SB 94-1_ Filed 04/23/2007, 10:40
Adopted 4/26/2007
CONFERENCE COMMITTEE REPORT
DIGEST FOR ESB 94
Citations Affected: Numerous provisions throughout the Indiana Code.
Synopsis: Individuals with disabilities. Conference committee report for ESB 94. Changes
terms used to describe individuals with disabilities. (The introduced version of this bill was
prepared by the code revision commission.) (This conference committee report: (1) removes
the text providing for the establishment of the Golden Hoosier discount card program; (2)
resolves a technical conflict with SEA 524 (changing a reference to the "Indiana finance
authority"); (3) resolves conflicts with SEA 526 (the higher education recodification bill);
and (4) makes technical corrections.)
Effective: Upon passage; July 1, 2007.
Text Box
Adopted Rejected
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CONFERENCE COMMITTEE REPORT
MR. SPEAKER:
Your Conference Committee appointed to confer with a like committee from the Senate
upon Engrossed House Amendments to Engrossed Senate Bill No. 94 respectfully reports that
said two committees have conferred and agreed as follows to wit:
that the Senate recede from its dissent from all House amendments and that
the Senate now concur in all House amendments to the bill and that the bill
be further amended as follows:
SOURCE: Page 3, line 15; (07)CC009401.3. -->
Page 3, line 15, after "IC 3-6-6-40" insert ", AS AMENDED BY
P.L.23-2005, SECTION 16,".
Page 6, delete lines 12 through 19, begin a new paragraph and
insert:
"(d) In all written examinations to determine the qualifications of
applicants for entrance into state service:
(1) ten (10) points shall be added to the earned rating of persons
taking the competitive examination under subsection (c)(1) or
(c)(2);
(2) five (5) points shall be added to the earned ratings of persons
taking the competitive examination under subsection (c)(3); and
(3) two (2) points shall be added to the earned rating of persons
taking the competitive examination under subsection (c)(4).".
Page 8, delete lines 27 through 42, begin a new paragraph and
insert:
SOURCE: IC 4-15-12-1; (07)CC009401.9. -->
"SECTION 9. IC 4-15-12-1, AS AMENDED BY SEA 526-2007,
SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 1. As used in this chapter:
"Affected class" means:
(1) minorities;
(2) women;
(3) persons with disabilities; and
(4) persons forty (40) years of age and older.
"Affirmative action policy" means the state's affirmative action
policy established in section 2 of this chapter.
"Persons with disabilities" means all persons who by reason of
physical or mental defect disability are unable to achieve full
vocational participation.
"Minorities" means persons identified as Blacks, Native Americans,
Asian Americans, and Hispanics.
"Office" means the Indiana affirmative action office created by this
chapter.
"State agency" means any department, agency, commission,
division, authority, board, bureau, or office of the state under the
executive authority of the governor, except any state educational
institution.
"Underutilization" means having fewer members of an affected class
in a particular job category and classification than would be reasonably
expected by their availability in the labor market for that job category
and classification.".
SOURCE: Page 9, line 1; (07)CC009401.9. -->
Page 9, delete lines 1 through 9.
Page 10, delete lines 12 through 16, begin a new paragraph and
insert:
SOURCE: IC 5-1-16-1; (07)CC009401.11. -->
"SECTION 11. IC 5-1-16-1, AS AMENDED BY SEA 524-2007,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 1. As used in this chapter:
"Authority" refers to the Indiana finance authority.".
SOURCE: Page 49, line 5; (07)CC009401.49. -->
Page 49, delete lines 5 through 42.
Page 50, delete lines 1 through 11.
Page 64, delete lines 38 through 42.
Page 65, delete lines 1 though 27.
Page 71, delete lines 25 through 32, begin a new paragraph and
insert:
SOURCE: IC 12-12-1-2; (07)CC009401.89. -->
"SECTION 89. IC 12-12-1-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. The director
shall organize the bureau in the manner necessary to carry out the
bureau's duties. However, the bureau must include the following:
(1) The unit of services for the individuals who are blind and
individuals who are visually impaired.
(2) The unit of vocational rehabilitation.
(3) The unit of services for the individuals who are deaf and
individuals who are hard of hearing.".
SOURCE: Page 78, line 33; (07)CC009401.78. -->
Page 78, delete lines 33 through 42, begin a new paragraph and
insert:
SOURCE: IC 12-21-2-3; (07)CC009401.102. -->
"SECTION 102. IC 12-21-2-3, AS AMENDED BY SEA 526-2007,
SECTION 163, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 3. (a) In addition to the general
authority granted to the director under IC 12-8-8, the director shall do
the following:
(1) Organize the division, create the appropriate personnel
positions, and employ personnel necessary to discharge the
statutory duties and powers of the division or a bureau of the
division.
(2) Subject to the approval of the state personnel department,
establish personnel qualifications for all deputy directors,
assistant directors, bureau heads, and superintendents.
(3) Subject to the approval of the budget director and the
governor, establish the compensation of all deputy directors,
assistant directors, bureau heads, and superintendents.
(4) Study the entire problem of mental health, mental illness, and
addictions existing in Indiana.
(5) Adopt rules under IC 4-22-2 for the following:
(A) Standards for the operation of private institutions that are
licensed under IC 12-25 for the diagnosis, treatment, and care
of individuals with psychiatric disorders, addictions, or other
abnormal mental conditions.
(B) Licensing supervised group living facilities described in
IC 12-22-2-3 for individuals who are mentally ill. with a
mental illness.
(C) Certifying community residential programs described in
IC 12-22-2-3 for individuals who are mentally ill. with a
mental illness.
(D) Certifying community mental health centers to operate in
Indiana.
(E) Establish exclusive geographic primary service areas for
community mental health centers. The rules must include the
following:
(i) Criteria and procedures to justify the change to the
boundaries of a community mental health center's primary
service area.
(ii) Criteria and procedures to justify the change of an
assignment of a community mental health center to a
primary service area.
(iii) A provision specifying that the criteria and procedures
determined in items (i) and (ii) must include an option for
the county and the community mental health center to
initiate a request for a change in primary service area or
provider assignment.
(iv) A provision specifying the criteria and procedures
determined in items (i) and (ii) may not limit an eligible
consumer's right to choose or access the services of any
provider who is certified by the division of mental health
and addiction to provide public supported mental health
services.
(6) Institute programs, in conjunction with an accredited college
or university and with the approval, if required by law, of the
commission for higher education, for the instruction of students
of mental health and other related occupations. The programs may
be designed to meet requirements for undergraduate and
postgraduate degrees and to provide continuing education and
research.
(7) Develop programs to educate the public in regard to the
prevention, diagnosis, treatment, and care of all abnormal mental
conditions.
(8) Make the facilities of the Larue D. Carter Memorial Hospital
available for the instruction of medical students, student nurses,
interns, and resident physicians under the supervision of the
faculty of the Indiana University School of Medicine for use by
the school in connection with research and instruction in
psychiatric disorders.
(9) Institute a stipend program designed to improve the quality
and quantity of staff that state institutions employ.
(10) Establish, supervise, and conduct community programs,
either directly or by contract, for the diagnosis, treatment, and
prevention of psychiatric disorders.
(11) Adopt rules under IC 4-22-2 concerning the records and data
to be kept concerning individuals admitted to state institutions,
community mental health centers, or managed care providers.
(12) Establish, maintain, and reallocate before July 1, 1996,
one-third (1/3), and before January 1, 1998, the remaining
two-thirds (2/3) of the following:
(A) long term care service settings; and
(B) state operated long term care inpatient beds;
designed to provide services for patients with long term
psychiatric disorders as determined by the quadrennial actuarial
study under IC 12-21-5-1.5(9). A proportional number of long
term care service settings and inpatient beds must be located in an
area that includes a consolidated city and its adjacent counties.
(13) Compile information and statistics concerning the ethnicity
and gender of a program or service recipient.
(14) Establish standards for each element of the continuum of
care for community mental health centers and managed care
providers.
(b) As used in this section, "long term care service setting" means
the following:
(1) The anticipated duration of the patient's mental health setting
is more than twelve (12) months.
(2) Twenty-four (24) hour supervision of the patient is available.
(3) A patient in the long term care service setting receives:
(A) active treatment if appropriate for a patient with a chronic
and persistent mental disorder or chronic addictive disorder;
(B) case management services from a state approved provider;
and
(C) maintenance of care under the direction of a physician.
(4) Crisis care is available.
(c) Funding for services under subsection (a)(12) shall be provided
by the division through the reallocation of existing appropriations. The
need of the patients is a priority for services. The division shall adopt
rules to implement subsection (a)(12) before July 1, 1995.".
Delete pages 79 through 80.
SOURCE: Page 81, line 1; (07)CC009401.81. -->
Page 81, delete lines 1 through 10.
Page 104, delete lines 3 through 33, begin a new paragraph and
insert:
SOURCE: IC 16-18-2-179; (07)CC009401.156. -->
"SECTION 156. IC 16-18-2-179, AS AMENDED BY SEA
526-2007, SECTION 186, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 179. (a) "Hospital", except as
provided in subsections (b) through (g), means a hospital that is
licensed under IC 16-21-2.
(b) "Hospital", for purposes of IC 16-21, means an institution, a
place, a building, or an agency that holds out to the general public that
it is operated for hospital purposes and that it provides care,
accommodations, facilities, and equipment, in connection with the
services of a physician, to individuals who may need medical or
surgical services. The term does not include the following:
(1) Freestanding health facilities.
(2) Hospitals or institutions specifically intended to diagnose,
care, and treat the following:
(A) Mentally ill Individuals with a mental illness (as defined
in IC 12-7-2-131). IC 12-7-2-117.6).
(B) Individuals with developmental disabilities (as defined in
IC 12-7-2-61).
(3) Offices of physicians where patients are not regularly kept as
bed patients.
(4) Convalescent homes, boarding homes, or homes for the aged.
(c) "Hospital", for purposes of IC 16-22-8, has the meaning set forth
in IC 16-22-8-5.
(d) "Hospital", for purposes of IC 16-23.5, has the meaning set forth
in IC 16-23.5-1-9.
(e) "Hospital" or "tuberculosis hospital", for purposes of IC 16-24,
means an institution or a facility for the treatment of individuals with
tuberculosis.
(f) "Hospital", for purposes of IC 16-34, means a hospital (as
defined in subsection (b)) that:
(1) is required to be licensed under IC 16-21-2; or
(2) is operated by an agency of the United States.
(g) "Hospital", for purposes of IC 16-41-12, has the meaning set
forth in IC 16-41-12-6.".
Renumber all SECTIONS consecutively.
(Reference is to ESB 94 as reprinted March 7, 2007.)
Conference Committee Report
on
Engrossed Senate Bill 94
Text Box
S
igned by:
____________________________ ____________________________
Senator LandskeRepresentative Van Haaften
Chairperson
____________________________ ____________________________
Senator BrodenRepresentative Foley
Senate Conferees House Conferees