INTRODUCED BILL
Citations Affected: Numerous provisions throughout the Indiana
Code.
Synopsis: Technical corrections. Corrects various technical problems
in the Indiana Code and in noncode provisions.
Effective: Upon passage; July 1, 2005.
Foley, Behning, Kuzman
January 13, 2005, read first time and referred to Committee on Judiciary.
Introduced
First Regular Session 114th General Assembly (2005)
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 2004 Regular Session of the General Assembly.
HOUSE BILL No. 1398
A BILL FOR AN ACT to amend the Indiana Code concerning
technical corrections.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 1-2-3-6; (05)IN1398.1.1. -->
SECTION 1. IC 1-2-3-6 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 6. A state flag, when it is in
such condition that it is no longer a fitting emblem for display, should
be destroyed using the same method provided for the retiring and
disposing of the flag of the United States under 36 U.S.C. 176. 4
U.S.C. 8(k).
SOURCE: IC 3-8-1-33; (05)IN1398.1.2. -->
SECTION 2. IC 3-8-1-33, AS AMENDED BY P.L.14-2004,
SECTION 52, AND AS AMENDED BY P.L.98-2004, SECTION 31,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 33. (a) A candidate for an
office listed in subsection (b) must file a statement of economic
interests.
(b) Whenever a candidate for any of the following offices is also
required to file a declaration of candidacy or is nominated by petition,
the candidate shall file a statement of economic interests before filing
the declaration of candidacy or declaration of intent to be a write-in
candidate, before the petition of nomination is filed, before the
certificate of nomination is filed, or before being appointed to fill a
candidate vacancy under IC 3-13-1 or IC 3-13-2:
(1) Governor, lieutenant governor, secretary of state, auditor of
state, treasurer of state, attorney general, and state superintendent
of public instruction, in accordance with IC 4-2-6-8.
(2) Senator and representative in the general assembly, in
accordance with IC 2-2.1-3-2.
(3) Justice of the supreme court, clerk of the supreme court, judge
of the court of appeals, judge of the tax court, judge of a circuit
court, judge of a superior court, judge of a county court, judge of
a probate court, and prosecuting attorney, in accordance with
IC 33-23-11-14 and IC 33-23-11-15.
SOURCE: IC 3-11-1.5-35; (05)IN1398.1.3. -->
SECTION 3. IC 3-11-1.5-35 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 35. (a) This section
applies to a county that has a precinct that crosses a boundary in
violation of section 4(5), 4(4), 4(6), 4(5), or 4(7) 4(6) of this chapter.
(b) Notwithstanding section 25 of this chapter, if the county does
not issue a precinct establishment order that establishes precincts in
compliance with section 4(5), 4(4), 4(6), 4(5), and 4(7) 4(6) of this
chapter by the January 31 following the last effective date described in
section 25(2) of this chapter, the commission may issue an order
establishing precincts as provided under subsection (c).
(c) An order issued by the commission under this section must
comply with section 4(5), 4(4), 4(6), 4(5), and 4(7) 4(6) of this chapter.
(d) The co-directors shall send a copy of the commission's order to
the office.
SOURCE: IC 3-11-2-12; (05)IN1398.1.4. -->
SECTION 4. IC 3-11-2-12, AS AMENDED BY P.L.14-2004,
SECTION 98, AND AS AMENDED BY P.L.98-2004, SECTION 37,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 12. The following offices shall
be placed on the general election ballot in the following order:
(1) Federal and state offices:
(A) President and Vice President of the United States.
(B) United States Senator.
(C) Governor and lieutenant governor.
(D) Secretary of state.
(E) Auditor of state.
(F) Treasurer of state.
(G) Attorney general.
(H) Superintendent of public instruction.
(I) Clerk of the supreme court.
(J) (I) United States Representative.
(2) Legislative offices:
(A) State senator.
(B) State representative.
(3) Circuit offices and county judicial offices:
(A) Judge of the circuit court, and unless otherwise specified
under IC 33, with each division separate if there is more than
one (1) judge of the circuit court.
(B) Judge of the superior court, and unless otherwise specified
under IC 33, with each division separate if there is more than
one (1) judge of the superior court.
(C) Judge of the probate court.
(D) Judge of the county court, with each division separate, as
required by IC 33-30-3-3.
(E) Prosecuting attorney.
(F) Clerk of the circuit court.
(4) County offices:
(A) County auditor.
(B) County recorder.
(C) County treasurer.
(D) County sheriff.
(E) County coroner.
(F) County surveyor.
(G) County assessor.
(H) County commissioner.
(I) County council member.
(5) Township offices:
(A) Township assessor.
(B) Township trustee.
(C) Township board member.
(D) Judge of the small claims court.
(E) Constable of the small claims court.
(6) City offices:
(A) Mayor.
(B) Clerk or clerk-treasurer.
(C) Judge of the city court.
(D) City-county council member or common council member.
(7) Town offices:
(A) Clerk-treasurer.
(B) Judge of the town court.
(C) Town council member.
SOURCE: IC 3-13-2-8; (05)IN1398.1.5. -->
SECTION 5. IC 3-13-2-8 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 8. (a) The chairman or
chairmen filling a candidate vacancy under this chapter shall
immediately file a written certificate of candidate selection on a form
prescribed by the commission stating the following information for
each candidate selected:
(1) The name of each candidate as:
(A) the candidate wants the candidate's name to appear on the
ballot; and
(B) the candidate's name is permitted to appear on the ballot
under IC 3-5-7.
(2) The residence address of each candidate.
(b) The certificate shall be filed with:
(1) the election division for:
(A) one (1) or more chairmen acting under section 2, 3, 4, or
5(b) of this chapter; or
(B) a committee acting under section 5(b) of this chapter to fill
a candidate vacancy for the office of judge of a circuit,
superior, probate, county, or small claims court or prosecuting
attorney; or
(2) the circuit court clerk of the county in which the greatest
percentage of the population of the election district is located, for
a chairman acting under section 5(a) of this chapter to fill a
candidate vacancy for a local office not described in subdivision
(1).
(c) The certificate required by section subsection (a) shall be filed
not more than three (3) days (excluding Saturdays and Sundays) after
selection of the candidate.
SOURCE: IC 4-1.5-4-3; (05)IN1398.1.6. -->
SECTION 6. IC 4-1.5-4-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. Subject to section 4
of this chapter, voting members of the board appointed by the governor
serve for terms of four (4) years. Each member shall hold office for the
term of appointment and shall continue to serve after expiration of the
appointment until a successor is appointed and qualified. Members are
eligible for reappointment.
SOURCE: IC 4-3-14-4; (05)IN1398.1.7. -->
SECTION 7. IC 4-3-14-4, AS AMENDED BY P.L.28-2004,
SECTION 19, AND AS AMENDED BY P.L.96-2004, SECTION 8, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 4. (a) The articles of
incorporation or bylaws of the corporation, as appropriate, must
provide that:
(1) the exclusive purpose of the corporation is to contribute to the
strengthening of the economy of the state by:
(A) coordinating the activities of all parties having a role in the
state's economic development through evaluating, overseeing,
and appraising those activities on an ongoing basis;
(B) overseeing the implementation of the state's economic
development plan and monitoring the updates of that plan; and
(C) educating and assisting all parties involved in improving
the long range vitality of the state's economy;
(2) the board must include:
(A) the governor;
(B) the lieutenant governor;
(C) the chief operating officer of the corporation;
(D) the chief operating officer of the corporation for Indiana's
international future; and
(E) additional persons appointed by the governor, who are
actively engaged in Indiana in private enterprise, organized
labor, state or local governmental agencies, and education, and
who represent the diverse economic and regional interests
throughout Indiana;
(3) the governor shall serve as chairman of the board of the
corporation, and the lieutenant governor shall serve as the chief
executive officer of the corporation;
(4) the governor shall appoint as vice chairman of the board a
member of the board engaged in private enterprise;
(5) the lieutenant governor shall be responsible as chief executive
officer for overseeing implementation of the state's economic
development plan as articulated by the corporation and shall
oversee the activities of the corporation's chief operating officer;
(6) the governor may appoint an executive committee composed
of members of the board (size and structure of the executive
committee shall be set by the articles and bylaws of the
corporation);
(7) the corporation may receive funds from any source and may
expend funds for any activities necessary, convenient, or
expedient to carry out its purposes;
(8) any amendments to the articles of incorporation or bylaws of
the corporation must be approved by the governor;
(9) the corporation shall submit an annual report to the governor
and to the Indiana general assembly on or before the first day of
November for each year;
(10) the annual report submitted under subdivision (9) to the
general assembly must be in an electronic format under
IC 5-14-6;
(11) the corporation shall conduct an annual public hearing to
receive comment from interested parties regarding the annual
report, and notice of the hearing shall be given at least fourteen
(14) days prior to the hearing in accordance with
IC 5-14-1.5-5(b); and
(11) (12) the corporation is subject to an annual audit by the state
board of accounts, and the corporation shall bear the full costs of
this audit.
(b) The corporation may perform other acts and things necessary,
convenient, or expedient to carry out the purposes identified in this
section, and it has all rights, powers, and privileges granted to
corporations by IC 23-17 and by common law.
(c) The corporation shall:
(1) approve and administer loans from the microenterprise
partnership program fund established under IC 4-3-13-9;
(2) establish and administer the nontraditional entrepreneur
program under IC 4-3-13;
(3) establish and administer the small and minority business
financial assistance program under IC 4-3-16; and
(4) establish and administer the microenterprise partnership
program under IC 4-4-32.4.
SOURCE: IC 4-4-3-8; (05)IN1398.1.8. -->
SECTION 8. IC 4-4-3-8, AS AMENDED BY P.L.28-2004,
SECTION 23, AND AS AMENDED BY P.L.73-2004, SECTION 1, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 8. (a) The department shall
develop and promote programs designed to make the best use of the
resources of the state so as to assure a balanced economy and
continuing economic growth for Indiana and for those purposes may do
the following:
(1) Cooperate with federal, state, and local governments and
agencies in the coordination of programs to make the best use of
the resources of the state.
(2) Receive and expend all funds, grants, gifts, and contributions
of money, property, labor, interest accrued from loans made by
the department, and other things of value from public and private
sources, including grants from agencies and instrumentalities of
the state and the federal government. The department:
(A) may accept federal grants for providing planning
assistance, making grants, or providing other services or
functions necessary to political subdivisions, planning
commissions, or other public or private organizations;
(B) shall administer these grants in accordance with their
terms; and
(C) may contract with political subdivisions, planning
commissions, or other public or private organizations to carry
out the purposes for which the grants were made.
(3) Direct that assistance, information, and advice regarding the
duties and functions of the department be given the department by
any officer, agent, or employee of the state. The head of any other
state department or agency may assign one (1) or more of the
department's or agency's employees to the department on a
temporary basis, or may direct any division or agency under the
department's or agency's supervision and control to make any
special study or survey requested by the director.
(b) The department shall perform the following duties:
(1) Disseminate information concerning the industrial,
commercial, governmental, educational, cultural, recreational,
agricultural, and other advantages of Indiana.
(2) Plan, direct, and conduct research activities.
(3) Develop and implement industrial development programs to
encourage expansion of existing industrial, commercial, and
business facilities within Indiana and to encourage new industrial,
commercial, and business locations within Indiana.
(4) Assist businesses and industries in acquiring, improving, and
developing overseas markets and encourage international plant
locations within Indiana. The director, with the approval of the
governor, may establish foreign offices to assist in this function.
(5) Promote the growth of minority business enterprises by doing
the following:
(A) Mobilizing and coordinating the activities, resources, and
efforts of governmental and private agencies, businesses, trade
associations, institutions, and individuals.
(B) Assisting minority businesses in obtaining governmental
or commercial financing for expansion, establishment of new
businesses, or individual development projects.
(C) Aiding minority businesses in procuring contracts from
governmental or private sources, or both.
(D) Providing technical, managerial, and counseling assistance
to minority business enterprises.
(6) Assist in community economic development planning and the
implementation of programs designed to further this development.
(7) Assist in the development and promotion of Indiana's tourist
resources, facilities, attractions, and activities.
(8) Assist in the promotion and marketing of Indiana's agricultural
products, and provide staff assistance to the director in fulfilling
the director's responsibilities as commissioner of agriculture.
(9) Perform the following energy related functions:
(A) Assist in the development and promotion of alternative
energy resources, including Indiana coal, oil shale,
hydropower, solar, wind, geothermal, and biomass resources.
(B) Encourage the conservation and efficient use of energy,
including energy use in commercial, industrial, residential,
governmental, agricultural, transportation, recreational, and
educational sectors.
(C) Assist in energy emergency preparedness.
(D) Not later than January 1, 1994, Establish:
(i) specific goals for increased energy efficiency in the
operations of state government and for the use of alternative
fuels in vehicles owned by the state; and
(ii) guidelines for achieving the goals established under item
(i).
(E) Establish procedures for state agencies to use in reporting
to the department on energy issues.
(F) Carry out studies, research projects, and other activities
required to:
(i) assess the nature and extent of energy resources required
to meet the needs of the state, including coal and other fossil
fuels, alcohol fuels produced from agricultural and forest
products and resources, renewable energy, and other energy
resources;
(ii) promote cooperation among government, utilities,
industry, institutions of higher education, consumers, and all
other parties interested in energy and recycling market
development issues; and
(iii) promote the dissemination of information concerning
energy and recycling market development issues.
(10) Implement any federal program delegated to the state to
effectuate the purposes of this chapter.
(11) Promote the growth of small businesses by doing the
following:
(A) Assisting small businesses in obtaining and preparing the
permits required to conduct business in Indiana.
(B) Serving as a liaison between small businesses and state
agencies.
(C) Providing information concerning business assistance
programs available through government agencies and private
sources.
(12) Assist the Indiana commission for agriculture and rural
development in performing its functions under IC 4-4-22.
(13) Develop and promote markets for the following recyclable
items:
(A) Aluminum containers.
(B) Corrugated paper.
(C) Glass containers.
(D) Magazines.
(E) Steel containers.
(F) Newspapers.
(G) Office waste paper.
(H) Plastic containers.
(I) Foam polystyrene packaging.
(J) Containers for carbonated or malt beverages that are
primarily made of a combination of steel and aluminum.
(14) Produce an annual recycled products guide and at least one
(1) time each year distribute the guide to the following:
(A) State agencies.
(B) The judicial department of state government.
(C) The legislative department of state government.
(D) State educational institutions (as defined in
IC 20-12-0.5-1).
(E) Political subdivisions (as defined in IC 36-1-2-13).
(F) Bodies corporate and politic created by statute.
A recycled products guide distributed under this subdivision must
include a description of supplies and other products that contain
recycled material and information concerning the availability of
the supplies and products.
(15) Beginning July 1, 2005, the department shall identify,
promote, assist, and fund home ownership education programs
conducted throughout Indiana by nonprofit counseling agencies
certified by the department using funds appropriated under
IC 4-4-3-23(e). The department shall adopt rules under IC 4-22-2
governing certification procedures and counseling requirements
for nonprofit home ownership counselors. The attorney general
and the entities listed in IC 4-6-12-4(a)(1) through
IC 4-6-12-4(a)(10) shall cooperate with the department in
implementing this subdivision.
(c) The department shall submit a report
in an electronic format
under IC 5-14-6 to the general assembly before October 1 of each year
concerning the availability of and location of markets for recycled
products in Indiana. The report must include the following:
(1) A priority listing of recyclable materials to be targeted for
market development. The listing must be based on an examination
of the need and opportunities for the marketing of the following:
(A) Paper.
(B) Glass.
(C) Aluminum containers.
(D) Steel containers.
(E) Bi-metal containers.
(F) Glass containers.
(G) Plastic containers.
(H) Landscape waste.
(I) Construction materials.
(J) Waste oil.
(K) Waste tires.
(L) Coal combustion wastes.
(M) Other materials.
(2) A presentation of a market development strategy that:
(A) considers the specific material marketing needs of Indiana;
and
(B) makes recommendations for legislative action.
(3) An analysis that examines the cost and effectiveness of future
market development options.
SOURCE: IC 4-22-2-37.1; (05)IN1398.1.9. -->
SECTION 9. IC 4-22-2-37.1, AS AMENDED BY P.L.1-2004,
SECTION 1, AND AS AMENDED BY P.L.23-2004, SECTION 1, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 37.1. (a) This section applies
to a rulemaking action resulting in any of the following rules:
(1) An order adopted by the commissioner of the Indiana
department of transportation under IC 9-20-1-3(d) or
IC 9-21-4-7(a) and designated by the commissioner as an
emergency rule.
(2) An action taken by the director of the department of natural
resources under IC 14-22-2-6(d) or IC 14-22-6-13.
(3) An emergency temporary standard adopted by the
occupational safety standards commission under
IC 22-8-1.1-16.1.
(4) An emergency rule adopted by the solid waste management
board under IC 13-22-2-3 and classifying a waste as hazardous.
(5) A rule, other than a rule described in subdivision (6), adopted
by the department of financial institutions under IC 24-4.5-6-107
and declared necessary to meet an emergency.
(6) A rule required under IC 24-4.5-1-106 that is adopted by the
department of financial institutions and declared necessary to
meet an emergency under IC 24-4.5-6-107.
(7) A rule adopted by the Indiana utility regulatory commission to
address an emergency under IC 8-1-2-113.
(8) An emergency rule jointly adopted by the water pollution
control board and the budget agency under IC 13-18-13-18.
(9) An emergency rule adopted by the state lottery commission
under IC 4-30-3-9.
(10) A rule adopted under IC 16-19-3-5 that the executive board
of the state department of health declares is necessary to meet an
emergency.
(11) An emergency rule adopted by the Indiana transportation
finance authority under IC 8-21-12.
(12) An emergency rule adopted by the insurance commissioner
under IC 27-1-23-7.
(13) An emergency rule adopted by the Indiana horse racing
commission under IC 4-31-3-9.
(14) An emergency rule adopted by the air pollution control
board, the solid waste management board, or the water pollution
control board under IC 13-15-4-10(4) or to comply with a
deadline required by federal law, provided:
(A) the variance procedures are included in the rules; and
(B) permits or licenses granted during the period the
emergency rule is in effect are reviewed after the emergency
rule expires.
(15) An emergency rule adopted by the Indiana election
commission under IC 3-6-4.1-14.
(16) An emergency rule adopted by the department of natural
resources under IC 14-10-2-5.
(17) An emergency rule adopted by the Indiana gaming
commission under IC 4-33-4-2, IC 4-33-4-3, or IC 4-33-4-14.
(18) An emergency rule adopted by the alcohol and tobacco
commission under IC 7.1-3-17.5, IC 7.1-3-17.7, or
IC 7.1-3-20-24.4.
(19) An emergency rule adopted by the department of financial
institutions under IC 28-15-11.
(20) An emergency rule adopted by the office of the secretary of
family and social services under IC 12-8-1-12.
(21) An emergency rule adopted by the office of the children's
health insurance program under IC 12-17.6-2-11.
(22) An emergency rule adopted by the office of Medicaid policy
and planning under IC 12-15-41-15.
(23) An emergency rule adopted by the Indiana state board of
animal health under IC 15-2.1-18-21.
(24) An emergency rule adopted by the board of directors of the
Indiana education savings authority under IC 21-9-4-7.
(25) An emergency rule adopted by the Indiana board of tax
review under IC 6-1.1-4-34.
(26) An emergency rule adopted by the department of local
government finance under IC 6-1.1-4-33.
(27) An emergency rule adopted by the boiler and pressure vessel
rules board under IC 22-13-2-8(c).
(28) An emergency rule adopted by the Indiana board of tax
review under IC 6-1.1-4-37(l) or an emergency rule adopted by
the department of local government finance under
IC 6-1.1-4-36(j) or IC 6-1.1-22.5-20.
(b) The following do not apply to rules described in subsection (a):
(1) Sections 24 through 36 of this chapter.
(2) IC 13-14-9.
(c) After a rule described in subsection (a) has been adopted by the
agency, the agency shall submit the rule to the publisher for the
assignment of a document control number. The agency shall submit the
rule in the form required by section 20 of this chapter and with the
documents required by section 21 of this chapter. The publisher shall
determine the number of copies of the rule and other documents to be
submitted under this subsection.
(d) After the document control number has been assigned, the
agency shall submit the rule to the secretary of state for filing. The
agency shall submit the rule in the form required by section 20 of this
chapter and with the documents required by section 21 of this chapter.
The secretary of state shall determine the number of copies of the rule
and other documents to be submitted under this subsection.
(e) Subject to section 39 of this chapter, the secretary of state shall:
(1) accept the rule for filing; and
(2) file stamp and indicate the date and time that the rule is
accepted on every duplicate original copy submitted.
(f) A rule described in subsection (a) takes effect on the latest of the
following dates:
(1) The effective date of the statute delegating authority to the
agency to adopt the rule.
(2) The date and time that the rule is accepted for filing under
subsection (e).
(3) The effective date stated by the adopting agency in the rule.
(4) The date of compliance with every requirement established by
law as a prerequisite to the adoption or effectiveness of the rule.
(g) Subject to subsection (h), IC 14-10-2-5, IC 14-22-2-6,
IC 22-8-1.1-16.1, and IC 22-13-2-8(c), and except as provided in
subsection (j), a rule adopted under this section expires not later than
ninety (90) days after the rule is accepted for filing under subsection
(e). Except for a rule adopted under subsection (a)(14), (a)(25), (a)(26),
or (a)(28), the rule may be extended by adopting another rule under
this section, but only for one (1) extension period. A rule adopted under
subsection (a)(14) may be extended for two (2) extension periods.
Subject to subsection (j), a rule adopted under subsection (a)(25),
(a)(26), or (a)(28) may be extended for an unlimited number of
extension periods. Except for a rule adopted under subsection (a)(14),
for a rule adopted under this section to be effective after one (1)
extension period, the rule must be adopted under:
(1) sections 24 through 36 of this chapter; or
(2) IC 13-14-9;
as applicable.
(h) A rule described in subsection (a)(6), (a)(9), or (a)(13) expires
on the earlier of the following dates:
(1) The expiration date stated by the adopting agency in the rule.
(2) The date that the rule is amended or repealed by a later rule
adopted under sections 24 through 36 of this chapter or this
section.
(i) This section may not be used to readopt a rule under IC 4-22-2.5.
(j) A rule described in subsection (a)(25) or (a)(26) expires not later
than January 1, 2006.
SOURCE: IC 4-23-29-4; (05)IN1398.1.10. -->
SECTION 10. IC 4-23-29-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. (a) As used in
this chapter, for an individual who is at least five (5) years of age,
"developmental disability" means a severe, chronic disability that:
(1) is attributable to a mental or physical impairment or
combination of mental and physical impairments;
(2) is manifested before the individual is twenty-two (22) years of
age;
(3) is likely to continue indefinitely;
(4) results in substantial functional limitation in three (3) or more
areas of major life activity; and
(5) reflects the individual's need for special, interdisciplinary
services, supports, or assistance that are is of lifelong or extended
duration and are is individually planned and coordinated.
(b) As used in this chapter, for an individual less than five (5) years
of age, "developmental disability" means:
(1) substantial developmental delay; or
(2) specific congenital or acquired conditions;
with high probability of resulting in a developmental disability
described in subsection (a) if services are not provided.
SOURCE: IC 4-33-13-5; (05)IN1398.1.11. -->
SECTION 11. IC 4-33-13-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5. (a) This
subsection does not apply to tax revenue remitted by an operating agent
operating a riverboat in a historic hotel district. After funds are
appropriated under section 4 of this chapter, each month the treasurer
of state shall distribute the tax revenue deposited in the state gaming
fund under this chapter to the following:
(1) The first thirty-three million dollars ($33,000,000) of tax
revenues collected under this chapter shall be set aside for
revenue sharing under subsection (e).
(2) Subject to subsection (c), twenty-five percent (25%) of the
remaining tax revenue remitted by each licensed owner shall be
paid:
(A) to the city that is designated as the home dock of the
riverboat from which the tax revenue was collected, in the case
of:
(i) a city described in IC 4-33-12-6(b)(1)(A); or
(ii) a city located in a county having a population of more
than four hundred thousand (400,000) but less than seven
hundred thousand (700,000); or
(B) to the county that is designated as the home dock of the
riverboat from which the tax revenue was collected, in the case
of a riverboat whose home dock is not in a city described in
clause (A).
(3) Subject to subsection (d), the remainder of the tax revenue
remitted by each licensed owner shall be paid to the property tax
replacement fund. In each state fiscal year beginning after June
30, 2003, the treasurer of state shall make the transfer required by
this subdivision not later than the last business day of the month
in which the tax revenue is remitted to the state for deposit in the
state gaming fund. However, if tax revenue is received by the
state on the last business day in a month, the treasurer of state
may transfer the tax revenue to the property tax replacement fund
in the immediately following month.
(b) This subsection applies only to tax revenue remitted by an
operating agent operating a riverboat in a historic hotel district. After
funds are appropriated under section 4 of this chapter, each month the
treasurer of state shall distribute the tax revenue deposited in the state
gaming fund under this chapter as follows:
(1) Thirty-seven and one half percent (37.5%) shall be paid to the
property tax replacement fund established under IC 6-1.1-21.
(2) Thirty-seven and one-half percent (37.5%) shall be paid to the
West Baden Springs historic hotel preservation and maintenance
fund established by IC 36-7-11.5-11(b). However, at any time the
balance in that fund exceeds twenty million dollars
($20,000,000), the amount described in this subdivision shall be
paid to the property tax replacement fund established under
IC 6-1.1-21.
(3) Five percent (5%) shall be paid to the historic hotel
preservation commission established under IC 36-7-11.5.
(4) Ten percent (10%) shall be paid in equal amounts to each
town that:
(A) is located in the county in which the riverboat docks; and
(B) contains a historic hotel.
The town council shall appropriate a part of the money received
by the town under this subdivision to the budget of the town's
tourism commission.
(5) Ten percent (10%) shall be paid to the county treasurer of the
county in which the riverboat is docked. The county treasurer
shall distribute the money received under this subdivision as
follows:
(A) Twenty percent (20%) shall be quarterly distributed to the
county treasurer of a county having a population of more than
thirty-nine thousand six hundred (39,600) but less than forty
thousand (40,000) for appropriation by the county fiscal body
after receiving a recommendation from the county executive.
The county fiscal body for the receiving county shall provide
for the distribution of the money received under this clause to
one (1) or more taxing units (as defined in IC 6-1.1-1-21) in
the county under a formula established by the county fiscal
body after receiving a recommendation from the county
executive.
(B) Twenty percent (20%) shall be quarterly distributed to the
county treasurer of a county having a population of more than
ten thousand seven hundred (10,700) but less than twelve
thousand (12,000) for appropriation by the county fiscal body
after receiving a recommendation from the county executive.
The county fiscal body for the receiving county shall provide
for the distribution of the money received under this clause to
one (1) or more taxing units (as defined in IC 6-1.1-1-21) in
the county under a formula established by the county fiscal
body after receiving a recommendation from the county
executive.
(C) Sixty percent (60%) shall be retained by the county where
the riverboat is docked for appropriation by the county fiscal
body after receiving a recommendation from the county
executive. The county fiscal body shall provide for the
distribution of part or all of the money received under this
clause to the following under a formula established by the
county fiscal body:
(i) A town having a population of more than two thousand
two hundred (2,200) but less than three thousand five
hundred (3,500) located in a county having a population of
more than nineteen thousand three hundred (19,300) but less
than twenty thousand (20,000).
(ii) A town having a population of more than three thousand
five hundred (3,500) located in a county having a population
of more than nineteen thousand three hundred (19,300) but
less than twenty thousand (20,000).
(c) For each city and county receiving money under subsection
(a)(2)(A) or (a)(2)(C), (a)(2), the treasurer of state shall determine the
total amount of money paid by the treasurer of state to the city or
county during the state fiscal year 2002. The amount determined is the
base year revenue for the city or county. The treasurer of state shall
certify the base year revenue determined under this subsection to the
city or county. The total amount of money distributed to a city or
county under this section during a state fiscal year may not exceed the
entity's base year revenue. For each state fiscal year beginning after
June 30, 2002, the treasurer of state shall pay that part of the riverboat
wagering taxes that:
(1) exceeds a particular city or county's base year revenue; and
(2) would otherwise be due to the city or county under this
section;
to the property tax replacement fund instead of to the city or county.
(d) Each state fiscal year the treasurer of state shall transfer from the
tax revenue remitted to the property tax replacement fund under
subsection (a)(3) to the build Indiana fund an amount that when added
to the following may not exceed two hundred fifty million dollars
($250,000,000):
(1) Surplus lottery revenues under IC 4-30-17-3.
(2) Surplus revenue from the charity gaming enforcement fund
under IC 4-32-10-6.
(3) Tax revenue from pari-mutuel wagering under IC 4-31-9-3.
The treasurer of state shall make transfers on a monthly basis as needed
to meet the obligations of the build Indiana fund. If in any state fiscal
year insufficient money is transferred to the property tax replacement
fund under subsection (a)(3) to comply with this subsection, the
treasurer of state shall reduce the amount transferred to the build
Indiana fund to the amount available in the property tax replacement
fund from the transfers under subsection (a)(3) for the state fiscal year.
(e) Before August 15 of 2003 and each year thereafter, the treasurer
of state shall distribute the wagering taxes set aside for revenue sharing
under subsection (a)(1) to the county treasurer of each county that does
not have a riverboat according to the ratio that the county's population
bears to the total population of the counties that do not have a
riverboat. Except as provided in subsection (h), the county auditor shall
distribute the money received by the county under this subsection as
follows:
(1) To each city located in the county according to the ratio the
city's population bears to the total population of the county.
(2) To each town located in the county according to the ratio the
town's population bears to the total population of the county.
(3) After the distributions required in subdivisions (1) and (2) are
made, the remainder shall be retained by the county.
(f) Money received by a city, town, or county under subsection (e)
or (h) may be used for any of the following purposes:
(1) To reduce the property tax levy of the city, town, or county for
a particular year (a property tax reduction under this subdivision
does not reduce the maximum levy of the city, town, or county
under IC 6-1.1-18.5);
(2) For deposit in a special fund or allocation fund created under
IC 8-22-3.5, IC 36-7-14, IC 36-7-14.5, IC 36-7-15.1, and
IC 36-7-30 to provide funding for additional credits for property
tax replacement in property tax increment allocation areas or debt
repayment.
(3) To fund sewer and water projects, including storm water
management projects.
(4) For police and fire pensions.
(5) To carry out any governmental purpose for which the money
is appropriated by the fiscal body of the city, town, or county.
Money used under this subdivision does not reduce the property
tax levy of the city, town, or county for a particular year or reduce
the maximum levy of the city, town, or county under
IC 6-1.1-18.5.
(g) This subsection does not apply to an entity receiving money
under IC 4-33-12-6(c). Before September 15 of 2003 and each year
thereafter, the treasurer of state shall determine the total amount of
money distributed to an entity under IC 4-33-12-6 during the preceding
state fiscal year. If the treasurer of state determines that the total
amount of money distributed to an entity under IC 4-33-12-6 during the
preceding state fiscal year was less than the entity's base year revenue
(as determined under IC 4-33-12-6), the treasurer of state shall make
a supplemental distribution to the entity from taxes collected under this
chapter and deposited into the property tax replacement fund. The
amount of the supplemental distribution is equal to the difference
between the entity's base year revenue (as determined under
IC 4-33-12-6) and the total amount of money distributed to the entity
during the preceding state fiscal year under IC 4-33-12-6.
(h) This subsection applies only to a county containing a
consolidated city. The county auditor shall distribute the money
received by the county under subsection
(d) (e) as follows:
(1) To each city, other than a consolidated city, located in the
county according to the ratio that the city's population bears to the
total population of the county.
(2) To each town located in the county according to the ratio that
the town's population bears to the total population of the county.
(3) After the distributions required in subdivisions (1) and (2) are
made, the remainder shall be paid in equal amounts to the
consolidated city and the county.
SOURCE: IC 5-1-7-2; (05)IN1398.1.12. -->
SECTION 12. IC 5-1-7-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 2. The contract entered into by
the board of commissioners of any county and any such bondholder
shall be signed by the parties to such contract, shall be attested on
behalf of the county by the county auditor, and shall stipulate and agree
that the board of commissioners of the county will pay all interest on
such matured bond to the date of the maturity thereof, and that a new
bond (referred to in this chapter as a redemption bond) in the same
amount as the matured bond, will be issued to pay and retire such
matured bond, and that such redemption bond will be and continue to
be a valid and binding obligation of the county and that during the
period fixed in the contract not exceeding ten (10) years the board of
commissioners will pay annually to the owner of such redemption
bond, one-tenth (1/10) of the principal amount of such redemption
bond and, in addition thereto, will pay semiannually all interest which
shall have accrued thereon to the date when such payment is to be
made. The date on which such partial payments of the principal of such
bond will be made shall be fixed and prescribed in such contract and
may be on June 1 or December 1 of the year next succeeding the year
in which such contract is executed and signed and June 1 or December
1 of each and every year thereafter until paid. The interest accrued on
such bond shall be paid semiannually on June 1 and December 1,
beginning on the same date as the first partial payment on such bond.
The board of commissioners shall further agree to levy a tax on the
taxable property of such county in an amount sufficient to make the
payments on such redemption bonds as they fall due, together with all
interest which shall have accrued thereon. Any bondholder who elects
to avail himself or herself of the provisions of this chapter shall agree
that in consideration of the privilege hereby afforded he the
bondholder will not maintain or attempt to maintain a suit for the
collection or the enforcement of the lien of any such bond, other than
in accordance with the remedies afforded by the provisions of this
chapter. The form of the contract herein contemplated shall be
prescribed by the state board of accounts with the approval of the
attorney general. At the time when the contract is executed and the
redemption bond is issued, the matured bond shall be surrendered to
the county auditor and shall be canceled by writing across the face of
the matured bond the words "Canceled by issuing to ______ a
redemption bond in the same principal sum as this bond, due and
payable on the ______ day of ______, 19____." 20____.".
SOURCE: IC 5-2-1-9; (05)IN1398.1.13. -->
SECTION 13. IC 5-2-1-9, AS AMENDED BY P.L.62-2004,
SECTION 1, AND AS AMENDED BY P.L.85-2004, SECTION 40, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 9. (a) The board shall adopt in
accordance with IC 4-22-2 all necessary rules to carry out the
provisions of this chapter. Such rules, which shall be adopted only after
necessary and proper investigation and inquiry by the board, shall
include the establishment of the following:
(1) Minimum standards of physical, educational, mental, and
moral fitness which shall govern the acceptance of any person for
training by any law enforcement training school or academy
meeting or exceeding the minimum standards established
pursuant to this chapter.
(2) Minimum standards for law enforcement training schools
administered by towns, cities, counties, the northwest Indiana law
enforcement training center, agencies, or departments of the state.
(3) Minimum standards for courses of study, attendance
requirements, equipment, and facilities for approved town, city,
county, and state law enforcement officer, police reserve officer,
and conservation reserve officer training schools.
(4) Minimum standards for a course of study on cultural diversity
awareness that must be required for each person accepted for
training at a law enforcement training school or academy.
(5) Minimum qualifications for instructors at approved law
enforcement training schools.
(6) Minimum basic training requirements which law enforcement
officers appointed to probationary terms shall complete before
being eligible for continued or permanent employment.
(7) Minimum basic training requirements which law enforcement
officers not appointed for probationary terms but appointed on
other than a permanent basis shall complete in order to be eligible
for continued employment or permanent appointment.
(8) Minimum basic training requirements which law enforcement
officers appointed on a permanent basis shall complete in order
to be eligible for continued employment.
(9) Minimum basic training requirements for each person
accepted for training at a law enforcement training school or
academy that include six (6) hours of training in interacting with
persons with mental illness, addictive disorders, mental
retardation, and developmental disabilities, to be provided by
persons approved by the secretary of family and social services
and the law enforcement training board.
(b) Except as provided in subsection (l), a law enforcement officer
appointed after July 5, 1972, and before July 1, 1993, may not enforce
the laws or ordinances of the state or any political subdivision unless
the officer has, within one (1) year from the date of appointment,
successfully completed the minimum basic training requirements
established under this chapter by the board. If a person fails to
successfully complete the basic training requirements within one (1)
year from the date of employment, the officer may not perform any of
the duties of a law enforcement officer involving control or direction
of members of the public or exercising the power of arrest until the
officer has successfully completed the training requirements. This
subsection does not apply to any law enforcement officer appointed
before July 6, 1972, or after June 30, 1993.
(c) Military leave or other authorized leave of absence from law
enforcement duty during the first year of employment after July 6,
1972, shall toll the running of the first year, which in such cases shall
be calculated by the aggregate of the time before and after the leave, for
the purposes of this chapter.
(d) Except as provided in subsections (e) and (l), a law enforcement
officer appointed to a law enforcement department or agency after June
30, 1993, may not:
(1) make an arrest;
(2) conduct a search or a seizure of a person or property; or
(3) carry a firearm;
unless the law enforcement officer successfully completes, at a board
certified law enforcement academy, at the southwest Indiana law
enforcement training academy under section 10.5 of this chapter, or at
the northwest Indiana law enforcement training center under section
15.2 of this chapter, the basic training requirements established by the
board under this chapter.
(e) Before a law enforcement officer appointed after June 30, 1993,
completes the basic training requirements, the law enforcement officer
may exercise the police powers described in subsection (d) if the
officer successfully completes the pre-basic course established in
subsection (f). Successful completion of the pre-basic course authorizes
a law enforcement officer to exercise the police powers described in
subsection (d) for one (1) year after the date the law enforcement
officer is appointed.
(f) The board shall adopt rules under IC 4-22-2 to establish a
pre-basic course for the purpose of training:
(1) law enforcement officers;
(2) police reserve officers (as described in IC 36-8-3-20); and
(3) conservation reserve officers (as described in IC 14-9-8-27);
regarding the subjects of arrest, search and seizure, use of force, and
firearm qualification. The pre-basic course must be offered on a
periodic basis throughout the year at regional sites statewide. The
pre-basic course must consist of forty (40) hours of course work. The
board may prepare a pre-basic course on videotape that must be used
in conjunction with live instruction. The board shall provide the course
material, the instructors, and the facilities at the regional sites
throughout the state that are used for the pre-basic course. In addition,
the board may certify pre-basic courses that may be conducted by other
public or private training entities, including colleges and universities.
(g) The board shall adopt rules under IC 4-22-2 to establish a
mandatory inservice training program for police officers. After June 30,
1993, a law enforcement officer who has satisfactorily completed the
basic training and has been appointed to a law enforcement department
or agency on either a full-time or part-time basis is not eligible for
continued employment unless the officer satisfactorily completes a
minimum of sixteen (16) hours each year of inservice training in any
subject area included in the law enforcement academy's basic training
course or other job related subjects that are approved by the board as
determined by the law enforcement department's or agency's needs.
Inservice training must include training in interacting with persons
with mental illness, addictive disorders, mental retardation, and
developmental disabilities, to be provided by persons approved by the
secretary of family and social services and the law enforcement
training board. In addition, a certified academy staff may develop and
make available inservice training programs on a regional or local basis.
The board may approve courses offered by other public or private
training entities, including colleges and universities, as necessary in
order to ensure the availability of an adequate number of inservice
training programs. The board may waive an officer's inservice training
requirements if the board determines that the officer's reason for
lacking the required amount of inservice training hours is due to any of
the following:
(1) An emergency situation.
(2) The unavailability of courses.
(h) The board shall also adopt rules establishing a town marshal
basic training program, subject to the following:
(1) The program must require fewer hours of instruction and class
attendance and fewer courses of study than are required for the
mandated basic training program.
(2) Certain parts of the course materials may be studied by a
candidate at the candidate's home in order to fulfill requirements
of the program.
(3) Law enforcement officers successfully completing the
requirements of the program are eligible for appointment only in
towns employing the town marshal system (IC 36-5-7) and having
no not more than one (1) marshal and two (2) deputies.
(4) The limitation imposed by subdivision (3) does not apply to an
officer who has successfully completed the mandated basic
training program.
(5) The time limitations imposed by subsections (b) and (c) for
completing the training are also applicable to the town marshal
basic training program.
(i) The board shall adopt rules under IC 4-22-2 to establish a police
chief executive training program. The program must include training
in the following areas:
(1) Liability.
(2) Media relations.
(3) Accounting and administration.
(4) Discipline.
(5) Department policy making.
(6) Firearm policies.
(7) Department programs.
(j) A police chief shall apply for admission to the police chief
executive training program within two (2) months of the date the police
chief initially takes office. A police chief must successfully complete
the police chief executive training program within six (6) months of the
date the police chief initially takes office. However, if space in the
program is not available at a time that will allow the police chief to
complete the program within six (6) months of the date the police chief
initially takes office, the police chief must successfully complete the
next available program that is offered to the police chief after the police
chief initially takes office.
(k) A police chief who fails to comply with subsection (j) may not
serve as the police chief until the police chief has completed the police
chief executive training program. For the purposes of this subsection
and subsection (j), "police chief" refers to:
(1) the police chief of any city; and
(2) the police chief of any town having a metropolitan police
department.
A town marshal is not considered to be a police chief for these
purposes, but a town marshal may enroll in the police chief executive
training program.
(l) An investigator in the arson division of the office of the state fire
marshal appointed:
(1) before January 1, 1994, is not required; or
(2) after December 31, 1993, is required;
to comply with the basic training standards established under this
section.
(m) The board shall adopt rules under IC 4-22-2 to establish a
program to certify handgun safety courses, including courses offered
in the private sector, that meet standards approved by the board for
training probation officers in handgun safety as required by
IC 11-13-1-3.5(3).
SOURCE: IC 5-2-1-10.5; (05)IN1398.1.14. -->
SECTION 14. IC 5-2-1-10.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 10.5. (a) The board
may adopt rules under IC 4-22-2 to establish a southwest Indiana law
enforcement training academy.
(b) If the board adopts rules under subsection (a) to establish a
southwest Indiana law enforcement training academy, the board shall
in accordance with IC 4-22-2 adopt rules establishing minimum
standards for the southwest Indiana law enforcement training academy.
(c) The southwest Indiana law enforcement training academy may
provide:
(1) basic training to a law enforcement officer who is not accepted
by the law enforcement academy for the next basic training course
because the academy does not have a space for the officer in the
next basic training course;
(2) pre-basic courses described in section 9(f) of this chapter;
(3) inservice training described in section 9(g) of this chapter; and
(4) other law enforcement training approved by the board;
if the training academy meets or exceeds the minimum standards
established under subsection (b) by the board.
(d) The southwest Indiana law enforcement training academy
established under this section may receive funding only from the
following:
(1) A local unit of government (as defined in IC 14-22-31.5-1).
(2) A unit of a fraternal order or a similar association.
(3) Charitable contributions.
(4) Federal grants.
SOURCE: IC 5-9-4-7; (05)IN1398.1.15. -->
SECTION 15. IC 5-9-4-7 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 7. (a) Except as provided in
subsection (b) or (c), an officeholder who elects to take the leave of
absence described in section 6 of this chapter shall give written notice
that the officeholder is taking a leave of absence for military service to
the person or entity designated in IC 5-8-3.5-1 to receive a resignation
for the office the officeholder holds.
(b) An officeholder who is:
(1) a justice of the supreme court, a judge of the court of appeals,
or a judge of the tax court; or
(2) a judge of a circuit, city, county, probate, or superior court;
shall give the written notice required by subsection (a) to the clerk of
the supreme court.
(c) An officeholder who holds a school board office shall give the
written notice required by subsection (a) to the person or entity
designated in IC 20-3, IC 20-4, or IC 20-5 to receive a resignation for
the office the officeholder holds.
(d) The written notice required by subsection (a) must state that the
officeholder is taking a leave of absence because the officeholder:
(1) has been called for active duty in: the:
(A) the armed forces of the United States; or
(B) the national guard; and
(2) will be temporarily unable to perform the duties of the
officeholder's office.
SOURCE: IC 5-9-4-10; (05)IN1398.1.16. -->
SECTION 16. IC 5-9-4-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 10. (a) A leave of
absence under this chapter begins on the date the officeholder enters
active duty and ends on the earliest of:
(1) the date of the officeholder's death;
(2) the thirtieth day after the date of the discharge or release of the
officeholder from active duty; or
(3) the date the officeholder provides the written notice required
by subsection (b).
(b) An officeholder returning from a leave of absence under this
chapter shall give written notice that the officeholder's leave of absence
has ended to the person or entity to which the officeholder provided
notice under section 7 of this chapter.
(c) The person or entity that receives the written notice under
subsection (b) shall, not later than seventy-two (72) hours after receipt
of the officeholder's notice, give written notice that the officeholder's
leave of absence has ended to: the:
(1) the person temporarily appointed to the officeholder's office;
and
(2) any person or entity that received the written notice of the
leave of absence under section 9(b) of this chapter.
(d) On the date an officeholder's leave of absence ends, as
determined under subsection (a), the officeholder shall resume the
duties of the officeholder's office for the remainder of the term for
which the officeholder was elected.
SOURCE: IC 5-10-8-2.2; (05)IN1398.1.17. -->
SECTION 17. IC 5-10-8-2.2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2.2. (a) As used in
this section, "dependent" means a natural child, stepchild, or adopted
child of a public safety employee who:
(1) is less than eighteen (18) years of age;
(2) is eighteen (18) years of age or older and physically or
mentally disabled (using disability guidelines established by the
Social Security Administration); or
(3) is at least eighteen (18) and less than twenty-three (23) years
of age and is enrolled in and regularly attending a secondary
school or is a full-time student at an accredited college or
university.
(b) As used in this section, "public safety employee" means a
full-time firefighter, police officer, county police officer, or sheriff.
(c) This section applies only to local unit public employers and their
public safety employees.
(d) A local unit public employer may provide programs of group
health insurance for its active and retired public safety employees
through one (1) of the following methods:
(1) By purchasing policies of group insurance.
(2) By establishing self-insurance programs.
(3) By electing to participate in the local unit group of local units
that offer the state employee health plan under section 6.6 of this
chapter.
A local unit public employer may provide programs of group insurance
other than group health insurance for the local unit public employer's
active and retired public safety employees by purchasing policies of
group insurance and by establishing self-insurance programs. However,
the establishment of a self-insurance program is subject to the approval
of the unit's fiscal body.
(e) A local unit public employer may pay a part of the cost of group
insurance for its active and retired public safety employees. However,
a local unit public employer that provides group life insurance for its
active and retired public safety employees shall pay a part of the cost
of that insurance.
(f) A local unit public employer may not cancel an insurance
contract under this section during the policy term of the contract.
(g) After June 30, 1989, a local unit public employer that provides
a group health insurance program for its active public safety employees
shall also provide a group health insurance program to the following
persons:
(1) Retired public safety employees.
(2) Public safety employees who are receiving disability benefits
under IC 36-8-6, IC 36-8-7, IC 36-8-7.5, IC 36-8-8, or IC 36-8-10.
(3) Surviving spouses and dependents of public safety employees
who die while in active service or after retirement.
(h) A retired or disabled public safety employee who is eligible for
group health insurance coverage under subsection (g)(1) or (g)(2):
(1) may elect to have the person's spouse, dependents, or spouse
and dependents covered under the group health insurance
program at the time the person retires or becomes disabled;
(2) must file a written request for insurance coverage with the
employer within ninety (90) days after the person retires or begins
receiving disability benefits; and
(3) must pay an amount equal to the total of the employer's and
the employee's premiums for the group health insurance for an
active public safety employee (however, the employer may elect
to pay any part of the person's premiums).
(i) Except as provided in IC 36-8-6-9.7(f), IC 36-8-6-10.1(h),
IC 36-8-7-12.3(g), IC 36-8-7-12.4(j), IC 36-8-7.5-13.7(h),
IC 36-8-7.5-14.1(i), IC 36-8-8-13.9(d), IC 38-8-8-14.1(h),
IC 36-8-8-14.1(h), and IC 36-8-10-16.5 for a surviving spouse or
dependent of a public safety employee who dies in the line of duty, a
surviving spouse or dependent who is eligible for group health
insurance under subsection (g)(3):
(1) may elect to continue coverage under the group health
insurance program after the death of the public safety employee;
(2) must file a written request for insurance coverage with the
employer within ninety (90) days after the death of the public
safety employee; and
(3) must pay the amount that the public safety employee would
have been required to pay under this section for coverage selected
by the surviving spouse or dependent (however, the employer may
elect to pay any part of the surviving spouse's or dependents'
premiums).
(j) A retired or disabled public safety employee's eligibility for
group health insurance under this section ends on the earlier of the
following:
(1) When the public safety employee becomes eligible for
Medicare coverage as prescribed by 42 U.S.C. 1395 et seq.
(2) When the employer terminates the health insurance program
for active public safety employees.
(k) A surviving spouse's eligibility for group health insurance under
this section ends on the earliest of the following:
(1) When the surviving spouse becomes eligible for Medicare
coverage as prescribed by 42 U.S.C. 1395 et seq.
(2) When the unit providing the insurance terminates the health
insurance program for active public safety employees.
(3) The date of the surviving spouse's remarriage.
(4) When health insurance becomes available to the surviving
spouse through employment.
(l) A dependent's eligibility for group health insurance under this
section ends on the earliest of the following:
(1) When the dependent becomes eligible for Medicare coverage
as prescribed by 42 U.S.C. 1395 et seq.
(2) When the unit providing the insurance terminates the health
insurance program for active public safety employees.
(3) When the dependent no longer meets the criteria set forth in
subsection (a).
(4) When health insurance becomes available to the dependent
through employment.
(m) A public safety employee who is on leave without pay is entitled
to participate for ninety (90) days in any group health insurance
program maintained by the local unit public employer for active public
safety employees if the public safety employee pays an amount equal
to the total of the employer's and the employee's premiums for the
insurance. However, the employer may pay all or part of the employer's
premium for the insurance.
(n) A local unit public employer may provide group health
insurance for retired public safety employees or their spouses not
covered by subsections (g) through (l) and may provide group health
insurance that contains provisions more favorable to retired public
safety employees and their spouses than required by subsections (g)
through (l). A local unit public employer may provide group health
insurance to a public safety employee who is on leave without pay for
a longer period than required by subsection (m), and may continue to
pay all or a part of the employer's premium for the insurance while the
employee is on leave without pay.
SOURCE: IC 5-14-3-2; (05)IN1398.1.18. -->
SECTION 18. IC 5-14-3-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2.
As used in (a)
The definitions set forth in this section apply throughout this
chapter.
(b) "Copy" includes transcribing by handwriting, photocopying,
xerography, duplicating machine, duplicating electronically stored data
onto a disk, tape, drum, or any other medium of electronic data storage,
and reproducing by any other means.
(c) "Direct cost" means one hundred five percent (105%) of the sum
of the cost of:
(1) the initial development of a program, if any;
(2) the labor required to retrieve electronically stored data; and
(3) any medium used for electronic output;
for providing a duplicate of electronically stored data onto a disk, tape,
drum, or other medium of electronic data retrieval under section 8(g)
of this chapter, or for reprogramming a computer system under section
6(c) of this chapter.
(d) "Electronic map" means copyrighted data provided by a public
agency from an electronic geographic information system.
(e) "Enhanced access" means the inspection of a public record by a
person other than a governmental entity and that:
(1) is by means of an electronic device other than an electronic
device provided by a public agency in the office of the public
agency; or
(2) requires the compilation or creation of a list or report that does
not result in the permanent electronic storage of the information.
(f) "Facsimile machine" means a machine that electronically
transmits exact images through connection with a telephone network.
(g) "Inspect" includes the right to do the following:
(1) Manually transcribe and make notes, abstracts, or memoranda.
(2) In the case of tape recordings or other aural public records, to
listen and manually transcribe or duplicate, or make notes,
abstracts, or other memoranda from them.
(3) In the case of public records available:
(A) by enhanced access under section 3.5 of this chapter; or
(B) to a governmental entity under section 3(c)(2) of this
chapter;
to examine and copy the public records by use of an electronic
device.
(4) In the case of electronically stored data, to manually transcribe
and make notes, abstracts, or memoranda or to duplicate the data
onto a disk, tape, drum, or any other medium of electronic
storage.
(h) "Investigatory record" means information compiled in the course
of the investigation of a crime.
(i) "Patient" has the meaning set out in IC 16-18-2-272(d).
(j) "Person" means an individual, a corporation, a limited liability
company, a partnership, an unincorporated association, or a
governmental entity.
(k) "Provider" has the meaning set out in IC 16-18-2-295(a) and
includes employees of the state department of health or local boards of
health who create patient records at the request of another provider or
who are social workers and create records concerning the family
background of children who may need assistance.
(l) "Public agency" means the following:
(1) Any board, commission, department, division, bureau,
committee, agency, office, instrumentality, or authority, by
whatever name designated, exercising any part of the executive,
administrative, judicial, or legislative power of the state.
(2) Any:
(A) county, township, school corporation, city, or town, or any
board, commission, department, division, bureau, committee,
office, instrumentality, or authority of any county, township,
school corporation, city, or town;
(B) political subdivision (as defined by IC 36-1-2-13); or
(C) other entity, or any office thereof, by whatever name
designated, exercising in a limited geographical area the
executive, administrative, judicial, or legislative power of the
state or a delegated local governmental power.
(3) Any entity or office that is subject to:
(A) budget review by either the department of local
government finance or the governing body of a county, city,
town, township, or school corporation; or
(B) an audit by the state board of accounts.
(4) Any building corporation of a political subdivision that issues
bonds for the purpose of constructing public facilities.
(5) Any advisory commission, committee, or body created by
statute, ordinance, or executive order to advise the governing
body of a public agency, except medical staffs or the committees
of any such staff.
(6) Any law enforcement agency, which means an agency or a
department of any level of government that engages in the
investigation, apprehension, arrest, or prosecution of alleged
criminal offenders, such as the state police department, the police
or sheriff's department of a political subdivision, prosecuting
attorneys, members of the excise police division of the alcohol
and tobacco commission, conservation officers of the department
of natural resources, and the security division of the state lottery
commission.
(7) Any license branch staffed by employees of the bureau of
motor vehicles commission under IC 9-16.
(8) The state lottery commission established by IC 4-30-3-1,
including any department, division, or office of the commission.
(9) The Indiana gaming commission established under IC 4-33,
including any department, division, or office of the commission.
(10) The Indiana horse racing commission established by IC 4-31,
including any department, division, or office of the commission.
(m) "Public record" means any writing, paper, report, study, map,
photograph, book, card, tape recording, or other material that is
created, received, retained, maintained, or filed by or with a public
agency and which is generated on paper, paper substitutes,
photographic media, chemically based media, magnetic or machine
readable media, electronically stored data, or any other material,
regardless of form or characteristics.
(n) "Standard-sized documents" includes all documents that can be
mechanically reproduced (without mechanical reduction) on paper
sized eight and one-half (8 1/2) inches by eleven (11) inches or eight
and one-half (8 1/2) inches by fourteen (14) inches.
(o) "Trade secret" has the meaning set forth in IC 24-2-3-2.
(p) "Work product of an attorney" means information compiled by
an attorney in reasonable anticipation of litigation.
and The term
includes the attorney's:
(1) notes and statements taken during interviews of prospective
witnesses; and
(2) legal research or records, correspondence, reports, or
memoranda to the extent that each contains the attorney's
opinions, theories, or conclusions.
This definition does not restrict the application of any exception under
section 4 of this chapter.
SOURCE: IC 5-22-15-20.5; (05)IN1398.1.19. -->
SECTION 19. IC 5-22-15-20.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 20.5. (a) This
section applies only to a contract awarded by a state agency.
(b) As used in this section, "Indiana business" refers to any of the
following:
(1) A business whose principal place of business is located in
Indiana.
(2) A business that pays a majority of its payroll (in dollar
volume) to residents of Indiana.
(3) A business that employs Indiana residents as a majority of its
employees.
(4) A business that makes significant capital investments in
Indiana.
(5) A business that has a substantial positive economic impact on
Indiana as defined by criteria developed under subsection (c).
(c) The Indiana department of administration shall consult with the
department of commerce in developing criteria for determining
whether a business is an Indiana business under
subsection (a).
subsection (b). The Indiana department of administration may consult
with the department of commerce to determine whether a particular
business meets the requirements of this section and the criteria
developed under this subsection.
(d) There are the following price preferences for supplies purchased
from an Indiana business:
(1) Five percent (5%) for a purchase expected by the state agency
to be less than five hundred thousand dollars ($500,000).
(2) Three percent (3%) for a purchase expected by the state
agency to be at least five hundred thousand dollars ($500,000) but
less than one million dollars ($1,000,000).
(3) One percent (1%) for a purchase expected by the state agency
to be at least one million dollars ($1,000,000).
(e) Notwithstanding subsection (d), a state agency shall award a
contract to the lowest responsive and responsible offeror, regardless of
the preference provided in this section, if:
(1) the offeror is an Indiana business; or
(2) the offeror is a business from a state bordering Indiana and the
business's home state does not provide a preference to the home
state's businesses more favorable than is provided by Indiana law
to Indiana businesses.
(f) A business that wants to claim a preference provided under this
section must do all of the following:
(1) State in the business's bid that the business claims the
preference provided by this section.
(2) Provide the following information to the department:
(A) The location of the business's principal place of business.
If the business claims the preference as an Indiana business
described in subsection (b)(1), a statement explaining the
reasons the business considers the location named as the
business's principal place of business.
(B) The amount of the business's total payroll and the amount
of the business's payroll paid to Indiana residents.
(C) The number of the business's employees and the number
of the business's employees who are Indiana residents.
(D) If the business claims the preference as an Indiana
business described in subsection (b)(4), a description of the
capital investments made in Indiana and a statement of the
amount of those capital investments.
(E) If the business claims the preference as an Indiana
business described in subsection (b)(5), a description of the
substantial positive economic impact the business has on
Indiana.
(g) This section expires July 1, 2009.
SOURCE: IC 6-1.1-4-35; (05)IN1398.1.20. -->
SECTION 20. IC 6-1.1-4-35, AS ADDED BY P.L.1-2004,
SECTION 4, AND AS ADDED BY P.L.23-2004, SECTION 5, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 35. (a) This section applies to
a county other than a county subject to section 32 of this chapter.
(b) This section applies to a general reassessment of real property
conducted under section 4(a) of this chapter that is scheduled to
become effective for property taxes first due and payable in 2003.
(c) As used in this section, "department" refers to the department of
local government finance.
(d) As used in this section, "reassessment official" means any of the
following:
(1) A county assessor.
(2) A township assessor.
(3) A township trustee-assessor.
(e) If:
(1) the department determines that a county's reassessment
officials are unable to complete the reassessment in a timely
manner; or
(2) the department determines that a county's reassessment
officials are likely to complete the reassessment in an inaccurate
manner;
the department may order a state conducted reassessment in the county.
The department may consider a reassessment in a county untimely if
the county does not submit the county's equalization study to the
department in the manner prescribed under 50 IAC 14 before October
20, 2003. The department may consider the reassessment work of a
county's reassessment officials inaccurate if the department determines
from a sample of the assessments completed in the county that there is
a variance exceeding ten percent (10%) between the total assessed
valuation of the real property within the sample and the total assessed
valuation that would result if the real property within the sample were
valued in the manner provided by law.
(f) If the department orders a state conducted reassessment in a
county, the department shall assume the duties of the county's
reassessment officials. Notwithstanding sections 15 and 17 of this
chapter, a reassessment official in a county subject to an order issued
under this section may not assess property or have property assessed
for the general reassessment. Until the state conducted reassessment is
completed under this section, the reassessment duties of a reassessment
official in the county are limited to providing the department or a
contractor of the department the support and information requested by
the department or the contractor.
(g) Before assuming the duties of a county's reassessment officials,
the department shall transmit a copy of the department's order requiring
a state conducted reassessment to the county's reassessment officials,
the county fiscal body, the county auditor, and the county treasurer.
Notice of the department's actions must be published one (1) time in a
newspaper of general circulation
published in the county. The
department is not required to conduct a public hearing before taking
action under this section.
(h) Township and county officials in a county subject to an order
issued under this section shall, at the request of the department or the
department's contractor, make available and provide access to all:
(1) data;
(2) records;
(3) maps;
(4) parcel record cards;
(5) forms;
(6) computer software systems;
(7) computer hardware systems; and
(8) other information;
related to the reassessment of real property in the county. The
information described in this subsection must be provided at no cost to
the department or the contractor of the department. A failure to provide
information requested under this subsection constitutes a failure to
perform a duty related to a general reassessment and is subject to
IC 6-1.1-37-2.
(i) The department may enter into a contract with a professional
appraising firm to conduct a reassessment under this section. If a
county or a township located in the county entered into a contract with
a professional appraising firm to conduct the county's reassessment
before the department orders a state conducted reassessment in the
county under this section, the contract:
(1) is as valid as if it had been entered into by the department; and
(2) shall be treated as the contract of the department.
(j) After receiving the report of assessed values from the appraisal
firm acting under a contract described in subsection (i), the department
shall give notice to the taxpayer and the county assessor, by mail, of the
amount of the reassessment. The notice of reassessment:
(1) is subject to appeal by the taxpayer under section 37 of this
chapter; and
(2) must include a statement of the taxpayer's rights under section
37 of this chapter.
(k) The department shall forward a bill for services provided under
a contract described in subsection (i) to the auditor of the county in
which the state conducted reassessment occurs. The county shall pay
the bill under the procedures prescribed by subsection (l).
(l) A county subject to an order issued under this section shall pay
the cost of a contract described in subsection (i), without appropriation,
from the county's property reassessment fund. A contractor may
periodically submit bills for partial payment of work performed under
the contract. Notwithstanding any other law, a contractor is entitled to
payment under this subsection for work performed under a contract if
the contractor:
(1) submits to the department a fully itemized, certified bill in the
form required by IC 5-11-10-1 for the costs of the work performed
under the contract;
(2) obtains from the department:
(A) approval of the form and amount of the bill; and
(B) a certification that the billed goods and services have been
received and comply with the contract; and
(3) files with the county auditor:
(A) a duplicate copy of the bill submitted to the department;
(B) proof of the department's approval of the form and amount
of the bill; and
(C) the department's certification that the billed goods and
services have been received and comply with the contract.
The department's approval and certification of a bill under subdivision
(2) shall be treated as conclusively resolving the merits of a contractor's
claim. Upon receipt of the documentation described in subdivision (3),
the county auditor shall immediately certify that the bill is true and
correct without further audit, publish the claim as required by
IC 36-2-6-3, and submit the claim to the county executive. The county
executive shall allow the claim, in full, as approved by the department,
without further examination of the merits of the claim in a regular or
special session that is held not less than three (3) days and not more
than seven (7) days after the completion of the publication
requirements under IC 36-2-6-3. Upon allowance of the claim by the
county executive, the county auditor shall immediately issue a warrant
or check for the full amount of the claim approved by the department.
Compliance with this subsection constitutes compliance with section
28.5 of this chapter, IC 5-11-6-1, IC 5-11-10, and IC 36-2-6. The
determination and payment of a claim in compliance with this
subsection is not subject to remonstrance and appeal. IC 36-2-6-4(f)
and IC 36-2-6-9 do not apply to a claim submitted under this
subsection. IC 5-11-10-1.6(d) applies to a fiscal officer who pays a
claim in compliance with this subsection.
(m) Notwithstanding IC 4-13-2, a period of seven (7) days is
permitted for each of the following to review and act under IC 4-13-2
on a contract of the department entered into under this section:
(1) The commissioner of the Indiana department of
administration.
(2) The director of the budget agency.
(3) The attorney general.
(n) If the money in a county's property reassessment fund is
insufficient to pay for a reassessment conducted under this section, the
department may increase the tax rate and tax levy of the county's
property reassessment fund to pay the cost and expenses related to the
reassessment.
(o) The department or the contractor of the department shall use the
land values determined under section 13.6 of this chapter for a county
subject to an order issued under this section to the extent that the
department or the contractor finds that the land values reflect the true
tax value of land, as determined under this article and the rules of the
department. If the department or the contractor finds that the land
values determined for the county under section 13.6 of this chapter do
not reflect the true tax value of land, the department or the contractor
shall determine land values for the county that reflect the true tax value
of land, as determined under this article and the rules of the
department. Land values determined under this subsection shall be
used to the same extent as if the land values had been determined under
section 13.6 of this chapter. The department or the contractor of the
department shall notify the county's reassessment officials of the land
values determined under this subsection.
(p) A contractor of the department may notify the department if:
(1) a county auditor fails to:
(A) certify the contractor's bill;
(B) publish the contractor's claim;
(C) submit the contractor's claim to the county executive; or
(D) issue a warrant or check for payment of the contractor's
bill;
as required by subsection (l) at the county auditor's first legal
opportunity to do so;
(2) a county executive fails to allow the contractor's claim as
legally required by subsection (l) at the county executive's first
legal opportunity to do so; or
(3) a person or an entity authorized to act on behalf of the county
takes or fails to take an action, including failure to request an
appropriation, and that action or failure to act delays or halts
progress under this section for payment of the contractor's bill.
(q) The department, upon receiving notice under subsection (p)
from a contractor of the department, shall:
(1) verify the accuracy of the contractor's assertion in the notice
that:
(A) a failure occurred as described in subsection (p)(1) or
(p)(2); or
(B) a person or an entity acted or failed to act as described in
subsection (p)(3); and
(2) provide to the treasurer of state the department's approval
under subsection (l)(2)(A) of the contractor's bill with respect to
which the contractor gave notice under subsection (p).
(r) Upon receipt of the department's approval of a contractor's bill
under subsection (q), the treasurer of state shall pay the contractor the
amount of the bill approved by the department from money in the
possession of the state that would otherwise be available for
distribution to the county, including distributions from the property tax
replacement fund or distribution of admissions taxes or wagering taxes.
(s) The treasurer of state shall withhold from the money that would
be distributed under IC 4-33-12-6, IC 4-33-13-5, IC 6-1.1-21-4(b) or
any other law to a county described in a notice provided under
subsection (p) the amount of a payment made by the treasurer of state
to the contractor of the department under subsection (r). Money shall
be withheld first from the money payable to the county under
IC 6-1.1-21-4(b) and then from all other sources payable to the county.
(t) Compliance with subsections (p) through (s) constitutes
compliance with IC 5-11-10.
(u) IC 5-11-10-1.6(d) applies to the treasurer of state with respect
to the payment made in compliance with subsections (p) through (s).
This subsection and subsections (p) through (s) must be interpreted
liberally so that the state shall, to the extent legally valid, ensure that
the contractual obligations of a county subject to this section are paid.
Nothing in this section shall be construed to create a debt of the state.
(v) The provisions of this section are severable as provided in
IC 1-1-1-8(b).
(w) This section expires January 1, 2007.
SOURCE: IC 6-1.1-5.5-4.7; (05)IN1398.1.21. -->
SECTION 21. IC 6-1.1-5.5-4.7, AS AMENDED BY P.L.1-2004,
SECTION 10, AND AS AMENDED BY P.L.23-2004, SECTION 11,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 4.7. (a) The assessment training
fund is established for the purpose of receiving fees deposited under
section 4 of this chapter. Money in
the fund may be used by the
department of local government finance to cover expenses incurred in
the development and administration of programs for the training of
assessment officials and employees of the department, including the
examination and certification program required by IC 6-1.1-35.5. The
fund shall be administered by the treasurer of state.
(b) The expenses of administering the fund shall be paid from
money in the fund.
(c) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested. Interest that accrues
from these investments shall be deposited into the fund.
(d) Money in the fund at the end of a state fiscal year does not revert
to the state general fund.
SOURCE: IC 6-1.1-22.5-10; (05)IN1398.1.22. -->
SECTION 22. IC 6-1.1-22.5-10, AS ADDED BY P.L.1-2004,
SECTION 37, AND AS ADDED BY P.L.23-2004, SECTION 40, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 10. If a provisional statement
is used, the county treasurer shall give not notice of tax rates required
under IC 6-1.1-22-4 for the reconciling statement.
SOURCE: IC 6-1.1-28-2; (05)IN1398.1.23. -->
SECTION 23. IC 6-1.1-28-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. Before
performing any of
his the member's duties, each member of the county
property tax assessment board of appeals shall take and subscribe to the
following oath:
STATE OF INDIANA )
) SS:
COUNTY OF _______________ )
I, _________________, do solemnly swear that I will support the
Constitution of the United States, and the Constitution of the State of
Indiana, and that I will faithfully and impartially discharge my duty
under the law as a member of the Property Tax Assessment Board of
Appeals for said County; that I will, according to my best knowledge
and judgment, assess, and review the assessment of all the property of
said county, and I will in no case assess any property at more or less
than is provided by law, so help me God.
_________________________
Member of The Board
Subscribed and sworn to before me this ___ day of ___________,
19___. 20___.
_________________________
County Auditor
This oath shall be administered by and filed with the county auditor.
SOURCE: IC 6-2.5-4-11; (05)IN1398.1.24. -->
SECTION 24. IC 6-2.5-4-11, AS AMENDED BY P.L.81-2004,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 11. (a) A person is a retail merchant making
a retail transaction when the person furnishes cable television or radio
service or satellite television or radio service that terminates in Indiana.
(b) Notwithstanding subsection (a), a person is not a retail merchant
making a retail transaction when the person provides, installs,
constructs, services, or removes tangible personal property which is
used in connection with the furnishing of cable television or radio
service or satellite or radio television or radio service.
SOURCE: IC 6-3-2-2.6; (05)IN1398.1.25. -->
SECTION 25. IC 6-3-2-2.6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2.6. (a) This
section applies to a corporation or a nonresident person.
(b) Corporations and nonresident persons are entitled to a net
operating loss deduction. The amount of the deduction taken in a
taxable year may not exceed the taxpayer's unused Indiana net
operating losses carried back or carried over to that year.
(c) An Indiana net operating loss equals the taxpayer's federal net
operating loss for a taxable year as calculated under Section 172 of the
Internal Revenue Code, derived from sources within Indiana and
adjusted for the modifications required by IC 6-3-1-3.5.
(d) The following provisions apply for purposes of subsection (c):
(1) The modifications that are to be applied are those
modifications required under IC 6-3-1-3.5 for the same taxable
year in which each net operating loss was incurred.
(2) The amount of the taxpayer's net operating loss that is derived
from sources within Indiana shall be determined in the same
manner that the amount of the taxpayer's adjusted income derived
from sources within Indiana is determined under section 2 of this
chapter for the same taxable year during which each loss was
incurred.
(3) An Indiana net operating loss includes a net operating loss that
arises when the modifications required by IC 6-3-1-3.5 exceed the
taxpayer's federal taxable income (as defined in Section 63 of the
Internal Revenue Code), if the taxpayer is a corporation, or when
the modifications required by IC 6-3-1-3.5 exceed the taxpayer's
federal adjusted gross income (as defined by Section 62 of the
Internal Revenue Code), if the taxpayer is a nonresident person,
for the taxable year in which the Indiana net operating loss is
determined.
(e) Subject to the limitations contained in subsection (g), an Indiana
net operating loss carryback or carryover shall be available as a
deduction from the taxpayer's adjusted gross income derived from
sources within Indiana (as defined in section 2 of this chapter) in the
carryback or carryover year provided in subsection (f).
(f) Carrybacks and carryovers shall be determined under this
subsection as follows:
(1) An Indiana net operating loss shall be an Indiana net operating
loss carryback to each of the carryback years preceding the
taxable year of the loss.
(2) An Indiana net operating loss shall be an Indiana net operating
loss carryover to each of the carryover years following the taxable
year of the loss.
(3) Carryback years shall be determined by reference to the
number of years allowed for carrying back a net operating loss
under Section 172(b) of the Internal Revenue Code.
(4) Carryover years shall be determined by reference to the
number of years allowed for carrying over net operating losses
under Section 172(b) of the Internal Revenue Code.
(5) A taxpayer who makes an election under Section 172(b)(3) of
the Internal Revenue Code to relinquish the carryback period with
respect to a net operating loss for any taxable year shall be
considered to have also relinquished the carryback of the Indiana
net operating loss for purposes of this section.
(g) The entire amount of the Indiana net operating loss for any
taxable year shall be carried to the earliest of the taxable years to which
(as determined under subsection (f)) the loss may be carried. The
amount of the Indiana net operating loss remaining after the deduction
is taken under this section in a taxable year may be carried back or
carried over as provided in subsection (f). The amount of the Indiana
net operating loss carried back or carried over from year to year shall
be reduced to the extent that the Indiana net operating loss carryback
or carryover is used by the taxpayer to obtain a deduction in a taxable
year until the occurrence of the earlier of the following:
(1) The entire amount of the Indiana net operating loss has been
used as a deduction.
(2) The Indiana net operating loss has been carried over to each
of the carryover years provided by subsection (f).
(h) An Indiana net operating loss deduction determined under this
section shall be allowed notwithstanding the fact that in the year the
taxpayer incurred the net operating loss the taxpayer was not subject to
the tax imposed under section 1 of this chapter because the taxpayer
was:
(1) a life insurance company (as defined in Section 816(a) of the
Internal Revenue Code); or
(2) an insurance company subject to tax under Section 831 of the
Internal Revenue Code.
(i) In the case of a life insurance company that claims an operations
loss deduction under Section 810 of the Internal Revenue Code, this
section shall be applied by:
(1) substituting the corresponding provisions of Section 810 of the
Internal Revenue Code in place of references to Section 172 of
the Internal Revenue Code; and
(2) substituting life insurance company taxable income (as
defined in Section 801 the Internal Revenue Code) in place of
references to taxable income (as defined in Section 63 of the
Internal Revenue Code).
(j) For purposes of an amended return filed to carry back an Indiana
net operating loss:
(1) the term "due date of the return", as used in IC 6-8.1-9-1(a)(1),
means the due date of the return for the taxable year in which the
net operating loss was incurred; and
(2) the term "date the payment was due", as used in
IC 6-8.1-9-2(c), means the due date of the return for the taxable
year in which the net operating loss was incurred.
SOURCE: IC 6-8.1-9-1; (05)IN1398.1.26. -->
SECTION 26. IC 6-8.1-9-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) If a person
has paid more tax than the person determines is legally due for a
particular taxable period, the person may file a claim for a refund with
the department. Except as provided in subsections (f) and (g), in order
to obtain the refund, the person must file the claim with the department
within three (3) years after the latter of the following:
(1) The due date of the return.
(2) The date of payment.
For purposes of this section, the due date for a return filed for the state
gross retail or use tax, the gasoline tax, the special fuel tax, the motor
carrier fuel tax, the oil inspection fee, or the petroleum severance tax
is the end of the calendar year which contains the taxable period for
which the return is filed. The claim must set forth the amount of the
refund to which the person is entitled and the reasons that the person
is entitled to the refund.
(b) When the department receives a claim for refund, the
department shall consider the claim for refund and may hold a hearing
on the claim for refund to obtain and consider additional evidence.
After considering the claim and all evidence relevant to the claim, the
department shall issue a decision on the claim, stating the part, if any,
of the refund allowed and containing a statement of the reasons for any
part of the refund that is denied. The department shall mail a copy of
the decision to the person who filed the claim. If the department allows
the full amount of the refund claim, a warrant for the payment of the
claim is sufficient notice of the decision.
(c) If the person disagrees with any part of the department's
decision, the person may appeal the decision, regardless of whether or
not he protested the tax payment or whether or not the person has
accepted a refund. The person must file the appeal with the tax court.
The tax court does not have jurisdiction to hear a refund appeal suit, if:
(1) the appeal is filed more than three (3) years after the date the
claim for refund was filed with the department;
(2) the appeal is filed more than ninety (90) days after the date the
department mails the decision of denial to the person; or
(3) the appeal is filed both before the decision is issued and
before the one hundred eighty-first day after the date the person
files the claim for refund with the department.
(d) The tax court shall hear the appeal de novo and without a jury,
and after the hearing may order or deny any part of the appealed
refund. The court may assess the court costs in any manner that it feels
is equitable. The court may enjoin the collection of any of the listed
taxes under IC 33-26-6-2. The court may also allow a refund of taxes,
interest, and penalties that have been paid to and collected by the
department.
(e) With respect to the motor vehicle excise tax, this section applies
only to penalties and interest paid on assessments of the motor vehicle
excise tax. Any other overpayment of the motor vehicle excise tax is
subject to IC 6-6-5.
(f) If a taxpayer's federal income tax liability for a taxable year is
modified by the Internal Revenue Service, and the modification would
result in a reduction of the tax legally due, the due date by which the
taxpayer must file a claim for refund with the department is the later of:
(1) the date determined under subsection (a); or
(2) the date that is six (6) months after the date on which the
taxpayer is notified of the modification by the Internal Revenue
Service.
(g) If an agreement to extend the assessment time period is entered
into under IC 6-8.1-5-2(e) IC 6-8.1-5-2(f), the period during which a
person may file a claim for a refund under subsection (a) is extended
to the same date to which the assessment time period is extended.
SOURCE: IC 6-8.1-10-1; (05)IN1398.1.27. -->
SECTION 27. IC 6-8.1-10-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) If a person
fails to file a return for any of the listed taxes, fails to pay the full
amount of tax shown on his return by the due date for the return or the
payment, or incurs a deficiency upon a determination by the
department, the person is subject to interest on the nonpayment.
(b) The interest for a failure described in subsection (a) is the
adjusted rate established by the commissioner under subsection (c),
from the due date for payment. The interest applies to:
(1) the full amount of the unpaid tax due if the person failed to
file the return;
(2) the amount of the tax that is not paid, if the person filed the
return but failed to pay the full amount of tax shown on the return;
or
(3) the amount of the deficiency.
(c) The commissioner shall establish an adjusted rate of interest for
a failure described in subsection (a) and for an excess tax payment on
or before November 1 of each year. For purposes of subsection (b), the
adjusted rate of interest shall be the percentage rounded to the nearest
whole number that equals two (2) percentage points above the average
investment yield on state money for the state's previous fiscal year,
excluding pension fund investments, as published in the auditor of
state's comprehensive annual financial report. For purposes of
IC 6-8.1-9-2(c), the adjusted rate of interest for an excess tax payment
is the percentage rounded to the nearest whole number that equals the
average investment yield on state money for the state's previous fiscal
year, excluding pension fund investments, as published in the auditor
of state's comprehensive annual financial report. The adjusted rates of
interest established under this subsection shall take effect on January
1 of the immediately succeeding year.
(d) For purposes of this section, the filing of a substantially blank or
unsigned return does not constitute a return.
(e) Except as provided by IC 6-8.1-5-2(e)(2), The department may
not waive the interest imposed under this section.
(f) Subsections (a) through (c) do not apply to a motor carrier fuel
tax return.
SOURCE: IC 8-1-19.5-11; (05)IN1398.1.28. -->
SECTION 28. IC 8-1-19.5-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 11. (a) The 211
services account is established in the state general fund to make 211
services available throughout Indiana. The account shall be
administered by the commission.
(b) The account consists of the following:
(1) Money appropriated to the account by the general assembly.
(2) Funds received from the federal government for the support
of 211 services in Indiana.
(3) Investment earnings, including interest, on money in the
account.
(4) Money from any other source, including gifts and grants.
(c) Money in the account is continuously appropriated for the
purposes of this section.
(d) The commission shall annually prepare a plan for the
expenditure of the money in the account. The plan must be reviewed by
the state budget committee before the commission may make
expenditures from the fund.
(e) Money in the account may be spent for the following purposes:
(1) The creation of a structure for a statewide 211 resources data
base that:
(A) meets the Alliance for Information Referral Systems
standards for information and referral systems data bases; and
(B) is integrated with a local resources data base maintained
by a recognized 211 service provider.
Permissible expenditures under this subdivision include
expenditures for planning, training, accreditation, and system
evaluation.
(2) The development and implementation of a statewide 211
resources data base described in subdivision (1). Permissible
expenditures under this subdivision include expenditures for
planning, training, accreditation, and system evaluation.
(3) Collecting, organizing, and maintaining information from state
agencies, departments, and programs that provide human
services, for access by a recognized 211 service provider.
(4) Providing grants to a recognized 211 service provider for any
of the following purposes:
(A) The design, development, and implementation of 211
services in a recognized 211 service provider's 211 service
area. Funds provided under this subdivision may be used for
planning, public awareness, training, accreditation, and
evaluation.
(B) The provision of 211 services on an ongoing basis after the
design, development, and implementation of 211 services in
a recognized 211 service provider's 211 service area.
(C) The provision of 211 services on a twenty-four (24) hour
per day, seven (7) day per week basis.
(f) The expenses of administering the account shall be paid from
money in the account.
(g) The treasurer of state shall invest the money in the account not
currently needed to meet the obligations of the account in the same
manner as other public money may be invested.
(h) Money that is in the account under subsection (b)(2) through
(b)(4) at the end of a state a fiscal year does not revert to the state
general fund.
SOURCE: IC 8-1-19.5-12; (05)IN1398.1.29. -->
SECTION 29. IC 8-1-19.5-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 12. (a) The
commission shall, after June 30 and before November 1 of each year,
report to the general assembly on the following:
(1) The total amount of money deposited in the account during the
most recent state fiscal year.
(2) The amount of funds, if any, received from the federal
government during the most recent state fiscal year for the
support of 211 services in Indiana. The information provided
under this subdivision must include the amount of any matching
funds, broken down by source, contributed by any source to
secure the federal funds.
(3) The amount of money, if any, disbursed from the account for
the following:
(A) The creation of a structure for a statewide 211 resources
data base described in section 11(c)(1) section 11(e)(1) of this
chapter.
(B) The development and implementation of a statewide 211
resources data base described in section 11(c)(1) section
11(e)(1) of this chapter.
(C) Collecting, organizing, and maintaining information from
state agencies, departments, and programs that provide human
services, for access by a recognized 211 service provider.
The information provided under this subdivision must identify
any recognized 211 service provider or other organization that
received funds for the purposes set forth in this subdivision.
(4) The amount of money, if any, disbursed from the account as
grants to a recognized 211 service provider for any of the
purposes described in section 11(c)(4) section 11(e)(4) of this
chapter. The information provided under this subdivision must
identify the recognized 211 service provider that received the
grant and the amount and purpose of the grant received.
(5) The expenses incurred by the commission in complying with
this chapter during the most recent state fiscal year.
(6) The projected budget required by the commission to comply
with this chapter during the current state fiscal year.
(b) The report required under this section must be in an electronic
format under IC 5-14-6.
SOURCE: IC 8-1.5-3.5-1; (05)IN1398.1.30. -->
SECTION 30. IC 8-1.5-3.5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. As used in this
section, chapter, "unusually large bill" means a residential water bill
that reflects monthly water usage, in whatever units measured, that is
at least two (2) times the customer's average monthly usage at the
premises.
SOURCE: IC 8-1.5-3.5-2; (05)IN1398.1.31. -->
SECTION 31. IC 8-1.5-3.5-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. As used in this
section, chapter, "utility" refers to a water utility owned or operated by
a municipality.
SOURCE: IC 8-21-3-19.5; (05)IN1398.1.32. -->
SECTION 32. IC 8-21-3-19.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 19.5. (a) Each
person offering an aircraft for rental shall, at the time the aircraft is
rented, provide the renter of the aircraft with written notice of the
nature and extent of any insurance covering the aircraft as specified in
subsection (b).
(b) The form of the notice required by subsection (a) must be as
follows:
NOTICE OF INSURANCE COVERAGE
As a renter of aircraft, you are hereby notified that:
(1) You (are)(are not) (strike phrase not applicable) insured under
a policy or policies of insurance provided by the undersigned and
providing liability coverage to renters of aircraft. If coverage is
provided, it is in the amount of $ _____.
(a) The above insurance is subject to a deductible amount of $
_____.
(2) You (are)(are not) (strike phrase not applicable) insured for
hull damage to the aircraft. If hull insurance is provided, it is in
the amount of $ ____.
(a) The above insurance is subject to a deductible amount of $
____.
(3) Although insurance may be provided for liability or hull
coverage (or both), the undersigned's insurance carrier has full
rights to subrogate against you for any payments it may be
required to make on account of any damage or loss arising out of
your operation of the aircraft. It is suggested that you carry
insurance to protect you to partially or fully cover this possibility.
_________________________________________
(Signature of Person or Officer of
Company Renting Aircraft)
Dated _________________________,
19______ 20______
(Month) (Day) (Year)
I acknowledge receipt of this notice of insurance coverage.
Dated ________________________,
19______ 20______
(Month) (Day) (Year)
(c) The notice required by this section constitutes a part of a rental
agreement, whether written or oral. Each renter must provide written
acknowledgment of receipt of the notice.
(d) Receipt of notice under this section constitutes notice for a
subsequent rental of the same aircraft to the same person unless the
amount of insurance coverage has been reduced or eliminated (as
specified in the original notice), in which case a new notice is required.
(e) A person offering an aircraft for rental shall maintain a copy of
the notice provided to each renter for at least three (3) years from the
date of the last rental to that renter.
(f) A person offering an aircraft for rental who fails to provide
notice as required by this section commits a Class A infraction.
SOURCE: IC 8-23-9-12; (05)IN1398.1.33. -->
SECTION 33. IC 8-23-9-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 12. The bond
provided in this section must be in substantially the following form:
"KNOW ALL PERSONS BY THESE PRESENTS, THAT
___________________ as principal and ___________________ as
surety, are firmly bound unto the state of Indiana in the penal sum of
an amount equal to ____ percent of the principal's bid or the contract
price, if the proposal is accepted for the payment of which, well and
truly to be made, we bind ourselves, jointly and severally, and our joint
and several heirs, executors, administrators, and assigns, firmly by
these presents, this ____ day of _________, ____.
"THE CONDITIONS OF THE ABOVE OBLIGATIONS ARE
SUCH That, Whereas, the principal is herewith submitting a bid and
proposal for the erection, construction, and completion of
____________________ in accordance with the plans and
specifications approved and adopted by the department, which are
made a part of this bond:
"NOW, THEREFORE, if the department shall award the principal
the contract for work and the principal shall promptly enter into a
contract with the department in the name of the state of Indiana for the
work and shall well and faithfully do and perform the same in all
respects according to the plans and specifications adopted by the
department, and according to the time, terms, and conditions specified
in the contract to be entered into, and in accordance with all
requirements of law, and shall promptly pay all debts incurred by the
principal or any subcontractor in the construction of the work,
including labor, service, and materials furnished, then this obligation
shall be void; otherwise to remain in full force, virtue, and effect.
"IT IS AGREED that no modifications, omissions, or additions in
or to the terms of such contract or in or to the plans or specifications
therefor shall in any wise affect the obligation of such sureties on its
bond.
"IN WITNESS WHEREOF, we hereunto set our hands and seals
this ___ day of _________, 19__." 20__.".
SOURCE: IC 9-14-3-8; (05)IN1398.1.34. -->
SECTION 34. IC 9-14-3-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 8. (a) The bureau
may establish a driving record for an Indiana resident who does not
hold any type of valid driving license, as provided in IC 9-24-18-9.
(b) The bureau shall establish a driving license record for an
unlicensed driver when an abstract of court conviction is received by
the bureau, as provided in IC 9-24-18-9.
(c) A driving record under this section may not include voter
registration information.
SOURCE: IC 9-18-15-8; (05)IN1398.1.35. -->
SECTION 35. IC 9-18-15-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 8. (a) If a person
who has registered a vehicle and has been issued a personalized license
plate for use on a leased vehicle, and:
(1) the person cancels the lease; or
(2) the lease expires during the registration year;
the person may transfer the registration to another vehicle eligible to be
registered under this chapter.
(b) A transfer of a license plate under subsection (a) must take place
not more than thirty-one (31) days after the expiration of the lease.
(c) The bureau may reissue the license plate with the combination
of numerals and letters returned under subsection (a) upon receiving an
application for registration under this chapter.
SOURCE: IC 9-18-25-1.7; (05)IN1398.1.36. -->
SECTION 36. IC 9-18-25-1.7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1.7. Sections 14,
Section 15 and 16 of this chapter do does not apply to a college or
university special group recognition license plate.
SOURCE: IC 9-19-11-2; (05)IN1398.1.37. -->
SECTION 37. IC 9-19-11-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. (a) A person who:
(1) holds an Indiana driver's license; and
(2) operates a motor vehicle in which there is a child less than
eight (8) years of age who is not properly fastened and restrained
according to the child restraint system manufacturer's instructions
by a child restraint system;
commits a Class D infraction, unless it is reasonably determined that
the child will not fit in a child passenger restraint system.
(b) Notwithstanding IC 34-28-5-5(c), funds collected as judgments
for violations under this section shall be deposited in the child restraint
system account established by section 9 of this chapter.
SOURCE: IC 9-24-15-6.5; (05)IN1398.1.38. -->
SECTION 38. IC 9-24-15-6.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 6.5. (a) The court
shall grant a petition for a restricted driving permit filed under this
chapter if all of the following conditions exist:
(1) The person was not convicted of one (1) or more of the
following:
(A) A Class D felony under IC 9-30-5-4 before July 1, 1996,
or a Class D felony or a Class C felony under IC 9-30-5-4 after
June 30, 1996.
(B) A Class C felony under IC 9-30-5-5 before July 1, 1996, or
a Class C felony or a Class B felony under IC 9-30-5-5 after
June 30, 1996.
(2) The person's driving privileges were suspended under
IC 9-30-6-9(b) IC 9-30-6-9(c) or IC 35-48-4-15.
(3) The driving that was the basis of the suspension was not in
connection with the person's work.
(4) The person does not have a previous conviction for operating
while intoxicated.
(5) The person is participating in a rehabilitation program
certified by either the division of mental health and addiction or
the Indiana judicial center as a condition of the person's
probation.
(b) The person filing the petition for a restricted driving permit shall
include in the petition the information specified in subsection (a) in
addition to the information required by sections 3 through 4 of this
chapter.
(c) Whenever the court grants a person restricted driving privileges
under this chapter, that part of the court's order granting probationary
driving privileges shall not take effect until the person's driving
privileges have been suspended for at least thirty (30) days under
IC 9-30-6-9. In a county that provides for the installation of an ignition
interlock device under IC 9-30-8, installation of an ignition interlock
device is required as a condition of probationary driving privileges for
the entire duration of the probationary driving privileges.
(d) If a court requires installation of a certified ignition interlock
device under subsection (c), the court shall order the bureau to record
this requirement in the person's operating record in accordance with
IC 9-14-3-7. When the person is no longer required to operate only a
motor vehicle equipped with an ignition interlock device, the court
shall notify the bureau that the ignition interlock use requirement has
expired and order the bureau to update its records accordingly.
SOURCE: IC 9-24-15-9; (05)IN1398.1.39. -->
SECTION 39. IC 9-24-15-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 9. (a) Except as
provided in subsection (b) and section 6.5 of this chapter, an individual
may not receive a restricted driving permit if the individual's driving
privileges are suspended under IC 9-30-5 through IC 9-30-9 or
IC 9-30-13-3.
(b) If the individual's driving privileges are suspended under
IC 9-30-6-9(b) IC 9-30-6-9(c) and the individual does not have a
previous conviction for operating while intoxicated, the individual may
receive a restricted driving permit if the individual otherwise qualifies
for the permit.
SOURCE: IC 9-30-5-5; (05)IN1398.1.40. -->
SECTION 40. IC 9-30-5-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5. (a) A person
who causes the death of another person when operating a motor
vehicle:
(1) with an alcohol concentration equivalent to at least
eight-hundredths (0.08) gram of alcohol per:
(A) one hundred (100) milliliters of the person's blood; or
(B) two hundred ten (210) liters of the person's breath;
(2) with a controlled substance listed in schedule I or II of
IC 35-48-2 or its metabolite in the person's blood; or
(3) while intoxicated;
commits a Class C felony. However, the offense is a Class B felony if
the person has a previous conviction of operating while intoxicated
within the five (5) years preceding the commission of the offense, or if
the person operated the motor vehicle when the person knew that the
person's driver's license, driving privilege, or permit is suspended or
revoked for a previous conviction for operating a vehicle while
intoxicated.
(b) A person at least twenty-one (21) years of age who causes the
death of another person when operating a motor vehicle:
(1) with an alcohol concentration equivalent to at least
fifteen-hundredths (0.15) gram of alcohol per:
(A) one hundred (100) milliliters of the person's blood; or
(B) two hundred ten (210) liters of the person's breath; or
(2) with a controlled substance listed in schedule I or II of
IC 35-48-4 IC 35-48-2 or its metabolite in the person's blood;
commits a Class B felony.
(c) A person who violates subsection (a) or (b) commits a separate
offense for each person whose death is caused by the violation of
subsection (a) or (b).
(d) It is a defense under subsection (a)(2) or subsection (b)(2) that
the accused person consumed the controlled substance under a valid
prescription or order of a practitioner (as defined in IC 35-48-1) who
acted in the course of the practitioner's professional practice.
SOURCE: IC 9-30-5-14; (05)IN1398.1.41. -->
SECTION 41. IC 9-30-5-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 14. (a) A person
whose driving privileges are suspended under section 10 of this
chapter:
(1) is entitled to credit for any days during which the license was
suspended under IC 9-30-6-9(b); IC 9-30-6-9(c); and
(2) may not receive any credit for days during which the person's
driving privileges were suspended under IC 9-30-6-9(a).
IC 9-30-6-9(b).
(b) A period of suspension of driving privileges imposed under
section 10 of this chapter must be consecutive to any period of
suspension imposed under IC 9-30-6-9(a). IC 9-30-6-9(b). However,
if the court finds in the sentencing order that it is in the best interest of
society, the court may terminate all or any part of the remaining
suspension under IC 9-30-6-9(a). IC 9-30-6-9(b).
SOURCE: IC 9-30-6-10; (05)IN1398.1.42. -->
SECTION 42. IC 9-30-6-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 10. (a) A person
against whom an ignition interlock device order has been issued under
section 8.5 of this chapter or whose driving privileges have been
suspended under section 9 of this chapter is entitled to a prompt
judicial hearing. The person may file a petition that requests a hearing:
(1) in the court where the charges with respect to the person's
operation of a vehicle are pending; or
(2) if charges with respect to the person's operation of a vehicle
have not been filed, in any court of the county where the alleged
offense or refusal occurred that has jurisdiction over crimes
committed in violation of IC 9-30-5.
(b) The petition for review must:
(1) be in writing;
(2) be verified by the person seeking review; and
(3) allege specific facts that contradict the facts alleged in the
probable cause affidavit.
(c) The hearing under this section shall be limited to the following
issues:
(1) Whether the arresting law enforcement officer had probable
cause to believe that the person was operating a vehicle in
violation of IC 9-30-5.
(2) Whether the person refused to submit to a chemical test
offered by a law enforcement officer.
(d) If the court finds:
(1) that there was no probable cause; or
(2) that the person's driving privileges were suspended under
section 9(a) section 9(b) of this chapter and that the person did
not refuse to submit to a chemical test;
the court shall order the bureau to rescind the ignition interlock device
requirement or reinstate the person's driving privileges.
(e) The prosecuting attorney of the county in which a petition has
been filed under this chapter shall represent the state on relation of the
bureau with respect to the petition.
(f) The petitioner has the burden of proof by a preponderance of the
evidence.
(g) The court's order is a final judgment appealable in the manner
of civil actions by either party. The attorney general shall represent the
state on relation of the bureau with respect to the appeal.
SOURCE: IC 9-30-6-13.5; (05)IN1398.1.43. -->
SECTION 43. IC 9-30-6-13.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 13.5. Whenever a
case filed under IC 9-30-5 is terminated in favor of the defendant and
the defendant's driving privileges were suspended under section 9(b)
section 9(c) of this chapter, the bureau shall remove any record of the
suspension, including the reason for suspension, from the defendant's
official driving record.
SOURCE: IC 9-30-6-16; (05)IN1398.1.44. -->
SECTION 44. IC 9-30-6-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 16. The bureau
certificate must contain the following information and may be
substantially in the following form:
BUREAU OF MOTOR VEHICLES
CERTIFICATE
Date of Arrest Time Driver's License No. License State
a.m.
/ / p.m.
Name: (first) (M.I.) (last) Date of Birth
/ /
CURRENT Address (street, city, state, zip)
Court Code Cause Number Sex Weight Height Eyes Hair
The above motorist BUREAU USE ONLY
REFUSED alcohol test
FAILED alcohol test 0.%
Court Determination
It has been determined there was probable cause the defendant violated
IC 9-30-5 this ___________ day of ________________,
19__ 20__
and that charges are pending herein.
_____________________ Court
______________________ County
____________________________
SOURCE: IC 9-30-6-18; (05)IN1398.1.45. -->
SECTION 45. IC 9-30-6-18 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 18. (a) A person
against whom an ignition interlock device order has been issued under
section 8.5 of this chapter or whose driving privileges have been
suspended under section 9(b) section 9(c) of this chapter is entitled to
rescission of the ignition interlock device requirement or reinstatement
of driving privileges if the following occur:
(1) After a request for an early trial is made by the person at the
initial hearing on the charges, a trial or other disposition of the
charges for which the person was arrested under IC 9-30-5 is not
held within ninety (90) days after the date of the person's initial
hearing on the charges.
(2) The delay in trial or disposition of the charges is not due to the
person arrested under IC 9-30-5.
(b) A person who desires rescission of the ignition interlock device
requirement or reinstatement of driving privileges under this section
must file a verified petition in the court where the charges against the
petitioner are pending. The petition must allege the following:
(1) The date of the petitioner's arrest under IC 9-30-5.
(2) The date of the petitioner's initial hearing on the charges filed
against the petitioner under IC 9-30-5.
(3) The date set for trial or other disposition of the matter.
(4) A statement averring the following:
(A) That the petitioner requested an early trial of the matter at
the petitioner's initial hearing on the charges filed against the
petitioner under IC 9-30-5.
(B) The trial or disposition date set by the court is at least
ninety (90) days after the date of the petitioner's initial hearing
on the charges filed against the petitioner under IC 9-30-5.
(C) The delay in the trial or disposition is not due to the
petitioner.
(c) Upon the filing of a petition under this section, the court shall
immediately examine the record of the court to determine whether the
allegations in the petition are true.
(d) If the court finds the allegations of a petition filed under this
section are true, the court shall order rescission of the ignition interlock
device requirement or reinstatement of the petitioner's driving
privileges under section 11 of this chapter. The reinstatement must not
take effect until ninety (90) days after the date of the petitioner's initial
hearing.
SOURCE: IC 9-30-9-7.5; (05)IN1398.1.46. -->
SECTION 46. IC 9-30-9-7.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7.5. (a) A person
commits a Class B infraction if the person:
(1) operates a motor vehicle without a functioning certified
ignition interlock device; and
(2) is prohibited from operating a motor vehicle unless the motor
vehicle is equipped with a functioning certified ignition interlock
device under section 5(d) 5(c) or 7(d) 7(c) of this chapter.
(b) A person commits a Class B misdemeanor if the person:
(1) operates a motor vehicle without a functioning certified
ignition interlock device; and
(2) knows the person is prohibited from operating a motor vehicle
unless the motor vehicle is equipped with a functioning certified
ignition interlock device under section 5(d) 5(c) or 7(d) 7(c) of
this chapter.
SOURCE: IC 10-18-2-12; (05)IN1398.1.47. -->
SECTION 47. IC 10-18-2-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 12. The county
executive shall:
(1) provide a fund as is necessary for the:
(A) management;
(B) maintenance;
(C) repair; and
(D) improvement;
of any county world war memorial;
(2) pay its part of the cost of:
(A) management;
(B) maintenance;
(C) repair; and
(D) improvement;
of any joint county and city world war memorial, as determined
by contract; and
(3) raise money for the fund by taxation in the manner as provided
by law for all other county expenses.
SOURCE: IC 11-13-5-1; (05)IN1398.1.48. -->
SECTION 48. IC 11-13-5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. Where
supervision of a parolee or probationer is being administered under
IC 11-13-4
or IC 11-13-4.5, the appropriate judicial or administrative
authorities in this state shall notify the compact administrator of the
sending state whenever, in their view, consideration should be given to
retaking or reincarceration for a parole or probation violation. Prior to
the giving of the notification, a hearing shall be held in accordance
with this chapter within a reasonable time, unless the hearing is waived
by the parolee or probationer. The appropriate officer or officers of this
state shall as soon as practicable, following termination of the hearing,
report to the sending state, furnish a copy of the hearing record, and
make recommendations regarding the disposition to be made of the
parolee or the probationer by the sending state. Pending any proceeding
pursuant to this section, the appropriate officers of this state may take
custody of and detain the parolee or probationer involved for a period
not to exceed fifteen (15) days prior to the hearing and, if it appears to
the hearing officer or officers that retaking or reincarceration is likely
to follow, for such reasonable period after the hearing or waiver as may
be necessary to arrange for the retaking or reincarceration.
SOURCE: IC 12-7-2-64; (05)IN1398.1.49. -->
SECTION 49. IC 12-7-2-64 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 64. "Director"
refers to the following:
(1) With respect to a particular division, the director of the
division.
(2) With respect to a particular state institution, the director who
has administrative control of and responsibility for the state
institution.
(3) For purposes of IC 12-10-15, the term refers to the director of
the division of disabilities, disability, aging, and rehabilitative
services.
(4) For purposes of IC 12-25, the term refers to the director of the
division of mental health and addiction.
(5) For purposes of IC 12-26, the term:
(A) refers to the director who has administrative control of and
responsibility for the appropriate state institution; and
(B) includes the director's designee.
(6) If subdivisions (1) through (5) do not apply, the term refers to
the director of any of the divisions.
SOURCE: IC 12-13-7-1; (05)IN1398.1.50. -->
SECTION 50. IC 12-13-7-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. The division
shall administer the following:
(1) The Community Services Block Grant under 42 U.S.C. 9901
et seq.
(2) The Low Income Home Energy Assistance Block Grant under
42 U.S.C. 8621 et seq.
(3) The United States Department of Energy money under 42
U.S.C. 6851 et seq.
(4) The domestic violence prevention and treatment fund under
IC 12-18-4.
(5) The Child Care and Development Block Grant under 42
U.S.C. 658 et seq. 42 U.S.C. 9858 et seq.
(6) Title IV-B of the federal Social Security Act under 42 U.S.C.
620 et seq.
(7) Title IV-E of the federal Social Security Act under 42 U.S.C.
670 et seq.
(8) The federal Food Stamp Program under 7 U.S.C. 2011 et seq.
(9) The Social Services Block Grant under 42 U.S.C. 1397 et seq.
(10) Title IV-A of the federal Social Security Act.
(11) Any other funding source:
(A) designated by the general assembly; or
(B) available from the federal government under grants that
are consistent with the duties of the division.
SOURCE: IC 12-13-7-2; (05)IN1398.1.51. -->
SECTION 51. IC 12-13-7-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. The division is
the single state agency responsible for administering the following:
(1) The Child Care and Development Block Grant under 42
U.S.C. 658 et seq. 42 U.S.C. 9858 et seq. The division shall apply
to the United States Department of Health and Human Services
for a grant under the Child Care Development Block Grant.
(2) Title IV-B of the federal Social Security Act under 42 U.S.C.
620 et seq.
(3) Title IV-E of the federal Social Security Act under 42 U.S.C.
670 et seq.
(4) The federal Food Stamp Program under 7 U.S.C. 2011 et seq.
(5) The federal Social Services Block Grant under 42 U.S.C. 1397
et seq.
SOURCE: IC 12-15-2-0.5; (05)IN1398.1.52. -->
SECTION 52. IC 12-15-2-0.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 0.5. (a) This
section applies to a person who qualifies for assistance:
(1) under sections 13 through 16 of this chapter;
(2) under section 6 of this chapter when the person becomes
ineligible for medical assistance under IC 12-14-2-5.1 or
IC 12-14-2-5.3; or
(2) (3) as a disabled person if the person is less than eighteen (18)
years of age and otherwise qualifies for assistance.
(b) Notwithstanding any other law, the following may not be
construed to limit health care assistance to a person described in
subsection (a):
(1) IC 12-8-1-13.
(2) IC 12-14-1-1.
(3) IC 12-14-1-1.5.
(4) IC 12-14-2-5.1.
(5) IC 12-14-2-5.2.
(6) IC 12-14-2-5.3.
(7) IC 12-14-2-17.
(8) IC 12-14-2-18.
(9) IC 12-14-2-20.
(10) IC 12-14-2-21.
(11) IC 12-14-2-22.
(12) IC 12-14-2-24.
(13) IC 12-14-2-25.
(14) IC 12-14-2-26.
(15) IC 12-14-2.5.
(16) IC 12-14-5.5.
(17) Section 21 of this chapter.
(18) IC 12-15-5-3.
SOURCE: IC 12-15-19-10; (05)IN1398.1.53. -->
SECTION 53. IC 12-15-19-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 10.
(a) For the state
fiscal year beginning July 1, 1999, and ending June 30, 2000, the state
shall pay providers as follows:
(1) The state shall make disproportionate share provider payments
to municipal disproportionate share providers qualifying under
IC 12-15-16-1(b) until the state exceeds the state disproportionate
share allocation (as defined in 42 U.S.C. 1396r-4(f)(2)).
(2) After the state makes all payments under subdivision (1), if
the state fails to exceed the state disproportionate share allocation
(as defined in 42 U.S.C. 1396r-4(f)(2)), or the state limit on
disproportionate share expenditures for institutions for mental
diseases (as defined in 42 U.S.C. 1396r-4(h)), the state shall make
community mental health center disproportionate share provider
payments to providers qualifying under IC 12-15-16-1(c). The
total paid to the qualified community mental health center
disproportionate share providers under section 9(a) of this
chapter, including the amount of expenditures certified as being
eligible for federal financial participation under
IC 12-15-18-5.1(e), must be at least six million dollars
($6,000,000).
(3) After the state makes all payments under subdivision (2), if
the state fails to exceed the state disproportionate share allocation
(as defined in 42 U.S.C. 1396r-4(f)(2)), the state shall make
disproportionate share provider payments to providers qualifying
under IC 12-15-16-1(a).
(b) For state fiscal years beginning after June 30, 2000, the state
shall pay providers as follows:
(1) The state shall make municipal disproportionate share
provider payments to providers qualifying under IC 12-15-16-1(b)
until the state exceeds the state disproportionate share allocation
(as defined in 42 U.S.C. 1396r-4(f)(2)).
(2) After the state makes all payments under subdivision (1), if
the state fails to exceed the state disproportionate share allocation
(as defined in 42 U.S.C. 1396r-4(f)(2)), the state shall make
disproportionate share provider payments to providers qualifying
under IC 12-15-16-1(a).
(3) After the state makes all payments under subdivision (2), if
the state fails to exceed the state disproportionate share allocation
(as defined in 42 U.S.C. 1396r-4(f)(2)), or the state limit on
disproportionate share expenditures for institutions for mental
diseases (as defined in 42 U.S.C. 1396r-4(h)), the state shall make
community mental health center disproportionate share provider
payments to providers qualifying under IC 12-15-16-1(c).
SOURCE: IC 12-15-35-28; (05)IN1398.1.54. -->
SECTION 54. IC 12-15-35-28, AS AMENDED BY P.L.28-2004,
SECTION 104, AND AS AMENDED BY P.L.97-2004, SECTION 51,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 28. (a) The board has the
following duties:
(1) The adoption of rules to carry out this chapter, in accordance
with the provisions of IC 4-22-2 and subject to any office
approval that is required by the federal Omnibus Budget
Reconciliation Act of 1990 under Public Law 101-508 and its
implementing regulations.
(2) The implementation of a Medicaid retrospective and
prospective DUR program as outlined in this chapter, including
the approval of software programs to be used by the pharmacist
for prospective DUR and recommendations concerning the
provisions of the contractual agreement between the state and any
other entity that will be processing and reviewing Medicaid drug
claims and profiles for the DUR program under this chapter.
(3) The development and application of the predetermined criteria
and standards for appropriate prescribing to be used in
retrospective and prospective DUR to ensure that such criteria
and standards for appropriate prescribing are based on the
compendia and developed with professional input with provisions
for timely revisions and assessments as necessary.
(4) The development, selection, application, and assessment of
interventions for physicians, pharmacists, and patients that are
educational and not punitive in nature.
(5) The publication of an annual report that must be subject to
public comment before issuance to the federal Department of
Health and Human Services and to the Indiana legislative council
by December 1 of each year. The report
issued to the legislative
council must be in an electronic format under IC 5-14-6.
(6) The development of a working agreement for the board to
clarify the areas of responsibility with related boards or agencies,
including the following:
(A) The Indiana board of pharmacy.
(B) The medical licensing board of Indiana.
(C) The SURS staff.
(7) The establishment of a grievance and appeals process for
physicians or pharmacists under this chapter.
(8) The publication and dissemination of educational information
to physicians and pharmacists regarding the board and the DUR
program, including information on the following:
(A) Identifying and reducing the frequency of patterns of
fraud, abuse, gross overuse, or inappropriate or medically
unnecessary care among physicians, pharmacists, and
recipients.
(B) Potential or actual severe or adverse reactions to drugs.
(C) Therapeutic appropriateness.
(D) Overutilization or underutilization.
(E) Appropriate use of generic drugs.
(F) Therapeutic duplication.
(G) Drug-disease contraindications.
(H) Drug-drug interactions.
(I) Incorrect drug dosage and duration of drug treatment.
(J) Drug allergy interactions.
(K) Clinical abuse and misuse.
(9) The adoption and implementation of procedures designed to
ensure the confidentiality of any information collected, stored,
retrieved, assessed, or analyzed by the board, staff to the board, or
contractors to the DUR program that identifies individual
physicians, pharmacists, or recipients.
(10) The implementation of additional drug utilization review
with respect to drugs dispensed to residents of nursing facilities
shall not be required if the nursing facility is in compliance with
the drug regimen procedures under 410 IAC 16.2-3-8 and 42 CFR
483.60.
(11) The research, development, and approval of a preferred drug
list for:
(A) Medicaid's fee for service program;
(B) Medicaid's primary care case management program; and
(C) the primary care case management component of the
children's health insurance program under IC 12-17.6;
in consultation with the therapeutics committee.
(12) The approval of the review and maintenance of the preferred
drug list at least two (2) times per year.
(13) The preparation and submission of a report concerning the
preferred drug list at least two (2) times per year to the select joint
commission on Medicaid oversight established by IC 2-5-26-3.
(14) The collection of data reflecting prescribing patterns related
to treatment of children diagnosed with attention deficit disorder
or attention deficit hyperactivity disorder.
(15) Advising the Indiana comprehensive health insurance
association established by IC 27-8-10-2.1 concerning
implementation of chronic disease management and
pharmaceutical management programs under IC 27-8-10-3.5.
(b) The board shall use the clinical expertise of the therapeutics
committee in developing a preferred drug list. The board shall also
consider expert testimony in the development of a preferred drug list.
(c) In researching and developing a preferred drug list under
subsection (a)(11), the board shall do the following:
(1) Use literature abstracting technology.
(2) Use commonly accepted guidance principles of disease
management.
(3) Develop therapeutic classifications for the preferred drug list.
(4) Give primary consideration to the clinical efficacy or
appropriateness of a particular drug in treating a specific medical
condition.
(5) Include in any cost effectiveness considerations the cost
implications of other components of the state's Medicaid program
and other state funded programs.
(d) Prior authorization is required for coverage under a program
described in subsection (a)(11) of a drug that is not included on the
preferred drug list.
(e) The board shall determine whether to include a single source
covered outpatient drug that is newly approved by the federal Food and
Drug Administration on the preferred drug list not later than sixty (60)
days after the date on which the manufacturer notifies the board in
writing of the drug's approval. However, if the board determines that
there is inadequate information about the drug available to the board
to make a determination, the board may have an additional sixty (60)
days to make a determination from the date that the board receives
adequate information to perform the board's review. Prior authorization
may not be automatically required for a single source drug that is newly
approved by the federal Food and Drug Administration, and that is:
(1) in a therapeutic classification:
(A) that has not been reviewed by the board; and
(B) for which prior authorization is not required; or
(2) the sole drug in a new therapeutic classification that has not
been reviewed by the board.
(f) The board may not exclude a drug from the preferred drug list
based solely on price.
(g) The following requirements apply to a preferred drug list
developed under subsection (a)(11):
(1) Except as provided by IC 12-15-35.5-3(b) and
IC 12-15-35.5-3(c), the office or the board may require prior
authorization for a drug that is included on the preferred drug list
under the following circumstances:
(A) To override a prospective drug utilization review alert.
(B) To permit reimbursement for a medically necessary brand
name drug that is subject to generic substitution under
IC 16-42-22-10.
(C) To prevent fraud, abuse, waste, overutilization, or
inappropriate utilization.
(D) To permit implementation of a disease management
program.
(E) To implement other initiatives permitted by state or federal
law.
(2) All drugs described in IC 12-15-35.5-3(b) must be included on
the preferred drug list.
(3) The office may add a drug that has been approved by the
federal Food and Drug Administration to the preferred drug list
without prior approval from the board.
(4) The board may add a drug that has been approved by the
federal Food and Drug Administration to the preferred drug list.
(h) At least two (2) times each year, the board shall provide a report
to the select joint commission on Medicaid oversight established by
IC 2-5-26-3. The report must contain the following information:
(1) The cost of administering the preferred drug list.
(2) Any increase in Medicaid physician, laboratory, or hospital
costs or in other state funded programs as a result of the preferred
drug list.
(3) The impact of the preferred drug list on the ability of a
Medicaid recipient to obtain prescription drugs.
(4) The number of times prior authorization was requested, and
the number of times prior authorization was:
(A) approved; and
(B) disapproved.
(i) The board shall provide the first report required under subsection
(h) not later than six (6) months after the board submits an initial
preferred drug list to the office.
SOURCE: IC 12-17-2-26; (05)IN1398.1.55. -->
SECTION 55. IC 12-17-2-26 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 26. (a) The Title
IV-D agency shall provide incentive payments to counties for enforcing
and collecting the support rights that have been assigned to the state.
The incentive payments shall be made by the Title IV-D agency
directly to the county and deposited in the county treasury for
distribution on a quarterly basis and in equal shares to the following:
(1) The county general fund.
(2) The operating budget of the prosecuting attorney.
(3) The operating budget of the circuit court clerk.
(b) Notwithstanding IC 36-2-5-2(b), distribution from the county
treasury under subsection (a) shall be made without the necessity of
first obtaining an appropriation from the county fiscal body.
(c) The amount that a county receives and the terms under which the
incentive payment is paid must be in accordance with 42 U.S.C. 658
and 42 U.S.C. 658A relevant federal statutes and the federal
regulations promulgated under the statutes. However, amounts received
as incentive payments may not, without the approval of the county
fiscal body, be used to increase or supplement the salary of an elected
official. The amounts received as incentive payments must be used to
supplement, rather than take the place of, other funds used for Title
IV-D program activities.
SOURCE: IC 13-11-2-17; (05)IN1398.1.56. -->
SECTION 56. IC 13-11-2-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 17. (a) "Board",
except as provided in subsections (b) through (j), (i), refers to:
(1) the air pollution control board;
(2) the water pollution control board; or
(3) the solid waste management board.
(b) "Board", for purposes of IC 13-13-6, refers to the northwest
Indiana advisory board.
(c) "Board", for purposes of IC 13-17, refers to the air pollution
control board.
(d) "Board", for purposes of IC 13-18, refers to the water pollution
control board.
(e) "Board", for purposes of:
(1) IC 13-19;
(2) IC 13-20;
(3) IC 13-22;
(4) IC 13-23, except IC 13-23-11;
(5) IC 13-24; and
(6) IC 13-25;
refers to the solid waste management board.
(f) "Board", for purposes of IC 13-21, refers to the board of directors
of a solid waste management district.
(g) "Board", for purposes of IC 13-23-11, refers to the underground
storage tank financial assurance board.
(h) "Board", for purposes of IC 13-26, refers to the board of trustees
of a regional water, sewage, or solid waste district.
(i) "Board", for purposes of IC 13-27 and IC 13-27.5, refers to the
clean manufacturing technology board.
SOURCE: IC 13-11-2-61; (05)IN1398.1.57. -->
SECTION 57. IC 13-11-2-61 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 61. "Dredged
material", for purposes of this chapter, and IC 13-18-22, means
material that is dredged or excavated from an isolated wetland.
SOURCE: IC 13-18-22-2; (05)IN1398.1.58. -->
SECTION 58. IC 13-18-22-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) The board
may adopt rules under IC 4-22-2 and IC 13-14 not later than February
1, 2005, to implement the part of the definition of Class I wetland
under IC 13-11-2-25.8(1)(B). IC 13-11-2-25.8(a)(1)(B).
(b) Before the adoption of rules by the board under subsection (a),
the department shall determine the class of a wetland in a manner
consistent with the definitions of Class I, II, and III wetlands in
IC 13-11-2-25.8.
(c) The classification of an isolated wetland that is based on the
level of disturbance of the wetland by human activity or development
may be improved to a higher numeric class if an action is taken to
restore the isolated wetland, in full or in part, to the conditions that
existed on the isolated wetland before the disturbance occurred.
SOURCE: IC 14-30-4-6; (05)IN1398.1.59. -->
SECTION 59. IC 14-30-4-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 6. (a) Subject to
subsection (b), The upper Wabash River basin commission is
established as a separate municipal corporation.
(b) If less than all of the executives of the counties that include
territory within the upper Wabash River basin elect to participate in the
commission before January 1, 2002, the commission expires on
January 1, 2002.
SOURCE: IC 16-38-4-8; (05)IN1398.1.60. -->
SECTION 60. IC 16-38-4-8, AS AMENDED BY P.L.17-2004,
SECTION 6, AND AS AMENDED BY P.L.28-2004, SECTION 138,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 8. (a) The state department
shall establish a birth problems registry for the purpose of recording all
cases of birth problems that occur in Indiana residents and compiling
necessary and appropriate information concerning those cases, as
determined by the state department, in order to:
(1) conduct epidemiologic and environmental studies and to apply
appropriate preventive and control measures;
(2) inform the parents of children with birth problems:
(A) at the time of discharge from the hospital; or
(B) if a birth problem is diagnosed during a physician or
hospital visit that occurs before the child is:
(i) except as provided in item (ii), three (3) years of age at
the time of diagnosis; or
(ii) five (5) years of age at the time of diagnosis if the
disorder is a pervasive developmental disorder or a fetal
alcohol spectrum disorder; two (2) years of age, at the time
of diagnosis;
about physicians, care facilities, and appropriate community
resources, including local step ahead agencies and the infants and
toddlers with disabilities program (IC 12-17-15); or
(3) inform citizens regarding programs designed to prevent or
reduce birth problems.
(b) The state department shall record in the birth problems registry:
(1) all data concerning birth problems of children that are
provided from the certificate of live birth; and
(2) any additional information that may be provided by an
individual or entity described in section 7(a)(2) of this chapter
concerning a birth problem that is:
(A) designated in a rule adopted by the state department; and
(B) recognized:
(i) after the child is discharged from the hospital as a
newborn; and
(ii) before the child is two (2) five (5) years of age if the
child is diagnosed with a pervasive developmental disorder
or a fetal alcohol spectrum disorder; and
(iii) before the child is three (3) years of age for any
diagnosis not specified in item (ii).
(c) The state department shall:
(1) provide a physician and a local health department with
necessary forms for reporting under this chapter; and
(2) report in an electronic format under IC 5-14-6 to the
legislative council any birth problem trends that are identified
through the data collected under this chapter.
SOURCE: IC 16-42-19-27; (05)IN1398.1.61. -->
SECTION 61. IC 16-42-19-27 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 27. (a) A person
who knowingly violates this chapter, except sections 24 and 25(c)
25(b) of this chapter, commits a Class D felony. However, the offense
is a Class C felony if the person has a prior conviction under this
subsection or IC 16-6-8-10(a) before its repeal.
(b) A person who violates section 24 of this chapter commits a Class
B misdemeanor.
(c) A person who violates section 25(b) of this chapter commits
dealing in an anabolic steroid, a Class C felony. However, the offense
is a Class B felony if the person delivered the anabolic steroid to a
person who is:
(1) less than eighteen (18) years of age; and
(2) at least three (3) years younger than the delivering person.
SOURCE: IC 16-46-6-4; (05)IN1398.1.62. -->
SECTION 62. IC 16-46-6-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. (a) The council
consists of the following twenty-one (21) members:
(1) Two (2) members of the house of representatives from
different political parties appointed by the speaker of the house of
representatives.
(2) Two (2) members of the senate from different political parties
appointed by the president pro tempore of the senate.
(3) The governor or the governor's designee.
(4) The state health commissioner or the commissioner's
designee.
(5) The director of the division of family and children or the
director's designee.
(6) The director of the office of Medicaid policy and planning or
the director's designee.
(7) The director of the division of mental health and addiction or
the director's designee.
(8) The commissioner of the department of correction or the
commissioner's designee.
(9) One (1) representative of a local health department
appointed
by the governor.
(10) One (1) representative of a public health care facility
appointed by the governor.
(11) One (1) psychologist appointed by the governor who:
(A) is licensed to practice psychology in Indiana; and
(B) has knowledge and experience in the special health needs
of minorities.
(12) One (1) member appointed by the governor based on the
recommendation of the Indiana State Medical Association.
(13) One (1) member appointed by the governor based on the
recommendation of the National Medical Association.
(14) One (1) member appointed by the governor based on the
recommendation of the Indiana Hospital and Health Association.
(15) One (1) member appointed by the governor based on the
recommendation of the American Cancer Society.
(16) One (1) member appointed by the governor based on the
recommendation of the American Heart Association.
(17) One (1) member appointed by the governor based on the
recommendation of the American Diabetes Association.
(18) One (1) member appointed by the governor based on the
recommendation of the Black Nurses Association.
(19) One (1) member appointed by the governor based on the
recommendation of the Indiana Minority Health Coalition.
(b) At least fifty-one percent (51%) of the members of the council
must be minorities.
SOURCE: IC 22-3-12-2; (05)IN1398.1.63. -->
SECTION 63. IC 22-3-12-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. When any
compensable injury requires the filing of a first report of injury by an
employer, the employer's worker's compensation insurance carrier or
the self-insured employer shall forward a copy of the report to the
central office of the division of disability, aging, and rehabilitative
services, rehabilitative rehabilitation services bureau at the earlier of
the following occurrences:
(1) When the compensable injury has resulted in temporary total
disability of longer than twenty-one (21) days. (2) When it appears
that the compensable injury may be of such a nature as to
permanently prevent the injured employee from returning to the
injured employee's previous employment.
SOURCE: IC 24-4.5-7-103; (05)IN1398.1.64. -->
SECTION 64. IC 24-4.5-7-103 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 103. The following
definitions apply to this chapter:
"Small loan" Section 7-104
"Principal" Section 7-105
"Check" Section 7-106
"Renewal" Section 7-107
"Consecutive small loan" Section 7-108
"Paid in full" Section 7-109
"Monthly net gross income" Section 7-110
SOURCE: IC 24-5-8-6; (05)IN1398.1.65. -->
SECTION 65. IC 24-5-8-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 6. (a) The seller
shall put every contract in writing and shall give the investor a copy of
the contract at the time the investor signs the contract.
(b) The seller shall include in every contract the following:
(1) The seller's business address and the name and business
address of the seller's agent in this state authorized to receive
service of process.
(2) The terms and conditions of payment.
(3) A detailed description of any services that the seller
undertakes to perform for the investor.
(4) A detailed description of any training that the seller
undertakes to provide to the investor.
(5) The approximate delivery date of any goods the seller is to
deliver to the investor.
(6) A statement of the investor's right to cancel that must:
(A) appear under the conspicuous caption, "INVESTOR'S
RIGHT TO CANCEL WITHIN 30 DAYS"; and
(B) contain the following statement in no smaller type than the
body portion of the contract: "THE INVESTOR IN THIS
BUSINESS OPPORTUNITY HAS THE RIGHT TO CANCEL
THIS CONTRACT FOR ANY REASON AT ANY TIME
BEFORE MIDNIGHT OF THE 30TH CALENDAR DAY
AFTER THIS CONTRACT IS ENTERED INTO. YOU MAY
CANCEL THIS CONTRACT BY MAILING A NOTICE
THAT YOU DO NOT WANT THE BUSINESS
OPPORTUNITY TO THE SELLER BEFORE __________,
19__ 20__ AT 12:00 MIDNIGHT AT _______________.".
(c) Subsection (b)(6) does not apply to a contract entered into by a
substantial seller, unless required by the consumer protection division
of the office of the attorney general for good cause shown after notice.
SOURCE: IC 25-1-6-8; (05)IN1398.1.66. -->
SECTION 66. IC 25-1-6-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 8. (a) The bureau
licensing agency and the boards may allow the department of state
revenue access to the name of each person who:
(1) is licensed under this chapter; or
(2) has applied for a license under this chapter.
(b) If the department of state revenue notifies the bureau licensing
agency that a person is on the most recent tax warrant list, the bureau
licensing agency may not issue or renew the person's license until:
(1) the person provides to the bureau licensing agency a
statement from the department of revenue that the person's
delinquent tax liability has been satisfied; or
(2) the bureau licensing agency receives a notice from the
commissioner of the department of state revenue under
IC 6-8.1-8-2(k).
SOURCE: IC 25-1-12-3; (05)IN1398.1.67. -->
SECTION 67. IC 25-1-12-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. As used in this
chapter, "armed forces of the United States" means the active or reserve
components of:
(1) the Army;
(2) the Navy;
(3) the Air Force;
(4) the Coast Guard;
(5) the Marine Corp; Corps; or
(6) the Merchant Marine.
SOURCE: IC 25-1-12-6; (05)IN1398.1.68. -->
SECTION 68. IC 25-1-12-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 6. (a)
Notwithstanding any other law, a practitioner who is called to active
duty out of state and meets the requirements of subsection (b) is
entitled to an extension of time described in subsection (c) to:
(1) renew; and
(2) complete the continuing education required by;
the practitioner's license, certificate, registration, or permit.
(b) The practitioner must meet the following requirements to receive
the extension of time provided under subsection (a):
(1) On the date the practitioner enters active duty, the
practitioner's license, certificate, registration, or permit may not
be revoked, suspended, lapsed, or be the subject of a complaint
under IC 25-1-7.
(2)
The practitioner's license, certificate, registration, or
permit must expire while the practitioner is out of state on active
duty,
(A) the practitioner's license, certificate, registration, or
permit must expire; and
(B) the practitioner must not have
received the notice of expiration before the date the practitioner
entered active duty.
(3) The practitioner shall provide proof of out of state active duty
by providing a copy of the practitioner's:
(A) discharge; or
(B) government movement orders;
to the agency,
board, commission, or committee issuing the
practitioner's license, certificate, registration, or permit at the time
the practitioner renews the practitioner's license, certificate,
registration, or permit under this chapter.
(c) The extension of time provided under subsection (a) is equal to
one hundred eighty (180) days after the date of the practitioner's
discharge or release from active duty.
(d) The agency,
or board,
commission, or committee that issued
the practitioner's license, certificate, registration, or permit may extend
the period provided in subsection (c) if the agency or board determines
that an illness, an injury, or a disability related to the practitioner's
active duty prevents the practitioner from renewing or completing the
continuing education required for the practitioner's license, certificate,
registration, or permit. However, the agency, board, commission, or
committee may not extend the period for longer than three hundred
sixty-five (365) days after the date of the practitioner's discharge or
release from active duty.
SOURCE: IC 25-28.5-1-7; (05)IN1398.1.69. -->
SECTION 69. IC 25-28.5-1-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7. The commission
shall do the following:
(1) Adopt a seal with the words "Indiana Plumbing Commission"
and such other device as may be selected by which it shall
authenticate the acts of the commission. Copies of all records and
papers, when certified by the secretary and issued under the seal
of the commission, shall be received in evidence in all cases
equally and with like effect as the original commission records.
(2) Prescribe the form of licenses and issue the same under its
seal. All such licenses, while in force, shall be under the
supervision and control of the commission.
(3) Issue licenses as plumbing contractors and journeymen
plumbers, to any person who qualifies and complies with the
provisions of this chapter and pay required license fees.
(6) (4) Adopt rules in accordance with IC 4-22-2 which establish
standards for the competent practice of plumbing.
SOURCE: IC 25-28.5-1-8; (05)IN1398.1.70. -->
SECTION 70. IC 25-28.5-1-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 8. The commission
may:
(1) Adopt and promulgate rules and regulations for its guidance
and for the regulation of its business and procedure consistent
with the provisions of this chapter and in the manner provided in
IC 4-22-2.
(2) Enter into such other contracts and authorize expenditures as
its duties require, subject to the provisions of this chapter and
IC 25-1-6.
(4) (3) Do all things necessary for carrying into effect the
provisions of this chapter.
SOURCE: IC 25-29-3-4; (05)IN1398.1.71. -->
SECTION 71. IC 25-29-3-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. An applicant
who satisfies the requirements under this chapter may take the
examination under IC 25-9-4. IC 25-29-4.
SOURCE: IC 25-29-5-1; (05)IN1398.1.72. -->
SECTION 72. IC 25-29-5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) The board
may issue a license to an applicant who pays a fee established by the
board and who presents satisfactory evidence to the board that the
applicant:
(1) meets the requirements under IC 25-9-3-1; IC 25-29-3-1;
(2) is licensed in a state, territory, or possession of the United
States;
(3) has passed a podiatric medical licensing examination that is
substantially equivalent to the examination under IC 25-9-3;
IC 25-29-4; and
(4) has practiced podiatric medicine for at least five (5) years.
(b) The board may require an applicant under this section to do the
following:
(1) Personally appear before the board.
(2) Pass a medical examination, approved by the board, if at least
ten (10) years have elapsed since the applicant passed a medical
licensing examination.
SOURCE: IC 25-29-5-3; (05)IN1398.1.73. -->
SECTION 73. IC 25-29-5-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. The board may
issue a limited license to an applicant who pays a fee established by the
board and who presents satisfactory evidence to the board that the
applicant:
(1) except for the requirements under IC 25-9-3-1(3)
IC 25-29-3-1(3) and IC 25-9-1(4), IC 25-29-3-1(4), meets the
requirements under IC 25-9-3-1; IC 25-29-3-1;
(2) meets the requirements established by the board; and
(3) is enrolled in a graduate training program in an institution that
is approved by the board.
SOURCE: IC 25-34.1-1-2; (05)IN1398.1.74. -->
SECTION 74. IC 25-34.1-1-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. As used in this
article:
(1) "Person" means an individual, a partnership, a corporation, or
a limited liability company.
(2) "Commission" means the Indiana real estate commission.
(3) "Real estate" means any right, title, or interest in real property.
(4) "Broker" means a person who, for consideration, sells, buys,
trades, exchanges, options, leases, rents, manages, lists, or
appraises real estate or negotiates or offers to perform any of
those acts.
(5) "Salesperson" means an individual, other than a broker, who,
for consideration and in association with and under the auspices
of a broker, sells, buys, trades, exchanges, options, leases, rents,
manages, or lists real estate or negotiates or offers to perform any
of those acts.
(6) "Broker-salesperson" means an individual broker who is
acting in association with and under the auspices of another
broker.
(7) "Principal broker" means a broker who is not acting as a
broker-salesperson.
(8) "License" means a broker or salesperson license issued under
this article and which is not expired, suspended, or revoked.
(9) "Licensee" means a person who holds a license issued under
this article. The term does not include a person who holds a real
estate appraiser license or certificate issued under the real estate
appraiser licensure and certification program established under
IC 25-34.1-3-8.
(10) "Course approval" means approval of a broker or salesperson
course granted under this article which is not expired, suspended,
or revoked.
(11) "Licensing agency" means the Indiana professional licensing
agency established by IC 25-1-6-3.
(12) "Board" refers to the real estate appraiser licensure and
certification board established under IC 25-34.1-8-1.
(13) "Commercial real estate" means a parcel of real estate other
than real estate containing one (1) to four (4) residential units.
This term does not include single family residential units such as:
(1) (A) condominiums;
(2) (B) townhouses;
(3) (C) manufactured homes; or
(4) (D) homes in a subdivision;
when sold, leased, or otherwise conveyed on a unit-by-unit basis,
even if those units are part of a larger building or parcel of real
estate containing more than four (4) residential units.
(14) "Out-of-state commercial broker" includes a person, a
partnership, an association, a limited liability company, a limited
liability partnership, or a corporation that is licensed to do
business as a broker in a jurisdiction other than Indiana.
(15) "Out-of-state commercial salesperson" includes a person
affiliated with an out-of-state commercial broker who is not
licensed as a salesperson under this article.
SOURCE: IC 27-8-10-2.3; (05)IN1398.1.75. -->
SECTION 75. IC 27-8-10-2.3, AS AMENDED BY P.L.28-2004,
SECTION 168, AND AS AMENDED BY P.L.51-2004, SECTION 3,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 2.3. (a) A member shall, not
later than October 31 of each year, certify an independently audited
report to the:
(1) association;
(2) legislative council; and
(3) department of insurance;
of the amount of tax credits taken against assessments by the member
under section 2.1(n)(1) of this chapter during the previous calendar
year. A report certified under this section to the legislative council
must be in an electronic format under IC 5-14-6.
(b) A member shall, not later than October 31 of each year, certify
an independently audited report to the association of the amount of
assessments paid by the member against which a tax credit has not
been taken under section 2.1 (as in effect December 31, 2004) or 2.4
of this chapter as of the date of the report.
SOURCE: IC 27-10-2-10; (05)IN1398.1.76. -->
SECTION 76. IC 27-10-2-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 10. (a)
Recognizances for the appearance of prisoners shall in all cases and in
all courts be in writing, be taken with at least one (1) resident freehold
surety or be secured by a surety company, and be substantially in the
following form:
STATE OF INDIANA )
) SS:
COUNTY OF _________________ )
State of Indiana.
vs.
John Doe
We, A B and C D, jointly and severally acknowledge ourselves bound
to the state of Indiana in ______ dollars. If A B (the prisoner) shall
appear on the ____ day of ________,
19___, 20___, in the
___________ court, to answer a charge of (here state the offense) and
from day to day and from term to term thereof, and abide the order of
the court until the cause is determined and not depart therefrom without
leave, then this recognizance shall be void, else to remain in full force.
If the above named defendant does not appear at any time fixed in this
bond, the court shall order CD (the surety) to produce the defendant.
The court shall mail notice of this order to CD, the surety at
__________ and __________ in __________ county and state of
Indiana. If the surety does not produce the defendant, and does not pay
all costs and late surrender fees in compliance with IC 27-10-2-12, the
court shall, three hundred sixty-five (365) days after the mailing of the
above notice to the surety, declare the bond forfeited, enter judgment
forthwith against the surety, and certify the judgment to the clerk for
record. Such forfeiture shall be without pleadings and without change
of judge or change of venue. The obligors on such bond may appeal to
the ruling of the court and appeal to the court of appeals as in other
civil cases, and on appeal the evidence may be reviewed. Execution
shall issue forthwith to the sheriff against the properties of each of us
to be levied as other executions are levied.
Witness our hand and seals this ___ day of _________, 19___.
20___.
A B __________ (SEAL)
C D __________ (SEAL)
taken and approved this ___ day of _________, 19___. 20___.
_____________________________
(Officer taking surety)
Affidavits shall be taken from each personal surety substantially
as follows:
State of Indiana )
County of ______________)
I, C D, being duly sworn, on oath say, that I am worth in my personal
rights and name, over and above all debts and liabilities of any and
every kind, not less than _______ dollars, and that I possess real estate
in my own name, located in the above-named county, which is worth
over and above all encumbrances and liens, more than ______ dollars;
that I am surety on the following recognizance bonds and none other,
aggregating the total amount of ________ to-wit: (Here name bonds
and amounts, if any) ________, And that I am not surety on any
recognizance bond of any kind in any court which bond has been
forfeited which judgment remains unpaid.
C D _______________ (SEAL)
Subscribed and sworn to before me, this ___ day of __________,
19___. 20___.
_________________________________
(Officer administering oath)
(b) Printed forms of the above bonds shall be kept by all clerks of
court that are authorized by law to admit prisoners to bail and shall be
supplied by the clerks to sheriffs.
(c) For the purposes of this article, a cause is determined when a:
(1) judgment of conviction or acquittal is entered for a
misdemeanor;
(2) judgment is withheld in a misdemeanor case;
(3) judgment of acquittal is entered in a felony case;
(4) sentence is imposed in a felony case; or
(5) defendant has been ordered or admitted to a diversion program.
SOURCE: IC 29-1-7.5-1.5; (05)IN1398.1.77. -->
SECTION 77. IC 29-1-7.5-1.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1.5. (a) As soon as
letters testamentary or letters of administration have been issued, the
clerk of the court shall serve by mail notice of the petition on each of
the decedent's heirs at law, if the decedent died intestate, or the
devisees and legatees under the decedent's will. The mailing of notice
under this subsection may not be waived.
(b) The notice required under subsection (a) shall read substantially
as follows:
NOTICE OF UNSUPERVISED ADMINISTRATION TO BE
MAILED TO A DISTRIBUTEE
In the _________ Court of _________ County, Indiana.
Notice is hereby given that ____________, on the _____ day of
________,
19__, 20__, was appointed as the personal representative of
the estate of ______________, who died on the ____ day of
__________,
19__, 20__, {leaving a will} {not leaving a will}. The
estate will be administered without court supervision.
As an heir, a devisee, or a legatee of the estate (a "distributee"), you
are advised of the following information:
(1) The personal representative has the authority to take actions
concerning the estate without first consulting you.
(2) The personal representative may be serving without posting a
bond with the court. You have the right to petition the court to set
a bond for your protection.
(3) The personal representative will not obtain court approval of
any action, including the amount of attorney's or personal
representative's fees.
(4) Within two (2) months after the appointment of the personal
representative, the personal representative must prepare an
inventory of the estate's assets. You have the right to request and
receive a copy of this inventory from the personal representative.
(5) The personal representative is required to furnish you with a
copy of the closing statement that will be filed with the court, and,
if your interests are affected, with a full account in writing of the
administration of the estate.
(6) You must file an objection to the closing statement within three
(3) months after the closing statement is filed with the court if you
want the court to consider your objection.
(7) If an objection to the closing statement is not filed with the
court within three (3) months after the filing of the closing
statement, the estate is closed and the court does not have a duty
to audit or make an inquiry.
IF, AT ANY TIME BEFORE THE ESTATE IS CLOSED, YOU
HAVE REASON TO BELIEVE THAT THE ADMINISTRATION OF
THE ESTATE SHOULD BE SUPERVISED BY THE COURT, YOU
HAVE THE RIGHT TO PETITION THE COURT FOR SUPERVISED
ADMINISTRATION.
IF YOU DO NOT UNDERSTAND THIS NOTICE, YOU SHOULD
ASK YOUR ATTORNEY TO EXPLAIN IT TO YOU.
The personal representative's address is ____________, and
telephone number is ___________. The attorney for the personal
representative is _______________, whose address is
_______________ and telephone number is _________.
Dated at _____________, Indiana, this _____ day of
_______________, 19__. 20__.
CLERK OF THE _______________ COURT
SOURCE: IC 31-16-12.5-4; (05)IN1398.1.78. -->
SECTION 78. IC 31-16-12.5-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. (a) A court that
receives a petition under section 1 section 2 of this chapter shall send
an order requiring the department of state revenue to determine the
obligor's eligibility for a state income tax refund, whether the obligor
filed a joint state income tax return, and if the obligor filed a joint state
income tax return, the name and address of the individual with whom
the obligor filed the joint state income tax return, if the court
preliminarily determines that probable cause exists to believe that the
obligor named in the petition:
(1) was at least one thousand five hundred dollars ($1,500) in
arrears on child support payments at the time the custodial parent
filed the petition under section 2 of this chapter; and
(2) has intentionally violated the terms of the most recent support
order.
(b) The department of state revenue, upon receiving an order under
subsection (a), shall notify the court whether the obligor named in the
order:
(1) is eligible for a state income tax refund; and
(2) has filed a joint state income tax return, and if the obligor has
filed a joint state income tax return, the name and address of the
individual with whom the obligor filed the joint state income tax
return.
SOURCE: IC 31-34-1-1; (05)IN1398.1.79. -->
SECTION 79. IC 31-34-1-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. A child is a child
in need of services if before the child becomes eighteen (18) years of
age:
(1) the child's physical or mental condition is seriously impaired or
seriously endangered as a result of the inability, refusal, or neglect
of the child's parent, guardian, or custodian to supply the child with
necessary food, clothing, shelter, medical care, education, or
supervision; and
(2) the child needs care, treatment, or rehabilitation that: the child:
(A) the child is not receiving; and
(B) is unlikely to be provided or accepted without the coercive
intervention of the court.
SOURCE: IC 31-34-1-2; (05)IN1398.1.80. -->
SECTION 80. IC 31-34-1-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) A child is a
child in need of services if before the child becomes eighteen (18)
years of age:
(1) the child's physical or mental health is seriously endangered
due to injury by the act or omission of the child's parent, guardian,
or custodian; and
(2) the child needs care, treatment, or rehabilitation that: the child:
(A) the child is not receiving; and
(B) is unlikely to be provided or accepted without the coercive
intervention of the court.
(b) Evidence that the illegal manufacture of a drug or controlled
substance is occurring on property where a child resides creates a
rebuttable presumption that the child's physical or mental health is
seriously endangered.
SOURCE: IC 31-34-1-4; (05)IN1398.1.81. -->
SECTION 81. IC 31-34-1-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. A child is a child
in need of services if before the child becomes eighteen (18) years of
age:
(1) the child's parent, guardian, or custodian allows the child to
participate in an obscene performance (as defined by IC 35-49-2-2
or IC 35-49-3-2); and
(2) the child needs care, treatment, or rehabilitation that: the child:
(A) the child is not receiving; and
(B) is unlikely to be provided or accepted without the coercive
intervention of the court.
SOURCE: IC 31-34-1-5; (05)IN1398.1.82. -->
SECTION 82. IC 31-34-1-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5. A child is a child
in need of services if before the child becomes eighteen (18) years of
age:
(1) the child's parent, guardian, or custodian allows the child to
commit a sex offense prohibited by IC 35-45-4; and
(2) the child needs care, treatment, or rehabilitation that: the child:
(A) the child is not receiving; and
(B) is unlikely to be provided or accepted without the coercive
intervention of the court.
SOURCE: IC 31-34-1-6; (05)IN1398.1.83. -->
SECTION 83. IC 31-34-1-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 6. A child is a child
in need of services if before the child becomes eighteen (18) years of
age:
(1) the child substantially endangers the child's own health or the
health of another individual; and
(2) the child needs care, treatment, or rehabilitation that: the child:
(A) the child is not receiving; and
(B) is unlikely to be provided or accepted without the coercive
intervention of the court.
SOURCE: IC 31-34-1-7; (05)IN1398.1.84. -->
SECTION 84. IC 31-34-1-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7. A child is a child
in need of services if before the child becomes eighteen (18) years of
age:
(1) the child's parent, guardian, or custodian fails to participate in
a disciplinary proceeding in connection with the student's improper
behavior, as provided for by IC 20-8.1-5.1-19, if the behavior of
the student has been repeatedly disruptive in the school; and
(2) the child needs care, treatment, or rehabilitation that: the child:
(A) the child is not receiving; and
(B) is unlikely to be provided or accepted without the coercive
intervention of the court.
SOURCE: IC 31-34-1-11; (05)IN1398.1.85. -->
SECTION 85. IC 31-34-1-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 11. Except as
provided in sections 12 and 13 of this chapter, a child is a child in need
of services if:
(1) the child:
(A) has an injury;
(B) has abnormal physical or psychological development; or
(C) is at a substantial risk of a life threatening condition;
that arises or is substantially aggravated because the child's mother
used alcohol, a controlled substance, or a legend drug during
pregnancy; and
(2) the child needs care, treatment, or rehabilitation that: the child:
(A) the child is not receiving; or
(B) is unlikely to be provided or accepted without the coercive
intervention of the court.
SOURCE: IC 31-40-2-1.7; (05)IN1398.1.86. -->
SECTION 86. IC 31-40-2-1.7 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1.7. (a) A person may pay a monthly
probation user's fee under section 1 or 1.5 of this chapter before
the date the payment is required to be made without obtaining the
prior approval of a court or a probation department. However, if
a delinquent child is discharged from probation before the date the
delinquent child was scheduled to be released from probation, any
monthly probation user's fee paid in advance for the delinquent
child may not be refunded.
(b) A probation department may petition a court to:
(1) impose a probation user's fee on a person; or
(2) increase a person's probation user's fee;
under section 1 or 1.5 of this chapter if the financial ability of the
person to pay a probation user's fee changes while the person is on
probation.
(c) An order to pay a probation user's fee under section 1 or 1.5
of this chapter:
(1) is a judgment lien that:
(A) attaches to the property of the person subject to the
order;
(B) may be perfected;
(C) may be enforced to satisfy any payment that is
delinquent under section 1 or 1.5 of this chapter; and
(D) expires;
in the same manner as a judgment lien created in a civil
proceeding;
(2) is not discharged by the completion of the person's
probationary period or other sentence imposed on the person;
and
(3) is not discharged by the liquidation of a person's estate by
a receiver under IC 32-30-5.
(d) A delinquent child placed on probation for more than one (1)
delinquent act:
(1) may be required to pay more than one (1) initial probation
user's fee; and
(2) may not be required to pay more than one (1) monthly
probation user's fee per month;
to either the probation department or the clerk of the court.
(e) If a court orders a person to pay a probation user's fee under
section 1 or 1.5 of this chapter, the court may garnish the wages,
salary, and other income earned by the person to enforce the order.
(f) If:
(1) a person is delinquent in paying the person's probation
user's fees required under section 1 or 1.5 of this chapter; and
(2) the person's driver's license or permit has been suspended
or revoked or the person has never been issued a driver's
license or permit;
the court may order the bureau of motor vehicles to not issue a
driver's license or permit to the person until the person has paid
the person's delinquent probation user's fees.
SOURCE: IC 32-25-1-2; (05)IN1398.1.87. -->
SECTION 87. IC 32-25-1-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) The
following are subject to this article and to declarations and bylaws of
associations of co-owners adopted under this article:
(1) Condominium unit owners.
(2) Tenants of condominium unit owners.
(3) Employees of condominium unit owners.
(4) Employees of tenants of condominium owners.
(5) Any other persons that in any manner use property or any part
of property submitted to this article.
(b) All agreements, decisions, and determinations lawfully made by
an association of co-owners in accordance with the voting percentages
established in:
(1) this chapter; article;
(2) the declaration; or
(3) the bylaws;
are binding on all condominium unit owners.
SOURCE: IC 32-25-2-5; (05)IN1398.1.88. -->
SECTION 88. IC 32-25-2-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5. "Common
expenses" means:
(1) all sums lawfully assessed against the co-owners by the
association of co-owners;
(2) expenses of:
(A) administration;
(B) maintenance;
(C) repair; or
(D) replacement;
of the common areas and facilities;
(3) expenses agreed upon as common expenses by the association
of co-owners; and
(4) expenses declared common expenses by:
(A) this chapter; article;
(B) the declaration; or
(C) the bylaws.
SOURCE: IC 32-25-2-7; (05)IN1398.1.89. -->
SECTION 89. IC 32-25-2-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7. "Condominium"
means real estate:
(1) lawfully subjected to this chapter article by the recordation of
condominium instruments; and
(2) with respect to which the undivided interests in the common
areas and facilities are vested in the condominium unit owners.
SOURCE: IC 32-29-1-11; (05)IN1398.1.90. -->
SECTION 90. IC 32-29-1-11, AS AMENDED BY P.L.122-2003,
SECTION 1, AND AS AMENDED BY P.L.151-2003, SECTION 2, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 11. (a) This chapter does not
limit:
(1) the right to assign, mortgage, or pledge the rents and profits
arising from real estate;
(2) the right of an assignee, a mortgagee, or a pledgee to collect
rents and profits for application in accordance with an assignment,
a mortgage, or a pledge; or
(3) the power of a court of equity to appoint a receiver to take
charge of real estate to collect rents and profits for application in
accordance with an assignment, a mortgage, or a pledge.
(b) A person may enforce an assignment, a mortgage, or a pledge of
rents and profits arising from real property:
(1) whether the person has or does not have possession of the real
estate; and
(2) regardless of the:
(A) adequacy of the security; or
(B) solvency of the assignor, mortgagor, or pledgor.
(c) If a person:
(1) enforces an assignment, a mortgage, or a pledge of rents and
profits arising from real estate; and
(2) does not have possession of the real estate;
the obligations of a mortgagee in possession of real estate may not be
imposed on the holder of the assignment, mortgage, or pledge.
(d) Except for those instances involving liens defined in
IC 32-28-3-1, a mortgagee seeking equitable subrogation with respect
to a lien may not be denied equitable subrogation solely because:
(1) the mortgagee:
(A) is engaged in the business of lending; and
(B) had constructive notice of the intervening lien over which
the mortgagee seeks to assert priority;
(2) the lien for which the mortgagee seeks to be subrogated was
released; or
(3) the mortgagee obtained a title insurance policy.
(e) Subsection (d) does not apply to a municipal sewer lien under
IC 36-9-23 or a mechanic's lien under IC 32-28-3-1.
SOURCE: IC 33-28-4-7; (05)IN1398.1.91. -->
SECTION 91. IC 33-28-4-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7. (a) The circuit
court shall appoint a person to fill a vacancy, or to act for a jury
commissioner, as the case may require, if:
(1) a vacancy occurs in the office of jury commissioner;
(2) a jury commissioner fails to act when required; or
(3) illness or any other cause renders a jury commissioner unable
to act.
(b) A person appointed under subsection (a):
(1) must possess the qualifications required for jury
commissioners;
(2) must be an adherent of the same political party as is the
commissioner in whose stead the person is appointed to serve; and
(3) shall take the oath required by this chapter.
(c) For the time actually employed in the performance of jury
commissioner's duties, each jury commissioner shall be allowed a per
diem to be fixed by the court and paid out of the county treasury upon
the warrant of the county auditor.
SOURCE: IC 33-28-4-8; (05)IN1398.1.92. -->
SECTION 92. IC 33-28-4-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 8. (a) A person
shall be excused from acting as a juror if the person:
(1) is at least sixty-five (65) years of age;
(2) is a member in active service of the armed forces of the United
States;
(3) is an elected or appointed official of the executive, legislative,
or judicial branches of government of:
(A) the United States;
(B) Indiana; or
(C) a unit of local government;
who is actively engaged in the performance of the person's official
duties;
(4) is a member of the general assembly who makes the request to
be excused before being sworn as a juror;
(5) is an honorary military staff officer appointed by the governor
under IC 10-16-2-5;
(6) is an officer or enlisted person of the guard reserve forces
authorized by the governor under IC 10-16-8;
(7) is a veterinarian licensed under IC 15-5-1.1;
(8) is serving as a member of the board of school commissioners
of the city of Indianapolis under IC 20-3-11-2;
(9) is a dentist licensed under IC 25-14-1;
(10) is a member of a police or fire department or company under
IC 36-8-3 or IC 36-8-12; or
(11) would serve as a juror during a criminal trial and the person
is:
(A) an employee of the department of correction whose duties
require contact with inmates confined in a department of
correction facility; or
(B) the spouse or child of a person described in clause (A);
and desires to be excused for that reason.
(b) A prospective juror is disqualified to serve on a jury if any of the
following conditions exist:
(1) The person is not a citizen of the United States, at least
eighteen (18) years of age, and a resident of the county.
(2) The person is unable to read, speak, and understand the English
language with a degree of proficiency sufficient to fill out
satisfactorily a juror qualification form.
(3) The person is incapable of rendering satisfactory jury service
due to physical or mental disability. However, a person claiming
this disqualification may be required to submit a physician's or
authorized Christian Science practitioner's certificate confirming
the disability, and the certifying physician or practitioner is then
subject to inquiry by the court at the court's discretion.
(4) The person is under a sentence imposed for an offense.
(5) A guardian has been appointed for the person under IC 29-3
because the person has a mental incapacity.
(6) The person has had rights revoked by reason of a felony
conviction and the rights have not been restored.
(c) A person may not serve as a petit juror in any county if the person
served as a petit juror in the same county within the previous three
hundred sixty-five (365) days. The fact that a person's selection as a
juror would violate this subsection is sufficient cause for challenge.
(d) A grand jury, a petit jury, or an individual juror drawn for service
in one (1) court may serve in another court of the county, in accordance
with orders entered on the record in each of the courts.
(e) The same petit jurors may be used in civil cases and in criminal
cases.
(f) A person may not be excluded from jury service on account of
race, color, religion, sex, national origin, or economic status.
(g) Notwithstanding IC 35-47-2, IC 35-47-2.5, or the restoration of
the right to serve on a jury under this section and except as provided in
subsections
(c), (h), (d), (i), and (l), a person who has been convicted
of a crime of domestic violence (as defined in IC 35-41-1-6.3) may not
possess a firearm:
(1) after the person is no longer under a sentence imposed for an
offense; or
(2) after the person has had the person's rights restored following
a conviction.
(h) Not earlier than five (5) years after the date of conviction, a
person who has been convicted of a crime of domestic violence (as
defined in IC 35-41-1-6.3) may petition the court for restoration of the
person's right to possess a firearm. In determining whether to restore
the person's right to possess a firearm, the court shall consider the
following factors:
(1) Whether the person has been subject to:
(A) a protective order;
(B) a no contact order;
(C) a workplace violence restraining order; or
(D) any other court order that prohibits the person from
possessing a firearm.
(2) Whether the person has successfully completed a substance
abuse program, if applicable.
(3) Whether the person has successfully completed a parenting
class, if applicable.
(4) Whether the person still presents a threat to the victim of the
crime.
(5) Whether there is any other reason why the person should not
possess a firearm, including whether the person failed to complete
a specified condition under subsection (i) or whether the person
has committed a subsequent offense.
(i) The court may condition the restoration of a person's right to
possess a firearm upon the person's completion of specified conditions.
(j) If the court denies a petition for restoration of the right to possess
a firearm, the person may not file a second or subsequent petition until
one (1) year has elapsed.
(k) A person has not been convicted of a crime of domestic violence
for purposes of subsection (h) if the conviction has been expunged or
if the person has been pardoned.
(l) The right to possess a firearm shall be restored to a person whose
conviction is reversed on appeal or on post-conviction review at the
earlier of the following:
(1) At the time the prosecuting attorney states on the record that
the charges that gave rise to the conviction will not be refiled.
(2) Ninety (90) days after the final disposition of the appeal or the
post-conviction proceeding.
SOURCE: IC 33-30-2-1; (05)IN1398.1.93. -->
SECTION 93. IC 33-30-2-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) A county
court is established in each county, except in the following counties:
(1) Floyd County.
(2) Madison County.
(3) Montgomery County.
(b) However, a county for which: court listed in subsection (a) is
abolished if:
(1) IC 33-33 provides a small claims docket of the circuit court;
(2) IC 33-33 provides a small claims docket of the superior court;
or
(3) IC 33-34 provides a small claims court;
for the county in which the county court was established.
SOURCE: IC 33-30-2-2; (05)IN1398.1.94. -->
SECTION 94. IC 33-30-2-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. Notwithstanding
section 1 of this chapter, Lake County does not have a county court.
However, the county division of the superior court of Lake County
shall maintain the dockets described in IC 33-30-5-1.
SOURCE: IC 33-33-22-6; (05)IN1398.1.95. -->
SECTION 95. IC 33-33-22-6 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 6. A county court is established for Floyd
County under IC 33-30-2-1.
SOURCE: IC 33-33-48-10; (05)IN1398.1.96. -->
SECTION 96. IC 33-33-48-10 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 10 (a) The Madison superior
court has:
(1) original and appellate jurisdiction, concurrent and
coextensive with the Madison circuit court, in all civil, probate,
and criminal cases; and
(2) jurisdiction concurrent and coextensive with the circuit
court in all cases of appeal from the board of county
commissioners and city courts.
(b) The Madison superior court has original and exclusive
juvenile jurisdiction.
SOURCE: IC 33-33-48-11; (05)IN1398.1.97. -->
SECTION 97. IC 33-33-48-11 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 11. A county court is
established for Madison County under IC 33-30-2-1.
SOURCE: IC 33-33-49-13; (05)IN1398.1.98. -->
SECTION 98. IC 33-33-49-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 13. (a) Each judge
of the court shall be elected for a term of six (6) years that begins
January 1 after the year of the judge's election and continues through
December 31 in the sixth year. The judge shall hold office for the six
(6) year term or until the judge's successor is elected and qualified. A
candidate for judge shall run at large for the office of judge of the court
and not as a candidate for judge of a particular room or division of the
court.
(b) Beginning with the primary election held in 1996 and every
six (6) years thereafter, a political party may nominate not more
than eight (8) candidates for judge of the court. Beginning with the
primary election held in 2000 and every six (6) years thereafter, a
political party may nominate not more than nine (9) candidates for
judge of the court. The candidates shall be voted on at the general
election. Other candidates may qualify under IC 3-8-6 to be voted on
at the general election.
(c) The names of the party candidates nominated and properly
certified to the Marion County election board, along with the names of
other candidates who have qualified, shall be placed on the ballot at the
general election in the form prescribed by IC 3-11-2. Beginning with
the 1996 general election and every six (6) years thereafter, persons
eligible to vote at the general election may vote for fifteen (15)
candidates for judge of the court. Beginning with the 2000 general
election and every six (6) years thereafter, persons eligible to vote at
the general election may vote for seventeen (17) candidates for judge
of the court.
(d) The candidates for judge of the court receiving the highest
number of votes shall be elected to the vacancies. The names of the
candidates elected as judges of the court shall be certified to the county
election board as provided by law.
SOURCE: IC 33-33-54-5; (05)IN1398.1.99. -->
SECTION 99. IC 33-33-54-5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 5. A county court is established for
Montgomery County under IC 33-30-2-1.
SOURCE: IC 33-33-55-9; (05)IN1398.1.100. -->
SECTION 100. IC 33-33-55-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 9. The Morgan
superior court has concurrent jurisdiction, both original and appellate,
with the Morgan circuit court in all civil actions and proceedings at law
and in equity and in all criminal and probate matters, actions, and
proceedings of which the Morgan circuit court has jurisdiction.
However, the Morgan circuit court and one (1) judge of the Morgan
superior court have exclusive jurisdiction in all juvenile matters,
actions, and proceedings.
SOURCE: IC 33-33-58-10; (05)IN1398.1.101. -->
SECTION 101. IC 33-33-58-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 10. The Ohio and
Switzerland superior superior court shall, during each calendar year,
appoint one (1) resident of Ohio County and one (1) resident of
Switzerland County to act as jury commissioners for the superior court.
The jury commissioners shall:
(1) be appointed by a judge of the superior court;
(2) be qualified to act as jury commissioners; and
(3) prepare and draw the jury for the superior court;
in the same manner as is required for jury commissioners of circuit
courts in Ohio and Switzerland counties. The clerks of the circuit
courts of Ohio and Switzerland counties and the sheriffs of Ohio and
Switzerland counties shall issue and serve process for the superior
court in relation to jury selection and summoning in the same manner
as for those circuit courts. The superior court may order the time when
jurors must attend court and may order the selection and summoning
of other jurors for the superior court whenever necessary.
SOURCE: IC 33-33-65-4; (05)IN1398.1.102. -->
SECTION 102. IC 33-33-65-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. The Posey
superior court has a standard small claims and misdemeanor division.
the same jurisdiction as the Posey circuit court.
SOURCE: IC 33-33-71-38; (05)IN1398.1.103. -->
SECTION 103. IC 33-33-71-38 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 38. The
commission shall submit with the list of five (5) nominees to the
governor its written evaluation of the qualifications of each candidate,
and the names and written evaluations shall be publicly disclosed.
Every eligible candidate whose name was not submitted to the
governor is entitled to access to any evaluation of the cnadidate
candidate by the commission and the right to make the evaluation
public. Otherwise, the evaluation, including the names of the
candidates applying for the office, shall remain confidential. If the
commission determines that there are less than five (5) persons
qualified under section 40 of this chapter, the commission must submit
a lesser number under section 40 of this chapter.
SOURCE: IC 33-34-8-1; (05)IN1398.1.104. -->
SECTION 104. IC 33-34-8-1, AS AMENDED BY P.L.85-2004,
SECTION 15, AND AS AMENDED BY P.L.95-2004, SECTION 3, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 1. (a) The following fees and
costs apply to cases in the small claims court:
(1) A township docket fee of five dollars ($5) plus forty-five
percent (45%) of the infraction or ordinance violation costs fee
under IC 33-37-4-2.
(2) The bailiff's service of process by registered or certified mail
fee of thirteen dollars ($13) for each service.
(3) The cost for the personal service of process by the bailiff or
other process server of thirteen dollars ($13) for each service.
(4) Witness fees, if any, in the amount provided by IC 33-37-10-3
to be taxed and charged in the circuit court.
(5) A redocketing fee, if any, of five dollars ($5).
(6) A document storage fee under IC 33-37-5-20.
(7) An automated record keeping fee under IC 33-37-5-21.
(8) A late fee, if any, under IC 33-37-5-22.
(9) A judicial administration fee under IC 33-37-5-21.2.
(9) (10) A judicial insurance adjustment fee under IC 33-37-5-25.
The docket fee and the cost for the initial service of process shall be
paid at the institution of a case. The cost of service after the initial
service shall be assessed and paid after service has been made. The
cost of witness fees shall be paid before the witnesses are called.
(b) If the amount of the township docket fee computed under
subsection (a)(1) is not equal to a whole number, the amount shall be
rounded to the next highest whole number.
SOURCE: IC 33-37-4-1; (05)IN1398.1.105. -->
SECTION 105. IC 33-37-4-1, AS AMENDED BY P.L.85-2004,
SECTION 16, AND AS AMENDED BY P.L.95-2004, SECTION 4, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 1. (a) For each action that
results in a felony conviction under IC 35-50-2 or a misdemeanor
conviction under IC 35-50-3, the clerk shall collect from the defendant
a criminal costs fee of one hundred twenty dollars ($120).
(b) In addition to the criminal costs fee collected under this section,
the clerk shall collect from the defendant the following fees if they are
required under IC 33-37-5:
(1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or IC 33-37-5-4).
(2) A marijuana eradication program fee (IC 33-37-5-7).
(3) An alcohol and drug services program user fee
(IC 33-37-5-8(b)).
(4) A law enforcement continuing education program fee
(IC 33-37-5-8(c)).
(5) A drug abuse, prosecution, interdiction, and correction fee
(IC 33-37-5-9).
(6) An alcohol and drug countermeasures fee (IC 33-37-5-10).
(7) A child abuse prevention fee (IC 33-37-5-12).
(8) A domestic violence prevention and treatment fee
(IC 33-37-5-13).
(9) A highway work zone fee (IC 33-37-5-14).
(10) A deferred prosecution fee (IC 33-37-5-17).
(11) A document storage fee (IC 33-37-5-20).
(12) An automated record keeping fee (IC 33-37-5-21).
(13) A late payment fee (IC 33-37-5-22).
(14) A sexual assault victims assistance fee (IC 33-37-5-23).
(15) A judicial administration fee under IC 33-37-5-21.2.
(15) (16) A judicial insurance adjustment fee under IC 33-37-5-25.
(c) Instead of the criminal costs fee prescribed by this section, the
clerk shall collect a pretrial diversion program fee if an agreement
between the prosecuting attorney and the accused person entered into
under IC 33-39-1-8 requires payment of those fees by the accused
person. The pretrial diversion program fee is:
(1) an initial user's fee of fifty dollars ($50); and
(2) a monthly user's fee of ten dollars ($10) for each month that the
person remains in the pretrial diversion program.
(d) The clerk shall transfer to the county auditor or city or town fiscal
officer the following fees, not later than thirty (30) days after the fees
are collected:
(1) The pretrial diversion fee.
(2) The marijuana eradication program fee.
(3) The alcohol and drug services program user fee.
(4) The law enforcement continuing education program fee.
The auditor or fiscal officer shall deposit fees transferred under this
subsection in the appropriate user fee fund established under
IC 33-37-8.
(e) Unless otherwise directed by a court, if a clerk collects only part
of a criminal costs fee from a defendant under this section, the clerk
shall distribute the partial payment of the criminal costs fee as follows:
(1) The clerk shall apply the partial payment to general court costs.
(2) If there is money remaining after the partial payment is applied
to general court costs under subdivision (1), the clerk shall
distribute the remainder of the partial payment for deposit in the
appropriate county user fee fund.
(3) If there is money remaining after distribution under subdivision
(2), the clerk shall distribute the remainder of the partial payment
for deposit in the state user fee fund.
(4) If there is money remaining after distribution under subdivision
(3), the clerk shall distribute the remainder of the partial payment
to any other applicable user fee fund.
(5) If there is money remaining after distribution under subdivision
(4), the clerk shall apply the remainder of the partial payment to
any outstanding fines owed by the defendant.
SOURCE: IC 33-37-4-2; (05)IN1398.1.106. -->
SECTION 106. IC 33-37-4-2, AS AMENDED BY P.L.85-2004,
SECTION 17, AND AS AMENDED BY P.L.95-2004, SECTION 5, IS
CORRECTED AND 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 33-37-5:
(1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or IC 33-37-5-4).
(2) An alcohol and drug services program user fee
(IC 33-37-5-8(b)).
(3) A law enforcement continuing education program fee
IC 33-37-5-8(c)).
(4) An alcohol and drug countermeasures fee (IC 33-37-5-10).
(5) A highway work zone fee (IC 33-37-5-14).
(6) A deferred prosecution fee (IC 33-37-5-17).
(7) A jury fee (IC 33-19-6-17). (IC 33-37-5-19).
(8) A document storage fee (IC 33-37-5-20).
(9) An automated record keeping fee (IC 33-37-5-21).
(10) A late payment fee (IC 33-37-5-22).
(11) A judicial administration fee under (IC 33-37-5-21.2).
(11) (12) A judicial insurance adjustment fee under
(IC 33-37-5-25).
(c) The clerk shall transfer to the county auditor or fiscal officer of
the municipal corporation the following fees, not later than thirty (30)
days after the fees are collected:
(1) The alcohol and drug services program user fee
(IC 33-37-5-8(b)).
(2) The law enforcement continuing education program fee
(IC 33-37-5-8(c)).
(3) The deferral program fee (subsection e).
The auditor or fiscal officer shall deposit the fees in the user fee fund
established under IC 33-37-8.
(d) The defendant is not liable for any ordinance violation costs fee
in an action if all the following apply:
(1) The defendant was charged with an ordinance violation subject
to IC 33-36.
(2) The defendant denied the violation under IC 33-36-3.
(3) Proceedings in court against the defendant were initiated under
IC 34-28-5 (or IC 34-4-32 before its repeal).
(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.
(f) The fees prescribed by this section are costs for purposes of
IC 34-28-5-4 IC 34-28-5-5 and may be collected from a defendant
against whom judgment is entered. Any penalty assessed is in addition
to costs.
SOURCE: IC 33-37-4-3; (05)IN1398.1.107. -->
SECTION 107. IC 33-37-4-3, AS AMENDED BY P.L.85-2004,
SECTION 18, AND AS AMENDED BY P.L.95-2004, SECTION 6, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 3. (a) The clerk shall collect a
juvenile costs fee of one hundred twenty dollars ($120) for each action
filed under any of the following
(1) IC 31-34 (children in need of services).
(2) IC 31-37 (delinquent children).
(3) IC 31-14 (paternity).
(b) In addition to the juvenile costs fee collected under this section,
the clerk shall collect the following fees, if they are required under
IC 33-37-5:
(1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or IC 33-37-5-4).
(2) A marijuana eradication program fee (IC 33-37-5-7).
(3) An alcohol and drug services program user fee
(IC 33-37-5-8(b)).
(4) A law enforcement continuing education program fee
(IC 33-37-5-8(c)).
(5) An alcohol and drug countermeasures fee (IC 33-37-5-10).
(6) A document storage fee (IC 33-37-5-20).
(7) An automated record keeping fee (IC 33-37-5-21).
(8) A late payment fee (IC 33-37-5-22).
(9) A judicial administration fee under (IC 33-37-5-21.2).
(9) (10) A judicial insurance adjustment fee under
(IC 33-37-5-25).
(c) The clerk shall transfer to the county auditor or city or town fiscal
officer the following fees not later than thirty (30) days after they are
collected:
(1) The marijuana eradication program fee (IC 33-37-5-7).
(2) The alcohol and drug services program user fee
(IC 33-37-5-8(b)).
(3) The law enforcement continuing education program fee
(IC 33-37-5-8(c)).
The auditor or fiscal officer shall deposit the fees in the appropriate
user fee fund established under IC 33-37-8.
SOURCE: IC 33-37-4-4; (05)IN1398.1.108. -->
SECTION 108. IC 33-37-4-4, AS AMENDED BY P.L.85-2004,
SECTION 19, AND AS AMENDED BY P.L.95-2004, SECTION 7, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 4. (a) The clerk shall collect a
civil costs fee of one hundred dollars ($100) from a party filing a civil
action. This subsection does not apply to the following civil actions:
(1) Proceedings to enforce a statute defining an infraction under
IC 34-28-5 (or IC 34-4-32 before its repeal).
(2) Proceedings to enforce an ordinance under IC 34-28-5 (or
IC 34-4-32 before its repeal).
(3) Proceedings in juvenile court under IC 31-34 or IC 31-37.
(4) Proceedings in paternity under IC 31-14.
(5) Proceedings in small claims court under IC 33-34.
(6) Proceedings in actions described in section 7 of this chapter.
(b) In addition to the civil costs fee collected under this section, the
clerk shall collect the following fees, if they are required under
IC 33-37-5:
(1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or IC 33-37-5-4).
(2) A support and maintenance fee (IC 33-37-5-6).
(3) A document storage fee (IC 33-37-5-20).
(4) An automated record keeping fee (IC 33-37-5-21).
(5) A judicial administration fee under (IC 33-37-5-21.2).
(5) (6) A judicial insurance adjustment fee under (IC 33-37-5-25).
SOURCE: IC 33-37-4-5; (05)IN1398.1.109. -->
SECTION 109. IC 33-37-4-5, AS AMENDED BY P.L.85-2004,
SECTION 20, AND AS AMENDED BY P.L.95-2004, SECTION 8, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 5. (a) For each small claims
action the clerk shall collect from the party filing the action a small
claims costs fee of thirty-five dollars ($35). However, a clerk may not
collect a small claims costs fee for a small claims action filed by or on
behalf of the attorney general.
(b) In addition to a small claims costs fee collected under this
section, the clerk shall collect the following fees, if they are required
under IC 33-37-5:
(1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or IC 33-37-5-4).
(2) A document storage fee (IC 33-37-5-20).
(3) An automated record keeping fee (IC 33-37-5-21).
(4) A judicial administration fee under (IC 33-37-5-21.2).
(4) (5) A judicial insurance adjustment fee under (IC 33-37-5-25).
(c) This section expires July 1, 2005.
SOURCE: IC 33-37-4-6; (05)IN1398.1.110. -->
SECTION 110. IC 33-37-4-6, AS AMENDED BY P.L.85-2004,
SECTION 21, AND AS AMENDED BY P.L.95-2004, SECTION 9, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 6. (a) For each small claims
action, the clerk shall collect from the party filing the action both of the
following fees:
(1) A small claims costs fee of thirty-five dollars ($35).
(2) A small claims service fee of five dollars ($5) for each
defendant named or added in the small claims action.
However, a clerk may not collect a small claims costs fee or small
claims service fee for a small claims action filed by or on behalf of the
attorney general.
(b) In addition to a small claims costs fee and small claims service
fee collected under this section, the clerk shall collect the following
fees, if they are required under IC 33-37-5:
(1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or IC 33-37-5-4).
(2) A document storage fee (IC 33-37-5-20).
(3) An automated record keeping fee (IC 33-37-5-21).
(4) A judicial administration fee under (IC 33-37-5-21.2).
(4) (5) A judicial insurance adjustment fee under (IC 33-37-5-25).
(c) This section applies after June 30, 2005.
SOURCE: IC 33-37-4-7; (05)IN1398.1.111. -->
SECTION 111. IC 33-37-4-7, AS AMENDED BY P.L.85-2004,
SECTION 22, AND AS AMENDED BY P.L.95-2004, SECTION 10,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 7. (a) Except as provided under
subsection (c), the clerk shall collect from the party filing the action a
probate costs fee of one hundred twenty dollars ($120) for each action
filed under any of the following:
(1) IC 6-4.1-5 (determination of inheritance tax).
(2) IC 29 (probate).
(3) IC 30 (trusts and fiduciaries).
(b) In addition to the probate costs fee collected under subsection (a),
the clerk shall collect from the party filing the action the following fees,
if they are required under IC 33-37-5:
(1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or IC 33-37-5-4).
(2) A document storage fee (IC 33-37-5-20).
(3) An automated record keeping fee (IC 33-37-5-21).
(4) A judicial administration fee under (IC 33-37-5-21.2).
(4) (5) A judicial insurance adjustment fee under (IC 33-37-5-25).
(c) A clerk may not collect a court costs fee for the filing of the
following exempted actions:
(1) Petition to open a safety deposit box.
(2) Filing an inheritance tax return, unless proceedings other than
the court's approval of the return become necessary.
(3) Offering a will for probate under IC 29-1-7, unless proceedings
other than admitting the will to probate become necessary.
SOURCE: IC 33-37-5-25; (05)IN1398.1.112. -->
SECTION 112. IC 33-37-5-25 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 25. (a) This
subsection does not apply to the following:
(1) A criminal proceeding.
(2) A proceeding for an infraction violation.
(3) A proceeding for an ordinance violation.
In each action filed in a court described in IC 33-19-1-1, IC 33-37-1-1,
the clerk shall collect a judicial insurance adjustment fee of one dollar
($1).
(b) In each action in which a person is:
(1) convicted of an offense;
(2) required to pay a pretrial diversion fee;
(3) found to have violated an infraction; or
(4) found to have violated an ordinance;
the clerk shall collect a judicial insurance adjustment fee of one dollar
($1).
SOURCE: IC 33-37-7-2; (05)IN1398.1.113. -->
SECTION 113. IC 33-37-7-2, AS AMENDED BY P.L.85-2004,
SECTION 25, AND AS AMENDED BY P.L.95-2004, SECTION 13,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 2.
(a) The clerk of a circuit court
shall distribute semiannually to the auditor of state as the state share for
deposit in the state general fund seventy percent (70%) of the amount
of fees collected under the following:
(1) IC 33-37-4-1(a) (criminal costs fees).
(2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
(3) IC 33-37-4-3(a) (juvenile costs fees).
(4) IC 33-37-4-4(a) (civil costs fees).
(5) IC 33-37-4-6(a)(1) (small claims costs fees).
(6) IC 33-37-4-7(a) (probate costs fees).
(7) IC 33-37-5-17 (deferred prosecution fees).
(b) The clerk of a circuit court shall distribute semiannually to the
auditor of state for deposit in the state user fee fund established in
IC 33-37-9-2 the following:
(1) Twenty-five percent (25%) of the drug abuse, prosecution,
interdiction, and correction fees collected under
IC 33-37-4-1(b)(5).
(2) Twenty-five percent (25%) of the alcohol and drug
countermeasures fees collected under IC 33-37-4-1(b)(6),
IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
(3) Fifty percent (50%) of the child abuse prevention fees collected
under IC 33-37-4-1(b)(7).
(4) One hundred percent (100%) of the domestic violence
prevention and treatment fees collected under IC 33-37-4-1(b)(8).
(5) One hundred percent (100%) of the highway work zone fees
collected under IC 33-37-4-1(b)(9) and IC 33-37-4-2(b)(5).
(6) One hundred percent (100%) of the safe schools fee collected
under IC 33-37-5-18.
(7) One hundred percent (100%) of the automated record keeping
fee (IC 33-37-5-21).
(c) The clerk of a circuit court shall distribute monthly to the county
auditor the following:
(1) Seventy-five percent (75%) of the drug abuse, prosecution,
interdiction, and correction fees collected under
IC 33-37-4-1(b)(5).
(2) Seventy-five percent (75%) of the alcohol and drug
countermeasures fees collected under IC 33-37-4-1(b)(6),
IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
The county auditor shall deposit fees distributed by a clerk under this
subsection into the county drug free community fund established under
IC 5-2-11.
(d) The clerk of a circuit court shall distribute monthly to the county
auditor fifty percent (50%) of the child abuse prevention fees collected
under IC 33-37-4-1(b)(7). The county auditor shall deposit fees
distributed by a clerk under this subsection into the county child
advocacy fund established under IC 12-17-17.
(e) The clerk of a circuit court shall distribute monthly to the county
auditor one hundred percent (100%) of the late payment fees collected
under IC 33-37-5-22. The county auditor shall deposit fees distributed
by a clerk under this subsection as follows:
(1) If directed to do so by an ordinance adopted by the county
fiscal body, the county auditor shall deposit forty percent (40%) of
the fees in the clerk's record perpetuation fund established under
IC 33-37-5-2 and sixty percent (60%) of the fees in the county
general fund.
(2) If the county fiscal body has not adopted an ordinance
described in subdivision (1), the county auditor shall deposit all the
fees in the county general fund.
(f) The clerk of the circuit court shall distribute semiannually to the
auditor of state for deposit in the sexual assault victims assistance fund
established by IC 16-19-13-6 one hundred percent (100%) of the sexual
assault victims assistance fees collected under IC 33-37-5-23.
(g) The clerk of a circuit court shall distribute monthly to the county
auditor the following:
(1) One hundred percent (100%) of the support and maintenance
fees for cases designated as non-Title IV-D child support cases in
the Indiana support enforcement tracking system (ISETS) collected
under IC 33-37-5-6.
(2) The percentage share of the support and maintenance fees for
cases designated as IV-D child support cases in ISETS collected
under IC 33-37-5-6 that is reimbursable to the county at the federal
financial participation rate.
The county clerk shall distribute monthly to the office of the secretary
of family and social services the percentage share of the support and
maintenance fees for cases designated as Title IV-D child support cases
in ISETS collected under IC 33-37-5-6 that is not reimbursable to the
county at the applicable federal financial participation rate.
(h) The clerk of a circuit court shall distribute monthly to the county
auditor one hundred percent (100%) of the small claims service fee
under IC 33-37-4-6(a)(2) for deposit in the county general fund.
(i) The clerk of a circuit court shall semiannually distribute to the
auditor of state for deposit in the state general fund one hundred
percent (100%) of the judicial administration fee collected under
IC 33-37-5-21.2.
(i) (j) The clerk of a circuit court shall semiannually distribute to the
auditor of state for deposit in the judicial branch insurance adjustment
account established by IC 33-38-5-8.2 one hundred percent (100%) of
the judicial insurance adjustment fee collected under IC 33-37-5-25.
(j) This section applies after June 30, 2005.
SOURCE: IC 33-37-7-8; (05)IN1398.1.114. -->
SECTION 114. IC 33-37-7-8, AS AMENDED BY P.L.85-2004,
SECTION 27, AND AS AMENDED BY P.L.95-2004, SECTION 15,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 8. (a) The clerk of a city or town
court shall distribute semiannually to the auditor of state as the state
share for deposit in the state general fund fifty-five percent (55%) of
the amount of fees collected under the following:
(1) IC 33-37-4-1(a) (criminal costs fees).
(2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
(3) IC 33-37-4-4(a) (civil costs fees).
(4) IC 33-37-4-6(a)(1) (small claims costs fees).
(5) IC 33-37-5-17 (deferred prosecution fees).
(b) The city or town fiscal officer shall distribute monthly to the
county auditor as the county share twenty percent (20%) of the amount
of fees collected under the following:
(1) IC 33-37-4-1(a) (criminal costs fees).
(2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
(3) IC 33-37-4-4(a) (civil costs fees).
(4) IC 33-37-4-6(a)(1) (small claims costs fees).
(5) IC 33-37-5-17 (deferred prosecution fees).
(c) The city or town fiscal officer shall retain twenty-five percent
(25%) as the city or town share of the fees collected under the
following:
(1) IC 33-37-4-1(a) (criminal costs fees).
(2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
(3) IC 33-37-4-4(a) (civil costs fees).
(4) IC 33-37-4-6(a)(1) (small claims costs fees).
(5) IC 33-37-5-17 (deferred prosecution fees).
(d) The clerk of a city or town court shall distribute semiannually to
the auditor of state for deposit in the state user fee fund established in
IC 33-37-9 the following:
(1) Twenty-five percent (25%) of the drug abuse, prosecution,
interdiction, and corrections fees collected under
IC 33-37-4-1(b)(5).
(2) Twenty-five percent (25%) of the alcohol and drug
countermeasures fees collected under IC 33-37-4-1(b)(6),
IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
(3) One hundred percent (100%) of the highway work zone fees
collected under IC 33-37-4-1(b)(9) and IC 33-37-4-2(b)(5).
(4) One hundred percent (100%) of the safe schools fee collected
under IC 33-37-5-18.
(5) One hundred percent (100%) of the automated record keeping
fee (IC 33-37-5-21).
(e) The clerk of a city or town court shall distribute monthly to the
county auditor the following:
(1) Seventy-five percent (75%) of the drug abuse, prosecution,
interdiction, and corrections fees collected under
IC 33-37-4-1(b)(5).
(2) Seventy-five percent (75%) of the alcohol and drug
countermeasures fees collected under IC 33-37-4-1(b)(6),
IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
The county auditor shall deposit fees distributed by a clerk under this
subsection into the county drug free community fund established under
IC 5-2-11.
(f) The clerk of a city or town court shall distribute monthly to the
city or town fiscal officer (as defined in IC 36-1-2-7) one hundred
percent (100%) of the late payment fees collected under IC 33-37-5-22.
The city or town fiscal officer (as defined in IC 36-1-2-7) shall deposit
fees distributed by a clerk under this subsection in the city or town
general fund.
(g) The clerk of a city or town court shall semiannually distribute to
the auditor of state for deposit in the state general fund one hundred
percent (100%) of the judicial administration fee collected under
IC 33-37-5-21.2.
(g) (h) The clerk of a city or town court shall semiannually distribute
to the auditor of state for deposit in the judicial branch insurance
adjustment account established by IC 33-38-5-8.2 one hundred percent
(100%) of the judicial insurance adjustment fee collected under
IC 33-37-5-25.
(h) This section applies after June 30, 2005.
SOURCE: IC 33-38-5-8.2; (05)IN1398.1.115. -->
SECTION 115. IC 33-38-5-8.2, AS ADDED BY P.L.95-2004,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 8.2. (a) As used in this section, "account"
refers to the judicial branch
health care insurance adjustment account
established by subsection (d).
(b) As used in this section, "employees of the judicial branch"
includes the following:
(1) Each judge described in section 6 of this chapter.
(2) Each magistrate:
(A) described in section 7 of this chapter; and
(B) receiving a salary under IC 33-23-5-10.
(3) Each justice and judge described in section 8 of this chapter.
(4) The judge described in IC 33-26.
(5) A prosecuting attorney whose entire salary is paid by the state.
(c) Employees of the judicial branch are entitled to a health care
adjustment in any year that the governor provides a health care
adjustment to employees of the executive branch.
(d) The judicial branch insurance adjustment account within the state
general fund is established for the purpose of providing health care
adjustments under subsection (c). The account shall be administered by
the supreme court.
(e) The expenses of administering the account shall be paid from
money in the account.
(f) The treasurer of state shall invest the money in the account not
currently needed to meet the obligations of the account in the same
manner as other public money may be invested. Interest that accrues
from these investments shall be deposited in the account.
(g) Money in the account at the end of a state fiscal year does not
revert to the state general fund.
(h) Money in the account is annually appropriated to the supreme
court for the purpose of this section.
(i) If the funds appropriated for compliance with this section are
insufficient, there is annually appropriated from the state general fund
sufficient funds to carry out the purpose of this section.
SOURCE: IC 33-38-13-33; (05)IN1398.1.116. -->
SECTION 116. IC 33-38-13-33 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 33. A master may
issue a subpoena for:
(1) the attendance of witnesses;
(2) the production of documentary evidence; or
(3) discovery;
in a proceeding before the masters. The master shall serve the
subpoena in the manner provided by law. All papers and pleadings
filed with the office of the chairman of the commission are
considered to have been filed with the commission.
SOURCE: IC 33-42-6-1; (05)IN1398.1.117. -->
SECTION 117. IC 33-42-6-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. A notary public
who is a stockholder or an officer of a cemetery association whose rules
or constitution prohibit an officer or a stockholder from becoming a
beneficiary from the sale of lots by the cemetery association may take
acknowledgments of sales of lots. The manager, officers, and
employees of a federal land bank association located in Indiana
may become and act as a notary public in the business of the
association to take acknowledgments of deeds and real estate
mortgages and to take and certify affidavits.
SOURCE: IC 34-30-2-125.5; (05)IN1398.1.118. -->
SECTION 118. IC 34-30-2-125.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 125.5.
IC 29-3-8.5-9 IC 29-3-8.5-8 (Concerning a volunteer advocate for
seniors).
SOURCE: IC 35-33-2-2; (05)IN1398.1.119. -->
SECTION 119. IC 35-33-2-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) A warrant of
arrest shall:
(1) be in writing;
(2) specify the name of the person to be arrested, or if his name is
unknown, shall designate such person by any name or description
by which he can be identified with reasonable certainty;
(3) set forth the nature of the offense for which the warrant is
issued;
(4) state the date and county of issuance;
(5) be signed by the clerk or the judge of the court with the title of
his office;
(6) command that the person against whom the indictment or
information was filed be arrested and brought before the court
issuing the warrant, without unnecessary delay;
(7) specify the amount of bail, if any; and
(8) be directed to the sheriff of the county.
(b) An arrest warrant may be in substantially the following form:
TO: ______________
You are hereby commanded to arrest ___________ forthwith, and
hold that person to bail in the sum of _______ dollars, to answer in the
_______ Court of ________ County, in the State of Indiana, an
information or indictment for ____________.
And for want of bail commit him to the jail of the County, and
thereafter without unnecessary delay to bring him before the said court.
IN WITNESS WHEREOF, I, ___________ (Clerk/Judge) of said
Court, hereto affix the seal thereof, and subscribe my name at
__________ this ________ day of _______ A.D.
19__. 20__.
_____________________
Clerk or Judge of the Court
SOURCE: IC 35-33-4-1; (05)IN1398.1.120. -->
SECTION 120. IC 35-33-4-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) When an
indictment or information is filed against a person charging him with
a misdemeanor, the court may, in lieu of issuing an arrest warrant
under IC 35-33-2, issue a summons. The summons must set forth
substantially the nature of the offense, and command the accused
person to appear before the court at a stated time and place. However,
the date set by the court must be at least seven (7) days after the
issuance of the summons. The summons may be served in the same
manner as the summons in a civil action.
(b) If the person summoned fails, without good cause, to appear as
commanded by the summons and the court has determined that there
is probable cause to believe that a crime (other than failure to appear)
has been committed, the court shall issue a warrant of arrest.
(c) If after issuing a summons the court:
(1) is satisfied that the person will not appear as commanded by the
summons; and
(2) has determined that there is probable cause that a crime (other
than failure to appear) has been committed;
it may at once issue a warrant of arrest.
(d) The summons may be in substantially the following form:
STATE OF INDIANA ) IN THE _______ COURT
)
vs. ) OF __________ COUNTY
)
__________________ )
Defendant ) CAUSE NO. _________
SUMMONS
THE STATE OF INDIANA TO
THE ABOVE NAMED DEFENDANT:
YOU ARE HEREBY SUMMONED, to appear before the above
designated Court at ______, ______, ______ at _____ ___.m. on (day)
______, _____,
19___, 20___, with respect to an (information or
indictment) for ____________.
If you do not so appear, an application may be made for the Issuance
of a Warrant for your arrest.
ISSUED: __________ ___,
19___ 20___
in
(City or County) _______, ____
BY THE CLERK OF SAID COURT:
_______________________________
CLERK
(e) When any law enforcement officer in the state serves a summons
on a person, he shall file a return of service with the court issuing the
summons. The return shall be in substantially the following form:
RETURN OF SERVICE
I hereby certify that I served this summons upon the above named
defendant by delivering a copy of it and of the Information to the
defendant personally or by certified mail return receipt requested, on
______ _____,
19___, 20___, at ____, ________.
DATED: ________ ___,
19___. 20___.
(Signature) ____________________________
__________________________________
LAW ENFORCEMENT AGENCY
(f) In lieu of arresting a person who has allegedly committed a
misdemeanor (other than a traffic misdemeanor) in his presence, a law
enforcement officer may issue a summons and promise to appear. The
summons must set forth substantially the nature of the offense and
direct the person to appear before a court at a stated place and time.
(g) The summons and promise to appear may be in substantially the
following form:
STATE OF INDIANA ) IN THE ________ COURT
)
vs. ) OF ___________ COUNTY
)
____________________ )
Defendant )
SUMMONS AND PROMISE TO APPEAR
YOU ARE HEREBY SUMMONED, to appear before the above
designated Court at ________________________________________
(Address)
at __________________________ ___ .m. on __________ _______,
Month
Day
19 ___, 20___, in respect to the charge of _______________________
_______________________________________________________.
If you do not so appear, an application may be made for the issuance
of a warrant for your arrest.
ISSUED:_______,
19 ____, 20 ____,
in
_____________, Indiana
(City or County)
BY THE UNDERSIGNED LAW
ENFORCEMENT OFFICER:
___________________________
Officer's Signature
I.D. No. ________________
Div. Dist. _______________
Police Agency _____________
COURT APPEARANCE
I promise to appear in court at the time and place designated above,
or be subject to arrest.
Signature ___________________________________________
YOUR SIGNATURE IS NOT AN ADMISSION OF GUILT.
(h) When any law enforcement officer issues a summons and promise
to appear, he shall:
(1) promptly file the summons and promise to appear and the
certificate of service with the court designated in the summons and
promise to appear; and
(2) provide the prosecuting attorney with a copy thereof.
SOURCE: IC 35-33-5-2; (05)IN1398.1.121. -->
SECTION 121. IC 35-33-5-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) Except as
provided in section 8 of this chapter, no warrant for search or arrest
shall be issued until there is filed with the judge an affidavit:
(1) particularly describing:
(A) the house or place to be searched and the things to be
searched for; or
(B) particularly describing the person to be arrested;
(2) alleging substantially the offense in relation thereto and that the
affiant believes and has good cause to believe that:
(A) the things as are to be searched for are there concealed; or
(B) the person to be arrested committed the offense; and
(3) setting forth the facts then in knowledge of the affiant or
information based on hearsay, constituting the probable cause.
(b) When based on hearsay, the affidavit must either:
(1) contain reliable information establishing the credibility of the
source and of each of the declarants of the hearsay and establishing
that there is a factual basis for the information furnished; or
(2) contain information that establishes that the totality of the
circumstances corroborates the hearsay.
(c) An affidavit for search substantially in the following form shall
be treated as sufficient:
STATE OF INDIANA )
) SS:
COUNTY OF ___________________ )
A B swears (or affirms, as the case may be) that he believes
and has good cause to believe (here set forth the facts and
information constituting the probable cause) that (here
describe the things to be searched for and the offense in
relation thereto) are concealed in or about the (here describe
the house or place) of C D, situated in the county of
_____________________, in said state.
Subscribed and sworn to before me this _____ day of
_______ 19__. 20__.
SOURCE: IC 35-33-5-3; (05)IN1398.1.122. -->
SECTION 122. IC 35-33-5-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. A search warrant
in substantially the following form shall be sufficient:
STATE OF INDIANA )
) SS:
COUNTY OF _____________ ) IN THE _______ COURT
OF
_____________________
To _______________ (herein insert the name, department or
classification of the law enforcement officer to whom it is addressed)
You are authorized and ordered, in the name of the State of
Indiana, with the necessary and proper assistance to enter into or upon
________________________ (here describe the place to be searched),
and there diligently search for ________________ (here describe
property which is the subject of the search). You are ordered to seize
such property, or any part thereof, found on such search.
Dated this ____ day of ______,
19___, 20___, at the hour of ___
__M.
_________________________
(Signature of Judge) Executed this ___ day of ______, 19___, 20___,
at the hour of ____ ___M.
________________________________ (Signature of Law
Enforcement Officer)
SOURCE: IC 35-34-1-2; (05)IN1398.1.123. -->
SECTION 123. IC 35-34-1-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) The
indictment or information shall be in writing and allege the commission
of an offense by:
(1) stating the title of the action and the name of the court in
which the indictment or information is filed;
(2) stating the name of the offense in the words of the statute or
any other words conveying the same meaning;
(3) citing the statutory provision alleged to have been violated,
except that any failure to include such a citation or any error in
such a citation does not constitute grounds for reversal of a
conviction where the defendant was not otherwise misled as to the
nature of the charges against
him; the defendant;
(4) setting forth the nature and elements of the offense charged in
plain and concise language without unnecessary repetition;
(5) stating the date of the offense with sufficient particularity to
show that the offense was committed within the period of
limitations applicable to that offense;
(6) stating the time of the offense as definitely as can be done if
time is of the essence of the offense;
(7) stating the place of the offense with sufficient particularity to
show that the offense was committed within the jurisdiction of the
court where the charge is to be filed;
(8) stating the place of the offense as definitely as can be done if
the place is of the essence of the offense; and
(9) stating the name of every defendant, if known, and if not
known, by designating the defendant by any name or description
by which he can be identified with reasonable certainty.
(b) An indictment shall be signed by:
(1) the foreman or five (5) members of the grand jury; and
(2) the prosecuting attorney or his deputy.
An information shall be signed by the prosecuting attorney or his
deputy and sworn to or affirmed by him or any other person.
(c) An indictment or information shall have stated upon it the names
of all the material witnesses. Other witnesses may afterwards be
subpoenaed by the state, but unless the name of a witness is stated on
the indictment or information, no continuance shall be granted to the
state due to the absence of the witness.
(d) The indictment or information shall be a plain, concise, and
definite written statement of the essential facts constituting the offense
charged. It need not contain a formal commencement, a formal
conclusion, or any other matter not necessary to the statement.
Presumptions of law and matters of which judicial notice is taken need
not be stated.
(e) The indictment may be substantially in the following form:
IN THE __________ COURT OF INDIANA, 19____ 20____
STATE OF INDIANA
vs. CAUSE NUMBER _______
A _________ B _________
The grand jury of the county of _________ upon their oath or
affirmation do present that AB, on the _________ day of __________
19____ 20____ at the county of _________ in the state of Indiana
(HERE SET FORTH THE OFFENSE CHARGED).
(f) The information may be substantially in the same form as the
indictment, substituting for the words, "the grand jury of the county of
_________, upon their oath or affirmation so present" the following:
"CD, being duly sworn on his oath or having affirmed, says." It is not
necessary in an information to state the reason why the proceeding is
by information rather than indictment.
(g) This section applies to a traffic offense (as defined in
IC 9-30-3-5) if the traffic offense is:
(1) a felony; or
(2) a misdemeanor.
SOURCE: IC 35-37-4-6; (05)IN1398.1.124. -->
SECTION 124. IC 35-37-4-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 6. (a) This section
applies to a criminal action involving the following offenses where the
victim is a protected person under subsection (c)(1) or (c)(2):
(1) Sex crimes (IC 35-42-4).
(2) Battery upon a child (IC 35-42-2-1(2)(B)).
(IC 35-42-2-1(a)(2)(B)).
(3) Kidnapping and confinement (IC 35-42-3).
(4) Incest (IC 35-46-1-3).
(5) Neglect of a dependent (IC 35-46-1-4).
(6) An attempt under IC 35-41-5-1 for an offense listed in
subdivisions (1) through (5).
(b) This section applies to a criminal action involving the following
offenses where the victim is a protected person under subsection (c)(3):
(1) Exploitation of a dependent or endangered adult
(IC 35-46-1-12).
(2) A sex crime (IC 35-42-4).
(3) Battery (IC 35-42-2-1).
(4) Kidnapping, confinement, or interference with custody
(IC 35-42-3).
(5) Home improvement fraud (IC 35-42-6). (IC 35-43-6).
(6) Fraud (IC 35-43-5).
(7) Identity deception (IC 35-43-5-3.5).
(8) Theft (IC 35-43-4-2).
(9) Conversion (IC 35-43-4-3).
(10) Neglect of a dependent (IC 35-46-1-4).
(c) As used in this section, "protected person" means:
(1) a child who is less than fourteen (14) years of age;
(2) a mentally disabled individual who has a disability attributable
to an impairment of general intellectual functioning or adaptive
behavior that:
(A) is manifested before the individual is eighteen (18) years
of age;
(B) is likely to continue indefinitely;
(C) constitutes a substantial impairment of the individual's
ability to function normally in society; and
(D) reflects the individual's need for a combination and
sequence of special, interdisciplinary, or generic care,
treatment, or other services that are of lifelong or extended
duration and are individually planned and coordinated; or
(3) an individual who is:
(A) at least eighteen (18) years of age; and
(B) incapable by reason of mental illness, mental retardation,
dementia, or other physical or mental incapacity of:
(i) managing or directing the management of the individual's
property; or
(ii) providing or directing the provision of self-care.
(d) A statement or videotape that:
(1) is made by a person who at the time of trial is a protected
person;
(2) concerns an act that is a material element of an offense listed
in subsection (a) or (b) that was allegedly committed against the
person; and
(3) is not otherwise admissible in evidence;
is admissible in evidence in a criminal action for an offense listed in
subsection (a) or (b) if the requirements of subsection (e) are met.
(e) A statement or videotape described in subsection (d) is
admissible in evidence in a criminal action listed in subsection (a) or
(b) if, after notice to the defendant of a hearing and of the defendant's
right to be present, all of the following conditions are met:
(1) The court finds, in a hearing:
(A) conducted outside the presence of the jury; and
(B) attended by the protected person;
that the time, content, and circumstances of the statement or
videotape provide sufficient indications of reliability.
(2) The protected person:
(A) testifies at the trial; or
(B) is found by the court to be unavailable as a witness for one
(1) of the following reasons:
(i) From the testimony of a psychiatrist, physician, or
psychologist, and other evidence, if any, the court finds that
the protected person's testifying in the physical presence of
the defendant will cause the protected person to suffer
serious emotional distress such that the protected person
cannot reasonably communicate.
(ii) The protected person cannot participate in the trial for
medical reasons.
(iii) The court has determined that the protected person is
incapable of understanding the nature and obligation of an
oath.
(f) If a protected person is unavailable to testify at the trial for a
reason listed in subsection (e)(2)(B), a statement or videotape may be
admitted in evidence under this section only if the protected person was
available for cross-examination:
(1) at the hearing described in subsection (e)(1); or
(2) when the statement or videotape was made.
(g) A statement or videotape may not be admitted in evidence under
this section unless the prosecuting attorney informs the defendant and
the defendant's attorney at least ten (10) days before the trial of:
(1) the prosecuting attorney's intention to introduce the statement
or videotape in evidence; and
(2) the content of the statement or videotape.
(h) If a statement or videotape is admitted in evidence under this
section, the court shall instruct the jury that it is for the jury to
determine the weight and credit to be given the statement or videotape
and that, in making that determination, the jury shall consider the
following:
(1) The mental and physical age of the person making the
statement or videotape.
(2) The nature of the statement or videotape.
(3) The circumstances under which the statement or videotape
was made.
(4) Other relevant factors.
(i) If a statement or videotape described in subsection (d) is
admitted into evidence under this section, a defendant may introduce
a:
(1) transcript; or
(2) videotape;
of the hearing held under subsection (e)(1) into evidence at trial.
SOURCE: IC 35-37-4-8; (05)IN1398.1.125. -->
SECTION 125. IC 35-37-4-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 8. (a) This section
applies to a criminal action under the following:
(1) Sex crimes (IC 35-42-4).
(2) Battery upon a child (IC 35-42-2-1(2)(B)).
(IC 35-42-2-1(a)(2)(B)).
(3) Kidnapping and confinement (IC 35-42-3).
(4) Incest (IC 35-46-1-3).
(5) Neglect of a dependent (IC 35-46-1-4).
(6) An attempt under IC 35-41-5-1 for an offense listed in
subdivisions (1) through (5).
(b) As used in this section, "protected person" has the meaning set
forth in section 6 of this chapter.
(c) On the motion of the prosecuting attorney, the court may order
that the testimony of a protected person be taken in a room other than
the courtroom, and that the questioning of the protected person by the
prosecution and the defense be transmitted using a two-way closed
circuit television arrangement that:
(1) allows the protected person to see the accused and the trier of
fact; and
(2) allows the accused and the trier of fact to see and hear the
protected person.
(d) On the motion of the prosecuting attorney or the defendant, the
court may order that the testimony of a protected person be videotaped
for use at trial. The videotaping of the testimony of a protected person
under this subsection must meet the requirements of subsection (c).
(e) The court may not make an order under subsection (c) or (d)
unless:
(1) the testimony to be taken is the testimony of a protected
person who:
(A) is the alleged victim of an offense listed in subsection (a)
for which the defendant is being tried or is a witness in a trial
for an offense listed in subsection (a); and
(B) is found by the court to be a protected person who should
be permitted to testify outside the courtroom because:
(i) the court finds from the testimony of a psychiatrist,
physician, or psychologist and any other evidence that the
protected person's testifying in the physical presence of the
defendant would cause the protected person to suffer serious
emotional harm and the court finds that the protected person
could not reasonably communicate in the physical presence
of the defendant to the trier of fact;
(ii) a physician has certified that the protected person cannot
be present in the courtroom for medical reasons; or
(iii) evidence has been introduced concerning the effect of
the protected person's testifying in the physical presence of
the defendant, and the court finds that it is more likely than
not that the protected person's testifying in the physical
presence of the defendant creates a substantial likelihood of
emotional or mental harm to the protected person;
(2) the prosecuting attorney has informed the defendant and the
defendant's attorney of the intention to have the protected person
testify outside the courtroom; and
(3) the prosecuting attorney informed the defendant and the
defendant's attorney under subdivision (2) at least ten (10) days
before the trial of the prosecuting attorney's intention to have the
protected person testify outside the courtroom.
(f) If the court makes an order under subsection (c), only the
following persons may be in the same room as the protected person
during the protected person's testimony:
(1) A defense attorney if:
(A) the defendant is represented by the defense attorney; and
(B) the prosecuting attorney is also in the same room.
(2) The prosecuting attorney if:
(A) the defendant is represented by a defense attorney; and
(B) the defense attorney is also in the same room.
(3) Persons necessary to operate the closed circuit television
equipment.
(4) Persons whose presence the court finds will contribute to the
protected person's well-being.
(5) A court bailiff or court representative.
(g) If the court makes an order under subsection (d), only the
following persons may be in the same room as the protected person
during the protected person's videotaped testimony:
(1) The judge.
(2) The prosecuting attorney.
(3) The defendant's attorney (or the defendant, if the defendant is
not represented by an attorney).
(4) Persons necessary to operate the electronic equipment.
(5) The court reporter.
(6) Persons whose presence the court finds will contribute to the
protected person's well-being.
(7) The defendant, who can observe and hear the testimony of the
protected person with the protected person being able to observe
or hear the defendant. However, if the defendant is not
represented by an attorney, the defendant may question the
protected person.
(h) If the court makes an order under subsection (c) or (d), only the
following persons may question the protected person:
(1) The prosecuting attorney.
(2) The defendant's attorney (or the defendant, if the defendant is
not represented by an attorney).
(3) The judge.
SOURCE: IC 35-37-6-2; (05)IN1398.1.126. -->
SECTION 126. IC 35-37-6-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. As used in this
chapter, "covered act" means any of the following offenses or an act
that, if committed by a person less than eighteen (18) years of age,
would be any of the following offenses if committed by an adult:
(1) A sex crime under IC 35-42-4.
(2) A battery against:
(A) a child under IC 35-42-2-1(2)(B); IC 35-42-2-1(a)(2)(B);
(B) a disabled person under IC 35-42-2-1(2)(C);
IC 35-42-2-1(a)(2)(C);
(C) an endangered adult under IC 35-42-2-1(2)(F);
IC 35-42-2-1(a)(2)(E); or
(D) a spouse under IC 35-42-2-1.
(3) Neglect of a dependent under IC 35-46-1-4.
(4) Incest (IC 35-46-1-3).
SOURCE: IC 35-38-1-17; (05)IN1398.1.127. -->
SECTION 127. IC 35-38-1-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 17. (a) Within three
hundred sixty-five (365) days after:
(1) the defendant a convicted person begins serving his the
sentence imposed on the person;
(2) a hearing is held:
(A) at which the defendant convicted person is present; and
(B) of which the prosecuting attorney has been notified; and
(3) obtaining the court obtains a report from the department of
correction concerning the defendant's convicted person's conduct
while imprisoned;
the court may reduce or suspend the sentence. The court must
incorporate its reasons in the record.
(b) If more than three hundred sixty-five (365) days have elapsed
since the defendant convicted person began serving the sentence and
after a hearing at which the convicted person is present, the court may
reduce or suspend the sentence, subject to the approval of the
prosecuting attorney. However, if in a sentencing hearing for a
defendant convicted person conducted after June 30, 2001, the court
could have placed the defendant convicted person in a community
corrections program as an alternative to commitment to the department
of correction, the court may modify the defendant's convicted person's
sentence under this section without the approval of the prosecuting
attorney to place the defendant convicted person in a community
corrections program under IC 35-38-2.6.
(c) The court must give notice of the order to reduce or suspend the
sentence under this section to the victim (as defined in IC 35-35-3-1)
of the crime for which the defendant convicted person is serving the
sentence.
(d) The court may suspend a sentence for a felony under this section
only if suspension is permitted under IC 35-50-2-2.
(e) The court may deny a request to suspend or reduce a sentence
under this section without making written findings and conclusions.
(f) Notwithstanding subsections (a) and (b), the court is not required
to conduct a hearing before reducing or suspending a sentence if:
(1) the prosecuting attorney has filed with the court an agreement
of the reduction or suspension of the sentence; and
(2) the defendant convicted person has filed with the court a
waiver of the right to be present when the order to reduce or
suspend the sentence is considered.
SOURCE: IC 35-38-5-5; (05)IN1398.1.128. -->
SECTION 128. IC 35-38-5-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5. (a) This section
does not apply to a request to a law enforcement agency for the release
or inspection of a limited criminal history to a noncriminal justice
organization or individual whenever the subject of the request is
described in IC 10-13-3-27(a)(8) or IC 10-13-3-27(a)(12).
(b) A person may petition the state police department to limit access
to the person's limited criminal history to criminal justice agencies if
more than fifteen (15) years have elapsed since the date the person was
discharged from probation, imprisonment, or parole (whichever is
later) for the last conviction for a crime.
(c) When a petition is filed under subsection (b), the state police
department shall not release limited criminal history to noncriminal
justice agencies under IC 10-13-5-27. IC 10-13-3-27.
SOURCE: IC 35-42-2-1; (05)IN1398.1.129. -->
SECTION 129. IC 35-42-2-1, AS AMENDED BY P.L.175-2003,
SECTION 2, AND AS AMENDED BY P.L.281-2003, SECTION 3, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 1. (a) A person who knowingly
or intentionally touches another person in a rude, insolent, or angry
manner commits battery, a Class B misdemeanor. However, the offense
is:
(1) a Class A misdemeanor if:
(A) it results in bodily injury to any other person;
(B) it is committed against a law enforcement officer or
against a person summoned and directed by the officer while
the officer is engaged in the execution of his official duty;
(C) it is committed against an employee of a penal facility or
a juvenile detention facility (as defined in IC 31-9-2-71) while
the employee is engaged in the execution of the employee's
official duty;
or
(D) it is committed against a firefighter (as defined in
IC 9-18-34-1) while the firefighter is engaged in the execution
of the firefighter's official duty;
or
(E) it is committed against a community policing volunteer:
(i) while the volunteer is performing the duties described in
IC 35-41-1-4.7; or
(ii) because the person is a community policing volunteer;
(2) a Class D felony if it results in bodily injury to:
(A) a law enforcement officer or a person summoned and
directed by a law enforcement officer while the officer is
engaged in the execution of his official duty;
(B) a person less than fourteen (14) years of age and is
committed by a person at least eighteen (18) years of age;
(C) a person of any age who is mentally or physically disabled
and is committed by a person having the care of the mentally
or physically disabled person, whether the care is assumed
voluntarily or because of a legal obligation;
(D) the other person and the person who commits the battery
was previously convicted of a battery in which the victim was
the other person;
(E) an endangered adult (as defined in IC 12-10-3-2);
(F) an employee of the department of correction while the
employee is engaged in the execution of the employee's
official duty;
(G) an employee of a school corporation while the employee
is engaged in the execution of the employee's official duty;
(H) a correctional professional while the correctional
professional is engaged in the execution of the correctional
professional's official duty;
(I) a person who is a health care provider (as defined in
IC 16-18-2-163) while the health care provider is engaged in
the execution of the health care provider's official duty;
(J) an employee of a penal facility or a juvenile detention
facility (as defined in IC 31-9-2-71) while the employee is
engaged in the execution of the employee's official duty; or
(K) a firefighter (as defined in IC 9-18-34-1) while the
firefighter is engaged in the execution of the firefighter's
official duty; or
(L) a community policing volunteer:
(i) while the volunteer is performing the duties described in
IC 35-41-1-4.7; or
(ii) because the person is a community policing volunteer;
(3) a Class C felony if it results in serious bodily injury to any
other person or if it is committed by means of a deadly weapon;
(4) a Class B felony if it results in serious bodily injury to a
person less than fourteen (14) years of age and is committed by a
person at least eighteen (18) years of age;
(5) a Class A felony if it results in the death of a person less than
fourteen (14) years of age and is committed by a person at least
eighteen (18) years of age;
(6) a Class C felony if it results in serious bodily injury to an
endangered adult (as defined in IC 12-10-3-2); and
(7) a Class B felony if it results in the death of an endangered
adult (as defined in IC 12-10-3-2).
(b) For purposes of this section:
(1) "law enforcement officer" includes an alcoholic beverage
enforcement officer; and
(2) "correctional professional" means a:
(A) probation officer;
(B) parole officer;
(C) community corrections worker; or
(D) home detention officer.
SOURCE: IC 35-46-1-8; (05)IN1398.1.130. -->
SECTION 130. IC 35-46-1-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: 8. (a) A person at least
eighteen (18) years of age who knowingly or intentionally encourages,
aids, induces, or causes a person less than eighteen (18) years of age to
commit an act of delinquency (as defined by IC 31-37-1 or IC 31-37-2)
commits contributing to delinquency, a Class A misdemeanor.
(b) However, an the offense described in subsection (a) is a Class
C felony: if:
(1) if:
(A) the (A) person committing the offense is at least
twenty-one (21) years of age and knowingly or intentionally
furnishes:
(i) an alcoholic beverage to a person less than eighteen (18)
years of age in violation of IC 7.1-5-7-8 when the person
committing the offense knew or reasonably should have
known that the person furnished the alcoholic beverage
was less than eighteen (18) years of age; or
(ii) a controlled substance (as defined in IC 35-48-1-9) or a
drug (as defined in IC 9-13-2-49.1) in violation of Indiana
law; and
(B) the consumption, ingestion, or use of the alcoholic
beverage, controlled substance, or drug is the proximate cause
of the death of any person; or
(2) if the person committing the offense is at least eighteen (18)
years of age and knowingly or intentionally encourages, aids,
induces, or causes a person less than eighteen (18) years of age to
commit an act that would be a felony if committed by an adult
under any of the following:
(A) IC 35-48-4-1.
(B) IC 35-48-4-2.
(C) IC 35-48-4-3.
(D) IC 35-48-4-4.
(E) IC 35-48-4-4.5.
(F) IC 35-48-4-4.6.
(G) IC 35-48-4-5.
SOURCE: IC 35-46-1-14; (05)IN1398.1.131. -->
SECTION 131. IC 35-46-1-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 14. Any person
acting in good faith who:
(1) makes or causes to be made a report of neglect, battery, or
exploitation under this chapter, IC 35-42-2-1(2)(C),
IC 35-42-2-1(a)(2)(C), or IC 35-42-2-1(2)(F);
IC 35-42-2-1(a)(2)(E);
(2) makes or causes to be made photographs or x-rays of a victim
of suspected neglect or battery of an endangered adult or a
dependent eighteen (18) years of age or older; or
(3) participates in any official proceeding or a proceeding
resulting from a report of neglect, battery, or exploitation of an
endangered adult or a dependent eighteen (18) years of age or
older relating to the subject matter of that report;
is immune from any civil or criminal liability that might otherwise be
imposed because of these actions. However, this section does not apply
to a person accused of neglect, battery, or exploitation of an
endangered adult or a dependent eighteen (18) years of age or older.
SOURCE: IC 35-47.5-4-4.5; (05)IN1398.1.132. -->
SECTION 132. IC 35-47.5-4-4.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE] Sec. 4.5. (a) This section
does not apply to a person who is regulated under IC 14-34.
(b) The commission shall adopt rules under IC 4-22-2 to:
(1) govern the use of a regulated explosive; and
(2) establish requirements for the issuance of a license for the use
of a regulated explosive.
(c) The commission shall include the following requirements in the
rules adopted under subsection (b):
(1) Relicensure every three (3) years after the initial issuance of
a license.
(2) Continuing education as a condition of relicensure.
(3) An application for licensure or relicensure must be submitted
to the office on forms approved by the commission.
(4) A fee for licensure and relicensure.
(5) Reciprocal recognition of a license for the use of a regulated
explosive issued by another state if the licensure requirements of
the other state are substantially similar to the licensure
requirements established by the commission.
(d) A person may not use a regulated explosive unless the person
has a license issued under this section for the use of a regulated
explosive.
(e) The office shall carry out the licensing and relicensing program
under the rules adopted by the commission.
(f) As used in this section, "regulated explosive" does not include
either of the following:
(1) Consumer fireworks (as defined in 27 CFR 55.11). 27 CFR
555.11).
(2) Commercially manufactured black powder in quantities not to
exceed fifty (50) pounds, if the black powder is intended to be
used solely for sporting, recreational, or cultural purposes in
antique firearms or antique devices.
SOURCE: IC 35-50-5-3; (05)IN1398.1.133. -->
SECTION 133. IC 35-50-5-3, AS AMENDED BY P.L.85-2004,
SECTION 54, AND AS AMENDED BY P.L.98-2004, SECTION 157,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 3. (a) Except as provided in
subsection (i), in addition to any sentence imposed under this article for
a felony or misdemeanor, the court may, as a condition of probation or
without placing the person on probation, order the person to make
restitution to the victim of the crime, the victim's estate, or the family
of a victim who is deceased. The court shall base its restitution order
upon a consideration of:
(1) property damages of the victim incurred as a result of the
crime, based on the actual cost of repair (or replacement if repair
is inappropriate);
(2) medical and hospital costs incurred by the victim (before the
date of sentencing) as a result of the crime;
(3) the cost of medical laboratory tests to determine if the crime
has caused the victim to contract a disease or other medical
condition;
(4) earnings lost by the victim (before the date of sentencing) as
a result of the crime including earnings lost while the victim was
hospitalized or participating in the investigation or trial of the
crime; and
(5) funeral, burial, or cremation costs incurred by the family or
estate of a homicide victim as a result of the crime.
(b) A restitution order under subsection (a) or (i) is a judgment lien
that:
(1) attaches to the property of the person subject to the order;
(2) may be perfected;
(3) may be enforced to satisfy any payment that is delinquent
under the restitution order by the person in whose favor the order
is issued or the person's assignee; and
(4) expires;
in the same manner as a judgment lien created in a civil proceeding.
(c) When a restitution order is issued under subsection (a), the
issuing court may order the person to pay the restitution, or part of the
restitution, directly to:
(1) the victim services division of the Indiana criminal justice
institute in an amount not exceeding:
(1) (A) the amount of the award, if any, paid to the victim
under IC 5-2-6.1; and
(2) (B) the cost of the reimbursements, if any, for emergency
services provided to the victim under IC 16-10-1.5 (before its
repeal) or IC 16-21-8;
or
(2) a probation department that shall forward restitution or part
of restitution to:
(A) a victim of a crime;
(B) a victim's estate; or
(C) the family of a victim who is deceased.
The victim services division of the Indiana criminal justice institute
shall deposit the restitution
received it receives under this subsection
in the violent crime victims compensation fund established by
IC 5-2-6.1-40.
(d) When a restitution order is issued under subsection (a) or (i), the
issuing court shall send a certified copy of the order to the clerk of the
circuit court in the county where the felony or misdemeanor charge was
filed. The restitution order must include the following information:
(1) The name and address of the person that is to receive the
restitution.
(2) The amount of restitution the person is to receive.
Upon receiving the order, the clerk shall enter and index the order in
the circuit court judgment docket in the manner prescribed by
IC 33-17-2-3. IC 33-32-3-2. The clerk shall also notify the department
of insurance of an order of restitution under subsection (i).
(e) An order of restitution under subsection (a) or (i) does not bar a
civil action for:
(1) damages that the court did not require the person to pay to the
victim under the restitution order but arise from an injury or
property damage that is the basis of restitution ordered by the
court; and
(2) other damages suffered by the victim.
(f) Regardless of whether restitution is required under subsection (a)
as a condition of probation or other sentence, the restitution order is not
discharged by the completion of any probationary period or other
sentence imposed for a felony or misdemeanor.
(g) A restitution order under subsection (a) or (i) is not discharged
by the liquidation of a person's estate by a receiver under IC 32-30-5
(or IC 34-48-1, IC 34-48-4, IC 34-48-5, IC 34-48-6, IC 34-1-12, or
IC 34-2-7 before their repeal).
(h) The attorney general may pursue restitution ordered by the court
under subsections (a) and (c) on behalf of the victim services division
of the Indiana criminal justice institute established under IC 5-2-6-8.
(i) The court may order the person convicted of an offense under
IC 35-43-9 to make restitution to the victim of the crime. The court
shall base its restitution order upon a consideration of the amount of
money that the convicted person converted, misappropriated, or
received, or for which the convicted person conspired. The restitution
order issued for a violation of IC 35-43-9 must comply with
subsections (b), (d), (e), and (g), and is not discharged by the
completion of any probationary period or other sentence imposed for
a violation of IC 35-43-9.
SOURCE: IC 36-7-31.3-9; (05)IN1398.1.134. -->
SECTION 134. IC 36-7-31.3-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 9. (a) A tax area
must be initially established by resolution:
(1) except as provided in subdivision (2) before July 1, 1999; or
(2) before January 1, 2005, in the case of:
(A) in the case of a second class city; or
(B) the city of Marion;
according to the procedures set forth for the establishment of an
economic development area under IC 36-7-14. A tax area may be
changed or the terms governing the tax area revised in the same manner
as the establishment of the initial tax area. Only one (1) tax area may
be created in each county.
(b) In establishing the tax area, the designating body must make the
following findings instead of the findings required for the
establishment of economic development areas:
(1) Except for a tax area in a city having a population of:
(A) more than one hundred fifty thousand (150,000) but less
than five hundred thousand (500,000); or
(B) more than ninety thousand (90,000) but less than one
hundred five thousand (105,000);
there is a capital improvement that will be undertaken or has been
undertaken in the tax area for a facility that is used by a
professional sports franchise for practice or competitive sporting
events. A tax area to which this subdivision applies may also
include a capital improvement that will be undertaken or has been
undertaken in the tax area for a facility that is used for any
purpose specified in section 8(a)(2) of this chapter.
(2) For a tax area in a city having a population of more than one
hundred fifty thousand (150,000) but less than five hundred
thousand (500,000), there is a capital improvement that will be
undertaken or has been undertaken in the tax area for a facility
that is used for any purpose specified in section 8(a) of this
chapter.
(3) For a tax area in a city having a population of more than
ninety thousand (90,000) but less than one hundred five thousand
(105,000), there is a capital improvement that will be undertaken
or has been undertaken in the tax area for a facility that is used for
any purpose specified in section 8(a)(2) of this chapter.
(4) The capital improvement that will be undertaken or that has
been undertaken in the tax area will benefit the public health and
welfare and will be of public utility and benefit.
(5) The capital improvement that will be undertaken or that has
been undertaken in the tax area will protect or increase state and
local tax bases and tax revenues.
(c) The tax area established under this chapter is a special taxing
district authorized by the general assembly to enable the designating
body to provide special benefits to taxpayers in the tax area by
promoting economic development that is of public use and benefit.
SOURCE: IC 4-1-7.1-5; IC 4-4-11-16.1; IC 5-13-12-8.5; IC 6-6-5-
7.5; IC 6-6-5.5-15; IC 8-1-8.6; IC 9-18-25-1.6; IC 9-18-25-14; IC 9-
18-25-16; IC 12-15-19-9; IC 14-22-12-1.6; IC 21-2-4-7; IC 21-2-11.5-
5; IC 21-2-15-13.1; IC 31-40-1-1.7; IC 34-13-1-2; IC 36-9-31-26.
; (05)IN1398.1.135. -->
SECTION 135. THE FOLLOWING ARE REPEALED
[EFFECTIVE UPON PASSAGE]: IC 4-1-7.1-5; IC 4-4-11-16.1;
IC 5-13-12-8.5; IC 6-6-5-7.5; IC 6-6-5.5-15; IC 8-1-8.6;
IC 9-18-25-1.6; IC 9-18-25-14; IC 9-18-25-16; IC 12-15-19-9;
IC 14-22-12-1.6; IC 21-2-4-7; IC 21-2-11.5-5; IC 21-2-15-13.1;
IC 31-40-1-1.7; IC 34-13-1-2; IC 36-9-31-26.
SOURCE: ; (05)IN1398.1.136. -->
SECTION 136. P.L.66-2004, SECTION 6, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: SECTION
6. (a) As used in this SECTION, "department" refers to the Indiana
department of administration established by IC 4-13-1-2.
(b) As used in this SECTION, "preference" refers to an Indiana
business preference claimed by a contractor or a business under a
preference statute.
(c) As used in this SECTION, "preference statute" refers to either
of the following:
(1) IC 4-13.6-6-2.7, as added by this act.
(2) IC 5-22-15-20.5, as added by this act.
(d) The department shall compile and organize a report relating to
every contractor or business that claims a preference. The report must
include the following information:
(1) A summary of the information that contractors and businesses
that claim a preference are required to report under the preference
statute.
(2) A summary of the number of contracts awarded to Indiana
contractors or businesses under a preference statute. The
summary must be broken down by each of the criteria in the
preference statute for determining whether a business is an
Indiana business.
(3) A statement of issues or questions raised, if any, in the
implementation of the preference statutes.
(4) A statement of recommendations, if any, that the department
has for changes to the preference statutes.
(5) Any other information the department considers useful in the
evaluation of the preference statutes.
(e) The report described by subsection (c) (d) must:
(1) provide the statistical information broken down by fiscal year
with the fiscal year ending:
(A) June 30, 2005, being the first year of the report; and
(B) June 30, 2008, being the last year of the report; and
(2) be submitted to the legislative council not later than
September 1, 2008, in an electronic format under IC 5-14-6.
(f) This SECTION expires July 1, 2009.
SOURCE: ; (05)IN1398.1.137. -->
SECTION 137. P.L.90-2004, SECTION 15, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: SECTION
15. (a) The definitions in IC 6-1.1-1 apply throughout this SECTION.
(b) As used in this SECTION, "taxpayer" means a nonprofit
corporation that is an owner of land and improvements:
(1) that were owned, occupied, and used by the taxpayer to
provide youths with the opportunity to play supervised and
organized baseball or softball, or both, against other youths during
the period preceding the assessment date in 2002 and continuing
through the date that this SECTION is effective;
(2) for which a property tax liability was imposed for property
taxes first due and payable in 2001, 2002, and 2003 that exceeded
eighteen thousand dollars ($18,000), in the aggregate, and was
paid in 2003;
(3) that would have qualified for an exemption under IC 6-1.1-10
from property taxes first due and payable in 2003 if the owner had
complied with the filing requirements for the exemption in a
timely manner; and
(4) that have been granted an exemption under IC 6-1.1-10 from
property taxes first due and payable in 2004.
(c) The land and improvements described in subsection (b) are
exempt under IC 6-1.1-10-16 from property taxes first due and payable
in 2003, notwithstanding that the taxpayer failed to make a timely
application for the exemption on or before May 15, 2002.
(d) The taxpayer may file claims with the county auditor for a
refund for the amounts paid toward property taxes on the land and
improvements described in subsection (b) that were billed to the
taxpayer for property taxes first due and payable in 2001, 2002, and
2003. The claim must be filed as set forth in IC 6-1.1-26-1(1) through
IC 6-1.1-26-1(3). The claims must present sufficient facts for the
county auditor to determine whether the claimant is a person that meets
the qualifications described in subsection (b) and the amount that
should be refunded to the taxpayer.
(e) Upon receiving a claim filed under this SECTION, the county
auditor shall determine whether the claim is correct. If the county
auditor determines that the claim is correct, the county auditor shall
submit the claim under IC 6-1.1-26-3 IC 6-1.1-26-4 to the county
board of commissioners for review. The only grounds for disallowing
the claim under IC 6-1.1-26-4 are that the claimant is not a person that
meets the qualifications described in subsection (b) or that the amount
claimed is not the amount due to the taxpayer. If the claim is allowed,
the county auditor shall, without an appropriation being required, issue
a warrant to the claimant payable from the county general fund for the
amount due the claimant under this SECTION. The amount of the
refund must equal the amount of the claim allowed. Notwithstanding
IC 6-1.1-26-5, no interest is payable on the refund.
(f) This SECTION expires December 31, 2006.
SOURCE: ; (05)IN1398.1.138. -->
SECTION 138. P.L.96-2004, SECTION 28, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: SECTION
28. (a) As used in this SECTION, "department" refers to the
department of workforce development.
(b) Notwithstanding IC 22-4.1-7-7, IC 22-4.1-7-8, as added by this
act, P.L.96-2004, the department, in consultation with the department
of education, shall adopt rules to implement IC 22-4.1-7, as added by
this act, P.L.96-2004, in the same manner as emergency rules are
adopted under IC 4-22-2-37.1. Any rules adopted under this SECTION
must be adopted not later than September 1, 2004. A rule adopted
under this SECTION expires on the earlier of:
(1) the date a rule is adopted by the department, in consultation
with the department of education, under IC 4-22-2-24 through
IC 4-22-2-36 to implement IC 22-4.1-7, as added by this act;
P.L.96-2004; or
(2) January 1, 2006.
(c) This SECTION expires December 31, 2007.
SOURCE: ; (05)IN1398.1.139. -->
SECTION 139. P.L.231-2003, SECTION 6, AS AMENDED BY
P.L.24-2004, SECTION 8, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: SECTION 6. (a) Except as provided
in subsection (b), before July 1, 2006, the:
(1) air pollution control board, water pollution control board, or
solid waste management board may not adopt a new rule; and
(2) department of environmental management may not adopt a
new policy;
if the new rule or policy would require any industry described in
subsection (b) subsection (c) that experienced at least a ten percent
(10%) job loss or a ten percent (10%) decline in production during
calendar years 2001, 2002, and 2003 to comply with a standard of
conduct that exceeds the standard established in a related federal
regulation or regulatory policy.
(b) Subsection (a) does not apply to the adoption of a new rule by
the air pollution control board that is necessary to attain or maintain the
primary or secondary national ambient air quality standards as part of
a state implementation plan submitted to the United States
Environmental Protection Agency under Section 110 of the federal
Clean Air Act (42 U.S.C. 7410a).
(c) The following are the industries referred to in subsection (a)
functioning under the following primary Standard Industrial
Classification (SIC) codes:
(1) Blast furnaces and steel mills (3312).
(2) Gray and ductile iron foundries (3321).
(3) Malleable iron foundries (3322).
(4) Steel investment foundries (3324).
(5) Steel foundries (3325).
(6) Aluminum foundries (3365).
(7) Copper foundries (3366).
(8) Nonferrous foundries (3369).
(d) This SECTION expires July 1, 2006.
SOURCE: ; (05)IN1398.1.140. -->
SECTION 140. P.L.62-2004, SECTION 3, IS REPEALED
[EFFECTIVE UPON PASSAGE].
SOURCE: ; (05)IN1398.1.141. -->
SECTION 141.
An emergency is declared for this act.