1997 Digest of Enactments
This publication contains the digest of each of the 97 Senate Bills, 2 Senate Joint Resolutions, and the 158 House Bills that have been sent to the Governor during the 1997 regular session of the Indiana General Assembly. It also contains the 71 Senate Concurrent Resolutions and 96 House Concurrent Resolutions adopted by the General Assembly. It is not a compilation of new laws because the Governor may choose to veto a bill that is presented to him. A public law supplement that lists public law numbers, governor actions, and noteworthy corrections will be prepared in mid May, 1997, or shortly after the First Regular Technical Session adjourns (if one is held under IC 2-2.1-1-3). This publication and the supplement replace the Digest of Acts formerly published by this Agency.
Two lists appear at the front of the publication. The lists group the bills by AUTHOR and by BILL NUMBER. An Indiana Code citations affected list and a subject index appear at the end of the publication.
The OBDAR staff compiled this publication as quickly as possible after bills were agreed upon by both chambers. However, as of this date some of these enrolled acts had not been presented to the Governor. Please excuse any errors that this expedited schedule may have caused. This publication is accessible at the General Assembly home page at http:\\www.state.in.us\legislative\index.html. The public law supplement will also be available at this address. Please let us have your comments and suggestions.
Kathleen Cash
George Angelone
Craig Mortell
Timothy Tyler
Irma Reinumägi
Christi Megna
Steven Wenning
Jody Hook
Anne Haley
Barry Brumer
Edward Kiernan
Lynette Mayfield
Ross Hooten
Doug Masson
James Jett
John Nixon
ADMINISTRATION
Michael Landwer, Director
Robert Rudolph, Deputy Director
Pamela Wonnell, Administrative Assistant
Angela Jewell, Office Secretary
Alderman HB 1949 Alcoholic beverage permits.
Alevizos HB 1109 Maintaining status as second class city.
Alevizos HB 1969 Elective office for ABC permittees.
Alevizos HB 1968 Interest in unclaimed property.
Avery HB 1587 University of Evansville real property.
Avery HB 1998 Accounting certification.
Avery HB 1141 Excess property levy appeals.
Avery HB 1223 Preadmission screening program.
Ayres HB 1520 Distribution of the Indiana Code.
Ayres HB 1301 Open burning exemption.
Ayres HB 1434 Park board member compensation.
Ayres HB 1433 State parks.
Ayres HB 1542 Various local government matters.
Bailey HB 1117 Liens for unpaid sewer bills.
Bailey HB 2013 Emergency rulemaking power.
Bailey HB 2014 Temporary license plates.
Bales HB 1339 Various solid waste matters.
Bales HB 1689 Indiana tourism council.
Bauer HB 1785 Fuel and aircraft excise taxes.
Bauer HB 1784 Various tax matters.
Bauer HB 1777 Property and income tax reductions.
Bauer HB 1781 Various tax matters.
Bauer HB 1783 Property taxation.
Becker HB 1671 Law enforcement animals.
Behning HB 1402 Osteopathic residency training and certification.
Behning HB 1404 Distribution of legislative publications.
Bischoff HB 1796 Landowner's right to hunt and fish.
Bischoff HB 1669 Trapping and handguns.
Bosma HB 1730 Various environmental matters.
Bosma HB 1728 Nuisance actions.
Bottorff HB 1714 Fire protection and vehicle inspection.
Buck HB 1160 Loss of a fetus.
Budak HB 1807 Paternity and visitation.
Budak HB 1468 Local government.
Buell HB 1510 Beech Grove property tax base.
Buell HB 1036 Retired public employees.
Burton HB 1265 Same sex marriage.
C. Brown HB 1300 Alzheimer's and dementia special care.
C. Brown HB 1298 Council on black and minority health.
C. Brown HB 1663 Grievance procedures for managed health care plans.
C. Brown HB 1661 School corporations.
Cook HB 1102 Vapor pressure testing.
Cook HB 1103 Motor carrier regulations.
Cook HB 1925 Evidence of intoxication.
Cook HB 1041 Kankakee River basin commission.
Cook HB 1929 Road test and motor vehicle registration.
Cook HB 1021 Drainage board per diem.
Cook HB 2016 Local infrastructure revolving fund.
Crawford HB 1570 Neighborhood assistance credit increase.
Crawford HB 1015 Minority teachers scholarship fund.
Crawford HB 1700 Release of mental health records.
Crawford HB 1182 Notarization of civil rights complaints. Crawford HB 1181 Lead hazard prevention.
Crawford HB 1177 Marion County taxes for capital improvements.
Crooks HB 1637 Utility regulatory commission.
Crooks HB 1636 Titles and dealer plates.
Crosby HB 1498 Mental health.
Crosby HB 1400 Parity for mental health coverage.
Davis HB 1096 Seizure of a biting animal.
Day HB 1425 Individual development accounts.
Dickinson HB 1006 Criminal history information for school employees.
Dobis HB 1845 State police holding elected office.
Dobis HB 1257 Offsite sales licenses for motor vehicle dealers.
Duncan HB 1081 Definition of autism.
Duncan HB 1255 Foster parent qualifications.
Espich HB 1875 Securities law.
Foley HB 1284 Various probate matters.
Frenz HB 1196 Roller skating rink liability.
Frenz HB 1202 County cemetery commission annual reports.
Friend HB 1686 Military base utility regulation.
Friend HB 1539 County auditor duties and immunity.
Frizzell HB 1185 Partial birth abortion.
Fry HB 1325 Corporate procedures, including mergers, of insurance companies.
Fry HB 1364 Insurance study committees.
Fry HB 1166 Indiana transportation finance authority powers.
Fry HB 1874 Various secretary of state provisions.
GiaQuinta HB 1079 Abandoned vehicles.
Goeglein HB 1487 Property tax collection procedures.
Grubb HB 1712 Powers of the commissioner of agriculture.
Grubb HB 1139 Mortgage releases.
Grubb HB 1915 Various agricultural matters.
Grubb HB 1251 Recreation and land management
Grubb HB 1232 Anatomical gifts.
Grubb HB 1072 City and town court judges.
Gulling HB 1826 County hospitals.
Hasler HB 1206 Vanderburgh County airport development zone.
Hasler HB 1865 Statewide 800 MHz public safety trunking system.
Heeke HB 1655 Powers of national banks authorized for state banks.
Kersey HB 1811 Local emergency planning committees.
Klinker HB 1961 Health and social work licensure.
Klinker HB 1921 DDARS services.
Klinker HB 1476 Public indecency and voyeurism.
Klinker HB 1589 Various adoption matters.
Klinker HB 1358 Indiana arts commission fund.
Klinker HB 1633 Historic preservation.
Klinker HB 1630 Assisted living facilities.
Kromkowski HB 1584 State administration.
Kromkowski HB 1387 Pension benefits.
Kromkowski HB 1844 Election law.
Kruse HB 1059 Parental liability for damages.
Kruse HB 1057 Jury fees.
Kruzan HB 1583 Environmental insurance.
Kruzan HB 1945 Enhanced access and digital signatures.
Kuzman HB 1992 Administrative orders and environmental matters.
L. Lutz HB 1150 Police and firefighter residency.
L. Lutz HB 1504 Definition of brandy.
Leuck HB 1277 Water resources study committee. Leuck HB 1829 Sales and use tax.
Leuck HB 1275 Precinct election officer.
Leuck HB 1501 Optional innkeeper's tax for White County.
Linder HB 1370 Public notices.
Linder HB 1369 Sewer and water utility deregulation.
Linder HB 1846 Oversized vehicles.
Lytle HB 1555 Port authority members.
Lytle HB 1536 Revises the cemetery law.
Lytle HB 1218 Eligibility for federal fish and wildlife funds.
Mahern HB 1775 Various matters concerning financial institutions.
Mangus HB 1171 Natural resources matters.
Marendt HB 2008 County police pensions.
Pond HB 1092 Mediation in dissolution actions.
Porter HB 1363 Twenty-first century scholars program.
Porter HB 1084 Machine guns.
Porter HB 2010 Community corrections.
Richardson HB 1322 Cicero and Jackson Township planning commission.
Ripley HB 1934 Maumee River basin commission.
Ruppel HB 1067 Parking for persons with disabilities; enforcement.
Ruppel HB 1406 Loan funds and gambling deposits.
Ruppel HB 1820 Per diem for TRF board members.
Scholer HB 1158 Public purchasing and contracting.
Scholer HB 1917 Regional water, sewage, and solid waste districts.
Steele HB 1230 Impersonation of a public servant.
Steele HB 1684 Breast reconstruction insurance coverage.
Stilwell HB 1344 Sewer, sanitation, and fire protection.
Stilwell HB 1345 Coal mining permits and certificates.
Summers HB 1273 Medicaid waivers.
T. Adams HB 1361 Police and firefighter pensions.
T. Adams HB 1575 Fire and building safety.
T. Brown HB 1597 Medicaid eligibility and asset disregard.
Tabaczynski HB 1619 State chartered savings associations.
Tabaczynski HB 1758 Consumer credit.
Tabaczynski HB 1241 Sale of life insurance by state financial institutions.
Tincher HB 1815 Deceptive sales.
Tincher HB 1814 Drug dealer liability.
Tincher HB 1734 Public retirement funds.
Torr HB 1051 Home health criminal background checks.
V. Smith HB 1045 Zoning affidavit for auto dealership license.
V. Smith HB 1611 Teacher licensing.
V. Smith HB 1044 Obsolete textbooks.
V. Smith HB 1711 Sewer fees.
V. Smith HB 1710 Commission on the social status of black males.
Villalpando HB 1677 Courts and legal education and services.
Villalpando HB 1431 Regulated amusement devices.
Villalpando HB 1678 Testimony of chiropractors.
Warner HB 1723 Educational proficiency statements.
Warner HB 1264 Industrial rail service fund.
Whetstone HB 1087 Nonresident pharmacies.
Whetstone HB 1085 Area plan commissions.
Wolkins HB 1541 Foundry sand and special waste.
Alexa SB 265 Unlawful solicitation of clients for attorneys.
Alexa SB 483 Solicitation of money from the public.
Borst SB 170 Income taxation of team athletes.
Bray SB 244 Defenses in criminal actions.
Bray SB 485 Habitual traffic offender.
Bray SB 305 Violation of financial responsibility law.
Bray SB 115 Appropriation to counties for court fees.
Dempsey SB 500 Prohibits use and distribution of nitrous oxide.
Dempsey SB 95 Out-of-state beer storage and delivery.
Ford SB 111 Access to high school student information.
Ford SB 66 Smoking in certain public buildings.
Gard SB 360 Environmental remediation.
Gard SB 359 Underground storage tanks and remediation.
Gard SB 340 Wastewater and drinking water loan programs.
Gard SB 413 Municipal electric joint agencies.
Gard SB 238 Regional transportation authorities.
Gard SB 319 Clean manufacturing and pollution prevention.
Gard SB 206 Air pollution permits.
Gard SB 163 Commission on intergovernmental relations.
Gard SB 297 Environmental rulemaking.
Gard SB 292 Rural electric membership cooperatives.
Harrison SB 327 Survivors' benefits.
Hume SB 467 Interstate jobs protection compact.
Hume SB 465 Group long term care insurance.
Hume SB 169 Waste tires.
Johnson SB 298 Community corrections advisory boards.
Johnson SB 200 Howard County innkeeper's tax.
K. Adams SB 18 Classified land.
Kenley SB 12 Deceptive commercial solicitations.
Kenley SB 8 Title 31 Recodification.
Kenley SB 7 Technical corrections.
Kenley SB 5 Title 31 Recodification.
Kenley SB 400 Coordination of child services.
Landske SB 139 Commuter rail and transportation study commission.
Landske SB 140 Annexation.
Lawson SB 31 Utility connections and land purchases.
Long SB 414 ABC permits for tennis clubs.
Lubbers SB 417 Inspection of commercial buses.
Meeks SB 124 Prepaid funeral services and merchandise.
Meeks SB 74 Hypnotists.
Meeks SB 191 Ethics education for insurance agents.
Meeks SB 472 State contracts.
Meeks SB 75 Work group on lake problems.
Meeks SB 41 Funding for local lake patrols.
Meeks SB 148 Energy cost savings contracts.
Meeks SB 217 Dissolution of conservancy districts.
Merritt SB 372 Birth certificates and infant mortality.
Merritt SB 418 Reuse area bonding.
Merritt SB 277 Motor vehicles; offenses and financial responsibility.
Merritt SB 226 Historical markers.
Miller SB 309 Mental health informed consent.
Miller SB 294 Medicaid emergency room reimbursement.
Miller SB 130 Consecutive sentencing.
Miller SB 135 Commission on the working poor.
Miller SB 131 Nonsuspendible sentence for aggravated battery. Miller SB 61 Sale of fetal tissue.
Miller SB 347 Professions and occupations.
Miller SB 185 Restricted psychology tests.
Mills SB 427 Electric utility competition and deregulation.
Mills SB 375 Tax credits for computer donations.
Mills SB 207 Administration of tuberculosis hospital fund.
Nugent SB 234 Uniform county innkeeper's tax.
Riegsecker SB 224 Family and social services evaluation.
Riegsecker SB 317 Developmental disabilities task force.
Riegsecker SB 76 Extend family and social services.
Riegsecker SB 316 Family support council.
Rogers SB 144 Sex offenders and sex crime victims.
Server SB 268 Local historic preservation commissions.
Server SB 396 County police pensions.
Simpson SB 178 Surplus computer hardware.
Simpson SB 410 Access by disabled persons to buildings.
Simpson SB 179 Sale of alcoholic beverages.
Simpson SB 477 Planning councils.
Simpson SB 478 Secondary material, infectious waste, and hazardous waste.
Simpson SB 173 Uniform bulk sales law.
Sipes SB 168 Protective orders.
Sipes SB 498 Surplus library materials.
Skillman SB 39 Battery against employees of penal facilities
Skillman SB 278 Urban enterprise zones.
Skillman SB 9 Public depositories and investments.
Skillman SB 10 Optical imaging of financial records.
Weatherwax SB 346 Public retirement funds and public employees.
Weatherwax SB 194 Local government finance study commission.
Wheeler SB 80 Historic preservation.
Wheeler SB 184 Insurance coverage for diabetes.
Wheeler SB 182 Professional licensing.
Wheeler SB 215 Landowner liability to recreational users.
Wolf SB 271 Telephone directory misrepresentation.
Worman SB 457 Investments of life insurance companies.
Worman SB 225 Coverage of newly born child.
Worman SB 228 Collision damage waiver for rental cars.
Worman SB 50 School reorganization.
Worman SB 13 Tattooing a minor.
Wyss SB 32 Alcoholic beverage permits.
Wyss SB 281 Allen superior court.
Wyss SB 405 Workforce development.
Wyss SB 404 Drug and alcohol programs.
HB 1006 Dickinson Criminal history information for school employees.
HB 1015 Crawford Minority teachers scholarship fund.
HB 1021 Cook Drainage board per diem.
HB 1036 Buell Retired public employees.
HB 1041 Cook Kankakee River basin commission.
HB 1044 V. Smith Obsolete textbooks.
HB 1045 V. Smith Zoning affidavit for auto dealership license.
HB 1051 Torr Home health criminal background checks.
HB 1057 Kruse Jury fees.
HB 1059 Kruse Parental liability for damages.
HB 1067 Ruppel Parking for persons with disabilities; enforcement.
HB 1072 Grubb City and town court judges.
HB 1079 GiaQuinta Abandoned vehicles.
HB 1081 Duncan Definition of autism.
HB 1084 Porter Machine guns.
HB 1085 Whetstone Area plan commissions.
HB 1087 Whetstone Nonresident pharmacies.
HB 1092 Pond Mediation in dissolution actions.
HB 1096 Davis Seizure of a biting animal.
HB 1102 Cook Vapor pressure testing.
HB 1103 Cook Motor carrier regulations.
HB 1109 Alevizos Maintaining status as second class city.
HB 1117 Bailey Liens for unpaid sewer bills.
HB 1139 Grubb Mortgage releases.
HB 1141 Avery Excess property levy appeals.
HB 1150 L. Lutz Police and firefighter residency.
HB 1158 Scholer Public purchasing and contracting.
HB 1160 Buck Loss of a fetus.
HB 1166 Fry Indiana transportation finance authority powers.
HB 1171 Mangus Natural resources matters.
HB 1177 Crawford Marion County taxes for capital improvements.
HB 1181 Crawford Lead hazard prevention.
HB 1182 Crawford Notarization of civil rights complaints.
HB 1185 Frizzell Partial birth abortion.
HB 1196 Frenz Roller skating rink liability.
HB 1202 Frenz County cemetery commission annual reports.
HB 1206 Hasler Vanderburgh County airport development zone.
HB 1218 Lytle Eligibility for federal fish and wildlife funds.
HB 1223 Avery Preadmission screening program.
HB 1230 Steele Impersonation of a public servant.
HB 1232 Grubb Anatomical gifts.
HB 1241 Tabaczynski Sale of life insurance by state financial institutions.
HB 1251 Grubb Recreation and land management
HB 1255 Duncan Foster parent qualifications.
HB 1257 Dobis Offsite sales licenses for motor vehicle dealers.
HB 1264 Warner Industrial rail service fund.
HB 1265 Burton Same sex marriage.
HB 1273 Summers Medicaid waivers.
HB 1275 Leuck Precinct election officer.
HB 1277 Leuck Water resources study committee. HB 1284 Foley Various probate matters.
HB 1298 C. Brown Council on black and minority health.
HB 1300 C. Brown Alzheimer's and dementia special care.
HB 1301 Ayres Open burning exemption.
HB 1322 Richardson Cicero and Jackson Township planning commission.
HB 1325 Fry Corporate procedures of insurance companies.
HB 1339 Bales Various solid waste matters.
HB 1344 Stilwell Sewer, sanitation, and fire protection.
HB 1345 Stilwell Coal mining permits and certificates.
HB 1358 Klinker Indiana arts commission fund.
HB 1361 T. Adams Police and firefighter pensions.
HB 1363 Porter Twenty-first century scholars program.
HB 1364 Fry Insurance study committees.
HB 1369 Linder Sewer and water utility deregulation.
HB 1370 Linder Public notices.
HB 1387 Kromkowski Pension benefits.
HB 1400 Crosby Parity for mental health coverage.
HB 1402 Behning Osteopathic residency training and certification.
HB 1404 Behning Distribution of legislative publications.
HB 1406 Ruppel Loan funds and gambling deposits.
HB 1425 Day Individual development accounts.
HB 1431 Villalpando Regulated amusement devices.
HB 1433 Ayres State parks.
HB 1434 Ayres Park board member compensation.
HB 1468 Budak Local government.
HB 1476 Klinker Public indecency and voyeurism.
HB 1487 Goeglein Property tax collection procedures.
HB 1498 Crosby Mental health.
HB 1501 Leuck Optional innkeeper's tax for White County.
HB 1504 L. Lutz Definition of brandy.
HB 1510 Buell Beech Grove property tax base.
HB 1520 Ayres Distribution of the Indiana Code.
HB 1536 Lytle Revises the cemetery law.
HB 1539 Friend County auditor duties and immunity.
HB 1541 Wolkins Foundry sand and special waste.
HB 1542 Ayres Various local government matters.
HB 1555 Lytle Port authority members.
HB 1570 Crawford Neighborhood assistance credit increase.
HB 1575 T. Adams Fire and building safety.
HB 1583 Kruzan Environmental insurance.
HB 1584 Kromkowski State administration.
HB 1587 Avery University of Evansville real property.
HB 1589 Klinker Various adoption matters.
HB 1597 T. Brown Medicaid eligibility and asset disregard.
HB 1611 V. Smith Teacher licensing.
HB 1619 Tabaczynski State chartered savings associations.
HB 1630 Klinker Assisted living facilities.
HB 1633 Klinker Historic preservation.
HB 1636 Crooks Titles and dealer plates.
HB 1637 Crooks Utility regulatory commission.
HB 1655 Heeke Powers of national banks authorized for state banks.
HB 1661 C. Brown School corporations.
HB 1663 C. Brown Grievance procedures for managed health care plans.
HB 1669 Bischoff Trapping and handguns.
HB 1671 Becker Law enforcement animals. HB 1677 Villalpando Courts and legal education and services.
HB 1678 Villalpando Testimony of chiropractors.
HB 1684 Steele Breast reconstruction insurance coverage.
HB 1686 Friend Military base utility regulation.
HB 1689 Bales Indiana tourism council.
HB 1700 Crawford Release of mental health records.
HB 1710 V. Smith Commission on the social status of black males.
HB 1711 V. Smith Sewer fees.
HB 1712 Grubb Powers of the commissioner of agriculture.
HB 1714 Bottorff Fire protection and vehicle inspection.
HB 1723 Warner Educational proficiency statements.
HB 1728 Bosma Nuisance actions.
HB 1730 Bosma Various environmental matters.
HB 1734 Tincher Public retirement funds.
HB 1758 Tabaczynski Consumer credit.
HB 1775 Mahern Various matters concerning financial institutions.
HB 1777 Bauer Property and income tax reductions.
HB 1781 Bauer Various tax matters.
HB 1783 Bauer Property taxation.
HB 1784 Bauer Various tax matters.
HB 1785 Bauer Fuel and aircraft excise taxes.
HB 1796 Bischoff Landowner's right to hunt and fish.
HB 1807 Budak Paternity and visitation.
HB 1811 Kersey Local emergency planning committees.
HB 1814 Tincher Drug dealer liability.
HB 1815 Tincher Deceptive sales.
HB 1820 Ruppel Per diem for TRF board members.
HB 1826 Gulling County hospitals.
HB 1829 Leuck Sales and use tax.
HB 1844 Kromkowski Election law.
HB 1845 Dobis State police holding elected office.
HB 1846 Linder Oversized vehicles.
HB 1865 Hasler Statewide 800 MHz public safety trunking system.
HB 1874 Fry Various secretary of state provisions.
HB 1875 Espich Securities law.
HB 1915 Grubb Various agricultural matters.
HB 1917 Scholer Regional water, sewage, and solid waste districts.
HB 1921 Klinker DDARS services.
HB 1925 Cook Evidence of intoxication.
HB 1929 Cook Road test and motor vehicle registration.
HB 1934 Ripley Maumee River basin commission.
HB 1945 Kruzan Enhanced access and digital signatures.
HB 1949 Alderman Alcoholic beverage permits.
HB 1961 Klinker Health and social work licensure.
HB 1968 Alevizos Interest in unclaimed property.
HB 1969 Alevizos Elective office for ABC permittees.
HB 1992 Kuzman Administrative orders and environmental matters.
HB 1998 Avery Accounting certification.
HB 2008 Marendt County police pensions.
HB 2010 Porter Community corrections.
HB 2013 Bailey Emergency rulemaking power.
HB 2014 Bailey Temporary license plates.
HB 2016 Cook Local infrastructure revolving fund.
SB 5 Kenley Title 31 Recodification.
SB 7 Kenley Technical corrections.
SB 8 Kenley Title 31 Recodification.
SB 9 Skillman Public depositories and investments.
SB 10 Skillman Optical imaging of financial records.
SB 12 Kenley Deceptive commercial solicitations.
SB 13 Worman Tattooing a minor.
SB 18 K. Adams Classified land.
SB 31 Lawson Utility connections and land purchases.
SB 32 Wyss Alcoholic beverage permits.
SB 39 Skillman Battery against employees of penal facilities
SB 41 Meeks Funding for local lake patrols.
SB 50 Worman School reorganization.
SB 61 Miller Sale of fetal tissue.
SB 66 Ford Smoking in certain public buildings.
SB 74 Meeks Hypnotists.
SB 75 Meeks Work group on lake problems.
SB 76 Riegsecker Extend family and social services.
SB 80 Wheeler Historic preservation.
SB 95 Dempsey Out-of-state beer storage and delivery.
SB 111 Ford Access to high school student information.
SB 115 Bray Appropriation to counties for court fees.
SB 124 Meeks Prepaid funeral services and merchandise.
SB 130 Miller Consecutive sentencing.
SB 131 Miller Nonsuspendible sentence for aggravated battery.
SB 135 Miller Commission on the working poor.
SB 139 Landske Commuter rail and transportation study commission.
SB 140 Landske Annexation.
SB 144 Rogers Sex offenders and sex crime victims.
SB 148 Meeks Energy cost savings contracts.
SB 163 Gard Commission on intergovernmental relations.
SB 168 Sipes Protective orders.
SB 169 Hume Waste tires.
SB 170 Borst Income taxation of team athletes.
SB 173 Simpson Uniform bulk sales law.
SB 178 Simpson Surplus computer hardware.
SB 179 Simpson Sale of alcoholic beverages.
SB 182 Wheeler Professional licensing.
SB 184 Wheeler Insurance coverage for diabetes.
SB 185 Miller Restricted psychology tests.
SB 191 Meeks Ethics education for insurance agents.
SB 194 Weatherwax Local government finance study commission.
SB 200 Johnson Howard County innkeeper's tax.
SB 206 Gard Air pollution permits.
SB 207 Mills Administration of tuberculosis hospital fund.
SB 215 Wheeler Landowner liability to recreational users.
SB 217 Meeks Dissolution of conservancy districts.
SB 224 Riegsecker Family and social services evaluation.
SB 225 Worman Coverage of newly born child.
SB 226 Merritt Historical markers.
SB 228 Worman Collision damage waiver for rental cars.
SB 234 Nugent Uniform county innkeeper's tax.
SB 238 Gard Regional transportation authorities.
SB 244 Bray Defenses in criminal actions.
SB 265 Alexa Unlawful solicitation of clients for attorneys. SB 268 Server Local historic preservation commissions.
SB 271 Wolf Telephone directory misrepresentation.
SB 277 Merritt Motor vehicles; offenses and financial responsibility.
SB 278 Skillman Urban enterprise zones.
SB 281 Wyss Allen superior court.
SB 292 Gard Rural electric membership cooperatives.
SB 294 Miller Medicaid emergency room reimbursement.
SB 297 Gard Environmental rulemaking.
SB 298 Johnson Community corrections advisory boards.
SB 305 Bray Violation of financial responsibility law.
SB 309 Miller Mental health informed consent.
SB 316 Riegsecker Family support council.
SB 317 Riegsecker Developmental disabilities task force.
SB 319 Gard Clean manufacturing and pollution prevention.
SB 327 Harrison Survivors' benefits.
SB 340 Gard Wastewater and drinking water loan programs.
SB 346 Weatherwax Public retirement funds and public employees.
SB 347 Miller Professions and occupations.
SB 359 Gard Underground storage tanks and remediation.
SB 360 Gard Environmental remediation.
SB 372 Merritt Birth certificates and infant mortality.
SB 375 Mills Tax credits for computer donations.
SB 396 Server County police pensions.
SB 400 Kenley Coordination of child services.
SB 404 Wyss Drug and alcohol programs.
SB 405 Wyss Workforce development.
SB 410 Simpson Access by disabled persons to buildings.
SB 413 Gard Municipal electric joint agencies.
SB 414 Long ABC permits for tennis clubs.
SB 417 Lubbers Inspection of commercial buses.
SB 418 Merritt Reuse area bonding.
SB 427 Mills Electric utility competition and deregulation.
SB 457 Worman Investments of life insurance companies.
SB 465 Hume Group long term care insurance.
SB 467 Hume Interstate jobs protection compact.
SB 472 Meeks State contracts.
SB 477 Simpson Planning councils.
SB 478 Simpson Secondary material, infectious waste, and hazardous waste.
SB 483 Alexa Solicitation of money from the public.
SB 485 Bray Habitual traffic offender.
SB 498 Sipes Surplus library materials.
SB 500 Dempsey Prohibits use and distribution of nitrous oxide.
HB 1006
Author(s): Dickinson; Budak; Dvorak; T. Adams
Sponsor(s): Server; Landske
Citations Affected: IC 20-5; IC 20-6.1; IC 20-9.1.
Effective: July 1, 1997.
Criminal history information for school employees. Requires a school corporation to adopt a policy concerning obtaining criminal history information for individuals who apply for: (1) noncertificated employment with the school corporation; or (2) employment with an entity that provides contractual services for a school corporation; if the individual's employment would place the individual in direct, ongoing contact with children. Allows a school corporation or contracting entity to use limited criminal history information relating to certain offenses as grounds for not hiring or making other decisions regarding the employment of a person if the information is relevant to the person's position with the school corporation or contracting entity. Requires an individual who is convicted of certain offenses while an employee of a school corporation or a contracting entity to notify the school corporation's governing body. Requires an individual who is seeking licensure or renewal of licensure as a teacher to provide criminal history information to the professional standards board. Restricts the release of criminal history information to a school corporation pertaining to an applicant to limited criminal history information. Provides that the school corporation's policy concerning obtaining limited criminal history information for certain employees may allow a school corporation to request limited criminal history information concerning each applicant for noncertificated employment before or not later than three months after the applicant's employment by the school corporation. (02)
HB 1015
Author(s): Crawford; Warner; Porter
Sponsor(s): Adams; Howard
Citations Affected: IC 20-12-21.7-8.
Effective: July 1, 1997.
Minority teachers scholarship fund. Provides that the order of priority in awarding scholarships from the minority teacher or special education services scholarship fund is as follows: (1) Minority students seeking a renewal scholarship. (2) Newly enrolling minority students. (3) Special education services students seeking a renewal scholarship. (4) Newly enrolling special education services students. (71)
HB 1021
Author(s): Cook
Sponsor(s): Skillman; Wolf
Citations Affected: IC 36-2-7-13.
Effective: July 1, 1997.
Drainage board per diem. Removes a provision that conflicts with another local government provision that allows members of the county executive who are county drainage board members a per diem in an amount fixed by the county fiscal body for work performed on the county drainage board. (87)
HB 1036
Author(s): Buell; Kromkowski
Sponsor(s): Harrison; Weatherwax; O'day; Craycraft
Citations Affected: IC 5-10; noncode.
Effective: July 1, 1996 (retroactive); upon passage.
Retired public employees. Sets limitations consistent with state constitutional requirements on public retirement fund investments. Makes technical changes to P.L.68-1995, which provided a supplemental thirteenth check benefit to certain retired public employees. (79)
HB 1041
Author(s): Cook; Ruppel; Leuck; Mangus
Sponsor(s): Landske; Alexa
Citations Affected: IC 14-30-1; noncode.
Effective: July 1, 1997.
Kankakee River basin commission. Provides that the Kankakee River basin commission is to include, from each county: (1) the county surveyor or an employee of the county surveyor appointed by the county surveyor to represent the county surveyor on the commission; (2) one member of the board of supervisors of the soil and water conservation district, appointed by the supervisors of the soil and water conservation district; and (3) one member appointed by the county executive. Provides that a vacancy in a commission member's position shall be filled through the appointment of a replacement by the appointing authority. Requires the commission to hold regular meetings at least bimonthly. Eliminates the authority of a member of the commission to vote by proxy. Requires the commission to expend money appropriated to the commission for the purpose for which the money was appropriated. (02)
HB 1044
Author(s): V. Smith; Robertson; Ayres
Sponsor(s): Miller; Rogers; Breaux
Citations Affected: IC 20-10.1.
Effective: July 1, 1997.
Obsolete textbooks. Requires a school corporation before mutilating or destroying textbooks that are no longer scheduled for use in the school corporation to provide one textbook at no cost to each parent having a student enrolled in the school corporation who wishes to receive a copy of the textbook, and, if any textbooks remain after the distribution to parents, a copy to each resident of the school corporation who wishes to receive a copy of the textbook. (02)
HB 1045
Author(s): V. Smith; Harris; Frizzell; Behning
Sponsor(s): Gard; Rogers; Randolph
Citations Affected: IC 9-23.
Effective: July 1, 1997.
Zoning affidavit for auto dealership license. Provides that when an automobile dealer in the city of Gary applies for an automobile dealer's license from the bureau of motor vehicles, the dealer must submit an affidavit from the local zoning authority stating that the real property where the dealership is to be located is zoned for that purpose. Requires an automobile dealer in Gary who is seeking a change of location for a dealership to submit a similar zoning affidavit for the proposed new location. (58)
HB 1051
Author(s): Torr; Grubb
Sponsor(s): Lubbers; Sipes; Landske; Zakas
Citations Affected: IC 16-27.
Effective: Upon passage.
Home health criminal background checks. Provides that a home health agency may not employ a person to work in a patient's or client's home for more than three business days unless the person who operates the home health agency applies for a copy of the employee's limited criminal history. Prohibits a home health agency from employing a person for more than 21 calendar days unless the home health agency receives a copy of the person's limited criminal history, unless the Indiana central repository for criminal history information is solely responsible for failing to timely provide the person's limited criminal history to the home health agency. (88)
HB 1057
Author(s): Kruse; Crooks; Stevenson; Frenz
Sponsor(s): Worman; Randolph; Washington
Citations Affected: IC 33-19.
Effective: July 1, 1997.
Jury fees. Increases the amount jurors are paid while serving to $15 per day and to $40 per day after the jury is impaneled. Removes the maximum limitation on the amount a county, city, or town may pay as a supplement to a juror's pay. Establishes the jury pay fund. Imposes a $2 court fee on criminal and civil actions, to be deposited into the jury pay fund. Increases by $2 the amount of the deferral program initial user's fee imposed in place of an infraction or ordinance violation costs fee upon agreement between the prosecuting attorney or municipal attorney and the person charged with a violation. Requires that the additional $2 be deposited in the jury pay fund.
(41)
HB 1059
Author(s): Kruse; D. Young
Sponsor(s): Meeks
Citations Affected: IC 34-4-31-1.
Effective: July 1, 1997.
Parental liability for damages. Increases a parent's liability for damages resulting from a child's acts from a maximum of $3,000 to a maximum of $5,000. (95)
HB 1067
Author(s): Ruppel; Stevenson; Kromkowski; Torr
Sponsor(s): Landske; Randolph; Johnson; Craycraft
Citations Affected: IC 5-16.
Effective: July 1, 1997.
Parking for persons with disabilities; enforcement. Establishes qualifications that persons must meet to be appointed as volunteers for purposes of issuing citations for violation of disabled parking statutes. Specifies that volunteers do not have powers of a law enforcement officer except those needed to enforce the laws concerning parking facilities for persons with physical disabilities. Specifies that a law enforcement agency that appoints a volunteer to enforce violations of disabled parking statutes may revoke the certificate issued to the volunteer, terminating the volunteer's enforcement powers. Requires a law enforcement agency to obtain the permission of the property owner or the property manager before a volunteer may issue a complaint and summons on the owner's property. Provides that a property owner is not liable for any property damage or personal injury resulting from the actions of a volunteer in issuing a complaint and summons. (71)
HB 1072
Author(s): Grubb
Sponsor(s): Bray; Alexa; Randolph
Citations Affected: IC 3-8; IC 33-10.1.
Effective: July 1, 1997.
City and town court judges. Requires a candidate for judge of a city court (other than a city court in St. Joseph County) to reside in the city when a declaration of candidacy is filed. (Current law applies this requirement only to candidates for city judge in second class cities.) Requires that the judge of any city or town court located in Lake County be an attorney. (Current law requires that judges of the East Chicago, Gary, and Hammond city courts be attorneys.) Allows a candidate for the office of city judge who is selected to fill a candidate vacancy to reside outside the city if the candidate resides in the county where the city is located. Removes a provision granting felony jurisdiction to certain city and town courts in Lake County, and limiting the amount of fine that these courts may impose. (41)
HB 1079
Author(s): GiaQuinta; Goeglein; Alevizos; Hasler
Sponsor(s): Long; Wyss
Citations Affected: IC 9-13; IC 9-22; IC 9-29.
Effective: July 1, 1997.
Abandoned vehicles. Specifies that a mechanically inoperable vehicle that is left on private property continuously in a location visible from public property for 20 days (instead of 30) is considered an abandoned vehicle if the vehicle is at least three model years old (instead of six model years old). Allows a municipality to adopt an ordinance that alters the permissible estimated value of an abandoned vehicle before it may be immediately disposed of in an automobile scrapyard. Increases the number of days from 15 to 20 in which the owner of a motor vehicle may claim the motor vehicle before it is determined to be abandoned and sold at an auction. (In Indianapolis or Marion county the owner of a motor vehicle has 15 days to claim the motor vehicle before it is determined to be abandoned and sold at auction.) Corrects an incorrect cross reference to the abandoned motor vehicle law. (89)
HB 1081
Author(s): Duncan; Summers
Sponsor(s): Worman; Bowser
Citations Affected: IC 12-7; IC 12-11.
Effective: July 1, 1997.
Definition of autism. Amends the definitions of "autistic" and "autism" to specify that the terms describe a disorder that is neurological. (76)
HB 1084
Author(s): Porter
Sponsor(s): Meeks
Citations Affected: IC 35-41-1-18.3.
Effective: July 1, 1997.
Machine guns. Provides that for purposes of criminal law, a machine gun is a weapon that: (1) shoots; or (2) can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. (69)
HB 1085
Author(s): Whetstone
Sponsor(s): Lawson
Citations Affected: IC 36-7-4-207.
Effective: July 1, 1997.
Area plan commissions. Provides that six county representatives shall be appointed to an area plan commission if the total number of municipal representatives is an odd number. Provides that five county representatives shall be appointed to an area plan commission if the total number of municipal representatives is an even number. (94)
HB 1087
Author(s): Whetstone; Grubb; Crooks
Sponsor(s): Gard; Washington
Citations Affected: IC 25-26.
Effective: July 1, 1997.
Nonresident pharmacies. Requires out-of-state pharmacies that dispense drugs or devises through the mail or other delivery services to patients in Indiana (nonresident pharmacies) to register in Indiana. Provides specific items a nonresident pharmacy must submit to the Indiana board of pharmacy to register. Requires nonresident pharmacies to keep distinct business records of Indiana transactions. Requires nonresident pharmacies to maintain a toll-free telephone service to facilitate communications with Indiana customers. Provides circumstances under which the Indiana board of pharmacy may deny, revoke, or suspend the registration of a nonresident pharmacy. Requires nonresident pharmacies to comply with the laws of the state in which it is domiciled. (93)
HB 1092
Author(s): Pond; GiaQuinta
Sponsor(s): Long; Alexa
Citations Affected: IC 31-1; noncode.
Effective: July 1, 1997.
Mediation in dissolution actions. Makes changes regarding dissolution actions, including the following: (1) Allows courts to refer to mediation actions for dissolution of marriage, separation, maintenance, child custody, visitation, support, property disposition, and other family law actions.(2) Requires the mediation process to be completed within 60 days, unless an extension of time is ordered by the court upon its own motion, upon recommendation of the mediator, or upon agreement of the parties. Specifies that an extension of time may not be agreed to beyond the date set for the final hearing. (3) Requires the court to place on the docket for final hearing a case that is ordered to mediation. (4) Requires the mediator to promptly file the mediation report upon completion of the mediation process. (5) Beginning January 1, 1998, and ending July 1, 2000, allows the filing fee for dissolution actions in the Allen circuit and superior courts to be increased from $100 to $120, upon approval by the Indiana judicial conference. Provides for the amount of the increased funds to be deposited into an alternative dispute resolution fund, administered by the circuit or superior court, to be used to foster mediation, reconciliation, parental counseling, and other forms of alternative dispute resolution. Requires litigants referred to services covered by the alternative dispute resolution fund to make a copayment for the services in an amount determined by the court. (41)
HB 1096
Author(s): Davis; Bischoff; Ripley; Stilwell
Sponsor(s): Jackman; Lawson; Nugent; R. Young
Citations Affected: IC 4-21.5-4-5; IC 15-2.1-6.
Effective: July 1, 1997.
Seizure of a biting animal. Provides that the state veterinarian, the local health officer having jurisdiction, or an individual designated by the state veterinarian or local health officer may: (1) order the confinement of any animal suspected of having rabies; (2) order the confinement of any animal that has bitten or otherwise exposed a person; (3) order the confinement and destruction of any animal showing clinical symptoms of rabies; or (4) order the confinement and destruction of any animal that has bitten or otherwise potentially exposed a person to rabies. Provides that any animal that has been bitten by another animal known or suspected to have rabies may be confined for a period of not more than 12 months. Requires the state veterinarian, the local health officer, or a designee of either to take specified actions upon receiving a report that an animal subject to an order is running at large. Provides that an order issued under the statute relating to the control of rabies is an emergency order for purposes of the administrative adjudication act. Provides that such an order does not expire. (55)
HB 1102
Author(s): Cook
Sponsor(s): Riegsecker
Citations Affected: IC 16-44.
Effective: July 1, 1997.
Vapor pressure testing. Amends certain provisions concerning state testing of petroleum product vapor pressure. (93)
HB 1103
Author(s): Cook
Sponsor(s): Riegsecker; Hume
Citations Affected: IC 8-2.1.
Effective: July 1, 1997.
Motor carrier regulations. Provides certain exemptions from federal motor carrier regulations to intrastate cargo tank vehicles with a capacity of not more than 5,400 gallons and for drivers transporting farm supplies intrastate during the planting and harvesting season. (71)
HB 1109
Author(s): Alevizos; Harris; Villalpando; D. Young
Sponsor(s): Ford; Bowser; Kenley
Citations Affected: IC 7.1-3-1-25; IC 36-4.
Effective: July 1, 1997.
Maintaining status as second class city. Allows a second class city to maintain second class city status after the city's population falls below the second class city population level, unless the city legislative body adopts third class city status by ordinance. Provides that a second class city may permit the retail sale of alcoholic beverages upon the premises of a stadium, exhibition hall, auditorium, theater, convention center, or civic center owned by the second class city if the governing board of the second class city applies for and secures the necessary permits. Requires that for Plainfield in Hendricks County to annex territory under IC 36-4-3-4.1, all of the territory to be annexed must be within the township in which Plainfield is located. (94)
HB 1117
Author(s): Bailey
Sponsor(s): Skillman; Randolph;
Citations Affected: IC 36-9.
Effective: July 1, 1997.
Liens for unpaid sewer bills. Provides for a quarterly listing of delinquent sewage fees to be made in order to place liens against the properties accruing the delinquent fees. (Current law provides for a semiannual listing.) Allows a fee or penalty for delinquent sewage fees of less than $40 to be written off. (89)
HB 1139
Author(s): Grubb; D. Young
Sponsor(s): Paul; McCarty
Citations Affected: IC 32-8-1-2.
Effective: July 1, 1997.
Mortgage releases. Provides that any mortgage holder or lien holder may be liable for a sum not exceeding $500 for failure to release the mortgage or lien after the debt and interest that the mortgage or lien secures have been paid. (Current law provides that only a mortgage holder or lien holder who resides within Indiana is liable for a sum not exceeding $500 for failure to release the mortgage or lien after the debt and interest that the mortgage or lien secures have been paid.). Specifies that an owner, a holder, or a custodian of the mortgage or lien who records the mortgage or lien in Indiana must submit to the jurisdiction of Indiana courts in certain actions that concern the mortgage or lien. (87)
HB 1141
Author(s): Avery; Becker; Hasler; L. Lutz
Sponsor(s): Server; O'day
Citations Affected: Noncode.
Effective: January 1, 1997 (retroactive).
Excess property levy appeals. Allows Armstrong Township of Vanderburgh County to appeal to the state board of tax commissioners to increase the maximum permissible levy of the township for three years for fire protection within the township. Allows the state board of tax commissioners to issue instructions concerning delays in the calculation and notice for the tax in the first year of the increase. Provides for an additional increase in the levy for the second year if a loan is taken to pay for fire protection services in the first year. Allows the township to transfer up to $18,000 from its general fund to its firefighting fund. (94)
HB 1150
Author(s): L. Lutz; T. Adams
Sponsor(s): Server
Citations Affected: IC 36-8.
Effective: January 1, 1999.
Police and firefighter residency. Requires a member of a police or fire department to reside within the county where the police or fire department is located or within a county contiguous to the county in which the police or fire department is located. Allows a municipality with a population of less than 7,500 to adopt an ordinance requiring a member of the municipality's police or fire department to: (1) reside within the county in which the municipality is located; (2) have adequate means of transportation into the municipality; and (3) maintain in the member's residence telephone service with the municipality. Allows a municipality with a population of less than 7,500 that adopted an ordinance before September 1, 1984, also to require a member of a police or fire department to reside within the municipality until the member has served in the department for five years. Prohibits a municipality with a population of less than 7,500 from adopting an ordinance that requires a member of the municipality's police or fire department to live within the county if the member lived outside of the county at the time the ordinance was adopted. (87)
HB 1158
Author(s): Scholer; Kruzan; Goeglein; Porter
Sponsor(s): Meeks; Skillman; R. Young; Howard
Citations Affected: Numerous provisions throughout the Indiana code.
Effective: July 1, 1997; July 1, 1998.
Public purchasing and contracting. Combines and revises the statutes governing the purchase of supplies by state and local governmental bodies, including provisions relating to: (1) governmental purchasing organizations; (2) specifications; (3) purchasing methods; (4) purchasing preferences; (5) qualifications of prospective contractors; (6) contract provisions; and (7) disposition of surplus government personal property. Repeals superseded statutes. Relocates other substantive statutes. Makes technical changes. (75)
HB 1160
Author(s): Buck; M. Young; Cook; Alderman; Steele; Kruse; Turner
Sponsor(s): Bray; Worman
Citations Affected: IC 35-41-1-25; IC 35-42-1; IC 35-50-2-9.
Effective: July 1, 1997.
Loss of a fetus. Provides that the loss of a fetus is a serious bodily injury for purposes of criminal law. Provides that a person who causes the loss of a fetus commits aggravated battery, a Class B felony. Provides that a person who knowingly or intentionally kills a fetus that has attained viability commits murder. Provides that a person who knowingly or intentionally kills a fetus that has attained viability while acting under sudden heat commits voluntary manslaughter, a Class B felony. Provides that a person who kills a fetus while committing or attempting to commit: (1) a Class C or Class D felony that inherently poses a risk of serious bodily injury; (2) a Class A misdemeanor that inherently poses a risk of serious bodily injury; or (3) battery commits involuntary manslaughter, a Class C felony. Makes the offense a Class D felony if it is results from the operation of a vehicle. Provides certain exceptions for legally performed abortions. Allows the fact that a victim of a murder was pregnant and the murder resulted in the intentional killing of a fetus that had attained viability to be used as an aggravating circumstance when determining if the defendant should receive a death sentence or a sentence of life imprisonment without parole. (41)
HB 1166
Author(s): Fry
Sponsor(s): Zakas; Riegsecker; Washington; Landske; K. Adams
Citations Affected: IC 8-15; IC 8-23.
Effective: July 1, 1997.
Indiana transportation finance authority powers. Allows the Indiana transportation finance authority, in cooperation with the Indiana department of transportation or a political subdivision, to construct or finance the construction of an arterial street that is located within ten miles of a toll road project, if the arterial street interchanges with a toll road project or intersects with a road or a street that interchanges with a toll road project. (Under current law, the arterial street must be located within four miles of a toll road project.) Designates part of Capital Avenue in or near Mishawaka as State Route 331. Provides that certain named funds must be exhausted before funds designated to the Indiana department of transportation may be used for construction or improvement of State Route 331. (75)
HB 1171
Author(s): Mangus; Bischoff; Frenz
Sponsor(s): Wheeler; Lewis
Citations Affected: IC 14-8; IC 14-15-6-1; IC 14-22-14; IC 14-32; noncode.
Effective: January 1, 1997 (retroactive); May 15, 1997; July 1, 1997.
Natural resources matters. (1) Repeals the law on the organization of soil and water conservation districts (SWCD) and the law on the dissolution of soil and water conservation districts. Establishes a new petition and election process for the dissolution of a SWCD or the reestablishment of a SWCD with new boundaries incorporating territory that was formerly part of another SWCD. Eliminates the requirement that an individual must be a landowner in order to file a petition or vote in an election concerning a SWCD. Provides that an individual may not become an elected supervisor of a SWCD unless the individual is an occupier of at least ten acres of land located within the SWCD and maintains a permanent residence within the SWCD. Provides that an individual may not become an appointed supervisor of a SWCD unless the individual is of voting age and maintains a permanent residence within the SWCD. Allows the annual meeting of a SWCD to be held at any time during the first quarter of the calendar year. Requires the supervisors of a SWCD to provide a copy of the annual report of the SWCD to the state soil conservation board. Provides that the members of the state soil conservation board elect the chairman. Provides that, in a legal action concerning a contract, proceeding, or action of a SWCD, a district's certificate of organization is admissible in evidence as proof of the filing and contents of the certificate and creates a presumption of the proper establishment of the SWCD. Makes additional changes in the law on SWCDs. (2) Provides that a certificate of inspection and registration of a boat that carries passengers for hire expires one calendar year after the date on which the boat was inspected. (3) Provides that holders of commercial fishing licenses may place a license on reserved status for an annual fee of $25. Provides that reserved commercial fishing licenses may not be used, merged, or transferred. Permits a person that has renewed a commercial fishing license for 1997 to receive a refund of the difference in the fee if the person changes the status from renewed to reserved. (4) Requires the department of natural resources to report to the house and senate natural resources committees on the status of yellow perch in Lake Michigan. (5) Requires the DNR to address the issue of the impact on local governments of the withdrawal of property from taxation under the heritage trust program by participating in oversight reviews and studies conducted by the legislative council's agricultural matters evaluation committee, the natural resources study committee, the heritage trust project committee, and the citizens' tax commission established by the governor. Requires the DNR to present a report on this subject to the general assembly not later than November 1, 1997. (55)
HB 1177
Author(s): Crawford
Sponsor(s): Borst; Howard
Citations Affected: IC 6-6; IC 6-9.
Effective: January 1, 1997 (retroactive); upon passage; July 1, 1997.
Marion County taxes for capital improvements. Allows the city-county council to increase the Marion County innkeeper's tax from 5% to 6% to use the increased revenue for the expansion of the Indiana Convention Center and RCA Dome. Allows the Marion County city-county council to impose the county admissions tax on all events held in a facility financed by public bonds or notes issued by the Marion County capital improvement board of managers or the Marion County convention and recreation facilities authority, except for events sponsored by educational institutions, religious organizations, or charitable organizations. Allows the Marion County city-county council to impose a county supplemental auto rental excise tax. Provides that the tax revenue shall be distributed to the Marion County capital improvement board. Sunsets the innkeeper's tax, admission tax, and lease rental surcharge provisions after 30 years. Allows the Marion County city-county council to impose a capital improvement board revenue replacement supplemental tax only to replace revenue lost as a result of the withdrawal by the consolidated city or the capital improvement board, from a contract providing another entity with the right to name a facility owned by the capital improvement board, the county convention and recreational facilities authority, or the consolidated city, in response to the entity displacing at least 500 jobs from the consolidated city or 1000 jobs from the state, if the council determines the revenue must be replaced. Provides the supplemental tax is an additional one percent on any one or combination of: (1) the innkeepers tax, (2) the admissions tax, or (3) the auto rental excise tax.
(51)
HB 1181
Author(s): Crawford
Sponsor(s): Server; Rogers
Citations Affected: IC 13-11; IC 13-17; IC 16-41.
Effective: Upon passage.
Lead hazard prevention. Requires the department of environmental management to establish a lead-based paint activities program to ensure that a person conducting lead-based paint activities in certain specified housing and child-occupied facilities does so in a manner that protects the health of the building's occupants, especially children six (6) years of age and younger. Requires a person who engages in lead- based paint activities to obtain a license from the department of environmental management. Prohibits a contractor from allowing an employee to engage in a lead-based paint activity without a license to do so. Requires the air pollution control board to adopt rules to implement lead abatement provisions. Provides that the air pollution control board may set fees as high as $150 per person per year for a lead-based paint activities license and $1,000 per year for a lead-based paint activities training course provider's license. Establishes the lead trust fund to pay the expenses of administering the laws pertaining to lead-based paint activities and costs related to implementing federal rules concerning lead-based paint activities. Provides for penalties that the department of environmental management may impose on contractors and other holders of lead-based paint activities licenses for failure to comply with specified requirements. Allows the state department of health to adopt rules to carry out a program to reduce lead poisoning throughout the state. (89)
HB 1182
Author(s): Crawford
Sponsor(s): Bray; Rogers
Citations Affected: IC 22-9.
Effective: July 1, 1997.
Notarization of civil rights complaints. Eliminates the requirement that a complaint filed with the civil rights commission be notarized. (90)
HB 1185
Author(s): Frizzell; Behning; Crooks; Dobis; M. Young
Sponsor(s): Miller; Nugent
Citations Affected: IC 16-18; IC 16-34.
Effective: July 1, 1997.
Partial birth abortion. Prohibits a person from performing a partial birth abortion unless a physician reasonably believes that: (1) the partial birth abortion is necessary to save the mother's life; and (2) no other medical procedure is sufficient to save the mother's life. Defines partial birth abortion as an abortion in which the person performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery. Makes it a Class C felony for a person to perform an unlawful partial birth abortion. Prohibits a woman who undergoes a partial birth abortion from being prosecuted. (76)
HB 1196
Author(s): Frenz; Whetstone; Torr
Sponsor(s): Worman; Lewis
Citations Affected: IC 34-4.
Effective: June 30, 1997; July 1, 1997.
Roller skating rink liability. Requires the operator of a roller skating rink to use reasonable in supervising roller skaters. Repeals the provision that would have caused the law that limits the liability for operators of roller skating rinks to expire on July 1, 1997. (93)
HB 1202
Author(s): Frenz; Gregg; Duncan; Saunders
Sponsor(s): Server
Citations Affected: IC 23-14-26-3.5.
Effective: July 1, 1997.
County cemetery commission annual reports. Requires each county cemetery commission to file an annual report with the Indiana historical bureau. (55)
HB 1206
Author(s): Hasler; Bauer; L. Lutz; Becker
Sponsor(s): Server; O'day
Citations Affected: IC 8-22; noncode.
Effective: July 1, 1997.
Vanderburgh County airport development zone. Changes the tax levy restriction for an airport authority cumulative building fund. Provides for the Vanderburgh county airport development zone. Provides that the airport development commission for Vanderburgh County is the board of the airport authority jointly established by the county and a municipality under IC 8-22-3. (IC 8-22-3 allows establishment of a local airport authority.) Limits the area of the airport development zone to the area of the airport plus a maximum three square mile area outside the boundary of the airport. Provides that an airport development project must be at least $500,000 if on airport property, and $2,000,000 if within the two mile extension area. Allows taxpayers in the Vanderburgh County airport development zone to receive property tax replacement credits for that portion of property taxes for which an inventory property tax credit is not allowed. Eliminates all enterprise zone tax benefits for the Vanderburgh County airport development zone except for inventory property tax credit. Requires the business to submit a proposal to the commission prior to receiving benefits. Also requires the approval of the city or county council before a business is entitled to receive benefits from the airport development zone. Adds enterprise zone restrictions against business relocation to airport development zones. Provides for the creation of a local hearing panel for termination of benefits for businesses that close other facilities in Indiana to enter the airport development zone. Provides that the airport development commission makes the final determination regarding termination of zone benefits. (94)
HB 1218
Author(s): Lytle; Crooks; Mangus; Hoffman
Sponsor(s): Lewis; Wheeler
Citations Affected: IC 14-22-33.
Effective: July 1, 1997.
Eligibility for federal fish and wildlife funds. Amends the laws assenting to federal aid for wildlife restoration projects and fisheries restoration projects to: (1) correct a reference to a federal official; and (2) authorize the use of money accruing to the state from license fees paid by hunters and anglers for the enforcement of laws concerning the taking, chasing, selling, and possession of animals. (55)
HB 1223
Author(s): Avery; T. Brown; C. Brown; Becker
Sponsor(s): Johnson; Hume; L.; Howard; Craycraft
Citations Affected: IC 12-10.
Effective: July 1, 1997.
Preadmission screening program. Requires that members of a preadmission screening team be allowed to communicate among themselves or between the screening team and the division of disabilities, aging, and rehabilitative services or the office of Medicaid policy and planning by facsimile and express mail as well as by standard mail. Provides that an Indiana resident may be temporarily admitted to a nursing home in Indiana if the resident has received treatment from and is begin discharged from a hospital located in another state, and if the resident will be participating in the preadmission screening program. Provides that an individual who resides in another state, who was admitted to an Indiana hospital immediately after receiving treatment in the hospital's emergency room, and who seeks admission to a nursing facility in Indiana may, upon discharge from the hospital, be admitted temporarily to a nursing facility to participate in the preadmission screening program. Requires a screening team to screen the nonresident and report its finding within ten days after the screening team's appointment. Requires a hospital to provide each patient who will be participating in preadmission screening with a list of all long term care options that may be available to the patient, are located within the hospital's service area, and are known to the hospital, before discharging the patient. Requires the division of disability, aging, and rehabilitative services and the office of Medicaid policy and planning to prepare new preadmission screening forms. Requires the division of disability, aging, and rehabilitative services to prepare a report on the preadmission screening program. (88)
HB 1230
Author(s): Steele; Dvorak; Padfield
Sponsor(s): Skillman
Citations Affected: IC 35-44-2-3.
Effective: July 1, 1997.
Impersonation of a public servant. Provides that a person who falsely represents that the person is a law enforcement officer commits impersonation of a public servant, a Class D felony. (Current law makes the offense a Class A misdemeanor.) (69)
HB 1232
Author(s): Grubb; V. Becker; Crosby; Burton
Sponsor(s): Harrison; Breaux; Riegsecker; Miller; Craycraft;
Citations Affected: IC 9-18; IC 16-19.
Effective: January 1, 1998.
Anatomical gifts. Requires the bureau of motor vehicles to include a space on each vehicle registration application where the person registering the vehicle may indicate a desire to donate fifty cents to organizations that promote the procurement of organs for anatomical gifts. Requires the bureau to include this space on any registration forms used when a person wishes to renew the person's vehicle registration by mail. Allows the bureau to deduct the costs of administering the collection of donations to promote the procurement of organs for anatomical gifts. Requires the Indiana state department of health to select appropriate organ procurement organizations to receive the collected funds. (88)
HB 1241
Author(s): Tabaczynski; Crosby; T. Brown; M. Smith
Sponsor(s): Meeks; Server; Lewis; Young
Citations Affected: IC 27-1; IC 28-1; IC 28-6.1; IC 28-7.
Effective: Upon passage.
Sale of life insurance by state financial institutions. Allows certain state chartered financial institutions to sell life insurance. Provides that the financial institutions must comply with certain requirements in order to sell life insurance policies. Requires the insurance commissioner and the director of the department of financial institutions to cooperate in enforcing compliance with provisions relating to the sale of life insurance policies and annuity contracts by financial institutions. Provides that a financial institution may not require a customer to purchase a life insurance policy from the financial institution as a condition to transacting business with the financial institution. Requires a financial institution that sells a life insurance policy to complete the sales transaction in a location within the financial institution reserved for insurance transactions. Prohibits a financial institution from using information in a customer's personal financial statement for the purpose of selling life insurance. Makes conforming amendments. (90)
HB 1251
Author(s): Grubb; Friend; Mahern
Sponsor(s): Weatherwax; Lewis
Citations Affected: IC 14-8; 14-13; 14-28
Effective: UPON PASSAGE
Recreation and land management Provides that a majority of the appointed members representing participating counties constitutes a quorum at a WRHCC meeting. Authorizes the WRHCC to adopt bylaws. Establishes a dedicated fund for the purpose of paying WRHCC expenses. Requires the director of the department of natural resources to provide administrative services to the WRHCC. Authorizes the WRHCC to take a number of actions. Adopts the National Flood Insurance Program regulations as the criteria for determining whether a person will be allowed to place a mobile home in a floodway along the Ohio River, repair a residence in a floodway along the Ohio River that has been damaged by floodwater or other means, or construct an addition to a residential structure in a floodway along the Ohio River. Requires the use of the elevation determined by a registered land surveyor. Provides that, until December 31, 2000, any dwelling, including a mobile home, constructed before March 1, 1997, that has been damaged by boundary river floodwater may be repaired, reconstructed, or replaced if the repair, reconstruction, or replacement meets the guidelines of federal environmental management regulations. (93)
HB 1255
Author(s): Duncan; Porter
Sponsor(s): Nugent; Lubbers; Rogers
Citations Affected: IC 12-17.4.
Effective: July 1, 1997.
Foster parent qualifications. Prohibits a person from being a foster parent if the person has been convicted of certain felonies. Allows the division of family and children to deny a license to a foster parent applicant if the applicant has been convicted of certain other felonies. (76)
HB 1257
Author(s): Dobis
Sponsor(s): Meeks; Lewis
Citations Affected: IC 9-23-2-7.
Effective: July 1, 1997.
Offsite sales licenses for motor vehicle dealers. Prohibits the bureau of motor vehicles from issuing an offsite sales license to a motor vehicle dealer who does not have an established place of business within Indiana. (89)
HB 1264
Author(s): Warner; Heeke
Sponsor(s): Meeks; Riegsecker; Craycraft; Hume
Citations Affected: IC 8-3; IC 8-6; noncode.
Effective: July 1, 1997.
Industrial rail service fund. Allows the Indiana department of transportation to make grants from the industrial rail service fund to Class II and Class III railroads for rehabilitation of railroad tracks, providing the recipient contributes 25% of the cost of the rehabilitation project. Provides that the law establishing the rail corridor safety committee expires November 1, 1999. (Current law provides that the law establishing the rail corridor safety committee expires November 1, 1997.) Provides that when the Indiana department of transportation orders a railroad to proceed with the construction, installation, relocation, modernization, or replacement of automatic signals at a grade crossing, the railroad must complete the work within 9 months unless the department has granted additional time in which to complete the work. Provides that the department may assess a civil penalty of not more than $1,000 for each day the signal work is late. Requires deposit of any civil penalties into the railroad grade crossing fund. (87)
HB 1265
Author(s): Burton; Stevenson; Robertson; Cook
Sponsor(s): Wyss
Citations Affected: IC 9-13; IC 9-24.
Effective: January 1, 1998.
Same sex marriage. Makes a marriage between persons of the same gender that is solemnized in any other country, state, or territory void in Indiana. (89)
HB 1273
Author(s): Summers; Duncan; Alderman
Sponsor(s): K. Adams; Worman; Landske; Howard; Johnson; Server; Lubbers; Wheeler; Zakas
Citations Affected: IC 12-8; IC 12-10; IC 12-11; IC 12-15; noncode.
Effective: Upon passage; July 1, 1997.
Medicaid waivers. Requires the division of disability, aging, and rehabilitative services to assist the office of Medicaid policy and planning in applying for Medicaid waivers from the United States Department of Health and Human Services to help fund community and home based long term services as alternatives to institutional care. Establishes the emergency support fund to provide emergency support services for individuals with developmental disabilities or families of individuals with developmental disabilities for short term interventions and to find permanent placement. Requires the division of disability, aging, and rehabilitative services to annually use $1,000,000 from existing appropriations to fund the emergency support fund. Allows the use of money paid for Medicaid funded intermediate care facility for the mentally retarded (ICF/MR) beds to fund waiver services under an ICF/MR Medicaid waiver. Requires savings to be used to expand services. Requires the office of Medicaid policy and planning to seek a waiver to allow not more than 225 more individuals who would otherwise receive ICF/MR services to receive waiver services. Requires the office of Medicaid policy and planning to seek federal approval to amend the home and community based services waiver for persons with autism by: (1) over two years raising from 90 to 200 the number of eligible persons who may be served under the waiver; and (2) providing for personal assistance and environmental modifications that are comparable to the services provided under the intermediate care facility for the mentally retarded waiver. Provides that the office of Medicaid policy and planning may not implement a change in the administration of the autism waiver until the federal Health Care Financing Administration approves the change. (71)
HB 1275
Author(s): Leuck; Behning
Sponsor(s): Lawson
Citations Affected: IC 3-6.
Effective: July 1, 1997.
Precinct election officer. Prohibits a person who is the chairman or treasurer of the committee of a candidate whose name appears on the ballot from serving as a precinct election officer. Makes conforming change to the prescribed oath. (77)
HB 1277
Author(s): Leuck; Friend; Ayres
Sponsor(s): Wheeler; R. Young
Citations Affected: IC 2-5-24.
Effective: May 15, 1997.
Water resources study committee. Establishes the water resources study committee as a statutory study committee. Provides for the appointment and replacement of members, the appointment of a chairperson, and the compensation of members. Requires the committee to study, and authorizes the committee to make recommendations concerning, all matters relating to the surface and ground water resources of Indiana. (55)
HB 1284
Author(s): Foley; J. Lutz; Kuzman; Stevenson
Sponsor(s): Landske; Zakas; Randolph
Citations Affected: IC 12-14; IC 29-1; IC 29-3-2; IC 32-4-1.6.
Effective: July 1, 1997.
Various probate matters. Provides that an individual who is receiving public assistance and who has prepaid funeral expenses is not allowed an additional credit for funeral expenses. Adopts the uniform probate code provision concerning who is bound by a court order. Provides that a person is bound by notices and orders in probate, trust, and guardianship proceedings if that person's interest is adequately represented by another party having a substantially identical interest in the proceeding. Allows service of notice in probate by certified mail. Specifies the conditions under which a court may appoint a guardian ad litem in a probate proceeding. Specifies that orders binding a guardian of an estate bind the ward. Requires a writing before a gift is considered an advancement against an heir's intestate share. Creates a presumption that additional stock is part of a devise of that stock if certain conditions are met. Creates a presumption that proceeds from the sale of property under a power of attorney or a condemnation award or insurance proceeds are to go to the devisee of the specific property if certain conditions are met. Provides that notice of an action to contest the validity of a will is given in the same manner as in other civil actions. Provides that an action to contest the validity of a will is conducted in the same manner as other civil actions, except that no pleading or answer to the notice by the defendant is required. Provides that the court sets the amount of a bond in a will contest. (Current law provides that the clerk of the court sets the amount of the bond.) Specifies that letters testamentary or letters of general administration may be granted to persons in the following order: (1) To the executor or executors designated in a will that has been admitted to probate. (2) To a devisee in a will that has been admitted to probate. (3) To the surviving spouse, or to the person or persons nominated by the surviving spouse, or to the surviving spouse and the person or persons nominated by the surviving spouse. (4) To an heir, or to the person or persons nominated by an heir, or to an heir and the person or persons nominated by an heir. (5) If there is no executor named in the will, or if the executor named in the will does not qualify, or if there is no surviving spouse, devisee, or heir, or if no such person files a petition for letters within 30 days after the date of the death of the decedent, then to any other qualified person. Provides that when a personal representative of an estate has a claim against the estate that accrued before the death of the decedent and all interested persons do not consent to have the claim paid, the court shall appoint a special personal representative to consider the claim. Permits the special personal representative to either pay the claim or have the claim set for trial. Changes a reference to the time in which a claim against a decedent may be filed from five months to a cross-reference to the section governing the filing of creditor's claims against an estate. Changes language concerning a judgment against an estate to the allowance of a claim against an estate, and specifies that the claim is paid in the same manner as other claims against the estate. Adds a cross-reference to the section specifying the period during which claims must be filed. Corrects a double negative concerning closing statements. Eliminates the requirement that a newspaper notice be published when actual notice to the last known address is given. Requires a court to set a date by which all objections to a final settlement must be filed, and provides that the objections must be filed at least 14 days before the date set. Specifies that a waiver by the parties of the service by mail of notice of the period within which objections must be filed does not change the requirement for notice by publication. Adopts the uniform law on transfer on death securities for purposes of nonprobate transfer of securities. Increases the spousal allowance from an estate from $8,500 to $15,000. Increases the small estate affidavit amount from $15,000 to $25,000. Provides that these changes apply only to the estates of individuals whose deaths occur after June 30, 1997. (58)
HB 1298
Author(s): C. Brown; Gulling
Sponsor(s): Wyss; Breaux; Randolph
Citations Affected: IC 16-46-6-13.
Effective: July 1, 1997.
Council on black and minority health. Provides that members of the interagency state council on black and minority health who are state employees are entitled to reimbursement for travel and other actual expenses and that members who are not state employees are entitled to a salary per diem. Provides that travel and per diem expenses are to be paid by the state department of health. (77)
HB 1300
Author(s): C. Brown
Sponsor(s): Server; Breaux; Riegsecker; Ford
Citations Affected: IC 12-7; IC 12-10.
Effective: July 1, 1997.
Alzheimer's and dementia special care. Requires a health facility that provides Alzheimer's and dementia special care to submit a disclosure statement to the division of disability, aging, and rehabilitative services that provides extensive details about the facility. Requires each health facility to submit the disclosure form each December and to make the form available to any individual seeking information on services for an individual with Alzheimer's disease or a related disorder. Requires the division of disability, aging, and rehabilitative services to make the disclosure forms available to any individual upon request and, before each February, to publish all of the disclosure forms in a single volume to disseminate to the public upon request. (88)
HB 1301
Author(s): Ayres; Kuzman
Sponsor(s): Landske; Alexa
Citations Affected: Noncode.
Effective: Upon passage.
Open burning exemption. Allows a unit of local government to allow open burning of leaves under certain circumstances at a residence that is located in both an unincorporated area and an ozone nonattainment area if the burning occurs: (1) between October 1 and November 30 or between April 1 and April 30; and (2) before January 1, 1999. (69)
HB 1322
Author(s): Richardson; Davis
Sponsor(s): Johnson
Citations Affected: IC 36-7.
Effective: July 1, 1997.
Cicero and Jackson Township planning commission. Changes the membership of the advisory plan commission of the town of Cicero and Jackson Township in Hamilton County. Area plan commission alternate members. Allows counties and municipalities to appoint alternate members to the area planning commission. Provides that alternate members to the area planning commission have all of the duties and powers of a regular member while participating on the commission. (87)
HB 1325
Author(s): Fry; Kruzan; M. Smith; Porter
Sponsor(s): Worman; Mccarty
Citations Affected: IC 27-1; IC 27-2-9-3.
Effective: July 1, 1997.
Corporate procedures, including mergers, of insurance companies. Provides that, unless otherwise provided in the corporation's articles of incorporation or bylaws, an insurance corporation may take action that requires a meeting of the shareholders, members, or policyholders without the meeting of the shareholders, members, or policyholders if all of the shareholders, members, or policyholders agree to the action in writing. Allows an insurance corporation's board of directors to make certain amendments to the corporation's articles of incorporation without a vote of the shareholders, members, or policyholders. Allows a domestic insurance corporation to merge with a foreign insurance company that is organized other than as a stock corporation. Allows merger of domestic insurance corporations without a vote of the shareholders, members, or policyholders under certain circumstances. Requires an Indiana insurer that is a primary company that establishes a subsidiary that is not an insurance company to file with the insurance commissioner a summary description of the business to be carried on by the subsidiary in addition to the resolution of the primary company's board of directors that establishes the subsidiary. Eliminates the requirement that the primary company file with the insurance commissioner a resolution of the company's stockholders (in the case of a stock company) or policyholders (in the case of a mutual company) authorizing the subsidiary. (90)
HB 1339
Author(s): Bales; Kruzan
Sponsor(s): Gard; Meeks; Merritt; Simpson
Citations Affected: IC 5-11-10; IC 13-11-2; IC 13-16-1-6; IC 13-20-22; IC 13-21; IC 13-22- 2; IC 13-22-3-4; IC 13-22-10-5; IC 13-22-11-1; IC 13-22-11.5; IC 16-42-18-1.
Effective: July 13, 1996 (retroactive); Upon passage; July 1, 1997.
Various solid waste matters. Allows a solid waste management district to pay claims in the same manner as a regional water or sewer district does. Specifies that the definition of waste management services applies only to the law concerning solid waste management districts. Prohibits the department of environmental management or an environmental rulemaking board from charging a fee for using an alternate daily cover on a municipal solid waste landfill. Specifies that the state solid waste management fund may be used to provide money for programs that provide grants and loans for education and promote: (1) recycling and the use of recycled materials; (2) waste reduction; and (3) management of yard waste. Requires that the state fees imposed on the incineration or disposal of solid waste at a final disposal facility in Indiana to be deposited as follows: (1) Not less than 50% of the fees must be deposited in the Indiana recycling promotion and assistance fund. (2) Not more than 50% of the fees must be deposited in the state solid waste management fund. Provides that the solid waste planning advisory council expires June 30, 1999. Provides that certain powers of a solid waste management district are limited to activities the primary purpose of which are to carry out the purposes of the law concerning sold waste management districts. Requires a solid waste management district to submit a report for each fund containing district money to: (1) the department of environmental management; (2) the state board of tax commissioners; and (3) the environmental quality service council. Provides that the LaPorte County solid waste management board may not impose a fee in excess of $2.50 per ton of solid waste disposed of in the county's landfill. Provides that all other boards may not impose a fee in excess of $2.50 per ton of solid waste or the amount that was charged on January 1, 1993, whichever is greater. Requires the department to establish a procedure by which a person may petition the commissioner (89)
HB 1344
Author(s): Stilwell; Yount
Sponsor(s): Weatherwax; Young; Bowser; Howard
Citations Affected: IC 8-1-2-103; IC 8-1-2.7; IC 8-1.5-4-14; IC 8-1-2.7-1.
Effective: Upon passage; July 1, 1997.
Sewer, sanitation, and fire protection. Allows a city in Elkhart county to adopt a plan to cover costs related to furnishing water for fire protection by including the expenses in the basic rates of customers of the water utility by filing a schedule of rates with the Indiana utility regulatory commission rather than by adopting an ordinance. Allows a nonprofit public sewage utility serving an unincorporated area to withdraw from Indiana utility regulatory commission (IURC) jurisdiction regarding rates, stocks, bonds, rules, operating and territorial authority, and the annual reporting requirement. (Current law allows local nonprofit water corporations to take these actions.) Requires a public sewage utility that is withdrawing from IURC jurisdiction to conduct, using secret ballots, a referendum of its members. Provides a process under which a public sewage utility may return to the jurisdiction of the IURC. Allows the IURC to require a public sewage utility that has returned to the jurisdiction of the IURC to submit an annual report for the previous three years. Specifies that a legal entity providing only sewage treatment service to a nonprofit sewage utility is not subject to the jurisdiction of the IURC. Allows customers the right to vote on sewer disposal companies opting out of IURC jurisdiction. Applies the local government chapter governing the sanitation department in certain cities to a second class city located in a county having a population of more than 107,000 but less than 108,000. Sewage boards and districts. Provides that the requirement to have a five member versus three member sanitation board applies to Michigan City. Provides for revenue bonding for sewers in the Indianapolis sewer district. (58)
HB 1345
Author(s): Stilwell; Crooks; Becker
Sponsor(s): Server; R. Young; Hume
Citations Affected: IC 22-10.
Effective: July 1, 1997.
Coal mining permits and certificates. Provides that a person may not obtain an underground coal mining certificate of competency if the applicant has been convicted of a felony under the federal mine safety and health statutes and fewer than five years have elapsed from the person's date of discharge from probation, imprisonment, or parole from the felony. Provides that the underground coal mining certificate of competency of a person that has been convicted of a felony under the mine safety and health statutes is automatically suspended and may not be reinstated until 5 years after the person's discharge from probation, imprisonment, or parole from the felony. Makes a number of changes in the mines and mine safety law concerning surface structures and conditions, explosives and blasting, ventilation and mine gases, transportation equipment, and electrical equipment. Repeals two sections that made it unlawful for the owner or operator of a mine, in removing material or product from under the surface of the earth, to operate combustion propelled engines or to use a furnace for ventilation purposes. (77)
HB 1358
Author(s): Klinker; T. Adams; Duncan; Scholer
Sponsor(s): Harrison; Craycraft; Simpson; Mills; Gery; Kenley; Lubbers
Citations Affected: IC 4-23.
Effective: July 1, 1997.
Indiana arts commission fund. Establishes the Indiana arts commission trust fund and administrative board to support the programs and the administrative budget of the Indiana arts commission after the fund achieves assets of $50,000,000. Establishes a board to manage and develop the assets of the trust fund. Provides for a variety of funding sources, including appropriations from the general assembly and public and private donations. (02)
HB 1361
Author(s): T. Adams; Munson
Sponsor(s): Harrison; Craycraft
Citations Affected: IC 36-8; noncode.
Effective: July 1, 1997.
Police and firefighter pensions. Provides that pension benefits to a member of the 1977 police officers' and firefighters' pension and disability fund begin the date of retirement or the date the member becomes 55 years of age, whichever is later. Provides that an initial partial monthly benefit due a member is payable together with the first regular benefit payment on the first of the month following the date the fund member becomes 55 years of age or retires, whichever is later. (Current law provides that benefit payments begin the first day of the month in which the member retires or becomes 55 years of age, whichever is later.) (90)
HB 1363
Author(s): Porter; Warner
Sponsor(s): Weatherwax; Breaux
Citations Affected: IC 20-12-70; noncode.
Effective: July 1, 1997.
Twenty-first century scholars program. Includes accredited proprietary educational institutions in the twenty-first century scholars program. Establishes procedures to determine the amount of the scholarship award for students who attend postsecondary proprietary educational institutions. Establishes criteria to designate which institutions of higher learning are eligible for twenty-first century scholarship funds. Requires the state student assistance commission to annually prepare a statistical report for submission to the legislative council that describes awards to students attending institutions under the twenty-first century scholars program. (02)
HB 1364
Author(s): Fry; Porter; Keeler; Klinker; Scholer
Sponsor(s): Worman; Washington
Citations Affected: Noncode.
Effective: May 15, 1997; July 1, 1997.
Insurance study committees. (1) Establishes an interim study committee to study the law concerning mutual insurance companies and proposals to change that law. Provides that the committee consists of eight members of the general assembly appointed by the speaker of the house and the president pro tempore of the senate. Requires the committee to conduct meetings and to issue a final report of its findings and recommendations to the legislative council and the general assembly not later than November 1, 1997. Provides for the appointment of a chairman and a vice chairman. Provides that the committee is under the jurisdiction of the legislative council, and that the members of the committee are entitled to the same per diem, mileage, and travel allowance paid to members of the general assembly serving on interim study committees established by the legislative council. Requires the legislative services agency to provide staff and administrative support for the committee.
(2) Establishes a committee to study the pay and positions within the department of insurance. Provides that the committee consists of the chairpersons of the house and senate standing committees on insurance; two representatives of the executive branch appointed by the governor; and two representatives of the insurance industry appointed by the governor. Provides for the appointment of a chairman each year by the chairperson of the legislative council. Provides that the members of the committee are entitled to the same per diem, mileage, and travel allowance paid to legislative and lay members, respectively, of interim study committees established by the legislative council. Requires the committee to report the results of its work to the general assembly before January 1, 1999. Requires the department of insurance to provide staff and administrative support for the committee. (55)
HB 1369
Author(s): Linder
Sponsor(s): Lewis; Jackman
Citations Affected: IC 8-1.
Effective: July 1, 1997.
Sewer and water utility deregulation. Allows an eligible water or sewer utility to withdraw from Indiana utility regulatory commission (IURC) jurisdiction regarding rates, stocks, bonds, rules, operating and territorial authority (only a nonprofit sewage disposal company or cooperative may withdraw from operating or territorial jurisdiction), and the annual reporting requirement. (Current law allows local nonprofit water corporations to take these actions.) Defines an eligible water or sewer utility as: (1) a privately owned water company that serves less than 300 customers; (2) a privately owned sewage disposal company that serves less than 300 customers; and (3) a nonprofit sewage disposal company or cooperative. Provides that a small private utility that has withdrawn does not become subject to jurisdiction if it exceeds 300 customers. Specifies that a legal entity providing only sewage treatment service to a nonprofit sewage utility is not subject to the jurisdiction of the IURC. Requires an eligible water or sewer utility that is withdrawing from IURC jurisdiction to conduct, using secret ballots, a referendum of its members or shareholders. Provides a process under which an eligible water or sewer utility may voluntarily return to the jurisdiction of the IURC. Allows the IURC to require an eligible water or sewer utility that has returned to the jurisdiction of the IURC to submit an annual report for the previous three years. Requires the IURC to revoke or limit a withdrawal from jurisdiction if the lesser of: (1) 100 customers; or (2) more than 50% of the utility's customers file a petition with the IURC and prove the public interest requires the commission action. (89)
HB 1370
Author(s): Linder; Alevizos
Sponsor(s): Johnson; Alexa
Citations Affected: IC 5-3; noncode.
Effective: Upon passage; July 1, 1997.
Public notices. Amends references to second-class and third-class mail to conform to changes under the federal law. Provides that a newspaper or qualified publication is published at the place where the newspaper or qualified publication has its original entry for mail privileges authorized by the United State Postal Service. (Current law provides that a newspaper or publication is published at the place where the newspaper or publication has: (1) a known office of publication; and (2) its original entry for mail privileges.) Removes a provision that requires a political subdivision or a school corporation to designate the newspaper or qualified publication that the political subdivision or school corporation will publish notices in. Provides that if no newspaper is published in a political subdivision, the political subdivision must: (1) publish a legal notice in a newspaper that is published in the county and that circulates in the political subdivision; and (2) post the legal notice if the political subdivision is a city, town, or school corporation. (Current law requires a notice to be published in a newspaper or newspapers in the county that circulate in the political subdivision.) Allows a political subdivision to publish additional notice in a newspaper. (Current law allows a political subdivision to publish additional notice in a qualified publication.). Requires each school corporation in Indiana to publish a school performance report in 1997, but allows the school corporation to add an interpretation or explanation of the information in the report. (83)
HB 1387
Author(s): Kromkowski; Buell; Stevenson; Mangus
Sponsor(s): Harrison; Craycraft; Weatherwax; O'day; Howard
Citations Affected: IC 36-8.
Effective: July 1, 1997.
Pension benefits. Provides that 1925 police pension fund retirement benefits and 1937 firefighters' pension fund benefits shall be paid not less often than monthly. Increases the distribution to a surviving spouse of a member of the 1937 fund from 10% to 20% of the salary of a fully paid first class firefighter. Changes several references in the 1953 police pension fund law concerning death benefits and survivors' benefits from members of the "police department" to members of the "1953 police pension fund". Provides that a member of the 1977 police officers' and firefighters' pension and disability fund does not have a covered impairment entitling the member to a disability benefit if the impairment is occasioned by the fund member currently engaging in the use of a controlled substance or the unlawful use of a prescription drug. Provides that an incapacitated child of a deceased member of the 1977 police officers' and firefighters' pension and disability fund who is at least 18 years of age, is not a ward of the state, and is not receiving a survivor's benefit is entitled to receive an amount each month that is equal to the greater of 30% of the monthly pay of a first class patrolman or firefighter or 55% of the monthly benefit the deceased member was receiving or was entitled to receive on the date of the member's death. (79)
HB 1400
Author(s): Crosby; Goeglein; C. Brown; Crawford
Sponsor(s): Johnson; Simpson; Miller; Howard
Citations Affected: IC 5-10-8-9; IC 27-8; IC 27-13.
Effective: July 1, 1997.
Parity for mental health coverage. Provides that a state employee contract for health services that is issued, entered into, or renewed after June 30, 1997, may not permit treatment limitations or financial requirements on the coverage for the services for mental illness if similar limitations are not imposed on other conditions. Provides that: (1) an accident and sickness insurance policy that is issued, entered into, or renewed after June 30, 1998; or (2) a health maintenance organization (HMO) contract that is entered into or renewed after June 30, 1998; may not impose aggregate lifetime limits or annual limits on the coverage of services for a mental illness unless the policy or contract imposes similar limits on coverage of services for other conditions. Provides that these prohibitions do not apply to: (1) an employee benefit program that is subject to the federal Employee Retirement Income Security Act, except for a state employee health plan; (2) an employer that employs fewer than 50 employees; (3) an individual, association, or business entity whose premiums would increase more than 1% as a result of the restriction on aggregate lifetime limits and annual limits on mental illness coverage. (77)
HB 1402
Author(s): Behning; Fry; Budak; C. Brown
Sponsor(s): Miller; Breaux
Citations Affected: IC 25-22.5.
Effective: July 1, 1997.
Osteopathic residency training and certification. Requires certain health care entities that require a physician to be residency trained, board certified, or eligible for certification in a medical specialty to accept residency training or certification approved by the American Osteopathic Association as satisfaction of the requirement. (93)
HB 1404
Author(s): Behning
Sponsor(s): Kenley; Mccarty
Citations Affected: IC 2-6-1.5-0.5; IC 2-6-1.5-5.
Effective: Upon passage.
Distribution of legislative publications. Allows electronic versions of legislative publications to be produced and distributed. Provides for a definitive date for distribution of the enactments of the general assembly to county clerks. Allows distribution of the enactments of the general assembly to county clerks by private carrier. (The introduced version of this bill was prepared by the code revision commission.) (59)
HB 1406
Author(s): Ruppel; Bischoff; Heeke
Sponsor(s): Landske; Wolf
Citations Affected: IC 4-33-12-6; IC 4-33-13-6; IC 8-18-8-5; IC 22-12; IC 22-14; IC 36-1-8- 9.
Effective: July 1, 1997.
Loan funds and gambling deposits. Provides that for purposes of the firefighting and emergency equipment revolving loan fund, a qualified entity includes a township that provides fire protection and a municipality that contracts or cooperates with a township to provide fire protection. Provides that the loan priority rating does not reflect the ability of the qualified entity to repay the loan. Provides that the office of the state fire marshal shall review applications for loans from the revolving fund on December 1 and June 1. Specifies the deadlines for receiving applications for loans from the revolving fund. Allows a unit of local government to deposit the money from riverboat admissions and gambling games in the unit's general fund or riverboat fund or both. (Current law requires the money to be deposited in the unit's general fund.) Allows a unit that receives tax revenue from riverboat admissions or gambling games to establish a riverboat fund. (79)
HB 1425
Author(s): Day; Murphy; Bosma; Kruse
Sponsor(s): Kenley; Simpson; Randolph; Clark; Washington; Skillman; Zakas
Citations Affected: IC 4-4; IC 6-3.1; IC 12-14; noncode.
Effective: July 1, 1997; January 1, 1998.
Individual development accounts. Provides that an individual may establish an individual development account through a community development corporation for one or more of the following purposes: (1) To pay for costs at an institution of higher education or vocational school. (2) To pay for costs associated with a training program. (3) To purchase a home. (4) To begin or to purchase part or all of a business. Provides that an individual may open an individual development account if the individual or a member of the individual's household is a member of one of the following groups: (1) Individuals who receive public assistance. (2) Households with an annual income less than or equal to 150% of the federal income poverty level. Requires a community development corporation to do the following: (1) Administer individual development accounts. (2) Approve or deny requests for withdrawals from an individual development account. (3) Provide or arrange for training in topics related to money management for all holders of individual development accounts. (4) Annually evaluate the individual development accounts administered by the community development corporation. Provides that an individual may deposit money from the individual's earned income into the individual's individual development account. Limits the number of individual development accounts that may be established in the state each year to 800. Requires the state to deposit money into each account annually based on a ratio of $3 for each $1 deposited into the account, not to exceed an annual deposit of $900 per account. Requires each community development corporation to encourage individuals, financial institutions, corporations, and other entities to contribute to an individual development accounts fund administered by the community development corporation. Provides that these funds are used to establish additional individual development accounts and to provide at least $3 for each $1 deposited into the account. Provides that there is no limit to the amount of money an individual may contribute to an individual's account. Provides that a private entity that contributes between $1,000 and $50,000 during a taxable year to an individual development accounts fund is entitled to a tax credit equal to 50% of the amount contributed. Limits the total tax credits each year to $500,000. Provides that money withdrawn from an individual development account for specified purposes is not subject to state taxes. Provides that money in an individual development account may not be considered a resource or income of an individual when determining the eligibility of the individual or a member of the individual's household for public assistance or assistance from a township trustee. Requires the department of commerce to evaluate the individual development account program during 2000. Provides that the state's obligation to provide money to an individual development account ends in 2001. Provides for an exact appropriation for each year of the individual development account program. (88)
HB 1431
Author(s): Villalpando; Kruzan; Marendt
Sponsor(s): Alexa; Kenley; Landske
Citations Affected: IC 22-12; IC 22-13; IC 22-15; noncode.
Effective: Upon passage; July 1, 1997; December 31, 1997; July 1, 1998.
Regulated amusement devices. Makes the following changes to the law concerning regulated amusement devices: (1) increases the insurance requirements for regulated amusement devices; (2) makes additional application and compliance requirements for a regulated amusement device operating permit; (3) requires a regular written report for each regulated amusement device; and (4) requires the commission to adopt rules that define appropriate training for persons who inspect regulated lifting devices and regulated amusement devices. (75)
HB 1433
Author(s): Ayres; Alevizos; Budak; Kruse
Sponsor(s): Landske; Alexa
Citations Affected: IC 14-8; IC 14-19.
Effective: July 1, 1997; January 1, 1998.
State parks. Allows the natural resources commission to set the fee for annual passes to the state parks but requires that the fee for a nonresident of Indiana be higher than the fee for a resident. Raises the minimum age for the purchase of a Golden Hoosier Passport from 60 to 65, but leaves the minimum age of eligibility at 60 for individuals born in 1933, 1934, 1935, 1936, or 1937. Requires the department of natural resources to set the fee for the Golden Hoosier Passport at 50% of the fee that the department generally charges for one year's unlimited admission to the Indiana state parks, recreation areas, and other department properties for which admission is charged. (55)
HB 1434
Author(s): Ayres; Klinker
Sponsor(s): Landske; Dempsey; Alexa
Citations Affected: IC 36-10-3-9.
Effective: July 1, 1997.
Park board member compensation. Provides that park board members may receive a salary and a per diem for attending meetings of the board in an amount fixed by the fiscal body. (Current law limits park board member salaries to a $300 statutory maximum and provides per diem for attending meetings only for county park board members.) (02)
HB 1468
Author(s): Budak; Wilson
Sponsor(s): Lawson; Skillman
Citations Affected: IC 36-2-5-5; IC 36-2-6-8; IC 36-6-8-10.
Effective: July 1, 1997.
Local government. Requires estimated litigation expenses to be listed in an itemized budget estimate for county officers and township assessors. Adds township assessors and their employees to the list of officers to whom an allowance may be paid by the county executive. Requires that the county fiscal body appropriate funds to cover all costs of litigation for township assessors.
(94)
HB 1476
Author(s): Klinker; Ayres; Tincher; Becker
Sponsor(s): Wheeler; Washington; Meeks; Rogers
Citations Affected: IC 35-45.
Effective: July 1, 1997.
Public indecency and voyeurism. Makes the offense of public indecency a Class D felony instead of a Class A misdemeanor if the person commits the offense by appearing in a state of nudity with the intent to arouse the sexual desires of a person in or on a public place where a child less than 16 years of age is present. Provides that a person commits voyeurism, a Class B misdemeanor, if the person peeps into an area where an occupant of the area reasonably can be expected to disrobe. (69)
HB 1487
Author(s): Goeglein; Stevenson; Leuck; Scholer
Sponsor(s): Gard
Citations Affected: IC 6-1.1.
Effective: July 1, 1997; January 1, 1998.
Property tax collection procedures. Imposes liability on the owner of property for the property taxes on real or personal property that is held, possessed, controlled, or occupied by another person. Eliminates the responsibility of a person who holds, possesses, controls, or occupies but does not own real or personal property from paying property taxes on the property, except for property subject to a lease or contract recorded with the county recorder before January 1, 1998, that requires the holder, possessor, controller, or occupier to pay the property taxes. Requires that real property and any leasehold or contract interest in an improvement or appurtenance on the real property must be assessed and taxed as a single unit, except for property subject to a memorandum of lease or contract recorded with the county recorder before January 1, 1998. Allows an owner to request that several contiguous parcels be combined into a single parcel for property tax purposes. Provides that contiguous parcels may be consolidated only to the extent that the parcels are in the same taxing district. Requires the consolidation of contiguous parcels when an improvement is located on or significantly affects the parcels. Requires an owner to show proof of payment of property taxes before transferring an interest in real property that consists of a parcel subdivided from a larger parcel or a parcel that is created from several existing parcels. Requires the county auditor rather than the county treasurer to stamp deeds and other real property transfer instruments. Allows the county auditor to determine whether all taxes have been paid on a transfer after the transfer is recorded with the county recorder. Requires the owners to pay all property taxes on the transfer before the ownership may be changed in the assessment list. (51)
HB 1498
Author(s): Crosby; Goeglein; C. Brown; Crawford
Sponsor(s): Johnson; Gery
Citations Affected: IC 12-7; IC 12-21; IC 12-22; IC 12-28; IC 12-29; IC 16-36; IC 16-39.
Effective: July 1, 1997.
Mental health. Requires the division of mental health to investigate certain unlicensed facilities for the mentally ill, uncertified operators of community residential programs, and unapproved community mental health centers for mentally ill individuals and report the findings to the attorney general. Allows the attorney general to seek a maximum penalty of $100 per day for unlicensed or unapproved facilities. Prohibits an unapproved facility from calling itself a community mental health center. Adds state institutions to facilities that are exempt from mental health consent requirements. Provides that certain managed care providers may have access to a patient's mental health records without the patient's consent. (Current law requires the managed care provider to be designated to provide case management to the patient.) Authorizes the division of mental health to license group homes for mentally ill individuals. Repeals the current statute designating the division of mental health as the primary state agency responsible for planning, developing, coordinating, and implementing the plan and program of supervised group living facilities and services for mentally ill individuals. (77)
HB 1501
Author(s): Leuck
Sponsor(s): Wolf; Meeks
Citations Affected: IC 6-9-10.5.
Effective: Upon passage.
Optional innkeeper's tax for White County. Allows White County to impose an innkeeper's tax of 3%. Specifies that the tax revenue is to be used for silt trap maintenance and lake enhancements. (58)
HB 1504
Author(s): L. Lutz; Davis
Sponsor(s): Meeks; Howard
Citations Affected: IC 7.1-3-13-3.
Effective: Upon passage.
Definition of brandy. Expands the definition of brandy to include a beverage product that contains dairy cream and meets other specific requirements. (02)
HB 1510
Author(s): Buell; Mahern
Sponsor(s): Miller
Citations Affected: IC 6-1.1.
Effective: July 1, 1997.
Beech Grove property tax base. Provides for loans at 5% interest to the city of Beech Grove and to Beech Grove schools if they experience 5% or greater shortfall due to the loss of federal payments of property taxes on the definite situs property of Amtrak. Requires an appeal for emergency financial relief to obtain the loan. Makes an appropriation from the counter-cyclical revenue and economic stabilization fund to the state board of finance in an amount sufficient to make loans, beginning January 1, 1998. Allows the borrowing unit to repay a loan from the unit's debt service fund. (A levy imposed to repay a loan is ineligible for state distributions for property tax replacement credits and homestead credits.). (51)
HB 1520
Author(s): Ayres; Stevenson; Budak
Sponsor(s): Skillman; Landske; Alexa
Citations Affected: IC 2-6-1.5-4.
Effective: July 1, 1997.
Distribution of the Indiana Code. Makes copies of the Indiana Code available to local officials who do not receive copies through the clerks of the circuit courts. (87)
HB 1536
Author(s): Lytle
Sponsor(s): Meeks
Citations Affected: IC 6-1.1; IC 6-4.1; IC 14-21; IC 23-14; IC 25-15; IC 30-2; IC 35-45; IC 36-2.
Effective: July 1, 1997.
Revises the cemetery law. Recodifies the law concerning cemeteries and makes numerous substantive changes in the law, including the following: Makes numerous provisions of the cemetery law apply to the entombment of remains in a mausoleum and the inurement of cremated remains in a columbarium as well as to the burial of remains in a grave. Provides that a cemetery owner has the exclusive right to open and close a grave, crypt, or niche in the cemetery, and to set or install a marker, monument, memorial, or outer burial container in the cemetery. Increases the minimum charge that a cemetery owner must add to the sale price of a grave or space in a mausoleum or crypt to establish or replenish the perpetual care fund of the cemetery. Provides that a cemetery owner is not liable in any civil action for certain types of errors involving burial, entombment, inurement, disinterment, disentombment, or
disinurnment, but requires the cemetery owner to correct the wrongful burial, entombment, inurement, disinterment, disentombment, or disinurnment as soon as practical after becoming aware of the error. Eliminates provisions concerning the extension of voluntary cemetery associations, the merger and consolidation of cemetery associations, the redemption of cemetery association stock, and loans by cemetery associations. Provides that the death certificate requirement and mandatory 48 hour delay do not apply to the cremation of the remains of a person who died in another state and whose remains are transported to Indiana by a licensed funeral director for purpose of cremation at an Indiana crematory if the funeral director obtains the documents required for cremation by the state in which the death occurred. Prohibits, however, a crematory from cremating the human remains until the authority has received a copy of the certificate of death whenever the final disposition of the human remains is to occur in Indiana. Provides that a person who knowingly or intentionally opens a casket with the intent to (55)
HB 1539
Author(s): Friend; Frenz
Sponsor(s): Skillman; Lawson
Citations Affected: IC 6-1.1; IC 36-2.
Effective: July 1, 1997.
County auditor duties and immunity. Allows a county auditor to take additional time to review and certify a petition or remonstrance containing more than 10,000 signatures. Provides that the county treasurer shall reimburse the county auditor if the county auditor is held personally liable for penalties and interest by the Internal Revenue Service without notice of the return and filing requirements of the Internal Revenue Service. Reconciles conflicts between statutes enacted by the 1996 General Assembly (shown in italicized type). (92)
HB 1541
Author(s): Wolkins; Grubb; M. Smith; Sturtz
Sponsor(s): Gard; Kenley; Mills; Simpson
Citations Affected: IC 13-11-2-215.1; IC 13-19-3-7; P.L.123-1996, SECTION 23
Effective: July 1, 1997.
Foundry sand and special waste. Provides that the term special waste, for purposes of certain environmental laws, does not include: (1) slag from steel and iron producing industries; or (2) certain types of refractory brick, fire clay refractory earth, fire brick, and ceramic block. Requires the department of environmental management and the environmental rulemaking boards to allow a person to use certain types of foundry sand for certain types of activities without requiring the person to obtain any permits from the department. Delays the expiration date of a department of environmental management task force that concerns the uses of foundry sand from July 2, 1997, to January 2, 1998. Directs the environmental quality service council to develop a task force to study the use of shredder fluff as daily cover for litter and vermin control at landfills and to submit a report describing the task force's findings and recommendations to the general assembly and the solid waste management board by December 31, 1997. (69)
HB 1542
Author(s): Ayres; Stevenson; Goeglein; Budak
Sponsor(s): Skillman; Landske; Alexa; Antich
Citations Affected: IC 3-6-4.1-18; IC 3-11; IC 5-11-14-1; IC 5-13; IC 5-15; IC 6-1.1; IC 6- 3.5-1.1-3.1; IC 8-17; IC 10-1-3-3; IC 12-30-3; IC 14-26-8; IC 20-4-8-6; IC 32-9; IC 34-3; IC 36-1; IC 36-2; IC 36-4-12; IC 36-5; IC 36-7; IC 36-9; noncode.
Effective: Upon passage; July 1, 1997; January 1, 1998.
Various local government matters. Eliminates city and town boards of finance. Exempts utility deposits required by a municipally owned utility from the unclaimed property act. Provides that a clerk-treasurer is not liable in an individual capacity for acts or omissions occurring in connection with the performance of certain duties unless the act or omission constitutes gross negligence or intentional disregard of the duties. Allows the fiscal body of a political subdivision to extend the period of an interfund transfer to not more than six months beyond the budget year in which the transfer occurred if the fiscal body: (1) passes an ordinance or a resolution stating that an emergency exists; and (2) immediately forwards the ordinance or resolution to the state board of accounts and the state board of tax commissioners. Allows the officer who collects fees and penalties for a municipal sewage works to defer collection of the fees and penalties until the unpaid fees and penalties are delinquent for at least 90 days. (Current law provides that the collection of the fees and penalties by a municipal sewage works may not be enforced until the unpaid fees and penalties are delinquent at least 90 days.) Requires a political subdivision that receives state grant money requiring matching money to deposit the money in a special fund. Provides that after a state grant project is completed: (1) a political subdivision shall transfer to the state after a state grant project is completed any remaining state grant money; and (2) the political subdivision's pro rata share of any remaining money reverts to the political subdivision's general fund. Provides that public financial records may not be destroyed until the earlier of the following: (1) The completion of an audit by the state board of accounts. (2) The records have been copied. Provides that records may be destroyed before three years elapse if the destruction is according to an approved retention schedule. Provides the guidelines concerning the destruction of financial records must be approved by the county commission of public records and the state board of accounts. Provides that if the department of environmental management fails to determine whether a coal conversion system, hydroelectric power device, or geothermal energy heating or cooling device qualifies for an assessed value deduction before May 10 of an assessment year, the system or device is considered certified. Eliminates a requirement that a person file a statement for an assessed value deduction for a solar energy heating or cooling system, wind power device, hydroelectric power device, geothermal energy heating or cooling device, or an improvement to comply with fertilizer and pesticide storage rules, for a year in which a general reassessment becomes effective. This conference committee report adds a provision that allows a county to pay a mileage allowance to county officers and employees at a rate determined by the county fiscal body. (Current law requires the mileage amount to equal the sum per mile paid to state officers and employees.) Allows third class cities to employ a nonpartisan city manager. Provides that the city executive may appoint the city manager to a position on the board of public works and safety in place of the executive. Provides that the city legislative body may adopt an ordinance to permit the executive to perform the executive's duties on a part-time basis. Prohibits the city manager from serving as a member of a body that hears disciplinary charges against a city fire chief, city police chief, or member of the city police department or the city fire department. Allows LaPorte County to decrease its county adjusted gross income tax rate and adopt or increase its county economic development income tax in the same year if the county adjusted gross income tax rate plus the county economic development income tax rate are less than the county adjusted gross income tax rate before the adoption of an ordinance to decrease it. Adds a provision that: (1) requires the local government finance study commission to study rights of way and easements in municipalities as they relate to public utilities, including the effect of the rights of way and easements upon taxes; and (2) provides that the money needed to pay the expenses for the consultants is appropriated from the public utility fund to the legislative council. Provides that a redevelopment commissioner who does not hold a lucrative office may receive a salary or per diem and expenses necessarily incurred in the performance of the commissioner's duties. (87)
HB 1555
Author(s): Lytle
Sponsor(s): Lewis; Wheeler
Citations Affected: IC 8-10-5-5.
Effective: July 1, 1997.
Port authority members. Provides that at the time of appointment, a director of a port authority must be a resident of either the political subdivision from which the director is appointed or the county within which the port authority is established. Provides that at all times, a majority of the directors of the port authority must be residents of the political subdivisions from which they are appointed. (75)
HB 1570
Author(s): Crawford; Porter
Sponsor(s): Mills; Gery; Howard; Randolph
Citations Affected: IC 6-3.1.
Effective: July 1, 1997.
Neighborhood assistance credit increase. Increases the maximum amount of neighborhood assistance credits that may be given statewide from $1,500,000 to $2,500,000 beginning July 1, 1997. (51)
HB 1575
Author(s): T. Adams
Sponsor(s): Paul
Citations Affected: IC 22-12; IC 22-13; IC 22-14.
Effective: July 1, 1997.
Fire and building safety. Provides that the statewide fire and building safety education fund may be used to provide money to the office of the state fire marshal to be used in the sponsoring of training conferences. Provides that the office of the state fire marshal may charge fees for participation in the training conferences. Provides that the fees collected shall be deposited in the statewide fire and building safety education fund. Provides that the state fire marshal shall pay expenses related to training conferences from money in the fund. Provides that the fire building services department, the office of the state fire marshal, and the office of the state building commissioner may accept gifts and grants from any source for the purposes of the statewide arson investigation financial assistance fund. Requires the fire prevention and building safety commission to hold two public hearings before adopting a rule. Provides that the office of the state fire marshal may conduct an investigation into the causes and circumstances surrounding an explosion. Provides additional powers to the office of the state fire marshal. (79)
HB 1583
Author(s): Kruzan; M. Smith; Tabaczynski
Sponsor(s): Ford; Simpson
Citations Affected: IC 27-7-12; noncode.
Effective: June 30, 1997; July 1, 1997.
Environmental insurance. Provides that an insurance policy issued or renewed after June 30, 1997 shall not provide or be interpreted as providing environmental coverage if the policy contains certain language, or substantially similar language, excluding from coverage (1) bodily injury or property damage arising out of the discharge of pollutants and (2) losses, costs, and expenses arising out of the monitoring, clean up, or response to pollutants, or out of claims of governmental authorities for damages because of monitoring or clean up of pollutants. Defines the term "pollutant" as it is to be used in insurance policies. Requires the department of insurance to issue a bulletin that contains the environmental exclusion language set forth in HB 1583. Provides that the bulletin must direct affected insurance companies to issue a short, concise statement declaring that policies containing the environmental exclusion language do not provide environmental coverage. (95)
HB 1584
Author(s): Kromkowski
Sponsor(s): Harrison; Craycraft; Washington
Citations Affected: IC 5-10.2; IC 33-13; IC 36-8; noncode.
Effective: November 10, 1996 (retroactive); upon passage; July 1, 1997; July 1, 1998.
State administration. Allows a member of TRF or PERF to elect to participate in the guaranteed program and alternative investment programs and to direct the allocation of the amount credited to the member in the annuity savings account among the guaranteed fund and any available alternative investment funds. Requires the PERF board and the TRF board to maintain at least one alternative investment program that is an indexed stock fund and at least one investment program that is a bond fund. Provides that the PERF board and the TRF board may establish a voluntary supplemental retirement plan. Provides that an eligible participant in the 1985 judges' retirement plan can receive a benefit while the judge is receiving a salary for service as a senior judge. (This provision is found in the 1977 judges' retirement plan.) Provides that park rangers who: (1) attended the Indiana law enforcement academy for at least 12 weeks; (2) graduated from the Indiana law enforcement academy; and (3) are employed by specified parks departments are members of the 1977 police officers' and firefighters' pension and disability fund. Provides that those park rangers shall transfer the amounts they contributed to PERF to the 1977 fund as of January 2, 1997. Provides a supplemental check benefit to certain retired public employees on November 1, 1997, and November 1, 1998. Sets the June 30, 1997 PERF interest credit rate at 9%. (79)
HB 1587
Author(s): Avery; Becker; Hasler; L. Lutz
Sponsor(s): Server; O'Day
Citations Affected: Noncode.
Effective: Upon passage.
University of Evansville real property. Reconveys from the state of Indiana to the University of Evansville certain real property previously conveyed under a 1978 statute for the purpose of removing certain restrictions from the use of the property. Provides that billboards may not be placed on the real estate. Requires the University of Evansville to use proceeds from the sale of the property for improvements on certain city property. (75)
HB 1589
Author(s): Klinker; Friend; Budak
Sponsor(s): Clark; Server; Craycraft; Breaux
Citations Affected: IC 31-3.
Effective: July 1, 1997.
Various adoption matters. Requires that the contents of a petition requesting the release of adoption history information must include a description of the medical, identifying, or nonidentifying information being sought and a statement that the petitioner agrees to pay reasonable fees and actual expenses of an attorney, a child placing agency, or a health care provider that is requested to search its records and release certain adoption history information. Provides that a court may appoint any person to serve as a confidential intermediary to search for adoption history information if the court reasonably believes that the person is competent to carry out the responsibilities of the search and meets certain qualifications including agreeing to abide by the court's order. Lists certain factors for a court to consider before appointing a confidential intermediary. Requires that whenever the court appoints a confidential intermediary, the court must issue an order: (1) specifying the direct contact, if any, that the confidential intermediary may have with any person from whom the medical, identifying, or nonidentifying information is being sought; (2) specifying any limitation that the court considers necessary to prevent the confidential intermediary's search from resulting in harm to a birth parent or adoptee; and (3) requiring the confidential intermediary to affirm under oath that the confidential intermediary agrees to act in good faith and perform its responsibilities in accordance with the court's order. Makes the intentional unauthorized release of adoption history information a Class A misdemeanor. Provides that a confidential intermediary's failure to comply with a court order regarding the search of adoption history information is punishable as contempt of court. Extends immunity from civil or criminal liability to a confidential intermediary who discharges its responsibilities in good faith. Allows a court presiding over an adoption to order postadoption contact with a pre-adoptive sibling for an adopted child who is at least two years of age if: (A) the court determines that the postadoption contact would serve the best interests of the adopted child; and (B) each adoptive parent consents to the contact. Requires the court to consider any relevant evidence in making its determination, including recommendations from certain persons and consideration of wishes expressed by the adopted child or adoptive parents. Prohibits the court from revoking the adoption or awarding monetary damages for noncompliance with a postadoption contact order with a pre- adoptive sibling. Lists various persons who may petition a court to vacate, modify, or compel compliance with the postadoption contact order. Requires that before hearing the petition to vacate, modify, or compel compliance with the postadoption contact order with a pre-adoptive sibling, the court may appoint a guardian ad litem or court appointed special advocate to protect the best interests of the adopted child under certain circumstances. Changes court approved postadoption visitation privileges granted to a birth parent to postadoption contact privileges. Defines the terms "court appointed special advocate" and "guardian ad litem" for the purposes of the adoption code in the same manner that the terms are defined in the juvenile code. Specifies that a court appointed special advocate, guardian ad litem, or confidential intermediary who is appointed by a court in certain adoption-related matters acts under the same provisions regarding representations and duties as a court appointed special advocate or guardian ad litem appointed by a juvenile court. (76)
HB 1597
Author(s): T. Brown; Grubb
Sponsor(s): Kenley; Hellmann; Weatherwax
Citations Affected: IC 12-10; noncode.
Effective: Upon passage; July 1, 1997; January 1, 1998.
Medicaid eligibility and asset disregard. Requires the office of Medicaid policy and planning to disregard all the assets an individual owns at the time the individual applies for Medicaid if the individual: (1) is the beneficiary of a qualified long term care insurance policy that provides maximum benefits at time of purchase of at least $140,000; and (2) has exhausted the policy's benefits. Requires that the qualified long term care insurance policy must provide maximum benefits at time of purchase equal to at least $140,000 plus 5% per year, beginning January 1, 1999. Provides that an individual who owns a qualified long term care policy on January 1, 1998, and who has not exhausted the policy's benefits is entitled to receive the revised asset disregard calculation. Provides that comprehensive care beds in a facility for which construction or conversion of beds occurred after July 1, 1996, and before July 1, 1997, do not need to receive a certificate of need review by the Indiana health facilities council to be certified for participation in a state or federal reimbursement program. (88)
HB 1611
Author(s): V. Smith; Robertson; Scholer; Warner
Sponsor(s): Server; Rogers; Breaux
Citations Affected: IC 20-6.1; noncode.
Effective: July 1, 1997; September 1, 1999.
Teacher licensing. Provides that an individual who seeks a teacher's license must demonstrate proficiency in basic reading, writing, mathematics, pedagogy, and the subjects in which the individual wishes to teach. Removes a waiver procedure by which the professional standards board may grant a limited license to an individual who does not demonstrate the requisite proficiency. Makes transitional provisions from the current testing system to the revised testing system, including a renewable temporary license. (71)
HB 1619
Author(s): Tabaczynski; Bottorff; Ruppel
Sponsor(s): Paul; Landske; Lewis; Worman
Citations Affected: IC 28-1; IC 28-4; IC 28-15; noncode.
Effective: July 1, 1997.
State chartered savings associations. Creates a new law concerning savings associations. Uses the term savings association to refer to a building and loan association, savings and loan association, rural loan and savings association, or guaranty loan and savings association organized under Indiana law. Defines the powers of savings associations. Authorizes a savings association to seek permission from the department of financial institutions to exercise the same powers exercised by a federal savings and loan association. Provides that whenever one state chartered savings association exercises rights and privileges granted to national savings associations, all state chartered savings associations may exercise those rights and privileges if the department determines that the exercise of the rights and privileges would not adversely affect the state savings associations' safety and soundness. Establishes lending limits for savings associations. Authorizes a savings association to form and invest in a service corporation. Provides for the acquisition of an Indiana savings association or holding company by a foreign savings association or holding company and the acquisition of a foreign savings association or holding company by an Indiana savings association or holding company. Provides for the voting rights of members in a mutual savings association (a nonstock savings association governed by its members). Establishes restrictions on alternative mortgage loans of savings associations. Provides for the transformation of an Indiana savings association into a federal savings and loan association by merger, consolidation, or conversion. Provides for the conversion of a federal savings and loan association into an Indiana savings association. Requires the department to approve or disapprove the proposed conversion of a federal savings and loan association into a state chartered savings association. Repeals the former law concerning savings and loan associations, building and loan associations, the conversion of a savings and loan association or building and loan association into another form, and alternative mortgage instruments of building and loan associations. Voids certain rules of the department of financial institutions. (55)
HB 1630
Author(s): Klinker; Frizzell; Becker; C. Brown
Sponsor(s): Server; Miller; Breaux; Zakas
Citations Affected: IC 12-10; noncode.
Effective: Upon passage; July 1, 1997.
Assisted living facilities. Provides guidelines to the community and home options to institutional care for the elderly and disabled program (CHOICE) board to establish long term goals of the state for the provision of a continuum of care for the elderly and disabled. Requires the health finance commission to develop legislative recommendations concerning the licensure of assisted living facilities. Requires the state department of health to do the following: (1) Establish a procedure to identify a facility that identifies, markets, or advertises itself as providing assisted living services. (2) Contact each of those facilities and require an individual representing the facility to complete a questionnaire developed by the state department of health to survey the facilities. (3) Report findings from the survey to the health finance commission. Provides that the CHOICE board may develop recommendations to the health finance commission to study Indiana's current long term care system to include both home and community based services and institutional care. (88)
HB 1633
Author(s): Klinker; Scholer; Kruzan; Hasler
Sponsor(s): Kenley; Gery
Citations Affected: IC 6-1.1; IC 6-3.1; IC 14-8-2-268.5; IC 14-21.
Effective: Upon passage; July 1, 1997.
Historic preservation. Increases the maximum property tax deduction allowed for rehabilitation of property to $20,000 for single family dwelling units and $100,000 for other property. Requires the owner to have paid at least $10,000 for the rehabilitation to qualify for the credit. Provides that the deduction applies only to a building or structure that is at least 50 years old. Expands the types of taxpayers that may apply for the historic rehabilitation income tax credit. Allows pass through entities to claim the income tax credit. Allows a taxpayer that is a pass through entity to file a claim for a credit for tax years beginning after December 31, 1993. Removes minimum square footage and pre-approval requirements. Allows a taxpayer who meets certain conditions, has qualified expenditures for preservation or rehabilitation that exceed $5,000, and has received approval from the division of historic preservation and archeology before December 31, 1996, to qualify for the income tax credit. Increases the ceiling for the historic preservation income tax credit from $450,000 to $750,000 for FY 97-98 and FY 98-99. Makes any real property owned by a state educational institution exempt from the law that requires the approval of the historic preservation review board before a historic structure owned by the state may be altered or demolished. (Current law provides that property owned by a state educational institution is exempt from the law only if it is altered or demolished under a project for which the approval of the commission for higher education, the budget agency, the governor, or the general assembly is required.) Provides that if a state college or university is planning the substantial alteration, demolition, or removal of a historic site or historic structure and the project is not included in a ten year capital plan submitted to the division of historic preservation and archeology of the department of natural resources, the state college or university shall submit to the division a description of the planned project and publish a notice of the project at least 30 days before commencing the project, and the state historic preservation officer shall review the description and submit an advisory report on the project to the state college or university not more than 30 days after receiving the description. Requires the state college or university to review and consider the advisory report. (58)
HB 1636
Author(s): Crooks
Sponsor(s): Riegsecker
Citations Affected: IC 9-17-2-6; IC 9-18-26-5.
Effective: July 1, 1997.
Titles and dealer plates. Specifies that a certificate of title issued for a vehicle with a declared gross weight of 16,000 pounds or less must contain the odometer reading of the vehicle as of the date the vehicle was transferred. (Current law requires odometer readings be recorded on the titles of vehicles with a gross vehicle weight of at least 16,000 pounds.) Specifies that dealer license plates issued to licensed dealers expire based upon the letter of the alphabet with which the name of the business begins. (89)
HB 1637
Author(s): Crooks
Sponsor(s): Mills; Gery
Citations Affected: IC 8-1-2-88.5; IC 8-1-2.5-9.; IC 8-1-17-22.5; IC 8-1.5-4-14
Effective: July 1, 1997.
Utility regulatory commission. Provides that a telephone company that serves less than 40,000 local exchange access lines or a local telephone cooperative that is ordinarily exempt from the jurisdiction of the utility regulatory commission is under the commission's jurisdiction when responsibility for administration of a federal law has been delegated to the commission by a federal statute. Changes the date for submission by the utility regulatory commission of a report to the regulatory flexibility committee from July 1 to August 15 of each year. Changes the date for submission by the regulatory flexibility committee of a report to the legislative council from July 1 to November 1 of each year. (89)
HB 1655
Author(s): Heeke; Steele; Ruppel
Sponsor(s): Paul
Citations Affected: IC 28-1; IC 28-5; IC 28-6.1.
Effective: July 1, 1997.
Powers of national banks authorized for state banks. Authorizes a state chartered bank or trust company, industrial loan and investment company, or savings bank to exercise rights and privileges that are granted to national banks domiciled in Indiana if it requests permission from the department of financial institutions to exercise the rights and privileges and the department does not deny its request. Provides for judicial review of a decision of the department to deny a request. (55)
HB 1661
Author(s): C. Brown
Sponsor(s): Miller; Breaux
Citations Affected: IC 20-3-21; IC 20-5-19-1; IC 34-4.
Effective: July 1, 1997; January 1, 1998.
School corporations. Provides that six members of the governing body of the Gary school corporation are elected (in staggered terms) at large. Provides that the elected members must be elected so that one resides within each district (which are coterminous with the districts of the Gary city council). Provides that the mayor of Gary appoints one member of the board who must have experience with issues related to school business and finance and has resided within the school corporation boundaries for five years immediately preceding appointment. Allows a school corporation to convey property to a political subdivision if the conveyance is not for payment. Requires a school administrator to consult with the school nurse before designating a person to administer certain medications or to perform a blood glucose test. Provides that a school or school board may not discipline a teacher or other school employee who is not employed as a school nurse or physician for refusing to administer certain medications or to perform certain tests without proper authority. Provides civil immunity to a school administrator, teacher, or other school employee who in good faith provides a legend drug to a pupil with the written order of a practitioner and the written permission of the pupil's parent or guardian. Provides that the parent's or guardian's written permission is not required in the case of a life threatening emergency. Provides that a registered nurse may provide training to a school employee to administer insulin or to perform a glucose test. (77)
HB 1663
Author(s): C. Brown
Sponsor(s): Miller; Simpson; Mccarty
Citations Affected: IC 27-13.
Effective: July 1, 1997.
Grievance procedures for managed health care plans. Provides that a health maintenance organization must establish written policies and procedures for grievances and appeals. Provides that grievance procedures must comply with certain requirements. Allows a health maintenance organization to use federally established grievance and appeals procedures if certain requirements are met. Makes conforming amendments. (90)
HB 1669
Author(s): Bischoff; Lytle; Budak; Mangus
Sponsor(s): Nugent; Lewis
Citations Affected: IC 4-6-3-12; IC 14-22; IC 35-47-2.
Effective: July 1, 1997.
Trapping and handguns. Creates a lifetime trapping license. Makes the fee for a lifetime trapping license an amount equal to 20 times the fee for a resident yearly license to trap. Changes the name of the fund into which the proceeds from the sale of lifetime licenses are deposited to the lifetime hunting, fishing, and trapping license trust fund. Provides that a yearly trapping license expires on March 31 instead of on the last day of February. Repeals and replaces the existing law concerning the sale and transfer of handguns. Requires an instant criminal history check when an individual purchases a handgun and eliminates the mandatory seven day waiting period preceding the delivery of a handgun. Prohibits a dealer from selling a handgun until the dealer has obtained a written consent from the purchaser to a criminal history check, provided the state police department with the prospective purchaser's name, birth date, and other identifying information, and received the results of the criminal history check on the purchaser from the state police department. Prohibits the state police department from maintaining criminal history check records more than thirty 30 days after a dealer's request for a criminal history check. Requires the attorney general, upon receipt of a complaint that records of handgun purchases are not being destroyed as quickly as required, to conduct a compliance inspection, and to report the findings of compliance inspections to the governor and the presiding officer of each house of the general assembly. Requires a licensed firearms dealer to collect a three dollar fee for each transaction for which a criminal history check is required. Requires the transfer of this fee to the state police department, and requires the state police department to deposit the fees in a special fund to pay the cost of conducting criminal history checks. Makes it a crime to (1) disseminate criminal history information, except as authorized by law; (2) make a materially false statement on a consent form; (3) sell, rent, trade, or transfer a handgun in violation of the law; or (4) purchase a handgun with the intent to provide it to another person known to be ineligible to purchase a handgun. (55)
HB 1671
Author(s): Becker; Hasler; Ayres; Marendt
Sponsor(s): Server; R. Young
Citations Affected: IC 35-43; IC 35-46.
Effective: July 1, 1997.
Law enforcement animals. Defines law enforcement animal to specify the various types of dogs used for law enforcement purposes in the statute concerning injury to these animals. (Current law provides that only a dog or horse owned by a law enforcement agency is within the protection of the statute.) Allows the court to order a person who is convicted of injuring a law enforcement animal to make restitution for veterinary bills or the cost to replace the animal if the animal is disabled or killed. Enhances the offense of criminal mischief from a Class B misdemeanor to a Class D felony if the damage is caused to a law enforcement animal. (41)
HB 1677
Author(s): Villalpando; Harris; Bosma; Pond
Sponsor(s): Bray; Washington
Citations Affected: IC 33-2.1; IC 33-9-15-10.5; IC 33-19-7-5.
Effective: Upon passage; June 1, 1997; July 1, 1997.
Courts and legal education and services. Establishes the civil legal aid fund and appropriates $1 million annually to the fund from the state general fund to be used for the provision of civil legal services to the indigent. Places certain restrictions on the types of activities for which the funds may be used. Provides for administration of the civil legal aid fund by the office of state court administration. Establishes the Indiana conference for legal education opportunity (CLEO), a legal education program to assist minority, low income, or educationally disadvantaged college graduates in pursuing a law degree and a career in the Indiana legal community. Provides for an intensive course of study to prepare students for the demands of a law school education and financial support for those students who successfully complete the program and are admitted to an Indiana law school. Provides for administration of the program by the chief justice of the supreme court and for the appointment of an advisory committee to assist in the operation of the program. Appropriates money to fund the program in the amount of $250,000 the first year, $400,000 the second year, and $550,000 for each year thereafter. Provides for reimbursement to counties of 40% of county expenditures for indigent defense services provided in noncapital cases except misdemeanors. Retains the 50% reimbursement for capital cases. (Current law provides for 50% reimbursement for defense in capital cases and 25% reimbursement for noncapital cases.) Removes the time limitations for filing of: (1) reimbursement requests by the county public defender board with the county auditor; and (2) certification of the amount of expenditures by the county auditor to the public defender commission. Increases to $2.4 million the amount deposited semiannually in the public defense fund. Specifies that the appropriations do not supplement any appropriations that may be contained in the budget act, and provides that if funds are also appropriated in the budget act, the appropriation that is greater in amount shall be appropriated. (41)
HB 1678
Author(s): Villalpando; Keeler
Sponsor(s): Zakas; Bray; Randolph
Citations Affected: IC 25-10.
Effective: July 1, 1997.
Testimony of chiropractors. Provides that in any legal proceeding, a chiropractor's testimony relating to records or reports of a licensed physician may be admissible as evidence in the legal proceeding if the:(1) chiropractor is qualified as an expert by the chiropractor's knowledge, skill, experience, training, or education; and (2) court is satisfied that the information is of the type reasonably relied upon by other chiropractors. (95)
HB 1684
Author(s): Steele; Becker; Budak; Crosby; Duncan
Sponsor(s): Gard; Riegsecker; Simpson; Nugent; Skillman; Jackman; Kenley; Landske; Wyss; Zakas
Citations Affected: IC 27-8; IC 27-13.
Effective: July 1, 1997; January 1, 1998.
Breast reconstruction insurance coverage. Prohibits an insurer from issuing a policy of accident and sickness insurance that covers mastectomy unless the policy also covers (1) prosthetic devices and (2) reconstructive surgery incident to mastectomy, including, in the manner determined by the attending physician and patient to be appropriate, all stages of reconstruction of the breast on which the mastectomy was performed and surgery and reconstruction of the other breast to produce symmetry. Provides that a health maintenance organization contract covering mastectomy must also provide coverage for prosthetic devices and reconstructive surgery incident to mastectomy, including, in the manner determined by the attending physician and patient to be appropriate, all stages of reconstruction of the breast on which the mastectomy was performed and surgery and reconstruction of the other breast to produce a symmetrical appearance. Provides that, if a mastectomy covered by a policy or HMO contract is performed and there is no evidence of malignancy, coverage for prosthetic devices and reconstructive surgery may be limited to the two years following the mastectomy. Provides that an insurance company (other than a life insurance company) may not obtain the results of genetic testing or screening without a separate written consent from an individual who is applying for coverage or who is already receiving coverage. Provides specifications for the consent form. Prohibits an insurer (with certain exceptions), a health maintenance organization, a state or local government self-insurance plan, or a private self-funded health plan from: (1) requiring that an individual seeking coverage be subjected to genetic screening or testing; (2) considering information obtained from genetic screening or testing; (3) inquiring directly or indirectly into the results of genetic screening or testing; or (4) making a decision adverse to an individual based on entries related to the results of genetic testing or screening in medical. (90)
HB 1686
Author(s): Friend; McClain; Crooks; Grubb
Sponsor(s): Weatherwax; Johnson
Citations Affected: IC 36-7; noncode.
Effective: Upon passage.
Military base utility regulation. Allows a municipal utility to provide water, sewer, electric, and stormwater services without regulation to a United States Air Force (USAF) military base or to USAF military property under a negotiated agreement. Allows a municipal utility to fund improvements for a USAF military base or property with bonds. Allows a municipal utility to hire employees and create departments necessary to administer the services provided to a USAF military base or property. Legalizes contracts executed by a municipal utility to provide services to a USAF military base or property. Requires a municipal utility providing services to a USAF base to establish rates based on criteria set forth for utilities serving the general public that provide similar services. (93)
HB 1689
Author(s): Bales; Kruzan; T. Brown; Lytle
Sponsor(s): Meeks; Merritt; Simpson; Lewis; Wolf
Citations Affected: IC 4-4.
Effective: July 1, 1997.
Indiana tourism council. Creates the Indiana tourism council. Requires the council to: (1) assist in developing goals and objectives for the tourism division of the Indiana department of commerce; (2) establish a committee to review proposals for grants from the department; (3) analyze the results and effectiveness of grants made by the department; (4) establish a committee for research, development and marketing; (5) encourage tourism; (6) promote cooperation in the Indiana tourism industry; and (7) make recommendations on tourism to the department of commerce. (94)
HB 1700
Author(s): Crawford
Sponsor(s): Miller; Breaux
Citations Affected: IC 1-1; IC 16-18; IC 16-39; IC 36-4.
Effective: July 1, 1997.
Release of mental health records. Provides a consistent definition of health records, hospital records, or medical records throughout the Indiana Code. Includes mental health records and drug and alcohol abuse records in the definition. Specifies the information that is part of a mental health record. Requires a provider of mental health services to maintain the original mental health record or a microfilm of the record for at least seven years. Requires certain information to be part of a patient's written request for release of the patient's mental health record. Provides that a patient's mental health records request expires at a specified time. Provides that without a patient's consent the patient's: (1) mental health record may be released to a provider who needs the records to provide health care or mental health care services to the patient; and (2) medication information to a patient in custody of law enforcement under specified circumstances. Requires that the the law enforcement agency must keep the medication records confidential. Specifies who is entitled to exercise the patient's rights on the patient's behalf if the patient is a minor or determined by a provider to be incapable of giving or withholding consent. Provides that a custodial parent and a noncustodial parent of a child have equal access to the child's mental health records except under specific conditions. Provides that laws providing immunity from liability for release of health records also apply to the release of mental health records. Adds a provision regarding drug and alcohol abuse patient records to an existing health definition and repeals the current provision. (77)
HB 1710
Author(s): V. Smith; C. Brown; Summers; Budak
Sponsor(s): Wyss; Washington
Citations Affected: IC 12-13.
Effective: July 1, 1997.
Commission on the social status of black males. Adds two additional lay members to the commission on the social status of black males. Extends the commission for an additional five years. (90)
HB 1711
Author(s): V. Smith; C. Brown
Sponsor(s): Dempsey; Rogers; Antich; Randolph
Citations Affected: IC 36-9.
Effective: July 1, 1997.
Sewer fees. Requires a copy of any delinquency notice of unpaid fees sent to a delinquent user of sewage services who is a tenant be sent to the owner of the property occupied by the tenant. (89)
HB 1712
Author(s): Grubb; Stephan; Friend
Sponsor(s): Lewis; Nugent; Wolf
Citations Affected: IC 4-4-3.2-3; IC 4-4-3.4-3.
Effective: July 1, 1997.
Powers of the commissioner of agriculture. Authorizes the commissioner of agriculture to use money from the livestock industry promotion and development fund to pay administrative expenses. Annually appropriates the money in the fund to the commissioner of agriculture to be used for the purpose of promoting the development of the Indiana livestock industry. Authorizes the commissioner of agriculture to employ personnel as necessary for the efficient administration of the law concerning the center for value added research. (55)
HB 1714
Author(s): Bottorff; Alderman; Bodiker
Sponsor(s): Landske; Lewis; Paul; Craycraft
Citations Affected: IC 8-1; IC 13-17.
Effective: Upon passage; July 1, 1997.
Fire protection and vehicle inspection. Provides that a customer of water utility company whose property is located outside the limits of a municipality and is not within 1,000 feet of a fire hydrant must, after July 1, 1997, be excluded from an increase in rates to recover public fire protection costs or before July 1, 1997, the Indiana regulatory commission may prospectively exclude the customer from the costs. Requires the department of environmental management to maintain a number of vehicle emission inspection stations in certain counties that is at least equal to the number of stations in existence on July 1, 1996. (89)
HB 1723
Author(s): Warner; Bosma; Crosby; Scholer
Sponsor(s): K. Adams; Rogers
Citations Affected: IC 20-10.1-16-6.
Effective: July 1, 1997.
Educational proficiency statements. Requires the department of education to revise educational proficiency statements for certain subject areas every six years. Establishes a proficiency statements overview committee for each subject area to advise on the revision process and recommend changes in educational proficiency statements. (02)
HB 1728
Author(s): Bosma; Kruzan; Alevizos; Yount
Sponsor(s): Gard; Simpson; Randolph
Citations Affected: IC 34-1-52-2.
Effective: July 1, 1997.
Nuisance actions. Allows a county, city, or town that brings a successful civil action to abate or enjoin a nuisance caused by the unlawful dumping of solid waste to recover attorney's fees. (69)
HB 1730
Author(s): Bosma; Kruzan
Sponsor(s): Gard; Simpson
Citations Affected: IC 13-11-2; IC 13-18-6.
Effective: Upon passage.
Various environmental matters. Provides that the definition of property for purposes of the responsible property transfer law does not include improvements. Repeals statutes concerning spill reporting requirements. (69)
HB 1734
Author(s): Tincher; Scholer; Klinker; Kersey; Leuck; Crosby; Whetstone; Ayres
Sponsor(s): Harrison; Ford; Hellmann; Weatherwax; Dempsey; Weatherwax
Citations Affected: IC 5-10.2.
Effective: July 1, 1997.
Public retirement funds. Provides that the board of trustees of the Indiana state teachers' retirement fund ("TRF") and the board of trustees of the public employees' retirement fund ("PERF") shall pay a cost of living adjustment in 1997 of 4% to members who retire before July 2, 1975, 3% to members who retire after July 1, 1975 and before July 2, 1983, and 2% for members who retire after July 1, 1983 and before July 2, 1996. (79)
HB 1758
Author(s): Tabaczynski
Sponsor(s): Paul; Landske
Citations Affected: IC 24-4.5; IC 24-7; IC 28-1; IC 28-7; IC 28-8.
Effective: July 1, 1997.
Consumer credit. Makes changes to the law concerning financial institutions, including the following: (1) Adds borrower paid mortgage broker fees to the definitions of credit service charge and loan finance charge for purposes of the Uniform Consumer Credit Code. (2) Provides that a pawnbroker or other lender that has a license to make consumer loans must file a report with the department of financial institutions as requested by the director of the department. (Current law provides that a licensee is required to file a report annually.) (3) Provides that certain consumer loans may be made through an automated loan machine. (4) Requires a creditor that fails to return excess credit life insurance premiums to the debtor within 60 days of a loan termination to pay interest on the amount owed to the debtor. (5) Allows the department of financial institutions to act on behalf of a debtor against creditors required to be licensed or registered to enforce the debtor's rights in certain matters under the Uniform Consumer Credit Code. (6) Eliminates the requirement that the department of financial institutions make an annual report to the governor. (7) Eliminates the requirement that the department of financial institutions set the fee for a liability waiver between a lessor and a lessee. (8) Voids certain transactions if a person acts as a budget service company, a pawnbroker, or a check casher without a license. (9) Requires a pawnbroker to disclose to a debtor the information required to be disclosed under the Federal Trade Commission Act. (10) Provides that a debtor may not waive the debtor's rights under the pawnbroking law. (11) Eliminates certain restrictions on persons that are exempt from the licensure requirements for money transmitters. (12) Makes conforming changes. (90)
HB 1775
Author(s): Mahern; Burton
Sponsor(s): Paul
Citations Affected: IC 28-1; IC 28-2; IC 28-5; IC 28-6.1; IC 28-7; IC 28-10; IC 28-11; IC 28-12; IC 28-13; IC 28-14.
Effective: July 1, 1997.
Various matters concerning financial institutions. Limits a bank's purchase of the stock of a small business investment company. Allows the establishment of a new bank or savings bank branch without a determination that the branch will serve the public convenience. Authorizes a bank, savings bank, or industrial loan and investment company to establish automated teller machines in other states. Allows a credit union to: (1) establish automated teller machines; (2) charge service fees; (3) eliminate the appraisal of real estate offered as collateral if the loan is for less than $250,000; and (4) conduct its annual audit within 120 days after the close of the fiscal year (the audit was formerly required within 90 days after the close of the fiscal year). Provides that a financial institution that incorporates by articles of conversion is not required to list the names of incorporators in the articles of conversion. Allows a mutual savings bank formed by charter conversion to provide in its articles of conversion that the depositors are its only voting members. Makes numerous other changes in the financial institutions law. Imposes certain conditions on a corporate fiduciary, bank, or trust company organized and doing business under the laws of another state in order for the corporate fiduciary, bank, or trust company to conduct business as a fiduciary in Indiana. (55)
HB 1777
Author(s): Bauer; Day
Sponsor(s): Borst; Gery; Miller
Citations Affected: IC 6-1.1; IC 6-3; IC 6-3.5; noncode.
Effective: January 1, 1997 (retroactive); January 1, 1998.
Property and income tax reductions. Increases the homestead credit to 10% for 1998 through 2001. Provides that the credit is 4% beginning in 2002. Increases the deduction from state adjusted gross income for certain dependent children of a taxpayer from $1,000 to $1,500 for 1997 through 2000. Provides an earned income tax deduction for 1997 through 2000 to taxpayers who have the following: (1) a qualifying child; (2) total income of less than $12,000; and (3) earned income that is at least 80% of the taxpayer's total income. Provides that the deduction equals $12,000 minus the taxpayer's total income. (This conference committee report makes the following changes: Deletes the phase-out of the inheritance tax. Increases the homestead credit to 10% for 1998 through 2001. Increases the deduction from state adjusted gross income for certain dependent children of a taxpayer from $1,000 to $1,500. Provides an earned income tax deduction for 1997 through 2000.
(92)
HB 1781
Author(s): Bauer; Espich
Sponsor(s): Borst; Gery
Citations Affected: IC 6-1.1; IC 6-3.
Effective: January 1, 1997 (retroactive); July 1, 1997; January 1, 1998.
Various tax matters. Updates references to the Internal Revenue Code. Incorporates by reference all changes made to the federal Internal Revenue Code after December 31, 1994, and before January 2, 1997, into the Indiana statutes that use federal tax law to determine state tax liability. Restricts income tax exemptions for medical care savings account deposits and withdrawals that are already exempt under federal law. Provides that a taxpayer who fails to comply with wage and benefit levels proposed or promised to obtain an economic development incentive (tax reductions, grants, and loans) forfeits the incentive. Provides that the incentive may not be restored until the entity awarding the incentive determines that the taxpayer is in compliance with the promised or proposed wage and benefit levels. (92)
HB 1783
Author(s): Bauer; Espich; Bodiker; Frenz
Sponsor(s): Borst; Gery
Citations Affected: Numerous provisions throughout the Indiana code.
Effective: May 31, 1996 (retroactive); upon passage; July 1, 1997; January 1, 1998; February 28, 1998; July 1, 1998; January 1, 1999.
Property taxation. Establishes the property tax study committee. Provides that the sales disclosure form shall be forwarded to the county assessor (or the appropriate assessing official in Marion County) and the state board of tax commissioners. Provides that the county auditor may not accept a conveyance document if the sales disclosure form is not attested or does not contain the information required by law. Indicates that recording of a conveyance document that is not accompanied by a fully completed sales disclosure form is a Class A infraction. Delays the beginning of the next general reassessment of real property when all real property must be physically inspected from July 1, 1997, to July 1, 1999. Repeals the expiration date on the sales disclosure form filing law. Requires the assessed value of property subject to property taxation to be computed at 100% of true tax value rather than 33.33% of true tax value for assessment dates after February 28, 2001, and property taxes first due and payable after December 31, 2001. Makes related changes in assessed value limitations on property tax deductions, maximum allowable property tax rates, and limitations on bonded indebtedness to reflect the change in the computation of assessed values. Gives the county assessor and each township assessor in the county one vote in deciding whether to employ a professional appraiser to provide technical assistance in a general reassessment. Provides that the state board of tax commissioners is not liable for erroneous computations made by the state board under the act. Changes the name and membership of the county board of review. Requires at least two appointees to be certified level two assessor-appraisers. Revises the duties of the county assessor, township trustee assessors, and the county auditor. Provides for the certification of lists from a township assessor to the county assessor rather than to the county auditor. Requires the county assessor to make certifications to the county auditor. Provides for the certification of professional appraisers. Allows the state board of tax commissioners to impose continuing education requirements to retain a certification as an assessor-appraiser. Removes a provision prohibiting the state board of tax commissioners from imposing certification requirements on deputy township assessors and deputy county assessors. Grants tax exemptions to nonprofit rehabilitators of residential property so long as the rehabilitators plan to transfer the property to low income individuals who will not be exempt. Provides that the property tax statements prepared by a county treasurer may include an itemized listing of certain information for each property tax levy. Eliminates annual filing of an exemption application for tangible property used for religious purposes or by a religious society for educational purposes if an initial application has been properly filed and title has not changed on the tangible property since the initial application was filed. Provides the 1997 exemption for property used for religious worship or educational purposes even though a property owner failed to file the exemption application for 1997 and requires a refund of the taxes that were paid or the termination of the collection action if the taxes were not paid. Provides that in a conservancy district a special benefits tax liability of less than $10 on a parcel is increased to $10. Makes other changes. (92)
HB 1784
Author(s): Bauer
Sponsor(s): Borst; Gery
Citations Affected: IC 4-22; IC 4-32; IC 6-2.1; IC 6-2.5; IC 6-3; IC 6-3.5; IC 6-5.5; IC 6-6; IC 6-8.1; IC 6-9; IC 16-44; noncode.
Effective: July 1, 1993 (retroactive); upon passage; July 1, 1997; January 1, 1998.
Various tax matters. Includes limited liability companies in the definition of "receipts" for the purposes of gross income tax. Provides that a one-person limited liability company is not subject to the gross income tax. Specifies that a fee paid to be a member of certain organizations is a membership fee and exempt from the gross income tax if received by a group, an organization, or a nonprofit corporation that is organized for fraternal or social purposes, or as a business league or association, even if the fee covers specific services or property. Requires the department of state revenue to cancel and stop assessing these organizations for gross income tax on fees previously collected. Requires a person to pay sales tax directly to the department of state revenue if the person improperly acquires property without paying the gross retail tax by presenting an exemption certificate to the seller. Creates a rebuttable presumption that a vehicle was sold for the average selling price of the vehicle as determined in a buying guide for purposes of imposing the use tax. Provides that the trade-in value of a vehicle in a lease transaction for a like vehicle is exempt from sales tax. Provides that the value of a like kind exchange may not be taken into account for purposes of determining gross retail income from the transaction in order to impose the use tax. Increases the inspection fee for gasoline and kerosene from $0.04 to $0.20 per barrel. Changes the deadline for rescission of county option income taxes and county economic development income taxes to April 1. Requires that members of a local income tax council must vote on each ordinance presented. Requires small banks and savings and loan associations to add to income the amount of bad debts collected during the taxable year that had been deducted in a previous taxable year. Provides that an excess tax payment that is not credited against current or future tax liability within 90 days accrues interest from the later of the date the tax payment was due or the date the tax was paid. Extends the period in which the department of state revenue may issue a proposed assessment of the adjusted gross income tax or supplemental corporate net income tax if a taxpayer's federal income tax liability for a taxable year is modified due to the assessment of a federal deficiency or the filing of an amended federal income tax return. Provides that the period is extended to six months after the date the taxpayer files notice of the modification. Removes expired dates from various sections of the state tax laws. Provides that a letter of finding issued by the department of state revenue is a public document and is required to be published in the Indiana Register. Allows a taxpayer to delete confidential information from a letter of finding before it is made public. Allows taxpayers to use electronic fund transfers for payments exceeding $10,000. (Current law allows taxpayers to use electronic fund transfers for payments exceeding $20,000.) Provides that the commissioner of the department of state revenue may settle a tax dispute if there is substantial doubt as to the constitutionality of the tax, the right to impose the tax, the correct amount of the tax due, the collectibility of the tax, or whether the taxpayer is a resident or nonresident of Indiana. Provides that the commissioner of the department of state revenue may settle a tax liability dispute regarding an amount less than $25,000 after a taxpayer files an original appeal without approval by the governor and the attorney general. Creates the Hendricks County admissions tax fund. Provides that the admissions tax is deposited in the county admissions tax fund instead of the county general fund. Provides that the admissions tax may be used only for certain specified purposes. (92)
HB 1785
Author(s): Bauer
Sponsor(s): Borst; Gery
Citations Affected: IC 6-6.
Effective: January 1, 1998.
Fuel and aircraft excise taxes. Establishes reporting requirements for special fuel suppliers with respect to the special fuel tax. Requires estimated payment of special fuel tax by the fifteenth day of each month. Requires that the remaining balance of special fuel tax due must be paid by the twentieth day of each month. Adds importers and blenders to the coverage of penalty provisions for failure to collect or timely remit special fuel tax. Makes numerous changes to the aircraft excise tax law concerning the registration and taxation of aircraft. Provides for the registration of aircraft dealers. Requires the transferring owner of an aircraft to notify the department of state revenue of the transfer or sale of the aircraft. (92)
HB 1796
Author(s): Bischoff
Sponsor(s): Nugent; Lewis
Citations Affected: IC 14-22.
Effective: July 1, 1997.
Landowner's right to hunt and fish. Allows a resident or a nonresident of Indiana who owns farmland in Indiana to hunt, fish, and trap on the farmland without obtaining a license. However, provides that a nonresident may hunt, fish, and trap on the nonresident's farmland only if the nonresident's state of residence grants the same privilege to Indiana residents who own land in that state. Also requires a nonresident, while hunting, fishing, or trapping on the nonresident's farmland, to keep proof of ownership of the farmland readily accessible. (55)
HB 1807
Author(s): Budak; Dickinson
Sponsor(s): Clark; Landske
Citations Affected: IC 31-6.
Effective: July 1, 1997.
Paternity and visitation. Provides that, upon the referral of the division of family and children or the county office of family and children, the prosecuting attorney's office is required to file a petition to establish the paternity of a child born out of wedlock who: (1) is or is alleged to be in need of services; and (2) has been removed from the child's home. Applies if the: (1) identity of the alleged father is known; and (2) division of family and children or county office of family and children reasonably believes that establishing the paternity of the child would be beneficial to the child. Requires the division of family and children or the county office of family and children to sign each paternity petition as the child's next of friend. Provides that a noncustodial parent must be allowed to make up any lost visitation if: (1) the noncustodial parent is a member of the Indiana National Guard or a member of a reserve component of the armed forces of the United States; (2) the noncustodial parent misses court approved visitations due to participating in activities required by the Guard or reserve; and (3) the noncustodial parent notifies the custodial parent at least seven days before the noncustodial parent misses the anticipated visitation, unless the noncustodial parent is unable to provide notice due to a government emergency. Provides that the member shall be allowed to make up the lost visitation at the member's earliest convenience but not later than one month after the member misses the visitation provided that exercising the lost visitation does not conflict with the child's school schedule. (76)
HB 1811
Author(s): Kersey; Whetstone
Sponsor(s): Wyss; Alexa
Citations Affected: IC 6-6-10-7; IC 10-4-1-23; noncode.
Effective: July 1, 1997.
Local emergency planning committees. Provides that the state emergency management agency (rather than the department of environmental management) administers the money distributed to local emergency planning committees from the state emergency planning and right to know fund. Provides additional purposes for which the money may be used. Provides that a political subdivision may not prohibit an individual engaged in employment necessary to maintain a safe rail system, restore utility service, or provide any other emergency public service from traveling on the highways within the political subdivision during a local disaster emergency. (92)
HB 1814
Author(s): Tincher
Sponsor(s): Bray; Alexa; Jackman; Dempsey; Howard; Waterman; Wyss; Randolph
Citations Affected: IC 34-1-70.
Effective: July 1, 1997.
Drug dealer liability. Specifies that a person who knowingly participates in the illegal drug market in Indiana is liable for certain civil damages. Allows certain persons to recover damages for an injury that results from an individual's use of an illegal drug. (69)
HB 1815
Author(s): Tincher; Alderman
Sponsor(s): Riegsecker; Alexa; Zakas
Citations Affected: IC 4-6; IC 24-5.
Effective: July 1, 1997.
Deceptive sales. Expands the purposes of the deceptive consumer sales act to include simplifying, clarifying, and modernizing the law governing consumer sales practices to include protecting consumers from suppliers who commit deceptive and unconscionable sales acts. Specifies that nonprofit corporations and organizations are among the legal entities that are to be protected by the deceptive consumer sales act. Makes unconscionable acts various acts by a supplier that solicits a person to enter into a contract or agreement under certain circumstances. Provides that signing a contract or agreement creates a rebuttable presumption that the person knows the terms of the agreement. (93)
HB 1820
Author(s): Ruppel; Tabaczynski
Sponsor(s): Harrison
Citations Affected: IC 21-6.1.
Effective: July 1, 1997.
Per diem for TRF board members. Provides that members of the teacher retirement fund board of trustees shall receive for expenses incurred in performing the duties of the board the same per diem, mileage, and travel allowances paid to members of the general assembly serving on interim study committees. (90)
HB 1826
Author(s): Gulling; Crosby
Sponsor(s): Gard; Lewis
Citations Affected: IC 5-1; IC 16-22.
Effective: July 1, 1997.
County hospitals. Provides that remonstrance provisions that apply to proposed leases involving the Indiana health facilities authority or a county hospital building authority do not apply if the Indiana health facilities authority or the county hospital building authority complies with provisions for the issuance of bonds and other evidences of indebtedness by a political subdivision. Provides that the governing board of a county hospital may petition the county executive to increase the size of its governing board from four members to as many as nine members. Allows the governing board to petition the county executive to decrease the size of the governing board to as few as four members either through the vacancy or removal of governing board members. Staggers the initial terms of the governing board members as necessary. Provides that there is no limit to the number of times a governing board may seek to increase or decrease its size. Requires a governing board to hold at least ten regular meetings each year. Provides that a law allowing the governing board of a county hospital to expend not more than 0.5% of hospital revenues for the preceding calendar year for a program that contributes to the productivity or morale of personnel, volunteers, or physicians does not apply to an employee compensation arrangement. Allows the governing board of a county hospital to conduct business with a state that is adjacent to Indiana. Provides that the terms of an agreement to sell or lease county hospital buildings to a for profit corporation, partnership, or entity, or an agreement to transfer the assets of a county hospital to a nonprofit hospital corporation, may provide for immunity for an individual who is a member of the hospital's governing board, a member of the county executive, the county, or a member of the county fiscal body in relation to the sale, lease, or transfer. Provides that a county hospital may hold an executive session to engage in strategic planning or to participate (88)
HB 1829
Author(s): Leuck; Espich
Sponsor(s): Johnson; Weatherwax
Citations Affected: IC 6-2.5; noncode.
Effective: January 1, 1997 (retroactive); upon passage.
Sales and use tax. Exempts the purchase or lease of rail transportation equipment, parts, components, and supplies from the state gross retail tax. Exempts drug samples from the gross retail tax. (92)
HB 1844
Author(s): Kromkowski; Behning; Richardson; Ruppel
Sponsor(s): Skillman; Landske; Rogers; Washington
Citations Affected: Numerous provisions throughout the Indiana Code
Effective: January 1, 1995 (retroactive); May 10, 1995 (retroactive); July 1, 1995 (retroactive) July 1, 1996 (retroactive); January 1, 1997 (retroactive); upon passage; July 1, 1997; July 2, 1997; January 1, 1998; January 1, 1999.
Election law. Makes the following changes in campaign finance law: (1) Provides that a member of the general assembly, a candidate for election to the general assembly, or a legislative caucus committee may not solicit or accept contributions or conduct other fundraising activities during the long session of the general assembly (defined to be the first session day in January through sine die adjournment). Provides that the prohibition does not apply to a member of the general assembly with respect to an office other than a legislative office to which the member seeks election. Provides that a member of or a candidate for the general assembly is not prohibited from participating in party activities conducted by a regular party committee. Requires the Indiana election commission to assess a civil penalty for a violation equal to the greater of two times the amount of contributions received or $1,000. (2) Increases the civil penalty for late filing of campaign finance reports from $10 per day to $50 per day for each day the report is late. Increases the cap on civil penalties imposed for delinquent campaign finance reports from $100 to $1,000. Requires assessment of a civil penalty for delinquent reports. Authorizes the Indiana election commission and the county election boards to waive or reduce a penalty if, by unanimous vote of the entire membership, the commission or the board finds that imposition of the penalty would be unjust under the circumstances. (3) Provides that a person must pay all civil penalties assessed for late campaign finance reports from a previous candidacy, in addition to filing the delinquent reports from the previous candidacy, to be relieved of liability for the delinquent campaign finance reports. Provides that all civil penalties assessed for late campaign finance reports can be withheld from the salary of an individual elected to office. (4) Provides that campaign finance reports must be filed current as of 25 days before a candidate's nomination date. Requires reports to be filed current as of 25 days before the general election and 25 days before a special election. (5) Provides that campaign finance reports may be filed by electronic mail if the appropriate office has the capability to receive electronic mail. (6) Requires the treasurer of a committee to report the following information regarding contributors: (A) Full name. (B) Full mailing address. (C) The contributor's occupation if the contributor is an individual who has given at least $1,000 during the calendar year. (7) Requires candidate's committees to report separately expenditures made by other committees on behalf of the candidate's committee. Requires a committee to report to a candidate's committee any contributions received or expenditures made on behalf of a candidate's committee. (8) Requires all candidates to make a report regarding large contributions received after the filing of the pre-election report not later than noon five days before the election. Requires the report even if the candidate did not receive a large contribution. Defines large contribution to be $1,000 or more. (9) Defines legislative caucus committees. Provides that these kinds of committees are not political action committees. Provides that legislative caucus committees are required to file only an annual report covering odd-numbered years. (10) Provides that a candidate's declaration of candidacy, declaration of intent to be a write-in candidate, petition of nomination, or certificate of nomination must contain a statement that the candidate is aware of the provisions of the law relating to campaign finance and agrees to comply with those provisions. (11) Provides that the treasurer of a committee is required to keep a detailed record of all information the treasurer is required to report under the campaign finance article. (12) Authorizes the Indiana election commission to hold hearings and issue advisory opinions in the administration of Indiana election law. (13) Requires the Indiana election commission to provide codes to account for various campaign expenditure items and a clear explanation of the kinds of expenditure items that must be accounted for under each code. (14) Requires the Indiana election commission to provide for electronic submission of campaign finance reports by candidates for legislative office and state office. Requires the commission to provide training at no cost to candidates to enable electronic filing of campaign finance reports. (15) Requires the Indiana election commission to design forms to notify candidates of reporting deadlines and penalties for filing late reports. Requires the Indiana election commission to mail campaign finance report forms and a notice that states the date the campaign finance reports are due to each candidate and treasurer of the candidate's committee 21 days before the campaign finance reports are due. Local election boards may implement these procedures. (16) Provides that the Indiana election commission is not required to implement provisions relating to computer systems if appropriations or allotments are not made for those purposes. (17) Repeals obsolete statutes relating to reporting certain expenditures. (18) Makes other changes in election law concerning: the filing of statements of economic interests by candidates; the certification of petitions; political parties; county election boards; precinct election officials; watchers; polltakers; voter registration; candidate qualifications; declarations of candidacy and petitions of nominations; presidential primaries; general and municipal elections; state convention delegates; special elections; public questions; ballots; certification of candidates and party symbols; absentee ballots; ballot counting and canvassing; recounts and contests; candidate vacancies; office vacancies; election law violations and penalties; and oaths of office and resignations. (75)
HB 1845
Author(s): Dobis; Grubb; Ruppel; Behning
Sponsor(s): Meeks; Craycraft
Citations Affected: IC 10-1-1-4.
Effective: July 1, 1997.
State police holding elected office. Allows an employee of the state police department to serve in a part time local elected office without resigning from the state police department. Provides that service in the local office is subject to rules and employee policies of the state police department. (71)
HB 1846
Author(s): Linder
Sponsor(s): Jackman; Riegsecker; Washington; R. Young
Citations Affected: IC 8-2.1; IC 9-21.
Effective: July 1, 1997.
Oversized vehicles. Requires intrastate motor carriers not operating under the United States Department of Transportation to register with the Indiana department of state revenue. Expands the size of a vehicle that may not be operated at a speed greater than 45 miles per hour from more than eight feet, six inches in width to more than ten feet, six inches and from more than 80 feet in length to more than 85 feet. Provides that certain federal regulations do not apply to certain holders of a commercial driver's license who are insulin dependent diabetics if specified conditions are certified by an endocrinologist. (89)
HB 1865
Author(s): Hasler; Gulling; Tincher; Sturtz; Wilson; Kruse
Sponsor(s): Meeks; McCarty
Citations Affected: IC 10-1.
Effective: July 1, 1997.
Statewide 800 MHz public safety trunking system. Allows the state police department to establish an Indiana statewide public safety trunking system to interconnect state and local public safety agencies. Establishes the public safety trunking system committee to manage and control the system subject to the approval of the superintendent of the state police department. Provides that the committee may determine whether a public safety agency may use the system. Provides that the communications division of the state police department is responsible for certain aspects of the system unless otherwise directed by the superintendent. Requires the communications division to keep statistical information and control reports for use by the committee and the superintendent. Requires a public safety agency that begins using the system after June 30, 1997, to enter into a user agreement before using the system. (87)
HB 1874
Author(s): Fry; Espich
Sponsor(s): Skillman; Washington; Merritt; Jackman; Lubbers.
Citations Affected: IC 5-7; IC 23-1.5; IC 23-4; IC 23-5; IC 23-18; IC 26-1; IC 33-16; noncode.
Effective: July 1, 1993 (retroactive); October 1, 1995 (retroactive); January 1, 1997 (retroactive); upon passage; July 1, 1997; January 1, 1998.
Various secretary of state provisions. Eliminates the fees charged by the secretary of state for attestation and seal of a document and for certified copies. Provides that an individual who holds a professional license from another state may be a shareholder in a professional corporation. Removes the requirement that professional corporations must file shareholder information with the secretary of state. Allows a domestic or foreign limited liability partnership to amend its registration. Requires a domestic professional corporation and a foreign professional corporation to have at least one shareholder who is licensed in Indiana. Removes a requirement that a professional corporation obtain a licensing authority's certification that the entities to whom the corporation will issue or transfer its shares are qualified to own its shares. Provides that a domestic limited liability partnership is not required to file a biennial report and that a foreign limited liability partnership is not required to file an annual report. Allows a domestic or foreign limited liability partnership to have its registration withdrawn. Allows a domestic or foreign limited liability partnership to reserve its name. Requires a domestic or foreign business trust to file a biennial report. (Current law requires a business trust to file an annual report.) Amends the fee provisions for filing business trust documents. Specifies that a professional corporation must file an annual report under IC 23-1. Requires a financing statement filed to perfect an interest to be on a form prescribed by the secretary of state. Changes the requirements for amending a financing statement. Provides that when a financing or other statement is filed, the filing officer shall issue a document showing whether an effective financing statement and statement of assignment is on file. (Current law requires the filing officer to issue a certificate.) Repeals statutes requiring professional corporations and business trusts to file annual reports. Repeals statutes requiring professional corporations and business trusts to file annual reports. Repeals statutes that allow the secretary of state to administratively withdraw the registration of a limited liability partnership. Extends a notary public's office to ten years.(Under current law a notary public's office is four years.) Adds a provision that validates the petition procedure for a school corporation that provided evidence of indebtedness, a lease, or other written obligation executed before March 31, 1997. (87)
HB 1875
Author(s): Espich; Grubb; Ripley
Sponsor(s): Skillman; Craycraft; Merritt; Lubbers.
Citations Affected: IC 23-2.
Effective: July 1, 1997.
Securities law. Makes various changes in state securities law to conform with the National Securities Markets Improvement Act of 1996. Provides that a securities agent who effects a transaction involving certain securities that are exempt from state review under federal law is exempt from state registration requirements. Provides that a person who is: (1) an investment adviser to an investment company registered with the Securities and Exchange Commission; (2) registered as an investment adviser with the Securities and Exchange Commission; or (3) not an investment advisor under federal law; is exempt from state registration requirements. Provides that the following are exempt from state registration requirements: (1) An investment adviser representative associated with an investment adviser registered under state law. (2) An investment adviser representative with a place of business in Indiana who is associated with an investment adviser required to be registered with the Securities and Exchange Commission. Provides that a federal covered security may be sold within Indiana. Allows the securities commissioner to determine by rule the documents required for an offering of a federal covered security in Indiana. Specifies the fees required for an offering of a federal covered security in Indiana. Allows the commissioner to take action against a registrant if the registrant does not comply with minimum financial standards or bonding. Provides that an investment adviser registered with the Securities and Exchange Commission violates state law if the adviser associates with an investment adviser representative who is not registered or exempt from registration under state law. Provides that an investment adviser may not conduct advisory business if the adviser fails to file documents required by the securities commissioner. Specifies that the securities commissioner may require: (1) minimum capital for registered broker-dealers; and (2) minimum financial requirements for investment adv (87)
HB 1915
Author(s): Grubb; Lytle; Wolkins; Friend
Sponsor(s): Harrison; Jackman
Citations Affected: IC 13-11-2; IC 13-18-10; IC 15-3-3; IC 25-1-2-6; IC 26-3-7; IC 26-4-1-3.
Effective: July 1, 1997.
Various agricultural matters. Makes numerous changes to the law concerning confined feeding operations, including the following: (1) Amends the definition of "confined feeding". (2) Specifies that an applicant for a permit to start constructing a confined feeding operation must submit the completed application form to the department of environmental management together with the plans and specifications for manure treatment and control facilities, a manure management plan, other supplemental information, and a $100 fee. (3) Requires an applicant who applies for approval to construct a confined feeding operation on land that is undeveloped or for which a valid existing approval has not been issued to make a reasonable effort to provide notice concerning the construction to each person who owns land that adjoins the land on which the confined feeding operation is to be located not more than 10 working days after submitting the application. (4) Specifies that if the department fails to make a determination on an application not more than 90 days after the date the department receives the completed application, the applicant may request a refund of the application fee and the commissioner shall approve or deny the application as soon as practicable. (5) Specifies that a confined feeding operation must prepare and submit a current manure management plan every five years. Makes changes to the law concerning fertilizer including the following: (1) Changes references to the association of official analytical chemists to AOAC International. (2) Changes references to phosphoric acid to phosphate. (3) Raises the weight of packages to be included in the $40 registration classification from five pounds to 12 pounds. (4) Creates the fertilizer advisory board to study the regulation of fertilizer and to advise the state chemist regarding fertilizer issues. Changes the name of the Indiana commodity warehouse licensing agency to the Indiana grain buyers and warehouse licensing agency. Makes numerous changes in (95)
HB 1917
Author(s): Scholer
Sponsor(s): Gard; Gery
Citations Affected: IC 13-26.
Effective: July 1, 1997.
Regional water, sewage, and solid waste districts. Requires the petitioner proposing to form a regional water, sewage, or solid waste district to give notice to other governmental units having territory within the proposed district. Provides that only a fiscal body of an eligible entity that is included and specifically named in a plan of a proposed regional sewage, water, or solid waste district is required to authorize a petition to establish a district. (58)
HB 1921
Author(s): Klinker; Alderman; V. Smith; Scholer
Sponsor(s): Johnson; Sipes; Miller; Simpson; Ford; Zakas
Citations Affected: IC 4-15; IC 4-24; IC 6-1.1; IC 12-7; IC 12-8; IC 12-9; IC 12-10; IC 12- 11; IC 12-15; IC 12-24; IC 12-26; IC 12-29; IC 12-30; IC 22-3; IC 27-8; IC 36-7; noncode.
Effective: Upon passage; June 30, 1997; July 1, 1997.
DDARS services. Makes changes to references to certain state institutions. Requires community mental retardation and other developmental disability centers (MR/DD centers) to be accredited by CARF (formerly known as the Commission on Accreditation of Rehabilitative Facilities). Requires the division of disability, aging, and rehabilitative services (DDARS) to establish reimbursement rates for MR/DD centers. Amends the definition of endangered adult. Requires DDARS to set upper rate limits and review rates for certain residential and county homes. Changes the term case manager to service coordinator. Moves the agency that determines and reviews rates and costs for residential and county homes from the office of Medicaid policy and planning (OMPP) to DDARS. Adds certain federal agencies that may be designated as representative payees. Adds the appointment of a health care representative and a power of attorney as least restrictive alternatives to full guardianship. Provides that an adult guardian service program must be audited by a certified public accountant. Allows the community and home options to institutional care for the elderly and disabled program board to perform certain duties concerning adult guardianship services. Increases the amount of funds transferred to the Medicaid indigent care trust fund during state fiscal year 1997. Allows certain governmental entities to make additional transfers to the Medicaid indigent care trust fund to the extent necessary to make additional payments from the Medicaid indigent care trust fund apply to a prior federal fiscal year. Makes changes in the reimbursement formulas for enhanced disproportionate share hospitals. Requires OMPP to develop an enhanced disproportionate share payment methodology for each state fiscal year that ends on or after June 30, 1998, that ensures that each enhanced disproportionate share provider receives total disproportionate share payments that do not exceed its hospital specific limit. Removes the distinction between nongovernmental and governmental hospitals for purposes of determining enhanced disproportionate share adjustments. Requires OMPP to include a provision in each state plan amendment regarding enhanced disproportionate share payments to allow the state to make additional enhanced disproportionate share expenditures after the end of a federal fiscal year that relate back to the prior federal fiscal year. Provides conditions under which an eligible hospital may receive an additional enhanced disproportionate share adjustment. Provides that children between the ages of 6 and 19 who live in families with limited income are eligible for Medicaid. Increases the basic disproportionate share payment pool from $5 million to $8 million. Allows children who are less than one year of age and children between the ages of 6 and 19 with limited family incomes to have the state's Medicaid share paid from the Medicaid indigent trust fund. Allows a family member or caregiver of a developmentally disabled individual to receive assistance from DDARS to obtain respite care services. Removes provisions that: (1) allow DDARS to place an individual in respite care in a state developmental center over the caregiver's objection; and (2) require a state developmental center to provide respite care. Places the long term care program under the jurisdiction of OMPP and the department of insurance. Requires a DDARS service coordinator to forward certain information to local agencies that serve developmentally disabled individuals. Allows the superintendent of a facility to which an individual is committed to transfer the commitment to a community residential program or to certain intermediate care facilities. Changes the agency that may issue an order to serve as a determination if there is a need to establish a housing authority from DDARS to the division of family and children. Corrects certain cross references. Repeals the: (1) adult guardianship services advisory board; (2) payor advisory council; (3) security officer police powers at state institutions; and (4) DDARS requirements to examine community mental retardation centers' budgets and to reimburse centers based upon the budget examinations. Staggers the terms of the commission on rehabilitation services. Provides that the reimbursement rate for certain facilities may not exceed 52% of the average daily rate of reimbursement for licensed intermediate care facilities until OMPP adopts a case mix rate of reimbursement. Requires OMPP to establish a payment rate to a hospice program that provides: (1) palliative care for the physical, psychological, social, spiritual, and other special needs of a hospice patient during the final stages of the patient's terminal illness; and (2) care for the psychological, social, spiritual, and other special needs of the patient's family before and after the hospice patient's death. Provides specific conditions on which to base the payment rate. Provides that a member of the board of managers of a health center located in St. Joseph County may serve consecutive four year terms without limitation. Requires the health finance commission to study certain topics. (77)
HB 1925
Author(s): Cook; Ripley
Sponsor(s): Wyss; Bray; Alexa
Citations Affected: IC 4-31; IC 9-13; IC 9-24; IC 9-30; IC 14-15; IC 35-33.
Effective: July 1, 1997.
Evidence of intoxication. Specifies that the percentages that determine intoxication and related offenses are based upon the concentration in grams of alcohol in one hundred milliliters of a person's blood or in two hundred ten liters of a person's breath. Makes conforming amendments to the laws concerning operating a motorboat while intoxicated. (71)
HB 1929
Author(s): Cook; Wilson; Mock; Warner
Sponsor(s): Riegsecker; Alexa; Gard; Zakas;
Citations Affected: IC 9-13; IC 9-18; IC 9-20; IC 9-24; IC 9-29; noncode.
Effective: January 1, 1997 (retroactive); July 1, 1997; January 1, 1998; July 1, 1998;
Road test and motor vehicle registration. Requires the bureau of motor vehicles to waive the road test required for a person applying for a driver's license if the person has taken and passed a driver's education class and road test given by a commercial driver training school or a high school driver education program. Requires the bureau of motor vehicles to adopt rules specifying requirements for the road test given by a commercial driver training school or a high school driver education program. Allows the department of state revenue to stagger the issuing of registration permits for motor vehicles subject to the International Registration Plan. Specifies that the department of state revenue may issue temporary trip permits for tractor-trailers. (Current law allows the bureau of motor vehicles to issue the temporary trip permits. However, responsibility for issuing the registration for these vehicles was otherwise transferred to the department of state revenue in 1996.) Allows the department of state revenue to issue hunter's permits to a common carrier that contracts with an owner/operator of a tractor-trailer so that when the owner/operator ceases working for the common carrier, if the registration was in the name of the common carrier, the owner may have a hunter's permit transferred to the owner and the owner may move the tractor-trailer within Indiana for 30 days to look for employment without first registering the tractor- trailer. Specifies that rules used by the bureau of motor vehicles to implement temporary registration permits for tractor-trailers are to be used by the department of state revenue until the department of state revenue adopts rules. Specifies that the department of state revenue may issue a temporary registration for a tractor-trailer when all communication with the person seeking the temporary registration has been done by telephone and fax machine. Permits the department of transportation to allow a vehicle that requires a permit to be operated on public roads to tow a light passenger vehicle designed to seat 10 or fewer passengers, including the driver, provided the combination does not violate certain specified weight and size restrictions. Prohibits the manufactured home part of an extra wide manufactured home rig from exceeding 80 feet in length. Prohibits the tractor part of an extra wide manufactured home rig from being less than 12 feet in length. (Current law prohibits the whole combination from exceeding 95 feet in length.) Defines a pop-up camper trailer as a recreation camping unit that is designed for temporary living quarters that is mounted on wheels and is constructed with collapsible sidewalls that fold or telescope in order to be towed by a motor vehicle. Provides that a pop-up camper trailer must be registered with the bureau of motor vehicles in the same manner as other trailers. (89)
HB 1934
Author(s): Ripley; Moses
Sponsor(s): Long; Ford
Citations Affected: IC 14-30-2.
Effective: July 1, 1997.
Maumee River basin commission. Makes the county surveyor of each participating county a voting member of the Maumee River basin commission. (55)
HB 1945
Author(s): Kruzan; Linder; Crooks; Padfield.
Sponsor(s): Harrison; Hume; Simpson.
Citations Affected: IC 4-7; IC 5-14; IC 5-21; IC 5-22; noncode.
Effective: Upon passage; July 1, 1997.
Enhanced access and digital signatures. Requires a state agency (other than the office of the secretary of state, auditor, treasurer, attorney general, superintendent of public instruction, or clerk of the supreme court) to provide enhanced access to public records only through the computer gateway administered by the intelenet commission except as permitted by the data process oversight commission. Allows a public agency other than a state agency to provide enhanced access to public records through the computer gateway administered by the intelenet commission. Allows a public agency other than a state agency to provide a person with enhanced access to public records if access is provided through: (1) the agency's computer gateway for which the agency has established procedures to prevent unauthorized access, alteration, and disclosure of confidential public records; or (2) the computer gateway of a third party with which the agency has entered into a contract requiring the third party to provide protection of public records. Allows a person to make a request for inspection and copying of public records by telephone or facsimile. (Current law provides that a person may make a request in person or by mail.) Requires the intelenet commission to enter into a competitively bid network manager contract to provide for the development, operation, maintenance, and expansion of electronic transactions with a public agency and electronic information access from a public agency. Provides that a digital signature on a document received by or filed with the state is effective if it meets certain criteria. Provides that the state board of accounts is responsible for implementing and administering a method used by the state to conduct authenticated electronic transactions using digital signatures. Requires the state board of accounts to seek the advice of public and private entities in adopting administrative rules. Creates the enhanced data access review committee. Specifies that all forms and reports used by the auditor of state to enter information into the auditor of state's accounting system are subject to the approval of the auditor of state. Allows the auditor of state to require that a form or report submitted to the auditor of state for processing must be submitted in paper form, by facsimile, or electronically if the requirement: (1) is approved by the state board of accounts; and (2) does not create a hardship for a person that submits the form or report to the auditor of state. (87)
HB 1949
Author(s): Alderman; Bailey
Sponsor(s): Wheeler; Waterman; Breaux; Clark; Paul; Lewis; Nugent; Dempsey; Wolf; Harrison; Johnson; Meeks; Bowser; Alexa
Citations Affected: IC 7.1-3.
Effective: Upon passage.
Alcoholic beverage permits. Prohibits the alcoholic beverage commission from issuing beer dealer's permits to stores other than drug stores or grocery stores. Increases the population quota for package liquor store dealer's permits. Grandfathers holders of permits obtained before these changes in type of store or quota requirements. Corrects an incorrect cross reference. (02)
HB 1961
Author(s): Klinker; Goeglein; Becker; C. Brown; Crosby; Budak; Scholer
Sponsor(s): Miller; Simpson; Server; Breaux
Citations Affected: IC 16-27; IC 16-36; IC 16-41; IC 25-1; IC 25-23.6; IC 34-4; noncode.
Effective: Upon passage; July 1, 1997.
Health and social work licensure. Provides that individuals who practice social work, clinical social work, marriage and family therapy, and mental health counseling must be licensed by January 1, 1999. Changes the membership of the social worker, marriage and family therapist, and mental health counselor board (the board). Requires the entire board to consider applicants' qualifications for licensure, provide required examinations, and renew licenses. Allows social workers and marriage and family therapists to use certain appraisal instruments. Provides that certain actions, if performed by a social worker, clinical social worker, marriage and family therapist, mental health counselor, or children's caseworker will subject the individual to the exercise of disciplinary sanctions. Prohibits a social worker from providing expert testimony. Prohibits certain titles from being used by a person unless the person is licensed by the board. Allows certain titles to be used by a person if the person provides services in a hospital or community mental health center and does not profess to be licensed by the board. Makes certain practices Class A misdemeanors. Establishes educational, experience, and continuing education requirements to be licensed to practice social work, clinical social work, marriage and family therapy, and mental health counseling. Provides procedures by which individuals who are certified by the board may be licensed, including procedures to grant a license to an individual with any restrictions the board believes are appropriate to protect the public health. Provides circumstances under which the board may exempt individuals from licensure requirements. (77)
HB 1968
Author(s): Alevizos; Steele
Sponsor(s): Server; Lewis; Paul
Citations Affected: IC 32-9.
Effective: Upon passage.
Interest in unclaimed property. Modifies the meaning of an indication of an owner's interest in property under the unclaimed property act to include: (1) the mailing of certain correspondence from a financial institution to the owner if the correspondence is not returned for nondelivery; and (2) certain activities by the owner concerning accounts with financial institutions. (93)
HB 1969
Author(s): Alevizos
Sponsor(s): Clark; Hellmann
Citations Affected: IC 7.1-3-4-2.
Effective: Upon passage.
Elective office for ABC permittees. Removes the restriction against issuance by the alcoholic beverage commission (ABC) of a beer retailer's permit to a mayor or other elected local or state official. (Removal of this restriction also enables an elected official to obtain a beer dealer permit, temporary beer permit, liquor dealer permit, wine retailer permit, or temporary wine permit.) (02)
HB 1992
Author(s): Kuzman; Kruzan; Wolkins
Sponsor(s): Landske; Lewis; Gard
Citations Affected: IC 4-21.5; IC 13-14-18-11; IC 13-15; IC 13-17-6-10; IC 13-18; IC 13-19- 3-1; IC 13-23; IC 13-24-1-4.
Effective: Upon passage; July 1, 1997.
Administrative orders and environmental matters. Provides that an order issued by an ultimate authority under Title 13, 14, or 25 of the Indiana Code must include: (1) separately stated findings of fact and, if the order is a final order, conclusions of law for all aspects of the order; and (2) a statement of the available procedures and time limit for seeking administrative review of the order. Specifies that the director of the office of environmental adjudication prepares the budget for the office. Specifies that appeals concerning permit applications and certain other orders and determinations made by the commissioner of the department of environmental management are made to the office of environmental adjudication instead of to the air pollution control board, solid waste management board, or water pollution control board. Specifies that an environmental law judge holds adjudicatory hearings concerning the appeals instead of one of the boards. Provides that appeals concerning requests to receive funds from the underground petroleum storage tank excess liability trust fund are made to the office of environmental adjudication instead of to the underground petroleum storage tank financial assurance board. Specifies that persons aggrieved by the revocation or modification of certain environmental permits must appeal to the office of environmental adjudication instead of to one of the boards. Specifies that a permit is required for the construction, installation, or modification of sources, facilities, equipment, or devices of a public water supply, including water distribution systems. Requires the water pollution control board to adopt permits by rule for certain water main extensions. Provides that rules adopted to establish protection zones around community water system wells or certain zoning to establish protection zones around community water system wells may not restrict any activity by: (1) an owner of land; (2) a mineral owner; or (3) a mineral leaseholder of record unless the owner or leaseholder is sent written notice of, and has an opportunity to be heard on, the establishment of the zone and the construction of the community water supply system that caused the establishment of the zone. Specifies that in an administrative action brought under the law concerning petroleum releases, an environmental law judge apportions the costs of a response or a remedial action instead of an administrative law judge. Repeals a provision allowing the underground petroleum storage tank financial assurance board to select an administrative law judge for an appeal on denial of a request for funds from the excess liability trust fund. Requires the department of environmental management to publish a notice in the Indiana Register of the water pollution control board's intent to adopt a rule that concerns 327 IAC 15-5 involving storm water run off associated with construction activity before July 1, 1997. (69)
HB 1998
Author(s): Avery; Buell
Sponsor(s): Merritt; Hume
Citations Affected: IC 25-2.1.
Effective: July 1, 1997.
Accounting certification. Requires an applicant for a certificate as a public accountant to show that the applicant has had three years of experience under the direction or supervision of a certified public accountant, a public accountant, an accounting practitioner, or a chartered accountant licensed in the United States, Canada, or another jurisdiction. Excludes inactive accountants from the continuing education requirement. Allows the state board of accountancy to modify the continuing education requirements for the reinstatement of the certification of an inactive accountant. Allows an inactive accountant to use terms and abbreviations associated with certified accountants if the inactive accountant follows the terms or abbreviations with the word "inactive". Repeals several provisions governing: (1) complaints and hearings concerning accountants; (2) the requirement that a licensed accountant pay the court costs in an action associated with the imposition of sanctions; and (3) the reinstatement of accountant certificates and permits. Eliminates requirements that the Indiana board of accountancy find probable cause to begin an investigation into the violation of the accountancy licensing law. (93)
HB 2008
Author(s): Marendt; Crawford
Sponsor(s): Clark
Citations Affected: IC 36-8.
Effective: July 1, 1997.
County police pensions. Provides that for an employee of a sheriff's department in a consolidated city who is a member of the pension trust of the sheriff's department, the monthly deductions from the employee's wages for the trust fund may not exceed 7% of the employee's average monthly wages. (Current law provides the deductions may not exceed 6% of the employee's average monthly wages.) (79)
HB 2010
Author(s): Porter
Sponsor(s): Bray; Howard; Craycraft
Citations Affected: IC 11-12; IC 35-38-1-8; IC 35-38-2.5-8.
Effective: July 1, 1997.
Community corrections. Specifies that a county may coordinate or operate community corrections programs for persons ordered to participate in a community corrections program as a condition of probation. Allows community corrections programs to include day reporting programs. Requires one victim or one victim advocate, if available, to serve on a community corrections advisory board. (Current law requires one victim, if available, to serve on the board.) Requires the department of correction to provide an approved training curriculum for community corrections field officers. Allows the governor to enter into interstate compacts on community corrections transfers. (Current law requires the governor to enter into the compacts.) Specifies that if a court sentences a person convicted of a Class D felony and the person is directly placed in a community corrections program, a probation officer must prepare a report to be sent with the person to the department of correction that is different from the presentence investigation report required under the law concerning persons sentenced to terms of imprisonment. Specifies that certain funds received by a community corrections program under the law concerning community corrections do not have to be deposited in a community corrections home detention fund along with home detention fees. (69)
HB 2013
Author(s): Bailey
Sponsor(s): Meeks
Citations Affected: IC 4-22; IC 4-33.
Effective: July 1, 1997.
Emergency rulemaking power. Grants the Indiana gaming commission emergency rulemaking powers to administer the provisions concerning riverboat gambling. Requires the Indiana gaming commission to begin the rulemaking procedures to adopt a rule adopted as an emergency rule not later than 30 days after the emergency rule is adopted. (95)
HB 2014
Author(s): Bailey
Sponsor(s): Skillman
Citations Affected: IC 9-18-2-49.
Effective: July 1, 1997.
Temporary license plates. Allows the bureau of motor vehicles to issue a temporary cardboard license plate that is valid for 30 days to a person renewing a motor vehicle's registration if the motor vehicle requires a new license plate. (89)
HB 2016
Author(s): Cook; Wilson
Sponsor(s): Riegsecker; Alexa; Craycraft; Skillman; Weatherwax
Citations Affected: IC 4-10-19-8.
Effective: July 1, 1997.
Local infrastructure revolving fund. Allows a loan from the local infrastructure revolving fund to exceed statutory loan amount limitations if the loan is associated with a project under a federal law authorizing the state infrastructure bank program. (71)
SB 5
Author(s): Kenley; McCarty; Landske; Antich
Sponsor(s): Villalpando; Foley
Citations Affected: IC 31-9; IC 31-12; IC 31-15; IC 31-16; IC 31-19; IC 31-34; IC 31-37.
Effective: July 1, 1997.
Title 31 Recodification. Proposed companion bill to the bill recodifying Title 31 of the Indiana Code concerning family law and juvenile law. Amends the recodified version of IC 31 to conform the statutes to the current practice of the law. (50)
SB 7
Author(s): Kenley; McCarty; Landske
Sponsor(s): Villalpando; Foley
Citations Affected: Numerous provisions throughout the Indiana code.
Effective: July 1, 1996 (retroactive); upon passage; July 1, 1997; January 1, 1998; January 1, 1999.
Technical corrections. Corrects errors in the Indiana Code. Reconciles blind amendments enacted during the 1996 session of the general assembly. (75)
SB 8
Author(s): Kenley; McCarty; Landske; Wyss
Sponsor(s): Villalpando; Foley
Citations Affected: Numerous provisions throughout the Indiana code.
Effective: July 1, 1997.
Title 31 Recodification. Recodifies Title 31 concerning family law and juvenile law. (50)
SB 9
Author(s): Skillman; Alexa
Sponsor(s): Dobis
Citations Affected: IC 5-13; IC 36-10.
Effective: Upon passage.
Public depositories and investments. In the public investment laws: (1) eliminates references to the obsolete power of a local board of finance to designate depositories; (2) eliminates provisions for a separate designation process for state and local depositories; (3) replaces a requirement that each local board of finance file a complete list of all active depositories with a requirement that the board of depositories be notified when a local board of finance revokes the authorization of a public depository; and (4) replaces references to state investments with references to state deposits. Makes other conforming amendments. Changes the expiration date from 1997 to 2007 for the authority of the treasurer of the state to invest in securities with a maturity of between two and five years. Reduces the maximum percentage of state investments that may be invested in securities with maturities between two and five years from 25% of total funds invested in a given year to 25% of total invested portfolio. Provides that the county treasurer of Marion county may: (1) invest or reinvest funds held by the treasurer that are available for investment in participation in loans; and (2) lend certain acquired securities. (Current law allows only the fiscal officer of a political subdivision in Marion county to invest or reinvest funds and lend securities.) (51)
SB 10
Author(s): Skillman; Alexa
Sponsor(s): Dobis; Steele; Goeglein
Citations Affected: IC 5-15.
Effective: Upon passage.
Optical imaging of financial records. Allows financial records of local governmental entities to be replaced by copies reproduced by an optical imaging process. Provides that copies made from an optical image of a public record may be admitted into evidence in a court. Provides that when a check has been recorded, copied, or reproduced by an optical imaging process and the drawer of the check receives an optical image of the check after the check is processed for payment, the optical image of the check is an original record. (51)
SB 12
Author(s): Kenley; Clark; Lubbers; Johnson; Gard; Paul; Landske; Clark; Lubbers; Johnson; Gard; Paul; Landske; Zakas
Sponsor(s): Dvorak; Steele
Citations Affected: IC 24-5.
Effective: Upon passage.
Deceptive commercial solicitations. (1) Provides that a person may not, with intent to deceive, knowingly or intentionally send, deliver, or transmit a bill or statement of account due, or a writing that could reasonably be interpreted as a bill or statement of account due, to solicit payment of money by another person for goods not yet ordered or for services not yet performed and not yet ordered. (2) Provides that a person that is not a governmental entity may not knowingly or intentionally send, deliver, or transmit a writing that purports to be a notice of a governmental entity, or a writing that could reasonably be interpreted to be a notice of a governmental entity, to solicit payment of money by another person for goods not yet ordered or for services not yet performed and not yet ordered. (3) Provides that a person may not knowingly or intentionally send, deliver, or transmit a solicitation for goods or services if the solicitation indicates the goods have been shipped or the services have been performed but in fact the goods have not been shipped or the services have not been performed. (4) Provides penalties and remedies for deceptive solicitation. (90)
SB 13
Author(s): Worman; Landske; Antich; Breaux
Sponsor(s): Pond; Moses; Summers; Turner; Kruse
Citations Affected: IC 16-19; IC 25-22.5; IC 35-42.
Effective: July 1, 1997.
Tattooing a minor. Provides that a person who gives a tattoo to a person who is less than 18 years of age commits a Class A misdemeanor unless a parent or guardian of the person receiving the tattoo is present and gives written permission for the person to receive the tattoo. Requires the executive board of the state department of health to adopt rules to regulate the sanitary operation of tattoo parlors. Clarifies that current statutes regulating the practice of medicine do not apply to tattooing that is performed for aesthetic purposes. (88)
SB 18
Author(s): K. Adams
Sponsor(s): Cook; Ruppel
Citations Affected: IC 6-1.1.
Effective: July 1, 1997.
Classified land. Requires that certain government officials who receive an application to have land classified as native forest land, a forest plantation, a windbreak, a wildlife habitat, or a filter strip that contains an error or omission must promptly notify the applicant and allow the applicant to amend the application. (77)
SB 31
Author(s): Lawson
Sponsor(s): Bailey; Davis
Citations Affected: Noncode.
Effective: July 1, 1997.
Utility connections and land purchases. This provision expires June 30, 2001. Exempts the purchase of land by a municipally-owned water utility from the resolution and appraisal requirements of the public purchasing laws if: (1) the municipally-owned water utility has performed or contracted with another party to perform sampling and drilling tests of the land; and (2) the sampling and drilling tests indicate the land has water resources. (13)
SB 32
Author(s): Wyss; Washington; Alexa; Long; Lubbers; Ford; Gard; Zakas
Sponsor(s): Giaquinta; Goeglein; Moses; Pond
Citations Affected: IC 7.1-3-1.
Effective: July 1, 1997.
Alcoholic beverage permits. Requires the alcoholic beverage commission to provide certain permit application information to a city or county plan commission that requests the information (excluding Indianapolis and Marion County). For an applicant in Marion County who seeks to transfer a permit without a change in the nature of the business operated under the permit, provides a procedure for the applicant to request and the local alcoholic beverage board to waive certain notice requirements. (02)
SB 39
Author(s): Skillman; Wyss; Washington; Landske
Sponsor(s): Bailey
Citations Affected: IC 35-42-2-1.
Effective: Upon passage.
Battery against employees of penal facilities Enhances battery from a Class B misdemeanor to a Class A misdemeanor, if the battery is committed against an employee of a penal facility or juvenile detention facility. Enhances battery from a Class B misdemeanor to a Class D felony, if the battery results in bodily injury to an employee of a penal facility or juvenile detention facility. (41)
SB 41
Author(s): Meeks
Sponsor(s): Sturtz; Leuck
Citations Affected: IC 14-8-2; IC 14-9-9.
Effective: July 1, 1997.
Funding for local lake patrols. Establishes the counties with special boat patrol needs fund. Provides for this fund to be administered by the department of natural resources. Provides that the money in the fund shall be distributed in the form of grants to counties that demonstrate a special need to provide law enforcement services under the county sheriff's department on the counties' lakes. Requires the department of natural resources to develop a formula for the distribution of grants from the fund. Provides that the formula must take certain factors into account. (55)
SB 50
Author(s): Worman; Wyss
Sponsor(s): Giaquinta; Pond; Ripley
Citations Affected: IC 20-4.
Effective: July 1, 1997.
School reorganization. Provides an additional option under which the plan of a governing body of a school corporation may be elected. Provides that the seven members of a governing body under this option are elected as follows: (1) Four members from electoral districts that must be as nearly as practicable equal in size, who are voted upon only by those voters residing within the electoral district. (2) Three members from residential districts, one of which must encompass the township with the greatest population within the school corporation, with the remaining area of the school corporation divided between two other residential districts, who are voted upon by all the voters residing within the school corporation. (71)
SB 61
Author(s): Miller; Adams; Nugent; Waterman; Ford; Craycraft; Server; Hume; Riegsecker; Wyss; Zakas
Sponsor(s): Frizzell; Behning; Crooks; Dobis
Citations Affected: IC 35-46-5-1.
Effective: July 1, 1997.
Sale of fetal tissue. Defines fetal tissue as tissue from an infant or a fetus who is stillborn or aborted. Makes it a Class C felony for a person to intentionally acquire, receive, sell, or transfer fetal tissue in exchange for an item of value. (77)
SB 66
Author(s): Ford
Sponsor(s): Crosby; Turner; Kruse; Adams
Citations Affected: IC 12-7; IC 12-24; IC 16-41.
Effective: July 1, 1997.
Smoking in certain public buildings. Provides that the superintendent of each state institution has complete authority to regulate smoking within the state institution. Allows local officials to regulate smoking in buildings used as stations for paid firefighters and police officers. (88)
SB 74
Author(s): Meeks; Miller; Antich; Simpson
Sponsor(s): Wolkins; Alevizos
Citations Affected: IC 24-5; IC 25-1; IC 25-20.5; noncode.
Effective: Upon passage; July 1, 1997.
Hypnotists. Makes claiming to possess a doctorate degree an incurable deceptive act subject to investigation and enforcement by the attorney general under consumer sales statutes unless the degree is granted from certain institutions and the degree meets the requirements of a board that regulates occupations or professions. Provides for the certification of hypnotists. Requires 350 hours of hypnotism education to be certified. Excludes certain individuals from certification. Creates a six member Indiana hypnotist committee under the medical licensing board to certify hypnotists. Makes it a Class B misdemeanor to profess to be a hypnotist without being certified. Makes violation of the educational disclosure requirement for hypnotists a Class A infraction. Makes treating an individual for a medical, dental, or psychological problem without a referral a Class A misdemeanor. Staggers the initial appointments to the Indiana hypnotist committee. Allows an individual with 300 hours of classroom hypnotism education to be certified before January 1, 1998, without taking an examination. Allows an individual with ten years of hypnotism experience or an individual who has completed a course in hypnotism from a state approved school that included less than 300 classroom hours to take the certification examination without meeting the education requirements. Removes a provision concerning television and radio service technicians service dealers that expired July 1, 1996. (77)
SB 75
Author(s): Meeks; Landske; Antich; Wolf; Randolph; Wheeler; Bowser
Sponsor(s): Sturtz; Leuck
Citations Affected: Noncode.
Effective: Upon passage.
Work group on lake problems. Creates a work group to develop solutions for the problems affecting the public freshwater lakes of Indiana. Provides that the work group is under the direction of the department of natural resources, and that the department may contract with a facilitator to facilitate the work of the work group. Requires the work group to conduct public meetings, hear testimony, and receive written comments. Requires the work group to issue an interim report before July 1, 1998, and a final report before December 31, 1999. (55)
SB 76
Author(s): Riegsecker
Sponsor(s): Wilson; Warner; Fry
Citations Affected: IC 12-7; IC 12-8; IC 12-11.
Effective: July 1, 1996 (retroactive);
Extend family and social services. Extends the expiration date of the following entities within the family and social services administration to July 1, 1999: (1) The office of the secretary of family and social services. (2) The office of Medicaid policy and planning. Extends to July 1, 1999, the expiration date of a statute that governs procedures of family and social services bodies and the expiration date of statutes that relate to certain powers of the directors of the following divisions: (1) Disability, aging, and rehabilitative services. (2) Family and children. (3) Mental health. Indicates that the financial services group is in the office of the secretary of family and social services. (88)
SB 80
Author(s): Wheeler; Wolf; Craycraft
Sponsor(s): Leuck; Bischoff; J. Davis
Citations Affected: IC 14-21-1; noncode.
Effective: Upon passage.
Historic preservation. Unconditionally exempts real property owned by a state educational institution from (1) the statute prohibiting the alteration or demolition of a historic structure owned by the state unless the historic preservation review board has granted a certificate of approval and (2) the statute making it a Class A misdemeanor to knowingly, without a permit, alter historic property owned by the state. [VETOED 4/18/97] (55)
SB 95
Author(s): Dempsey; McCarty
Sponsor(s): L. Lutz; Alderman; Davis; Summers
Citations Affected: IC 7.1-3-2-9; IC 7.1-3-3-5; IC 7.1-5-5-11; IC 7.1-5-9-2.
Effective: July 1, 1997.
Out-of-state beer storage and delivery. Allows certain out-of-state brewers to appoint an Indiana beer wholesaler to store the brewer's beer, deliver the stored beer to another beer wholesaler designated by the brewer, and perform accounting and auditing functions associated with the services. Allows the brewer to provide and the beer wholesaler to receive a fee for services provided. (02)
SB 111
Author(s): Ford; Randolph; Craycraft; Worman; Paul; Wyss; Wheeler; Meeks; Wolf; Lubbers; Lewis; Landske
Sponsor(s): Alderman; Bailey
Citations Affected: IC 20-10.1-29.
Effective: July 1, 1997.
Access to high school student information. Requires a high school to allow official recruiting representatives of the armed forces of the United States, the Indiana Air National Guard, and the Indiana Army National Guard to have access to the high school campus or the high school's student directory information for the purpose of informing students of educational and career opportunities available in those military forces if the high school allows any other person to have access to the high school campus or the high school's student directory information to make students aware of educational or occupational options offered by the person. (69)
SB 115
Author(s): Bray; Alexa; Randolph; Antich
Sponsor(s): Ayres; Villalpando
Citations Affected: IC 33-19; noncode.
Effective: Upon passage; July 1, 1997.
Appropriation to counties for court fees. Makes a one time appropriation to counties to make up a shortfall in the percentage of court fees that the counties are to receive for the fiscal year ending June 30, 1997. (The shortfall is the result of an uncorrected conflict that occurred between two bills enacted during the 1996 session of the general assembly.) Provides for a uniform small claims cost fee of $35 by removing the $22 fee that was charged to a party filing a small claims action in a city court in Lake County. (41)
SB 124
Author(s): Meeks
Sponsor(s): Lytle; Summers; J. Lutz
Citations Affected: IC 30-2.
Effective: July 1, 1997.
Prepaid funeral services and merchandise. Requires a contract for prepaid funeral services or merchandise, or both to contain a statement that the purchaser may revoke the contract within 30 days of signing the contract. Permits a waiver of the 30 day right in determining assets for qualifying for Medicaid and other similar programs. Requires a seller of prepaid funeral services or merchandise, or both to affirm under penalties for perjury that the seller has made required payments to the preneed consumer protection fund when: (1) making an annual report to the state board of funeral and cemetery service; and (2) applying for a certificate of authority to sell prepaid funeral services or merchandise, or both. Requires a seller to pay the fees to the preneed consumer protection fund on or before March 1 of each year. (71)
SB 130
Author(s): Miller; Lawson; Jackman; Skillman; Wyss
Sponsor(s): Villalpando; Foley; Burton; Richardson
Citations Affected: IC 35-50.
Effective: July 1, 1997.
Consecutive sentencing. Adds causing death when operating a motor vehicle while intoxicated to the definition of "crime of violence" for purposes of the consecutive sentencing law. (Under that law, crimes of violence are not subject to the maximum limitation on the total of the terms of imprisonment to which a defendant may be sentenced for multiple felony convictions arising out of an episode of criminal conduct.) (41)
SB 131
Author(s): Miller; Jackman
Sponsor(s): Villalpando; Keeler
Citations Affected: IC 35-50-2-2.
Effective: July 1, 1997.
Nonsuspendible sentence for aggravated battery. Adds aggravated battery to the list of felonies for which a court may not suspend the minimum sentence. (41)
SB 135
Author(s): Miller; Craycraft; Simpson; Breaux
Sponsor(s): Crawford; T. Brown; Becker
Citations Affected: Noncode.
Effective: January 1, 1997 (retroactive).
Commission on the working poor. Extends the work of the commission on health care issues for the working poor for an additional year. Requires the commission to file its final report with the legislative council before January 1, 1998. Provides that the final report must specify a final plan for providing health care coverage for the working poor. (88)
SB 139
Author(s): Landske; Antich
Sponsor(s): Dobis; Fesko; Bauer; Budak
Citations Affected: Noncode.
Effective: July 1, 1997.
Commuter rail and transportation study commission. Provides that the northwest Indiana commuter rail and transportation study commission expires November 2, 1999. (Current law provides that the commission expires November 2, 1997.) Adds legislative members from St. Joseph County and Elkhart County to the commuter rail and transportation study commission. Adds two lay members to the commission. Broadens the scope of the commission to include St. Joseph County and Elkhart County. Eliminates the advisory board to the northwest Indiana commuter rail and transportation study commission. (87)
SB 140
Author(s): Landske
Sponsor(s): Kuzman; Fesko
Citations Affected: IC 36-4-3-4.1.
Effective: July 1, 1997.
Annexation. Allows a municipality in Lake County other than Lowell and Cedar Lake to annex territory that: (1) is contiguous to the municipality; (2) has its entire area within the township in which the municipality is primarily located; and (3) is owned by a property owner that consents to the annexation. Allows Lowell and Cedar Lake in Lake County to annex territory that: (1) is contiguous to the municipality; and (2) is owned by a property owner that consents to the annexation. (87)
SB 144
Author(s): Rogers; Wyss; Randolph; Bray; Clark; Alexa; Bowser; R. Young; Zakas
Sponsor(s): Dvorak; Villalpando; Ayres; V. Smith; Porter; Crosby
Citations Affected: IC 5-2; IC 16-21.
Effective: July 1, 1997.
Sex offenders and sex crime victims. Provides that a customer of water utility company whose property is located outside the limits of a municipality and is not within 1,000 feet of a fire hydrant must, after July 1, 1997, be excluded from an increase in rates to recover public fire protection costs or before July 1, 1997, the Indiana regulatory commission may prospectively exclude the customer from the costs.(2) Specifies that a person who is the victim of a terrorist act, whether the act is committed in the United States or in a foreign country, is eligible to receive compensation from the violent crime victims compensation fund. (3) Allows licensed medical service providers to provide services free of charge to victims of sex crimes and to be reimbursed by the victim services division of the Indiana criminal justice institute. (4) Requires the victim services division of the Indiana criminal justice institute to pay for services provided by licensed medical service providers to sex crime victims. (5) Amends a provision in the law concerning compensation for victims of violent crime so that it is the same as a similar provision in the law concerning emergency services for sex crime victims. (6) Provides that a person convicted of rape, criminal deviate conduct, incest, or sexual battery must register with the sex offender registry, regardless of the age of the victim. (Current law limits registration to offenders whose victims are less than 18 years of age.) (7) Adds sexual battery and sexual misconduct with a minor to the list of sex crimes whose victims may be treated without cost at a hospital. (8) Permits the hospital to be compensated for the cost of providing services to sex crime victims through the violent crime victims compensation fund administered by the victim services division of the Indiana criminal justice institute. (9) Requires a request for reimbursement from the criminal justice institute by a hospital that furnishes emergency services to an alleged sex crime victim to be filed not later than 180 days after the date the service was provided.
(41)
SB 148
Author(s): Meeks; Skillman; R. Young; Howard; Merritt; Craycraft
Sponsor(s): Scholer; Kruzan; Porter; Goeglein
Citations Affected: IC 4-13.5-1.5
Effective: July 1, 1997.
Energy cost savings contracts. Provides that a state institution under the family and social services administration or the state department of health may: (1) solicit proposals for a qualified energy cost savings contract; (2) review proposals and select a qualified provider for recommendation to provide energy cost savings services; and (3) recommend a selected qualified provider for further review and approval by the Indiana department of administration, the budget committee, and the state office building commission. Allows the state institution to recommend an energy cost savings contract if the state institution reasonably expects the cost of the qualified energy cost savings project recommended in the proposal would not exceed the amount to be saved in energy costs, operational costs, or both energy and operational costs not later than 10 years after the date installation is complete if the recommendations in the proposal are followed. Requires the qualified provider to guarantee that energy cost savings, operational cost savings, or both energy and operational cost savings will meet or exceed the cost of the qualified energy cost savings project not later than 10 years after the date installation is complete. Authorizes the state office building commission to enter into or finance an energy cost savings project. (75)
SB 163
Author(s): Gard; Antich
Sponsor(s): Bailey; Scholer; Moses; Goeglein
Citations Affected: IC 4-23; noncode.
Effective: Upon passage; July 1, 1997.
Commission on intergovernmental relations. Provides that the lieutenant governor or the lieutenant governor's designee serves as a member on the Indiana advisory commission on intergovernmental relations. Provides that the directors of the department of environmental management and the department of commerce are not members of the commission. Provides that the term of a commission member who is a member of the general assembly expires on the earlier of: (1) two years from the date of appointment; or (2) the date the member ceases to hold legislative office. Provides that the chairman may require a director of an agency or the director's designee to provide information to the commission. Requires a director of an agency or a director's designee to cooperate with the commission. Requires the commission to appoint a director. Provides for staggered terms of members. Repeals a provision that allows the commission to issue a report of state mandates. Establishes the children's services commission to study and make recommendations on the following: (1) A model for integrating funding for children's services. (2) A model for comprehensive delivery of services to children. (3) A comprehensive children's policy for Indiana. (4) Reforms to integrate and maximize services and resources to children through the public and private sectors. Lists issues for the the commission to focus on when forming its recommendations. Provides that the commission expires December 31, 1998. Requires the executive, legislative, and judicial branches of state government to make efforts to carry out the commission's recommendations. Requires the commission to operate under the direction of the legislative council. Provides that the commission is funded from the budget of the legislative council but that the commission's expenses may be paid through private funding. (87)
SB 168
Author(s): Sipes; Bray; R. Young; Clark
Sponsor(s): Richardson; Klinker; Summers; Gulling
Citations Affected: IC 5-2; IC 35-42; IC 35-46.
Effective: July 1, 1997.
Protective orders. Provides for the recognition under Indiana law of protective orders, restraining orders, and similar orders (including protective orders issued in paternity actions and in child in need of services or juvenile delinquency proceedings) issued in a state other than Indiana. Adds protective orders issued in paternity actions and in child in need of services or juvenile delinquency proceedings as additional types of orders to be collected and maintained in the protective order depository established in the office of each sheriff. Provides that battery is a Class D felony if it results in bodily injury to the other person and was committed in relation to to domestic violence if the person was previously convicted of battery related to domestic violence. (Current law provides that battery is also a Class D felony if the battery is related to family violence and the person was previously convicted of battery related to family violence.) (88)
SB 169
Author(s): Hume; Miller
Sponsor(s): Wolkins; Robertson
Citations Affected: IC 13-20-14.
Effective: July 1, 1997.
Waste tires. Allows a person to dispose of certain whole waste tires at a land excavation associated with a mineral extraction operation if: (1) the person owns the whole waste tires and owns or leases the disposal site; (2) the waste tires were used on off-road construction or mining vehicles or off-road construction or mining equipment; and (3) the waste tires are buried under at least 25 feet of compacted cover. (69)
SB 170
Author(s): Borst
Sponsor(s): Bauer; Espich; Frenz
Citations Affected: IC 6-3-2-2; IC 6-3-2-2.7; IC 6-3-4-1.
Effective: January 1, 1998.
Income taxation of team athletes. Provides for a uniform apportionment formula for the taxation of income of nonresident professional athletes performing for a team in baseball, basketball, football, hockey, or soccer. Allocates income to Indiana based on a duty days formula. Allows the department of state revenue to adopt rules permitting a team to use a simplified withholding arrangement or to file a composite return on behalf of its team members. (58)
SB 173
Author(s): Simpson; Mills
Sponsor(s): Foley; Alevizos
Citations Affected: IC 15-7-7-18; IC 26-1.
Effective: January 1, 1998.
Uniform bulk sales law. Repeals and replaces the uniform law concerning the documentation and regulation of bulk sales. Makes conforming amendments with respect to the uniform law. Permits a person that believes in good faith that a record indexed under the person's name with a filing office is inaccurate or was wrongfully filed, the person may file a correction statement. Requires the person to serve notice of the filing on the secured party that filed the record. Permits a secured party that receives notice to file a termination statement. Provides that if a termination statement is not filed by the secured party, the debtor may file an action for relief in court. Permits a person that believes in good faith that a secured party named in a record indexed under the person's name has failed to comply with the secured party's duty to file or send to the person a termination statement, the person may file a termination request with the filing office having custody of the record. Provides that a person who knowingly or intentionally files a fraudulent record with a filing office commits a Class A misdemeanor. (58)
SB 178
Author(s): Simpson; Gard; Hume
Sponsor(s): Crosby; Scholer
Citations Affected: IC 4-13; IC 4-13.4.
Effective: July 1, 1997.
Surplus computer hardware. Provides that surplus computer hardware must be offered for sale first to school corporations, nonpublic schools, and the corporation for educational technology. (Current law requires surplus personal property with an original purchase price of more than $2,500 to be offered for sale first to political subdivisions.) Requires the department of administration to offer for sale to political subdivisions surplus computer hardware with a purchase price of more than $2500 that is not sold to a school corporation, nonpublic school, or corporation for educational technology. Allows the department of administration to donate surplus computer hardware to a school corporation, nonpublic school, or the corporation for educational technology if the hardware is not sold to a school corporation, nonpublic school, or the corporation for educational technology or to a political subdivision. (87)
SB 179
Author(s): Simpson; Weatherwax; Alexa
Sponsor(s): Bales; Kruzan
Citations Affected: IC 7.1-3.
Effective: July 1, 1997.
Sale of alcoholic beverages. Provides that in Monroe County, the alcoholic beverage commission shall not issue an alcoholic beverage permit for premises if a wall of the premises is located within 200 feet of a wall of a school or church unless: (1) the permit is a beer dealer or wine dealer permit for a grocery store; (2) the main entrance of the grocery store and the main entrance of the school or church face different streets or roads; (3) there is a physical barrier between the grocery store and the school or church; and (4) a wall of the grocery store is not situated within 100 feet from the wall of a school or church. (71)
SB 182
Author(s): Wheeler
Sponsor(s): Grubb; Friend; Klinker
Citations Affected: IC 25-1; IC 25-21.5.
Effective: July 1, 1997.
Professional licensing. Changes the standard determining when a licensing board administered by the Indiana professional licensing agency may order a physical or mental examination from a safe practice standard to a competent practice standard. Allows a licensing board to suspend a practitioner's license if the practitioner represents a danger to the public's property. Allows a licensing board to reinstate a license if the board is satisfied that the applicant is competent. Adds one land surveyor to the state board of registration for land surveyors. Allows the board to elect a presiding officer to chair the board until the arrival of the chairman or vice chairman. Exempts employees of land surveyors from registration. Removes the exemption from registration for subordinates of land surveyors. Exempts from registration persons who only design or manufacture products. Prohibits a person that is not registered from locating, describing, or establishing property corners or subdividing property on property owned or leased by the person. Adds requirements to land surveyor and land-surveyor-in-training applications. Revises the items that must be on the land surveyor examination. Requires a business that practices land surveying to hire a full-time land surveyor. Requires certified land surveys and certain other documents to be signed by the land surveyor who was responsible for the work. Sets a minimum renewal fee of $50 for land surveyors. Prohibits a holder of an inactive certificate from being assessed renewal fees. Requires that certain information that is used in land surveying documents must be gathered by the land surveyor or an employee. Allows different surveyors to work on a route survey. Requires a land surveyor to be responsible for and review the work of employees, records maintenance, and inquiries from third parties. (77)
SB 184
Author(s): Wheeler; Lewis; Craycraft; Adams; Riegsecker; Washington; Waterman; Antich
Sponsor(s): Kruzan; D. Young; Grubb; Frizzell
Citations Affected: IC 27-8; noncode.
Effective: January 1, 1998.
Insurance coverage for diabetes. Requires an insurer who provides health insurance to provide coverage for individuals diagnosed with diabetes. Requires a policy to provide benefits for medical care, benefits, and supplies related to the treatment of diabetes that are prescribed by a licensed physician or podiatrist, subject to the general provisions of the policy. Provides that an insured may not be required to pay an annual deductible or copayment that is greater than a deductible or copayment established for similar benefits covered by the insurance policy. Requires the insurance policy to cover diabetes self- management training that is medically necessary and prescribed by a licensed physician or podiatrist. Requires that a health care professional who is licensed, registered, or certified by the state and who has specialized training in the management of diabetes provide diabetes self-management training. Provides that coverage for diabetes self-management training is subject to the requirements of the policy regarding the use of participating providers. Requires the state department of insurance to enforce these provisions. (88)
SB 185
Author(s): Miller; Breaux
Sponsor(s): Crosby; Buell; Goeglein
Citations Affected: IC 25-33.
Effective: July 1, 1997.
Restricted psychology tests. Provides a definition of "appraisal instrument". Exempts a person from the law regarding the licensing of psychologists if the person does the following: (1) Practices in a particular profession within the scope of the person's practice and training. (2) Provides services according to the applicable ethical standards of the person's profession. Provides that the seventh member of the state psychology board must never have been credentialed in a mental health profession. Requires the state psychology board to establish, maintain, and update a list of restricted psychology tests and instruments. Requires the state psychology board to provide to the social work certification and marriage and family therapists credentialing board and to any other interested party upon request a list of the names of tests and instruments the board proposes to include on the list of restricted psychological tests and instruments. Provides that the social work certification and marriage and family therapists credentialing board and any other interested party may offer written comments or objections regarding a proposed test or instrument. Provides that the state psychology board may, after receiving the comments or objections, delete a proposed test or instrument from the list or respond in writing to justify the board's decision to include the proposed test or instrument. Provides specific characteristics of restricted psychological tests and instruments. Prohibits the administration of restricted psychology tests and instruments by individuals not having the required education and experience. (77)
SB 191
Author(s): Meeks; Server; Lewis; Young
Sponsor(s): Tabaczynski; M. Smith; Crosby; T. Brown
Citations Affected: IC 27-1-15.5-7.1.
Effective: January 1, 1998.
Ethics education for insurance agents. Eliminates the requirement that an insurance agent complete in a classroom setting at least two hours of training in ethical principles in order to renew the agent's license. (90)
SB 194
Author(s): Weatherwax
Sponsor(s): Harris; Buck
Citations Affected: P.L.172-1994.
Effective: Upon passage.
Local government finance study commission. Provides for the expiration of the local government finance study commission in 2001. Deletes references to the original members of the commission who were appointed in 1992. (51)
SB 200
Author(s): Johnson
Sponsor(s): Bauer
Citations Affected: IC 6-9.
Effective: Upon passage; July 1, 1997.
Howard County innkeeper's tax. Allows the Howard County council to raise the innkeeper's tax rate from 4% to 5% before July 1, 2007. Provides that after July 1, 2007, the tax shall be imposed at any rate up to 4%. Expands the Howard County convention and visitor commission to seven (7) members. Provides that the county commissioners and the mayor of Kokomo shall each appoint an additional member. Provides that revenues from the Howard County innkeeper's tax may be expended for any activity approved by the county council and related to the promotion and encouragement in the county of conventions, trade shows, visitors, or special events, including the acquisition, construction, improvement, maintenance, financing, or refinancing of land, facilities, or equipment for conventions, trade shows, visitors, or special events. (92)
SB 206
Author(s): Gard
Sponsor(s): Sturtz; Scholer; Crosby
Citations Affected: P.L.130-1996, SECTION 12.
Effective: Upon passage.
Air pollution permits. Delays from July 1, 1997, to the earlier of: (1) the effective date of rules adopted by the air pollution control board to implement the law; or (2) December 1, 1998, the expiration of a law that provides that modifications to certain existing air contaminant sources are not required to obtain construction or operating permits or are exempt from registration requirements. Requires the air pollution control board to adopt rules to implement the law before December 1, 1998. (69)
SB 207
Author(s): Mills; Gery
Sponsor(s): Bauer; Espich
Citations Affected: IC 16-21.
Effective: July 1, 1997.
Administration of tuberculosis hospital fund. Changes administration of the aid to county hospitals tuberculosis fund from the auditor of state to the state department of health. (77)
SB 215
Author(s): Wheeler; Lewis
Sponsor(s): Grubb; Friend
Citations Affected: IC 14-8-2-195; IC 14-22-10-2.
Effective: July 1, 1997.
Landowner liability to recreational users. Amends the law concerning the liability of a landowner to a recreational user who enters the land without paying monetary consideration. Provides that the term "monetary consideration" does not include the gratuitous sharing of game or fish or the contribution of services or goods for the purpose of wildlife management. (The introduced version of this bill was prepared by the natural resources study committee.) (55)
SB 217
Author(s): Meeks; Gard; Wolf
Sponsor(s): Lytle; Mangus
Citations Affected: IC 14-33-16-1.
Effective: July 1, 1997.
Dissolution of conservancy districts. Provides that a conservancy district cannot be dissolved due to the lack of construction of works of improvement unless at least six years have passed since the approval of the district plan and construction has not begun. (Current law provides dissolution after four years without the commencement of construction.) Provides that a conservancy district cannot be dissolved despite the lack of construction if the circuit court having jurisdiction over the district determines that the board of directors of the district has worked diligently and in good faith to resolve the matters that must be resolved before construction can begin. (55)
SB 224
Author(s): Riegsecker; Craycraft
Sponsor(s): Warner
Citations Affected: Noncode.
Effective: Upon passage.
Family and social services evaluation. Creates the family and social services evaluation committee. Requires the committee to study issues relating to the organization, delivery, and administration of family and social service programs in Indiana. Requires the committee to examine the organizational structure of the office of the secretary of family and social services to determine whether that organizational structure facilitates the delivery of client services. Provides that the committee consists of eight members and operates under the guidelines of the legislative council. Requires the committee to issue a final report to the legislative council not later than November 1, 1998. (88)
SB 225
Author(s): Worman; Wheeler
Sponsor(s): Fry; Fesko
Citations Affected: IC 27-8-5.6-2; noncode.
Effective: July 1, 1997.
Coverage of newly born child. Provides that a health insurer is not required to provide coverage of a newly born child of an insured or subscriber under an individual accident and sickness policy or contract if the pregnancy resulting in the birth of the newly born child was a condition that existed prior to the issuance of the policy or contract. (Current law provides that coverage of a newly born child of an insured is not required if the pregnancy resulting in the birth of the newly born child is a "preexisting condition" under the health insurance policy.) (55)
SB 226
Author(s): Merritt
Sponsor(s): Saunders; Hoffman; Kruse
Citations Affected: IC 4-23-7.2-8; IC 4-23-7.2-11.
Effective: July 1, 1997.
Historical markers. Requires the display of the governors' portraits collection in public areas of the state house. Modifies the procedure for commissioning new portraits. Creates the Indiana historical marker program and allows the Indiana library and historical board to create a historical marker advisory committee to oversee the selection and placement of historical markers in the state. (95)
SB 228
Author(s): Worman; Lewis
Sponsor(s): L. Lutz; Summers
Citations Affected: IC 24-4-9-23; IC 24-4-9-11.
Effective: July 1, 1997.
Collision damage waiver for rental cars. Repeals the statute limiting the charge for a collision damage waiver on a rental car to a maximum of five dollars ($5) per day or partial day. Eliminates a provision authorizing the director of the division of consumer protection of the attorney general's office to consider whether the limit on the charge for a collision damage waiver should be changed. (55)
SB 234
Author(s): Nugent; Lewis
Sponsor(s): Lytle; Mcclain; Frenz; Bales; T. Brown
Citations Affected: IC 6-9.
Effective: Upon passage; July 1, 1997.
Uniform county innkeeper's tax. Specifies that the provisions of IC 6-2.5 relating to exemptions to the gross retail tax apply to the various innkeeper's tax laws. Changes the permissible uses of the money in the fund created under the uniform county innkeeper's tax provisions to receive county innkeeper's tax revenue. Changes the membership requirements of the county commission created under the uniform county innkeeper's tax provisions. (92)
SB 238
Author(s): Gard; McCarty; Clark
Sponsor(s): Cook; Richardson
Citations Affected: IC 36-9
Effective: July 1, 1997.
Regional transportation authorities. Defines a public transportation agency as an entity that operates a public transportation system and is established by a legislative body to provide public transportation services. Allows a municipality to establish a regional transportation authority or an expanded regional transportation authority. (Current law allows only a county to establish a regional transportation authority or expanded regional transportation authority.) Makes conforming amendments. Provides that if an existing public transportation corporation operates within a regional transportation authority, the legislative body that established the public transportation corporation may shift any of the powers of the corporation to the authority. Changes the membership of the board of the authority that includes Indianapolis. Requires the metropolitan planning organization to serve as staff to the board secretary of the authority that includes Indianapolis. Specifies that the board of the authority may purchase public transportation services from public or private transportation agencies upon the terms and conditions set forth in purchase of service agreements between the authority and the transportation agencies. (Current law provides that the board may purchase public transportation from transportation agencies.) Eliminates a provision concerning the terms and conditions of a purchase of service agreement between the private transportation agency and the board of an authority. Specifies that when an authority acquires and operates public transportation facilities, executes purchase of service agreements with a public transportation agency, coordinates, reorganizes, combines, leases, or merges operations or expands or curtails public transportation service or facilities: (1) the employee protective conditions under federal law apply to public transportation agency employees affected by these actions; and (2) an employee of the authority is entitled to at least the same benefits that the employee enjoyed as an employee of the authority or of the public transportation agency before the authority's action. (87)
SB 244
Author(s): Bray; Alexa; Wyss; Landske; Zakas; Antich
Sponsor(s): Foley; Ruppel; Kuzman
Citations Affected: IC 35-38; IC 35-41.
Effective: July 1, 1997.
Defenses in criminal actions. Specifies that voluntary intoxication is not a defense in a criminal action. Allows the introduction of evidence of the effects of battery at a criminal trial in the context of the insanity and self-defense statutes. Allows the use of evidence of the effects of battery as a mitigating circumstance at sentencing. (41)
SB 265
Author(s): Alexa;
Sponsor(s): Villalpando; Keeler; Dvorak; Ayres
Citations Affected: IC 35-45-14.
Effective: July 1, 1997.
Unlawful solicitation of clients for attorneys. Provides that a person who on behalf of an attorney and for a fee solicits a client to file an action for damages commits unlawful solicitation, a Class A misdemeanor. (A Class A misdemeanor is punishable by a maximum term of imprisonment of one year and a maximum fine of $5,000.) (41)
SB 268
Author(s): Server
Sponsor(s): Lytle
Citations Affected: IC 36-7-11.
Effective: July 1, 1997.
Local historic preservation commissions. Changes the name of local historic district boards of review to historic preservation commissions. Provides that, if possible, a historic preservation commission should include members who are professionals in disciplines related to historic preservation. Provides for the classification of historic buildings as outstanding, notable, or contributing rather than exceptional, excellent, notable, or of value. Empowers a historic preservation commission, when proposing a district for designation as historic, to put one or more buildings in the district under interim protection, thus temporarily preventing the demolition or alteration of the buildings. Provides that an ordinance establishing a historic preservation commission may authorize the commission to own and dispose of real property and may authorize the staff of the commission to grant certain types of applications for certificates of appropriateness on behalf of the commission. (The introduced version of this bill was prepared by the natural resources study committee.) (55)
SB 271
Author(s): Wolf; Landske; Antich; Harrison; Craycraft
Sponsor(s): Keeler; Leuck
Citations Affected: IC 24-5; noncode.
Effective: June 1, 1997.
Telephone directory misrepresentation. Makes it a deceptive act for a supplier of goods or services to list a fictitious business name or an assumed business name in a local telephone directory if: (1) the name misrepresents the supplier's geographic location; (2) the listing fails to identify the locality and state of the supplier's business; (3) calls to the number are routinely forwarded or otherwise transferred to the supplier's business location that is outside the calling area covered by the local telephone directory; and (4) the supplier's business location is not in a county contiguous to the local calling area. Makes it a deceptive act for a supplier of goods or services to list a fictitious business name or an assumed business name in a directory assistance database if: (1) the name misrepresents the supplier's geographic location; (2) calls to the number are routinely forwarded or otherwise transferred to the supplier's business location that is outside the calling area covered by the local telephone directory; and (3) the supplier's business location is not in a county contiguous to the local calling area. Provides that a telephone company or other provider of a local telephone directory or its officer or agent is immune from liability unless the listing of the telephone company or provider of the local telephone directory is the subject of the deceptive act. Allows the attorney general to bring an action to enjoin the deceptive act. (83)
SB 277
Author(s): Merritt; Worman; Kenley; Wolf; Server; Hume; Skillman
Sponsor(s): Harris; Whetstone
Citations Affected: IC 9-13; IC 9-24; IC 9-25.
Effective: Upon passage; July 1, 1997.
Motor vehicles; offenses and financial responsibility. Provides that, for purposes of the statute concerning the suspension of an operator's permit for being a habitual traffic offender, the definition of "motor vehicle" does not include a motorized bicycle. Requires the bureau of motor vehicles to send a request for evidence of financial responsibility to a person who has been convicted of a violation of a law relating to motor vehicles only if: (1) the violation was a misdemeanor or a felony; (2) the person has committed at least two moving traffic violations for which points are assessed within the previous year; or (3) the person committed a moving traffic violation for which points are assessed and the person's driver's license was previously suspended for violation of financial responsibility requirements. Requires the bureau to expunge the record of a person who received an administrative license suspension for failure to provide evidence of financial responsibility if the person provides evidence that financial responsibility was in effect at the time in question. Provides that the operation of a motor vehicle with a suspended or revoked license is a Class D felony, or a Class C felony if the operation of the vehicle results in the death of another individual. (71)
SB 278
Author(s): Skillman; Merritt; Howard
Sponsor(s): Moses; Steele
Citations Affected: IC 4-4; noncode.
Effective: July 1, 1995 (retroactive); July 1, 1997.
Urban enterprise zones. Requires the department of commerce to forward copies of forms filed with the enterprise zone board to urban enterprise associations upon request. Allows a person that holds a beer wholesaler's permit, liquor wholesaler's permit, or wine wholesaler's permit to qualify for the benefits of an enterprise zone. Allows a person who holds an alcoholic beverage license and who receives at least 60% of of the person's annual revenue from retail food sales to qualify for the benefits of an enterprise zone. Legalizes enterprise zone incentives provided in 1995 through 1997 to alcoholic beverage wholesalers. Provides the enterprise zone board may adopt rules to disqualify a zone business from eligibility for any or all incentives if the zone business does not do one of the following: (1) pay a registration fee to the board if its incentives exceed $1000; (2) use all of its incentives, except for the amount of registration fee for its property or employees in the zone; or (3) remain open and operating as a zone business for 12 months of the assessment year for which the incentive is claimed. (Current law provides that the board may adopt rules to disqualify a business from eligibility for all incentives if the business does not: (1) pay a registration fee to the board if its incentives exceed $1000 a year; and (2) use all of its incentives, except for the amount of registration fee for its property or employees in the zone.) (92)
SB 281
Author(s): Wyss
Sponsor(s): Moses; Pond
Citations Affected: IC 33-5.
Effective: Upon passage.
Allen superior court. Provides for administration of the Allen superior court by a board of judges consisting of all nine of the superior court judges. Provides for election of a chief judge every two years by a majority vote of the board of judges. Provides for administration of each of the three divisions of the court by an administrative judge elected every two years by the judges of that division. Allows for the resolution of disputes within any of the divisions by the board of judges. (41)
SB 292
Author(s): Gard; Wolf; Wheeler; Lewis; Simpson
Sponsor(s): Bottorff; Linder
Citations Affected: IC 8-1.
Effective: Upon passage; July 1, 1997.
Rural electric membership cooperatives. Allows rural electric membership cooperatives (REMC) and rural generation and transmission (G&T) associations to consolidate or merge with other REMCs or G&T associations, regardless of the state of incorporation. (58)
SB 294
Author(s): Miller
Sponsor(s): Hasler; Murphy
Citations Affected: IC 12-15; noncode.
Effective: Upon passage
Medicaid emergency room reimbursement. Changes from July 1, 1997, to July 1, 1999, the expiration date of a provision that specifies payment rates for physician services provided in hospital emergency rooms to individuals who are: (1) eligible for Medicaid; and (2) enrollees in the Medicaid Primary Care Case Management program. Eliminates a requirement that the office of Medicaid policy and planning apply a resource standard when determining an individual's Medicaid eligibility. Voids a rule establishing eligibility requirements for Medicaid based on need. (88)
SB 297
Author(s): Gard
Sponsor(s): Kruzan; Wolkins
Citations Affected: IC 13-14-9.
Effective: July 1, 1997.
Environmental rulemaking. Requires a third public comment period for a rule proposed by the air pollution control board, the solid waste management board, or the water pollution control board unless: (1) the rule is identical to or not substantively different from the proposed rule as published in a second notice; or (2) the commissioner of the department of environmental management has made a determination that a waiver of the first or second publication of notice is justified. (69)
SB 298
Author(s): Johnson
Sponsor(s): Crosby; Padfield
Citations Affected: IC 11-12.
Effective: July 1, 1997.
Community corrections advisory boards. Requires the affirmative votes of at least five members of the community corrections advisory board to take action, but not less than a majority of the members present. (41)
SB 305
Author(s): Bray
Sponsor(s): Foley; Dvorak; Steele
Citations Affected: IC 9-25-8-2.
Effective: July 1, 1997.
Violation of financial responsibility law. Changes the penalty for operating a motor vehicle without compliance with financial responsibility requirements from a Class C misdemeanor to a Class A infraction. (89)
SB 309
Author(s): Miller
Sponsor(s): C. Brown; Goeglein
Citations Affected: IC 16-36; IC 25-1.
Effective: July 1, 1997.
Mental health informed consent. Removes a drug and alcohol abuse counselor from the definition of mental health provider. Requires that a mental health provider provide certain information to each patient and obtain consent before providing mental health services. Requires a physician to obtain consent from each patient as provided in medical malpractice law before providing mental health services. Provides that a mental health provider need only obtain one consent for mental health services provided to a person who is admitted in or treated as an outpatient at the main facility or a clinic of a psychiatric hospital, a hospital, or a community mental health center. Allows the appropriate health profession board to impose disciplinary sanctions on a practitioner who fails to meet minimum standards of performance in professional activities, including the undertaking of professional activities that the practitioner is not qualified by training or experience to undertake. Repeals: (1) A provision making a violation of the law governing consent for mental health services by a mental health provider a Class A infraction. (2) A provision that states that the law governing consent for mental health services expires July 1, 1998. (77)
SB 316
Author(s): Riegsecker
Sponsor(s): Wilson; Warner
Citations Affected: IC 12-11.
Effective: July 1, 1997.
Family support council. Establishes the family support council. Requires the governor to appoint twelve members to the council. Specifies membership requirements. Requires the family support council to monitor and make recommendations on issues including: (1) the family support policy state plan; (2) the family subsidy program; (3) family support; and (4) programs that have an impact on individuals with disabilities and their families. Requires the secretary of the office of family and social services to designate personnel to assist the family support council. (The introduced version of this bill was prepared by the Indiana commission on mental retardation and developmental disabilities.) (77)
SB 317
Author(s): Riegsecker; Howard; Waterman
Sponsor(s): Klinker; Alderman; Cochran
Citations Affected: Noncode.
Effective: Upon passage; July 1, 1997.
Developmental disabilities task force. Establishes the developmental disabilities task force to prepare a comprehensive plan for the future of community living arrangements for persons with mental retardation and developmental disabilities in Indiana. Provides that the task force consists of 12 members appointed by the secretary of family and social services. Describes entities the members must represent. Requires the task force to submit a plan to the Indiana commission on mental retardation and developmental disabilities before July 1, 1998. (77)
SB 319
Author(s): Gard; Alexa; Simpson; Server; Hume
Sponsor(s): Sturtz; Scholer; Duncan
Citations Affected: IC 13-11-2; IC 13-12-5; IC 13-27-2; IC 13-27-7-2; IC 13-27.5.
Effective: Upon passage.
Clean manufacturing and pollution prevention. Replaces the pollution prevention board with the clean manufacturing technology board. Defines "clean manufacturing" as used in certain environmental laws. Amends the definition of "pollution prevention" as used in certain environmental laws. Replaces the pollution prevention and safe materials institute with the Indiana clean manufacturing technology and safe materials institute. Directs the Indiana economic development commission, subject to the availability of funds, to conduct a study concerning various issues related to clean manufacturing. Makes conforming amendments. (69)
SB 327
Author(s): Harrison; Craycraft; Randolph
Sponsor(s): Kromkowski; Buell; Becker
Citations Affected: IC 5-10; IC 10-1; IC 36-8; noncode.
Effective: November 10, 1996 (retroactive); upon passage; July 1, 1997.
Survivors' benefits. Provides that the surviving spouse of a participant in the excise police and conservation officers' retirement plan continues to be eligible to receive survivors' benefits after remarriage. Reinstates as of July 1, 1997 the survivors' benefits of surviving spouses whose benefits were terminated for remarriage. Provides investment guidelines for the pension trust of the state police benefit system. For purposes of the state police benefit system, the 1925 police pension fund, the 1937 firefighters' pension fund, the 1953 police pension fund (for non-line of duty deaths only) and the 1977 police officers' and firefighters' pension and disability fund, reinstates survivor's benefits for surviving spouses who remarried before September 1, 1983. Allows a fiscal body to determine that the trustee of a sheriff's pension fund may count years of service performed by a member before the establishment of the fund in the computation of pension benefits. Transfers the retirement contributions and pension eligibility of certain police matrons from the public employees' retirement fund to the 1977 police officers' and firefighters' pension and disability fund or the 1925 police pension fund. (79)
SB 340
Author(s): Gard; Simpson; Ford; Hume
Sponsor(s): Sturtz; Wolkins
Citations Affected: IC 13-11-2; IC 13-18-13; IC 13-18-21.
Effective: July 1, 1997.
Wastewater and drinking water loan programs. Specifies that only the budget agency may enter into a financial assistance agreement with a political subdivision under the law concerning the wastewater revolving loan program instead of the budget agency and the department of environmental management jointly entering into the financial assistance agreement. Specifies that only the budget agency may provide financial assistance to a political subdivision under the supplemental wastewater assistance program instead of the budget agency and the department of environmental management jointly providing the financial assistance. Establishes the drinking water revolving loan program and the drinking water revolving loan fund to provide money for loans and other financial assistance to political subdivisions: (1) for the planning, designing, construction, renovation, improvement, or expansion of drinking water systems that will facilitate compliance with national primary drinking water regulations; and (2) to conduct all other activities that are allowed by the federal Safe Drinking Water Act. Requires the department of environmental management and the budget agency to use 2% of the funds annually allotted to Indiana under the federal Safe Drinking Water Act to provide technical assistance to political subdivisions servicing not more than 10,000 persons in Indiana if appropriated by the general assembly and an adequate state match is available. Provides that 15% of the amount credited to the fund in a state fiscal year shall be available only for loan assistance to public water systems that regularly serve less than 10,000 persons in Indiana, to the extent that the money can be obligated for eligible products of public water systems. Requires the budget agency and the department to develop and implement a strategy to assist public water systems in acquiring technical, managerial, and financial capability as contemplated under the federal Safe Drinking Water Act. Establishes the supplemental drinking water assistance program and the supplemental drinking water assistance fund to provide money for grants, loans, and other financial assistance for the benefit of political subdivisions or public water systems that serve economically disadvantaged municipalities for the planning, designing, acquisition, construction, renovation, improvement, or expansion of drinking water treatment systems and water supply systems. Provides that the budget agency must submit a report about the means by which the state may provide a program, within state constitutional limitations, of financial assistance for all public water systems that regularly serve less than 120,000 persons. (69)
SB 346
Author(s): Weatherwax; Craycraft
Sponsor(s): Kromkowski; Buell
Citations Affected: IC 2-3.5; IC 5-10.2; IC 5-10.3; IC 21-6.1; IC 33-13; IC 33-14; IC 36-8; noncode.
Effective: July 1, 1997; May 1, 2001.
Public retirement funds and public employees. Provides that the public retirement funds shall be administered in a manner consistent with the federal Family and Medical Leave Act. Provides that participants in the public retirement funds are entitled to service credit and benefits in the amount and to the extent required by the federal Uniformed Services Employment and Reemployment Rights Act. Extends to July 1, 2001 the provision encouraging boards of trustees of public retirement funds to use emerging money managers. Allows members of the public employees' retirement fund to purchase out-of- state service credit under certain requirements. Provides that members of the public employees' retirement fund and the Indiana state teachers' retirement fund may use an eligible rollover distribution to purchase certain service credit. Allows a political subdivision to establish a voluntary supplemental retirement plan and repeals identical provisions for state and local governments that come into existence on July 1, 1997, under HEA 1584-1997. Changes from January 1, 1999 to July 1, 1997 the effective date of a provision in HEA 1150-1997 concerning police and firefighter residency by adding a noncode provision (effective July 1, 1997) containing identical language as the provision in HEA 1150-1997. (79)
SB 347
Author(s): Miller
Sponsor(s): C. Brown; T. Brown
Citations Affected: IC 25; IC 35-48; noncode.
Effective: Upon passage; July 1, 1997; July 1, 1999.
Professions and occupations. Requires the office of the attorney general to provide boards that regulate certain occupations information concerning complaints against practitioners. Requires the medical licensing board to adopt rules concerning prescribing certain drugs for weight control. Defines occupational therapy aide. Allows licensed psychologists to earn Class I continuing education credits through home study programs that are: (1) designed by state psychology board approved organizations; and (2) subject to board verification and approval procedures. Limits the number of credits a licensed psychologist may earn through home study programs to ten during each license period. Allows the Indiana board of pharmacy to grant temporary variances to its rules if the board establishes procedures by which temporary variances may be granted. Requires the board to set forth in writing reasons for granting or denying a temporary variance. Adds training methods that may qualify an individual to be certified as a respiratory care practitioner. Allows the board to waive certain education requirements of a respiratory care practitioner who has at least ten years of experience in another jurisdiction. Implements a mechanism by which Indiana's categorization of a controlled substance will automatically conform with the federal categorization of controlled substance unless the state board of pharmacy objects to the categorization. Provides that only a physician may prescribe a controlled substance for weight control. Prohibits a physician from using a Schedule III or Schedule IV controlled substance to reduce a patient's weight or control a patient's obesity unless the physician: (1) determines that other treatments for weight reduction or obesity control have been ineffective; and (2) provides the patient with a thorough physical examination. Provides circumstances under which a physician must not begin and is required to discontinue using a Schedule III or Schedule IV controlled substance for purposes of reducing a patient's weight or controlling a patient's obesity. Provides that, beginning in 1999, a physician may not prescribe or otherwise provide a Schedule III or Schedule IV controlled substance for purposes of reducing a patient's weight or to control a patient's obesity for more than three nonrefillable 30 calendar day supplies in any one year period. Changes the expiration date of the provisions concerning the central repository for controlled substances data from July 1, 1997, to July 1, 1999. Requires the board of pharmacy to prepare a plan to monitor controlled substances. Repeals a rule regarding the use of Schedule III and Schedule IV controlled substances for purposes of weight reduction or to control obesity. This conference committee report removes language concerning the health professions investigation division, requires the medical licensing board to adopt rules concerning certain drugs for weight control, provides that only physicians may prescribe controlled substances for weight control, allows certain experiences to be used to meet the respiratory care practitioner requirements for certification, and requires the pharmacy board to prepare a plan concerning controlled substances. (77)
SB 359
Author(s): Gard; Wolf; Simpson
Sponsor(s): Sturtz; Wolkins
Citations Affected: IC 13-19-3-7; IC 13-23-1-; IC 13-23-11; IC 22-12-9.
Effective: Upon passage.
Underground storage tanks and remediation. Allows the solid waste management board to adopt rules to develop a voluntary certification program for persons who remediate sites on which releases of hazardous substances or petroleum have occurred. Provides that the fire prevention and building safety commission no longer adopts rules concerning the underground storage tank release detection, prevention, and correction program. Amends the requirements for payment from the underground petroleum storage tank excess liability fund, including requirements for payment for certain emergency remediation actions. Adds four members to the underground storage tank financial assurance board. Requires the underground storage tank financial assurance board and the department of environmental management to consult on the administration of the underground petroleum storage tank excess liability trust fund. Establishes procedures for the closure of residential heating oil tanks. Specifies that before December 22, 1998, the solid waste management board may not substantially increase or alter compliance requirements on underground storage tank owners that exceed compliance requirements imposed on underground storage tank owners by the United States Environmental Protection Agency. (95)
SB 360
Author(s): Gard; Kenley; Simpson; Miller; Zakas; Hume
Sponsor(s): Kuzman; Wolkins; Bosma
Citations Affected: IC 6-1.1-42; IC 13-11-2; IC 13-19-5; IC 13-25-4; IC 13-25-5; IC 13-30-9.
Effective: Upon passage; July 1, 1997; February 28, 1998.
Environmental remediation. Makes numerous changes to the law concerning remediations of brownfields and other contaminated properties, including: (1) creating a brownfield revitalization zone tax abatement; (2) specifying that information that an applicant submits to the department of environmental management concerning a voluntary remediation is confidential until the applicant and the commissioner of the department sign a voluntary remediation agreement; (3) allowing an applicant to submit a proposed voluntary remediation investigation plan to the department; (4) specifying the information that must be included in a voluntary remediation work plan for a completed remediation project; (5) requiring a voluntary remediation work plan to specify the remediation objectives for the affected site; (6) providing that a person may not bring an action against an applicant relating to the release of a hazardous substance or petroleum after the applicant and the department have signed a voluntary remediation agreement; and (7) creating an environmental remediation revolving loan program and fund to assist in the remediation of brownfields to encourage rehabilitation, redevelopment, and reuse of real property by political subdivisions by providing loans and other financial assistance to political subdivisions. Makes a continuing appropriation from the fund to carry out the purposes of the program. Provides that, under certain circumstances, a political subdivision is not liable to the state for costs or damages for the presence of hazardous substances on property the political subdivision acquired an interest in after the hazardous substance was disposed of or placed on the property. (Current law provides that a county is not liable for costs or damages.) Provides that in resolving certain environmental legal actions after February 28, 1998, a court must allocate the costs of the removal or remedial action in proportion to the acts or omissions of each party, without regard to any theory of joint and several liability, using legal and equitable factors that the court determines are appropriate. Provides that a defendant in an environmental legal action may assert defenses provided by law or equity, including a defense that damages suffered by the person who brought the environmental legal action were caused in whole or in part by a nonparty. Requires the solid waste management board to adopt rules concerning the Indiana Scoring Model and the assessment of hazardous substance response sites and to determine a minimum score to allow sites to be removed from the priority ranking. Allows the department of environmental management to establish a brownfield redevelopment work group to: (1) advise the environmental quality service council concerning the cleanup and development of brownfields in Indiana; and (2) assist the environmental quality service council in the collection of certain data concerning brownfield properties in Indiana. Transfers $10,000,000 from the hazardous substances response trust fund to the environmental remediation revolving loan fund between July 1, 1997, and July 1, 1999.
(69)
SB 372
Author(s): Merritt; Lawson; Howard; Randolph; Miller
Sponsor(s): Summers; Murphy
Citations Affected: IC 12-17-16.
Effective: July 1, 1997.
Birth certificates and infant mortality. Establishes the infant mortality account within the Indiana children's trust fund for education and programs for the purpose of reducing infant mortality in Indiana. Provides that the Indiana children's trust fund board shall approve projects and recommend that the projects receive money from the infant mortality account. Provides that the commissioner of the state department of health or the commissioner's designee is a nonvoting member of the board. Requires the state department of health to design and issue heirloom birth certificates. Provides that the net proceeds from the heirloom birth certificate must be deposited in the Indiana children's trust fund. (77)
SB 375
Author(s): Mills; Johnson; Howard
Sponsor(s): Crawford; Scholer
Citations Affected: IC 6-2.1; IC 6-2.5; IC 6-3.1; noncode.
Effective: July 1, 1997; January 1, 1998.
Tax credits for computer donations. Exempts the sale of qualified computer equipment from the gross retail sales tax. Decreases the tax credit for qualified computer equipment donations from $125 to $100. Allows an education service center to directly sell a donated computer to a parent or guardian of a child that participates in the buddy system project or the school's computer education program. Requires the price that a service center charges for a refurbished computer to equal the cost of the credit plus the actual operating costs, including overhead, incurred to refurbish the computer. Eliminates the duty of the state board of education to annually review the need to continue the donation program. (58)
SB 396
Author(s): Server; Antich; O'Day; Randolph
Sponsor(s): L. Lutz; V. Becker; Sturtz; Klinker
Citations Affected: IC 36-8-10.
Effective: July 1, 1997.
County police pensions. Provides that county police pension benefits for employees who retire after June 30, 1997, may be based on the highest paid three years of service and may be increased by 1% for each six months of service after 20 years. (79)
SB 400
Author(s): Kenley; R. Young; Hume
Sponsor(s): Espich; Bauer; Gulling
Citations Affected: IC 6-1.1; IC 11-13; IC 12-19; IC 16-33; IC 31-9; IC 31-34; IC 31-37; IC 33-2.1
Effective: Upon passage; July 1, 1997; January 1, 1998.
Coordination of child services. Requires the judicial conference of Indiana to provide probation departments with training and technical assistance relating to special education services and programs for juvenile delinquents and children in need of services. Modifies the procedures for establishing the budget and property tax levies for the county family and children's fund. Establishes placement committees for the Indiana School for the Blind, the Indiana School for the Deaf, and Silvercrest Children's Development Center to review admission denials and dismissals. Indicates that the Indiana Soldiers' and Sailors' Children's Home (the Home) is established as a home for children who are in need of residential care and who would qualify for educational service, with preference to be given to children of members of the armed forces and children of families of veterans who meet the admission criteria. Prohibits placement in the Home of children who must be kept in a secure facility, a juvenile detention facility, or a detention facility. Allows the juvenile court in the county where the Home is located to order the county office of the county where the child resided before being admitted to the Home to reimburse the county for services ordered by the juvenile court, certain detention costs, and certain transportation costs. Provides additional standards for juvenile court predispositional reports and dispositional hearings, including provisions for a conference of individuals who have expertise in determining the appropriate care, treatment, rehabilitation, or placement of the affected child. Requires probation departments to report financial and demographic information concerning delinquent children and children in need of services. Establishes procedures for the development of a community services plan for early intervention that is tailored to provide services targeted to the individual needs of delinquent children, children in need of services, and other children who are identified as being at risk of becoming delinquent children or children in need of services. Increases from $1,000 to $2,000 the minimum annual grant from the division of state court administration to each county with a guardian ad litem or court appointed special advocate program. Requires the state department of health to conduct a fiscal study of the special education institutions administered by the state department of health and alternatives available at nonstate facilities. Requires the state to develop a comprehensive plan for the identification, evaluation, placement, and treatment of delinquent children and children in need of services and the manner of funding the services. (88)
SB 404
Author(s): Wyss; Alexa; Long; Waterman; Worman
Sponsor(s): Dvorak; Ayres
Citations Affected: IC 12-23; IC 33-13; IC 33-19; noncode.
Effective: July 1, 1997.
Drug and alcohol programs. Provides that the Indiana judicial center shall administer the alcohol and drug services program. (Current law provides that the program is administered by the bureau of addiction services.) Creates the Indiana judicial center drug and alcohol programs fund to deposit money transferred from various court fees. (Current law provides that money is deposited in the addiction services account.) Provides that a court established alcohol and drug services program may not provide direct treatment or rehabilitation services unless the program is certified by the division of mental health. Requires the treasurer of state to transfer previously transferred but unallotted drug and alcohol funds to the Indiana judicial center drug and alcohol programs fund. (77)
SB 405
Author(s): Wyss; Alexa
Sponsor(s): Bailey; Ayres
Citations Affected: IC 22-4; noncode.
Effective: Upon passage; July 1, 1997.
Workforce development. Increases the amount of the special employment and training services fund that the commissioner of workforce development may use for certain training programs. Establishes new limitations on the use of money from the fund for certain types of programs.
Creates a legislative study committee of twelve members to study issues related to the coordination of workforce development services. Requires the committee to issue an interim report by November 1, 1997, and a final report by November 1, 1998. (79)
SB 410
Author(s): Simpson; Wyss; Breaux; Craycraft; Howard; Randolph
Sponsor(s): Bales; Kruzan; Kruse
Citations Affected: IC 22-13; noncode.
Effective: July 1, 1997.
Access by disabled persons to buildings. Requires the fire prevention and building safety commission to adopt rules that require buildings to comply with the Americans with Disabilities Act (ADA). Specifies that the rules must: (1) require that new construction be readily accessible to individuals with disabilities unless it is structurally impracticable to meet the accessibility requirements; (2) require alterations of existing facilities to be made in a manner that complies with the readily achievable barrier removal provisions of the ADA; and (3) allow reasonable and cost-effective alternative means of public access or service if the alternative means are consistent with the ADA. Requires the commission to apply to the United States Department of Justice before October 1, 1998, for certification that the rules comply with the ADA. (93)
SB 413
Author(s): Gard; McCarty
Sponsor(s): Bottorff; J. Lutz
Citations Affected: IC 8-1.
Effective: Upon passage.
Municipal electric joint agencies. Finds that municipal joint utility agencies are not financially capable of providing the planning, financing, locating, and building of needed new facilities for generation and transmission or operating or managing these facilities. Provides that certain municipal utility joint agency transmission contracts are not considered utility projects. Changes the definition of public utility to include a limited liability company, partnership, or other form of legal entity. Permits a joint agency of municipally owned electric utilities to operate, maintain, and manage regional transmission systems, including transmission facilities owned by a municipality or a joint agency. Limits the term of a transmission contract to 50 years. Prohibits a contract from making the state, a political subdivision, or a municipality a shareholder in a public utility. Provides that the board of commissioners may delegate responsibilities in the contract if the delegation and action taken are consistent with prudent utility practice. Provides that payments made under a transmission contract must be paid solely from revenues of the joint agency entering into the contract. Provides that the obligation to make these payments does not constitute an indebtedness or lend the credit of the state, a political subdivision, or a municipality to a public utility. Eliminates the jurisdiction of the utility regulatory commission over joint agency rates and provides that the commission has jurisdiction over a joint agency if the joint agency initiates a proceeding before the commission. (58)
SB 414
Author(s): Long
Sponsor(s): Espich; Dobis
Citations Affected: IC 7.1-3-20-13.5.
Effective: July 1, 1997.
ABC permits for tennis clubs. Exempts tennis clubs with restaurants open to the public from the gross food sales requirement for obtaining certain alcoholic beverage permits. (02)
SB 417
Author(s): Lubbers; Clark; Wyss
Sponsor(s): Porter; Mannweiler; Stevenson
Citations Affected: IC 20-9.1.
Effective: Upon passage.
Inspection of commercial buses. Requires a commercial motor bus used to transport persons to or from an organizational activity for compensation to be inspected annually. Requires the commercial motor carrier to provide certain information to its customers. Allows the state police department to inspect a commercial motor bus or cause the bus to be inspected by a third party if it determines that the commercial carrier is not capable of carrying out the inspection. (71)
SB 418
Author(s): Merritt
Sponsor(s): Crawford; Bosma; Dickinson; Friend
Citations Affected: IC 36-7; noncode.
Effective: Upon passage; July 1, 1997.
Reuse area bonding. Provides that reuse authorities may pledge revenues of the reuse authority and properties becoming available to the reuse authority for payment of bonds. Provides that bonds issued by a reuse authority are payable from any revenue available to the reuse authority. Allows a reuse authority to impose conditions on the development of any property in the reuse area, if the conditions are approved by the appropriate planning body of the unit. Allows the reuse authority to impose development fees or other fees on private persons to pay for infrastructure to support development. (94)
SB 427
Author(s): Mills; Lewis; Skillman; Merritt
Sponsor(s): Bottorff; Frizzell; Tabaczynski; J. Lutz
Citations Affected: Noncode.
Effective: Upon passage.
Electric utility competition and deregulation. Requires the regulatory flexibility committee established by IC 8-1-2.6-4 to study competition and deregulation in the electric utility industry. Provides that the money needed to pay the expenses for the consultants is appropriated from the public utility fund under IC 8-1-6 to the legislative council. (93)
SB 457
Author(s): Worman; Lewis; McCarty; Server; Craycraft
Sponsor(s): Fry; M. Smith; Ripley; Moses
Citations Affected: IC 27-1-12; IC 27-1-13-3; IC 27-1-21-1; IC 27-1-33-7; IC 27-2-9-3.
Effective: July 1, 1997.
Investments of life insurance companies. Revises the categories, conditions, limitations, and standards to which the investments of domestic life insurance companies must conform. Expands the authority of a life insurance company to invest in shares of a mutual fund. Authorizes a life insurance company to invest up to 20% of its assets in bonds, notes, and other evidences of indebtedness issued, guaranteed, or assumed by a foreign government or denominated in a foreign currency. Authorizes a life insurance company to engage in securities lending transactions, reverse repurchase agreements, and dollar roll transactions. Authorizes a life insurance company to engage in derivative transactions (including transactions involving options, certain warrants, caps, floors, collars, swaps, swaptions, futures, and forwards) after the company's board of directors: (1) determines that the insurer's investment managers have the requisite expertise to engage in derivative transactions; and (2) adopts guidelines and objectives to be followed in derivative transactions. Authorizes a life insurance company to participate in a qualified investment pool and establishes requirements that an investment pool must meet in order to qualify. Allows a managing general agent (MGA) to jointly employ a person who is employed by an insurer if the MGA and the insurer are affiliated in an insurance holding company system. (55)
SB 465
Author(s): Hume; Harrison; Worman; Johnson
Sponsor(s): Stilwell; Frizzell
Citations Affected: IC 5-10-8-7.
Effective: July 1, 1997.
Group long term care insurance. Allows the state to provide group long term care insurance for state employees. (95)
SB 467
Author(s): Hume; Worman; R. Young; Wheeler
Sponsor(s): Wilson; Avery; Mock
Citations Affected: IC 5-22.
Effective: July 1, 1997.
Interstate jobs protection compact. Creates the interstate jobs protection compact. Provides that the compact has certain purposes, including the study of and making of recommendations concerning the unnecessary interstate relocation of existing jobs. Creates the interstate jobs protection commission. Provides that the commission has certain purposes, including making recommendations to states that are parties to the compact, gathering information on business relocations, and consulting with party states concerning job relocation matters. Provides that the governor of each party state is the commission member from that state. Authorizes the commission to establish facilities, employ staff, accept donations, and establish committees. Requires the commission to adopt bylaws and prepare reports to the party states. Requires the commission to submit a budget to each party state as required by the party state. Requires the commission to apportion its total appropriations request request among the party states in equal shares. Provides that the compact is effective for Indiana upon enactment into law by Indiana and four other listed states, and that the compact becomes effective for any other state upon enactment by that state and five other states. (94)
SB 472
Author(s): Meeks; Howard; Gard.
Sponsor(s): Porter; Scholer
Citations Affected: IC 4-13.4; IC 4-13.6; IC 4-20.5; IC 5-17; IC 5-22-6.5; IC 5-22-10-18.
Effective: Upon passage; July 1, 1997; July 1, 1998.
State contracts. Allows the commissioner of the state department of administration to make special procurements for copyrighted materials. Raises the bonding requirement for contractor certification to $150,000. Raises the minimum estimated cost of a public works project that determines whether a performance or payment bond is required for the project to $150,000. Lowers the estimated cost of a public works project that determines whether retainage of portions of payments to various parties may be included as part of a contract for the project to $150,000. Provides that the state, a state agency, a body corporate and politic, a state university, a unit of local government, or an agency of a unit of local government may contract with a collection agency for collection services by any means authorized by statute. (95)
SB 477
Author(s): Simpson; Johnson
Sponsor(s): Kruzan; Espich; Ripley
Citations Affected: IC 12-7; IC 12-14; noncode.
Effective: July 1, 1997; July 1, 1998.
Planning councils. Requires each county executive to establish a planning council by September 1, 1997, to create an action plan that will help recipients of public assistance to adjust to changes in public assistance programs and to become more self sufficient. Requires each planning council to meet at least once each month beginning October 1, 1997, to create an action plan. Requires each planning council to use, as a baseline from which to measure progress, the plan developed by a previously established planning council that served the same geographic area. Requires the director of the county office of family and children or the director's designee in each county served by the planning council to attend each meeting of the planning council to inform members regarding progress made in implementing changes to public assistance and ways the planning council can help community members to become more self sufficient. Provides that an action plan may include proposals for implementing demonstration projects in communities served by the planning council. Requires a planning council to submit each proposal for a demonstration project to the office of the secretary of family and social services, which may approve, modify, or deny the proposal. Provides that money received from the federal government to provide public assistance may be used to fund a demonstration project. Provides that a planning council may contract with local and regional entities to provide resources and services needed to implement a demonstration project. Requires each planning council to submit its action plan to the state human resource investment council. Requires the state human resource investment council to assist each planning council as needed and to coordinate the sharing of details of each planning council's action plan and the results of each planning council's demonstration project with planning councils throughout the state. Repeals, effective July 1, 1998, planning councils established in 1995 to assist recipients of Aid to Families with Dependent Children (AFDC). Establishes the county government study commission to examine how to improve the effectiveness and efficiency of county government. Requires the county government study commission to study various functions and duties of elected county officials.
(88)
SB 478
Author(s): Simpson; Miller; Gard; Riegsecker
Sponsor(s): Wolkins; Kruzan; Scholer; Hasler
Citations Affected: IC 13-11-2; IC 13-22-2; IC 13-22-3-4; IC 13-22-11-1; IC 13-22-11.5-2; IC 16-41-16-8; IC 16-42-18-1.
Effective: Upon passage; July 1, 1997.
Secondary material, infectious waste, and hazardous waste. Amends the definition of "secondary material" for purposes of the law concerning secondary material exemptions. Provides that a facility is not required to be licensed as a transfer station for the transfer of solid waste if: (1) infectious waste is transferred directly between two vehicles; (2) the infectious waste is packaged according to certain state laws; and (3) the packages of infectious waste are not opened during the transfer. Allows the commissioner of the department of environmental management to exclude certain wastes from the list of wastes determined to be hazardous wastes if the person seeking exclusion of the waste demonstrates to the satisfaction of the commissioner that the waste does not meet any of the criteria under which the waste was listed as a hazardous waste and: (1) the person seeking exclusion has already obtained exclusion of the waste from the listing maintained by the United States Environmental Protection Agency; or (2) if the department has received authority from the United States Environmental Protection Agency to delist waste, the person petitions the commissioner to consider the removal of a waste from the listing, and the commissioner follows the authorized procedure for delisting. Requires the department to establish a procedure by which a person may petition the commissioner to consider the removal of a specific waste from the list. Requires the state department of health to adopt rules to allow a person or facility that transports infectious waste offsite to label each container of infectious waste in a manner that: (1) does not specifically identify the generating facility or treatment facility; and (2) ensures that the identity of the generating facility or treatment facility may be readily obtained based on the label information. (95)
SB 483
Author(s): Alexa; Meeks
Sponsor(s): Villalpando; Ayres; Frenz
Citations Affected: IC 24-4.6-3.
Effective: July 1, 1997.
Solicitation of money from the public. Prohibits the solicitation of money from the public by using the name of a public safety agency or language that implies a connection to a public safety agency unless the agency gives permission for the use. Requires that a solicitation approved by a public safety agency must include the correct name of the agency. Requires a person to immediately stop soliciting upon notification by an agency when the agency finds that the person has acted in a manner that reflects negatively on the agency or differs significantly from that originally permitted. Makes unauthorized public safety agency solicitation a Class A misdemeanor. (95)
SB 485
Author(s): Bray; Randolph
Sponsor(s): Dvorak; Foley; Kuzman
Citations Affected: IC 9-30.
Effective: July 1, 1997.
Habitual traffic offender. Allows a person whose driver's license has been suspended for life or for being a habitual violator to petition the bureau of motor vehicles for a reinstatement of the person's driver's privileges if the following conditions are met: (1) Three years have elapsed since the date on which an order for suspension of the person's driving privileges was issued and the person has not violated the suspension by driving for three consecutive years. (2) The person's suspension was the result of driving on a suspended license that was suspended for commission of infractions only or previously driving on a suspended license. (3) The person has never been convicted of certain very serious driving offenses such as operation of a motor vehicle while intoxicated resulting in death. (4) The person has never been convicted of certain other serious driving offenses, such as driving while intoxicated. (5) The person has not been convicted more that once of driving on a license suspended under the habitual violator chapter. (6) The person has never been convicted of driving on a license suspended for life. (89)
SB 498
Author(s): Sipes; Gard
Sponsor(s): Bottorff
Citations Affected: IC 4-23-7-5.3.
Effective: July 1, 1997.
Surplus library materials. Establishes procedures under which the Indiana library and historical board may accept gifts of library materials or sell, lease, exchange, or otherwise dispose of library materials. (95)
SB 500
Author(s): Dempsey
Sponsor(s): Ayres; Villalpando
Citations Affected: IC 35-46-6-3.
Effective: July 1, 1997.
Prohibits use and distribution of nitrous oxide. Provides that a person who knowingly or intentionally uses or distributes nitrous oxide to a person, unless the nitrous oxide is to be used for medical purposes, commits a Class B misdemeanor. Enhances the offense to a Class A misdemeanor if the person had a prior unrelated conviction for the offense. (87)
SJ 3
Author(s): Skillman; Merritt
Sponsor(s):Kromkowski; Behning
Citations Affected: Article 6, Section 5 of the Constitution of the State of Indiana.
State officers residing in Indiana. Removes the requirement that the secretary of state, the auditor of state, and the treasurer of state must reside at the seat of government. This proposed amendment was agreed to by the One Hundred Ninth General Assembly. (87)
SJ 10
Author(s): Lawson; Miller; Skillman
Sponsor(s):Kromkowski; Richardson
Citations Affected: Article 2, Section 2; Article 2, Section 3; Article 2, Section 14; and Article 16, Section 1 of the Constitution of the State of Indiana.
Provides that the voter residency requirements set forth in the Constitution of the State of Indiana do not disenfranchise an otherwise qualified citizen entitled to vote in a precinct under federal law. Permits the General Assembly to provide that a citizen who ceases to be a resident of a precinct may vote in that precinct if, on the date of the election, the citizen's name appears on the registration rolls for the precinct. Removes provisions: (1) stating that a member of the armed forces stationed in Indiana does not have the right to vote; and (2) concerning general elections in townships on dates other than the first Tuesday after the first Monday in November. Specifies that constitutional amendments agreed to by two successively elected general assemblies are submitted to the electorate at the next general election. Makes other stylistic changes. This proposed amendment has been agreed to by the One Hundred Ninth General Assembly.
HCR 1
Author(s): Buck; T. Adams; Alderman; Alevizos; Avery; Ayres; Bailey; Bales, Bauer; Becker, Behning; Bischoff; Bodiker; Bosma; Bottorff; C. Brown; T. Brown; Budak; Buell; Burton; Cochran; Cook; Crawford; Crooks; Crosby; Davis; Day; Denbo; Dickinson; Dobis; Duncan; Dvorak; Espich; Fesko; Foley; Frenz; Friend; Frizzell; Fry; GiaQuinta; Goeglein; Gregg; Grubb; Gulling; Harris; Hasler; Heeke; Hoffman; Keeler; Kersey; Klinker; Kromkowski; Kruse; Kruzan; Kuzman; Leuck; Liggett; Linder; J. Lutz; L. Lutz; Lytle; Mahern; Mangus; Mannweiler; Marendt; McClain; Mock; Moses; Munson; Murphy; Padfield; Pond; Porter; Richardson; Ripley; Robertson; Ruppel; Saunders; Scholer; M. Smith; V. Smith; Steele; Stephan; Stevenson; Stilwell; Sturtz; Summers; Tabaczynski; Tincher; Torr; Turner; Villalpando; Warner; Webber; Whetstone; Wilson; Wolkins; D. Young; M. Young; Yount
Sponsor(s): Wyss
Urging the department of transportation to designate Interstate 69 from the Michigan and Indiana border to Interstate 465 as the "Korean Veterans Memorial Highway"
HCR 2
Author(s): Leuck
Sponsor(s): Garton; R. Young
Convene a joint session of the House and the Senate to receive the results of the election for Governor and Lt. Governor
HCR 3
Author(s): Grubb; T. Adams; Avery; Ayres; Becker, Behning; Bischoff; Bodiker; Bosma; C. Brown; Budak; Buell; Burton; Crooks; Davis; Day; Dickinson; Dobis; Duncan; Dvorak; Fesko; Frenz; Friend; Fry; Goeglein; Gulling; Hasler; Heeke; Hoffman; Kersey; Klinker; Kruse; Kruzan; Kuzman; Liggett; Linder; J. Lutz; L. Lutz; Lytle; Mahern; Mannweiler; McClain; Mock; Moses; Murphy; Padfield; Richardson; Ripley; Robertson; Scholer; V. Smith; Stilwell; Tincher; Torr; Turner; Villalpando; Warner; Webber; Whetstone; Wilson; Wolkins; D. Young
Sponsor(s): Meeks; Lewis
Honoring Lloyd Jennings on his retirement as Superintendent of the Indiana State Police
HCR 5
Author(s): Davis; Whetstone
Sponsor(s): Lawson
Honoring Tri-West High School football team, Class A state champions
HCR 6
Author(s): Kruzan; Mannweiler
Sponsor(s): Garton; R. Young
Recess the General Assembly from January 16 to January 21, 1997
HCR 8
Author(s): Duncan; Bischoff; Linder
Sponsor(s): Jackman; Nugent
Urging the state department of transportation to enlarge the Interstate 74/State Road 421 interchange at Greensburg, Indiana
HCR 10
Author(s): Summers
Sponsor(s): Garton; R. Young
To convene a Joint Session of the General Assembly of the State of Indiana to receive the Governor's State of the State message
HCR 11
Author(s): Tincher
Sponsor(s): Garton; R. Young
To convene a Joint Session of the General Assembly of the State of Indiana to receive the Chief Justice's State of the Judiciary message
HCR 13
Author(s): Heeke
Sponsor(s): Lewis; Skillman; L. Hume
To honor the memory of Thomas Willson Hall, a former member of the Indiana House of Representatives
HCR 14
Author(s): Turner; D. Young
Sponsor(s): Kenley; Ford; Wheeler
Honoring Jack Colescott of Marion for contributions to high school athletics
HCR 15
Author(s): Ruppel
Sponsor(s): Wheeler
Recognizing the Manchester High School Band for its official acceptance to participate in the national Saint Patrick's Day Parade in Washington, D.C
HCR 16
Author(s): Cochran; Robertson; Bottorff
Sponsor(s): Sipes; Lewis
Memorializing Floyd McMurray, founder of I.U. Southeast, upon his death
HCR 17
Author(s): Whetstone; Buell; Bodiker; Duncan; Fry; Linder; Liggett; Mahern; Munson; Kuzman; Lytle; T. Adams; Pond; Ripley; Saunders; Stephan; Richardson
Sponsor(s): Craycraft; Ford; Gard; McCarty; Borst; Meeks; Worman
Honoring the Ball State University Football Team
HCR 18
Author(s): Robertson
Sponsor(s): Weatherwax; Rogers
Commending the Indiana Vocational and Technical Education system and recipients of the Indiana Vocational Education Awards for Excellence
HCR 19
Author(s): Wilson
Sponsor(s): Antich
Honoring the Bethlehem Steel Corporation, Midwest Steel Corporation, Porter County Vocational Education, United Steelworkers District 7, Kankakee Valley Workforce Development Council and Portage High School for their collaborative effort and outstanding success in the School-to-Career program
HCR 20
Author(s): Torr; Buck; Richardson
Sponsor(s): Lubbers; Kenley; Clark
Honoring the Carmel High School girls' cross country team
HCR 21
Author(s): Torr; Buck; Richardson
Sponsor(s): Lubbers; Kenley; Clark
Honoring the Carmel High School boys' cross country team on winning its tenth Indiana High School Athletic Association cross country state championship
HCR 22
Author(s): Torr; Richardson; Buck
Sponsor(s): Lubbers; Kenley; Clark
Honoring the Carmel High School boys' swimming and diving team on winning the Indiana High School Athletic Association state championship
HCR 23
Author(s): Kruzan; Bales
Sponsor(s): Simpson; Wheeler
Honoring the Indiana University School of Public and Environmental Affairs on the occasion of its twenty-fifth anniversary
HCR 24
Author(s): Warner
Sponsor(s): Riegsecker
Recognizing Don Jantzi, principal of Chamberlain Elementary School, Goshen, Indiana, and the Chamberlain's Caring Community program
HCR 25
Author(s): Mannweiler
Sponsor(s): Lubbers
Honoring Nathaniel Jones for his commitment to his community and his dedication to furthering excellence in education
HCR 26
Author(s): Leuck; Bischoff; Frenz; Grubb; Harris; Heeke; Liggett; Stilwell; Ripley; Davis; Friend; Linder; Mangus; M. Smith; Warner; Scholer; Klinker
Sponsor(s): Wolf; Weatherwax; Gery; Nugent
Honoring Maurice L. Williamson for his life-long contributions to agriculture
HCR 27
Author(s): Murphy; Buell; Behning; Frizzell; Gulling
Sponsor(s): Miller
Recognizing the contributions of Joseph L. Skvarenina to his family, church and community
HCR 28
Author(s): M. Young; Keeler; Behning; Marendt
Sponsor(s): Mills
Congratulating the Ben Davis High School debate team on winning the state championship
HCR 29
Author(s): Duncan; T. Adams; Alderman; Alevizos; Ayres; Bailey; Bales, Bauer; Becker, Behning; Bischoff; Bodiker; Bosma; Bottorff; T. Brown; Buck; Budak; Buell; Burton; Cochran; Cook; Crawford; Crooks; Crosby; Davis; Day; Denbo; Dickinson; Dobis; Dvorak; Espich; Fesko; Foley; Frenz; Friend; Frizzell; Fry; GiaQuinta; Goeglein; Gregg; Grubb; Gulling; Harris; Hasler; Hoffman; Keeler; Kersey; Klinker; Kromkowski; Kruzan; Kuzman; Leuck; Liggett; Linder; J. Lutz; L. Lutz; Lytle; Mahern; Mangus; Mannweiler; Mock; Moses; Munson; Murphy; Pond; Porter; Richardson; Ripley; Robertson; Ruppel; Saunders; Scholer; Stephan; Stevenson; Stilwell; Sturtz; Summers; Tabaczynski; Tincher; Torr; Villalpando; Warner; Webber; Whetstone; Wilson; Wolkins; D. Young; M. Young; Yount
Sponsor(s): Landske; Paul; Lubbers
Urging the appropriation of funds to be transferred to a national fund to help create a Women's Memorial Ceremonial Gateway to Arlington National Cemetery
HCR 30
Author(s): Fry; Dvorak; Mock; Mangus
Sponsor(s): Zakas; Adams; Washington
Honoring the Penn High School 5A State Football Champions
HCR 31
Author(s): Fry; Dvorak; Mangus
Sponsor(s): Zakas; Adams; Washington
Honoring the Penn High School Pom-pom squad for winning the 1996-1997 State Championship in the Pom Category
Division II
HCR 32
Author(s): Friend
Sponsor(s): Kenley; Johnson
Honoring Tipton County on the county's selection as the site of the 1998 Farm Progress Show
HCR 33
Author(s): T. Adams; Munson; Alderman; Alevizos; Avery; Ayres; Bailey; Bales, Bauer; Becker, Behning; Bischoff; Bodiker; Bosma; Bottorff; C. Brown; T. Brown; Buck; Budak; Buell; Burton; Cochran; Cook; Crawford; Crooks; Crosby; Davis; Day; Denbo; Dickinson; Dobis; Duncan; Dvorak; Espich; Fesko; Foley; Frenz; Friend; Frizzell; Fry; GiaQuinta; Goeglein; Gregg; Grubb; Gulling; Harris; Hasler; Heeke; Hoffman; Keeler; Kersey; Klinker; Kromkowski; Kruse; Kruzan; Kuzman; Leuck; Liggett; Linder; J. Lutz; L. Lutz; Lytle; Mahern; Mangus; Mannweiler; Marendt; McClain; Mock; Moses; Munson; Murphy; Padfield; Pond; Porter; Richardson; Ripley; Robertson; Ruppel; Saunders; Scholer; M. Smith; V. Smith; Steele; Stephan; Stevenson; Stilwell; Sturtz; Summers; Tabaczynski; Tincher; Torr; Turner; Villalpando; Warner; Webber; Whetstone; Wilson; Wolkins; D. Young; M. Young; Yount
Sponsor(s): Adams; Alexa; Antich; Borst; Bowser; Bray; Breaux; Clark; Dempsey; Ford; Gard; Garton; Gery; Harrison; Hellmann; Howard; L. Hume; Jackman; Johnson; Kenley; Landske; Lawson; Lewis; Long; Lubbers; McCarty; Meeks; Merritt; Miller; Mills; Nugent; O'Day; Paul; Randolph; Riegsecker; Rogers; Server; Simpson; Skillman; Sipes; Washington; Waterman; Weatherwax; Wheeler; Wolf; Worman; Wyss; R. Young; Zakas
Honoring the memory of Brian L. Reed for his years of dedicated service to the citizens of the City of Muncie and the State of Indiana
HCR 34
Author(s): Torr
Sponsor(s): Lubbers
Congratulating the Carmel High School Symphony Orchestra on placing first in the Indiana State School Music Association finals
HCR 35
Author(s): Whetstone; Buell; Bodiker; Duncan; Fry; Linder; Liggett; Mahern; Munson; Kuzman; Lytle; T. Adams; Pond; Ripley; Saunders; Buck
Sponsor(s): Craycraft; Gard; Ford; McCarty
Recognizing and congratulating Professors John Barber and Jon Hendrix for their receipt of national teaching prizes
HCR 36
Author(s): V. Smith
Sponsor(s): Rogers
Honoring Gary Police Sergeant Jesse Solomon on the occasion of his retirement after a twenty-one year career in law enforcement
HCR 37
Author(s): Mangus
Sponsor(s): Adams; Riegsecker
Honoring A.J. Whitehead for winning the 1997 Indiana High School Athletic Association's Mental Attitude Award for girls' basketball
HCR 38
Author(s): Heeke; Steele
Sponsor(s): Skillman; Lewis
Honoring the memory and many contributions of Clyde W. "Bill" Goen to the people of the town of Salem, Washington County and the State of Indiana
HCR 39
Author(s): Kruzan; Bales
Sponsor(s): Simpson; Skillman
Honoring Dean Charles Webb and his wife Kenda, for their years of devoted service to Indiana University upon the occasion of Dean Webb's retirement after 24 years of leading the world renown School of Music
HCR 40
Author(s): Murphy; Marendt; Buell
Sponsor(s): Miller
Congratulating the Franklin Central High School Flashes of Marion County for winning their fourth consecutive State Fair Band Day competition in 1996
HCR 41
Author(s): Foley; Turner; Behning; Whetstone
Sponsor(s): Bray
Congratulating the Martinsville High School girls basketball team, Martinsville, Indiana, for winning the Indiana High School Athletic Association basketball championship
HCR 42
Author(s): Foley; Behning; Whetstone
Sponsor(s): Bray
Congratulating the Martinsville High School, Martinsville, Indiana, spelling team on winning the 1996 Hoosier State Spell Bowl championship
HCR 43
Author(s): Foley; Behning; Whetstone
Sponsor(s): Bray
Honoring the Martinsville High School girls golf team and their coach, Sharon Most
HCR 44
Author(s): Foley; Behning; Whetstone
Sponsor(s): Bray
Honoring Carol Burns, coach of the Martinsville High School volleyball team, and congratulating the Martinsville High School volleyball team
HCR 46
Author(s): V. Smith; C. Brown; Crawford; Dickinson; Harris; Porter; Summers
Sponsor(s): Rogers; Breaux; Washington; Howard
Honoring the humanitarian contributions of William H. Gray to the African- American heritage of this country, praising his national leadership of The College Fund/UNCF and welcoming him to the State of Indiana
HCR 47
Author(s): Keeler
Sponsor(s): Clark; Wheeler
Honoring Mark William Gray for his many years as a distinguished member of the Indiana bar and his many contributions to the Indiana General Assembly
HCR 48
Author(s): Fry
Sponsor(s): Washington; Zakas
To honor Ideal Baldoni for his lifelong distinguished contributions to the Democratic Party in the State of Indiana and to congratulate him upon the occasion of his November, 1996 election and induction into the South Bend Hall of Fame
HCR 49
Author(s): Ruppel; Bosma; Porter; T. Brown; Bodiker; Stevenson; Buell; Scholer; Richardson; Marendt; Klinker; Murphy; Kersey; Cook; Kruse; T. Adams
Sponsor(s): Worman; Lubbers; Howard
Recognizing and congratulating Butler University, its faculty and students for its many and varied academic and athletic endeavors and, most recently, for the highly successful season of its men's basketball team that culminated in its participation in the NCAA tournament
HCR 50
Author(s): Bales; Kruzan; Steele
Sponsor(s): Simpson; Waterman
Congratulating Bloomington North High School, Bloomington, Indiana, on winning the last Indiana High School Athletic Association single-class state basketball championship
HCR 51
Author(s): C. Brown; V. Smith; Wilson; Harris; Ayres
Sponsor(s): Alexa; Antich; Rogers
Recognizing and honoring Mike Krueger and Eric Mason of Portage for their civic and social contributions to the City of Portage and the State of Indiana
HCR 52
Author(s): Bottorff; Cochran; Bailey; Becker; Bischoff; Crooks; Denbo; Duncan; Foley; Heeke; Hoffman; Lytle; Robertson; Steele; Stilwell; Yount
Sponsor(s): Lewis; Sipes; Young; L. Hume; Simpson; Skillman; Nugent; Jackman; Garton
Honoring Congressman Lee H. Hamilton of the Ninth District of the State of Indiana and urging the Indiana Department of Transportation to take all necessary steps to designate Interstate 265 commencing at Interstate 64 in Floyd County and ending at Indiana State Route 62 in Clark County as the "Lee H. Hamilton Highway"
HCR 54
Author(s): Bodiker
Sponsor(s): Paul
Congratulating Lisa Shepherd of Richmond High School upon her selection as Indiana's 1997 Miss Basketball
HCR 55
Author(s): Duncan
Sponsor(s): Lewis
Congratulating the Danner family on the occasion of the 100th year of business for Danner's Hardware, Vevay, Indiana
HCR 56
Author(s): Duncan
Sponsor(s): Nugent
Urging the Indiana Department of Natural Resources to establish criteria for the construction of additional inns at Indiana state parks by the private sector
HCR 57
Author(s): Tincher
Sponsor(s): Waterman
Honoring Clarence Yegerlehner on his 100th birthday
HCR 58
Author(s): Duncan
Sponsor(s): Jackman
Congratulating Roseanne Bohman and the Notre Dame women's basketball team for being one of the final four teams in the NCAA basketball tournament
HCR 59
Author(s): Duncan
Sponsor(s): Jackman
Congratulating coach Phil Snodgress on the completion of 21 years as head basketball coach at Greensburg High School, Greensburg, Indiana
HCR 60
Author(s): Mannweiler; Keeler; Behning; Bosma; Buell; Crawford; Day; Dickinson; Frizzell; Mahern; Marendt; Murphy; Porter; Summers
Sponsor(s): Miller; Breaux; Borst; Clark; Howard; Lubbers; Merritt; Mills
Commemorating the life and accomplishments of former State Representative William I. Spencer and asking the Indiana Department of Transportation to name the Williams Creek Bridge on US 31 (North Meridian Street) in northern Marion County after him
HCR 61
Author(s): Mannweiler
Sponsor(s): Lubbers; Howard
Recognizing and congratulating Judy Fraps for her successful teaching career and her selection as 1997 Teacher of the Year
HCR 62
Author(s): Ayres; Wilson; C. Brown; Kuzman
Sponsor(s): Alexa; Antich
Honoring the Twenty-fifth Anniversary of Porter County Education Interlocal
HCR 65
Author(s): Whetstone
Sponsor(s): Lawson; Meeks
Recognizing and thanking Parnelli Jones for his dedicated efforts to promote brain injury awareness throughout the State of Indiana
HCR 66
Author(s): Klinker; Scholer; Crosby; Bosma; Davis; Duncan; Leuck; Mangus; Warner; Richardson; Padfield; D. Young
Sponsor(s): Gery; Harrison; Gard
Honoring Purdue University Womens' Head Basketball Coach Nell Fortner for winning the 1996-1997 Big Ten Coach of the Year award in her first season at Purdue and for guiding the Lady Boilermakers to the Big Ten co- championship and congratulating her on her new appointment as Head Basketball Coach for the USA Womens' National Team to prepare for the Olympic Games in the year 2000 in Sydney, Australia
HCR 67
Author(s): Kruzan; Bales
Sponsor(s): Simpson
Congratulating the Bloomington High School South Science Olympiad team for winning the Indiana State Science Olympiad Championship and wishing them the best of luck in the national competition
HCR 68
Author(s): V. Smith
Sponsor(s): Rogers; Randolph
Honoring Cordia P. Moore, Principal of George Washington Elementary School of Gary, on her selection as one of 138 recipients nationwide of the Milken Family Foundation Educator Award
HCR 69
Author(s): Budak; Alevizos
Sponsor(s): Bowser; Alexa
Honoring the Twentieth Anniversary of the LaPorte County Parks and Recreation Department
HCR 70
Author(s): Gregg; Mannweiler
Sponsor(s): Garton; R. Young
Honoring the distinguished recipients of the 1997 Governor's Arts Awards
HCR 71
Author(s): Keeler
Sponsor(s): Lubbers
Honoring the Indiana School for the Blind upon its 150th Anniversary
HCR 72
Author(s): Buell; Grubb; Buck
Sponsor(s): Miller; Paul
Recognizing and honoring the invaluable contributions of the USS Indianapolis to the ending of World War II
HCR 73
Author(s): Frizzell; Burton; Foley;
Sponsor(s): Borst; Garton; Miller
Honor Dr. Charles Lake for his commitment to God, for his many accomplishments, and for his dedication and service to his church
HCR 74
Author(s): Duncan
Sponsor(s): Jackman
Honoring Dr. Clifford W. Childress
HCR 75
Author(s): Klinker; Bauer; Crosby; Duncan; Robertson; Scholer; Warner
Sponsor(s): Gery
To honor Dame Marie N. Clay of Auckland, New Zealand for her contributions to childrens' literacy programs around the world
HCR 76
Author(s): Cook
Sponsor(s): Alexa
Honoring the Plymouth Speech Team from Plymouth High School for winning the 1997 State Speech Championship
HCR 77
Author(s): Duncan
Sponsor(s): Nugent
Honoring Alice Rust on her retirement as director of the Greensburg-Decatur County Contractual Library
HCR 78
Author(s): Duncan
Sponsor(s): Nugent
Recognizing the lifetime accomplishments of Ronald L. Dickey, Sr.
HCR 79
Author(s): Duncan
Sponsor(s): Nugent
Honoring Donald F. Dickey for his years of dedicated service to his community and his state
HCR 80
Author(s): Gulling; Richardson
Sponsor(s): Gard
Honoring Olympic Gold Medal Gymnast Jaycie Phelps
HCR 81
Author(s): Fesko
Sponsor(s): Dempsey
Honoring the Munster High School Speech Team
HCR 82
Author(s): C. Brown; Crawford; Dickinson; Harris; Porter; V. Smith; Summers
Sponsor(s): Breaux; Howard; Randolph; Rogers; Washington
Honoring the 50th anniversary of Jackie Robinson integrating major league baseball
HCR 85
Author(s): Linder
Sponsor(s): Jackman
Congratulating John R. Duncan on the occasion of his retirement as principal of South Decatur Junior/Senior High School, Greensburg, Indiana
HCR 86
Author(s): Wolkins
Sponsor(s): Adams
Congratulating and honoring Eisenhower Elementary School, Warsaw, Indiana, on winning the Four Star School Award for the fourth time
HCR 87
Author(s): Duncan
Sponsor(s): Jackman
Congratulating John W. Secor on the occasion of his retirement as principal of South Decatur Elementary School
HCR 88
Author(s): Avery; L. Lutz; Hasler; Becker
Sponsor(s): Server; O'Day; L. Hume
Honoring the memory of Walter V. Hayden, a former member of the Indiana House of Representatives
HCR 89
Author(s): Keeler; Mannweiler
Sponsor(s): Borst; Merritt; Harrison
Honoring Nelson G. Grills for his contributions to the Indiana General Assembly and the people of the State of Indiana
HCR 90
Author(s): Kersey; Gregg; Tincher; Crosby; Grubb
Sponsor(s): Hellmann; Waterman
Memorializing Brandon Bickers, Terre Haute North High School athlete
HCR 91
Author(s): Davis; Mangus; Sturtz; Burton; Mock; Gregg; Keeler
Sponsor(s): Wheeler
Recognizing and congratulating Shriners Hospitals as they mark their 75th anniversary
HCR 92
Author(s): Hasler; Gregg; Avery; Becker; Crooks; Frenz; Heeke; L. Lutz; Stilwell
Sponsor(s): O'Day
Honoring the 1996-1997 University of Southern Indiana Eagles womens' basketball team for winning the Great Lakes Valley Conference title for the second time in three years and congratulating head coach Chancellor Dugan on becoming USI's all time winningest basketball coach and for winning 1996-1997 Coach of the Year honors
HCR 93
Author(s): Hasler; Gregg; Avery; Becker; Crooks; Frenz; Heeke; L. Lutz; Stilwell
Sponsor(s): O'Day
Congratulating University of Southern Indiana All-American basketball star LeAnn Freeland on the completion of an outstanding four year career and on being named to the 1997 Kodak Womens' All American Basketball Team as well as the first team Academic All- American team by GTE and the College Sports Information Directors of America
HCR 95
Author(s): Ayres; Wilson; C. Brown
Sponsor(s): Alexa; Antich
Recognizing and congratulating the Chesterton High School Winter Guard for winning the state championship for the open class
HCR 96
Author(s): Ayres; Wilson; C. Brown
Sponsor(s): Alexa; Antich
Honoring William "Bill" Schaudt for receiving the 1997 Creative Teacher Award from the Indiana Association of Biology Teachers
HCR 97
Author(s): C. Brown
Sponsor(s): Wyss; Hellmann; Clark
Honoring the life and memory of Terrence P. Pehler, a former lobbyist and dedicated trial lawyer, for his contributions to the practice of law and the citizens of this State
HCR 98
Author(s): Linder
Sponsor(s): Jackman
Memorializing Charles and Mary Hagen of Brown County
HCR 99
Author(s): Bodiker; Buell
Sponsor(s): Miller; Paul; Merritt; Lubbers
Honoring Richmond High School alumnus Robert L. Albano, Principal of Warren Central High School, Indianapolis, for being named Indiana High School Principal of the Year
HCR 100
Author(s): Klinker
Sponsor(s): Harrison; Gery
Congratulating Kathy Matter of the Lafayette Journal and Courier on her selection as one of five recipients of the 1997 Governor's Arts Award
HCR 101
Author(s): Saunders
Sponsor(s): McCarty
Recognizing and congratulating Albert Meyer and Orran Fadely as they celebrate their milestone 100th birthdays
HCR 106
Author(s): Becker; Stilwell
Sponsor(s): Server
Congratulating Castle High School We the People team, state champions
HCR 107
Author(s): Kruse
Sponsor(s): Worman; Meeks
Recognizing and honoring Luke Recker of DeKalb High School for being named Indiana's Mr. Basketball for the 1996-97 Indiana high school basketball season
HCR 109
Author(s): Stevenson; Tabaczynski; Villalpando
Sponsor(s): Dempsey; Randolph
Congratulating Team Hammond on winning the Robotics National Championship
HCR 111
Author(s): M. Young; Keeler; Mannweiler; Marendt; Behning; Buell; Bosma; Murphy; Frizzell
Sponsor(s): Clark; Mills; Borst; Lubbers; Miller; Merritt
Honoring Peggy Dollard and Paula Tracy for public service
HCR 116
Author(s): T. Brown
Sponsor(s): Harrison
Congratulating North Montgomery High School football team, Class 2A champions
HCR 117
Author(s): Buck
Sponsor(s): Johnson
Honoring Western High School marching band, Division C state champions
HCR 119
Author(s): C. Brown; Ayres
Sponsor(s): Alexa; Landske
Commemorating Edward Gaffney's term as Dean of Valparaiso University Law School
HCR 120
Author(s): Dobis; Gulling
Sponsor(s): Harrison; Lewis
Commemorating 30th anniversary of Indiana Law Enforcement Training Act
SCR 1
Author(s): Wyss; Long
Sponsor(s): Moses; GiaQuinta
To honor Christine Danley for her excellence in teaching
SCR 4
Author(s): Garton
Sponsor(s): Gregg; Mannweiler
For adjournment to a day certain
SCR 9
Author(s): Zakas; Riegsecker; Craycraft; Landske; Antich; Wyss; Lawson; Ford; Waterman; Server; Gard; Adams; Wheeler; Dempsey; Skillman; Worman
Sponsor(s): Cook; Mock
Urging Congress to pass the STEP 21 Program
SCR 10
Author(s): Lawson
Sponsor(s): Davis
To honor the Tri-West High School Football Team for winning the 1996 Indiana High School Class A Football Championship
SCR 18
Author(s): Landske
Sponsor(s): Kuzman
Honoring John J. Bartholomew for his many years of service to the community of Lowell, Indiana
SCR 20
Author(s): Landske
Sponsor(s): Kuzman
Memorializing Milton Turner Kenney, longtime Indiana resident and civil engineering expert, who passed away August 20, 1996
SCR 22
Author(s): Gery; Landske; Paul; Randolph; Worman
Sponsor(s): Bauer; Espich
Urging the establishment of an interim study committee on public safety issues in state office complexes
SCR 23
Author(s): Lewis; R. Young; Alexa; Antich; Bowser; Adams; Borst; Bray; Breaux; Clark; Craycraft; Dempsey; Ford; Gard; Garton; Gery; Harrison; Hellmann; Howard; L. Hume; Jackman; Johnson; Kenley; Landske; Lawson; Long; Lubbers; McCarty; Meeks; Merritt; Miller; Mills; Nugent; O'Day; Paul; Randolph; Riegsecker; Rogers; Server; Simpson; Skillman; Sipes; Washington; Waterman; Weatherwax; Wheeler; Wolf; Worman; Wyss; Zakas
Sponsor(s): Cochran; Robertson; Bottorff
Honoring Senator Kathy Smith upon her retirement from the Indiana State Senate
SCR 25
Author(s): Landske
Sponsor(s): Kuzman
Honoring Indiana State Trooper Kevin Murphy for saving the life of an 11 month- old girl
SCR 27
Author(s): Randolph; Antich; Bowser; Breaux; Dempsey; Landske; Rogers; Washington; Howard
Sponsor(s): Harris
Urging the department of transportation to rename East Chicago Avenue in East Chicago, Indiana, as Dr. Martin Luther King, Jr., Memorial Drive
SCR 28
Author(s): Rogers
Sponsor(s): C. Brown; V. Smith
Congratulating Tolleston Middle School's Spell Bowl Team for winning first place in Class 1 of the 1996 Hoosier Spell Bowl State Championship
SCR 29
Author(s): Landske; Rogers
Sponsor(s): Dobis; Fesko
To honor Ernie Niemeyer for his lifelong dedication and public service to the citizens of Lake County, the State of Indiana and the United States
SCR 30
Author(s): Riegsecker
Sponsor(s): Warner; Wolkins; Fry
Urging the President of the United States and the Administrator of the Environmental Protection Agency (EPA) to evaluate both the potential incremental health effects and economic consequences of the proposed revisions to the National Ambient Air Quality Standards
SCR 31
Author(s): Jackman; Long; Lawson
Sponsor(s): Whetstone; Turner
To request that a balanced budget amendment to the United States Constitution be submitted to the states for ratification
SCR 32
Author(s): Gery; Borst
Sponsor(s): Dobis; Mannweiler
Recognizing actress and entertainer Rita Moreno for her glorious career on stage and screen
SCR 33
Author(s): Harrison
Sponsor(s): Grubb; T. Brown
To memorialize the Honorable Earl M. Dowd, former Judge of the Parke Circuit Court, who passed away on April 3, 1996
SCR 35
Author(s): Wolf
Sponsor(s): Lytle; Leuck
Urging the natural resources study committee to address the protection of the natural, scenic, and recreational qualities of those river segments designated as part of the Natural, Scenic, and Recreational River System and those river segments recognized as study rivers which have been determined to qualify as components of the System
SCR 36
Author(s): Hume
Sponsor(s): Frenz
Congratulating the Princeton Community High School Spell Bowl Team for winning the 1996 Class 2 Indiana State Spell Bowl Championship
SCR 38
Author(s): Wheeler
Sponsor(s): Stephan; Wolkins; Ruppel
Honoring Whitko High School Art students Desiree Meadows, Amber Wolfe, Jill Baldridge, and Joe Meggison-Blanchard for receiving selected medals in the 27th Exhibition of World School Children's Art in the Republic of China
SCR 39
Author(s): Wyss; Bray; Dempsey; Long; Meeks
Sponsor(s): GiaQuinta; Avery
To create an interim study committee to examine the issue of juvenile offenders who are waived into the adult offender process
SCR 40
Author(s): Garton
Sponsor(s): Gregg; Mannweiler
Celebrating the Centennial Anniversary of the Indiana Optometric Association
SCR 41
Author(s): Breaux
Sponsor(s): Crawford
Memorializing the life and good works of the late Reverend Dr. Andrew J. Brown, Jr.
SCR 43
Author(s): Alexa
Sponsor(s): Cook
Honoring John M. Waldron for an act of outstanding heroism
SCR 44
Author(s): Wheeler
Sponsor(s): Friend
To congratulate the Columbia City High School debaters for capturing the 1997 State High School Debate Championship
SCR 46
Author(s): Simpson; Skillman
Sponsor(s): Crooks
Recognizing and honoring Crane Division of the Naval Surface Warfare Center, Crane, Indiana, for its natural resources conservation program
SCR 47
Author(s): Lubbers
Sponsor(s): Porter
Congratulating Crossroads Rehabilitation Center on its 60th Anniversary
SCR 50
Author(s): Bowser
Sponsor(s): Alevizos
Congratulating Westville Elementary School's first grade teacher Penny Nelson, assistant teacher Arlene Mathews, and the first grade class of Westville Elementary for winning the nationwide writing contest on mathematics sponsored by Rainbow Reading, a public broadcasting radio program
SCR 51
Author(s): Nugent
Sponsor(s): Lytle
Honoring the town of Vernon, Indiana, on the occasion of the town's 1997 town charter election
SCR 52
Author(s): Breaux; Howard
Sponsor(s): Porter
Memorializing the life of the Rev. Dr. Joseph Harold Finnell, Jr.
SCR 53
Author(s): Lewis
Sponsor(s): Robertson; Bottorff
Honoring and recognizing Ed Denton for his induction to the Indiana Basketball Hall of Fame
SCR 54
Author(s): Garton; Young
Sponsor(s): Gregg; Mannweiler
To allow both the Senate and the House of Representatives of the 110th General Assembly, separately, to adjourn for a period in excess of three (3) consecutive days
SCR 55
Author(s): Clark
Sponsor(s): Keeler; Marendt
Congratulating Matthew Kirby, a student at Brebeuf Jesuit Preparatory School, for being one of Indiana's top high school volunteers
SCR 56
Author(s): Meeks
Sponsor(s): Sturtz
Honoring Sergeant Richard Dinehart, Public Information Officer of the Indiana State Police, Fort Wayne Post for being selected to receive a 1997 KOSSS Award
SCR 57
Author(s): Nugent; Lewis
Sponsor(s): Duncan; Bischoff
Encouraging the Indiana Department of Transportation to support Phase I of the Highway 101 project beginning off the Markland Dam in Switzerland County to a point connecting to State Highway 250
SCR 58
Author(s): Alexa
Sponsor(s): Cook; Budak; Ruppel
Congratulating John Glenn High School's Spell Bowl Team and its coach, Paul Hernandez, for their commitment to excellence
SCR 59
Author(s): Clark; Miller; Merritt; Breaux; Howard
Sponsor(s): Crawford; Mannweiler
Memorializing the life, the basketball pageantry and the citizenship of Roger William Brown
SCR 60
Author(s): Merritt
Sponsor(s): Richardson
Expressing gratitude to the Junior League of Indianapolis for providing 75 years of volunteer service to the community
SCR 62
Author(s): Jackman
Sponsor(s): Buell; Grubb
To create an interim study committee to examine the issues of domesticated animals and the uniformity of local municipality regulation
SCR 64
Author(s): Weatherwax
Sponsor(s): McClain
Honoring the 1996 Logansport High School Berries for reaching the state finals in high school baseball
SCR 65
Author(s): Waterman
Sponsor(s): Gregg
Congratulating the Union High School Bulldogs for an outstanding season in boys high school basketball
SCR 67
Author(s): Wheeler; Lewis
Sponsor(s): Kruzan; Grubb; Crawford; Dickinson; Davis; Webber
Recognizing the participants serving as pages in the 110th General Assembly on Teens With Diabetes Day
SCR 69
Author(s): Paul
Sponsor(s): Saunders
Memorializing the life of Robert F. "Bob" Beeson who passed away on December 17, 1996
SCR 70
Author(s): Rogers
Sponsor(s): V. Smith
Memorializing the life and good works of American Federation of Teachers' President Albert Shanker
SCR 72
Author(s): Harrison; Borst; Johnson
Sponsor(s): Buck; Heeke
Memorializing Robert Lee Nash, former member of the Indiana Senate
SCR 73
Author(s): Paul
Sponsor(s): Bodiker
Honoring Richard 'Dick' Baumgartner on his induction into the Indiana Basketball Hall of Fame
SCR 74
Author(s): Paul
Sponsor(s): Bodiker
Honoring George Griffith on his induction into the Indiana Basketball Hall of Fame
SCR 75
Author(s): Paul
Sponsor(s): Bodiker
Honoring John Cate on his induction into the Indiana Basketball Hall of Fame
SCR 77
Author(s): Craycraft; Ford
Sponsor(s): Munson; T. Adams; Liggett; Saunders
Recognizing and congratulating Delta High School and its 1996-97 Varsity boys' basketball team
SCR 78
Author(s): Craycraft; Ford; Meeks
Sponsor(s): Munson; T. Adams; Liggett; Saunders
Honoring, recognizing and congratulating Billy Lynch for winning the 1997 Indiana High School Athletic Association's Arthur L. Trester Award for mental attitude in boy's basketball
SCR 79
Author(s): Paul
Sponsor(s): Bodiker
To memorialize the life of Jack W. Bohlander who passed away February 25, 1997
SCR 81
Author(s): Clark; Lubbers; Miller
Sponsor(s): Keeler; Mannweiler; Marendt; M. Young
Honoring Richard L. Cunningham for his years of public service
SCR 82
Author(s): Miller
Sponsor(s): T. Brown
Honoring Bishop Woodie W. White on his selection as President of the Council of Bishops of the United Methodist Church
SCR 84
Author(s): Breaux, Craycraft; Howard; Paul; R. Young
Sponsor(s): Summers
Recognizing the 50th Anniversary of Jackie Robinson's debut in Major League Baseball and memorializing his pioneering contribution to American society
SCR 85
Author(s): Wheeler; Harrison; R. Young; Lewis
Sponsor(s): Gregg; Dobis; Mannweiler; Bosma
Recognizing and honoring Director General Roy Y.Y. Wu.
SCR 86
Author(s): Sipes
Sponsor(s): Cochran
Recognizing and honoring Sarah Frantz, a hero who saved a woman from drowning in the Ohio River
SCR 88
Author(s): Alexa
Sponsor(s): Ayres; Wilson
Recognizing and honoring Stacey A. Atwood, a teacher in the East Porter County School Corporation upon her selection as the winner of a 1997 Christa McAuliffe Fellowship Award
SCR 90
Author(s): Riegsecker
Sponsor(s): Cook; Warner
To urge the Surface Transportation Board to approve CSX Corporation and Norfolk Southern's joint application to acquire and divide Conrail's routes and assets
SCR 91
Author(s): Lewis
Sponsor(s): Heeke
Recognizing and congratulating Jay R. Parks upon his selection as a 1997 National Merit Scholarship finalist
SCR 92
Author(s): Lewis
Sponsor(s): Bailey
Recognizing and congratulating Scottsburg High School Senior Evan Meyer upon his selection and service as a page in the United States Senate
SCR 95
Author(s): Lubbers
Sponsor(s): Whetstone
Honoring and recognizing Indiana Direct Care Staff
SCR 96
Author(s): Miller
Sponsor(s): Buell; Murphy
Honoring Warren Central High School on winning their second consecutive IHSAA state boys track title
SCR 97
Author(s): Miller
Sponsor(s): Buell; Murphy
Honoring Mark Haab on the occasion of his selection as journalism adviser of the year by the Indiana High School Press Association
SCR 98
Author(s): Miller
Sponsor(s): Buell; Murphy
Congratulating Robert Albano on being named the 1996 State Principal of the Year for the state of Indiana by the National Association of Secondary School Principals and MetLife
SCR 99
Author(s): Randolph; Rogers
Sponsor(s): C. Brown; V. Smith
Recognizing and honoring Cleo Wesson for outstanding community service in Gary, Indiana
SCR 100
Author(s): Breaux; Lubbers
Sponsor(s): Dickinson
Honoring Cathedral High School's Fighting Irish upon completion of its outstanding 14-0 football season and upon winning the 1996 4A Football State Championship
SCR 103
Author(s): Zakas; Washington
Sponsor(s): [Sponsor not listed]
Honoring Cindy Daws for her accomplishments in collegiate soccer
SCR 104
Author(s): Zakas; Washington; Adams
Sponsor(s): Bauer; Fry
Congratulating Bethel College on winning their second National Association of Intercollegiate Athletics Basketball Championship
SCR 105
Author(s): Lewis
Sponsor(s): Bischoff; Heeke
Memorializing the life of Mary Aikins Currie and her contributions to Indiana
SCR 107
Author(s): Craycraft
Sponsor(s): Liggett; T. Adams; Munson
Honoring Poet Joseph Wayne Haynes for his fight against illiteracy
SCR 108
Author(s): Hellmann; Meeks; Craycraft; Paul; Nugent; Server; Sipes
Sponsor(s): Kruzan; Mannweiler
Honoring Robert Neal Margraf, lobbyist for ISTA, upon his retirement
SCR 109
Author(s): Meeks; Landske; Gard; Nugent; Wyss
Sponsor(s): Tincher
Memorializing the death of Indiana State Trooper Andrew P. Winzenread
CITATIONS AFFECTED
IC 1-1 HB 1700
IC 2-3.5 SB 346
IC 2-5-24 HB 1277
IC 2-6-1.5-0.5 HB 1404
IC 2-6-1.5-4 HB 1520
IC 2-6-1.5-5 HB 1404
IC 3-6 HB 1275
IC 3-8 HB 1072
IC 4-4 HB 1689, SB 278
IC 4-4-3.2-3 HB 1712
IC 4-4-3.4-3 HB 1712
IC 4-6 HB 1815
IC 4-10-19-8 HB 2016
IC 4-13 SB 178
IC 4-13.4 SB 178, SB 472
IC 4-13.6 SB 472
IC 4-20.5 SB 472
IC 4-21.5-4-5 HB 1096
IC 4-22 HB 2013
IC 4-23 HB 1358
IC 4-23-7-5.3 SB 498
IC 4-23-7.2-8 SB 226
IC 4-23-7.2-11 SB 226
IC 4-31 HB 1925
IC 4-33 HB 2013
IC 5-1 HB 1826
IC 5-2 SB 144, SB 168
IC 5-7 HB 1874
IC 5-10 HB 1036, SB 327
IC 5-10-8-7 SB 465
IC 5-10-8-9 HB 1400
IC 5-10.2 HB 1584, HB 1734, SB 346
IC 5-10.3 SB 346
IC 5-11-10 HB 1339
IC 5-13 SB 9
IC 5-15 SB 10
IC 5-16 HB 1067
IC 5-17 SB 472
IC 5-22 SB 467
IC 5-22-6.5 SB 472
IC 5-22-10-18 SB 472
IC 6-1.1 HB 1487, HB 1536, SB 18
IC 6-3-2-2 SB 170
IC 6-3-2-2.7 SB 170
IC 6-3-4-1 SB 170
IC 6-3.1 HB 1570
IC 6-4.1 HB 1536
IC 6-6 HB 1177, HB 1785
IC 6-6-10-7 HB 1811
IC 6-9 HB 1177, SB 200
IC 7.1-3 HB 1949, SB 179
IC 7.1-3-1 SB 32 IC 7.1-3-1-25 HB 1109
IC 7.1-3-2-9 SB 95
IC 7.1-3-3-5 SB 95
IC 7.1-3-4-2 HB 1969
IC 7.1-3-13-3 HB 1504
IC 7.1-3-20-13.5 SB 414
IC 7.1-5-5-11 SB 95
IC 7.1-5-9-2 SB 95
IC 8-1 HB 1714
IC 8-1-2-103 HB 1344
IC 8-1-2.7 HB 1344
IC 8-1-2.7-1 HB 1344
IC 8-1.5-4-14 HB 1344
IC 8-2.1 HB 1103, HB 1846
IC 8-3 HB 1264
IC 8-6 HB 1264
IC 8-10-5-5 HB 1555
IC 8-22 HB 1206
IC 9-13 HB 1079, HB 1265, HB 1925, HB 1929
IC 9-17-2-6 HB 1636
IC 9-18 HB 1232, HB 1929
IC 9-18-2-49 HB 2014
IC 9-18-26-5 HB 1636
IC 9-20 HB 1929
IC 9-21 HB 1846
IC 9-22 HB 1079
IC 9-23 HB 1045
IC 9-23-2-7 HB 1257
IC 9-24 HB 1265, HB 1925, HB 1929
IC 9-25-8-2 SB 305
IC 9-29 HB 1079, HB 1929
IC 9-30 HB 1925, SB 485
IC 10-1 HB 1865, SB 327
IC 10-1-1-4 HB 1845
IC 10-4-1-23 HB 1811
IC 11-12 HB 2010, SB 298
IC 12-7 HB 1081, HB 1300, HB 1498, SB 66
IC 12-8 HB 1273
IC 12-10 HB 1223, HB 1273, HB 1300, HB 1630
IC 12-11 HB 1081, HB 1273, SB 316
IC 12-13 HB 1710
IC 12-15 HB 1273
IC 12-17.4 HB 1255
IC 12-21 HB 1498
IC 12-22 HB 1498
IC 12-23 SB 404
IC 12-24 SB 66
IC 12-28 HB 1498 IC 12-29 HB 1498
IC 13-11-2 HB 1339, HB 1730, HB 1915, SB 319, SB 478
IC 13-11-2-215.1, SECTION 23 HB 1541
IC 13-12-5 SB 319
IC 13-14-9 SB 297
IC 13-16-1-6 HB 1339
IC 13-17 HB 1714
IC 13-18-6 HB 1730
IC 13-18-10 HB 1915
IC 13-19-3-7 HB 1541
IC 13-20-14 SB 169
IC 13-20-22 HB 1339
IC 13-21 HB 1339
IC 13-22-2 HB 1339, SB 478
IC 13-22-3-4 HB 1339, SB 478
IC 13-22-10-5 HB 1339
IC 13-22-11-1 HB 1339, SB 478
IC 13-22-11.5 HB 1339
IC 13-22-11.5-2 SB 478
IC 13-27-2 SB 319
IC 13-27-7-2 SB 319
IC 13-27.5 SB 319
IC 14-8 HB 1433
IC 14-8-2 SB 41
IC 14-8-2-195 SB 215
IC 14-9-9 SB 41
IC 14-15 HB 1925
IC 14-19 HB 1433
IC 14-21 HB 1536
IC 14-21-1 SB 80
IC 14-22 HB 1796
IC 14-22-10-2 SB 215
IC 14-22-33 HB 1218
IC 14-30-1 HB 1041
IC 14-30-2 HB 1934
IC 14-33-16-1 SB 217
IC 15-2.1-6 HB 1096
IC 15-3-3 HB 1915
IC 16-18 HB 1185, HB 1700
IC 16-19 HB 1232, SB 13
IC 16-21 SB 144, SB 207
IC 16-22 HB 1826
IC 16-27 HB 1051
IC 16-34 HB 1185
IC 16-36 HB 1498, SB 309
IC 16-39 HB 1498, HB 1700
IC 16-41 SB 66
IC 16-41-16-8 SB 478
IC 16-42-18-1 HB 1339, SB 478
IC 16-44 HB 1102
IC 16-46-6-13 HB 1298 IC 20-4 SB 50
IC 20-6.1 HB 1611
IC 20-9.1 SB 417
IC 20-10.1 HB 1044
IC 20-10.1-16-6 HB 1723
IC 20-10.1-29 SB 111
IC 20-12-21.7-8 HB 1015
IC 21-6.1 HB 1820, SB 346
IC 22-4 SB 405
IC 22-9 HB 1182
IC 22-10 HB 1345
IC 23-1.5 HB 1874
IC 23-2 HB 1875
IC 23-4 HB 1874
IC 23-5 HB 1874
IC 23-14 HB 1536
IC 23-14-26-3.5 HB 1202
IC 23-18 HB 1874
IC 24-4-9-11 SB 228
IC 24-4-9-23 SB 228
IC 24-4.5 HB 1758
IC 24-4.6-3 SB 483
IC 24-5 HB 1815, SB 74, SB 271
IC 24-7 HB 1758
IC 25-1 SB 74, SB 309
IC 25-1-2-6 HB 1915
IC 25-2.1 HB 1998
IC 25-10 HB 1678
IC 25-15 HB 1536
IC 25-20.5 SB 74
IC 25-22.5 HB 1402, SB 13
IC 25-26 HB 1087
IC 26-1 HB 1874
IC 26-3-7 HB 1915
IC 26-4-1-3 HB 1915
IC 27-1 HB 1241, HB 1325
IC 27-1-12 SB 457
IC 27-1-13-3 SB 457
IC 27-1-21-1 SB 457
IC 27-1-33-7 SB 457
IC 27-2-9-3 HB 1325, SB 457
IC 27-8 HB 1400, HB 1684, SB 184
IC 27-8-5.6-2 SB 225
IC 27-13 HB 1400, HB 1663, HB 1684
IC 28-1 HB 1241, HB 1619, HB 1655, HB 1758
IC 28-4 HB 1619
IC 28-5 HB 1655
IC 28-6.1 HB 1241, HB 1655
IC 28-7 HB 1241, HB 1758
IC 28-8 HB 1758
IC 28-15 HB 1619 IC 30-2 HB 1536, SB 124
IC 31-1 HB 1092
IC 31-6 HB 1807
IC 32-8-1-2 HB 1139
IC 32-9 HB 1968
IC 33-5 SB 281
IC 33-10.1 HB 1072
IC 33-13 HB 1584, SB 346, SB 404
IC 33-14 SB 346
IC 33-16 HB 1874
IC 33-19 HB 1057, SB 115, SB 404
IC 34-1-52-2 HB 1728
IC 34-1-70 HB 1814
IC 34-4 HB 1196
IC 34-4-31-1 HB 1059
IC 35-33 HB 1925
IC 35-38-1-8 HB 2010
IC 35-38-2.5-8 HB 2010
IC 35-41-1-18.3 HB 1084
IC 35-41-1-25 HB 1160
IC 35-42 SB 13, SB 168
IC 35-42-1 HB 1160
IC 35-42-2-1 SB 39
IC 35-43 HB 1671
IC 35-44-2-3 HB 1230
IC 35-45 HB 1536
IC 35-45-14 SB 265
IC 35-46 HB 1671, SB 168
IC 35-46-5-1 SB 61
IC 35-46-6-3 SB 500
IC 35-50 SB 130
IC 35-50-2-2 SB 131
IC 35-50-2-9 HB 1160
IC 36-2 HB 1536
IC 36-2-5-5 HB 1468
IC 36-2-6-8 HB 1468
IC 36-2-7-13 HB 1021
IC 36-4 HB 1109, HB 1700
IC 36-4-3-4.1 SB 140
IC 36-6-8-10 HB 1468
IC 36-7 HB 1322, HB 1686
IC 36-7-4-207 HB 1085
IC 36-7-11 SB 268
IC 36-8 HB 1150, HB 1361, HB 1387, HB 1584, HB 2008, SB 327, SB 346
IC 36-8-10 SB 396
IC 36-9 HB 1117, HB 1711
IC 36-10 SB 9
IC 36-10-3-9 HB 1434
Noncode HB 1036, HB 1041, HB 1092, HB 1141, HB 1206, HB 1264, HB 1273, HB 1301, HB 1361, HB 1364, HB 1584, HB 1587, HB 1611, HB 1619, HB 1630, HB 1686, HB 1811, HB 1874, HB 1929, SB 74, SB 75, SB 80, SB 115, SB 135, SB 139, SB 184, SB 224, SB 225, SB 271, SB 278, SB 317, SB 327, SB 346, SB 404, SB 405, SB 427
P.L.123-1996 HB 1541
P.L.172-1994 SB 194
Administrative Law SB 467 (Interstate jobs protection compact), HB 1689 (Indiana tourism council), 1992 (administrative orders)
Aging and Disabilities SB 76 (extend family and social services), 224 (evaluation committee), 316 (family support council), 317 (task force), HB 1081 (Autism), 1223 (preadmission screening program), 1273 (medicaid waivers), 1300 (Alzheimer's special care), 1597 (asset disregard), 1630 (assisted living facilities), 1921 (DDARS services)
Agriculture and Animals HB 1096 (biting animals), 1712 (commissioner of agriculture)
Alcoholic Beverages SB 32 (permit applications), 95 (Beer storage and delivery), 179 (sales in Monroe County), 278 (Licensees and urban enterprise zone), 414 (Tennis club permits), HB 1504 (Defines brandy), 1949 (Dealers' permits), 1969 (Elective office for ABC permittees)
Bonding
& Econ. Development SB 148 (Energy cost savings contracts), 418 (Reuse area bonding), HB 1166 (Transportation finance authority), 1177 (Marion County), 1206 (Airport development zone), 1570 (neighborhood assistance)
Business Associations HB 1536 (revises the cemetery law), 1875 (securities law)
Children SB 76 (extend family and social services), 224 (evaluation committee), 372 (infant mortality), 400 (coordination of child services), HB 1255 (foster parents)
Civil Procedure HB 1059 (Parental liability for damages), 1196 (Roller skating rink liability), 1661 (school nurses), 1678 (testimony of chiropractors), 1728 (nuisance actions), 1815 (Drug dealer liability)
Civil Rights HB 1182 (civil rights complaints), 1710 (social status of black males)
Commercial Law SB 173 (Uniform bulks sales law)
Constitution SJ 3 (residence of state officers), SJ 10 (voting rights)
Corrections SB 298 (community corrections boards), HB 2010 (community corrections)
Courts
& Court Officers SB 115 (appropriation for court fees), 281 (Allen superior court), 404 (drug programs), HB 1057 (Jury fees), 1072 (city and town court judges), 1677 (Legal education and services)
Criminal Law
& Procedures SB 13 (tattooing a minor), 39 (battery against jail employees), 61 (fetal tissue sales), 130 (consecutive sentencing), 131 (Nonsuspendible sentences), 144 (sex offenders and sex victims), 168 (protective orders), 244 (Defenses in criminal actions), 244 (Effects of battery), 265 (Unlawful solicitation of clients ), 347 (controlled substances), 500 (nitrous oxide), HB 1084 (machine guns), 1160 (loss of a fetus), 1230 (impersonation of a public servant), 1476 (public indecency and voyeurism), 1669 (Sale and transfer of handguns), 1671 (Law enforcement animals), 1925 (Evidence of intoxication), 2010 (community corrections)
Education SB 50 (school reorganization), 80 (state university buildings), 111 (access to student information), 178 (Surplus computer hardware), 375 (Tax credit for computer donations), HB 1006 (criminal background checks), 1015 (minority teachers' scholarships), 1044 (Obsolete textbooks), 1363 (twenty-first century scholars), 1587 (University of Evansville land), 1611 (Teacher licensing), 1661 (school corporations), 1723 (Proficiency statements)
Elections SJ 10 (voting rights), HB 1275 (precinct election officer), 1844 (Campaign finance, other revisions), 1845 (State police holding elected office)
Environment SB 169 (waste tires), 206 (air pollution permits), 297 (environmental rulemaking), 319 (clean manufacturing ), 340 (wastewater and drinking water loans), 359 (storage tanks and remediation), 360 (environmental remediation), 478 (hazardous and infectious waste), HB 1181 (Lead hazard prevention), 1251 (recreation and land management), 1301 (open burning), 1339 (various solid waste matters), 1541 (foundry sand and special waste), 1730 (various environmental matters), 1915 (various agricultural matters), 1917 (regional districts), 1992 (various environmental matters)
Family
& Juvenile Law SB 5 (recodification/companion bill), 5 (Recodification companion act), 8 (recodification), 400 (coordination of child services), HB 1092 (Mediation in dissolution actions), 1265 (Same Sex Marriage), 1589 (adoption), 1807 (Paternity and visitation)
Finance SB 9 (Investment practices)
Financial Institutions SB 9 (Public investments), 10 (Optical imaging), 173 (Uniform bulk sales law), HB 1241 (life insurance), 1619 (savings associations), 1655 (same powers as national banks), 1758 (consumer credit), 1775 (Various matters)
Gaming HB 1406 (gaming deposits), 2013 (emergency rulemaking power)
General Assembly SB 139 (Northwest rail study commission), 194 (commission expiration), HB 1404 (legislative document distribution), 1520 (Indiana Code distribution)
General Provisions SB 5 (family/juvenile law recodification), 7 (Technical corrections), 8 (juvenile and family law)
Health SB 13 (tattooing a minor), 66 (smoking in certain buildings), 135 (health care for working poor), 207 (tuberculosis fund administration), 372 (birth certificates), 400 (special institutions), 478 (infectious waste), HB 1051 (home health background checks), 1102 (vapor pressure testing), 1181 (lead hazard prevention), 1185 (abortion), 1223 (preadmission screening program), 1232 (anatomical gifts), 1298 (minority health council), 1300 (Alzheimer's special care), 1597 (certificate of need), 1630 (assisted living facilities), 1661 (school nurses), 1663 (managed health care grievances), 1684 (breast reconstruction coverage), 1700 (medical records), 1826 (county hospitals)
Insurance SB 184 (diabetes coverage), 191 (Ethics education for agents), 225 (coverage of newly born child), 228 (collision damage waiver), 457 (life insurer investments), HB 1241 (life insurance), 1241 (life insurance), 1325 (insurance company procedures), 1364 (coverage for breast reconstruction), 1364 (insurance study committees), 1400 (mental health parity), 1583 (Environmental coverage), 1684 (breast reconstruction coverage)
Labor SB 396 (county police pensions), 405 (workforce development), HB HB 1361 (police & firefighter pensions)
Local Government
Development HB 1045 (Auto dealer zoning), 1085 (area plan commissions), 1117 (liens for unpaid sewer bills), 1171 (Soil, water conservation districts), 1322 (Cicero/Jackson planning commission), 1344 (IURC jurisdiction), 1686 (military base utilities), 1917 (regional districts)
Local Government
General SB 9 (Investment practices), 10 (Optical imaging), 31 (utility land purchases), 140 (Annexation), 163 (intergovernmental relations), 194 (study commission), 238 (regional transportation authorities), 268 (historic preservation commissions), HB 1021 (Drainage board per diem) 1045 (Auto dealer zoning), 1109 (second class cities; annexation), 1150 (police/firefighter residency), 1158 (Public purchasing and contracting), 1166 (State Road 331), 1202 (county cemetery commissions), 1344 (fire hydrant fee), 1370 (public notices), 1406 (revolving loan fund), 1434 (Park boards compensation), 1468 (Local government), 1501 (White County innkeepers' tax), 1536 (revises the cemetery law), 1539 (county auditor duties and immunity ), 1542 (various matters), 1661 (school property), 1845 (State police holding local office), 2016 (local infrastructure fund)
Medicaid SB 76 (extend family and social services), 224 (evaluation committee), 294 (eligibility standards), HB 1081 (autism), 1223 (preadmission screening program), 1273 (medicaid waivers), 1597 (asset disregard)
Mental Health SB 66 (smoking in state institutions), 76 (extend family and social services), 224 (evaluation committee), 309 (informed consent), 404 (drug programs), HB 1400 (insurance parity), 1498 (facilities), 1700 (mental health records)
Military & Veterans SB 111 (access to student information)
Motor Vehicles SB 277 (offenses; financial responsibility), 305 (financial responsibility), 485 (habitual traffic violator), HB 1079 (Abandoned vehicles ), 1103 (Motor carrier regulations), 1223 (Anatomical gifts), 1232 (anatomical gifts), 1257 (Offsite car dealer licenses), 1636 (Titles and dealer plates), 1714 (Vehicle emission testing), 1714 (Vehicle emission testing), 1846 (Oversized vehicles), 1925 (Evidence of intoxication), 1929 (Road Tests and vehicle registration), 2014 (paper license plates)
Natural Resources SB 18 (classified land tax), 41 (local lake patrols), 75 (work group on lake problems), 80 (historic preservation), 215 (liability to recreational user), 217 (conservancy districts), 268 (historic preservation commissions), HB 1041 (Kankakee River Basin Commission), 1171 (commercial fishing and boating), 1218 (fish and wildlife funds), 1277 (water resources study committee), 1345 (coal mining permits and certificate), 1433 (admission to state parks), 1633 (historic preservation), 1669 (Trapping licenses), 1796 (reciprocal agreements), 1934 (Maumee River basin commission)
Pensions SB 327 (survivors' benefits), 346 (public employees and retirement), HB 1036 (Investments and 13th Check), 1387 (pension benefits), 1584 (various pension matters), 1734 (public retirement COLA), 1820 (per diem for TRF board members), 2008 (pension deductions)
Probate & Trusts SB 124 (prepaid funeral services), HB 1284 (various probate matters)
Professions
& Occupations SB 13 (tattooing a minor), 74 (hypnotists), 182 (surveyors), 185 (restricted psychology tests), 347 (complaints), HB 1087 (nonresident pharmacies), 1402 (osteopathic residency), 1961 (Health professions and occupations), 1998 (accountants)
Property & Housing SB 215 (liability to recreational user), 410 (Access by disabled persons), HB 1139 (mortgage/lien releases), 1968 (Interest in unclaimed property)
Public Offices
& Officers SJ 3 (residence of state officers), 148 (Energy cost savings contracts), 178 (Surplus computer hardware), 226 (portraits and historical markers ), 465 (group long term care insurance), 472 (state contracts), 498 (surplus library materials), HB 1021 (Drainage board per diem), 1158 (Public purchasing and contracting), 1358 (arts commission fund), 1400 (Mental health insurance), 1542 (county per diem), 1811 (Emergency activities), 1874 (secretary of state provisions), 1945 (enhanced access/digital signatures)
Public Safety HB 1067 (Parking enforcement by volunteers), 1150 (police/firefighter residency), 1406 (revolving loan fund), 1431 (regulated amusement devices), 1575 (Fire and building safety), 1845 (State police holding elected office), 1865 (public safety trunking system)
Tax, Income SB 170 (Team athlete income), 375 (Credit for computer donations), HB 1425 (individual development accounts), 1570 (neighborhood assistance credits), 1633 (historic preservation), 1777 (property and income tax reduction)
Tax, Other SB 200 (Howard County innkeeper's tax), 234 (uniform county innkeeper's tax), 1177 (Marion County), 1501 (White county innkeepers' tax), 1781 (Various tax matters), 1784 (Various tax matters), 1785 (fuel and aircraft excise taxes), 1829 (sales tax on drug samples)
Tax, Property SB 18 (classified land), HB 1141 (Noncode levy appeal), 1171 (Impact of heritage trust program), 1487 (Collection practices), 1510 (Beech Grove property tax base), 1633 (historic preservation), 1777 (property and income tax reduction) 1783 (Property taxation)
Trade Regulation
& Consumer Law SB 12 (Deceptive commercial solicitations), 74 (doctorate degree), 228 (collision damage waiver), 271 (Directory misrepresentation), 483 (solicitation of money ), HB 1758 (consumer credit), 1814 (Deceptive sales)
Transportation SB 139 (Northwest rail study commission), 417 (inspection of commercial buses), HB 1166 (Transportation finance authority), 1264 (industrial rail service fund), 1555 (Port authority members)
Utilities SB 31 (utility connections), 292 (REMCs), 413 (municipal electric joint agencies), 427 (electric utility deregulation), HB 1117 (liens for unpaid sewer bills), 1117 (Liens for unpaid sewer bills), 1344 (Nonprofit sewers), 1369 (water and sewer deregulation), 1637 (Telecommunications regulation), 1711 (Sewer Fees), 1714 (Water utility fees)
Welfare SB 76 (extend family and social services), 135 (health care for working poor), 224 (evaluation committee), 400 (coordination of child services), 477 (planning councils), HB 1425 (individual development accounts)
THE DAILY SCHEDULE
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