Citations Affected: Numerous citations throughout the Indiana Code.
Synopsis: Technical corrections bill. Corrects various technical
problems in the Indiana Code. (The introduced version of this bill was
prepared by the code revision commission.)
Effective: Upon passage.
January 8, 2008, read first time and referred to Committee on Public Policy.
A BILL FOR AN ACT to amend the Indiana Code concerning
general provisions.
qualify to perform those duties and to assume those rights and
powers.
(c) A person who runs successfully under subsection (b) but has
not attained the certification of a level two assessor-appraiser
under IC 6-1.1-35.5 before taking office:
(1) may perform in office only duties other than the duties of
a township assessor under IC 36-6-5-1; and
(2) has only the rights and powers of the trustee other than
the rights and powers of a township assessor under
IC 36-6-5-1.
The restrictions listed in this subsection apply to the entire term for
which the person takes office, regardless of whether the person
attains the certification of a level two assessor-appraiser under
IC 6-1.1-35.5 during the term of office.
UPON PASSAGE]: Sec. 1. (a) The definitions in this section apply
throughout this chapter.
(b) "Commission" refers to the governor's commission on minority
and women's business enterprises established under section 2 of this
chapter.
(c) "Commissioner" refers to the deputy commissioner for minority
and women's business enterprises of the department.
(d) "Contract" means any contract awarded by a state agency for
construction projects or the procurement of goods or services,
including professional services.
(e) "Department" refers to the Indiana department of administration
established by IC 4-13-1-2.
(f) "Minority business enterprise" or "minority business" means an
individual, partnership, corporation, limited liability company, or joint
venture of any kind that is owned and controlled by one (1) or more
persons who are:
(1) United States citizens; and
(2) members of a minority group or a qualified minority nonprofit
corporation.
(g) "Qualified minority or women's nonprofit corporation" means a
corporation that:
(1) is exempt from federal income taxation under Section
501(c)(3) of the Internal Revenue Code;
(2) is headquartered in Indiana;
(3) has been in continuous existence for at least five (5) years;
(4) has a board of directors that has been in compliance with all
other requirements of this chapter for at least five (5) years;
(5) is chartered for the benefit of the minority community or
women; and
(6) provides a service that will not impede competition among
minority business enterprises or women's business enterprises at
the time a nonprofit applies for certification as a minority
business enterprise or a women's business enterprise.
(h) "Owned and controlled" means:
(1) if the business is a qualified minority nonprofit corporation, a
majority of the board of directors are minority;
(2) if the business is a qualified women's nonprofit corporation,
a majority of the members of the board of defectors directors are
women; or
(3) if the business is a business other than a qualified minority or
women's nonprofit corporation, having:
(A) ownership of at least fifty-one percent (51%) of the
enterprise, including corporate stock of a corporation;
(B) control over the management and active in the day-to-day
operations of the business; and
(C) an interest in the capital, assets, and profits and losses of
the business proportionate to the percentage of ownership.
(i) "Minority group" means:
(1) Blacks;
(2) American Indians;
(3) Hispanics;
(4) Asian Americans; and
(5) other similar minority groups.
(j) "Separate body corporate and politic" refers to an entity
established by the general assembly as a body corporate and politic.
(k) "State agency" refers to any authority, board, branch,
commission, committee, department, division, or other instrumentality
of the executive, including the administrative, department of state
government.
The names of all persons attaining the minimum final earned ratings
established by the director in advance of the giving of the tests shall be
placed upon the eligible list in order of their ratings. The names of
persons who have indicated in writing that they are unwilling to accept
appointment may be dropped from the list. All persons competing in
any test shall be given written notice of their final earned ratings.
Statements of former employers of the applicants shall be confidential.
A manifest error in rating a test shall be corrected if called to the
attention of the director, but such correction shall not invalidate any
appointment previously made from such a list.
(b) In certification for appointment, in appointment, in
reinstatement, and in reemployment in any state service, preference
shall be given to former members of the military services of the United
States who served on active duty in any branch of the armed forces and
who at no time received a discharge or separation under other than
honorable conditions, except corrected separation or discharge to read
"honorable" as evidenced by appropriate records presented from the
United States Department of Defense or appropriate branch of the
military service.
(c) Preference shall be given in the following priorities:
(1) Former members of the military service who have established
the present existence of a service connected disability of ten
percent (10%) or more, as evidenced by records of the United
States Department of Veterans Affairs or disability retirement
benefits as evidenced by laws administered by the United States
Department of Defense.
(2) The spouse of a veteran with a service connected disability
and the unremarried spouse of a deceased veterans. veteran.
(3) Those former members of the military service who are
wartime veterans.
(4) Veterans of the military service who served more than one
hundred eighty-one (181) days on active duty, regardless of when
served.
(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).
height, and weight, if the requirement is not essential to the
performance of the duties of the position for which examination is
given. The department, after giving due consideration to the
recommendation of any accredited physician, shall waive the physical
requirements in the case of any veteran, if the veteran is, in the opinion
of the director, physically able to discharge efficiently the duties of the
position for which the examination is given. No minimum educational
requirement may be prescribed in any civil service examination except
for such scientific, technical, or professional positions, the duties of
which the department decides cannot be performed by a person who
does not have such education. The director shall make a part of the
department's public records the director's reasons for such decision.
(j) The names of preference eligibles shall be entered on the
appropriate registers or lists of eligibles in accordance with their
respective augmented ratings. The name of a preference eligible shall
be entered ahead of all others having the same rating.
(k) The director shall adopt appropriate rules under IC 4-22-2 for
the administration and enforcement of this section.
(l) In any reduction in personnel in any state service, competing
employees shall be released in accordance with board regulations
which shall give due effect to tenure of employment, military
preference, length of service, and efficiency ratings. The length of time
spent in active service in the armed forces of the United States of each
such employee shall be credited in computing length of total service.
Veteran's preference points shall be added to the retention score of a
preference eligible. When any of the functions of any state agency are
transferred to, or when any state agency is replaced by, some other state
agency or agencies, all preference employees in the function or
functions transferred or in the agency replaced shall first be transferred
to the replacing agency or agencies for employment in positions for
which they are qualified, before the agency or agencies appoint
additional employees from any other sources for such positions.
(m) Any preference eligible who has resigned may, at the request of
any appointing officer, be certified for and appointed to any position
for which the preference eligible has been a regular employee in the
state service.
(n) Any preference eligible who has been furloughed or separated
without delinquency or misconduct, upon request, shall have the
preference eligible's name placed on all appropriate registers and
employment lists, for every position for which the preference eligible's
qualifications have been established.
(o) Applicants claiming preference of their own service must submit
either:
(1) original discharge or separation or certified copies or photostat
copies of the originals;
(2) an official statement from the United States Department of
Defense showing record of service; or
(3) an official statement from the United States Department of
Veterans Affairs supporting the claim for disability.
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 adopted by the state lottery commission
under IC 4-30-3-9.
(9) 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.
(10) An emergency rule adopted by the Indiana finance authority
under IC 8-21-12.
(11) An emergency rule adopted by the insurance commissioner
under IC 27-1-23-7.
(12) An emergency rule adopted by the Indiana horse racing
commission under IC 4-31-3-9.
(13) 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 or other date provided 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 .
(14) An emergency rule adopted by the Indiana election
commission under IC 3-6-4.1-14.
(15) An emergency rule adopted by the department of natural
resources under IC 14-10-2-5.
(16) An emergency rule adopted by the Indiana gaming
commission under IC 4-32.2-3-3(b), IC 4-33-4-2, IC 4-33-4-3, or
IC 4-33-4-14, or IC 4-35-4-2.
(17) 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.
(18) An emergency rule adopted by the department of financial
institutions under IC 28-15-11.
(19) An emergency rule adopted by the office of the secretary of
family and social services under IC 12-8-1-12.
(20) An emergency rule adopted by the office of the children's
health insurance program under IC 12-17.6-2-11.
(21) An emergency rule adopted by the office of Medicaid policy
and planning under IC 12-15-41-15. or IC 12-15-44-19(b).
(22) An emergency rule adopted by the Indiana state board of
animal health under IC 15-2.1-18-21. IC 15-17-10-9.
(23) An emergency rule adopted by the board of directors of the
Indiana education savings authority under IC 21-9-4-7.
(24) An emergency rule adopted by the Indiana board of tax
review under IC 6-1.1-4-34 (repealed).
(25) An emergency rule adopted by the department of local
government finance under IC 6-1.1-4-33 (repealed).
(26) An emergency rule adopted by the boiler and pressure vessel
rules board under IC 22-13-2-8(c).
(27) An emergency rule adopted by the Indiana board of tax
review under IC 6-1.1-4-37(l) (repealed) or an emergency rule
adopted by the department of local government finance under
IC 6-1.1-4-36(j) (repealed) or IC 6-1.1-22.5-20.
(28) An emergency rule adopted by the board of the Indiana
economic development corporation under IC 5-28-5-8.
(29) A rule adopted by the department of financial institutions
under IC 34-55-10-2.5.
(30) A rule adopted by the Indiana finance authority:
(A) under IC 8-15.5-7 approving user fees (as defined in
IC 8-15.5-2-10) provided for in a public-private agreement
under IC 8-15.5;
(B) under IC 8-15-2-17.2(a)(10):
(i) establishing enforcement procedures; and
(ii) making assessments for failure to pay required tolls;
(C) under IC 8-15-2-14(a)(3) authorizing the use of and
establishing procedures for the implementation of the
collection of user fees by electronic or other nonmanual
means; or
(D) to make other changes to existing rules related to a toll
road project to accommodate the provisions of a public-private
agreement under IC 8-15.5.
(31) An emergency rule adopted by the board of the Indiana
health informatics corporation under IC 5-31-5-8.
(b) The following do not apply to rules described in subsection (a):
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)(8), (a)(12), or (a)(29)
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)(24) or (a)(25) expires not later
than January 1, 2006.
(k) A rule described in subsection (a)(28) expires on the expiration
date stated by the board of the Indiana economic development
corporation in the rule.
(l) A rule described in subsection (a)(30) expires on the expiration
date stated by the Indiana finance authority in the rule.
adopted under this subsection subdivision must promote
interoperability and open use of data with various GIS software,
applications, computer hardware, and computer operating
systems.
(3) Act as the administrator of:
(A) the state standards and policies concerning GIS data and
framework data; and
(B) the statewide data integration plan.
(4) Enforce the state GIS data standards and execute the statewide
data integration plan adopted under subdivision (2) through the
use of:
(A) GIS policies developed for state agencies; and
(B) data exchange agreements involving an entity other than
a state agency.
(5) Coordinate the state data center's duties under this chapter.
(6) Act as the state's representative for:
(A) requesting grants available for the acquisition or
enhancement of GIS resources; and
(B) preparing funding proposals for grants to enhance
coordination and implementation of GIS.
(7) Review and approve, in accordance with the statewide data
integration plan, the procurement of GIS goods and services
involving the state data center or a state agency.
(8) Cooperate with the United States Board on Geographic Names
established by P.L.80-242 by serving as the chair of a committee
formed with the IGIC as the state names authority for Indiana.
(9) Publish a biennial report. The report must include the status
and metrics on the progress of the statewide data integration plan.
(10) Represent the state's interest to federal agencies regarding
the National Spatial Data Infrastructure.
(11) Serve as the state's primary point of contact for
communications and discussions with federal agencies regarding
framework data, spatial data exchanges, cost leveraging
opportunities, spatial data standards, and other GIS related issues.
(12) Facilitate GIS data cooperation between units of the federal,
state, and local governments.
(13) Promote the development and maintenance of statewide GIS
data and framework data layers associated with a statewide base
map.
(14) Approve and maintain data exchange agreements to which
the state data center or a state agency is a party to increase the
amount and quality of GIS data and framework data available to
the state.
(15) Use personnel made available from state educational
institutions to provide technical support to the:
(A) state GIS officer in carrying out the officer's duties under
this chapter; and
(B) IGIC.
admissions tax collected by the licensed owner for each person:
(A) embarking on a gambling excursion during the quarter; or
(B) admitted to a riverboat during the quarter that has
implemented flexible scheduling under IC 4-33-6-21;
shall be paid to the county in which the riverboat is docked. In the
case of a county described in subdivision (1)(B), this one dollar
($1) is in addition to the one dollar ($1) received under
subdivision (1)(B).
(3) Except as provided in subsection (k), ten cents ($0.10) of the
admissions tax collected by the licensed owner for each person:
(A) embarking on a gambling excursion during the quarter; or
(B) admitted to a riverboat during the quarter that has
implemented flexible scheduling under IC 4-33-6-21;
shall be paid to the county convention and visitors bureau or
promotion fund for the county in which the riverboat is docked.
(4) Except as provided in subsection (k), fifteen cents ($0.15) of
the admissions tax collected by the licensed owner for each
person:
(A) embarking on a gambling excursion during the quarter; or
(B) admitted to a riverboat during a quarter that has
implemented flexible scheduling under IC 4-33-6-21;
shall be paid to the state fair commission, for use in any activity
that the commission is authorized to carry out under IC 15-1.5-3.
IC 15-13-3.
(5) Except as provided in subsection (k), ten cents ($0.10) of the
admissions tax collected by the licensed owner for each person:
(A) embarking on a gambling excursion during the quarter; or
(B) admitted to a riverboat during the quarter that has
implemented flexible scheduling under IC 4-33-6-21;
shall be paid to the division of mental health and addiction. The
division shall allocate at least twenty-five percent (25%) of the
funds derived from the admissions tax to the prevention and
treatment of compulsive gambling.
(6) Except as provided in subsection (k) and section 7 of this
chapter, sixty-five cents ($0.65) of the admissions tax collected
by the licensed owner for each person embarking on a gambling
excursion during the quarter or admitted to a riverboat during the
quarter that has implemented flexible scheduling under
IC 4-33-6-21 shall be paid to the Indiana horse racing commission
to be distributed as follows, in amounts determined by the Indiana
horse racing commission, for the promotion and operation of
horse racing in Indiana:
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) (2) Five percent (5%) of the admissions tax collected during
the quarter shall be paid to 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). At least twenty
percent (20%) of the taxes received by a town under this
subdivision must be transferred to the school corporation in
which the town is located.
(ii) (3) Five percent (5%) of the admissions tax collected during
the quarter shall be paid to 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). At least
twenty percent (20%) of the taxes received by a town under this
subdivision must be transferred to the school corporation in
which the town is located.
(2) Sixteen (4) Twenty percent (16%) (20%) of the admissions tax
collected during the quarter 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. At least twenty percent (20%) of the taxes
received by a town under this subdivision must be transferred to
the school corporation in which the town is located.
(3) Nine (5) Ten percent (9%) (10%) of the admissions tax
collected during the quarter shall be paid to the historic hotel
preservation Orange County development commission
established under IC 36-7-11.5. At least one-third (1/3) of the
taxes paid to the Orange County development commission under
this subdivision must be transferred to the Orange County
convention and visitors bureau.
(4) Twenty-five (6) Thirteen percent (25%) (13%) of the
admissions tax collected during the quarter shall be paid to the
West Baden Springs historic hotel preservation and maintenance
fund established by IC 36-7-11.5-11(b).
(5) (7) Twenty-five percent (25%) of the admissions tax collected
during the quarter shall be paid to the Indiana economic
development corporation to be used by the corporation for the
development and implementation of a regional economic
development strategy to assist the residents of the county in which
the riverboat is located and residents of contiguous counties in
improving their quality of life and to help promote successful and
sustainable communities. The regional economic development
strategy must include goals concerning the following issues:
(A) Job creation and retention.
(B) Infrastructure, including water, wastewater, and storm
water infrastructure needs.
(C) Housing.
(D) Workforce training.
(E) Health care.
(F) Local planning.
(G) Land use.
(H) Assistance to regional economic development groups.
(I) Other regional development issues as determined by the
Indiana economic development corporation.
(d) With respect to tax revenue collected from a riverboat that
operates from a county having a population of more than four hundred
thousand (400,000) but less than seven hundred thousand (700,000),
the treasurer of state shall quarterly pay the following amounts:
(1) Except as provided in subsection (k), one dollar ($1) of the
admissions tax collected by the licensed owner for each person:
(A) embarking on a gambling excursion during the quarter; or
(B) admitted to a riverboat during the quarter that has
implemented flexible scheduling under IC 4-33-6-21;
shall be paid to the city in which the riverboat is docked.
(2) Except as provided in subsection (k), one dollar ($1) of the
admissions tax collected by the licensed owner for each person:
(A) embarking on a gambling excursion during the quarter; or
(B) admitted to a riverboat during the quarter that has
implemented flexible scheduling under IC 4-33-6-21;
shall be paid to the county in which the riverboat is docked.
(3) Except as provided in subsection (k), nine cents ($0.09) of the
admissions tax collected by the licensed owner for each person:
(A) embarking on a gambling excursion during the quarter; or
(B) admitted to a riverboat during the quarter that has
implemented flexible scheduling under IC 4-33-6-21;
for long term capital investment or construction, and no grants
shall be made before the racetrack becomes operational and is
offering a racing schedule.
(e) Money paid to a unit of local government under subsection
(b)(1) through (b)(2), (c)(1) through (c)(2), (c)(4), or (d)(1) through
(d)(2):
(1) must be paid to the fiscal officer of the unit and may be
deposited in the unit's general fund or riverboat fund established
under IC 36-1-8-9, or both;
(2) may not be used to reduce the unit's maximum levy under
IC 6-1.1-18.5 but may be used at the discretion of the unit to
reduce the property tax levy of the unit for a particular year;
(3) may be used for any legal or corporate purpose of the unit,
including the pledge of money to bonds, leases, or other
obligations under IC 5-1-14-4; and
(4) is considered miscellaneous revenue.
(f) Money paid by the treasurer of state under subsection (b)(3) or
(d)(3) shall be:
(1) deposited in:
(A) the county convention and visitor promotion fund; or
(B) the county's general fund if the county does not have a
convention and visitor promotion fund; and
(2) used only for the tourism promotion, advertising, and
economic development activities of the county and community.
(g) Money received by the division of mental health and addiction
under subsections (b)(5) and (d)(6):
(1) is annually appropriated to the division of mental health and
addiction;
(2) shall be distributed to the division of mental health and
addiction at times during each state fiscal year determined by the
budget agency; and
(3) shall be used by the division of mental health and addiction
for programs and facilities for the prevention and treatment of
addictions to drugs, alcohol, and compulsive gambling, including
the creation and maintenance of a toll free telephone line to
provide the public with information about these addictions. The
division shall allocate at least twenty-five percent (25%) of the
money received to the prevention and treatment of compulsive
gambling.
(h) This subsection applies to the following:
(1) Each entity receiving money under subsection (b).
(2) Each entity receiving money under subsection (d)(1) through
(d)(2).
(3) Each entity receiving money under subsection (d)(5) through
(d)(7).
The treasurer of state shall determine the total amount of money paid
by the treasurer of state to an entity subject to this subsection during
the state fiscal year 2002. The amount determined under this subsection
is the base year revenue for each entity subject to this subsection. The
treasurer of state shall certify the base year revenue determined under
this subsection to each entity subject to this subsection.
(i) This subsection applies to an entity receiving money under
subsection (d)(3) or (d)(4). The treasurer of state shall determine the
total amount of money paid by the treasurer of state to the entity
described in subsection (d)(3) during state fiscal year 2002. The
amount determined under this subsection multiplied by nine-tenths
(0.9) is the base year revenue for the entity described in subsection
(d)(3). The amount determined under this subsection multiplied by
one-tenth (0.1) is the base year revenue for the entity described in
subsection (d)(4). The treasurer of state shall certify the base year
revenue determined under this subsection to each entity subject to this
subsection.
(j) This subsection does not apply to an entity receiving money
under subsection (c). For state fiscal years beginning after June 30,
2002, the total amount of money distributed to an entity under this
section during a state fiscal year may not exceed the entity's base year
revenue as determined under subsection (h) or (i). If the treasurer of
state determines that the total amount of money distributed to an entity
under this section during a state fiscal year is less than the entity's base
year revenue, the treasurer of state shall make a supplemental
distribution to the entity under IC 4-33-13-5(g).
(k) This subsection does not apply to an entity receiving money
under subsection (c). For state fiscal years beginning after June 30,
2002, the treasurer of state shall pay that part of the riverboat
admissions taxes that:
(1) exceed exceeds a particular entity's base year revenue; and
(2) would otherwise be due to the entity under this section;
to the property tax replacement fund instead of to the entity.
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, 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 remitted by the operating agent 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 Nineteen percent (37.5%) (19%)
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 Eight percent (5%) (8%) shall be paid to the historic
hotel preservation Orange County development commission
established under IC 36-7-11.5.
(4) Ten Sixteen percent (10%) (16%) 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. The following apply to taxes received by a town
under this subdivision:
(A) At least twenty-five percent (25%) of the taxes must be
transferred to the school corporation in which the town is
located.
(B) At least twelve and five-tenths percent (12.5%) of the taxes
must be transferred to the Orange County convention and
visitors bureau.
(5) Ten Nine percent (10%) (9%) 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 Twenty-two and twenty-five hundredths percent
(20%) (22.25%) 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 Twenty-two and twenty-five hundredths percent
(20%) (22.25%) 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 Fifty-five and five-tenths percent (60%) (55.5%) 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) (6) Five percent (5%) shall be paid to 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). At least
forty percent (40%) of the taxes received by a town under this
subdivision must be transferred to the school corporation in
which the town is located.
(ii) (7) Five percent (5%) shall be paid to 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). At least forty percent (40%) of the taxes received by a
town under this subdivision must be transferred to the school
corporation in which the town is located.
(8) Five-tenths percent (0.5%) shall be paid to the Orange County
convention and visitors bureau.
(c) For each city and county receiving money under subsection
(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, the treasurer of state shall pay that part of the
riverboat wagering taxes that:
(1) exceeds a particular city's or county's base year revenue; and
(2) would otherwise be due to the city or county under this
section;
IC 4-33-12-7(a).
IC 8-1-2.2, leasing body, separate body corporate and politic, or
any other political, municipal, public or quasi-public corporation;
(2) special assessment or taxing district; or
(3) board, commission, authority, or authorized body of any such
entity; and
any pledge, dedication or designation of revenues, conveyance, or
mortgage securing these bonds, notes, evidences of indebtedness,
leases, swap agreements, agreements, or other written obligations are
hereby legalized and declared valid if these bonds, notes, evidences of
indebtedness, leases, swap agreements, agreements, or other written
obligations have been executed before March 15, 2006. All
governance, organizational, or other proceedings had and actions taken
under which the bonds, notes, evidences of indebtedness, leases, swap
agreements, agreements, or other written obligations were issued or
executed or the pledge, dedication or designation of revenues,
conveyance, or mortgage was granted, are hereby fully legalized and
declared valid.
(c) All contracts for the purchase of electric power and energy or
utility capacity or service:
(1) entered into by a joint agency created under IC 8-1-2.2; and
(2) used by the members of the joint agency for the purpose of
securing payment of principal and interest on bonds, notes,
evidences of indebtedness, leases, or other written obligations
issued by or in the name of such joint agency;
are hereby legalized and declared valid if entered into before March 15,
2006. All proceedings held and actions taken under which contracts for
the purchase of electric power and energy or utility capacity or service
were executed or entered into are hereby fully legalized and declared
valid.
(d) All interlocal cooperation agreements entered into by political
subdivisions or governmental entities under IC 36-1-7 are hereby
legalized and declared valid if entered into before March 15, 2006. All
proceedings held and actions taken under which interlocal cooperation
agreements were executed or entered into are hereby fully legalized
and validated.
subsequent date of redemption, purchase, or maturity of the
bonds; and
(2) if determined advisable by the authority, for the additional
purpose of paying all or any part of the cost of constructing and
acquiring additions, improvements, extensions, or enlargements
of a project or any part of an addition, improvement, extension, or
enlargement or of a project.
However, no refunding bonds may be issued unless the authority
provides for the payment of rentals adequate to satisfy the requirements
of section 34 of this chapter.
retailers and the public about illicit methamphetamine production,
distribution, and use in Indiana.
(13) Establish, maintain, and operate, subject to specific
appropriation by the general assembly, a web site containing a
list of properties (as defined in IC 5-2-6-19(b)) that have been
used as the site of a methamphetamine laboratory.
(13) (14) Develop and manage the gang crime witness protection
program established by section 21 of this chapter.
(14) (15) Identify grants and other funds that can be used to fund
the gang crime witness protection program.
research under the direction of the trustees. A state or local
governmental entity may participate in the consortium. The consortium
shall act as an advisory body to the institute and perform other related
functions as requested by the trustees.
(d) The trustees shall meet quarterly and at such times as called by
the chairman. A majority of the trustees constitutes a quorum for doing
business. A majority vote of the trustees is required for passage of any
matter put to a vote. The trustees shall establish procedures and
requirements with respect to the place and conduct of their meetings.
(e) A trustee is not entitled to the minimum salary per diem as
provided in IC 4-10-11-2.1(b) while performing his the trustee's
duties. A trustee is entitled to reimbursement for traveling expenses
and other expenses actually incurred in connection with his the
trustee's duties, as provided in the state travel policies and procedures
established by the department of administration and approved by the
state budget agency.
contact information for the auditor of state, who serves as plan
administrator.
(d) Notwithstanding IC 22-2-6, except as provided by subsection
(c), the state shall deduct from an employee's compensation as a
contribution to the deferred compensation plan established by the state
under this chapter an amount equal to the maximum amount of any
match provided by the state on behalf of the employee to a defined
contribution plan established under section 1.5(a) of this chapter.
(e) An employee may contribute to the deferred compensation plan
established by the state under this chapter an amount other than the
amount described in subsection (d) by affirmatively choosing to
contribute:
(1) a higher amount;
(2) a lower amount; or
(3) zero (0).
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 public safety employee who is retired or has a disability and
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;
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.
by a board comprised of the investing officer of each of the
participating political subdivisions and is an instrumentality of the
participating political subdivisions.
(d) A joint investment fund must be invested and reinvested as a
separate and individual fund.
(e) A written master agreement under subsection (a) must provide
the following:
(1) A political subdivision may participate in a joint investment
fund only with the written authorization of its local board of
finance.
(2) A political subdivision may participate in a joint investment
fund only if its legislative body approves the written master
agreement.
(3) The board of a joint investment fund shall establish written
policies for the investment and reinvestment of joint investment
funds in the manner provided by IC 30-4-3-3.
(4) A fund shall be invested and reinvested as prescribed in
subdivision (3).
(5) A custodian bank or trust company located in Indiana must:
(A) be selected and contracted by the board of a joint
investment fund to hold the securities and other investments
of the joint investment fund;
(B) collect the income and other receipts from the securities
and other investments; and
(C) provide any other services appropriate and customary for
a custodian;
subject to the direction of the board of a joint investment fund.
(6) The board of a joint investment fund may select and contract
with a fund administrator to provide investment advice to the
board and any other services determined by the board to be
appropriate and necessary for the efficient administration and
accounting of the joint investment fund. The fund administrator
shall agree to recommend only securities and other investments
as prescribed in the written policies established by the board in
rendering investment advice to the board and shall agree to be
responsible, accountable, and liable for any breach of this
provision. The fund administrator must have experience in the
investment of public funds for governmental entities and must be
either of the following:
(A) A financial institution located in Indiana.
(B) Registered as an investment adviser with the United States
Securities and Exchange Commission under the Investment
Advisors Advisers Act of 1940, as amended (15 U.S.C. 80a-9
et seq.), with public funds under management in the amount of
at least one hundred million dollars ($100,000,000).
(7) A joint investment fund must be audited at least annually by
an independent auditing firm, with a copy of the audit provided to
each participating political subdivision.
(8) The administrative expenses of a joint investment fund,
including fees for the fund administrator, custodian, auditor, and
other professional services, must be paid from the fund's interest
earnings.
(9) The interest earnings that exceed the administrative expenses
of a joint investment fund must be credited to each political
subdivision participating in the joint investment fund in a manner
that equitably reflects the differing amounts and terms of the
political subdivision's investment in the joint investment fund.
(10) Each participating political subdivision shall receive reports,
including a daily transaction confirmation reflecting any activity
in the political subdivision's account and monthly reports
reflecting its investment activity in the joint investment fund and
the performance and composition of the joint investment fund
itself.
(11) The board of a joint investment fund shall meet at least
annually to review the operation and performance of the joint
investment fund, the custodian, the fund administrator, the
auditor, and any other professional retained by the board.
(12) The board of a joint investment fund shall provide for any
other policies that are necessary for the efficient administration
and accounting of the joint investment fund and are consistent
with the law governing the investment, management, deposit, and
safekeeping of public funds of political subdivisions.
subsection when the investment is made remains legal even if a
subsequent decrease in the total portfolio invested by the treasurer of
state causes the percentage of investments outstanding under this
subsection to exceed twenty-five percent (25%). The treasurer of state
may contract with federally regulated investment advisers and other
institutional money managers to make investments under this section.
This subsection expires July 1, 2007.
(c) Unless prohibited under federal law, the treasurer of state shall
invest under subsection (b) the funds of the transportation corridor fund
established by IC 8-4.5-3-7. The treasurer of state may invest other
funds held by the state in compliance with subsection (b). This
subsection expires July 1, 2007.
IC 5-28-16.
(11) A photograph, a video recording, or an audio recording of an
autopsy, except as provided in IC 36-2-14-10.
(12) A Social Security number contained in the records of a
public agency.
(b) Except as otherwise provided by subsection (a), the following
public records shall be excepted from section 3 of this chapter at the
discretion of a public agency:
(1) Investigatory records of law enforcement agencies. However,
certain law enforcement records must be made available for
inspection and copying as provided in section 5 of this chapter.
(2) The work product of an attorney representing, pursuant to
state employment or an appointment by a public agency:
(A) a public agency;
(B) the state; or
(C) an individual.
(3) Test questions, scoring keys, and other examination data used
in administering a licensing examination, examination for
employment, or academic examination before the examination is
given or if it is to be given again.
(4) Scores of tests if the person is identified by name and has not
consented to the release of the person's scores.
(5) The following:
(A) Records relating to negotiations between the Indiana
economic development corporation, the Indiana finance
authority, or an economic development commissions,
commission, a local economic development organization (as
defined in IC 5-28-11-2(3)), or a governing body of a political
subdivision with industrial, research, or commercial prospects,
if the records are created while negotiations are in progress.
(B) Notwithstanding clause (A), the terms of the final offer of
public financial resources communicated by the Indiana
economic development corporation, the Indiana finance
authority, or an economic development commissions
commission, or a governing body of a political subdivision to
an industrial, a research, or a commercial prospect shall be
available for inspection and copying under section 3 of this
chapter after negotiations with that prospect have terminated.
(C) When disclosing a final offer under clause (B), the Indiana
economic development corporation shall certify that the
information being disclosed accurately and completely
represents the terms of the final offer.
a condition of making the gift; or
(B) after the gift is made, the donor or a member of the donor's
family requests nondisclosure.
(16) Library or archival records:
(A) which can be used to identify any library patron; or
(B) deposited with or acquired by a library upon a condition
that the records be disclosed only:
(i) to qualified researchers;
(ii) after the passing of a period of years that is specified in
the documents under which the deposit or acquisition is
made; or
(iii) after the death of persons specified at the time of the
acquisition or deposit.
However, nothing in this subdivision shall limit or affect contracts
entered into by the Indiana state library pursuant to IC 4-1-6-8.
(17) The identity of any person who contacts the bureau of motor
vehicles concerning the ability of a driver to operate a motor
vehicle safely and the medical records and evaluations made by
the bureau of motor vehicles staff or members of the driver
licensing medical advisory board regarding the ability of a driver
to operate a motor vehicle safely. However, upon written request
to the commissioner of the bureau of motor vehicles, the driver
must be given copies of the driver's medical records and
evaluations.
(18) School safety and security measures, plans, and systems,
including emergency preparedness plans developed under 511
IAC 6.1-2-2.5.
(19) A record or a part of a record, the public disclosure of which
would have a reasonable likelihood of threatening public safety
by exposing a vulnerability to terrorist attack. A record described
under this subdivision includes:
(A) a record assembled, prepared, or maintained to prevent,
mitigate, or respond to an act of terrorism under IC 35-47-12-1
or an act of agricultural terrorism under IC 35-47-12-2;
(B) vulnerability assessments;
(C) risk planning documents;
(D) needs assessments;
(E) threat assessments;
(F) intelligence assessments;
(G) domestic preparedness strategies;
(H) the location of community drinking water wells and
surface water intakes;
available for public inspection and copying.
(22) Notwithstanding subdivision (8)(A), the name, compensation,
job title, business address, business telephone number, job
description, education and training background, previous work
experience, or dates of first employment of a law enforcement
officer who is operating in an undercover capacity.
(c) Nothing contained in subsection (b) shall limit or affect the right
of a person to inspect and copy a public record required or directed to
be made by any statute or by any rule of a public agency.
(d) Notwithstanding any other law, a public record that is classified
as confidential, other than a record concerning an adoption, shall be
made available for inspection and copying seventy-five (75) years after
the creation of that record.
(e) Notwithstanding subsection (d) and section 7 of this chapter:
(1) public records subject to IC 5-15 may be destroyed only in
accordance with record retention schedules under IC 5-15; or
(2) public records not subject to IC 5-15 may be destroyed in the
ordinary course of business.
includes all territory, continental or insular, subject to the jurisdiction
of the United States.
the designating body shall adopt a resolution either:
(1) terminating the high impact business owner's property tax
credit under section 10 of this chapter; or
(2) imposing a penalty under section 13 of this chapter if the
failure to comply with the statement of benefits occurs more than
ten (10) years after the first year in which the high impact
business claimed a property tax credit under section 11 of this
chapter.
(c) If the designating body adopts a resolution terminating the high
impact business owner's property tax credit under this chapter:
(1) the credit does not apply to the next installment of property
taxes owed by the high impact business owner or to any
subsequent installment of property taxes;
(2) the high impact business owner shall pay the amount
determined under section 14(e) of this chapter to the county
treasurer; and
(3) the county treasurer shall distribute the money paid under this
section in accordance with section 14(f) of this chapter.
(d) If the designating body adopts a resolution terminating a
property tax credit under subsection (b), the designating body shall
immediately mail a certified copy of the resolution to:
(1) the high impact business owner; and
(2) the county auditor.
The county auditor shall remove the property tax credit from the tax
duplicate and shall notify the county treasurer of the termination of the
credit. If the designating body's resolution is adopted after the county
treasurer has mailed the statement required by IC 6-1.1-22-8,
IC 6-1.1-22-8.1, the county treasurer shall immediately mail the high
impact business owner a revised statement that reflects the termination
of the property tax credit.
(e) A high impact business owner whose property tax credit under
section 10 of this chapter is terminated by the designating body under
this section may appeal the designating body's decision by filing a
complaint in the office of the clerk of the circuit or superior court,
together with a bond conditioned to pay the costs of the appeal if the
appeal is determined against the high impact business owner. An
appeal under this subsection shall be promptly heard by the court
without a jury and determined within thirty (30) days after the time of
the filing of the appeal. The court shall hear evidence on the appeal and
may confirm the action of the designating body or sustain the appeal.
The judgment of the court is final unless an appeal is taken as in other
civil actions.
assessed as real property, or a manufactured home not assessed as real
property to another person under a contract that provides that the
contract buyer is to pay the property taxes on the real property, mobile
home, or manufactured home may not claim the deduction provided
under this section against that real property, mobile home, or
manufactured home.
equipment.
(4) With respect to new manufacturing equipment used to dispose
of solid waste or hazardous waste by converting the solid waste
or hazardous waste into energy or other useful products, an
estimate of the amount of solid waste or hazardous waste that will
be converted into energy or other useful products by the new
manufacturing equipment.
The statement of benefits may be incorporated in a designation
application. Notwithstanding any other law, a statement of benefits is
a public record that may be inspected and copied under IC 5-14-3-3.
(c) The designating body must review the statement of benefits
required under subsection (b). The designating body shall determine
whether an area should be designated an economic revitalization area
or whether the deduction shall be allowed, based on (and after it has
made) the following findings:
(1) Whether the estimate of the cost of the new manufacturing
equipment, new research and development equipment, new
logistical distribution equipment, or new information technology
equipment is reasonable for equipment of that type.
(2) With respect to:
(A) new manufacturing equipment not used to dispose of solid
waste or hazardous waste by converting the solid waste or
hazardous waste into energy or other useful products; and
(B) new research and development equipment, new logistical
distribution equipment, or new information technology
equipment;
whether the estimate of the number of individuals who will be
employed or whose employment will be retained can be
reasonably expected to result from the installation of the new
manufacturing equipment, new research and development
equipment, new logistical distribution equipment, or new
information technology equipment.
(3) Whether the estimate of the annual salaries of those
individuals who will be employed or whose employment will be
retained can be reasonably expected to result from the proposed
installation of new manufacturing equipment, new research and
development equipment, new logistical distribution equipment, or
new information technology equipment.
(4) With respect to new manufacturing equipment used to dispose
of solid waste or hazardous waste by converting the solid waste
or hazardous waste into energy or other useful products, whether
the estimate of the amount of solid waste or hazardous waste that
will be converted into energy or other useful products can be
reasonably expected to result from the installation of the new
manufacturing equipment.
(5) Whether any other benefits about which information was
requested are benefits that can be reasonably expected to result
from the proposed installation of new manufacturing equipment,
new research and development equipment, new logistical
distribution equipment, or new information technology
equipment.
(6) Whether the totality of benefits is sufficient to justify the
deduction.
The designating body may not designate an area an economic
revitalization area or approve the deduction unless it makes the
findings required by this subsection in the affirmative.
(d) Except as provided in subsection (h), and subject to subsection
(i) and section 15 of this chapter, an owner of new manufacturing
equipment, new research and development equipment, new logistical
distribution equipment, or new information technology equipment
whose statement of benefits is approved after June 30, 2000, is entitled
to a deduction from the assessed value of that equipment for the
number of years determined by the designating body under subsection
(g). Except as provided in subsection (f) and in section 2(i)(3) of this
chapter, and subject to subsection (i) and section 15 of this chapter, the
amount of the deduction that an owner is entitled to for a particular
year equals the product of:
(1) the assessed value of the new manufacturing equipment, new
research and development equipment, new logistical distribution
equipment, or new information technology equipment in the year
of deduction under the appropriate table set forth in subsection
(e); multiplied by
(2) the percentage prescribed in the appropriate table set forth in
subsection (e).
(e) The percentage to be used in calculating the deduction under
subsection (d) is as follows:
(1) For deductions allowed over a one (1) year period:
YEAR OF DEDUCTION
PERCENTAGE
1st 100%
2nd and thereafter 0%
(2) For deductions allowed over a two (2) year period:
YEAR OF DEDUCTION
PERCENTAGE
1st 100%
2nd 50%
and
(2) the assessed value of the property under 50 IAC 4.2, as in
effect on March 1, 2001, or, in the case of property subject to
IC 6-1.1-8, 50 IAC 5.1, as in effect on March 1, 2001.
(g) For an economic revitalization area designated before July 1,
2000, the designating body shall determine whether a property owner
whose statement of benefits is approved after April 30, 1991, is entitled
to a deduction for five (5) or ten (10) years. For an economic
revitalization area designated after June 30, 2000, the designating body
shall determine the number of years the deduction is allowed. However,
the deduction may not be allowed for more than ten (10) years. This
determination shall be made:
(1) as part of the resolution adopted under section 2.5 of this
chapter; or
(2) by resolution adopted within sixty (60) days after receiving a
copy of a property owner's certified deduction application from
the county auditor. A certified copy of the resolution shall be sent
to the county auditor.
A determination about the number of years the deduction is allowed
that is made under subdivision (1) is final and may not be changed by
following the procedure under subdivision (2).
(h) The owner of new manufacturing equipment that is directly used
to dispose of hazardous waste is not entitled to the deduction provided
by this section for a particular assessment year if during that
assessment year the owner:
(1) is convicted of a criminal violation under IC 13, including
IC 13-7-13-3 (repealed) or IC 13-7-13-4 (repealed); or
IC 13-30-6; or
(2) is subject to an order or a consent decree with respect to
property located in Indiana based on a violation of a federal or
state rule, regulation, or statute governing the treatment, storage,
or disposal of hazardous wastes that had a major or moderate
potential for harm.
(i) For purposes of subsection (d), the assessed value of new
manufacturing equipment, new research and development equipment,
new logistical distribution equipment, or new information technology
equipment that is part of an owner's assessable depreciable personal
property in a single taxing district subject to the valuation limitation in
50 IAC 4.2-4-9 or 50 IAC 5.1-6-9 is the product of:
(1) the assessed value of the equipment determined without
regard to the valuation limitation in 50 IAC 4.2-4-9 or 50
IAC 5.1-6-9; multiplied by
property owner and other interested parties, the designating body shall
again determine whether the property owner has made reasonable
efforts to substantially comply with the statement of benefits and
whether any failure to substantially comply was caused by factors
beyond the control of the property owner. If the designating body
determines that the property owner has not made reasonable efforts to
comply with the statement of benefits, the designating body shall adopt
a resolution terminating the property owner's deduction under section
3, 4.5, or 4.8 of this chapter. If the designating body adopts such a
resolution, the deduction does not apply to the next installment of
property taxes owed by the property owner or to any subsequent
installment of property taxes.
(d) If the designating body adopts a resolution terminating a
deduction under subsection (c), the designating body shall immediately
mail a certified copy of the resolution to:
(1) the property owner;
(2) the county auditor; and
(3) if the deduction applied under section 4.5 of this chapter, the
township assessor.
The county auditor shall remove the deduction from the tax duplicate
and shall notify the county treasurer of the termination of the
deduction. If the designating body's resolution is adopted after the
county treasurer has mailed the statement required by IC 6-1.1-22-8,
IC 6-1.1-22-8.1, the county treasurer shall immediately mail the
property owner a revised statement that reflects the termination of the
deduction.
(e) A property owner whose deduction is terminated by the
designating body under this section may appeal the designating body's
decision by filing a complaint in the office of the clerk of the circuit or
superior court together with a bond conditioned to pay the costs of the
appeal if the appeal is determined against the property owner. An
appeal under this subsection shall be promptly heard by the court
without a jury and determined within thirty (30) days after the time of
the filing of the appeal. The court shall hear evidence on the appeal and
may confirm the action of the designating body or sustain the appeal.
The judgment of the court is final and conclusive unless an appeal is
taken as in other civil actions.
(f) If an appeal under subsection (e) is pending, the taxes resulting
from the termination of the deduction are not due until after the appeal
is finally adjudicated and the termination of the deduction is finally
determined.
SECTION 34, AND AS AMENDED BY P.L.234-2007, SECTION 38,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 2. (a) For purposes of this
section, an increase in the assessed value of real property is determined
in the same manner that an increase in the assessed value of real
property is determined for purposes of IC 6-1.1-12.1.
(b) This subsection applies only to a development, redevelopment,
or rehabilitation that is first assessed after March 1, 2005, and before
March 2, 2009. 2007. Except as provided in subsection (h) and sections
4, 5, and 8 of this chapter, an owner of real property that:
(1) develops, redevelops, or rehabilitates the real property; and
(2) creates or retains employment from the development,
redevelopment, or rehabilitation;
is entitled to a deduction from the assessed value of the real property.
(c) Subject to section 14 of this chapter, the deduction under this
section is first available in the year in which the increase in assessed
value resulting from the development, redevelopment, or rehabilitation
occurs and continues for the following two (2) years. The amount of the
deduction that a property owner may receive with respect to real
property located in a county for a particular year equals the lesser of:
(1) two million dollars ($2,000,000); or
(2) the product of:
(A) the increase in assessed value resulting from the
development, rehabilitation, or redevelopment; multiplied by
(B) the percentage from the following table:
YEAR OF DEDUCTION
PERCENTAGE
1st 75%
2nd 50%
3rd 25%
(d) A property owner that qualifies for the deduction under this
section must file a notice to claim the deduction in the manner
prescribed by the department of local government finance under rules
adopted by the department of local government finance under
IC 4-22-2 to implement this chapter. The township assessor shall:
(1) inform the county auditor of the real property eligible for the
deduction as contained in the notice filed by the taxpayer under
this subsection; and
(2) inform the county auditor of the deduction amount.
(e) The county auditor shall:
(1) make the deductions; and
(2) notify the county property tax assessment board of appeals of
all deductions approved;
political subdivision shall formulate its estimated budget and its
proposed tax rate and tax levy on the form prescribed by the
department of local government finance and approved by the state
board of accounts. The political subdivision shall give notice by
publication to taxpayers of:
(1) the estimated budget;
(2) the estimated maximum permissible levy;
(3) the current and proposed tax levies of each fund; and
(4) the amounts of excessive levy appeals to be requested.
In the notice, the political subdivision shall also state the time and
place at which a public hearing will be held on these items. The notice
shall be published twice in accordance with IC 5-3-1 with the first
publication at least ten (10) days before the date fixed for the public
hearing. Beginning in 2009, the duties required by this subsection must
be completed before August 10 of the calendar year. A political
subdivision shall provide the estimated budget and levy information
required for the notice under subsection (b) to the county auditor on the
schedule determined by the department of local government finance.
(b) Beginning in 2009, before August 10 of a calendar year, the
county auditor shall mail to the last known address of each person
liable for any property taxes, as shown on the tax duplicate, or to the
last known address of the most recent owner shown in the transfer
book, a statement that includes:
(1) the assessed valuation as of the assessment date in the current
calendar year of tangible property on which the person will be
liable for property taxes first due and payable in the immediately
succeeding calendar year and notice to the person of the
opportunity to appeal the assessed valuation under
IC 6-1.1-15-1(b); IC 6-1.1-15-1(c);
(2) the amount of property taxes for which the person will be
liable to each political subdivision on the tangible property for
taxes first due and payable in the immediately succeeding
calendar year, taking into account all factors that affect that
liability, including:
(A) the estimated budget and proposed tax rate and tax levy
formulated by the political subdivision under subsection (a);
(B) any deductions or exemptions that apply to the assessed
valuation of the tangible property;
(C) any credits that apply in the determination of the tax
liability; and
(D) the county auditor's best estimate of the effects on the tax
liability that might result from actions of:
an objection petition with the proper officers of the political
subdivision not more than seven (7) days after the hearing. The
objection petition must specifically identify the provisions of the
budget, tax rate, and tax levy to which the taxpayers object.
(c) If a petition is filed under subsection (b), the fiscal body of the
political subdivision shall adopt with its budget a finding concerning
the objections in the petition and any testimony presented at the
adoption hearing.
(d) This subsection does not apply to a school corporation. Each
year at least two (2) days before the first meeting after September 20
of the county board of tax adjustment (before January 1, 2009) or the
county board of tax and capital projects review (after December 31,
2008) held under IC 6-1.1-29-4, a political subdivision shall file with
the county auditor:
(1) a statement of the tax rate and levy fixed by the political
subdivision for the ensuing budget year;
(2) two (2) copies of the budget adopted by the political
subdivision for the ensuing budget year; and
(3) two (2) copies of any findings adopted under subsection (c).
Each year the county auditor shall present these items to the county
board of tax adjustment (before January 1, 2009) or the county board
of tax and capital projects review (after December 31, 2008) at the
board's first meeting under IC 6-1.1-29-4 after September 20 of that
year.
(e) In a consolidated city and county and in a second class city, the
clerk of the fiscal body shall, notwithstanding subsection (d), file the
adopted budget and tax ordinances with the county board of tax
adjustment (before January 1, 2009) or the county board of tax and
capital projects review (after December 31, 2008) within two (2) days
after the ordinances are signed by the executive, or within two (2) days
after action is taken by the fiscal body to override a veto of the
ordinances, whichever is later.
(f) If a fiscal body does not fix the budget, tax rate, and tax levy of
the political subdivisions for the ensuing budget year as required under
this section, the most recent annual appropriations and annual tax levy
are continued for the ensuing budget year.
hundred twenty thousand (120,000).
(b) Before February 1 of each year, the officers of the school
corporation shall meet to fix the budget for the school corporation for
the ensuing budget year, with notice given by the same officers.
However, if a resolution adopted under subsection (d) is in effect, the
officers shall meet to fix the budget for the ensuing budget year before
September 20. 30.
(c) Each year, at least two (2) days before the first meeting after
September 20 of the county board of tax adjustment (before January 1,
2009) or the county board of tax and capital projects review (after
December 31, 2008) held under IC 6-1.1-29-4, the school corporation
shall file with the county auditor:
(1) a statement of the tax rate and tax levy fixed by the school
corporation for the ensuing budget year;
(2) two (2) copies of the budget adopted by the school corporation
for the ensuing budget year; and
(3) any written notification from the department of local
government finance under section 16(i) of this chapter that
specifies a proposed revision, reduction, or increase in the budget
adopted by the school corporation for the ensuing budget year.
Each year the county auditor shall present these items to the county
board of tax adjustment (before January 1, 2009) or the county board
of tax and capital projects review (after December 31, 2008) at the
board's first meeting after September 20 of that year.
(d) The governing body of the school corporation may adopt a
resolution to cease using a school year budget year and return to using
a calendar year budget year. A resolution adopted under this subsection
must be adopted after January 1 and before July 1. The school
corporation's initial calendar year budget year following the adoption
of a resolution under this subsection begins on January 1 of the year
following the year the resolution is adopted. The first six (6) months of
the initial calendar year budget for the school corporation must be
consistent with the last six (6) months of the final school year budget
fixed by the department of local government finance before the
adoption of a resolution under this subsection.
(e) A resolution adopted under subsection (d) may be rescinded by
a subsequent resolution adopted by the governing body. If the
governing body of the school corporation rescinds a resolution adopted
under subsection (d) and returns to a school year budget year, the
school corporation's initial school year budget year begins on July 1
following the adoption of the rescinding resolution and ends on June
30 of the following year. The first six (6) months of the initial school
year budget for the school corporation must be consistent with the last
six (6) months of the last calendar year budget fixed by the department
of local government finance before the adoption of a rescinding
resolution under this subsection.
court equals the civil taxing unit's estimate of the unit's share of
the costs of operating a court for the first full calendar year in
which it is in existence. For purposes of this subdivision, costs of
operating a court include:
(A) the cost of personal services (including fringe benefits);
(B) the cost of supplies; and
(C) any other cost directly related to the operation of the court.
(3) Permission to the civil taxing unit to increase its levy in excess
of the limitations established under section 3 of this chapter, if the
local government tax control board finds that the quotient
determined under STEP SIX of the following formula is equal to
or greater than one and two-hundredths (1.02):
STEP ONE: Determine the three (3) calendar years that most
immediately precede the ensuing calendar year and in which
a statewide general reassessment of real property or the initial
annual adjustment of the assessed value of real property
under IC 6-1.1-4-4.5 does not first become effective.
STEP TWO: Compute separately, for each of the calendar
years determined in STEP ONE, the quotient (rounded to the
nearest ten-thousandth (0.0001)) of the sum of the civil taxing
unit's total assessed value of all taxable property and the total
assessed value of property tax deductions in the unit under
IC 6-1.1-12-41 or IC 6-1.1-12-42 in the particular calendar
year, divided by the sum of the civil taxing unit's total assessed
value of all taxable property and the total assessed value of
property tax deductions in the unit under IC 6-1.1-12-41 or
IC 6-1.1-12-42 in the calendar year immediately preceding the
particular calendar year.
STEP THREE: Divide the sum of the three (3) quotients
computed in STEP TWO by three (3).
STEP FOUR: Compute separately, for each of the calendar
years determined in STEP ONE, the quotient (rounded to the
nearest ten-thousandth (0.0001)) of the sum of the total
assessed value of all taxable property in all counties and the
total assessed value of property tax deductions in all counties
under IC 6-1.1-12-41 or IC 6-1.1-12-42 in the particular
calendar year, divided by the sum of the total assessed value
of all taxable property in all counties and the total assessed
value of property tax deductions in all counties under
IC 6-1.1-12-41 or IC 6-1.1-12-42 in the calendar year
immediately preceding the particular calendar year.
STEP FIVE: Divide the sum of the three (3) quotients
computed in STEP FOUR by three (3).
STEP SIX: Divide the STEP THREE amount by the STEP
FIVE amount.
The civil taxing unit may increase its levy by a percentage not
greater than the percentage by which the STEP THREE amount
exceeds the percentage by which the civil taxing unit may
increase its levy under section 3 of this chapter based on the
assessed value growth quotient determined under section 2 of this
chapter.
(4) A levy increase may not be granted under this subdivision for
property taxes first due and payable after December 31, 2009.
Permission to the civil taxing unit to increase its levy in excess of
the limitations established under section 3 of this chapter, if the
local government tax control board finds that the civil taxing unit
needs the increase to pay the costs of furnishing fire protection for
the civil taxing unit through a volunteer fire department. For
purposes of determining a township's need for an increased levy,
the local government tax control board shall not consider the
amount of money borrowed under IC 36-6-6-14 during the
immediately preceding calendar year. However, any increase in
the amount of the civil taxing unit's levy recommended by the
local government tax control board under this subdivision for the
ensuing calendar year may not exceed the lesser of:
(A) ten thousand dollars ($10,000); or
(B) twenty percent (20%) of:
(i) the amount authorized for operating expenses of a
volunteer fire department in the budget of the civil taxing
unit for the immediately preceding calendar year; plus
(ii) the amount of any additional appropriations authorized
during that calendar year for the civil taxing unit's use in
paying operating expenses of a volunteer fire department
under this chapter; minus
(iii) the amount of money borrowed under IC 36-6-6-14
during that calendar year for the civil taxing unit's use in
paying operating expenses of a volunteer fire department.
(5) A levy increase may not be granted under this subdivision for
property taxes first due and payable after December 31, 2009.
Permission to a civil taxing unit to increase its levy in excess of
the limitations established under section 3 of this chapter in order
to raise revenues for pension payments and contributions the civil
taxing unit is required to make under IC 36-8. The maximum
increase in a civil taxing unit's levy that may be recommended
under this subdivision for an ensuing calendar year equals the
amount, if any, by which the pension payments and contributions
the civil taxing unit is required to make under IC 36-8 during the
ensuing calendar year exceeds the product of one and one-tenth
(1.1) multiplied by the pension payments and contributions made
by the civil taxing unit under IC 36-8 during the calendar year that
immediately precedes the ensuing calendar year. For purposes of
this subdivision, "pension payments and contributions made by a
civil taxing unit" does not include that part of the payments or
contributions that are funded by distributions made to a civil
taxing unit by the state.
(6) A levy increase may not be granted under this subdivision for
property taxes first due and payable after December 31, 2009.
Permission to increase its levy in excess of the limitations
established under section 3 of this chapter if the local government
tax control board finds that:
(A) the township's township assistance ad valorem property
tax rate is less than one and sixty-seven hundredths cents
($0.0167) per one hundred dollars ($100) of assessed
valuation; and
(B) the township needs the increase to meet the costs of
providing township assistance under IC 12-20 and IC 12-30-4.
The maximum increase that the board may recommend for a
township is the levy that would result from an increase in the
township's township assistance ad valorem property tax rate of
one and sixty-seven hundredths cents ($0.0167) per one hundred
dollars ($100) of assessed valuation minus the township's ad
valorem property tax rate per one hundred dollars ($100) of
assessed valuation before the increase.
(7) A levy increase may not be granted under this subdivision for
property taxes first due and payable after December 31, 2009.
Permission to a civil taxing unit to increase its levy in excess of
the limitations established under section 3 of this chapter if:
(A) the increase has been approved by the legislative body of
the municipality with the largest population where the civil
taxing unit provides public transportation services; and
(B) the local government tax control board finds that the civil
taxing unit needs the increase to provide adequate public
transportation services.
The local government tax control board shall consider tax rates
and levies in civil taxing units of comparable population, and the
effect (if any) of a loss of federal or other funds to the civil taxing
unit that might have been used for public transportation purposes.
However, the increase that the board may recommend under this
subdivision for a civil taxing unit may not exceed the revenue that
would be raised by the civil taxing unit based on a property tax
rate of one cent ($0.01) per one hundred dollars ($100) of
assessed valuation.
(8) A levy increase may not be granted under this subdivision for
property taxes first due and payable after December 31, 2009.
Permission to a civil taxing unit to increase the unit's levy in
excess of the limitations established under section 3 of this
chapter if the local government tax control board finds that:
(A) the civil taxing unit is:
(i) a county having a population of more than one hundred
forty-eight thousand (148,000) but less than one hundred
seventy thousand (170,000);
(ii) a city having a population of more than fifty-five
thousand (55,000) but less than fifty-nine thousand (59,000);
(iii) a city having a population of more than twenty-eight
thousand seven hundred (28,700) but less than twenty-nine
thousand (29,000);
(iv) a city having a population of more than fifteen thousand
four hundred (15,400) but less than sixteen thousand six
hundred (16,600); or
(v) a city having a population of more than seven thousand
(7,000) but less than seven thousand three hundred (7,300);
and
(B) the increase is necessary to provide funding to undertake
removal (as defined in IC 13-11-2-187) and remedial action
(as defined in IC 13-11-2-185) relating to hazardous
substances (as defined in IC 13-11-2-98) in solid waste
disposal facilities or industrial sites in the civil taxing unit that
have become a menace to the public health and welfare.
The maximum increase that the local government tax control
board may recommend for such a civil taxing unit is the levy that
would result from a property tax rate of six and sixty-seven
hundredths cents ($0.0667) for each one hundred dollars ($100)
of assessed valuation. For purposes of computing the ad valorem
property tax levy limit imposed on a civil taxing unit under
section 3 of this chapter, the civil taxing unit's ad valorem
property tax levy for a particular year does not include that part of
the levy imposed under this subdivision. In addition, a property
tax increase permitted under this subdivision may be imposed for
only two (2) calendar years.
(9) A levy increase may not be granted under this subdivision for
property taxes first due and payable after December 31, 2009.
Permission for a county:
(A) having a population of more than eighty thousand (80,000)
but less than ninety thousand (90,000) to increase the county's
levy in excess of the limitations established under section 3 of
this chapter, if the local government tax control board finds
that the county needs the increase to meet the county's share of
the costs of operating a jail or juvenile detention center,
including expansion of the facility, if the jail or juvenile
detention center is opened after December 31, 1991;
(B) that operates a county jail or juvenile detention center that
is subject to an order that:
(i) was issued by a federal district court; and
(ii) has not been terminated;
(C) that operates a county jail that fails to meet:
(i) American Correctional Association Jail Construction
Standards; and
(ii) Indiana jail operation standards adopted by the
department of correction; or
(D) that operates a juvenile detention center that fails to meet
standards equivalent to the standards described in clause (C)
for the operation of juvenile detention centers.
Before recommending an increase, the local government tax
control board shall consider all other revenues available to the
county that could be applied for that purpose. An appeal for
operating funds for a jail or a juvenile detention center shall be
considered individually, if a jail and juvenile detention center are
both opened in one (1) county. The maximum aggregate levy
increases that the local government tax control board may
recommend for a county equals the county's share of the costs of
operating the jail or a juvenile detention center for the first full
calendar year in which the jail or juvenile detention center is in
operation.
(10) A levy increase may not be granted under this subdivision
for property taxes first due and payable after December 31, 2009.
Permission for a township to increase its levy in excess of the
limitations established under section 3 of this chapter, if the local
government tax control board finds that the township needs the
increase so that the property tax rate to pay the costs of furnishing
fire protection for a township, or a portion of a township, enables
the township to pay a fair and reasonable amount under a contract
with the municipality that is furnishing the fire protection.
However, for the first time an appeal is granted the resulting rate
increase may not exceed fifty percent (50%) of the difference
between the rate imposed for fire protection within the
municipality that is providing the fire protection to the township
and the township's rate. A township is required to appeal a second
time for an increase under this subdivision if the township wants
to further increase its rate. However, a township's rate may be
increased to equal but may not exceed the rate that is used by the
municipality. More than one (1) township served by the same
municipality may use this appeal.
(11) A levy increase may not be granted under this subdivision
for property taxes first due and payable after December 31, 2009.
Permission for a township to increase its levy in excess of the
limitations established under section 3 of this chapter, if the local
government tax control board finds that the township has been
required, for the three (3) consecutive years preceding the year for
which the appeal under this subdivision is to become effective, to
borrow funds under IC 36-6-6-14 to furnish fire protection for the
township or a part of the township. However, the maximum
increase in a township's levy that may be allowed under this
subdivision is the least of the amounts borrowed under
IC 36-6-6-14 during the preceding three (3) calendar years. A
township may elect to phase in an approved increase in its levy
under this subdivision over a period not to exceed three (3) years.
A particular township may appeal to increase its levy under this
section not more frequently than every fourth calendar year.
(12) A levy increase may not be granted under this subdivision
for property taxes first due and payable after December 31, 2009.
Permission to a city having a population of more than twenty-nine
thousand (29,000) but less than thirty-one thousand (31,000) to
increase its levy in excess of the limitations established under
section 3 of this chapter if:
(A) an appeal was granted to the city under this section to
reallocate property tax replacement credits under IC 6-3.5-1.1
in 1998, 1999, and 2000; and
(B) the increase has been approved by the legislative body of
the city, and the legislative body of the city has by resolution
determined that the increase is necessary to pay normal
operating expenses.
The maximum amount of the increase is equal to the amount of
property tax replacement credits under IC 6-3.5-1.1 that the city
petitioned under this section to have reallocated in 2001 for a
purpose other than property tax relief.
(13) A levy increase may be granted under this subdivision only
for property taxes first due and payable after December 31, 2009.
Permission to a civil taxing unit to increase its levy in excess of
the limitations established under section 3 of this chapter if the
civil taxing unit cannot carry out its governmental functions for
an ensuing calendar year under the levy limitations imposed by
section 3 of this chapter.
petition and remonstrance forms may be issued under subdivision
(3). A petition described in clause (A) or a remonstrance
described in clause (B) must be verified in compliance with
subdivision (4) before the petition or remonstrance is filed with
the county auditor voter registration office under subdivision (4).
(3) The state board of accounts shall design and, upon request by
the county auditor, voter registration office, deliver to the county
auditor voter registration office or the county auditor's voter
registration office's designated printer the petition and
remonstrance forms to be used solely in the petition and
remonstrance process described in this section. The county
auditor voter registration office shall issue to an owner or owners
of real property within the political subdivision or a registered
voter residing within the political subdivision the number of
petition or remonstrance forms requested by the owner or owners
or the registered voter. Each form must be accompanied by
instructions detailing the requirements that:
(A) the carrier and signers must be owners of real property or
registered voters;
(B) the carrier must be a signatory on at least one (1) petition;
(C) after the signatures have been collected, the carrier must
swear or affirm before a notary public that the carrier
witnessed each signature;
(D) govern the closing date for the petition and remonstrance
period; and
(E) apply to the carrier under section 10 of this chapter.
Persons requesting forms may not be required to identify
themselves as owners of real property or registered voters and
may be allowed to pick up additional copies to distribute to other
property owners or registered voters. Each person signing a
petition or remonstrance must indicate whether the person is
signing the petition or remonstrance as a registered voter within
the political subdivision or is signing the petition or
remonstrance as the owner of real property within the political
subdivision. A person who signs a petition or remonstrance as a
registered voter must indicate the address at which the person is
registered to vote. A person who signs a petition or remonstrance
as a real property owner must indicate the address of the real
property owned by the person in the political subdivision. The
county auditor voter registration office may not issue a petition
or remonstrance form earlier than twenty-nine (29) days after the
notice is given under subdivision (1). The county auditor voter
registration office shall certify the date of issuance on each
petition or remonstrance form that is distributed under this
subdivision.
(4) The petitions and remonstrances must be verified in the
manner prescribed by the state board of accounts and filed with
the county auditor voter registration office within the sixty (60)
day period described in subdivision (2) in the manner set forth in
section 3.1 of this chapter relating to requests for a petition and
remonstrance process.
(5) The county voter registration office shall determine whether
each person who signed the petition or remonstrance is a
registered voter. The county voter registration office shall not
more than fifteen (15) business days after receiving a petition or
remonstrance forward a copy of the petition or remonstrance to
the county auditor. Not more than ten (10) business days after
receiving the copy of the petition or remonstrance, the county
auditor shall provide to the county voter registration office a
statement verifying:
(A) whether a person who signed the petition or remonstrance
as a registered voter but is not a registered voter, as
determined by the county voter registration office, is the
owner of real property in the political subdivision; and
(B) whether a person who signed the petition or remonstrance
as an owner of real property within the political subdivision
does in fact own real property within the political subdivision.
(6) The county voter registration office shall not more than ten
(10) business days after receiving the statement from the county
auditor under subdivision (5) make the final determination of:
(A) the number of registered voters in the political subdivision
that signed a petition and, based on the statement provided by
the county auditor, the number of owners of real property
within the political subdivision that signed a petition; and
(B) the number of registered voters in the political subdivision
that signed a remonstrance and, based on the statement
provided by the county auditor, the number of owners of real
property within the political subdivision that signed a
remonstrance.
Whenever the name of an individual who signs a petition or
remonstrance as a registered voter contains a minor variation
from the name of the registered voter as set forth in the records
of the county voter registration office, the signature is presumed
to be valid, and there is a presumption that the individual is
entitled to sign the petition or remonstrance under this section.
Except as otherwise provided in this chapter, in determining
whether an individual is a registered voter, the county voter
registration office shall apply the requirements and procedures
used under IC 3 to determine whether a person is a registered
voter for purposes of voting in an election governed by IC 3.
However, an individual is not required to comply with the
provisions concerning providing proof of identification to be
considered a registered voter for purposes of this chapter. A
person is entitled to sign a petition or remonstrance only one (1)
time in a particular petition and remonstrance process under this
chapter, regardless of whether the person owns more than one (1)
parcel of real property within the subdivision and regardless of
whether the person is both a registered voter in the political
subdivision and the owner of real property within the political
subdivision. Notwithstanding any other provision of this section,
if a petition or remonstrance is presented to the county voter
registration office within thirty-five (35) days before an election,
the county voter registration office may defer acting on the
petition or remonstrance, and the time requirements under this
section for action by the county voter registration office do not
begin to run until five (5) days after the date of the election.
(5) (7) The county auditor voter registration office must file a
certificate and the petition or remonstrance with the body of the
political subdivision charged with issuing bonds or entering into
leases within fifteen (15) thirty-five (35) business days of the
filing of a petition or remonstrance under subdivision (4),
whichever applies, containing ten thousand (10,000) signatures or
less. The county auditor voter registration office may take an
additional five (5) days to review and certify the petition or
remonstrance for each additional five thousand (5,000) signatures
up to a maximum of sixty (60) days. The certificate must state the
number of petitioners and remonstrators that are owners of real
property within the political subdivision and the number of
petitioners who are registered voters residing within the political
subdivision.
(6) (8) If a greater number of persons who are either owners of
real property within the political subdivision or registered voters
residing within the political subdivision sign a remonstrance than
the number that signed a petition, the bonds petitioned for may
not be issued or the lease petitioned for may not be entered into.
The proper officers of the political subdivision may not make a
preliminary determination to issue bonds or enter into a lease for
the controlled project defeated by the petition and remonstrance
process under this section or any other controlled project that is
not substantially different within one (1) year after the date of the
county auditor's voter registration office's certificate under
subdivision (5). (7). Withdrawal of a petition carries the same
consequences as a defeat of the petition.
(7) (9) After a political subdivision has gone through the petition
and remonstrance process set forth in this section, the political
subdivision is not required to follow any other remonstrance or
objection procedures under any other law (including section 5 of
this chapter) relating to bonds or leases designed to protect
owners of real property within the political subdivision from the
imposition of property taxes to pay debt service or lease rentals.
However, the political subdivision must still receive the approval
of the department of local government finance if required by:
(A) IC 6-1.1-18.5-8; or
(B) IC 20-46-7-8, IC 20-46-7-9, and IC 20-46-7-10.
county which are to be paid in the county for a stated
assessment year as reflected by the auditor's abstract for the
assessment year, adjusted, however, for any postabstract
adjustments which change the amount of the aggregate levy;
minus
(B) the sum of any increases in property tax levies of taxing
units of the county that result from appeals described in:
(i) IC 6-1.1-18.5-13(4) and IC 6-1.1-18.5-13(5) filed after
December 31, 1982; plus
(ii) the sum of any increases in property tax levies of taxing
units of the county that result from any other appeals
described in IC 6-1.1-18.5-13 filed after December 31,
1983; plus
(iii) IC 6-1.1-18.6-3 (children in need of services and
delinquent children who are wards of the county) (before its
repeal); minus
(C) the total amount of property taxes imposed for the stated
assessment year by the taxing units of the county under the
authority of IC 12-1-11.5 (repealed), IC 12-2-4.5 (repealed),
IC 12-19-5, or IC 12-20-24; minus
(D) the total amount of property taxes to be paid during the
stated assessment year that will be used to pay for interest or
principal due on debt that:
(i) is entered into after December 31, 1983;
(ii) is not debt that is issued under IC 5-1-5 to refund debt
incurred before January 1, 1984; and
(iii) does not constitute debt entered into for the purpose of
building, repairing, or altering school buildings for which
the requirements of IC 20-5-52 (repealed) were satisfied
prior to January 1, 1984; minus
(E) the amount of property taxes imposed in the county for the
stated assessment year under the authority of IC 21-2-6
(repealed) or any citation listed in IC 6-1.1-18.5-9.8 for a
cumulative building fund whose property tax rate was initially
established or reestablished for a stated assessment year that
succeeds the 1983 stated assessment year; minus
(F) the remainder of:
(i) the total property taxes imposed in the county for the
stated assessment year under authority of IC 21-2-6
(repealed) or any citation listed in IC 6-1.1-18.5-9.8 for a
cumulative building fund whose property tax rate was not
initially established or reestablished for a stated assessment
year that succeeds the 1983 stated assessment year; minus
(ii) the total property taxes imposed in the county for the
1984 stated assessment year under the authority of IC 21-2-6
(repealed) or any citation listed in IC 6-1.1-18.5-9.8 for a
cumulative building fund whose property tax rate was not
initially established or reestablished for a stated assessment
year that succeeds the 1983 stated assessment year; minus
(G) the amount of property taxes imposed in the county for the
stated assessment year under:
(i) IC 21-2-15 (before its repeal) or IC 20-46-6 for a capital
projects fund; plus
(ii) IC 6-1.1-19-10 (before its repeal) or IC 20-46-3 for a
racial balance fund; plus
(iii) IC 36-12-12 for a library capital projects fund; plus
(iv) IC 36-10-13-7 for an art association fund; plus
(v) IC 21-2-17 (before its repeal) or IC 20-46-2 for a special
education preschool fund; plus
(vi) IC 21-2-11.6 (before its repeal) or IC 20-46-1 for a
referendum tax levy fund; plus
(vii) an appeal filed under IC 6-1.1-19-5.1 (before its repeal)
or IC 20-45-6-8 for an increase in a school corporation's
maximum permissible tuition support levy for certain
transfer tuition costs; plus
(viii) an appeal filed under IC 6-1.1-19-5.4 (before its
repeal) or IC 20-46-4-10 for an increase in a school
corporation's maximum permissible transportation fund levy
for transportation operating costs; minus
(H) the amount of property taxes imposed by a school
corporation that is attributable to the passage, after 1983, of a
referendum for an excessive tax levy under IC 6-1.1-19-4.5
(before its repeal), including any increases in these property
taxes that are attributable to the adjustment set forth in
IC 6-1.1-19-1.5 (before its repeal), IC 20-45-3, or any other
law; minus
(I) for each township in the county, the lesser of:
(i) the sum of the amount determined in IC 6-1.1-18.5-19(a)
STEP THREE (as effective January 1, 1990) or
IC 6-1.1-18.5-19(b) STEP THREE (as effective January 1,
1990), whichever is applicable, plus the part, if any, of the
township's ad valorem property tax levy for calendar year
1989 that represents increases in that levy that resulted from
an appeal described in IC 6-1.1-18.5-13(4) (as effective
before January 1, 1989), filed after December 31, 1982; or
(ii) the amount of property taxes imposed in the township for
the stated assessment year under the authority of
IC 36-8-13-4; minus
(J) for each participating unit in a fire protection territory
established under IC 36-8-19-1, the amount of property taxes
levied by each participating unit under IC 36-8-19-8 and
IC 36-8-19-8.5 less the maximum levy limit for each of the
participating units that would have otherwise been available
for fire protection services under IC 6-1.1-18.5-3 and
IC 6-1.1-18.5-19 for that same year; minus
(K) for each county, the sum of:
(i) the amount of property taxes imposed in the county for
the repayment of loans under IC 12-19-5-6 (repealed) that is
included in the amount determined under IC 12-19-7-4(a)
STEP SEVEN (as effective January 1, 1995) for property
taxes payable in 1995, or for property taxes payable in each
year after 1995, the amount determined under
IC 12-19-7-4(b) (as effective before March 16, 2004) and
IC 12-19-7-4 (as effective after March 15, 2004); and
(ii) the amount of property taxes imposed in the county
attributable to appeals granted under IC 6-1.1-18.6-3 (before
its repeal) that is included in the amount determined under
IC 12-19-7-4(a) STEP SEVEN (as effective January 1,
1995) for property taxes payable in 1995, or the amount
determined under IC 12-19-7-4(b) (as effective before
March 16, 2004) and IC 12-19-7-4 (as effective after March
15, 2004) for property taxes payable in each year after 1995;
plus
(2) all taxes to be paid in the county in respect to mobile home
assessments currently assessed for the year in which the taxes
stated in the abstract are to be paid; plus
(3) the amounts, if any, of county adjusted gross income taxes that
were applied by the taxing units in the county as property tax
replacement credits to reduce the individual levies of the taxing
units for the assessment year, as provided in IC 6-3.5-1.1; plus
(4) the amounts, if any, by which the maximum permissible ad
valorem property tax levies of the taxing units of the county were
reduced under IC 6-1.1-18.5-3(b) STEP EIGHT for the stated
assessment year; plus
(5) the difference between:
(A) the amount determined in IC 6-1.1-18.5-3(e) STEP FOUR;
minus
(B) the amount the civil taxing units' levies were increased
because of the reduction in the civil taxing units' base year
certified shares under IC 6-1.1-18.5-3(e).
(h) "December settlement sheet" means the certificate of settlement
filed by the county auditor with the auditor of state, as required under
IC 6-1.1-27-3.
(i) "Tax duplicate" means the roll of property taxes that each county
auditor is required to prepare each year under IC 6-1.1-22-3.
(j) "Eligible property tax replacement amount" is, except as
otherwise provided by law, equal to the sum of the following:
(1) Sixty percent (60%) of the total county tax levy imposed by
each school corporation in a county for its general fund for a
stated assessment year.
(2) Twenty percent (20%) of the total county tax levy (less sixty
percent (60%) of the levy for the general fund of a school
corporation that is part of the total county tax levy) imposed in a
county on real property for a stated assessment year.
(3) Twenty percent (20%) of the total county tax levy (less sixty
percent (60%) of the levy for the general fund of a school
corporation that is part of the total county tax levy) imposed in a
county on tangible personal property, excluding business personal
property, for an assessment year.
(k) "Business personal property" means tangible personal property
(other than real property) that is being:
(1) held for sale in the ordinary course of a trade or business; or
(2) held, used, or consumed in connection with the production of
income.
(l) "Taxpayer's property tax replacement credit amount" means,
except as otherwise provided by law, the sum of the following:
(1) Sixty percent (60%) of a taxpayer's tax liability in a calendar
year for taxes imposed by a school corporation for its general fund
for a stated assessment year.
(2) Twenty percent (20%) of a taxpayer's tax liability for a stated
assessment year for a total county tax levy (less sixty percent
(60%) of the levy for the general fund of a school corporation that
is part of the total county tax levy) on real property.
(3) Twenty percent (20%) of a taxpayer's tax liability for a stated
assessment year for a total county tax levy (less sixty percent
(60%) of the levy for the general fund of a school corporation that
is part of the total county tax levy) on tangible personal property
other than business personal property.
10 of this chapter a percentage, determined by the department, of the
money that would otherwise be distributed to the county under
subsection (b) and section 10 of this chapter if:
(1) by the date the distribution is scheduled to be made, the
county auditor has not sent a certified statement required to be
sent by that date under IC 6-1.1-17-1 to the department of local
government finance;
(2) by the deadline under IC 36-2-9-20, the county auditor has not
transmitted data as required under that section;
(3) the county assessor has not forwarded to the department of
local government finance the duplicate copies of all approved
exemption applications required to be forwarded by that date
under IC 6-1.1-11-8(a);
(4) the county assessor has not forwarded to the department of
local government finance in a timely manner sales disclosure
forms form data under IC 6-1.1-5.5-3(b); IC 6-1.1-5.5-3(h);
IC 6-1.1-5.5-3(c).
(5) local assessing officials have not provided information to the
department of local government finance in a timely manner under
IC 4-10-13-5(b);
(6) the county auditor has not paid a bill for services under
IC 6-1.1-4-31.5 to the department of local government finance in
a timely manner;
(7) the elected township assessors in the county, the elected
township assessors and the county assessor, or the county assessor
has not transmitted to the department of local government finance
by October 1 of the year in which the distribution is scheduled to
be made the data for all townships in the county required to be
transmitted under IC 6-1.1-4-25(b);
(8) the county has not established a parcel index numbering
system under 50 IAC 12-15-1 in a timely manner; or
(9) a township or county official has not provided other
information to the department of local government finance in a
timely manner as required by the department.
(f) Except as provided in subsection (i), money not distributed for
the reasons stated in subsection (e) shall be distributed to the county
when the department of local government finance determines that the
failure to:
(1) provide information; or
(2) pay a bill for services;
has been corrected.
(g) The restrictions on distributions under subsection (e) do not
apply if the department of local government finance determines that the
failure to:
(1) provide information; or
(2) pay a bill for services;
in a timely manner is justified by unusual circumstances.
(h) The department shall give the county auditor at least thirty (30)
days notice in writing before withholding a distribution under
subsection (e).
(i) Money not distributed for the reason stated in subsection (e)(6)
may be deposited in the fund established by IC 6-1.1-5.5-4.7(a). Money
deposited under this subsection is not subject to distribution under
subsection (f).
2(g)(1)(E), 2(g)(1)(F), 2(g)(1)(G), 2(g)(1)(H), 2(g)(1)(I), 2(g)(1)(J), or
2(g)(1)(K) of this chapter in computing the total county tax levy.
(c) The credit for taxes payable in a particular year with respect to
mobile homes which are assessed under IC 6-1.1-7 is equivalent to the
taxpayer's property tax replacement credit amount for the taxes payable
with respect to the assessments plus the adjustments stated in this
section.
(d) Each taxpayer in a taxing district that contains all or part of an
economic development district that meets the requirements of section
5.5 of this chapter is entitled to an additional credit for property tax
replacement. This credit is equal to the product of:
(1) the STEP TWO quotient determined under section 4(a)(3) of
this chapter for the taxing district; multiplied by
(2) the taxpayer's taxes levied in the taxing district that are
allocated to a special fund under IC 6-1.1-39-5.
accounts with the cooperation of the department shall prescribe the
accounting forms, records, and procedures required to carry out the
provisions of this chapter.
(d) Not later than November 15 of each year, the budget agency
shall determine whether the amount distributed to counties under
section 10 of this chapter for state property tax replacement credits and
state homestead credits is less than the amount available, as determined
by the budget agency, from the appropriation to the property tax
replacement board for distribution as state property tax replacement
credits and state homestead credits. If the amount distributed is less
than the available appropriation, the budget agency shall apportion the
excess among the counties in proportion to the final determination of
state property tax replacement credits and state homestead credits for
each county and certify the excess amount for each county to the
department and the department of local government finance. The
department shall distribute the certified additional amount for a county
to the county treasurer before December 15 of the year. Not later than
December 31 in the year, the county treasurer shall allocate the
certified additional amount among the taxing units in the county in
proportion to the part of the total county tax levy imposed by each
taxing unit. The taxing unit shall deposit the allocated amount in the
taxing unit's levy excess fund under established under IC 6-1.1-18.5-17
or IC 20-40-10. The allocated amount shall be treated in the same
manner as a levy excess (as defined in IC 6-1.1-18.5-17 and
IC 20-44-3-2) and shall be used only to reduce the part of the county
tax levy imposed by the taxing unit in the immediately following year.
form, subject to the approval of the state board of accounts, for the
statement under subsection (b) that includes at least the following:
(1) A statement of the taxpayer's current and delinquent taxes and
special assessments.
(2) A breakdown showing the total property tax and special
assessment liability and the amount of the taxpayer's liability that
will be distributed to each taxing unit in the county.
(3) An itemized listing for each property tax levy, including:
(A) the amount of the tax rate;
(B) the entity levying the tax owed; and
(C) the dollar amount of the tax owed.
(4) Information designed to show the manner in which the taxes
and special assessments billed in the tax statement are to be used.
(5) A comparison showing any change in the assessed valuation
for the property as compared to the previous year.
(6) A comparison showing any change in the property tax and
special assessment liability for the property as compared to the
previous year. The information required under this subdivision
must identify:
(A) the amount of the taxpayer's liability distributable to each
taxing unit in which the property is located in the current year
and in the previous year; and
(B) the percentage change, if any, in the amount of the
taxpayer's liability distributable to each taxing unit in which
the property is located from the previous year to the current
year.
(7) An explanation of the following:
(A) The homestead credit and all property tax deductions.
(B) The procedure and deadline for filing for the homestead
credit and each deduction.
(C) The procedure that a taxpayer must follow to:
(i) appeal a current assessment; or
(ii) petition for the correction of an error related to the
taxpayer's property tax and special assessment liability.
(D) The forms that must be filed for an appeal or a petition
described in clause (C).
The department of local government finance shall provide the
explanation required by this subdivision to each county treasurer.
(8) A checklist that shows:
(A) the homestead credit and all property tax deductions; and
(B) whether the homestead credit and each property tax
deduction applies in the current statement for the property
transmitted under subsection (b).
(d) The county treasurer may mail or transmit the statement one (1)
time each year at least fifteen (15) days before the date on which the
first or only installment is due. Whenever a person's tax liability for a
year is due in one (1) installment under IC 6-1.1-7-7 or section 9 of this
chapter, a statement that is mailed must include the date on which the
installment is due and denote the amount of money to be paid for the
installment. Whenever a person's tax liability is due in two (2)
installments, a statement that is mailed must contain the dates on which
the first and second installments are due and denote the amount of
money to be paid for each installment.
(e) All payments of property taxes and special assessments shall be
made to the county treasurer. The county treasurer, when authorized by
the board of county commissioners, may open temporary offices for the
collection of taxes in cities and towns in the county other than the
county seat.
(f) The county treasurer, county auditor, and county assessor shall
cooperate to generate the information to be included in the statement
under subsection (c).
(g) The information to be included in the statement under subsection
(c) must be simply and clearly presented and understandable to the
average individual.
(h) After December 31, 2007, a reference in a law or rule to
IC 6-1.1-22-8 (expired January 1, 2008, and repealed) shall be
treated as a reference to this section.
auditor, the deduction will be disallowed and you will be liable for
taxes and penalties on the amount deducted.".
UPON PASSAGE]: Sec. 9.5. (a) This section applies only to property
taxes first due and payable in a year that begins after December 31,
2003:
(1) with respect to a homestead (as defined in IC 6-1.1-20.9-1);
and
(2) that are not payable in one (1) installment under section 9(c)
of this chapter.
(b) At any time before the mailing or transmission of tax statements
for a year under section 8 section 8.1 of this chapter, a county may
petition the department of local government finance to establish a
schedule of installments for the payment of property taxes with respect
to:
(1) real property that are based on the assessment of the property
in the immediately preceding year; or
(2) a mobile home or manufactured home that is not assessed as
real property that are based on the assessment of the property in
the current year.
The county fiscal body (as defined in IC 36-1-2-6) must approve a
petition under this subsection.
(c) The department of local government finance:
(1) may not establish a date for:
(A) an installment payment that is earlier than May 10 of the
year in which the tax statement is mailed or transmitted;
(B) the first installment payment that is later than November
10 of the year in which the tax statement is mailed or
transmitted; or
(C) the last installment payment that is later than May 10 of
the year immediately following the year in which the tax
statement is mailed or transmitted; and
(2) shall:
(A) prescribe the form of the petition under subsection (b);
(B) determine the information required on the form; and
(C) notify the county fiscal body, the county auditor, and the
county treasurer of the department's determination on the
petition not later than twenty (20) days after receiving the
petition.
(d) Revenue from property taxes paid under this section in the year
immediately following the year in which the tax statement is mailed or
transmitted under section 8 section 8.1 of this chapter:
(1) is not considered in the determination of a levy excess under
IC 6-1.1-18.5-17 or IC 20-44-3 for the year in which the property
taxes are paid; and
Postal Service, on or before the due date; or
(5) made by an electronic funds transfer and the taxpayer's bank
account is charged on or before the due date.
For purposes of this subsection, "postmarked" does not mean the date
printed by a postage meter that affixes postage to the envelope or
package containing a payment.
(g) If a payment is mailed through the United States mail and is
physically received after the due date without a legible correct
postmark, the person who mailed the payment is considered to have
made the payment on or before the due date if the person can show by
reasonable evidence that the payment was deposited in the United
States mail on or before the due date.
(h) If a payment is sent via the United States mail or a nationally
recognized express parcel carrier but is not received by the designated
recipient, the person who sent the payment is considered to have made
the payment on or before the due date if the person:
(1) can show by reasonable evidence that the payment was
deposited in the United States mail, or with the express parcel
carrier, on or before the due date; and
(2) makes a duplicate payment within thirty (30) days after the
date the person is notified that the payment was not received.
approved for personal property under section 24 of this chapter, the
designating body shall also mail a copy of the notice to the department
of local government finance.
(c) On the date specified in the notice described in subsection
(b)(2), the designating body shall conduct a hearing for the purpose of
further considering the property owner's compliance with the statement
of benefits. Based on the information presented at the hearing by the
property owner and other interested parties, the designating body shall
again determine whether the property owner has made reasonable
efforts to substantially comply with the statement of benefits and
whether any failure to substantially comply was caused by factors
beyond the control of the property owner. If the designating body
determines that the property owner has not made reasonable efforts to
comply with the statement of benefits, the designating body shall adopt
a resolution terminating the property owner's deduction under section
24 of this chapter. If the designating body adopts such a resolution, the
deduction does not apply to the next installment of property taxes owed
by the property owner or to any subsequent installment of property
taxes.
(d) If the designating body adopts a resolution terminating a
deduction under subsection (c), the designating body shall immediately
mail a certified copy of the resolution to:
(1) the property owner;
(2) the county auditor; and
(3) the department of local government finance if the deduction
was granted for personal property under section 24 of this chapter.
The county auditor shall remove the deduction from the tax duplicate
and shall notify the county treasurer of the termination of the
deduction. If the designating body's resolution is adopted after the
county treasurer has mailed the statement required by IC 6-1.1-22-8,
IC 6-1.1-22-8.1, the county treasurer shall immediately mail the
property owner a revised statement that reflects the termination of the
deduction.
(e) A property owner whose deduction is terminated by the
designating body under this section may appeal the designating body's
decision by filing a complaint in the office of the clerk of the circuit or
superior court together with a bond conditioned to pay the costs of the
appeal if the appeal is determined against the property owner. An
appeal under this subsection shall be promptly heard by the court
without a jury and determined within thirty (30) days after the time of
the filing of the appeal. The court shall hear evidence on the appeal and
may confirm the action of the designating body or sustain the appeal.
The judgment of the court is final and conclusive unless an appeal is
taken as in other civil actions.
(f) If an appeal under subsection (e) is pending, the taxes resulting
from the termination of the deduction are not due until after the appeal
is finally adjudicated and the termination of the deduction is finally
determined.
than forty thousand dollars ($40,000).
This amount is in addition to the amount subtracted under
subdivision (4).
(6) Subtract an amount equal to the lesser of:
(A) that part of the individual's adjusted gross income (as
defined in Section 62 of the Internal Revenue Code) for that
taxable year that is subject to a tax that is imposed by a
political subdivision of another state and that is imposed on or
measured by income; or
(B) two thousand dollars ($2,000).
(7) Add an amount equal to the total capital gain portion of a
lump sum distribution (as defined in Section 402(e)(4)(D) of the
Internal Revenue Code) if the lump sum distribution is received
by the individual during the taxable year and if the capital gain
portion of the distribution is taxed in the manner provided in
Section 402 of the Internal Revenue Code.
(8) Subtract any amounts included in federal adjusted gross
income under Section 111 of the Internal Revenue Code as a
recovery of items previously deducted as an itemized deduction
from adjusted gross income.
(9) Subtract any amounts included in federal adjusted gross
income under the Internal Revenue Code which amounts were
received by the individual as supplemental railroad retirement
annuities under 45 U.S.C. 231 and which are not deductible under
subdivision (1).
(10) Add an amount equal to the deduction allowed under Section
221 of the Internal Revenue Code for married couples filing joint
returns if the taxable year began before January 1, 1987.
(11) Add an amount equal to the interest excluded from federal
gross income by the individual for the taxable year under Section
128 of the Internal Revenue Code if the taxable year began before
January 1, 1985.
(12) Subtract an amount equal to the amount of federal Social
Security and Railroad Retirement benefits included in a taxpayer's
federal gross income by Section 86 of the Internal Revenue Code.
(13) In the case of a nonresident taxpayer or a resident taxpayer
residing in Indiana for a period of less than the taxpayer's entire
taxable year, the total amount of the deductions allowed pursuant
to subdivisions (3), (4), (5), and (6) shall be reduced to an amount
which bears the same ratio to the total as the taxpayer's income
taxable in Indiana bears to the taxpayer's total income.
(14) In the case of an individual who is a recipient of assistance
under IC 12-10-6-1, IC 12-10-6-2.1, IC 12-15-2-2, or IC 12-15-7,
subtract an amount equal to that portion of the individual's
adjusted gross income with respect to which the individual is not
allowed under federal law to retain an amount to pay state and
local income taxes.
(15) In the case of an eligible individual, subtract the amount of
a Holocaust victim's settlement payment included in the
individual's federal adjusted gross income.
(16) For taxable years beginning after December 31, 1999,
subtract an amount equal to the portion of any premiums paid
during the taxable year by the taxpayer for a qualified long term
care policy (as defined in IC 12-15-39.6-5) for the taxpayer or the
taxpayer's spouse, or both.
(17) Subtract an amount equal to the lesser of:
(A) for a taxable year:
(i) including any part of 2004, the amount determined under
subsection (f); and
(ii) beginning after December 31, 2004, two thousand five
hundred dollars ($2,500); or
(B) the amount of property taxes that are paid during the
taxable year in Indiana by the individual on the individual's
principal place of residence.
(18) Subtract an amount equal to the amount of a September 11
terrorist attack settlement payment included in the individual's
federal adjusted gross income.
(19) Add or subtract the amount necessary to make the adjusted
gross income of any taxpayer that owns property for which bonus
depreciation was allowed in the current taxable year or in an
earlier taxable year equal to the amount of adjusted gross income
that would have been computed had an election not been made
under Section 168(k) of the Internal Revenue Code to apply bonus
depreciation to the property in the year that it was placed in
service.
(20) Add an amount equal to any deduction allowed under
Section 172 of the Internal Revenue Code.
(21) Add or subtract the amount necessary to make the adjusted
gross income of any taxpayer that placed Section 179 property (as
defined in Section 179 of the Internal Revenue Code) in service
in the current taxable year or in an earlier taxable year equal to
the amount of adjusted gross income that would have been
computed had an election for federal income tax purposes not
been made for the year in which the property was placed in
service to take deductions under Section 179 of the Internal
Revenue Code in a total amount exceeding twenty-five thousand
dollars ($25,000).
(22) Add an amount equal to the amount that a taxpayer claimed
as a deduction for domestic production activities for the taxable
year under Section 199 of the Internal Revenue Code for federal
income tax purposes.
(23) Subtract an amount equal to the amount of the taxpayer's
qualified military income that was not excluded from the
taxpayer's gross income for federal income tax purposes under
Section 112 of the Internal Revenue Code.
(23) (24) Subtract income that is:
(A) exempt from taxation under IC 6-3-2-21.7; and
(B) included in the individual's federal adjusted gross income
under the Internal Revenue Code.
(b) In the case of corporations, the same as "taxable income" (as
defined in Section 63 of the Internal Revenue Code) adjusted as
follows:
(1) Subtract income that is exempt from taxation under this article
by the Constitution and statutes of the United States.
(2) Add an amount equal to any deduction or deductions allowed
or allowable pursuant to Section 170 of the Internal Revenue
Code.
(3) Add an amount equal to any deduction or deductions allowed
or allowable pursuant to Section 63 of the Internal Revenue Code
for taxes based on or measured by income and levied at the state
level by any state of the United States.
(4) Subtract an amount equal to the amount included in the
corporation's taxable income under Section 78 of the Internal
Revenue Code.
(5) Add or subtract the amount necessary to make the adjusted
gross income of any taxpayer that owns property for which bonus
depreciation was allowed in the current taxable year or in an
earlier taxable year equal to the amount of adjusted gross income
that would have been computed had an election not been made
under Section 168(k) of the Internal Revenue Code to apply bonus
depreciation to the property in the year that it was placed in
service.
(6) Add an amount equal to any deduction allowed under Section
172 of the Internal Revenue Code.
(7) Add or subtract the amount necessary to make the adjusted
gross income of any taxpayer that placed Section 179 property (as
defined in Section 179 of the Internal Revenue Code) in service
in the current taxable year or in an earlier taxable year equal to
the amount of adjusted gross income that would have been
computed had an election for federal income tax purposes not
been made for the year in which the property was placed in
service to take deductions under Section 179 of the Internal
Revenue Code in a total amount exceeding twenty-five thousand
dollars ($25,000).
(8) Add an amount equal to the amount that a taxpayer claimed as
a deduction for domestic production activities for the taxable year
under Section 199 of the Internal Revenue Code for federal
income tax purposes.
(9) Add to the extent required by IC 6-3-2-20 the amount of
intangible expenses (as defined in IC 6-3-2-20) and any directly
related intangible interest expenses (as defined in IC 6-3-2-20) for
the taxable year that reduced the corporation's taxable income (as
defined in Section 63 of the Internal Revenue Code) for federal
income tax purposes.
(10) Add an amount equal to any deduction for dividends paid (as
defined in Section 561 of the Internal Revenue Code) to
shareholders of a captive real estate investment trust (as defined
in section 34.5 of this chapter).
(10) (11) Subtract income that is:
(A) exempt from taxation under IC 6-3-2-21.7; and
(B) included in the corporation's taxable income under the
Internal Revenue Code.
(c) In the case of life insurance companies (as defined in Section
816(a) of the Internal Revenue Code) that are organized under Indiana
law, the same as "life insurance company taxable income" (as defined
in Section 801 of the Internal Revenue Code), adjusted as follows:
(1) Subtract income that is exempt from taxation under this article
by the Constitution and statutes of the United States.
(2) Add an amount equal to any deduction allowed or allowable
under Section 170 of the Internal Revenue Code.
(3) Add an amount equal to a deduction allowed or allowable
under Section 805 or Section 831(c) of the Internal Revenue Code
for taxes based on or measured by income and levied at the state
level by any state.
(4) Subtract an amount equal to the amount included in the
company's taxable income under Section 78 of the Internal
Revenue Code.
(5) Add or subtract the amount necessary to make the adjusted
gross income of any taxpayer that owns property for which bonus
depreciation was allowed in the current taxable year or in an
earlier taxable year equal to the amount of adjusted gross income
that would have been computed had an election not been made
under Section 168(k) of the Internal Revenue Code to apply bonus
depreciation to the property in the year that it was placed in
service.
(6) Add an amount equal to any deduction allowed under Section
172 or Section 810 of the Internal Revenue Code.
(7) Add or subtract the amount necessary to make the adjusted
gross income of any taxpayer that placed Section 179 property (as
defined in Section 179 of the Internal Revenue Code) in service
in the current taxable year or in an earlier taxable year equal to
the amount of adjusted gross income that would have been
computed had an election for federal income tax purposes not
been made for the year in which the property was placed in
service to take deductions under Section 179 of the Internal
Revenue Code in a total amount exceeding twenty-five thousand
dollars ($25,000).
(8) Add an amount equal to the amount that a taxpayer claimed as
a deduction for domestic production activities for the taxable year
under Section 199 of the Internal Revenue Code for federal
income tax purposes.
(9) Subtract income that is:
(A) exempt from taxation under IC 6-3-2-21.7; and
(B) included in the insurance company's taxable income under
the Internal Revenue Code.
(d) In the case of insurance companies subject to tax under Section
831 of the Internal Revenue Code and organized under Indiana law, the
same as "taxable income" (as defined in Section 832 of the Internal
Revenue Code), adjusted as follows:
(1) Subtract income that is exempt from taxation under this article
by the Constitution and statutes of the United States.
(2) Add an amount equal to any deduction allowed or allowable
under Section 170 of the Internal Revenue Code.
(3) Add an amount equal to a deduction allowed or allowable
under Section 805 or Section 831(c) of the Internal Revenue Code
for taxes based on or measured by income and levied at the state
level by any state.
(4) Subtract an amount equal to the amount included in the
company's taxable income under Section 78 of the Internal
Revenue Code.
that would have been computed had an election not been made
under Section 168(k) of the Internal Revenue Code to apply bonus
depreciation to the property in the year that it was placed in
service.
(4) Add an amount equal to any deduction allowed under Section
172 of the Internal Revenue Code.
(5) Add or subtract the amount necessary to make the adjusted
gross income of any taxpayer that placed Section 179 property (as
defined in Section 179 of the Internal Revenue Code) in service
in the current taxable year or in an earlier taxable year equal to
the amount of adjusted gross income that would have been
computed had an election for federal income tax purposes not
been made for the year in which the property was placed in
service to take deductions under Section 179 of the Internal
Revenue Code in a total amount exceeding twenty-five thousand
dollars ($25,000).
(6) Add an amount equal to the amount that a taxpayer claimed as
a deduction for domestic production activities for the taxable year
under Section 199 of the Internal Revenue Code for federal
income tax purposes.
(7) Subtract income that is:
(A) exempt from taxation under IC 6-3-2-21.7; and
(B) included in the taxpayer's taxable income under the
Internal Revenue Code.
(f) This subsection applies only to the extent that an individual paid
property taxes in 2004 that were imposed for the March 1, 2002,
assessment date or the January 15, 2003, assessment date. The
maximum amount of the deduction under subsection (a)(17) is equal
to the amount determined under STEP FIVE of the following formula:
STEP ONE: Determine the amount of property taxes that the
taxpayer paid after December 31, 2003, in the taxable year for
property taxes imposed for the March 1, 2002, assessment date
and the January 15, 2003, assessment date.
STEP TWO: Determine the amount of property taxes that the
taxpayer paid in the taxable year for the March 1, 2003,
assessment date and the January 15, 2004, assessment date.
STEP THREE: Determine the result of the STEP ONE amount
divided by the STEP TWO amount.
STEP FOUR: Multiply the STEP THREE amount by two
thousand five hundred dollars ($2,500).
STEP FIVE: Determine the sum of the STEP FOUR amount and
two thousand five hundred dollars ($2,500).
option income tax rate that are in effect on January 1 of a year
may equal up to one and twenty-five hundredths percent (1.25%);
if the county income tax council makes a determination to impose rates
under this subsection and section 22 of this chapter.
(h) For a county having a population of more than forty-one
thousand (41,000) but less than forty-three thousand (43,000), except
as provided in subsection (p), the county economic development
income tax rate plus the county adjusted gross income tax rate that are
in effect on January 1 of a year may not exceed one and thirty-five
hundredths percent (1.35%) if the county has imposed the county
adjusted gross income tax at a rate of one and one-tenth percent (1.1%)
under IC 6-3.5-1.1-2.5.
(i) For a county having a population of more than thirteen thousand
five hundred (13,500) but less than fourteen thousand (14,000), except
as provided in subsection (p), the county economic development
income tax rate plus the county adjusted gross income tax rate that are
in effect on January 1 of a year may not exceed one and fifty-five
hundredths percent (1.55%).
(j) For a county having a population of more than seventy-one
thousand (71,000) but less than seventy-one thousand four hundred
(71,400), except as provided in subsection (p), the county economic
development income tax rate plus the county adjusted gross income tax
rate that are in effect on January 1 of a year may not exceed one and
five-tenths percent (1.5%).
(k) This subsection applies to a county having a population of more
than twenty-seven thousand four hundred (27,400) but less than
twenty-seven thousand five hundred (27,500). Except as provided in
subsection (p), in addition to the rates permitted under subsection (b):
(1) the county economic development income tax may be imposed
at a rate of twenty-five hundredths percent (0.25%); and
(2) the sum of the county economic development income tax rate
and the county adjusted gross income tax rate that are in effect on
January 1 of a year may not exceed one and five-tenths percent
(1.5%);
if the county council makes a determination to impose rates under this
subsection and section 22.5 of this chapter.
(l) For a county having a population of more than twenty-nine
thousand (29,000) but less than thirty thousand (30,000), except as
provided in subsection (p), the county economic development income
tax rate plus the county adjusted gross income tax rate that are in effect
on January 1 of a year may not exceed one and five-tenths percent
(1.5%).
rates that would otherwise apply under this section.
However, the additional rate imposed under this subsection may not
exceed the amount necessary to mitigate the increased ad valorem
property taxes on homesteads (as defined in IC 6-1.1-20.9-1) or
residential property (as defined in section 26 of this chapter), as
appropriate under the ordinance adopted by the adopting body in the
county, resulting from the deduction of the assessed value of inventory
in the county under IC 6-1.1-12-41 or IC 6-1.1-12-42.
(q) If the county economic development income tax is imposed as
authorized under subsection (p) at a rate that exceeds the maximum
rate that would otherwise apply under this section, the certified
distribution must be used for the purpose provided in section 25(e) or
26 of this chapter to the extent that the certified distribution results
from the difference between:
(1) the actual county economic development tax rate; and
(2) the maximum rate that would otherwise apply under this
section.
(r) This subsection applies only to a county described in section 27
of this chapter. Except as provided in subsection (p), in addition to the
rates permitted by subsection (b), the:
(1) county economic development income tax may be imposed at
a rate of twenty-five hundredths percent (0.25%); and
(2) county economic development income tax rate plus the county
option income tax rate that are in effect on January 1 of a year
may equal up to one and twenty-five hundredths percent (1.25%);
if the county council makes a determination to impose rates under this
subsection and section 27 of this chapter.
(s) Except as provided in subsection (p), the county economic
development income tax rate plus the county adjusted gross income tax
rate that are in effect on January 1 of a year may not exceed one and
five-tenths percent (1.5%) if the county has imposed the county
adjusted gross income tax under IC 6-3.5-1.1-3.3.
(t) This subsection applies to Howard County. Except as provided
in subsection (p), the sum of the county economic development income
tax rate and the county option income tax rate that are in effect on
January 1 of a year may not exceed one and twenty-five hundredths
percent (1.25%).
(u) This subsection applies to Scott County. Except as provided in
subsection (p), the sum of the county economic development income
tax rate and the county option income tax rate that are in effect on
January 1 of a year may not exceed one and twenty-five hundredths
percent (1.25%).
registration laws of Indiana to register vehicles and such excise tax
shall be paid to the bureau at the time the vehicle is registered by the
owner as provided in the motor vehicle registration laws of Indiana.
Each vehicle subject to taxation under this chapter shall be registered
by the owner thereof as being taxable in the county of the owner's
residence. The payment of the excise tax imposed by this chapter shall
be a condition to the right to register or reregister the vehicle and shall
be in addition to all other conditions prescribed by law.
(b) A voucher from the department of state revenue showing
payment of the excise tax imposed by this chapter may be accepted by
the bureau in lieu of a payment under subsection (a).
calendar year shall be entitled to the same reduction when registered
in Indiana.
(e) The owner of a vehicle who sells the vehicle in a year in which
the owner has paid the tax imposed by this chapter shall receive a
credit equal to the remainder of:
(1) the tax paid for the vehicle; reduced by
(2) eight and thirty-three hundredths percent (8.33%) for each full
or partial calendar month that has elapsed in the registrant's
annual registration year before the date of the sale.
The credit shall be applied to the tax due on any other vehicle
purchased or subsequently registered by the owner in the same
registrant's annual registration year. If the credit is not fully used and
the amount of the credit remaining is at least four dollars ($4), the
owner is entitled to a refund in the amount of the unused credit. The
owner must pay a fee of three dollars ($3) to the bureau to cover costs
of providing the refund, which may be deducted from the refund. The
bureau shall issue the refund. The bureau shall transfer to the bureau
of motor vehicles commission three dollars ($3) of the fee to cover the
commission's costs in processing the refund. To claim the credit and
refund provided by this subsection, the owner of the vehicle must
present to the bureau proof of sale of the vehicle.
(f) Subject to the requirements of subsection (g), subsection (h), the
owner of a vehicle that is destroyed in a year in which the owner has
paid the tax imposed by this chapter, which vehicle is not replaced by
a replacement vehicle for which a credit is issued under this section,
shall receive a refund in an amount equal to eight and thirty-three
hundredths percent (8.33%) of the tax paid for each full calendar
month remaining in the registrant's annual registration year after the
date of destruction, but only upon presentation or return to the bureau
of the following:
(1) A request for refund on a form furnished by the bureau.
(2) A statement of proof of destruction on an affidavit furnished
by the bureau.
(3) The license plate from the vehicle.
(4) The registration from the vehicle.
However, the refund may not exceed ninety percent (90%) of the tax
paid on the destroyed vehicle. The amount shall be refunded by a
warrant issued by the auditor of the county that received the excise tax
revenue and shall be paid out of the special account created for
settlement of the excise tax collections under IC 6-6-5-10. For purposes
of this subsection, a vehicle is considered destroyed if the cost of repair
of damages suffered by the vehicle exceeds the vehicle's fair market
value.
(g) If the name of the owner of a vehicle is legally changed and the
change has caused a change in the owner's annual registration date, the
excise tax liability of the owner shall be adjusted as follows:
(1) If the name change requires the owner to register sooner than
the owner would have been required to register if there had been
no name change, the owner shall, at the time the name change is
reported, be authorized a refund from the county treasurer in the
amount of the product of:
(A) eight and thirty-three hundredths percent (8.33%) of the
owner's last preceding annual excise tax liability; and
(B) the number of full calendar months between the owner's
new regular annual registration month and the next succeeding
regular annual registration month that is based on the owner's
former name.
(2) If the name change required the owner to register later than
the owner would have been required to register if there had been
no name change, the vehicle shall be subject to excise tax for the
period between the month in which the owner would have been
required to register if there had been no name change and the new
regular annual registration month in the amount of the product of:
(A) eight and thirty-three hundredths percent (8.33%) of the
owner's excise tax liability computed as of the time the owner
would have been required to register if there had been no name
change; and
(B) the number of full calendar months between the month in
which the owner would have been required to register if there
had been no name change and the owner's new regular annual
registration month.
(h) In order to claim a credit under subsection (e) subsection (f) for
a vehicle that is destroyed, the owner of the vehicle must present to the
bureau of motor vehicles a valid registration for the vehicle within
ninety (90) days of the date that it was destroyed. The bureau shall then
fix the amount of the credit that the owner is entitled to receive.
provider reimbursements.
(7) Four and one-tenth percent (4.1%) of the money shall be
deposited in the state general fund for the purpose of paying any
appropriation for a health initiative.
(8) Two and forty-six hundredths percent (2.46%) of the money
shall be deposited in the state general fund for the purpose of
reimbursing the state general fund for a tax credit provided under
IC 6-3.1-31.
The money in the cigarette tax fund, the mental health centers fund, the
Indiana check-up plan trust fund, or the pension relief fund at the end
of a fiscal year does not revert to the state general fund. However, if in
any fiscal year, the amount allocated to a fund under subdivision (1) or
(2) is less than the amount received in fiscal year 1977, then that fund
shall be credited with the difference between the amount allocated and
the amount received in fiscal year 1977, and the allocation for the fiscal
year to the fund under subdivision (3) shall be reduced by the amount
of that difference. Money deposited under subdivisions (6) through (8)
may not be used for any purpose other than the purpose stated in the
subdivision.
county option dog tax return form that a county may use for the
reporting of county option dog tax liability.
beverages in the course of the person's employment.
(3) A person who is at least nineteen (19) years of age but less
than twenty-one (21) years of age who: and (A) who has
successfully completed an alcohol server training program
certified under IC 7.1-3-1.5 and (B) serves from serving
alcoholic beverages in a dining area or family room of a
restaurant or hotel:
(i) (A) in the course of a person's employment as a waiter,
waitress, or server; and
(ii) (B) under the supervision of a person who:
(i) is at least twenty-one (21) years of age;
(ii) is present at the restaurant or hotel; and
(iii) has successfully completed an alcohol server training
program certified under IC 7.1-3-1.5 by the commission.
This subdivision does not allow a person at least nineteen (19)
years of age but less than twenty-one (21) years of age to be a
bartender.
chapter, at which the proposal of the consolidation shall be
presented. If at each meeting the consolidation agreement is
approved by a resolution duly adopted and receiving the
affirmative vote of at least three-fourths (3/4) of the members who
attend each meeting, the directors named in the agreement shall
subscribe and acknowledge articles conforming substantially to the
original articles of incorporation. The new articles shall be entitled
and endorsed "Articles of Consolidation of __________" (the blank
space being filled in with the names of the cooperative corporations
being consolidated) and must state:
(1) the names of the cooperative corporations being
consolidated;
(2) the name of the consolidated cooperative corporation;
(3) a statement that each consolidating cooperative
corporation agrees to the consolidation;
(4) the names and addresses of the directors of the new
cooperative corporation; and
(5) the terms and conditions of the consolidation and the mode
of carrying the consolidation into effect, including the manner
in which members of the consolidating cooperative
corporations may or shall become members of the new
cooperative corporation.
The new articles of incorporation may contain any provisions not
inconsistent with this chapter that are necessary or advisable for
the conduct of the business of the new cooperative corporation.
(b) If the commission approves the articles of consolidation
under section 5 of this chapter, the articles of consolidation or a
certified copy or copies of the articles shall be filed, together with
the attached copy of the order of the commission under section
5(e)(2) of this chapter, in the same place as the original articles of
incorporation. Upon the filings required under section 5(g) of this
chapter, the proposed consolidated cooperative corporation, under
its designated name, is a body corporate with all the powers of a
cooperative corporation as originally formed under this chapter.
right-of-way for recreational purposes. The study must be completed
within ninety (90) days after receiving the notice from the Indiana
department of transportation. If the department of natural resources
finds that recreational use is feasible, the department of natural
resources shall urge the appropriate state and local authorities to
acquire the right-of-way for recreational purposes.
transportation or local authority that:
(1) has jurisdiction over a highway or street; and
(2) is responsible for the repair and maintenance of the highway
or street;
may, upon proper application in writing and upon good cause shown,
grant a permit for transporting heavy vehicles and loads or other
objects not conforming to this article, including a vehicle transporting
an ocean going container, if the department or authority finds that other
traffic will not be seriously affected and the highway or bridge will not
be seriously damaged. However,
(b) The permit granted under subsection (a) must authorize the
operation of a tractor-semitrailer and load that:
(1) exceeds the maximum length limitation under this chapter;
and
(2) is subject to regulation under this chapter;
from one-half (1/2) hour before sunrise to one-half (1/2) hour after
sunset.
(b) (c) A permit may be issued under this section for the following:
(1) A single trip.
(2) A definite time not exceeding thirty (30) days.
(3) A ninety (90) day period.
(4) A one (1) year period.
(c) (d) This subsection applies to the transportation of ocean going
containers that:
(1) have been sealed at the place of origin and have not been
opened except by an agent of the federal government that may
inspect the contents;
(2) originated outside the United States; and
(3) is are being transported to or from a distribution facility.
The total gross weight, with load of a vehicle or combination of
vehicles transporting an ocean going container may not exceed ninety
thousand (90,000) pounds. A permit issued under this section must be
issued on an annual basis. A permit issued under this subsection may
not impose a limit on the number of movements generated by the
applicant or operator of a vehicle granted a permit under this
subsection.
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2.5. (a) An
operator's license or a learner's permit may not be issued to an
individual who is under an order entered by a court under
IC 35-43-1-2(d). IC 35-43-1-2(c).
(b) The bureau shall suspend the operator's license or invalidate the
learner's permit of a person who is the subject of an order issued under
IC 31-37-19-17 (or IC 31-6-4-15.9(f) before its repeal) or
IC 35-43-1-2(c).
SECTION 2, AND AS AMENDED BY P.L.197-2007, SECTION 2, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 39. (a) The department is
designated as the authorized agency to receive requests for, process,
and disseminate the results of national criminal history background
checks that comply with this section and 42 U.S.C. 5119a.
(b) A qualified entity may contact the department to request a
national criminal history background check on any of the following
persons:
(1) A person who seeks to be or is employed with the qualified
entity. A request under this subdivision must be made not later
than three (3) months after the person is initially employed by the
qualified entity.
(2) A person who seeks to volunteer or is a volunteer with the
qualified entity. A request under this subdivision must be made
not later than three (3) months after the person initially volunteers
with the qualified entity.
(3) A person for whom a national criminal history background
check is required under any law relating to the licensing of a
home, center, or other facility for purposes of day care or
residential care of children.
(4) A person for whom a national criminal history background
check is required for purposes of placement of a child in a foster
family home, a prospective adoptive home, or the home of a
relative or other caretaker, or for purposes of a report
concerning an adoption as required by IC 31-19-8.
(c) A qualified entity must submit a request under subsection (b) in
the form required by the department and provide a set of the person's
fingerprints and any required fees with the request.
(d) If a qualified entity makes a request in conformity with
subsection (b), the department shall submit the set of fingerprints
provided with the request to the Federal Bureau of Investigation for a
national criminal history background check. for convictions described
in IC 20-26-5-11. The department shall respond to the request in
conformity with:
(1) the requirements of 42 U.S.C. 5119a; and
(2) the regulations prescribed by the Attorney General of the
United States under 42 U.S.C. 5119a.
(e) This Subsection (f):
(1) applies to a qualified entity that:
(A) is not a school corporation or a special education
cooperative; or that
register.
(3) Obtain the address where the sex or violent offender expects
to reside after the sex or violent offender's release.
(4) Transmit to the local law enforcement authority in the county
where the sex or violent offender expects to reside the sex or
violent offender's name, date of release or transfer, new address,
and the offense or delinquent act committed by the sex or violent
offender.
(b) Not more than seventy-two (72) hours after a sex or violent
offender who is required to register under this chapter is released or
transferred as described in subsection (a), an official of the facility shall
transmit to the state police the following:
(1) The sex or violent offender's fingerprints, photograph, and
identification factors.
(2) The address where the sex or violent offender expects to
reside after the sex or violent offender's release.
(3) The complete criminal history data (as defined in
IC 10-13-3-5) or, if the sex or violent offender committed a
delinquent act, juvenile history data (as defined in IC 10-13-4-4)
of the sex or violent offender.
(4) Information regarding the sex or violent offender's past
treatment for mental disorders.
(5) Information as to whether the sex or violent offender has been
determined to be a sexually violent predator.
(c) This subsection applies if a sex or violent offender is placed on
probation or in a community corrections program without being
confined in a penal facility. The probation office serving the court in
which the sex or violent offender is sentenced shall perform the duties
required under subsections (a) and (b).
(d) For any sex or violent offender who is not committed to the
department, the probation office of the sentencing court shall transmit
to the department a copy of:
(1) the sex or violent offender's:
(1) (A) sentencing order; and
(2) (B) presentence investigation; and
(3) (2) any other information required by the department to make
a determination concerning sex or violent offender registration.
employment, vocation, or enrollment of a sex or violent offender
between Indiana and the other jurisdiction or the other jurisdiction and
Indiana.
(b) If the department receives information that a sex or violent
offender has relocated to Indiana to reside, engage in employment or
a vocation, or enroll in school, or that a sex or violent offender has been
convicted in Indiana but not sentenced to the department, the
department shall determine:
(1) whether the person is defined as a:
(A) sex offender under IC 11-8-8-4.5; or
(B) sex or violent offender under IC 11-8-8-5;
(2) whether the person is a sexually violent predator under
IC 35-38-1-7.5;
(3) the period for which the person will be required to register as
a sex or violent offender in Indiana; and
(4) any other matter required by law to make a registration
determination.
(c) After the department has made a determination under subsection
(b), the department shall update the sex and violent offender registry
web site and transmit the department's determination to the local law
enforcement authority having jurisdiction over the county where the
sex or violent offender resides, is employed, and attends school. The
department shall transmit:
(1) the sex or violent offender's name, date of relocation, and new
address (if applicable), the offense or delinquent act committed
by the sex or violent offender, and any other available descriptive
information;
(2) whether the sex or violent offender is a sexually violent
predator;
(3) the period for which the sex or violent offender will be
required to register in Indiana; and
(4) anything else required by law to make a registration
determination.
county with felony jurisdiction; and
(2) any conditions established by the sentencing court for the
person.
and payments made under this section and sections 1.1, 1.3, 1.5, 9, and
9.5 of this chapter. For a state fiscal year ending after June 30, 2007, in
addition to the reimbursement received under section 1 of this chapter,
a hospital eligible under this section is entitled to reimbursement in an
amount calculated as follows:
STEP ONE: The office shall identify the total inpatient hospital
services and the total outpatient hospital services reimbursable
under this article and under the state Medicaid plan that were
provided during the state fiscal year for all hospitals described in
subsection (a).
STEP TWO: For the total inpatient hospital services and the total
outpatient hospital services identified in STEP ONE, the office
shall calculate the total payments made under this article and
under the state Medicaid plan to all hospitals described in
subsection (a). A calculation under this STEP excludes a payment
made under the following:
(A) IC 12-15-16.
(B) IC 12-15-17.
(C) IC 12-15-19.
STEP THREE: The office shall calculate, under Medicare
payment principles, a reasonable estimate of the total amount that
would have been paid by the office for the inpatient hospital
services and the outpatient hospital services identified in STEP
ONE.
STEP FOUR: Subtract the amount calculated under STEP TWO
from the amount calculated under STEP THREE.
STEP FIVE: Distribute an amount equal to the amount calculated
under STEP FOUR to the eligible hospitals described in
subsection (a) as follows:
(A) As used in this clause, "Medicaid inpatient days" are the
hospital's in-state paid Medicaid fee for service and risk-based
managed care days for the state fiscal year for which services
are identified under STEP ONE, as determined by the office.
Subject to the availability of funds transferred to the Medicaid
indigent care trust fund under STEP FOUR of
IC 12-16-7.5-4.5(c) and remaining in the Medicaid indigent
care trust fund under IC 12-15-20-2(8)(G) to serve as the
nonfederal share of the payments, the amount calculated under
STEP FOUR for a state fiscal year shall be paid to all hospitals
described in subsection (a). The payments shall be made on a
pro rata basis, based on the hospitals' Medicaid inpatient days
or in accordance with another payment methodology
determined by the office and approved by the Centers for
Medicare and Medicaid Services.
(B) Subject to IC 12-15-20.7, if the entire amount calculated
under STEP FOUR is not distributed following the payments
made under clause (A), the remaining amount shall be paid as
described in clauses (C) and (D) to a hospital that is described
in subsection (a) and that is described as eligible under this
clause. A hospital is eligible for a payment under clause (C)
only if the hospital:
(i) has less than sixty thousand (60,000) Medicaid inpatient
days annually;
(ii) was eligible for Medicaid disproportionate share hospital
payments in the state fiscal year ending June 30, 1998, or
the hospital met the office's Medicaid disproportionate share
payment criteria based upon state fiscal year 1998 data and
received a Medicaid disproportionate share payment for the
state fiscal year ending June 30, 2001; and
(iii) received a Medicaid disproportionate share payment
under IC 12-15-19-2.1 for state fiscal years 2001, 2002,
2003, and 2004.
The payment amount under clause (C) for an eligible hospital
is subject to the availability of the nonfederal share of the
hospital's payment being provided by the hospital or on behalf
of the hospital.
(C) For state fiscal years ending after June 30, 2007, but
before July 1, 2009, payments to eligible hospitals described
in clause (B) shall be made as follows:
(i) The payment to an eligible hospital that merged two (2)
hospitals under a single Medicaid provider number effective
January 1, 2004, shall equal one hundred percent (100%) of
the hospital's hospital-specific limit for the state fiscal year
ending June 30, 2005, when the payment is combined with
any Medicaid disproportionate share payment made under
IC 12-15-19-2.1, Medicaid, and other Medicaid
supplemental payments, paid or to be paid to the hospital for
a state fiscal year.
(ii) The payment to an eligible hospital described in clause
(B) other than a hospital described in item (i) shall equal one
hundred percent (100%) of the hospital's hospital specific
limit for the state fiscal year ending June 30, 2004, when the
payment is combined with any Medicaid disproportionate
share payment made under IC 12-15-19-2.1, Medicaid, and
other Medicaid supplemental payments, paid or to be paid
to the hospital for a state fiscal year.
(D) For state fiscal years beginning after June 30, 2009,
payments to an eligible hospital described in clause (B) shall
be made in a manner determined by the office.
(E) Subject to IC 12-15-20.7, if the entire amount calculated
under STEP FOUR is not distributed following the payments
made under clause (A) and clauses (C) or (D), the remaining
amount may be paid as described in clause (F) to a hospital
described in subsection (a) that is described as eligible under
this clause. A hospital is eligible for a payment for a state
fiscal year under clause (F) if the hospital:
(i) is eligible to receive Medicaid disproportionate share
payments for the state fiscal year for which the Medicaid
disproportionate share payment is attributable under
IC 12-15-19-2.1, for a state fiscal year ending after June 30,
2007; and
(ii) does not receive a payment under clauses (C) or (D) for
the state fiscal year.
A payment to a hospital under this clause is subject to the
availability of nonfederal matching funds.
(F) Payments to eligible hospitals described in clause (E) shall
be made:
(i) to best use federal matching funds available for hospitals
that are eligible for Medicaid disproportionate share
payments under IC 12-15-19-2.1; and
(ii) by using a methodology that allocates available funding
under this clause, Medicaid supplemental payments, and
payments under IC 12-15-19-2.1, in a manner in which all
hospitals eligible under clause (E) receive payments in a
manner that takes into account the situation of eligible
hospitals that have historically qualified for Medicaid
disproportionate share payments and ensures that payments
for eligible hospitals are equitable.
(G) If the Centers for Medicare and Medicaid Services does
not approve the payment methodologies in clauses (A) through
(F), the office may implement alternative payment
methodologies that are eligible for federal financial
participation to implement a program consistent with the
payments for hospitals described in clauses (A) through (F).
(d) A hospital described in subsection (a) may appeal under
IC 4-21.5 the amount determined by the office to be paid to the hospital
under STEP FIVE of subsections (b) or (c). The distribution to other
hospitals under STEP FIVE of subsection (b) or (c) may not be delayed
due to an administrative appeal or judicial review instituted by a
hospital under this subsection. If necessary, the office may make a
partial distribution to the other eligible hospitals under STEP FIVE of
subsection (b) or (c) pending the completion of a hospital's
administrative appeal or judicial review, at which time the remaining
portion of the payments due to the eligible hospitals shall be made. A
partial distribution may be based on estimates and trends calculated by
the office.
Medicaid indigent care trust fund under IC 12-16-7.5-4.5 for the
state fiscal year was less than the total amount of all hospital
payable claims attributed to the county and submitted to the
division during the state fiscal year.
STEP TWO: For each county identified in STEP ONE, calculate
the difference between the amount of funds of the county
transferred to the Medicaid indigent care trust fund under
IC 12-16-7.5-4.5 and the total amount of all hospital payable
claims attributed to the county and submitted to the division
during the state fiscal year.
STEP THREE: Calculate the sum of the amounts calculated for
the counties under STEP TWO.
STEP FOUR: Identify each hospital whose payment under section
9(c) of this chapter was less than the total amount of the hospital's
payable claims under IC 12-16-7.5 submitted by the hospital to
the division during the state fiscal year.
STEP FIVE: Calculate for each hospital identified in STEP FOUR
the difference between the hospital's payment under section 9(c)
of this chapter and the total amount of the hospital's payable
claims under IC 12-16-7.5 submitted by the hospital to the
division during the state fiscal year.
STEP SIX: Calculate the sum of the amounts calculated for each
of the hospitals under STEP FIVE.
STEP SEVEN: For each hospital identified in STEP FOUR,
calculate the hospital's percentage share of the amount calculated
under STEP SIX. Each hospital's percentage share is based on the
amount calculated for the hospital under STEP FIVE calculated
as a percentage of the sum calculated under STEP SIX.
STEP EIGHT: For each hospital identified in STEP FOUR,
multiply the hospital's percentage share calculated under STEP
SEVEN by the sum calculated under STEP THREE. The amount
calculated under this STEP for a hospital may not exceed the
amount by which the hospital's total payable claims under
IC 12-16-7.5 submitted during the state fiscal year exceeded the
amount of the hospital's payment under section 9(c) of this
chapter.
(d) For state fiscal years beginning after June 30, 2007, a hospital
that received a payment determined under STEP EIGHT of subsection
(c) for the state fiscal year ending June 30, 2007, shall be paid an
amount equal to the amount determined for the hospital under STEP
EIGHT of subsection (c) for the state fiscal year ending June 30, 2007.
(e) A hospital's payment under subsection (c) or (d) is in the form
of a Medicaid supplemental payment. The amount of the hospital's
add-on payment is subject to the availability of funding for the
nonfederal share of the payment under subsection (f). The office shall
make the payments under subsection (c) or (d) before December 15
that next succeeds the end of the state fiscal year.
(f) The nonfederal share of a payment to a hospital under subsection
(c) or (d) is derived from funds transferred to the Medicaid indigent
care trust fund under IC 12-16-7.5-4.5 and not expended under section
9 of this chapter.
(g) Except as provided in subsection (h), the office may not make a
payment under this section until the payments due under section 9 of
this chapter for the state fiscal year have been made.
(h) If a hospital appeals a decision by the office regarding the
hospital's payment under section 9 of this chapter, the office may make
payments under this section before all payments due under section 9 of
this chapter are made if:
(1) a delay in one (1) or more payments under section 9 of this
chapter resulted from the appeal; and
(2) the office determines that making payments under this section
while the appeal is pending will not unreasonably affect the
interests of hospitals eligible for a payment under this section.
(i) Any funds transferred to the Medicaid indigent care trust fund
under IC 12-16-7.5-4.5 remaining after payments are made under this
section shall be used as provided in IC 12-15-20-2(8).
(i) (j) For purposes of subsection (c):
(1) "payable claim" has the meaning set forth in
IC 12-16-7.5-2.5(b);
(2) the amount of a payable claim is an amount equal to the
amount the hospital would have received under the state's
fee-for-service Medicaid reimbursement principles for the
hospital care for which the payable claim is submitted under
IC 12-16-7.5 if the individual receiving the hospital care had been
a Medicaid enrollee; and
(3) a payable hospital claim under IC 12-16-7.5 includes a
payable claim under IC 12-16-7.5 for the hospital's care submitted
by an individual or entity other than the hospital, to the extent
permitted under the hospital care for the indigent program.
coverage of an individual for the individual's medical costs under an
individual or a group policy or other obligation, or the medical benefits
paid or claims made under a policy or an obligation, if the office or its
agent does the following:
(1) Requests the information electronically or by United States
mail.
(2) Certifies that the individual is:
(A) a Medicaid applicant or recipient; or
(B) a person who is legally responsible for the applicant or
recipient.
(b) The office may request only the records or information necessary
to determine whether insurance benefits have been or should have been
claimed and paid with respect to items of medical care and services
that were received by a particular individual and for which Medicaid
coverage would otherwise be available.
in the prescribing or dispensing practices designed to improve the
quality of care.
(3) Use of face-to-face discussions between experts in drug
therapy and the prescriber or pharmacist who has been targeted
for educational intervention.
(4) Intensified reviews or monitoring of selected prescribers or
pharmacists.
(5) The creation of an educational program using data provided
through DUR to provide for active and ongoing educational
outreach programs to improve prescribing and dispensing
practices.
(6) The timely evaluation of interventions to determine if the
interventions have improved the quality of care.
(7) The review of case profiles before the conducting of an
intervention.
agent within twenty-four (24) hours.
(c) An entity licensed or registered to provide health insurance
or health care coverage to Indiana residents that refuses an ANSI
X.12 270 message described in subsection (a) that was transmitted
to the entity by the office or its agent is subject to a fine for each
refusal in an amount not to exceed one thousand dollars ($1,000)
for each refusal.
(d) The office may impose the fine described in subsection (c).
Sec. 4. The office, any medical provider wishing to bill Indiana
Medicaid, or any health plan has a cause of action for injunctive
relief against any health plan that fails to comply with this chapter.
A plaintiff seeking relief under this section may recover costs of
litigation, including attorney's fees.
Sec. 5. If the office or its agent furnishes evidence that a health
plan has refused or failed to respond to messages described in
section 3(a) of this chapter transmitted by the office or its agent to
the health plan, the attorney general shall:
(1) subpoena the enrollment data of any entity that refuses or
fails to respond to the messaging described in section 3(a) of
this chapter;
(2) commence a complaint under 42 U.S.C. 1320d-5 for
administrative sanctions under the Health Insurance
Portability and Accountability Act of 1996 (P.L. 104-191); and
(3) commence a prosecution under U.S.C. 1035 or IC 5-11-5.5
of any entity that refuses or fails to respond to the messaging
described under section 3(a) of this chapter.
Sec. 6. (a) If, after the office completes its examination under
section 2 of this chapter, the office determines that the number of
claims determined under section 2(a)(2) of this chapter is at least
one percent (1%) of the number of claims examined under section
2(a)(1) of this chapter, the office shall develop and implement a
procedure to improve the coordination of benefits between:
(1) the Medicaid program; and
(2) entities that provide health coverage to a Medicaid
recipient.
(b) If a procedure is developed and implemented under
subsection (a), the procedure:
(1) must be automated; and
(2) must have the capability to determine whether a Medicaid
claim is eligible for payment by an entity other than the
Medicaid program before the claim is paid under the
Medicaid program.
apply to an accident and sickness insurance policy issued in
Indiana.
(f) The plan may not permit treatment limitations or financial
requirements on the coverage of mental health care services or
substance abuse services if similar limitations or requirements are
not imposed on the coverage of services for other medical or
surgical conditions.
Sec. 5. (a) The office shall provide to an individual who
participates in the plan a list of health care services that qualify as
preventative care services for the age, gender, and preexisting
conditions of the individual. The office shall consult with the
federal Centers for Disease Control and Prevention for a list of
recommended preventative care services.
(b) The plan shall, at no cost to the individual, provide payment
for not more than five hundred dollars ($500) of qualifying
preventative care services per year for an individual who
participates in the plan. Any additional preventative care services
covered under the plan and received by the individual during the
year are subject to the deductible and payment requirements of the
plan.
Sec. 6. The plan has the following per participant coverage
limitations:
(1) An annual individual maximum coverage limitation of
three hundred thousand dollars ($300,000).
(2) A lifetime individual maximum coverage limitation of one
million dollars ($1,000,000).
Sec. 7. The following requirements apply to funds appropriated
by the general assembly to the plan:
(1) At least eighty-five percent (85%) of the funds must be
used to fund payment for health care services.
(2) An amount determined by the office of the secretary to
fund:
(A) administrative costs of; and
(B) any profit made by;
an insurer or a health maintenance organization under a
contract with the office to provide health insurance coverage
under the plan. The amount determined under this
subdivision may not exceed fifteen percent (15%) of the funds.
Sec. 8. The plan is not an entitlement program. The maximum
enrollment of individuals who may participate in the plan is
dependent on funding appropriated for the plan.
Sec. 9. (a) An individual is eligible for participation in the plan
if the individual meets the following requirements:
(1) The individual is at least eighteen (18) years of age and less
than sixty-five (65) years of age.
(2) The individual is a United States citizen and has been a
resident of Indiana for at least twelve (12) months.
(3) The individual has an annual household income of not
more than two hundred percent (200%) of the federal income
poverty level.
(4) The individual is not eligible for health insurance coverage
through the individual's employer.
(5) The individual has not had health insurance coverage for
at least six (6) months.
(b) The following individuals are not eligible for the plan:
(1) An individual who participates in the federal Medicare
program (42 U.S.C. 1395 et seq.).
(2) A pregnant woman for purposes of pregnancy related
services.
(3) An individual who is eligible for the Medicaid program as
a disabled person.
(c) The eligibility requirements specified in subsection (a) are
subject to approval for federal financial participation by the
United States Department of Health and Human Services.
Sec. 10. (a) An individual who participates in the plan must have
a health care account to which payments may be made for the
individual's participation in the plan only by the following:
(1) The individual.
(2) An employer.
(3) The state.
(b) The minimum funding amount for a health care account is
the amount required under section 11 of this chapter.
(c) An individual's health care account must be used to pay the
individual's deductible for health care services under the plan.
(d) An individual may make payments to the individual's health
care account as follows:
(1) An employer withholding or causing to be withheld from
an employee's wages or salary, after taxes are deducted from
the wages or salary, the individual's contribution under this
chapter and distributed equally throughout the calendar year.
(2) Submission of the individual's contribution under this
chapter to the office to deposit in the individual's health care
account in a manner prescribed by the office.
(3) Another method determined by the office.
annual household income of more than one hundred
twenty-five percent (125%) and not more than one
hundred fifty percent (150%) of the federal income
poverty level.
(iv) Five percent (5%) of the individual's annual
household income per year if the individual has an
annual household income of more than one hundred fifty
percent (150%) and not more than two hundred percent
(200%) of the federal income poverty level.
(c) The state shall contribute the difference to the individual's
account if the individual's payment required under subsection
(b)(2) is less than one thousand one hundred dollars ($1,100).
(d) If an individual's required payment to the plan is not made
within sixty (60) days after the required payment date, the
individual may be terminated from participation in the plan. The
individual must receive written notice before the individual is
terminated from the plan.
(e) After termination from the plan under subsection (d), the
individual may not reapply to participate in the plan for twelve
(12) months.
Sec. 12. (a) An individual who is approved to participate in the
plan is eligible for a twelve (12) month plan period. An individual
who participates in the plan may not be refused renewal of
participation in the plan for the sole reason that the plan has
reached the plan's maximum enrollment.
(b) If the individual chooses to renew participation in the plan,
the individual shall complete a renewal application and any
necessary documentation, and submit to the office the
documentation and application on a form prescribed by the office.
(c) If the individual chooses not to renew participation in the
plan, the individual may not reapply to participate in the plan for
at least twelve (12) months.
(d) Any funds remaining in the health care account of an
individual who renews participation in the plan at the end of the
individual's twelve (12) month plan period must be used to reduce
the individual's payments for the subsequent plan period.
However, if the individual did not, during the plan period, receive
all qualified preventative services recommended as provided in
section 5 of this chapter, the state's contribution to the health care
account may not be used to reduce the individual's payments for
the subsequent plan period.
(e) If an individual is no longer eligible for the plan, does not
renew participation in the plan at the end of the plan period, or is
terminated from the plan for nonpayment of a required payment,
the office shall, not more than sixty (60) days after the last date of
participation in the plan, refund to the individual the amount
determined under subsection (f) of any funds remaining in the
individual's health care account as follows:
(1) An individual who is no longer eligible for the plan or does
not renew participation in the plan at the end of the plan
period shall receive the amount determined under STEP
FOUR of subsection (f).
(2) An individual who is terminated from the plan due to
nonpayment of a required payment shall receive the amount
determined under STEP FIVE of subsection (f).
(f) The office shall determine the amount payable to an
individual described in subsection (e) as follows:
STEP ONE: Determine the total amount paid into the
individual's health care account under section 10(d) of this
chapter.
STEP TWO: Determine the total amount paid into the
individual's health care account from all sources.
STEP THREE: Divide STEP ONE by STEP TWO.
STEP FOUR: Multiply the ratio determined in STEP THREE
by the total amount remaining in the individual's health care
account.
STEP FIVE: Multiply the amount determined under STEP
FOUR by seventy-five hundredths (0.75).
Sec. 13. Subject to appeal to the office, an individual may be
held responsible under the plan for receiving nonemergency
services in an emergency room setting, including prohibiting the
individual from using funds in the individual's health care account
to pay for the nonemergency services. However, an individual may
not be prohibited from using funds in the individual's health care
account to pay for nonemergency services provided in an
emergency room setting for a medical condition that arises
suddenly and unexpectedly and manifests itself by acute symptoms
of such severity, including severe pain, that the absence of
immediate medical attention could reasonably be expected by a
prudent layperson who possesses an average knowledge of health
and medicine to:
(1) place an individual's health in serious jeopardy;
(2) result in serious impairment to the individual's bodily
functions; or
organization that contracts with the office to provide health
insurance coverage under the plan shall offer to provide the same
health insurance coverage to an individual who:
(1) has not had health insurance coverage during the previous
six (6) months; and
(2) does not meet the eligibility requirements specified in
section 9 of this chapter for participation in the plan.
(b) An insurer, a health maintenance organization, or an
affiliate described in subsection (a) may apply to health insurance
coverage offered under subsection (a) the insurer's, health
maintenance organization's, or affiliate's standard individual or
small group insurance underwriting and rating practices.
(c) The state does not provide funding for health insurance
coverage received under this section.
Sec. 17. (a) The Indiana check-up plan trust fund is established
for the following purposes:
(1) Administering a plan created by the general assembly to
provide health insurance coverage for low income residents of
Indiana under this chapter.
(2) Providing copayments, preventative care services, and
premiums for individuals enrolled in the plan.
(3) Funding tobacco use prevention and cessation programs,
childhood immunization programs, and other health care
initiatives designed to promote the general health and well
being of Indiana residents.
The fund is separate from the state general fund.
(b) The fund shall be administered by the office of the secretary
of family and social services.
(c) The expenses of administering the fund shall be paid from
money in the fund.
(d) The fund shall consist of the following:
(1) Cigarette tax revenues designated by the general assembly
to be part of the fund.
(2) Other funds designated by the general assembly to be part
of the fund.
(3) Federal funds available for the purposes of the fund.
(4) Gifts or donations to the fund.
(e) 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.
(f) Money must be appropriated before funds are available for
use.
employer but cannot afford the health insurance coverage
premiums.
(b) A program established under this section must:
(1) contain eligibility requirements that are similar to the
eligibility requirements of the plan;
(2) include a health care account as a component; and
(3) provide that an individual's payment:
(A) to a health care account; or
(B) for a health insurance coverage premium;
may not exceed five percent (5%) of the individual's annual
income.
Sec. 21. A denial of federal approval and federal financial
participation that applies to any part of this chapter does not
prohibit the office from implementing any other part of this
chapter that:
(1) is federally approved for federal financial participation; or
(2) does not require federal approval or federal financial
participation.
established by subsection (c) that is not currently needed to meet the
obligations of the trust fund in the same manner as other public trust
funds may be invested. The treasurer of state shall deposit in the trust
fund the interest that accrues from the investment of the trust fund.
(f) Money in the trust fund at the end of a state fiscal year does not
revert to the state general fund.
(g) Nothing in this section may be construed to authorize violation
of the confidentiality of information requirements of 16 U.S.C. 470(w)
16 U.S.C. 470w-3 and 16 U.S.C. 470(h)(h). 16 U.S.C. 470hh.
(h) The division may record in each county recorder's office the
location of each cemetery and burial ground located in that county.
defined in IC 5-3-1-0.7) or additional newspapers to provide
supplementary notification to the public. The cost of publishing
supplementary notification is a proper expenditure of the department.
(g) A notice required to be mailed or published under this section
must:
(1) identify the person making the request;
(2) include a brief description of:
(A) the nature of the pending request; and
(B) the process by which the commission will determine
whether to enter into a contract with the person making the
request; and
(3) set forth the date, time, and location of the public meeting
required under subsection (h); and
(4) in the case of a notice that is required to be mailed under
subsection (c)(1) or (d), a statement of the recipient's duty to in
turn provide notice to any:
(A) water utility; or
(B) other person;
that purchases water for resale from the recipient, in accordance
with subsection (d).
(h) The advisory council established by IC 14-9-6-1 shall hold a
public meeting in each county in which notice is published under
subsection (f). A public meeting required under this subsection must
include the following:
(1) A presentation by the department describing:
(A) the nature of the pending request; and
(B) the process by which the commission will determine
whether to enter into a contract with the person making the
request.
(2) An opportunity for public comment on the pending request.
The advisory council may appoint a hearing officer to assist with a
public meeting held under this subsection.
(i) Not later than thirty (30) days after a public meeting is held
under subsection (h), the advisory council shall submit to the
commission a report summarizing the public meeting.
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 97. "Division" means the following:
(1) For purposes of IC 16-21-8, the meaning set forth in
IC 16-21-8-0.1.
(2) For purposes of IC 16-22-8, the meaning set forth in
IC 16-22-8-3.
(3) For purposes of IC 16-27, a group of individuals under the
supervision of the director within the state department assigned
the responsibility of implementing IC 16-27.
(4) For purposes of IC 16-28, a group of individuals under the
supervision of the director within the state department assigned
the responsibility of implementing IC 16-28.
(5) For purposes of IC 16-41-40, the meaning set forth in
IC 16-41-40-1. division of family resources established by
IC 12-13-1-1.
PASSAGE]: Sec. 34. (a) The board or corporation may do all acts
necessary or reasonably incident to carrying out the purposes of this
chapter, including the following:
(1) As a municipal corporation, sue and be sued in any court with
jurisdiction.
(2) To serve as the exclusive local board of health and local
department of health within the county with the powers and duties
conferred by law upon local boards of health and local
departments of health.
(3) To adopt and enforce ordinances consistent with Indiana law
and administrative rules for the following purposes:
(A) To protect property owned or managed by the corporation.
(B) To determine, prevent, and abate public health nuisances.
(C) To establish isolation and quarantine regulations impose
restrictions on persons having infectious or contagious
diseases and contacts of the persons, and regulate the
disinfection of premises. in accordance with IC 16-41-9.
(D) To license, regulate, and establish minimum sanitary
standards for the operation of a business handling, producing,
processing, preparing, manufacturing, packing, storing,
selling, distributing, or transporting articles used for food,
drink, confectionery, or condiment in the interest of the public
health.
(E) To control:
(i) rodents, mosquitos, and other animals, including insects,
capable of transmitting microorganisms and disease to
humans and other animals; and
(ii) the animals' breeding places.
(F) To require persons to connect to available sewer systems
and to regulate the disposal of domestic or sanitary sewage by
private methods. However, the board and corporation have no
jurisdiction over publicly owned or financed sewer systems or
sanitation and disposal plants.
(G) To control rabies.
(H) For the sanitary regulation of water supplies for domestic
use.
(I) To protect, promote, or improve public health. For public
health activities and to enforce public health laws, the state
health data center described in IC 16-19-10 shall provide
health data, medical information, and epidemiological
information to the corporation.
(J) To detect, report, prevent, and control disease affecting
public health.
(K) To investigate and diagnose health problems and health
hazards.
(L) To regulate the sanitary and structural conditions of
residential and nonresidential buildings and unsafe premises.
(M) To regulate the remediation of lead hazards.
(M) (N) To license and regulate the design, construction, and
operation of public pools, spas, and beaches.
(N) (O) To regulate the storage, containment, handling, use,
and disposal of hazardous materials.
(O) (P) To license and regulate tattoo parlors and body
piercing facilities.
(Q) To regulate the storage and disposal of waste tires.
(4) To manage the corporation's hospitals, medical facilities, and
mental health facilities.
(5) To furnish provide school based health and nursing services.
to elementary and secondary schools within the county.
(6) To furnish medical care to the indigent within insured and
uninsured residents of the county. unless medical care is
furnished to the indigent by the division of family resources.
(7) To furnish dental services to the insured and uninsured
residents of the county, including the services as provided in
subsection (c) until the expiration of subsection (c).
(7) (8) To determine the establish public health policies and
programs. to be carried out and administered by the corporation.
(8) (9) To adopt an annual budget ordinance and levy taxes.
(9) (10) To incur indebtedness in the name of the corporation.
(10) (11) To organize the personnel and functions of the
corporation into divisions. and subdivisions to carry out the
corporation's powers and duties and to consolidate, divide, or
abolish the divisions and subdivisions.
(11) (12) To acquire and dispose of property.
(12) (13) To receive charitable contributions and gifts as provided
in 26 U.S.C. 170.
(13) (14) To make charitable contributions and gifts.
(14) (15) To establish a charitable foundation as provided in 26
U.S.C. 501.
(15) (16) To receive and distribute federal, state, local, or private
grants.
(16) (17) To receive and distribute grants from charitable
foundations.
(17) (18) To establish nonprofit corporations and enter into
partnerships and joint ventures to carry out the purposes of the
corporation. This subdivision does not authorize the merger of the
corporation with a hospital licensed under IC 16-21.
(18) (19) To erect, improve, remodel, or repair corporation
buildings. or structures or improvements to existing buildings or
structures.
(19) (20) To determine matters of policy regarding internal
organization and operating procedures.
(20) (21) To do the following:
(A) Adopt a schedule of reasonable charges for nonresidents
of the county for medical and mental health services.
(B) Collect the charges from the patient, the patient's
insurance company, or from the governmental unit where the
patient resided at the time of the service. a government
program.
(C) Require security for the payment of the charges.
(21) (22) To adopt a schedule of and to collect reasonable charges
for patients able to pay in full or in part. medical and mental
health services.
(22) (23) To enforce Indiana laws, administrative rules,
ordinances, and the code of the health and hospital corporation of
the county.
(23) (24) To purchase supplies, materials, and equipment. for the
corporation.
(24) (25) To employ personnel and establish personnel policies.
to carry out the duties, functions, and powers of the corporation.
(25) (26) To employ attorneys admitted to practice law in Indiana.
(26) (27) To acquire, erect, equip, and operate the corporation's
hospitals, medical facilities, and mental health facilities.
(27) (28) To dispose of surplus property in accordance with a
policy by the board.
(28) (29) To determine the duties of officers and division
directors.
(29) (30) To fix the compensation of the officers and division
directors.
(30) (31) To carry out the purposes and object of the corporation.
(31) (32) To obtain loans for hospital expenses in amounts and
upon terms agreeable to the board. The board may secure the
loans by pledging accounts receivable or other security in hospital
funds.
(32) (33) To establish fees for licenses, services, and records. The
corporation may accept payment by credit card for fees.
IC 5-14-3-8(d) does not apply to fees established under this
subdivision for certificates of birth, death, or stillbirth
registration.
(33) (34) To use levied taxes or other funds to make
intergovernmental transfers to the state to fund governmental
health care programs, including Medicaid and Medicaid
supplemental programs.
(b) The board shall exercise the board's powers and duties in a
manner consistent with Indiana law, administrative rules, and the code
of the health and hospital corporation of the county.
(c) After a dentist licensed under IC 25-14 who is employed by a
local health department or the health and hospital corporation
examines a child enrolled in any grade up to and including grade 12
and prescribes a treatment plan in writing for the child, a licensed
dental hygienist employed by the local health department or the health
and hospital corporation may, without supervision by the dentist,
provide the child with the following treatment in accordance with the
treatment plan:
(1) Prophylaxis.
(2) Fluoride application.
(3) Sealants.
However, the treatment must be completed not more than ninety (90)
days after the dentist prescribes the treatment plan. This subsection
expires June 30, 2009.
death, or stillbirth registration. IC 5-14-3-8(d) does not apply to the
health department making a charge for a certificate of birth, death, or
stillbirth registration under IC 16-20-1-27.
(b) If the local department of health makes a charge for a certificate
of death under subsection (a), a one dollar ($1) the coroners continuing
education fee described in subsection (d) must be added to the rate
established under IC 16-20-1-27. The local department of health shall
deposit any coroners continuing education fees with the county auditor
within thirty (30) days after collection. The county auditor shall
transfer semiannually any coroners continuing education fees to the
treasurer of state.
(c) Notwithstanding IC 16-20-1-27, a charge may not be made for
furnishing a certificate of birth, death, or stillbirth registration to a
person or to a member of the family of a person who needs the
certificate for one (1) of the following purposes:
(1) To establish the person's age or the dependency of a member
of the person's family in connection with:
(A) the person's service in the armed forces of the United
States; or
(B) a death pension or disability pension of a person who is
serving or has served in the armed forces of the United States.
(2) To establish or to verify the age of a child in school who
desires to secure a work permit.
(d) The coroners continuing education fee is:
(1) one dollar and seventy-five cents ($1.75) after June 30, 2007,
and before July 1, 2013;
(2) two dollars ($2) after June 30, 2013, and before July 1, 2018;
(3) two dollars and twenty-five cents ($2.25) after June 30, 2018,
and before July 1, 2023;
(4) two dollars and fifty cents ($2.50) after June 30, 2023, and
before July 1, 2028;
(5) two dollars and seventy-five cents ($2.75) after June 30, 2028,
and before July 1, 2033;
(6) three dollars ($3) after June 30, 2033, and before July 1,
2038;
(7) three dollars and twenty-five cents ($3.25) after June 30,
2038, and before July 1, 2043; and
(8) three dollars and fifty cents ($3.50) after June 30, 2043.
evidence in an administrative or a judicial proceeding:
(1) oral or written information or reports given to the agency; and
(2) proceedings, records, deliberations, and findings of the
agency;
that are generated, undertaken, or performed as a result of a report
described in section 5 of this chapter or under the agreement described
in section 4(a) of this chapter are confidential and privileged from
use as evidence in an administrative or judicial proceeding.
(b) Neither the personnel of the agency nor any participant or
witness in an agency proceeding or deliberation may disclose to a
person outside of the agency the contents of:
(1) communications to the agency;
(2) agency records; or
(3) agency findings;
that are generated, undertaken, or performed as a result of a report
described in section 5 of this chapter or under the agreement described
in section 4(a) of this chapter.
(c) Information that is otherwise discoverable or admissible from
original sources is not immune from discovery or use in any proceeding
merely because it was presented during proceedings or deliberations of
the agency. Neither the personnel of the agency nor any participant or
witness in any agency proceeding or deliberation may be prevented
from testifying:
(1) as to matters within the individual's own knowledge; and
(2) in accordance with the other provisions of this chapter.
However, a witness cannot be questioned about testimony on other
matters before the agency or about opinions formed by the witness as
a result of the agency's proceedings or deliberations.
(d) The agency may disclose information concerning patient safety
or quality of health care matters addressed in the agreement described
in section 4(a) of this chapter, including information reported to the
agency by a health care facility, a health care professional, or an
individual, if the information does not disclose any of the following:
(1) The identity of the health care facility, health care provider, or
patient.
(2) The identity of a person that provided information to the
agency.
(3) Information that could reasonably be expected to result in the
identification of a health care facility, health care provider,
patient, or person that has provided information to the agency.
(e) Information or material that is confidential and privileged under
this section may be used as evidence in a criminal proceeding only if
the court first makes an in camera determination that the information:
(1) is relevant to the criminal proceeding;
(2) is material to the proceeding; and
(3) is not reasonably available from another source.
licensed, certified, or registered in Indiana to provide health
care services.
(4) The types of:
(A) health care services that the health care entity will
perform;
(B) health care tests that the health care entity will
perform; and
(C) equipment that the health care entity will use.
(5) The manner in which test results and recommendations
for health care based on the test results will be disclosed to
patients.
(6) The health care entity's name, address, and telephone
number and the name of any company that is affiliated with
the health care entity.
Sec. 6. A registered health care entity that is issued a certificate
of registration under this chapter shall display the certificate of
registration in a conspicuous place in sight of a consumer of the
health care entity.
Sec. 7. A certificate of registration issued under this chapter
expires one (1) calendar year after its issuance.
Sec. 8. A health care entity may not provide services in Indiana
until the health care entity is registered with the state department
under this chapter.
Sec. 9. The registration of a health care entity under this
chapter does not exempt:
(1) a health care professional from the licensure, certification,
and registration requirements of IC 25; or
(2) a health care service from the regulation requirements of
IC 16 or IC 25.
Sec. 10. The state department shall adopt rules under IC 4-22-2
necessary to implement this chapter, including rules specifying
registration renewal procedures.
to fund research on spinal cord and brain injuries.
(b) The fund shall be administered by the state department.
(c) The fund consists of:
(1) appropriations;
(2) gifts and bequests;
(3) fees deposited in the fund under IC 9-29-5-2; and
(4) grants received from the federal government or private
sources.
(d) The expenses of administering the fund shall be paid from
money in the fund.
(e) 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.
(f) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
(g) The money in the fund is continually appropriated to the
state department to fund spinal cord and brain injury research
programs.
Sec. 4. The fund is to be used for the following purposes:
(1) Establishing and maintaining a state medical surveillance
registry for traumatic spinal cord and brain injuries.
(2) Fulfilling the duties of the board established by section 5
of this chapter.
(3) Funding research related to the treatment and cure of
spinal cord and brain injuries, including acute management,
medical complications, rehabilitative techniques, and
neuronal recovery. Research must be conducted in
compliance with all state and federal laws.
Sec. 5. (a) The spinal cord and brain injury research board is
established for the purpose of administering the fund. The board
is composed of nine (9) members.
(b) The following four (4) members of the board shall be
appointed by the governor:
(1) One (1) member who has a spinal cord or head injury or
who has a family member with a spinal cord or head injury.
(2) One (1) member who is a physician licensed under
IC 25-22.5 who has specialty training in neuroscience and
surgery.
(3) One (1) member who is a physiatrist holding a board
certification from the American Board of Physical Medicine
and Rehabilitation.
(4) One (1) member representing the technical life sciences
industry.
(c) Five (5) members of the board shall be appointed as follows:
(1) One (1) member representing Indiana University to be
appointed by Indiana University.
(2) One (1) member representing Purdue University to be
appointed by Purdue University.
(3) One (1) member representing the National Spinal Cord
Injury Association to be appointed by the National Spinal
Cord Injury Association.
(4) One (1) member representing the largest freestanding
rehabilitation hospital for brain and spinal cord injuries in
Indiana to be appointed by the Rehabilitation Hospital of
Indiana located in Indianapolis.
(5) One (1) member representing the American Brain Injury
Association to be appointed by the Brain Injury Association
of Indiana.
(d) The term of a member is four (4) years. A member serves
until a successor is appointed and qualified. If a vacancy occurs on
the board before the end of a member's term, the appointing
authority appointing the vacating member shall appoint an
individual to serve the remainder of the vacating member's term.
(e) A majority of the members appointed to the board
constitutes a quorum. The affirmative votes of a majority of the
members are required for the board to take action on any measure.
(f) Each member of the board is entitled to the minimum salary
per diem provided by IC 4-10-11-2.1(b). The member is also
entitled to reimbursement for traveling expenses as provided under
IC 4-13-1-4 and other expenses actually incurred in connection
with the member's duties as provided in the state policies and
procedures established by the Indiana department of
administration and approved by the budget agency.
(g) The board shall annually elect a chairperson who shall be the
presiding officer of the board. The board may establish other
officers and procedures as the board determines necessary.
(h) The board shall meet at least two (2) times each year. The
chairperson may call additional meetings.
(i) The state department shall provide staff for the board. The
state department shall maintain a registry of the members of the
board. An appointing authority shall provide written confirmation
of an appointment to the board to the state department in the form
and manner specified by the state department.
(j) The board shall do the following:
(1) Consider policy matters relating to spinal cord and brain
injury research projects and programs under this chapter.
(2) Consider research applications and make grants for
approved research projects under this chapter.
(3) Formulate policies and procedures concerning the
operation of the board.
(4) Review and authorize spinal cord and brain injury
research projects and programs to be financed under this
chapter. For purposes of this subdivision, the board may
establish an independent scientific advisory panel composed
of scientists and clinicians who are not members of the board
to review proposals submitted to the board and make
recommendations to the board. Collaborations are
encouraged with other Indiana-based researchers as well as
researchers located outside Indiana, including researchers in
other countries.
(5) Review and approve progress and final research reports
on projects authorized under this chapter.
(6) Review and make recommendations concerning the
expenditure of money from the fund.
(7) Take other action necessary for the purpose stated in
subsection (a).
(8) Provide to the governor, the general assembly, and the
legislative council an annual report not later than January 30
of each year showing the status of funds appropriated under
this chapter. The report to the general assembly and the
legislative council must be in an electronic format under
IC 5-14-6.
(k) A member of the board is exempt from civil liability arising
or thought to arise from an action taken in good faith as a member
of the board.
Sec. 6. The state department shall adopt rules under IC 4-22-2
to implement this chapter.
SECTION 1, AND AS AMENDED BY P.L.234-2007, SECTION 91,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 8. The report must include the
following information:
(1) Student enrollment.
(2) Graduation rate (as defined in IC 20-26-13-6).
(3) Attendance rate.
(4) The following test scores, including the number and
percentage of students meeting academic standards:
(A) ISTEP program test scores.
(B) Scores for assessments under IC 20-32-5-21, if
appropriate.
(C) For a freeway school, scores on a locally adopted
assessment program, if appropriate.
(5) Average class size.
(6) The number and percentage of students in the following
groups or programs:
(A) Alternative education, if offered.
(B) Vocational Career and technical education.
(C) Special education.
(D) Gifted or talented, education, if offered.
(D) High ability.
(E) Remediation.
(F) Limited English language proficiency.
(G) Students receiving free or reduced price lunch under the
national school lunch program.
(H) School flex program, if offered.
(7) Advanced placement, including the following:
(A) For advanced placement tests, the percentage of students:
(i) scoring three (3), four (4), and five (5); and
(ii) taking the test.
(B) For the Scholastic Aptitude Test:
(i) test scores for all students taking the test;
(ii) test scores for students completing the academic honors
diploma program; and
(iii) the percentage of students taking the test.
(8) Course completion, including the number and percentage of
students completing the following programs:
(A) Academic honors diploma.
(B) Core 40 curriculum.
(C) Vocational Career and technical programs.
(9) The percentage of grade 8 students enrolled in algebra I.
[EFFECTIVE UPON PASSAGE]: Sec. 6. (a) The educational
technology program and fund is established to provide and extend
educational technologies to elementary and secondary schools for:
(1) the 4R's technology grant program to assist school
corporations (on behalf of public schools) in purchasing
technology equipment:
(A) for kindergarten and grade 1 students, to learn reading,
writing, and arithmetic using technology;
(B) for students in all grades, to understand that technology is
a tool for learning; and
(C) for students in kindergarten through grade 3 who have
been identified as needing remediation, to offer daily
remediation opportunities using technology to prevent those
students from failing to make appropriate progress at the
particular grade level;
(2) providing educational technologies, including computers in
the homes of students;
(3) conducting educational technology training for teachers; and
(4) other innovative educational technology programs.
(b) The department may also use money in the fund under contracts
entered into with the office of technology established by IC 4-13.1-2-1
to study the feasibility of establishing an information
telecommunications gateway that provides access to information on
employment opportunities, career development, and instructional
services from data bases operated by the state among the following:
(1) Elementary and secondary schools.
(2) Postsecondary educational institutions. of higher learning.
(3) Vocational Career and technical educational centers and
institutions that are not postsecondary educational institutions.
(4) Libraries.
(5) Any other agencies offering education and training programs.
(c) The fund consists of:
(1) state appropriations;
(2) private donations to the fund;
(3) money directed to the fund from the corporation for
educational technology under IC 20-20-15; or
(4) any combination of the amounts described in subdivisions (1)
through (3).
(d) The program and fund shall be administered by the department.
(e) Unexpended money appropriated to or otherwise available in the
fund for the department's use in implementing the program under this
chapter at the end of a state fiscal year does not revert to the state
general fund but remains available to the department for use under this
chapter.
(f) Subject to section 7 of this chapter, a school corporation may use
money from the school corporation's capital projects fund as permitted
under IC 20-40-8 for educational technology equipment.
117, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 1. The following is the public
policy of the state:
(1) To provide:
(A) equal;
(B) nonsegregated; and
(C) nondiscriminatory;
educational opportunities and facilities for all, regardless of race,
creed, national origin, color, or sex.
(2) To provide and furnish public schools and common schools
equally open equally to all, and prohibited and denied to none
because of race, creed, color, or national origin.
(3) To reaffirm the principles of:
(A) the Bill of Rights;
(B) civil rights; and
(C) the Constitution of the State of Indiana.
(4) To provide for the state and the citizens of Indiana a uniform
democratic system of public and common school education to the
state and the citizens of Indiana.
(5) To:
(A) abolish;
(B) eliminate; and
(C) prohibit;
segregated and separate schools or school districts on the basis of
race, creed, or color.
(6) To eliminate and prohibit:
(A) segregation;
(B) separation; and
(C) discrimination;
on the basis of race, color, or creed, or color in the public
kindergartens, common schools, public schools. career and
technical education centers or schools, colleges, and universities
of Indiana.
2006 in accordance with this article without a reduction under this
section.
IC 20-35-6-2.
(b) For purposes of a vocational career and technical education
grant, an eligible pupil includes a student enrolled in a charter school.
transition to foundation revenue for a calendar year is equal to the sum
of the following:
(1) The product of:
(A) the school corporation's transition to foundation amount
for the calendar year; multiplied by
(B) the school corporation's:
(i) current ADM, if the current ADM for the school
corporation is less than one hundred (100); and
(ii) current adjusted ADM, if item (i) does not apply.
(2) Either:
(A) the result of:
(i) one hundred dollars ($100) for calendar year 2008 and
one hundred fifty dollars ($150) for calendar year 2009;
multiplied by
(ii) the school corporation's adjusted ADM;
if the school corporation's current ADM is less than three
thousand and six hundred (3,600) and the amount determined
under subdivision (1) is less than the school corporation's
previous year revenue; or
(B) the result of:
(i) one hundred dollars ($100) for calendar year 2008 and
one hundred fifty dollars ($150) for calendar year 2009;
multiplied by
(ii) the school corporation's adjusted ADM;
if clause (A) does not apply and the result of the amount under
subdivision (1) is less than the result of the school
corporation's previous year revenue multiplied by nine
hundred sixty-five thousandths (0.965);
(C) the school corporation's current adjusted ADM multiplied
by the lesser of:
(i) one hundred dollars ($100); or
(ii) the school corporation's STEP TWO amount under
section 6 of this chapter;
if clauses (A) and (B) do not apply, the amount under
subdivision (1) is less than the school corporation's previous
year revenue, and the school corporation's result under STEP
ONE of section 6 of this chapter is greater than zero (0); or
(D) zero (0), if clauses (A), (B), and (C) do not apply. and
(3) This subdivision does not apply to a charter school. Either:
(A) three hundred dollars ($300) multiplied by the school
corporation's current ADM, if the school corporation's current
ADM is less than one thousand seven hundred (1,700) and the
school corporation's complexity index is greater than one and
two-tenths (1.2);
(B) one hundred dollars ($100) multiplied by the school
corporation's current ADM, if the school corporation's current
ADM is less than one thousand seven hundred (1,700) and the
school corporation's complexity index is greater than one and
one-tenth (1.1) and not greater than one and two-tenths (1.2);
or
(C) zero (0), if clauses (A) and (B) do not apply.
the Ivy Tech Community College of Indiana board of trustees; (or
if the name of the state educational institution is changed under
IC 21-22-2-2, the trustees of the state educational institution with
the name designated under IC 21-22-2-2);
(5) in a law applicable to Purdue University, refers to the Purdue
University board of trustees;
(6) in a law applicable to the University of Southern Indiana,
refers to the University of Southern Indiana board of trustees; and
(7) in a law applicable to Vincennes University, refers to the
Vincennes University board of trustees.
agency whose accreditation is accepted as a school
improvement plan under IC 20-31-4-2; or
(B) otherwise qualified under the rules of the commission that
are adopted under IC 21-11-9-4 to include students who are in
grades other than grade 8 as eligible students.
(3) Be eligible for free or reduced priced lunches under the
national school lunch program.
(4) Agree, in writing, together with the student's custodial parents
or guardian, that the student will:
(A) graduate from a secondary school located in Indiana that
meets the admission criteria of an eligible institution;
(B) not illegally use controlled substances (as defined in
IC 35-48-1-9);
(C) not commit a crime or an infraction described in
IC 9-30-5;
(D) not commit any other crime or delinquent act (as described
in IC 31-37-1-2 or IC 31-37-2-2 through IC 31-37-2-5 (or
IC 31-6-4-1(a)(1) through IC 31-6-4-1(a)(5) before their
repeal));
(E) timely apply, when the eligible student is a senior in high
school:
(i) for admission to an eligible institution; and
(ii) for any federal and state student financial assistance
available to the eligible student to attend an eligible
institution; and
(F) achieve a cumulative grade point average upon graduation
of at least 2.0 on a 4.0 grading scale (or its equivalent if
another grading scale is used) for courses taken during grades
9, 10, 11, and 12.
(b) The term includes A student who: is qualified to participate in
the program if the student:
(1) before or during grade 7 or grade 8, is placed by or with the
consent of the department of child services, by a court order, or by
a child placing agency in:
(A) a foster family home;
(B) the home of a relative or other unlicensed caretaker;
(C) a child caring institution; or
(D) a group home;
(2) agrees in writing, together with the student's caseworker (as
defined in IC 31-9-2-11), to the conditions set forth in subsection
(a)(4); and
(3) except as provided in subdivision (2), otherwise meets the
requirements of subsection (a).
SECTION 22, AND AS AMENDED BY P.L.234-2007, SECTION 85,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 8. A regional board shall do the
following:
(1) Make a careful analysis of the educational needs and
opportunities of the region.
(2) Develop and recommend to the state board of trustees a plan
for providing postsecondary:
(A) general education;
(B) liberal arts education; and
(C) occupational and technical education;
programs and appropriate workforce development, assessment,
and training services for the residents of that region.
(3) Develop and recommend a budget for regional programs and
operations.
(4) Identify and recommend alternative methods of acquiring or
securing facilities and equipment necessary for the delivery of
effective regional programs.
(5) Facilitate and develop regional cooperation with employers,
community leaders, economic development efforts, area
vocational career and technical education centers, and other
public and private education and training entities in order to
provide postsecondary general, liberal arts, and occupational and
technical education and training in an efficient and cost effective
manner and to avoid duplication of services.
(6) Determine through evaluation, studies, or assessments the
degree to which the established training needs of the region are
being met.
(7) Make recommendations to the state board of trustees
concerning policies that appear to substantially affect the regional
board's capacity to deliver effective and efficient programming.
conveyance, or disposition of the real property.
expended or advanced for interim financing of the cost of any
revenue producing property before the issuance of revenue
obligations on account of revenue producing property.
(3) Subject to applicable covenants and agreements with the
holders of outstanding obligations, to fund or refund revenue
obligations.
If the board of trustees determines that it would be advantageous to the
state educational institution to exchange funding or refunding
obligations for the revenue obligations being funded or refunded, the
exchange may be made, if the actual interest cost is not increased.
be reviewed and revised periodically by the board of trustees of the
state educational institution to assure that the charges are at all times
nondiscriminatory and reasonable.
employee shall receive, in addition to temporary total disability benefits
not exceeding seventy-eight (78) weeks on account of the injury, a
weekly compensation of sixty percent (60%) of the employee's average
weekly wages, not to exceed one hundred eighty-three dollars ($183)
average weekly wages, for the period stated for the injury.
(d) With respect to injuries in the following schedule occurring on
and after July 1, 1990, and before July 1, 1991, the employee shall
receive, in addition to temporary total disability benefits not exceeding
seventy-eight (78) weeks on account of the injury, a weekly
compensation of sixty percent (60%) of the employee's average weekly
wages, not to exceed two hundred dollars ($200) average weekly
wages, for the period stated for the injury.
(1) Amputation: For the loss by separation of the thumb, sixty
(60) weeks, of the index finger forty (40) weeks, of the second
finger thirty-five (35) weeks, of the third or ring finger thirty (30)
weeks, of the fourth or little finger twenty (20) weeks, of the hand
by separation below the elbow joint two hundred (200) weeks, or
the arm above the elbow two hundred fifty (250) weeks, of the big
toe sixty (60) weeks, of the second toe thirty (30) weeks, of the
third toe twenty (20) weeks, of the fourth toe fifteen (15) weeks,
of the fifth or little toe ten (10) weeks, for loss occurring on and
after April 1, 1959, by separation of the foot below the knee joint,
one hundred seventy-five (175) weeks and of the leg above the
knee joint two hundred twenty-five (225) weeks. The loss of more
than one (1) phalange of a thumb or toes shall be considered as
the loss of the entire thumb or toe. The loss of more than two (2)
phalanges of a finger shall be considered as the loss of the entire
finger. The loss of not more than one (1) phalange of a thumb or
toe shall be considered as the loss of one-half (1/2) of the thumb
or toe and compensation shall be paid for one-half (1/2) of the
period for the loss of the entire thumb or toe. The loss of not more
than one (1) phalange of a finger shall be considered as the loss
of one-third (1/3) of the finger and compensation shall be paid for
one-third (1/3) the period for the loss of the entire finger. The loss
of more than one (1) phalange of the finger but not more than two
(2) phalanges of the finger, shall be considered as the loss of
one-half (1/2) of the finger and compensation shall be paid for
one-half (1/2) of the period for the loss of the entire finger.
(2) For the loss by separation of both hands or both feet or the
total sight of both eyes, or any two (2) such losses in the same
accident, five hundred (500) weeks.
(3) For the permanent and complete loss of vision by enucleation
or its reduction to one-tenth (1/10) of normal vision with glasses,
one hundred seventy-five (175) weeks.
(4) For the permanent and complete loss of hearing in one (1) ear,
seventy-five (75) weeks, and in both ears, two hundred (200)
weeks.
(5) For the loss of one (1) testicle, fifty (50) weeks; for the loss of
both testicles, one hundred fifty (150) weeks.
(e) With respect to injuries in the schedule set forth in subsection
(h) occurring on and after July 1, 1979, and before July 1, 1988, the
employee shall receive, in addition to temporary total disability benefits
not exceeding fifty-two (52) weeks on account of the injury, a weekly
compensation of sixty percent (60%) of the employee's average weekly
wages not to exceed one hundred twenty-five dollars ($125) average
weekly wages for the period stated for the injury.
(f) With respect to injuries in the schedule set forth in subsection (h)
occurring on and after July 1, 1988, and before July 1, 1989, the
employee shall receive, in addition to temporary total disability benefits
not exceeding seventy-eight (78) weeks on account of the injury, a
weekly compensation of sixty percent (60%) of the employee's average
weekly wages, not to exceed one hundred sixty-six dollars ($166)
average weekly wages, for the period stated for the injury.
(g) With respect to injuries in the schedule set forth in subsection
(h) occurring on and after July 1, 1989, and before July 1, 1990, the
employee shall receive, in addition to temporary total disability benefits
not exceeding seventy-eight (78) weeks on account of the injury, a
weekly compensation of sixty percent (60%) of the employee's average
weekly wages, not to exceed one hundred eighty-three dollars ($183)
average weekly wages, for the period stated for the injury.
(h) With respect to injuries in the following schedule occurring on
and after July 1, 1990, and before July 1, 1991, the employee shall
receive, in addition to temporary total disability benefits not exceeding
seventy-eight (78) weeks on account of the injury, a weekly
compensation of sixty percent (60%) of the employee's average weekly
wages, not to exceed two hundred dollars ($200) average weekly
wages, for the period stated for the injury.
(1) Loss of use: The total permanent loss of the use of an arm,
hand, thumb, finger, leg, foot, toe, or phalange shall be considered
as the equivalent of the loss by separation of the arm, hand,
thumb, finger, leg, foot, toe, or phalange, and compensation shall
be paid for the same period as for the loss thereof by separation.
(2) Partial loss of use: For the permanent partial loss of the use of
an arm, hand, thumb, finger, leg, foot, toe, or phalange,
compensation shall be paid for the proportionate loss of the use of
such arm, hand, thumb, finger, leg, foot, toe, or phalange.
(3) For injuries resulting in total permanent disability, five
hundred (500) weeks.
(4) For any permanent reduction of the sight of an eye less than a
total loss as specified in subsection (d)(3), compensation shall be
paid for a period proportionate to the degree of such permanent
reduction without correction or glasses. However, when such
permanent reduction without correction or glasses would result in
one hundred percent (100%) loss of vision, but correction or
glasses would result in restoration of vision, then in such event
compensation shall be paid for fifty percent (50%) of such total
loss of vision without glasses, plus an additional amount equal to
the proportionate amount of such reduction with glasses, not to
exceed an additional fifty percent (50%).
(5) For any permanent reduction of the hearing of one (1) or both
ears, less than the total loss as specified in subsection (d)(4),
compensation shall be paid for a period proportional to the degree
of such permanent reduction.
(6) In all other cases of permanent partial impairment,
compensation proportionate to the degree of such permanent
partial impairment, in the discretion of the worker's compensation
board, not exceeding five hundred (500) weeks.
(7) In all cases of permanent disfigurement which may impair the
future usefulness or opportunities of the employee, compensation,
in the discretion of the worker's compensation board, not
exceeding two hundred (200) weeks, except that no compensation
shall be payable under this subdivision where compensation is
payable elsewhere in this section.
(i) With respect to injuries in the following schedule occurring on
and after July 1, 1991, the employee shall receive in addition to
temporary total disability benefits, not exceeding one hundred
twenty-five (125) weeks on account of the injury, compensation in an
amount determined under the following schedule to be paid weekly at
a rate of sixty-six and two-thirds percent (66 2/3%) of the employee's
average weekly wages during the fifty-two (52) weeks immediately
preceding the week in which the injury occurred.
(1) Amputation: For the loss by separation of the thumb, twelve
(12) degrees of permanent impairment; of the index finger, eight
(8) degrees of permanent impairment; of the second finger, seven
(7) degrees of permanent impairment; of the third or ring finger,
six (6) degrees of permanent impairment; of the fourth or little
finger, four (4) degrees of permanent impairment; of the hand by
separation below the elbow joint, forty (40) degrees of permanent
impairment; of the arm above the elbow, fifty (50) degrees of
permanent impairment; of the big toe, twelve (12) degrees of
permanent impairment; of the second toe, six (6) degrees of
permanent impairment; of the third toe, four (4) degrees of
permanent impairment; of the fourth toe, three (3) degrees of
permanent impairment; of the fifth or little toe, two (2) degrees of
permanent impairment; by separation of the foot below the knee
joint, thirty-five (35) degrees of permanent impairment; and of the
leg above the knee joint, forty-five (45) degrees of permanent
impairment.
(2) Amputations: For the loss by separation of any of the body
parts described in subdivision (1) on or after July 1, 1997, and for
the loss by separation of any of the body parts described in
subdivision (3), (5), or (8), on or after July 1, 1999, the dollar
values per degree applying on the date of the injury as described
in subsection (j) shall be multiplied by two (2). However, the
doubling provision of this subdivision does not apply to a loss of
use that is not a loss by separation.
(3) The loss of more than one (1) phalange of a thumb or toe shall
be considered as the loss of the entire thumb or toe. The loss of
more than two (2) phalanges of a finger shall be considered as the
loss of the entire finger. The loss of not more than one (1)
phalange of a thumb or toe shall be considered as the loss of
one-half (1/2) of the degrees of permanent impairment for the loss
of the entire thumb or toe. The loss of not more than one (1)
phalange of a finger shall be considered as the loss of one-third
(1/3) of the finger and compensation shall be paid for one-third
(1/3) of the degrees payable for the loss of the entire finger. The
loss of more than one (1) phalange of the finger but not more than
two (2) phalanges of the finger shall be considered as the loss of
one-half (1/2) of the finger and compensation shall be paid for
one-half (1/2) of the degrees payable for the loss of the entire
finger.
(4) For the loss by separation of both hands or both feet or the
total sight of both eyes or any two (2) such losses in the same
accident, one hundred (100) degrees of permanent impairment.
(5) For the permanent and complete loss of vision by enucleation,
thirty-five (35) degrees of permanent impairment.
(6) For the reduction of vision to one-tenth (1/10) of normal
vision with glasses, thirty-five (35) degrees of permanent
impairment.
(7) For the permanent and complete loss of hearing in one (1) ear,
fifteen (15) degrees of permanent impairment, and in both ears,
forty (40) degrees of permanent impairment.
(8) For the loss of one (1) testicle, ten (10) degrees of permanent
impairment; for the loss of both testicles, thirty (30) degrees of
permanent impairment.
(9) Loss of use: The total permanent loss of the use of an arm, a
hand, a thumb, a finger, a leg, a foot, a toe, or a phalange shall be
considered as the equivalent of the loss by separation of the arm,
hand, thumb, finger, leg, foot, toe, or phalange, and compensation
shall be paid in the same amount as for the loss by separation.
However, the doubling provision of subdivision (2) does not
apply to a loss of use that is not a loss by separation.
(10) Partial loss of use: For the permanent partial loss of the use
of an arm, a hand, a thumb, a finger, a leg, a foot, a toe, or a
phalange, compensation shall be paid for the proportionate loss of
the use of the arm, hand, thumb, finger, leg, foot, toe, or phalange.
(11) For injuries resulting in total permanent disability, the
amount payable for impairment or five hundred (500) weeks of
compensation, whichever is greater.
(12) For any permanent reduction of the sight of an eye less than
a total loss as specified in subsection (h)(4), the compensation
shall be paid in an amount proportionate to the degree of a
permanent reduction without correction or glasses. However,
when a permanent reduction without correction or glasses would
result in one hundred percent (100%) loss of vision, then
compensation shall be paid for fifty percent (50%) of the total loss
of vision without glasses, plus an additional amount equal to the
proportionate amount of the reduction with glasses, not to exceed
an additional fifty percent (50%).
(13) For any permanent reduction of the hearing of one (1) or both
ears, less than the total loss as specified in subsection (h)(5),
compensation shall be paid in an amount proportionate to the
degree of a permanent reduction.
(14) In all other cases of permanent partial impairment,
compensation proportionate to the degree of a permanent partial
impairment, in the discretion of the worker's compensation board,
not exceeding one hundred (100) degrees of permanent
impairment.
(15) In all cases of permanent disfigurement which may impair
the future usefulness or opportunities of the employee,
compensation, in the discretion of the worker's compensation
board, not exceeding forty (40) degrees of permanent impairment
except that no compensation shall be payable under this
subdivision where compensation is payable elsewhere in this
section.
(j) Compensation for permanent partial impairment shall be paid
according to the degree of permanent impairment for the injury
determined under subsection (i) and the following:
(1) With respect to injuries occurring on and after July 1, 1991,
and before July 1, 1992, for each degree of permanent impairment
from one (1) to thirty-five (35), five hundred dollars ($500) per
degree; for each degree of permanent impairment from thirty-six
(36) to fifty (50), nine hundred dollars ($900) per degree; for each
degree of permanent impairment above fifty (50), one thousand
five hundred dollars ($1,500) per degree.
(2) With respect to injuries occurring on and after July 1, 1992,
and before July 1, 1993, for each degree of permanent impairment
from one (1) to twenty (20), five hundred dollars ($500) per
degree; for each degree of permanent impairment from
twenty-one (21) to thirty-five (35), eight hundred dollars ($800)
per degree; for each degree of permanent impairment from
thirty-six (36) to fifty (50), one thousand three hundred dollars
($1,300) per degree; for each degree of permanent impairment
above fifty (50), one thousand seven hundred dollars ($1,700) per
degree.
(3) With respect to injuries occurring on and after July 1, 1993,
and before July 1, 1997, for each degree of permanent impairment
from one (1) to ten (10), five hundred dollars ($500) per degree;
for each degree of permanent impairment from eleven (11) to
twenty (20), seven hundred dollars ($700) per degree; for each
degree of permanent impairment from twenty-one (21) to
thirty-five (35), one thousand dollars ($1,000) per degree; for
each degree of permanent impairment from thirty-six (36) to fifty
(50), one thousand four hundred dollars ($1,400) per degree; for
each degree of permanent impairment above fifty (50), one
thousand seven hundred dollars ($1,700) per degree.
(4) With respect to injuries occurring on and after July 1, 1997,
and before July 1, 1998, for each degree of permanent impairment
from one (1) to ten (10), seven hundred fifty dollars ($750) per
degree; for each degree of permanent impairment from eleven
(11) to thirty-five (35), one thousand dollars ($1,000) per degree;
for each degree of permanent impairment from thirty-six (36) to
fifty (50), one thousand four hundred dollars ($1,400) per degree;
for each degree of permanent impairment above fifty (50), one
thousand seven hundred dollars ($1,700) per degree.
(5) With respect to injuries occurring on and after July 1, 1998,
and before July 1, 1999, for each degree of permanent impairment
from one (1) to ten (10), seven hundred fifty dollars ($750) per
degree; for each degree of permanent impairment from eleven
(11) to thirty-five (35), one thousand dollars ($1,000) per degree;
for each degree of permanent impairment from thirty-six (36) to
fifty (50), one thousand four hundred dollars ($1,400) per degree;
for each degree of permanent impairment above fifty (50), one
thousand seven hundred dollars ($1,700) per degree.
(6) With respect to injuries occurring on and after July 1, 1999,
and before July 1, 2000, for each degree of permanent impairment
from one (1) to ten (10), nine hundred dollars ($900) per degree;
for each degree of permanent impairment from eleven (11) to
thirty-five (35), one thousand one hundred dollars ($1,100) per
degree; for each degree of permanent impairment from thirty-six
(36) to fifty (50), one thousand six hundred dollars ($1,600) per
degree; for each degree of permanent impairment above fifty (50),
two thousand dollars ($2,000) per degree.
(7) With respect to injuries occurring on and after July 1, 2000,
and before July 1, 2001, for each degree of permanent impairment
from one (1) to ten (10), one thousand one hundred dollars
($1,100) per degree; for each degree of permanent impairment
from eleven (11) to thirty-five (35), one thousand three hundred
dollars ($1,300) per degree; for each degree of permanent
impairment from thirty-six (36) to fifty (50), two thousand dollars
($2,000) per degree; for each degree of permanent impairment
above fifty (50), two thousand five hundred fifty dollars ($2,500)
per degree.
(8) With respect to injuries occurring on and after July 1, 2001,
and before July 1, 2007, for each degree of permanent impairment
from one (1) to ten (10), one thousand three hundred dollars
($1,300) per degree; for each degree of permanent impairment
from eleven (11) to thirty-five (35), one thousand five hundred
dollars ($1,500) per degree; for each degree of permanent
impairment from thirty-six (36) to fifty (50), two thousand four
hundred dollars ($2,400) per degree; for each degree of
permanent impairment above fifty (50), three thousand dollars
($3,000) per degree.
(9) With respect to injuries occurring on and after July 1, 2007,
and before July 1, 2008, for each degree of permanent impairment
from one (1) to ten (10), one thousand three hundred forty dollars
($1,340) per degree; for each degree of permanent impairment
from eleven (11) to thirty-five (35), one thousand five hundred
forty-five dollars ($1,545) per degree; for each degree of
permanent impairment from thirty-six (36) to fifty (50), two
thousand four hundred seventy-five dollars ($2,475) per degree;
for each degree of permanent impairment above fifty (50), three
thousand one hundred fifty dollars ($3,150) per degree.
(10) With respect to injuries occurring on and after July 1, 2008,
and before July 1, 2009, for each degree of permanent impairment
from one (1) to ten (10), one thousand three hundred sixty-five
dollars ($1,365) per degree; for each degree of permanent
impairment from eleven (11) to thirty-five (35), one thousand five
hundred seventy dollars ($1,570) per degree; for each degree of
permanent impairment from thirty-six (36) to fifty (50), two
thousand five hundred twenty-five dollars ($2,525) per degree; for
each degree of permanent impairment above fifty (50), three
thousand two hundred dollars ($3,200) per degree.
(11) With respect to injuries occurring on and after July 1, 2009,
and before July 1, 2010, for each degree of permanent impairment
from one (1) to ten (10), one thousand three hundred eighty
dollars ($1,380) per degree; for each degree of permanent
impairment from eleven (11) to thirty-five (35), one thousand five
hundred eighty-five dollars ($1,585) per degree; for each degree
of permanent impairment from thirty-six (36) to fifty (50), two
thousand six hundred dollars ($2,600) per degree; for each degree
of permanent impairment above fifty (50), three thousand three
hundred dollars ($3,300) per degree.
(12) With respect to injuries occurring on and after July 1, 2010,
for each degree of permanent impairment from one (1) to ten (10),
one thousand four hundred dollars ($1,400) per degree; for each
degree of permanent impairment from eleven (11) to thirty-five
(35), one thousand six hundred dollars ($1,600) per degree; for
each degree of permanent impairment from thirty-six (36) to fifty
(50), two thousand seven hundred dollars ($2,700) per degree; for
each degree of permanent impairment above fifty (50), three
thousand five hundred dollars ($3,500) per degree.
(k) The average weekly wages used in the determination of
compensation for permanent partial impairment under subsections (i)
and (j) shall not exceed the following:
(1) With respect to injuries occurring on or after July 1, 1991, and
before July 1, 1992, four hundred ninety-two dollars ($492).
(2) With respect to injuries occurring on or after July 1, 1992, and
before July 1, 1993, five hundred forty dollars ($540).
(3) With respect to injuries occurring on or after July 1, 1993, and
before July 1, 1994, five hundred ninety-one dollars ($591).
(4) With respect to injuries occurring on or after July 1, 1994, and
before July 1, 1997, six hundred forty-two dollars ($642).
(5) With respect to injuries occurring on or after July 1, 1997, and
before July 1, 1998, six hundred seventy-two dollars ($672).
(6) With respect to injuries occurring on or after July 1, 1998, and
before July 1, 1999, seven hundred two dollars ($702).
(7) With respect to injuries occurring on or after July 1, 1999, and
before July 1, 2000, seven hundred thirty-two dollars ($732).
(8) With respect to injuries occurring on or after July 1, 2000, and
before July 1, 2001, seven hundred sixty-two dollars ($762).
(9) With respect to injuries occurring on or after July 1, 2001, and
before July 1, 2002, eight hundred twenty-two dollars ($822).
(10) With respect to injuries occurring on or after July 1, 2002,
and before July 1, 2006, eight hundred eighty-two dollars ($882).
(11) With respect to injuries occurring on or after July 1, 2006,
and before July 1, 2007, nine hundred dollars ($900).
(12) With respect to injuries occurring on or after July 1, 2007,
and before July 1, 2008, nine hundred thirty dollars ($930).
(11) (13) With respect to injuries occurring on or after July 1,
2008, and before July 1, 2009, nine hundred fifty-four dollars
($954).
(12) (14) With respect to injuries occurring on or after July 1,
2009, nine hundred seventy-five dollars ($975).
expense of medical examinations made and ordered by the board and
chargeable against the fund under this section and shall be paid for that
purpose by the treasurer of state upon award or order of the board.
military leave granted or given to an individual by an employer.
(g) Notwithstanding any other provisions of this article, the term
employment shall also include all services performed by an officer or
member of the crew of an American vessel or American aircraft, on or
in connection with such vessel or such aircraft, provided that the
operating office, from which the operations of such vessel operating on
navigable waters within or the operations of such aircraft within, or the
operation of such vessel or aircraft within and without the United States
are ordinarily and regularly supervised, managed, directed, and
controlled, is within this state.
(h) Services performed for an employer which is subject to
contribution solely by reason of liability for any federal tax against
which credit may be taken for contributions paid into a state
unemployment compensation fund.
(i) The following:
(1) Service performed after December 31, 1971, by an individual
in the employ of this state or any of its instrumentalities (or in the
employ of this state and one (1) or more other states or their
instrumentalities) for a hospital or eligible postsecondary
educational institution located in Indiana. and
(1) (2) Service performed after December 31, 1977, by an
individual in the employ of this state or a political subdivision of
the state or any instrumentality of the state or a political
subdivision, or any instrumentality which is wholly owned by the
state and one (1) or more other states or political subdivisions, if
the service is excluded from "employment" as defined in Section
3306(c)(7) of the Federal Unemployment Tax Act (26 U.S.C.
3306(c)(7)). However, service performed after December 31,
1977, as the following is excluded:
(A) An elected official.
(B) A member of a legislative body or of the judiciary of a
state or political subdivision.
(C) A member of the state national guard or air national guard.
(D) An employee serving on a temporary basis in the case of
fire, snow, storm, earthquake, flood, or similar emergency.
(E) An individual in a position which, under the laws of the
state, is designated as:
(i) a major nontenured policymaking or advisory position; or
(ii) a policymaking or advisory position the performance of
the duties of which ordinarily does not require more than
eight (8) hours per week.
(3) Service performed after March 31, 1981, by an individual
whose service is part of an unemployment work relief or work
training program assisted or financed in whole by any federal
agency or an agency of this state or a political subdivision of this
state, by an individual receiving such work relief or work training
is excluded.
(j) Service performed after December 31, 1971, by an individual in
the employ of a religious, charitable, educational, or other organization,
but only if the following conditions are met:
(1) The service is excluded from "employment" as defined in the
Federal Unemployment Tax Act solely by reason of Section
3306(c)(8) of that act (26 U.S.C. 3306(c)(8)). and
(2) The organization had four (4) or more individuals in
employment for some portion of a day in each of twenty (20)
different weeks, whether or not such weeks were consecutive,
within either the current or preceding calendar year, regardless of
whether they were employed at the same moment of time.
(3) For the purposes of subdivisions (1) and (2), the term
"employment" does not apply to service performed as follows:
(A) In the employ of:
(i) a church or convention or association of churches; or
(ii) an organization which is operated primarily for religious
purposes and which is operated, supervised, controlled, or
principally supported by a church or convention or
association of churches.
(B) By a duly ordained, commissioned, or licensed minister of
a church in the exercise of his ministry or by a member of a
religious order in the exercise of duties required by such order.
(C) Before January 1, 1978, in the employ of a school which
is not an eligible postsecondary educational institution.
(D) In a facility conducted for the purpose of carrying out a
program of rehabilitation for individuals whose earning
capacity is impaired by age or physical or mental deficiency or
injury or providing remunerative work for individuals who
because of their impaired physical or mental capacity cannot
be readily absorbed in the competitive labor market by an
individual receiving such rehabilitation or remunerative work.
(E) As part of an unemployment work relief or work training
program assisted or financed in whole or in part by any federal
agency or an agency of a state or political subdivision thereof,
by an individual receiving such work relief or work training.
(k) The service of an individual who is a citizen of the United
States, performed outside the United States (except in Canada), after
December 31, 1971, in the employ of an American employer (other
than service which is deemed "employment" under the provisions of
subsection (a), (b), or (e) or the parallel provisions of another state's
law), if:
(1) The employer's principal place of business in the United States
is located in this state; or
(2) The employer has no place of business in the United States;
but
(A) The employer is an individual who is a resident of this
state; or
(B) The employer is a corporation which is organized under
the laws of this state; or
(C) The employer is a partnership or a trust and the number of
the partners or trustees who are residents of this state is greater
than the number who are residents of any one (1) other state;
or
(3) None of the criteria of subdivisions (1) and (2) is met but the
employer has elected coverage in this state or, the employer
having failed to elect coverage in any state, the individual has
filed a claim for benefits, based on such service, under the law of
this state.
(4) An "American employer," for purposes of this subsection,
means:
(A) An individual who is a resident of the United States; or
(B) A partnership if two-thirds (2/3) or more of the partners
are residents of the United States; or
(C) A trust, if all of the trustees are residents of the United
States; or
(D) A corporation organized under the laws of the United
States or of any state.
(l)(1) Service performed after December 31, 1977, by an individual
in agricultural labor (as defined in section 3(c) of this chapter) when
the service is performed for an employing unit which:
(A) during any calendar quarter in either the current or
preceding calendar year paid cash remuneration of twenty
thousand dollars ($20,000) or more to individuals employed in
agricultural labor; or
(B) for some portion of a day in each of twenty (20) different
calendar weeks, whether or not the weeks were consecutive, in
either the current or the preceding calendar year, employed in
agricultural labor ten (10) or more individuals, regardless of
whether they were employed at the same time.
next June 30 to an amount which does not exceed the amount by
which:
(A) the aggregate of the amounts credited to the account of
this state pursuant to 42 U.S.C. 1103, as amended, during such
twelve (12) month period and the twenty-four (24) preceding
twelve (12) month periods; exceeds
(B) the aggregate of the amounts obligated by this state
pursuant to this section and amounts paid out for benefits and
charged against the amounts credited to the account of this
state during such twenty-five (25) twelve (12) month periods.
(b) For the purposes of this section, amounts obligated by this state
during any such twelve (12) month period shall be charged against
equivalent amounts which were first credited and which have not
previously been so charged, except that no amount obligated for
administration of this article and public employment offices during any
such twelve (12) month period may be charged against any amount
credited during such twelve (12) month period earlier than the
fourteenth preceding such twelve (12) month period.
(c) Amounts credited to the account of this state pursuant to 42
U.S.C. 1103, as amended, may not be obligated except for the payment
of cash benefits to individuals with respect to their unemployment and
for the payment of expenses incurred for the administration of this
article and public employment offices pursuant to this section.
(d) Money appropriated as provided in this section for the payment
of expenses incurred for the administration of this article and public
employment offices pursuant to this section shall be requisitioned as
needed for payment of obligations incurred under such appropriation
and upon requisition shall be deposited in the employment and training
services administration fund but, until expended, shall remain a part of
the unemployment insurance benefit fund. The commissioner shall
maintain a separate record of the deposit, obligation, expenditure, and
return of funds so deposited. If any money so deposited is for any
reason not to be expended for the purpose for which it was
appropriated, or if it remains unexpended at the end of the period
specified by the statute appropriating such money, it shall be
withdrawn and returned to the Secretary of the Treasury of the United
States for credit to this state's account in the unemployment trust fund.
(e) There is appropriated out of the funds made available to Indiana
under Section 903 of the Social Security Act, as amended by Section
209 of the Temporary Extended Unemployment Compensation Act of
2002 (which is Title II of the federal Jobs Creation and Worker
Assistance Act of 2002, Pub.L107-147), seventy-two million two
hundred thousand dollars ($72,200,000) to the department of workforce
development. The appropriation made by this subsection is available
for ten (10) state fiscal years beginning with the state fiscal year
beginning July 1, 2003. Unencumbered money at the end of a state
fiscal year does not revert to the state general fund.
(f) Money appropriated under subsection (e) is subject to the
requirements of IC 22-4-37-1.
(g) Money appropriated under subsection (e) may be used only for
the following purposes:
(1) The administration of the Unemployment Insurance (UI)
program and the Wagner Peyser public employment office
program.
(2) Acquiring land and erecting buildings for the use of the
department of workforce development.
(3) Improvements, facilities, paving, landscaping, and equipment
repair and maintenance that may be required by the department of
workforce development.
(h) In accordance with the requirements of subsection (g), the
department of workforce development may allocate up to the following
amounts from the amount described in subsection (e) for the following
purposes:
(1) Thirty-nine million two hundred thousand dollars
($39,200,000) to be used for the modernization of the
Unemployment Insurance (UI) system beginning July 1, 2003,
and ending June 30, 2013.
(2) For:
(A) the state fiscal year beginning after June 30, 2003, and
ending before July 1, 2004, five million dollars ($5,000,000);
(B) the state fiscal year beginning after June 30, 2004, and
ending before July 1, 2005, five million dollars ($5,000,000);
(C) the state fiscal year beginning after June 30, 2005, and
ending before July 1, 2006, five million dollars ($5,000,000);
(D) the state fiscal year beginning after June 30, 2006, and
ending before July 1, 2007, five million dollars ($5,000,000);
(E) the state fiscal year beginning after June 30, 2007, and
ending before July 1, 2008, five million dollars ($5,000,000);
and
(F) state fiscal years beginning after June 30, 2008, and ending
before July 1, 2012, the unused part of any amount allocated
in any year for any purpose under this subsection;
for the JOBS proposal to meet the workforce needs of Indiana
employers in high wage, high skill, high demand occupations.
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 6. Each workforce partnership
plan must do the following:
(1) Address the need to maximize:
(A) the use of vocational career and technical education
programs and services; and
(B) the articulation of vocational career and technical
education programs;
between the secondary level and postsecondary level.
(2) Identify vocational career and technical education program
groupings to coordinate vocational career and technical
education programs within a geographic area.
(3) Identify particular certificates of achievement under
IC 20-32-3 and IC 21-43-3 and indicate the circumstances under
which a state educational institution may elect to grant academic
credit to a student who does the following:
(A) Acquires the particular certificate of achievement.
(B) Satisfies the standards for receipt of academic credit as
determined by the state educational institution.
(4) Provide for the use of joint secondary level and postsecondary
level faculty committees to organize vocational career and
technical education program articulation.
(5) Comply with 20 U.S.C. 2301 et seq.
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. (a) After
adopting a plan of merger or share exchange, the board of directors of
each corporation party to the merger, and the board of directors of the
corporation whose shares will be acquired in the share exchange, shall
submit the plan of merger (except as provided in subsection (g)) or
share exchange for approval by its shareholders.
(b) For a plan of merger or share exchange to be approved:
(1) the board of directors must recommend the plan of merger or
share exchange to the shareholders, unless the board of directors
determines that because of conflict of interest or other special
circumstances it should make no recommendation and
communicates the basis for its determination to the shareholders
with the plan; and
(2) the shareholders entitled to vote must approve the plan.
(c) The board of directors may condition its submission of the
proposed merger or share exchange on any basis.
(d) The corporation shall notify each shareholder, whether or not
entitled to vote, of the proposed shareholders' meeting in accordance
with IC 23-1-29-5. The notice must also state that the purpose, or one
(1) of the purposes, of the meeting is to consider the plan of merger or
share exchange and must contain or be accompanied by a copy or
summary of the plan.
(e) Unless this article, the articles of incorporation, or the board of
directors (acting under subsection (c)) require requires a greater vote
or a vote by voting groups, the plan of merger or share exchange to be
authorized must be approved by each voting group entitled to vote
separately on the plan by a majority of all the votes entitled to be cast
on the plan by that voting group.
(f) Separate voting by voting groups is required:
(1) on a plan of merger if the plan contains a provision that, if
contained in a proposed amendment to articles of incorporation,
would require action by one (1) or more separate voting groups on
the proposed amendment under IC 23-1-38-4; or
(2) on a plan of share exchange by each class or series of shares
included in the exchange, with each class or series constituting a
separate voting group.
(g) Action by the shareholders of the surviving corporation on a plan
of merger is not required if:
(1) the articles of incorporation of the surviving corporation will
not differ (except for amendments enumerated in IC 23-1-38-2)
from its articles before the merger;
(2) each shareholder of the surviving corporation whose shares
were outstanding immediately before the effective date of the
merger will hold the same proportionate number of shares relative
to the number of shares held by all such shareholders (except for
shares of the surviving corporation received solely as a result of
the shareholder's proportionate shareholdings in the other
corporations party to the merger), with identical designations,
preferences, limitations, and relative rights, immediately after;
(3) the number of voting shares outstanding immediately after the
merger, plus the number of voting shares issuable as a result of
the merger (either by the conversion of securities issued pursuant
to the merger or the exercise of rights and warrants issued
pursuant to the merger), will not exceed by more than twenty
percent (20%) the total number of voting shares (adjusted to
reflect any forward or reverse share split that occurs under the
plan of merger) of the surviving corporation outstanding
immediately before the merger; and
(4) the number of participating shares outstanding immediately
after the merger, plus the number of participating shares issuable
as a result of the merger (either by the conversion of securities
issued pursuant to the merger or the exercise of rights and
warrants issued pursuant to the merger), will not exceed by more
than twenty percent (20%) the total number of participating
shares (adjusted to reflect any forward or reverse share split that
occurs under the plan of merger) outstanding immediately before
the merger.
(h) As used in subsection (g):
(1) "Participating shares" means shares that entitle their holders
to participate without limitation in distributions.
(2) "Voting shares" means shares that entitle their holders to vote
unconditionally in elections of directors.
(i) After a merger or share exchange is authorized, and at any time
before articles of merger or share exchange are filed, the planned
merger or share exchange may be abandoned (subject to any
contractual rights), without further shareholder action, in accordance
with the procedure set forth in the plan of merger or share exchange or,
if none is set forth, in the manner determined by the board of directors.
be in writing.
(b) If the board of directors fails to submit by September 1, 1983, a
plan of operation considered suitable by the commissioner, or, if at any
other time the board of directors fails to submit amendments to the plan
considered necessary by the commissioner, the commissioner shall
adopt rules under IC 4-22-2 necessary to carry out this chapter. The
rules continue in force until modified by the commissioner or
superseded by a plan submitted by the board of directors and approved
by the commissioner.
(c) The plan of operation shall establish:
(1) procedures for handling the assets of the fund;
(2) the method of reimbursing members of the board of directors
under section 14 of this chapter;
(3) regular places and times for meetings of the board of directors;
(4) recordkeeping procedures for all financial transactions relating
to the fund and the board of directors; and
(5) any additional provisions necessary for the execution of the
powers and duties of the board of directors.
the home address of the ultimate equitable owner if the
ultimate equitable owner is an individual.
(3) (C) The telephone number of the ultimate equitable owner,
including the home telephone number if the ultimate equitable
owner is an individual.
(4) (D) The ultimate equitable owner's Social Security number
and date of birth, if the ultimate equitable owner is an
individual.
(b) An application for registration as an originator shall be made on
a registration form prescribed by the commissioner. The application
must include the following information for the individual that seeks to
be registered as an originator:
(1) The name of the individual.
(2) The home address of the individual.
(3) The home telephone number of the individual.
(4) The individual's Social Security number and date of birth.
(5) The name of the:
(A) licensee; or
(B) applicant for licensure;
for whom the individual seeks to be employed as an originator.
(6) Consent to service of process under subsection (h).
(7) Evidence that the individual has completed the education
requirements described in section 21 of this chapter.
(8) An application fee of one hundred dollars ($100).
(9) All registration numbers previously issued to the individual
under this chapter, if applicable.
(c) An application for registration as a principal manager shall be
made on a registration form prescribed by the commissioner. The
application must include the following information for the individual
who seeks to be registered as a principal manager:
(1) The name of the individual.
(2) The home address of the individual.
(3) The home telephone number of the individual.
(4) The individual's Social Security number and date of birth.
(5) The name of the:
(A) licensee; or
(B) applicant for licensure;
for whom the individual seeks to be employed as a principal
manager.
(6) Consent to service of process under subsection (h).
(7) Evidence that the individual has completed the education
requirements described in section 21 of this chapter.
endowment care fund, as required by this section, fifty thousand dollars
($50,000):
(1) the cemetery shall submit proof of this fact to its trustee; and
(2) the trustee shall pay over to the cemetery the amount of
twenty-five thousand dollars ($25,000) that the cemetery
deposited in the fund under subsection (c). subsection (a).
be conducted in public unless the commissioner finds a statutory basis
that would allow the hearing to be closed to the public.
business will be operated honestly and fairly within the purposes of this
article. The director is entitled to request evidence of compliance with
this section at:
(a) the time of application;
(b) the time of renewal of a license; or
(c) any other time considered necessary by the director.
(3) Evidence of compliance with this section may include:
(a) criminal background checks, including a national criminal
history check by the Federal Bureau of Investigation;
(b) credit histories; and
(c) other background checks considered necessary by the director.
(4) The department may deny an application under this section if the
director of the department determines that the application was
submitted for the benefit of, or on behalf of, a person who does not
qualify for a license.
(5) Upon written request, the applicant is entitled to a hearing on the
question of the qualifications of the applicant for a license as provided
in IC 4-21.5.
(6) The applicant shall pay the following fees at the time designated
by the department:
(a) An initial license fee as established by the department under
IC 28-11-3-5.
(b) An initial investigation fee as established by the department
under IC 28-11-3-5.
(c) An annual renewal fee as established by the department under
IC 28-11-3-5.
(7) A fee as established by the department under IC 28-11-3-5 may
be charged for each day the annual renewal fee under subsection (6)(c)
is delinquent.
(8) The applicant may deduct the fees required under subsection
(6)(a) through (6)(c) from the filing fees paid under IC 24-4.5-6-203.
(9) A loan license issued under this section is not assignable or
transferable.
(10) Subject to subsection (11), the director may designate an
automated central licensing system and repository, operated by a third
party, to serve as the sole entity responsible for:
(a) processing applications and renewals for licenses under this
section; and
(b) performing other services that the director determines are
necessary for the orderly administration of the department's
licensing system.
(11) The director's authority to designate an automated central
licensing system and repository under subsection (10) is subject to the
following:
(a) The director or the director's designee may not require any
person exempt from licensure under this article, or any employee
or agent of an exempt person, to:
(i) submit information to; or
(ii) participate in;
the automated central licensing system and repository.
(b) Information stored in the automated central licensing system
and repository is subject to the confidentiality provisions of
IC 28-1-2-30 and IC 5-14-3. A person may not:
(i) obtain information from the automated central licensing
system and repository, unless the person is authorized to do so
by statute; or
(ii) initiate any civil action based on information obtained
from the automated central licensing system and repository
if the information is not otherwise available to the person
under any other state law; or
(iii) initiate any civil action based on information obtained
from the automated central licensing system and repository
if the person could not have initiated the action based on
information otherwise available to the person under any other
state law.
(c) Documents, materials, and other forms of information in the
control or possession of the automated central licensing system
and repository that are furnished by the director, the director's
designee, or a licensee, or that are otherwise obtained by the
automated central licensing system and repository, are
confidential and privileged by law and are not:
(i) subject to inspection under IC 5-14-3;
(ii) subject to subpoena;
(iii) subject to discovery; or
(iv) admissible in evidence in any civil action.
However, the director or the director's designee may use the
documents, materials, or other information available to the
director or the director's designee in furtherance of any action
brought in connection with the director's duties under this article.
(d) Disclosure of documents, materials, and information:
(i) to the director or the director's designee; or
(ii) by the director or the director's designee;
under this subsection does not result in a waiver of any applicable
privilege or claim of confidentiality with respect to the
documents, materials, or information.
(e) Information provided to the automated central licensing
system and repository is subject to IC 4-1-11.
(f) This subsection does not limit or impair a person's right to:
(i) obtain information;
(ii) use information as evidence in a civil action or proceeding;
or
(iii) use information to initiate a civil action or proceeding;
if the information may be obtained from the director or the
director's designee under any law.
(g) The director may require a licensee required to submit
information to the automated central licensing system and
repository to pay a processing fee considered reasonable by the
director.
(IC 25-35.6-2).
(21) Indiana real estate commission (IC 25-34.1-2-1).
(22) Indiana board of veterinary medical examiners
(IC 15-5-1.1-3). (IC 25-38.1-2-1).
(23) Department of insurance (IC 27-1).
(24) State police department (IC 10-11-2-4), for purposes of
certifying polygraph examiners under IC 25-30-2.
(25) Department of natural resources for purposes of licensing
water well drillers under IC 25-39-3.
(26) Private detectives investigator and security guard licensing
board (IC 25-30-1-5.1). (IC 25-30-1-5.2).
(27) Occupational therapy committee (IC 25-23.5-2-1).
(28) Social worker, marriage and family therapist, and mental
health counselor board (IC 25-23.6-2-1).
(29) Real estate appraiser licensure and certification board
(IC 25-34.1-8).
(30) State board of registration for land surveyors
(IC 25-21.5-2-1).
(31) Physician assistant committee (IC 25-27.5).
(32) Indiana athletic trainers board (IC 25-5.1-2-1).
(33) Board of podiatric medicine (IC 25-29-2-1).
(34) Indiana dietitians certification board (IC 25-14.5-2-1).
(35) Indiana physical therapy committee (IC 25-27).
(36) Manufactured home installer licensing board (IC 25-23.7).
(37) Home inspectors licensing board (IC 25-20.2-3-1).
(38) State board of massage therapy (IC 25-21.8-2-1).
(38) (39) Any other occupational or professional agency created
after June 30, 1981.
or registration that was issued by the board that is three (3) years or less
delinquent must be reinstated upon meeting the following
requirements:
(1) Submission of the holder's completed renewal application.
(2) Payment of the current renewal fee established by the board
under section 2 of this chapter.
(3) Payment of a reinstatement fee established by the Indiana
professional licensing agency.
(4) If a law requires the holder to complete continuing education
as a condition of renewal, the holder:
(A) shall provide the board with a sworn statement, signed by
the holder, that the holder has fulfilled the continuing
education requirements required by the board; for the current
renewal period. or
(B) shall, if the holder has not complied with the continuing
education requirements, meet any requirements imposed
under IC 25-1-4-5 and IC 25-1-4-6.
(d) Notwithstanding any other law regarding the reinstatement of a
delinquent or lapsed license, certificate, or registration and except as
provided in section 8 of this chapter, unless a statute specifically does
not allow a license, certificate, or registration to be reinstated if it has
lapsed for more than three (3) years, the holder of a license, certificate,
or registration that was issued by the board that is more than three (3)
years delinquent must be reinstated upon meeting the following
requirements:
(1) Submission of the holder's completed renewal application.
(2) Payment of the current renewal fee established by the board
under section 2 of this chapter.
(3) Payment of a reinstatement fee equal to the current initial
application fee.
(4) If a law requires the holder to complete continuing education
as a condition of renewal, the holder:
(A) shall provide the board with a sworn statement, signed by
the holder, that the holder has fulfilled the continuing
education requirements required by the board; for the current
renewal period. or
(B) shall, if the holder has not complied with the continuing
education requirements, meet any requirements imposed
under IC 25-1-4-5 and IC 25-1-4-6.
(5) Complete such remediation and additional training as deemed
appropriate by the board given the lapse of time involved.
(6) Any other requirement that is provided for in statute or rule
that is not related to fees.
appraisal reports that were submitted by a person to obtain a loan. The
summary suspension may be renewed upon after a hearing before the
board. Each renewal of a summary suspension may not be for not more
than ninety (90) days.
(c) Before the board may summarily suspend a license under this
section, the consumer protection division of the office of the attorney
general general's office must shall make a reasonable attempt to notify
a practitioner of:
(1) a hearing by the board to suspend a the practitioner's license;
and
(2) of information regarding the allegation against the
practitioner.
The consumer protection division of the office of the attorney general
general's office must shall also notify the practitioner that the
practitioner may provide a written or an oral statement to the board on
the practitioner's behalf before the board issues an order for summary
suspension. A reasonable attempt to reach notify the practitioner is
made if the consumer protection division of the office of the attorney
general general's office attempts to reach notify the practitioner by
telephone or facsimile at the last telephone number or facsimile
number of the practitioner on file with the board.
disgorgement directed to a person who has violated this chapter or a
rule or order under this chapter.
(c) Upon the issuance of an order or a notice by the secretary of
state under subsection (b), the secretary of state shall promptly notify
the respondent of the following:
(1) That the order or notice has been issued.
(2) The reasons the order or notice has been issued.
(3) That upon the receipt of a written request the matter will be
set for a hearing to commence not less than five (5) days and not
more than twenty (20) days after the secretary of state receives the
request, unless the parties consent otherwise.
If the respondent does not request a hearing and the secretary of state
does not order a hearing, the order or notice will remain in effect until
it is modified or vacated by the secretary of state. If a hearing is
requested or ordered, the secretary of state, after giving notice of the
hearing, may modify or vacate the order or extend it until final
determination.
(d) In a proceeding in a circuit or superior court under this section,
the secretary of state is entitled to recover all costs and expenses of
investigation to which the secretary of state would be entitled in an
administrative proceeding under IC 23-2-1-16(d), and the court shall
include the costs in its final judgment.
(e) For the purpose of any investigation or proceeding under this
chapter, the secretary of state may administer oaths and affirmations,
subpoena witnesses, compel their attendance, take evidence, and
require the production of any books, papers, correspondence,
memoranda, agreements, or other documents or records that the
secretary of state considers material to the inquiry.
(f) Upon order of the secretary of state in any hearing, a deposition
may be taken of any witness. A deposition under this chapter shall be:
(1) conducted in the manner prescribed by law for depositions in
civil actions; and
(2) made returnable to the secretary of state.
(g) If any person fails to obey a subpoena, the circuit or superior
court, upon application by the secretary of state, may issue to the
person an order requiring the person to appear before the secretary of
state to produce documentary evidence, if so ordered, or to give
evidence concerning the matter under investigation.
(h) A person is not excused from:
(1) attending any hearing or testifying before the secretary of
state; or
(2) producing any document or record;
trustee or the trustee's designee; or
(ii) the coroner.
(B) A state appointed guardian.
(b) If:
(1) the death of the decedent appears to have been the result of:
(A) murder (IC 35-42-1-1);
(B) voluntary manslaughter (IC 35-42-1-3); or
(C) another criminal act, if the death does not result from the
operation of a vehicle; and
(2) the coroner, in consultation with the law enforcement agency
investigating the death of the decedent, determines that there is a
reasonable suspicion that a person described in subsection (a)
committed the offense;
the person referred to in subdivision (2) may not authorize or designate
the manner, type, or selection of the final disposition and internment of
human remains.
(c) The coroner, in consultation with the law enforcement agency
investigating the death of the decedent, shall inform the cemetery
owner or crematory authority of the determination of the person
referred to in under subsection (b)(2).
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 14. (a) "Supervision" means that the
supervising physician or the physician designee accepting
responsibility for the physician assistant meets either of the following
conditions set forth in subdivision (1) or (2) are met at all times that
services are rendered or tasks are performed by the physician assistant:
(1) The supervising physician or the physician designee is
physically present at the location at which services are rendered
or tasks are performed by the physician assistant.
(2) Both of the following apply:
(A) The supervising physician or the physician designee (A)
is immediately available for consultation. and
(B) is Either:
(i) the supervising physician or the physician designee is
in the county of, or a contiguous county to, the onsite
location in which services are rendered or tasks are
performed by the physician assistant; or
(ii) the physician or physician assistant is practicing at a
hospital or health facility, or traveling to or from the hospital
or health facility.
(b) The term includes the use of protocols, guidelines, and standing
orders developed or approved by the supervising physician.
UPON PASSAGE]: Sec. 6. (a) For purposes of this section, "industrial
plant" means a factory, business, or concern that is engaged primarily
in the manufacture or assembly of goods or the processing of raw
materials, or both.
(b) This chapter does not apply to the following:
(1) A law enforcement officer of the United States, a state, or a
political subdivision of a state to the extent that the officer is
engaged in the performance of the officer's official duties.
(2) An employee to the extent that the employee is hired for the
purpose of guarding and protecting the properties of railroad
companies and is licensed as a railroad policeman under
IC 8-3-17, to the extent that the employee is engaged in the
performance of the employee's official duties.
(3) The owner of an industrial plant or the an employee of an the
owner of an industrial plant to the extent that the owner or the
employee is hiring a plant security guard for the owner's industrial
plant.
(4) A retail merchant or an employee of the retail merchant to the
extent that the retail merchant or the employee is hiring a security
guard for the retail merchant's retail establishment.
knowingly, or intentionally:
(1) engages in business as a security guard agency;
(2) solicits or advertises for business as a security guard agency;
or
(3) in any way represents to be a security guard agency;
commits a Class A misdemeanor.
(c) In addition to any other penalty imposed on the person, the court
shall fine a person convicted of an offense under subsection (b) the
amount of compensation earned by the person in the commission of the
offense. Notwithstanding IC 35-50-3-2, the total fine imposed under
this section may exceed ten thousand dollars ($10,000) if necessary to
comply with this subsection.
(d) Each transaction under subsection (b) constitutes a separate
offense.
(e) A complaint for a violation of this chapter or for an injunction
under section 24 of this chapter is sufficient if the complaint alleges
that a person or business entity on a specific day in a specific county:
(1) engaged in business as a security guard agency;
(2) solicited or advertised for business as a security guard agency;
or
(3) represented to be a security guard agency;
without a security guard agency license.
(f) A person who recklessly, knowingly, or intentionally fails or
refuses to surrender a security guard agency license issued under this
chapter when the license is revoked by action of the board commits a
Class A misdemeanor.
certificate; or
(2) conducts or solicits or accepts enrollment of students for a
course as prescribed in IC 25-34.1-3-10 without course approval
as required by section 13 of this chapter;
commits a Class B infraction. When a judgment is entered for an
offense under this section, the court shall add to any fine imposed the
amount of any fee or other compensation earned in the commission of
the offense. Each transaction constitutes a separate offense.
(b) In all actions for the collection of a fee or other compensation for
performing acts regulated by this article, a party seeking relief must
allege and prove that at the time the cause of action arose the party was
not in violation of this section.
(c) The attorney general, the board, or the prosecuting attorney of
any county in which a violation occurs may maintain an action in the
name of the state of Indiana to enjoin a person from violating this
section.
(d) In charging any person in a complaint for a judgment or an
injunction for the violation of this section, it is sufficient, without
averring any further or more particular facts, to charge that the person
upon a certain day and in a certain county:
(1) acted as:
(A) a certified real estate appraiser without a certificate; or
(B) a licensed real estate appraiser without a license; or
(2) conducted, or solicited or accepted enrollment of students for
a real estate appraiser course without course approval.
(e) Each enforcement procedure established in this section is
supplemental to other enforcement procedures established in this
section.
either at a permanently established place of business or in connection
with a business of an itinerant nature, including junk shops, junk yards,
junk stores, auto wreckers, scrap metal dealers or processors, salvage
yards, collectors of or dealers in junk, and junk carts or trucks.
(c) As used in this chapter, "purchase" means acquiring a valuable
metal product or products by a valuable metal dealer in a single
transaction of one hundred dollars ($100) or more for a consideration,
but does not include purchases between scrap metal processing
facilities (as defined in IC 8-12-1-3(d)). IC 8-23-1-36).
under subsections (b) and (c).
(h) The commissioner may not collect fees for quarterly statements
filed under IC 27-1-20-33.
(i) The commissioner may adopt rules under IC 4-22-2 to provide
for the accrual and quarterly billing of fees under this section.
United States mail, the outside of the envelope used to mail the notice
must contain the following statement in at least 14 point type:
"Coverage has been reduced, restricted, or removed from your policy.".
(d) The insurer bears the burden to prove that notice was sent to the
named insured in accordance with this section. If the notice is sent
through the United States mail, proof of mailing as described in
IC 27-7-6-7 is sufficient proof of the notice.
(e) The commissioner may adopt rules under IC 4-22-2 to
implement this section.
issued or the benefits or advantages promised thereby or the
dividends or share of the surplus to be received thereon;
(B) making any false or misleading statement as to the
dividends or share of surplus previously paid on similar
policies;
(C) making any misleading representation or any
misrepresentation as to the financial condition of any insurer,
or as to the legal reserve system upon which any life insurer
operates;
(D) using any name or title of any policy or class of policies
misrepresenting the true nature thereof; or
(E) making any misrepresentation to any policyholder insured
in any company for the purpose of inducing or tending to
induce such policyholder to lapse, forfeit, or surrender the
policyholder's insurance.
(2) Making, publishing, disseminating, circulating, or placing
before the public, or causing, directly or indirectly, to be made,
published, disseminated, circulated, or placed before the public,
in a newspaper, magazine, or other publication, or in the form of
a notice, circular, pamphlet, letter, or poster, or over any radio or
television station, or in any other way, an advertisement,
announcement, or statement containing any assertion,
representation, or statement with respect to any person in the
conduct of the person's insurance business, which is untrue,
deceptive, or misleading.
(3) Making, publishing, disseminating, or circulating, directly or
indirectly, or aiding, abetting, or encouraging the making,
publishing, disseminating, or circulating of any oral or written
statement or any pamphlet, circular, article, or literature which is
false, or maliciously critical of or derogatory to the financial
condition of an insurer, and which is calculated to injure any
person engaged in the business of insurance.
(4) Entering into any agreement to commit, or individually or by
a concerted action committing any act of boycott, coercion, or
intimidation resulting or tending to result in unreasonable
restraint of, or a monopoly in, the business of insurance.
(5) Filing with any supervisory or other public official, or making,
publishing, disseminating, circulating, or delivering to any person,
or placing before the public, or causing directly or indirectly, to
be made, published, disseminated, circulated, delivered to any
person, or placed before the public, any false statement of
financial condition of an insurer with intent to deceive. Making
any false entry in any book, report, or statement of any insurer
with intent to deceive any agent or examiner lawfully appointed
to examine into its condition or into any of its affairs, or any
public official to which such insurer is required by law to report,
or which has authority by law to examine into its condition or into
any of its affairs, or, with like intent, willfully omitting to make a
true entry of any material fact pertaining to the business of such
insurer in any book, report, or statement of such insurer.
(6) Issuing or delivering or permitting agents, officers, or
employees to issue or deliver, agency company stock or other
capital stock, or benefit certificates or shares in any common law
corporation, or securities or any special or advisory board
contracts or other contracts of any kind promising returns and
profits as an inducement to insurance.
(7) Making or permitting any of the following:
(A) Unfair discrimination between individuals of the same
class and equal expectation of life in the rates or assessments
charged for any contract of life insurance or of life annuity or
in the dividends or other benefits payable thereon, or in any
other of the terms and conditions of such contract. However,
in determining the class, consideration may be given to the
nature of the risk, plan of insurance, the actual or expected
expense of conducting the business, or any other relevant
factor.
(B) Unfair discrimination between individuals of the same
class involving essentially the same hazards in the amount of
premium, policy fees, assessments, or rates charged or made
for any policy or contract of accident or health insurance or in
the benefits payable thereunder, or in any of the terms or
conditions of such contract, or in any other manner whatever.
However, in determining the class, consideration may be given
to the nature of the risk, the plan of insurance, the actual or
expected expense of conducting the business, or any other
relevant factor.
(C) Excessive or inadequate charges for premiums, policy
fees, assessments, or rates, or making or permitting any unfair
discrimination between persons of the same class involving
essentially the same hazards, in the amount of premiums,
policy fees, assessments, or rates charged or made for:
(i) policies or contracts of reinsurance or joint reinsurance,
or abstract and title insurance;
(ii) policies or contracts of insurance against loss or damage
to aircraft, or against liability arising out of the ownership,
maintenance, or use of any aircraft, or of vessels or craft,
their cargoes, marine builders' risks, marine protection and
indemnity, or other risks commonly insured under marine,
as distinguished from inland marine, insurance; or
(iii) policies or contracts of any other kind or kinds of
insurance whatsoever.
However, nothing contained in clause (C) shall be construed to
apply to any of the kinds of insurance referred to in clauses (A)
and (B) nor to reinsurance in relation to such kinds of insurance.
Nothing in clause (A), (B), or (C) shall be construed as making or
permitting any excessive, inadequate, or unfairly discriminatory
charge or rate or any charge or rate determined by the department
or commissioner to meet the requirements of any other insurance
rate regulatory law of this state.
(8) Except as otherwise expressly provided by law, knowingly
permitting or offering to make or making any contract or policy
of insurance of any kind or kinds whatsoever, including but not in
limitation, life annuities, or agreement as to such contract or
policy other than as plainly expressed in such contract or policy
issued thereon, or paying or allowing, or giving or offering to pay,
allow, or give, directly or indirectly, as inducement to such
insurance, or annuity, any rebate of premiums payable on the
contract, or any special favor or advantage in the dividends,
savings, or other benefits thereon, or any valuable consideration
or inducement whatever not specified in the contract or policy; or
giving, or selling, or purchasing or offering to give, sell, or
purchase as inducement to such insurance or annuity or in
connection therewith, any stocks, bonds, or other securities of any
insurance company or other corporation, association, limited
liability company, or partnership, or any dividends, savings, or
profits accrued thereon, or anything of value whatsoever not
specified in the contract. Nothing in this subdivision and
subdivision (7) shall be construed as including within the
definition of discrimination or rebates any of the following
practices:
(A) Paying bonuses to policyholders or otherwise abating their
premiums in whole or in part out of surplus accumulated from
nonparticipating insurance, so long as any such bonuses or
abatement of premiums are fair and equitable to policyholders
and for the best interests of the company and its policyholders.
(B) In the case of life insurance policies issued on the
industrial debit plan, making allowance to policyholders who
have continuously for a specified period made premium
payments directly to an office of the insurer in an amount
which fairly represents the saving in collection expense.
(C) Readjustment of the rate of premium for a group insurance
policy based on the loss or expense experience thereunder, at
the end of the first year or of any subsequent year of insurance
thereunder, which may be made retroactive only for such
policy year.
(D) Paying by an insurer or insurance producer thereof duly
licensed as such under the laws of this state of money,
commission, or brokerage, or giving or allowing by an insurer
or such licensed insurance producer thereof anything of value,
for or on account of the solicitation or negotiation of policies
or other contracts of any kind or kinds, to a broker, an
insurance producer, or a solicitor duly licensed under the laws
of this state, but such broker, insurance producer, or solicitor
receiving such consideration shall not pay, give, or allow
credit for such consideration as received in whole or in part,
directly or indirectly, to the insured by way of rebate.
(9) Requiring, as a condition precedent to loaning money upon the
security of a mortgage upon real property, that the owner of the
property to whom the money is to be loaned negotiate any policy
of insurance covering such real property through a particular
insurance producer or broker or brokers. However, this
subdivision shall not prevent the exercise by any lender of the
lender's right to approve or disapprove of the insurance company
selected by the borrower to underwrite the insurance.
(10) Entering into any contract, combination in the form of a trust
or otherwise, or conspiracy in restraint of commerce in the
business of insurance.
(11) Monopolizing or attempting to monopolize or combining or
conspiring with any other person or persons to monopolize any
part of commerce in the business of insurance. However,
participation as a member, director, or officer in the activities of
any nonprofit organization of insurance producers or other
workers in the insurance business shall not be interpreted, in
itself, to constitute a combination in restraint of trade or as
combining to create a monopoly as provided in this subdivision
and subdivision (10). The enumeration in this chapter of specific
unfair methods of competition and unfair or deceptive acts and
practices in the business of insurance is not exclusive or
restrictive or intended to limit the powers of the commissioner or
department or of any court of review under section 8 of this
chapter.
(12) Requiring as a condition precedent to the sale of real or
personal property under any contract of sale, conditional sales
contract, or other similar instrument or upon the security of a
chattel mortgage, that the buyer of such property negotiate any
policy of insurance covering such property through a particular
insurance company, insurance producer, or broker or brokers.
However, this subdivision shall not prevent the exercise by any
seller of such property or the one making a loan thereon of the
right to approve or disapprove of the insurance company selected
by the buyer to underwrite the insurance.
(13) Issuing, offering, or participating in a plan to issue or offer,
any policy or certificate of insurance of any kind or character as
an inducement to the purchase of any property, real, personal, or
mixed, or services of any kind, where a charge to the insured is
not made for and on account of such policy or certificate of
insurance. However, this subdivision shall not apply to any of the
following:
(A) Insurance issued to credit unions or members of credit
unions in connection with the purchase of shares in such credit
unions.
(B) Insurance employed as a means of guaranteeing the
performance of goods and designed to benefit the purchasers
or users of such goods.
(C) Title insurance.
(D) Insurance written in connection with an indebtedness and
intended as a means of repaying such indebtedness in the
event of the death or disability of the insured.
(E) Insurance provided by or through motorists service clubs
or associations.
(F) Insurance that is provided to the purchaser or holder of an
air transportation ticket and that:
(i) insures against death or nonfatal injury that occurs during
the flight to which the ticket relates;
(ii) insures against personal injury or property damage that
occurs during travel to or from the airport in a common
carrier immediately before or after the flight;
(iii) insures against baggage loss during the flight to which
the ticket relates; or
(iv) insures against a flight cancellation to which the ticket
relates.
(14) Refusing, because of the for-profit status of a hospital or
medical facility, to make payments otherwise required to be made
under a contract or policy of insurance for charges incurred by an
insured in such a for-profit hospital or other for-profit medical
facility licensed by the state department of health.
(15) Refusing to insure an individual, refusing to continue to issue
insurance to an individual, limiting the amount, extent, or kind of
coverage available to an individual, or charging an individual a
different rate for the same coverage, solely because of that
individual's blindness or partial blindness, except where the
refusal, limitation, or rate differential is based on sound actuarial
principles or is related to actual or reasonably anticipated
experience.
(16) Committing or performing, with such frequency as to
indicate a general practice, unfair claim settlement practices (as
defined in section 4.5 of this chapter).
(17) Between policy renewal dates, unilaterally canceling an
individual's coverage under an individual or group health
insurance policy solely because of the individual's medical or
physical condition.
(18) Using a policy form or rider that would permit a cancellation
of coverage as described in subdivision (17).
(19) Violating IC 27-1-22-25, IC 27-1-22-26, or IC 27-1-22-26.1
concerning motor vehicle insurance rates.
(20) Violating IC 27-8-21-2 concerning advertisements referring
to interest rate guarantees.
(21) Violating IC 27-8-24.3 concerning insurance and health plan
coverage for victims of abuse.
(22) Violating IC 27-8-26 concerning genetic screening or testing.
(23) Violating IC 27-1-15.6-3(b) concerning licensure of
insurance producers.
(24) Violating IC 27-1-38 concerning depository institutions.
(25) Violating IC 27-8-28-17(c) or IC 27-13-10-8(c) concerning
the resolution of an appealed grievance decision.
(26) Violating IC 27-8-5-2.5(e) through IC 27-8-5-2.5(j) (expired
July 1, 2007, and removed) or IC 27-8-5-19.2.
(27) Violating IC 27-2-21 concerning use of credit information.
(28) Violating IC 27-4-9-3 concerning recommendations to
consumers.
(29) Engaging in dishonest or predatory insurance practices in
marketing or sales of insurance to members of the United States
Armed Forces as:
(A) described in the federal Military Personnel Financial
Services Protection Act, P.L.109-290; or
(B) defined in rules adopted under subsection (b).
(b) Except with respect to federal insurance programs under
Subchapter III of Chapter 19 of Title 38 of the United States Code, the
commissioner may, consistent with the federal Military Personnel
Financial Services Protection Act (P.L.109-290), adopt rules under
IC 4-22-2 to:
(1) define; and
(2) while the members are on a United States military installation
or elsewhere in Indiana, protect members of the United States
Armed Forces from;
dishonest or predatory insurance practices.
2003, and before July 1, 2005. An individual who is covered under a
policy that includes a waiver under subsection (e) may directly appeal
a denial of coverage based on the waiver by filing a request for an
external grievance review under IC 27-8-29 without pursuing a
grievance under IC 27-8-28. This subsection expires July 1, 2007.
(h) This subsection applies to a policy that is issued after June 30,
2003, and before July 1, 2005. Notwithstanding subsection (e), an
individual policy of accident and sickness insurance may not contain
a waiver of coverage for:
(1) a mental health condition; or
(2) a developmental disability.
This subsection expires July 1, 2007.
(i) This subsection applies to a policy that is issued after June 30,
2003, and before July 1, 2005. A waiver under this section may be
applied to a policy of accident and sickness insurance only at the time
the policy is issued. This subsection expires July 1, 2007.
(j) This subsection applies to a policy that is issued after June 30,
2003, and before July 1, 2005. An insurer or insurance producer shall
not use this section to circumvent the guaranteed access and
availability provisions of this chapter, IC 27-8-15, or the federal Health
Insurance Portability and Accountability Act of 1996 (P.L. 104-191).
This subsection expires July 1, 2007.
(k) This subsection applies to a policy that is issued after June 30,
2003, and before July 1, 2005. A pattern or practice of violations of
subsections (e) through (j) is an unfair method of competition or an
unfair and deceptive act and practice in the business of insurance under
IC 27-4-1-4. This subsection expires July 1, 2007.
eligibility for an association policy under this subsection. Coverage
under any association policy is in excess of, and may not duplicate,
coverage under any other form of health insurance.
(c) Except as provided in IC 27-13-16-4 and subsection (a), a person
is eligible for an association policy upon a showing that:
(1) the person has been rejected by one (1) carrier for coverage
under any insurance plan that equals or exceeds the minimum
requirements for accident and sickness insurance policies issued
in Indiana, as set forth in IC 27, without material underwriting
restrictions;
(2) an insurer has refused to issue insurance except at a rate
exceeding the association plan rate; or
(3) the person is a federally eligible individual.
For the purposes of this subsection, eligibility for Medicare coverage
does not disqualify a person who is less than sixty-five (65) years of
age from eligibility for an association policy.
(d) Coverage under an association policy terminates as follows:
(1) On the first date on which an insured is no longer a resident of
Indiana.
(2) On the date on which an insured requests cancellation of the
association policy.
(3) On the date of the death of an insured.
(4) At the end of the policy period for which the premium has
been paid.
(5) On the first date on which the insured no longer meets the
eligibility requirements under this section.
(e) An association policy must provide that coverage of a dependent
unmarried child terminates when the child becomes nineteen (19) years
of age (or twenty-five (25) years of age if the child is enrolled full time
in an accredited educational institution). The policy must also provide
in substance that attainment of the limiting age does not operate to
terminate a dependent unmarried child's coverage while the dependent
is and continues to be both:
(1) incapable of self-sustaining employment by reason of mental
retardation or mental or physical disability; and
(2) chiefly dependent upon the person in whose name the contract
is issued for support and maintenance.
However, proof of such incapacity and dependency must be furnished
to the carrier within one hundred twenty (120) days of the child's
attainment of the limiting age, and subsequently as may be required by
the carrier, but not more frequently than annually after the two (2) year
period following the child's attainment of the limiting age.
chapter of a:
(1) grievance filed under IC 27-8-28; or
(2) denial of coverage based on a waiver described in
IC 27-8-5-2.5 IC 27-8-5-2.5(e) (expired July 1, 2007, and
removed) or IC 27-8-5-19.2 (expired July 1, 2007, and
repealed).
13(a)(2)(A) of this chapter, within three (3) business days after
the external grievance is filed; or
(2) for a standard appeal filed under section 13(a)(2)(B) of this
chapter, within fifteen (15) business days after the appeal is filed;
make a determination to uphold or reverse the insurer's appeal
resolution under IC 27-8-28-17 based on information gathered from the
covered individual or the covered individual's designee, the insurer,
and the treating health care provider, and any additional information
that the independent review organization considers necessary and
appropriate.
(b) When making the determination under this section, the
independent review organization shall apply:
(1) standards of decision making that are based on objective
clinical evidence; and
(2) the terms of the covered individual's accident and sickness
insurance policy.
(c) In an external grievance described in section 12(4) of this
chapter, the insurer bears the burden of proving that the insurer
properly denied coverage for a condition, complication, service, or
treatment because the condition, complication, service, or treatment is
directly related to a condition for which coverage has been waived
under IC 27-8-5-2.5 IC 27-8-5-2.5(e) (expired July 1, 2007, and
removed) or IC 27-8-5-19.2 (expired July 1, 2007, and repealed).
(d) The independent review organization shall notify the insurer and
the covered individual of the determination made under this section:
(1) for an expedited external grievance filed under section
13(a)(2)(A) of this chapter, within twenty-four (24) hours after
making the determination; and
(2) for a standard external grievance filed under section
13(a)(2)(B) of this chapter, within seventy-two (72) hours after
making the determination.
trust company if the:
(1) purchase price and any ongoing charges and costs are fair,
reasonable, and substantially equivalent to the cost of similar
products and services; and
(2) purchase complies with IC 30-4-3.5.
The compensation for the product, services, or security received by the
bank, trust company, an affiliate of the bank or trust company, or a
syndicate or selling group that includes the bank, the trust company, or
an affiliate of the bank or trust company may be in addition to the
compensation that the bank or trust company is otherwise entitled to
from the fiduciary account.
(b) A bank or trust company that makes a purchase or sale described
in subsection (a) shall disclose, at least annually, to each person
entitled to receive statements of account activity from the bank or trust
company any purchase or sale made by the bank or trust company
during the year. The disclosure must be in writing or an electronic
format and include the following:
(1) Any capacity in which the bank, the trust company, or an
affiliate of the bank or trust company acts for:
(A) the issuer of the securities; or
(B) the provider of the products or services;
that is the subject of the purchase or sale.
(2) A statement that the bank, the trust company, or an affiliate of
the bank or trust company has an interest in the subject of the
purchase or sale, if applicable.
(3) The rate and method by which that compensation was
determined.
(4) The name, telephone number, street address, and mailing
address of an officer of the bank or trust company who may be
contacted for further information.
(5) A notice that the bank's or trust company's ability to make
transactions described in subsection (a) ends upon receipt at any
time of a notice of objection by a majority of the persons entitled
to receive statements of account activity.
(c) The following apply to a purchase or sale under subsection (a):
(1) Except as provided in subdivisions (2) and (3), if the fiduciary
relationship is a trust or an agency, the trustee or agent shall treat
the purchase or sale under subsection (a) as if it were a conflict of
interest transaction under IC 30-4-3-5 and shall give any notice
and obtain any consent that may be required under IC 30-4-3-5,
subject to the following:
(A) IC 30-2-14-16 applies to any notice required to be given
by a trustee or an agent under this subdivision, subject to the
following:
(i) If the fiduciary relationship is a revocable trust with one
(1) or more living grantors, the trustee must give notice only
to the living grantors, who shall be considered to have all
income and principal interests in the trust at the time the
notice is given. If a grantor is incapacitated, the trustee shall
give notice to the grantor's court appointed guardian, the
principal under a durable power of attorney, or a co-trustee
of the revocable trust, unless the guardian, principal, or
co-trustee is the bank or trust company that seeks the
consent. If the representative of the incapacitated grantor is
the bank or trust company that seeks the consent to a
purchase or sale under subsection (a), the trustee shall
obtain consent from the court.
(ii) If the fiduciary relationship is a revocable trust and the
assets of the revocable trust are distributable to one (1) or
more other trusts, notice shall be given to the trustees of the
other trusts. However, if the bank or trust company that
seeks the consent to a purchase or sale under subsection (a)
is the trustee of another trust to which the assets of the
revocable trust are distributable, the bank or trust company
shall give notice to those beneficiaries of the other trust who
are entitled to receive statements of account activity from
the bank or trust company.
(iii) If the fiduciary relationship is an agency, the principal
must consent to the purchase or sale under subsection (a) in
writing in advance of the transaction. The principal shall be
considered to have all income and principal interests in the
account at the time the notice of the proposed transaction is
given. If the principal is incapacitated, consent must be
obtained from the principal's court appointed guardian,
unless the guardian of the incapacitated principal is the bank
or trust company that seeks the consent. If the guardian of
the incapacitated principal is the bank or trust company that
seeks the consent, consent to a purchase or sale under
subsection (a) must be obtained from the court supervising
the principal's guardianship.
(B) If the fiduciary relationship is a trust, the following apply
with respect to any consent required to be obtained under
IC 30-4-3-5(a)(2):
(i) Notwithstanding the requirement under
IC 30-4-3-5(a)(2)(A) that all interested persons provide
written consent to the proposed action, and subject to
subdivision (2), a trustee, for a proposed purchase or sale
under subsection (a), need only obtain the written consent of
a majority of the persons entitled to notice under
IC 30-2-14-16, as modified by this clause. subdivision
(1)(A). However, the trustee must obtain the written consent
of at least one (1) beneficiary who is receiving income under
the trust at the time of the notice and at least one (1)
individual who would receive a distribution of principal if
the trust were terminated at the time notice is given.
(ii) Upon obtaining the written consents required under item
(i), the trustee need not wait until the period to make written
objections under IC 30-2-14-16 ends in order to take the
proposed action.
(2) Any consent granted under subdivision (1)(B)(i) may be
revoked by a writing signed by a majority of the persons entitled
to notice under IC 30-2-14-16, as modified by this subdivision.
subdivision (1)(A). However, the revocation must be signed by:
(A) at least one (1) beneficiary who is receiving income under
the trust at the time the revocation is signed; and
(B) at least one (1) individual who would receive a distribution
of principal if the trust were terminated at the time the
revocation is signed.
(3) The notice and consent otherwise required under subdivision
(1) are not required if the purchase or sale under subsection (a) is
specifically authorized:
(A) in the document creating the fiduciary relationship; or
(B) under IC 30-4-3-7.
authorized or approved by the department unless such notes and
debentures shall, by their terms, provide that the debt, including all
accrued and unpaid interest, evidenced thereby shall be subordinate, in
order of priority on liquidation, to all of the obligations of the company
to the holders of its installment and fully paid certificates of
indebtedness or investment and creditors other than such creditors and
holders who have expressly agreed otherwise and other than creditors
who are such by reason of the ownership of such notes or debentures
which the department is authorized to approve by this section.
applicable.
(3) The rate and method by which that compensation was
determined.
(4) The name, telephone number, street address, and mailing
address of an officer of the savings bank who may be contacted
for further information.
(5) A notice that the savings bank's ability to make transactions
described in subsection (a) ends upon receipt at any time of a
notice of objection by a majority of the persons entitled to receive
statements of account activity.
(c) The following apply to a purchase or sale under subsection (a):
(1) Except as provided in subdivisions (2) and (3), if the fiduciary
relationship is a trust or an agency, the trustee or agent shall treat
the purchase or sale under subsection (a) as if it were a conflict of
interest transaction under IC 30-4-3-5 and shall give any notice
and obtain any consent that may be required under IC 30-4-3-5,
subject to the following:
(A) IC 30-2-14-16 applies to any notice required to be given
by a trustee or an agent under this subdivision, subject to the
following:
(i) If the fiduciary relationship is a revocable trust with one
(1) or more living grantors, the trustee must give notice only
to the living grantors, who shall be considered to have all
income and principal interests in the trust at the time the
notice is given. If a grantor is incapacitated, the trustee shall
give notice to the grantor's court appointed guardian, the
principal under a durable power of attorney, or a co-trustee
of the revocable trust, unless the guardian, principal, or
co-trustee is the savings bank that seeks the consent. If the
representative of the incapacitated grantor is the savings
bank that seeks the consent to a purchase or sale under
subsection (a), the trustee shall obtain consent from the
court.
(ii) If the fiduciary relationship is a revocable trust and the
assets of the revocable trust are distributable to one (1) or
more other trusts, notice shall be given to the trustees of the
other trusts. However, if the savings bank that seeks the
consent to a purchase or sale under subsection (a) is the
trustee of another trust to which the assets of the revocable
trust are distributable, the savings bank shall give notice to
those beneficiaries of the other trust who are entitled to
receive statements of account activity from the savings bank.
(1) is are not required if the purchase or sale under subsection (a)
is specifically authorized:
(A) in the document creating the fiduciary relationship; or
(B) under IC 30-4-3-7.
financial statements for the current year or the parent
corporation's Form 10K reports filed with the United States
Securities and Exchange Commission for the preceding three
(3) years may be submitted with the applicant's unaudited
financial statements; or
(B) a corporation publicly traded outside the United States,
similar documentation filed with the parent corporation's
non-United States regulator may be submitted with the
applicant's unaudited financial statements.
(9) Copies of filings, if any, made by the applicant with the
United States Securities and Exchange Commission, or with a
similar regulator in a country other than the United States, not
more than one (1) year before the date of filing of the application.
including a:
(A) balance sheet;
(B) statement of income or loss; and
(C) statement of changes in financial position.
gift of the donor's body or part.
(h) If an unemancipated minor who signed a refusal dies, a parent
of the minor who is reasonably available may revoke the minor's
refusal.
collection unit established within the child support bureau by
IC 31-33-1.5-8; IC 31-25-3-1;
as trustee for remittance to the person entitled to receive the payments.
IC 31-33-1.5-8, as trustee for remittance to the person entitled to
receive payments, unless the court has reasonable grounds for
providing or approving another method of payment.
(c) Beginning January 1, 2007, child support payments that are paid
in cash must be paid to a clerk of the circuit court, and all noncash
payments must be paid to the state central collection unit established
within the child support bureau by IC 31-33-1.5-8 IC 31-25-3-1.
chapter (or IC 31-2-11-8 before its repeal) in the same manner as other
civil judgments are enforced.
(b) If in a proceeding to enforce a judgment created under section
5 or 6 section 2 of this chapter (or IC 31-2-11-8 before its repeal) an
obligor or an income payor disputes the amount that constitutes a
judgment, the court with jurisdiction over the enforcement proceeding
may conduct a hearing to determine the amount of delinquent support
that is a judgment.
provided the documents and other information required under
IC 31-19-17 to the prospective adoptive parents;
the court shall grant the petition for adoption and enter an adoption
decree.
(b) A court may not grant an adoption unless the state department
of health's affidavit under IC 31-19-5-16 is filed with the court as
provided under subsection (a)(4).
(c) A conviction of a felony or a misdemeanor related to the health
and safety of a child by a petitioner for adoption is a permissible basis
for the court to deny the petition for adoption. In addition, the court
may not grant an adoption if a petitioner for adoption has been
convicted of any of the felonies described as follows:
(1) Murder (IC 35-42-1-1).
(2) Causing suicide (IC 35-42-1-2).
(3) Assisting suicide (IC 35-42-1-2.5).
(4) Voluntary manslaughter (IC 35-42-1-3).
(5) Reckless homicide (IC 35-42-1-5).
(6) Battery as a felony (IC 35-42-2-1).
(7) Domestic battery (IC 35-42-2-1.3).
(7) (8) Aggravated battery (IC 35-42-2-1.5).
(8) (9) Kidnapping (IC 35-42-3-2).
(9) (10) Criminal confinement (IC 35-42-3-3).
(10) (11) A felony sex offense under IC 35-42-4.
(11) (12) Carjacking (IC 35-42-5-2).
(12) (13) Arson (IC 35-43-1-1).
(13) (14) Incest (IC 35-46-1-3).
(14) (15) Neglect of a dependent (IC 35-46-1-4(a)(1) and
IC 35-46-1-4(a)(2)).
(15) (16) Child selling (IC 35-46-1-4(d)).
(16) (17) A felony involving a weapon under IC 35-47 or
IC 35-47.5.
(17) (18) A felony relating to controlled substances under
IC 35-48-4.
(18) (19) An offense relating to material or a performance that is
harmful to minors or obscene under IC 35-49-3.
(19) (20) A felony that is substantially equivalent to a felony
listed in subdivisions (1) through (18) (19) for which the
conviction was entered in another state.
However, the court is not prohibited from granting an adoption based
upon a felony conviction under subdivision (6), (11), (12), (13), (16),
or (17), or (18), or its equivalent under subdivision (19), (20), if the
offense was not committed within the immediately preceding five (5)
year period.
(d) A court may not grant an adoption if the petitioner is a sex or
violent offender (as defined in IC 11-8-8-5).
kinship caregivers;
(2) identify statutory and administrative barriers for kinship
caregivers; and
(3) provide recommendations to reduce or eliminate the barriers
to services without adverse consequences to children placed with
kinship caregivers.
(g) This SECTION expires January 1, 2011.
in which salaries are increased under IC 33-38-5-8.1 and ending
before July 1 of the second state fiscal year after June 30, 2006,
in which salaries are increased under IC 33-38-5-8.1, the judicial
salaries fee to which this subsection applies is sixteen dollars
($16);
(3) after June 30 immediately preceding the second state fiscal
year in which salaries are increased under IC 33-38-5-8.1 and
ending before July 1 of the third state fiscal year after June 30,
2006, in which salaries are increased under IC 33-38-5-8.1, the
judicial salaries fee to which this subsection applies is seventeen
dollars ($17);
(4) after June 30 immediately preceding the third state fiscal year
in which salaries are increased under IC 33-38-5-8.1 and ending
before July 1 of the fourth state fiscal year after June 30, 2006, in
which salaries are increased under IC 33-38-5-8.1, the judicial
salaries fee to which this subsection applies is eighteen dollars
($18);
(5) after June 30 immediately preceding the fourth state fiscal
year in which salaries are increased under IC 33-38-5-8.1 and
ending before July 1 of the fifth state fiscal year after June 30,
2006, in which salaries are increased under IC 33-38-5-8.1, the
judicial salaries fee to which this subsection applies is nineteen
dollars ($19); and
(6) after June 30 immediately preceding the fifth state fiscal year
in which salaries are increased under IC 33-38-5-8.1, the judicial
salaries fee to which this subsection applies is twenty dollars
($20).
(e) Beginning:
(1) after June 30, 2005, and ending before July 1 of the first state
fiscal year after June 30, 2006, in which salaries are increased
under IC 33-38-5-8.1, the judicial salaries fee to which this
subsection applies is ten dollars ($10);
(2) after June 30 immediately preceding the first state fiscal year
in which salaries are increased under IC 33-38-5-8.1 and ending
before July 1 of the second state fiscal year after June 30, 2006,
in which salaries are increased under IC 33-38-5-8.1, the judicial
salaries fee to which this subsection applies is eleven dollars
($11);
(3) after June 30 immediately preceding the second state fiscal
year in which salaries are increased under IC 33-38-5-8.1 and
ending before July 1 of the third state fiscal year after June 30,
2006, in which salaries are increased under IC 33-38-5-8.1, the
judicial salaries fee to which this subsection applies is twelve
dollars ($12);
(4) after June 30 immediately preceding the third state fiscal year
in which salaries are increased under IC 33-38-5-8.1 and ending
before July 1 of the fourth state fiscal year after June 30, 2006, in
which salaries are increased under IC 33-38-5-8.1, the judicial
salaries fee to which this subsection applies is thirteen dollars
($13);
(5) after June 30 immediately preceding the fourth state fiscal
year in which salaries are increased under IC 33-38-5-8.1 and
ending before July 1 of the fifth state fiscal year after June 30,
2006, in which salaries are increased under IC 33-38-5-8.1, the
judicial salaries fee to which this subsection applies is fourteen
dollars ($14); and
(6) after June 30 immediately preceding the fifth state fiscal year
in which salaries are increased under IC 33-38-5-8.1, the judicial
salaries fee to which this subsection applies is fifteen dollars
($15).
provision of medical or optical care as provided in IC 34-6-2-38
shall be considered as a ministerial act.
(8) The adoption and enforcement of or failure to adopt or enforce
a law (including rules and regulations), unless the act of
enforcement constitutes false arrest or false imprisonment.
(9) An act or omission performed in good faith and without
malice under the apparent authority of a statute which is invalid
if the employee would not have been liable had the statute been
valid.
(10) The act or omission of anyone other than the governmental
entity or the governmental entity's employee.
(11) The issuance, denial, suspension, or revocation of, or failure
or refusal to issue, deny, suspend, or revoke any permit, license,
certificate, approval, order, or similar authorization, where the
authority is discretionary under the law.
(12) Failure to make an inspection, or making an inadequate or
negligent inspection, of any property, other than the property of
a governmental entity, to determine whether the property
complied with or violates any law or contains a hazard to health
or safety.
(13) Entry upon any property where the entry is expressly or
impliedly authorized by law.
(14) Misrepresentation if unintentional.
(15) Theft by another person of money in the employee's official
custody, unless the loss was sustained because of the employee's
own negligent or wrongful act or omission.
(16) Injury to the property of a person under the jurisdiction and
control of the department of correction if the person has not
exhausted the administrative remedies and procedures provided
by section 7 of this chapter.
(17) Injury to the person or property of a person under supervision
of a governmental entity and who is:
(A) on probation; or
(B) assigned to an alcohol and drug services program under
IC 12-23, a minimum security release program under
IC 11-10-8, a pretrial conditional release program under
IC 35-33-8, or a community corrections program under
IC 11-12.
(18) Design of a highway (as defined in IC 9-13-2-73), toll road
project (as defined in IC 8-15-2-4(4)), tollway (as defined in
IC 8-15-3-7), or project (as defined in IC 8-15.7-2-14) if the
claimed loss occurs at least twenty (20) years after the public
highway, toll road project, tollway, or project was designed or
substantially redesigned; except that this subdivision shall not be
construed to relieve a responsible governmental entity from the
continuing duty to provide and maintain public highways in a
reasonably safe condition.
(19) Development, adoption, implementation, operation,
maintenance, or use of an enhanced emergency communication
system.
(20) Injury to a student or a student's property by an employee of
a school corporation if the employee is acting reasonably under a
discipline policy adopted under IC 20-33-8-7(b).
(21) An error resulting from or caused by a failure to recognize
the year 1999, 2000, or a subsequent year, including an incorrect
date or incorrect mechanical or electronic interpretation of a date,
that is produced, calculated, or generated by:
(A) a computer;
(B) an information system; or
(C) equipment using microchips;
that is owned or operated by a governmental entity. However, this
subdivision does not apply to acts or omissions amounting to
gross negligence, willful or wanton misconduct, or intentional
misconduct. For purposes of this subdivision, evidence of gross
negligence may be established by a party by showing failure of a
governmental entity to undertake an effort to review, analyze,
remediate, and test its electronic information systems or by
showing failure of a governmental entity to abate, upon notice, an
electronic information system error that caused damage or loss.
However, this subdivision expires June 30, 2003.
(22) (21) An act or omission performed in good faith under the
apparent authority of a court order described in IC 35-46-1-15.1
that is invalid, including an arrest or imprisonment related to the
enforcement of the court order, if the governmental entity or
employee would not have been liable had the court order been
valid.
(23) (22) An act taken to investigate or remediate hazardous
substances, petroleum, or other pollutants associated with a
brownfield (as defined in IC 13-11-2-19.3) unless:
(A) the loss is a result of reckless conduct; or
(B) the governmental entity was responsible for the initial
placement of the hazardous substances, petroleum, or other
pollutants on the brownfield.
SECTION 373, AND AS AMENDED BY P.L.234-2007, SECTION
169, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 1. (a) As used in this section,
"child" means an unmarried individual without dependents who is:
(1) less than twenty (20) years of age; or
(2) less than twenty-three (23) years of age and is enrolled in an
a postsecondary educational institution of higher education or in
a vocational career and technical education school or program
that is not a postsecondary educational program.
(b) An action may be maintained under this section against the
person whose wrongful act or omission caused the injury or death of a
child. The action may be maintained by:
(1) the father and mother jointly, or either of them by naming the
other parent as a codefendant to answer as to his or her interest;
(2) in case of divorce or dissolution of marriage, the person to
whom custody of the child was awarded; and
(3) a guardian, for the injury or death of a protected person.
(c) In case of death of the person to whom custody of a child was
awarded, a personal representative shall be appointed to maintain the
action for the injury or death of the child.
(d) In an action brought by a guardian for an injury to a protected
person, the damages inure to the benefit of the protected person.
(e) In an action to recover for the death of a child, the plaintiff may
recover damages:
(1) for the loss of the child's services;
(2) for the loss of the child's love and companionship; and
(3) to pay the expenses of:
(A) health care and hospitalization necessitated by the
wrongful act or omission that caused the child's death;
(B) the child's funeral and burial;
(C) the reasonable expense of psychiatric and psychological
counseling incurred by a surviving parent or minor sibling of
the child that is required because of the death of the child;
(D) uninsured debts of the child, including debts for which a
parent is obligated on behalf of the child; and
(E) the administration of the child's estate, including
reasonable attorney's fees.
(f) Damages may be awarded under this section only with respect to
the period of time from the death of the child until:
(1) the date that the child would have reached:
(A) twenty (20) years of age; or
(B) twenty-three (23) years of age, if the child was enrolled in
an a postsecondary educational institution of higher education
or in a vocational career and technical education school or
program that is not a postsecondary educational program; or
(2) the date of the child's last surviving parent's death;
whichever first occurs.
(g) Damages may be awarded under subsection (e)(2) only with
respect to the period of time from the death of the child until the date
of the child's last surviving parent's death.
(h) Damages awarded under subsection (e)(1), (e)(2), (e)(3)(C), and
(e)(3)(D) inure to the benefit of:
(1) the father and mother jointly if both parents had custody of the
child;
(2) the custodial parent, or custodial grandparent, and the
noncustodial parent of the deceased child as apportioned by the
court according to their respective losses; or
(3) a custodial grandparent of the child if the child was not
survived by a parent entitled to benefit under this section.
However, a parent or grandparent who abandoned a deceased child
while the child was alive is not entitled to any recovery under this
chapter.
order for protection:
(1) the forms adopted under subsection (a);
(2) all other forms required to petition for an order for protection,
including forms:
(A) necessary for service; and
(B) required under IC 31-21 (or IC 31-17-3 before its repeal);
and
(3) clerical assistance in reading or completing the forms and
filing the petition.
Clerical assistance provided by the clerk or court personnel under this
section does not constitute the practice of law. The clerk of the circuit
court may enter into a contract with a person or another entity to
provide this assistance. A person, other than a person or other entity
with whom the clerk has entered into a contract to provide assistance,
who in good faith performs the duties the person is required to perform
under this subsection is not liable for civil damages that might
otherwise be imposed on the person as a result of the performance of
those duties unless the person commits an act or omission that amounts
to gross negligence or willful and wanton misconduct.
(e) A petition for an order for protection must be:
(1) verified or under oath under Trial Rule 11; and
(2) issued on the forms adopted under subsection (a).
(f) If an order for protection is issued under this chapter, the clerk
shall comply with IC 5-2-9.
chapter; or
(B) health care services, basic life support, or other services
that require the teacher or employee to place the teacher's or
employee's hands on a pupil for therapeutic or sanitary
purposes; or
(2) discipline a teacher or other school employee who (A) is not
employed as a school nurse or physician and who:
(B) (A) refuses to administer medication, drugs, or tests
without the written:
(i) authority of a pupil's parent or guardian; or
(ii) order of a practitioner;
required under section 2 of this chapter; or
(C) (B) refuses to administer health care services, basic life
support, or other services that require the teacher or employee
to place the teacher's or employee's hands on a pupil for
therapeutic or sanitary purposes.
interception for not more than thirty (30) days. A court that issues a
warrant or an extension shall order that the authorized interception
must:
(1) occur within ten (10) days after the court issues the warrant or
extension;
(2) be conducted in a manner that minimizes the interception of
a communication that is clearly irrelevant to the investigation of
a designated offense; and
(3) terminate upon completion of the authorized objective or
within thirty (30) days after the interception begins, whichever
occurs first.
(b) A court may grant not more than three (3) extensions.
(c) A warrant or an extension may direct that a person immediately
furnish an applicant all information, facilities, and technical assistance
within that person's control necessary to accomplish the interception
with a minimum of interference with the services that the person is
furnishing to the person whose communication is to be intercepted. The
applicant shall compensate a person furnishing facilities or technical
assistance to the applicant at the prevailing rates.
(d) A warrant issued under section 3.5 of this chapter
IC 35-33.5-2-3.5 expires after twenty-four (24) hours, unless:
(1) the court that issued the warrant established a shorter period
of expiration; or
(2) the warrant is extended in accordance with section 2 of this
chapter.
A warrant extended in accordance with section 2 of this chapter expires
as described in subsection (a).
trial court for a new trial.
(b) Subject to subsection (d), the state shall reimburse the trial court,
the prosecuting attorney, and, if the defendant is represented by a
public defender, the public defender for expenses:
(1) incurred by the trial court, prosecuting attorney, and public
defender in conducting a new trial described in subsection (a);
and
(2) that would ordinarily be paid by the county in which the trial
court is located.
(c) The expenses of a trial court, prosecuting attorney, and public
defender reimbursed under this section:
(1) may not include any salary or other remuneration paid to a
trial court judge, prosecuting attorney, deputy prosecuting
attorney, or public defender; and
(2) must be paid from money in the state general fund.
(d) The office division of state court administration (IC 33-24-6-1)
shall administer a program to pay claims for reimbursement under this
section. The maximum amount that may be reimbursed for all
proceedings and all offenses arising out of the same facts is fifty
thousand dollars ($50,000). The maximum amount that may be paid in
any particular year for all expenses otherwise eligible for
reimbursement under this section is one million dollars ($1,000,000).
If the total of all claims that would otherwise be eligible for
reimbursement under this section exceed exceeds the maximum
amount that may be reimbursed under this subsection, the division of
state court administration shall prorate reimbursement of eligible
expenses, as determined by the division of state court administration.
an opportunity to obtain money or other items of value, the award
of which is determined by chance even if accomplished by some
skill, whether or not the prize is automatically paid by the
contrivance.
(2) It is a slot machine or any simulation or variation of a slot
machine.
(3) It is a matchup or lineup game machine or device operated for
consideration, in which two (2) or more numerals, symbols,
letters, or icons align in a winning combination on one (1) or
more lines vertically, horizontally, diagonally, or otherwise,
without assistance by the player. The use of a skill stop is not
considered assistance by the player.
(4) It is a video game machine or device operated for
consideration to play poker, blackjack, any other card game,
keno, or any simulation or variation of these games, including
any game in which numerals, numbers, or pictures,
representations, or symbols are used as an equivalent or
substitute for the cards used in these games.
The term does not include a toy crane machine or any other device
played for amusement that rewards a player exclusively with a toy, a
novelty, candy, other noncash merchandise, or a ticket or coupon
redeemable for a toy, a novelty, or other noncash merchandise that has
a wholesale value of not more than the lesser of ten (10) times the
amount charged to play the amusement device one (1) time or
twenty-five dollars ($25).
(c) "Gain" means the direct realization of winnings.
(d) "Gambling" means risking money or other property for gain,
contingent in whole or in part upon lot, chance, or the operation of a
gambling device, but it does not include participating in:
(1) bona fide contests of skill, speed, strength, or endurance in
which awards are made only to entrants or the owners of entries;
or
(2) bona fide business transactions that are valid under the law of
contracts.
(e) "Gambling device" means:
(1) a mechanism by the operation of which a right to money or
other property may be credited, in return for consideration, as the
result of the operation of an element of chance;
(2) a mechanism that, when operated for a consideration, does not
return the same value or property for the same consideration upon
each operation;
(3) a mechanism, furniture, fixture, construction, or installation
designed primarily for use in connection with professional
gambling;
(4) a policy ticket or wheel; or
(5) a subassembly or essential part designed or intended for use
in connection with such a device, mechanism, furniture, fixture,
construction, or installation.
In the application of this definition, an immediate and unrecorded right
to replay mechanically conferred on players of pinball machines and
similar amusement devices is presumed to be without value.
(f) "Gambling information" means:
(1) a communication with respect to a wager made in the course
of professional gambling; or
(2) information intended to be used for professional gambling.
(g) "Interactive computer service" means an Internet service, an
information service, a system, or an access software provider that
provides or enables computer access to a computer served by multiple
users. The term includes the following:
(1) A service or system that provides access or is an intermediary
to the Internet.
(2) A system operated or services offered by a library, school,
state educational institution, (as defined in IC 20-12-0.5-1), or
private college or university. postsecondary educational
institution.
(h) "Operator" means a person who owns, maintains, or operates an
Internet site that is used for interactive gambling.
(i) "Profit" means a realized or unrealized benefit (other than a gain)
and includes benefits from proprietorship or management and unequal
advantage in a series of transactions.
(j) "Tournament" means a contest in which:
(1) the consideration to enter the contest may take the form of a
separate entry fee or the deposit of the required consideration to
play in any manner accepted by the:
(A) video golf machine; or
(B) pinball machine or similar amusement device described in
subsection (m)(2);
on which the entrant will compete;
(2) each player's score is recorded; and
(3) the contest winner and other prize winners are determined by
objectively comparing the recorded scores of the competing
players.
(k) "Toy crane machine" means a device that is used to lift prizes
from an enclosed space by manipulating a mechanical claw.
(l) For purposes of this chapter:
(1) a card game; or
(2) an electronic version of a card game;
is a game of chance and may not be considered a bona fide contest of
skill.
(m) In the application of the definition of gambling set forth in
subsection (d), the payment of consideration to participate in a
tournament conducted on:
(1) video golf games; or
(2) pinball machines and similar amusement devices that award
no prizes other than to mechanically confer an immediate and
unrecorded right to replay on players that is presumed to be
without value under this section;
is not considered gambling even if the value of a prize awarded in the
course of the tournament exceeds the amount of the player's
consideration.
under IC 23-2-1. IC 23-19.
(2) A violation of IC 35-45-9.
(3) A violation of IC 35-47.
(4) A violation of IC 35-49-3.
(5) Murder (IC 35-42-1-1).
(6) Battery as a Class C felony (IC 35-42-2-1).
(7) Kidnapping (IC 35-42-3-2).
(8) Human and sexual trafficking crimes (IC 35-42-3.5).
(9) Child exploitation (IC 35-42-4-4).
(10) Robbery (IC 35-42-5-1).
(11) Carjacking (IC 35-42-5-2).
(12) Arson (IC 35-43-1-1).
(13) Burglary (IC 35-43-2-1).
(14) Theft (IC 35-43-4-2).
(15) Receiving stolen property (IC 35-43-4-2).
(16) Forgery (IC 35-43-5-2).
(17) Fraud (IC 35-43-5-4(1) through IC 35-43-5-4(9)).
IC 35-43-5-4(10)).
(18) Bribery (IC 35-44-1-1).
(19) Official misconduct (IC 35-44-1-2).
(20) Conflict of interest (IC 35-44-1-3).
(21) Perjury (IC 35-44-2-1).
(22) Obstruction of justice (IC 35-44-3-4).
(23) Intimidation (IC 35-45-2-1).
(24) Promoting prostitution (IC 35-45-4-4).
(25) Professional gambling (IC 35-45-5-3).
(26) Maintaining a professional gambling site
(IC 35-45-5-3.5(b)).
(25) (27) Promoting professional gambling (IC 35-45-5-4).
(26) (28) Dealing in or manufacturing cocaine or a narcotic drug
(IC 35-48-4-1).
(27) (29) Dealing in or manufacturing methamphetamine
(IC 35-48-4-1.1).
(28) (30) Dealing in a schedule I, II, or III controlled substance
(IC 35-48-4-2).
(29) (31) Dealing in a schedule IV controlled substance
(IC 35-48-4-3).
(30) (32) Dealing in a schedule V controlled substance
(IC 35-48-4-4).
(31) (33) Dealing in marijuana, hash oil, or hashish
(IC 35-48-4-10).
(32) (34) Money laundering (IC 35-45-15-5).
fees prescribed and collected under this section supersede all other
recording fees required by law to be charged for services rendered by
the county recorder.
(b) The county recorder shall charge the following:
(1) Six dollars ($6) for the first page and two dollars ($2) for each
additional page of any document the recorder records if the pages
are not larger than eight and one-half (8 1/2) inches by fourteen
(14) inches.
(2) Fifteen dollars ($15) for the first page and five dollars ($5) for
each additional page of any document the recorder records, if the
pages are larger than eight and one-half (8 1/2) inches by fourteen
(14) inches.
(3) For attesting to the release, partial release, or assignment of
any mortgage, judgment, lien, or oil and gas lease contained on a
multiple transaction document, the fee for each transaction after
the first is the amount provided in subdivision (1) plus the amount
provided in subdivision (4) and one dollar ($1) for marginal
mortgage assignments or marginal mortgage releases.
(4) One dollar ($1) for each cross-reference of a recorded
document.
(5) One dollar ($1) per page not larger than eight and one-half
(8 1/2) inches by fourteen (14) inches for furnishing copies of
records and two dollars ($2) per page that is larger than eight and
one-half (8 1/2) inches by fourteen (14) inches.
(6) Five dollars ($5) for acknowledging or certifying to a
document.
(7) Five dollars ($5) for each deed the recorder records, in
addition to other fees for deeds, for the county surveyor's corner
perpetuation fund for use as provided in IC 21-47-3-3 or
IC 36-2-12-11(e).
(8) A fee in an amount authorized under IC 5-14-3-8 for
transmitting a copy of a document by facsimile machine.
(9) A fee in an amount authorized by an ordinance adopted by the
county legislative body for duplicating a computer tape, a
computer disk, an optical disk, microfilm, or similar media. This
fee may not cover making a handwritten copy or a photocopy or
using xerography or a duplicating machine.
(10) A supplemental fee of three dollars ($3) for recording a
document that is paid at the time of recording. The fee under this
subdivision is in addition to other fees provided by law for
recording a document.
(11) Three dollars ($3) for each mortgage on real estate recorded,
in addition to other fees required by this section, distributed as
follows:
(A) Fifty cents ($0.50) is to be deposited in the recorder's
record perpetuation fund.
(B) Two dollars and fifty cents ($2.50) is to be distributed to
the auditor of state on or before June 20 and December 20 of
each year as provided in IC 24-9-9-3.
(12) This subdivision applies in a county only if at least one (1)
unit in the county has established an affordable housing fund
under IC 5-20-5-15.5 and the county fiscal body adopts an
ordinance authorizing the fee described in this subdivision. An
ordinance adopted under this subdivision may authorize the
county recorder to charge a fee of:
(A) two dollars and fifty cents ($2.50) for the first page; and
(B) one dollar ($1) for each additional page;
of each document the recorder records.
(13) This subdivision applies in a county containing a
consolidated city that has established a housing trust fund under
IC 36-7-15.1-35.5(e). The county fiscal body may adopt an
ordinance authorizing the fee described in this subdivision. An
ordinance adopted under this subdivision may authorize the
county recorder to charge a fee of:
(A) two dollars and fifty cents ($2.50) for the first page; and
(B) one dollar ($1) for each additional page;
of each document the recorder records.
(c) The county recorder shall charge a two dollar ($2) county
identification security protection fee for recording or filing a document.
This fee shall be deposited under IC 36-2-7.5-6.
(d) The county treasurer shall establish a recorder's records
perpetuation fund. All revenue received under section 10.1 of this
chapter and subsection (b)(5), (b)(8), (b)(9), and (b)(10), and fifty
cents ($0.50) from revenue received under subsection (b)(11), shall be
deposited in this fund. The county recorder may use any money in this
fund without appropriation for the preservation of records and the
improvement of record keeping systems and equipment. Money from
the fund may not be deposited or transferred into the county general
fund and does not revert to the county general fund at the end of a
fiscal year.
(e) As used in this section, "record" or "recording" includes the
functions of recording, filing, and filing for record.
(f) The county recorder shall post the fees set forth in subsection (b)
in a prominent place within the county recorder's office where the fee
schedule will be readily accessible to the public.
(g) The county recorder may not tax or collect any fee for:
(1) recording an official bond of a public officer, a deputy, an
appointee, or an employee; or
(2) performing any service under any of the following:
(A) IC 6-1.1-22-2(c).
(B) IC 8-23-7.
(C) IC 8-23-23.
(D) IC 10-17-2-3.
(E) IC 10-17-3-2.
(F) IC 12-14-13.
(G) IC 12-14-16.
(h) The state and its agencies and instrumentalities are required to
pay the recording fees and charges that this section prescribes.
(i) This subsection applies to a county other than a county
containing a consolidated city. The county treasurer shall distribute
money collected by the county recorder under subsection (b)(12) as
follows:
(1) Sixty percent (60%) of the money collected by the county
recorder under subsection (b)(12) shall be distributed to the units
in the county that have established an affordable housing fund
under IC 5-20-5-15.5 for deposit in the fund. The amount to be
distributed to a unit is the amount available for distribution
multiplied by a fraction. The numerator of the fraction is the
population of the unit. The denominator of the fraction is the
population of all units in the county that have established an
affordable housing fund. The population to be used for a county
that establishes an affordable housing fund is the population of
the county outside any city or town that has established an
affordable housing fund.
(2) Forty percent (40%) of the money collected by the county
recorder under subsection (b)(12) shall be distributed to the
treasurer of state for deposit in the affordable housing and
community development fund established under IC 5-20-4-7 for
the purposes of the fund.
Money shall be distributed under this subsection before the sixteenth
day of the month following the month in which the money is collected
from the county recorder.
(j) This subsection applies to a county described in subsection
(b)(13). The county treasurer shall distribute money collected by the
county recorder under subsection (b)(13) as follows:
(1) Sixty percent (60%) of the money collected by the county
recorder under subsection (b)(13) shall be deposited in the
housing trust fund established under IC 36-7-15.1-35.5(e) for the
purposes of the fund.
(2) Forty percent (40%) of the money collected by the county
recorder under subsection (b)(13) shall be distributed to the
treasurer of state for deposit in the affordable housing and
community development fund established under IC 5-20-4-7 for
the purposes of the fund.
Money shall be distributed under this subsection before the sixteenth
day of the month following the month in which the money is collected
from the county recorder.
investigatory record with the same confidentiality as the law
enforcement agency would treat the investigatory record.
(c) Notwithstanding any other provision of this section, a coroner
shall make available a full copy of an autopsy report, other than a
photograph, a video recording, or an audio recording of the autopsy,
upon the written request of the a parent of the decedent, an adult child
of the decedent, a next of kin of the decedent, or of an insurance
company investigating a claim arising from the death of the individual
upon whom the autopsy was performed. The A parent of the decedent,
an adult child of the decedent, a next of kin of the decedent, and an
insurance company is are prohibited from publicly disclosing any
information contained in the report beyond that information that may
otherwise be disclosed by a coroner under this section. This prohibition
does not apply to information disclosed in communications in
conjunction with the investigation, settlement, or payment of the claim.
(d) Notwithstanding any other provision of this section, a coroner
shall make available a full copy of an autopsy report, other than a
photograph, a video recording, or an audio recording of the autopsy,
upon the written request of:
(1) the director of the division of disability and rehabilitative
services established by IC 12-9-1-1;
(2) the director of the division of mental health and addiction
established by IC 12-21-1-1; or
(3) the director of the division of aging established by
IC 12-9.1-1-1;
in connection with a division's review of the circumstances surrounding
the death of an individual who received services from a division or
through a division at the time of the individual's death.
(e) Notwithstanding any other provision of this section, a coroner
shall make available, upon written request, a full copy of an autopsy
report, including a photograph, a video recording, or an audio
recording of the autopsy, to:
(1) the department of child services established by IC 31-25-1-1,
including an office of the department located in the county where
the death occurred;
(2) the statewide child fatality review committee established by
IC 31-33-25-6; or
(3) a county child fatality review team or regional child fatality
review team established under IC 31-33-24-6 by the county or for
the county where the death occurred;
for purposes of an entity the entities described in subdivisions (1)
through (3) conducting a review or an investigation of the
circumstances surrounding the death of a child (as defined in
IC 31-9-2-13(d)(1)) and making a determination as to whether the
death of the child was a result of abuse, abandonment, or neglect. (f)
An autopsy report made available under this subsection (e) is
confidential and shall not be disclosed to another individual or agency,
unless otherwise authorized or required by law.
(f) Except as provided in subsection (g), the information required
to be available under subsection (a) must be completed not later than
fourteen (14) days after the completion of:
(1) the autopsy report; or
(2) if applicable, any other report, including a toxicology report,
requested by the coroner as part of the coroner's investigation;
whichever is completed last.
(g) The prosecuting attorney may petition a circuit or superior
court for an order prohibiting the coroner from publicly disclosing the
information required in subsection (a). The prosecuting attorney shall
serve a copy of the petition on the coroner.
(h) Upon receipt of a copy of the petition described in subsection
(g), the coroner shall keep the information confidential until the court
rules on the petition.
(i) The court shall grant a petition filed under subsection (g) if the
prosecuting attorney proves by a preponderance of the evidence that
public access or dissemination of the information specified in
subsection (a) would create a significant risk of harm to the criminal
investigation of the death. The court shall state in the order the
reasons for granting or denying the petition. An order issued under
this subsection must use the least restrictive means and duration
possible when restricting access to the information. Information to
which access is restricted under this subsection is confidential.
(j) Any person may petition the court to modify or terminate an
order issued under subsection (i). The petition for modification or
termination must allege facts demonstrating that:
(1) the public interest will be served by allowing access; and
(2) access to the information specified in subsection (a) would not
create a significant risk to the criminal investigation of the death.
The person petitioning the court for modification or termination shall
serve a copy of the petition on the prosecuting attorney and the
coroner.
(k) Upon receipt of a petition for modification or termination filed
under subsection (j), the court may:
(1) summarily grant, modify, or dismiss the petition; or
(2) set the matter for hearing.
If the court sets the matter for hearing, upon the motion of any party
or upon the court's own motion, the court may close the hearing to the
public.
(l) If the person filing the petition for modification or termination
proves by a preponderance of the evidence that:
(1) the public interest will be served by allowing access; and
(2) access to the information specified in subsection (a) would not
create a significant risk to the criminal investigation of the death;
the court shall modify or terminate its order restricting access to the
information. In ruling on a request under this subsection, the court
shall state the court's reasons for granting or denying the request.
(b) that involves crime scenes and evidence preservation must be
approved by a law enforcement officer.
(f) The coroners training board shall issue a coroner or deputy
coroner a certificate upon successful completion of the courses
described in subsections (a) and (b).
finding that:
(1) the failure of the coroner or deputy coroner to complete the
respective training requirements under subsections (a), (b), and
(c) is the result of unusual circumstances;
(2) the coroner or deputy coroner is making reasonable progress,
under the circumstances, toward completing the respective
training requirements under subsections (a), (b), and (c); and
(3) in light of the unusual circumstances described in subdivision
(1), withholding the paycheck of the coroner or deputy coroner
would be unjust.
(f) If the county executive or city-county council orders an auditor
to withhold a paycheck under subsection (e) and a coroner or deputy
coroner later presents a certificate or other evidence to the county
executive or city-county council that the coroner or deputy coroner has
successfully completed training required under subsection (a), (b), or
(c), the county executive or city-county council shall order the auditor
to release all of the coroner's or deputy coroner's paychecks that were
withheld from the coroner or deputy coroner.
SECTION 117, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 1. (a) Except as provided in
subsection (f), a township assessor shall be elected under IC 3-10-2-13
by the voters of each township having:
(1) a population of more than eight thousand (8,000); or
(2) an elected township assessor or the authority to elect a
township assessor before January 1, 1979.
(b) Except as provided in subsection (f), a township assessor shall
be elected under IC 3-10-2-14 in each township having a population of
more than five thousand (5,000) but not more than eight thousand
(8,000) if:
(1) the legislative body of the township, (1) by resolution,
declares that the office of township assessor is necessary; and
(2) the resolution is filed with the county election board not later
than the first date that a declaration of candidacy may be filed
under IC 3-8-2.
(c) Except as provided in subsection (f), a township government that
is created by merger under IC 36-6-1.5 shall elect only one (1)
township assessor under this section.
(d) The township assessor must reside within the township as
provided in Article 6, Section 6 of the Constitution of the State of
Indiana. The assessor forfeits office if the assessor ceases to be a
resident of the township.
(e) The term of office of a township assessor is four (4) years,
beginning January 1 after election and continuing until a successor is
elected and qualified. However, the term of office of a township
assessor elected at a general election in which no other township
officer is elected ends on December 31 after the next election in which
any other township officer is elected.
(f) A person who runs for the office of township assessor in an
election after June 30, 2008, is subject to IC 3-8-1-23.5. IC 3-8-1-23.6.
research and development or testing facility on an active United
States government military base or other military installation
located within, or in the vicinity of, the proposed certified
technology park, as evidenced by the following criteria:
(A) Grants of preferences for access to and commercialization
of intellectual property.
(B) Access to laboratory and other facilities owned by or under
the control of the postsecondary educational institution or
private research based institute.
(C) Donations of services.
(D) Access to telecommunications facilities and other
infrastructure.
(E) Financial commitments.
(F) Access to faculty, staff, and students.
(G) Opportunities for adjunct faculty and other types of staff
arrangements or affiliations.
(H) Other criteria considered appropriate by the Indiana
economic development corporation.
(2) A demonstration of a significant commitment by the
postsecondary educational institution, private research based
institute, or military research and development or testing facility
on an active United States government military base or other
military installation to the commercialization of research
produced at the certified technology park, as evidenced by the
intellectual property and, if applicable, tenure policies that reward
faculty and staff for commercialization and collaboration with
private businesses.
(3) A demonstration that the proposed certified technology park
will be developed to take advantage of the unique characteristics
and specialties offered by the public and private resources
available in the area in which the proposed certified technology
park will be located.
(4) The existence of or proposed development of a business
incubator within the proposed certified technology park that
exhibits the following types of resources and organization:
(A) Significant financial and other types of support from the
public or private resources in the area in which the proposed
certified technology park will be located.
(B) A business plan exhibiting the economic utilization and
availability of resources and a likelihood of successful
development of technologies and research into viable business
enterprises.
maintain the confidentiality of any information that is:
(1) is submitted as part of the review process under subsection
(c); and
(2) marked as confidential;
by the certified technology park.
each tax statement also deliver to each taxpayer in a certified
technology park who is entitled to the additional credit under
subsection (a) a notice of additional credit. The actual dollar amount of
the credit, the taxpayer's name and address, and the tax statement to
which the credit applies must be stated on the notice.
(d) Notwithstanding any other law, a taxpayer in a certified
technology park is not entitled to a credit for property tax replacement
under IC 6-1.1-21-5.
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 16. (a) A volunteer fire department that
provides service within a jurisdiction served by the department may
establish a schedule of charges for the services that the department
provides not to exceed the state fire marshal's recommended schedule
for services. The volunteer fire department or its agent may collect a
service charge according to this schedule from the owner of property
that receives service if the following conditions are met:
(1) At the following times, the department gives notice under
IC 5-3-1-4(d) in each political subdivision served by the
department of the amount of the service charge for each service
that the department provides:
(A) Before the schedule of service charges is initiated.
(B) When there is a change in the amount of a service charge.
(2) The property owner has not sent written notice to the
department to refuse service by the department to the owner's
property.
(3) The bill for payment of the service charge:
(A) is submitted to the property owner in writing within thirty
(30) days after the services are provided; and
(B) includes a copy of a fire incident report in the form
prescribed by the state fire marshal, if the service was
provided for an event that requires a fire incident report.
(b) A volunteer fire department shall use the revenue collected from
the fire service charges under this section: for:
(1) for the purchase of equipment, buildings, and property for
firefighting, fire protection, or other emergency services;
(2) for deposit in the township firefighting fund established under
IC 36-8-13-4; or
(3) to pay principal and interest on a loan made by the department
of homeland security established by IC 10-19-2-1 or a division of
the department for the purchase of new or used firefighting and
other emergency equipment or apparatus.
(c) If at least twenty-five percent (25%) of the money received by a
volunteer fire department for providing fire protection or emergency
services is received under one (1) or more contracts with one (1) or
more political subdivisions (as defined in IC 34-6-2-110), the
legislative body of a contracting political subdivision must approve the
schedule of service charges established under subsection (a) before the
schedule of service charges is initiated in that political subdivision.
(d) A volunteer fire department that:
(1) has contracted with a political subdivision to provide fire
protection or emergency services; and
(2) charges for services under this section;
must submit a report to the legislative body of the political subdivision
before April 1 of each year indicating the amount of service charges
collected during the previous calendar year and how those funds have
been expended.
(e) The state fire marshal shall annually prepare and publish a
recommended schedule of service charges for fire protection services.
(f) The volunteer fire department or its agent may maintain a civil
action to recover an unpaid service charge under this section.
district.
(d) If a unit by ordinance or resolution joins the district or elects to
have its public safety agencies served by the district, the local
government tax control board (before January 1, 2009) or the county
board of tax and capital projects review (after December 31, 2008)
shall reduce the maximum permissible ad valorem property tax levy of
the unit for property taxes first due and payable during the year after
the adoption of the ordinance or resolution. The reduction shall be
based on the amount budgeted by the unit for public safety
communication services in the year in which the ordinance was
adopted. If such an ordinance or resolution is adopted, the district shall
refer its proposed budget, ad valorem property tax levy, and property
tax rate for the following year to the board, which shall review and set
the budget, levy, and rate as though the district were covered by
IC 6-1.1-18.5-7.
(e) If a unit by ordinance or resolution withdraws from the district
or rescinds its election to have its public safety agencies served by the
district, the local government tax control board (before January 1,
2009) or the county board of tax and capital projects review (after
December 31, 2008) shall reduce the maximum permissible ad valorem
property tax levy of the district for property taxes first due and payable
during the year after the adoption of the ordinance or resolution. The
reduction shall be based on the amounts being levied by the district
within that unit. If such an ordinance or resolution is adopted, the unit
shall refer its proposed budget, ad valorem property tax levy, and
property tax rate for public safety communication services to the board,
which shall review and set the budget, levy, and rate as though the unit
were covered by IC 6-1.1-18.5-7.
(f) The adjustments provided for in subsections (c), (d), and (e) do
not apply to a district or unit located in a particular county if the county
fiscal body of that county does not impose an ad valorem property tax
levy under subsection (a) to fund the operation of the district.
(g) A county that has adopted an ordinance under section 1(3) of
this chapter may not impose an ad valorem property tax levy on
property within the district to fund the operation or implementation of
the district.
to exercise its rights under this chapter.
(b) Notwithstanding subsection (a), an employer may elect to meet
and confer and enter into an agreement under section 12 of this chapter
even if the employer did not receive a written notice from an exclusive
recognized representative.
(c) Notwithstanding any other provision of this chapter, an
employer may elect to terminate its duty to meet and confer with an
exclusive recognized representative under this chapter if:
(1) after meeting and conferring with the exclusive recognized
representative under section 12 of this chapter, the employer and
the exclusive recognized representative are unable to reach a
written agreement under this chapter; and
(2) at least fifty percent (50%) of the members of the legislative
body of the employer vote to terminate the employer's duty to
meet and confer with the exclusive recognized representative
under this chapter and written notice of the action of the
legislative body is given to the exclusive recognized
representative.
(d) An exclusive recognized representative that receives a
termination notice from an employer under subsection (c)(2) must wait
at least one (1) year after the date the exclusive recognized
representative receives the notice to notify the employer of the
exclusive recognized representative's election under subsection (a) to
exercise its rights under this chapter.
this act, members initially appointed to the board under
IC 16-41-42-6(c)(3) and IC 16-41-42-6(c)(4), IC 16-41-42.2-5(c)(3)
and IC 16-41-42.2-5(c)(4), both as added by this act, are appointed for
a term of three (3) years.
(d) Notwithstanding IC 16-41-42-6, IC 16-41-42.2-5, as added by
this act, members initially appointed to the board under
IC 16-41-42-6(b)(4) and IC 16-41-42-6(c)(5), IC 16-41-42.2-5(b)(4)
and IC 16-41-42.2-5(c)(5), both as added by this act, are appointed for
a term of two (2) years.
(e) Notwithstanding IC 16-41-42-6, IC 16-41-42.2-5, as added by
this act, members initially appointed to the board under
IC 16-41-42-6(b)(2) and IC 16-41-42-6(b)(3), IC 16-41-42.2-5(b)(2)
and IC 16-41-42.2-5(b)(3), both as added by this act, are appointed for
a term of one (1) year.
(f) This SECTION expires July 1, 2011.