YES:
MR. SPEAKER:
Your Committee on Ways and Means , to which was referred House Bill 1001 ,
has had the same under consideration and begs leave to report the same back to the House with
the recommendation that said bill be amended as follows:
appropriation includes $500,000 for grants for local convention
and visitors bureaus and other local organizations that exist to
promote tourism. The office of tourism shall develop standards for
applications for grants and awarding grants, including a local
match requirement. The maximum amount of a grant is $50,000.
Funds may be released only after review by the budget
committee.".
Page 82, after line 49, begin a new line blocked left and insert:
" Notwithstanding any other provision of this SECTION, the
amounts appropriated to the state universities and state university
programs from the state general fund may not be construed as the
base amount of funding for the universities or programs. The total
amount appropriated from the state general fund and the ARRA
State Fiscal Stabilization Act is considered the base amount of
funding for each university or program.".
Page 88, line 24, delete "$250,000" and insert " $460,000".
Page 95, between lines 20 and 21, begin a new line blocked left and
insert:
" The foregoing appropriation for alternative schools may be used
for the purposes of the dropout prevention program fund
(IC 20-20-37).".
Page 96, line 10, delete "BACKBONE".
Page 96, between lines 12 and 13, begin a new line double block
indented and insert:
" INTERNET BACKBONE".
Page 96, between lines 13 and 14, begin a new line double block
indented and insert:
" I-SPAN PILOT PROJECT
From ARRA Funding For Broadband Programs or
Development
Total Operating Expenses 4,000,000
The budget agency shall apply for the appropriate distance
learning, telemedicine, and broadband or national
telecommunications and information administration broadband
technology opportunities program grants to provide funding for
the above appropriation. If grants are not available in amounts
sufficient to provide funding for the above appropriation, any
other funding under ARRA not otherwise appropriated by this act
may be used to fund the above appropriation. Notwithstanding
IC 4-13-2-19 and any other law, the above appropriation for the
I-SPAN Pilot Project does not revert to the general fund or another
fund at the close of a state fiscal year but remains available in
subsequent state fiscal years for the purposes of the
appropriation.".
Page 117, between lines 40 and 41, begin a new paragraph and
insert:
established by IC 31-25-1-1 or the director's designee.
(3) The department adjutant of the American Legion
Department of Indiana or the department adjutant's designee.
(4) A representative of the Alumni Association of the Indiana
Soldiers' and Sailors' Children's Home, selected by the
Alumni Association of the Indiana Soldiers' and Sailors'
Children's Home.
(5) The Marion County juvenile court judge.
(e) If a legislative member of the task force ceases being a
member of the chamber from which the member was appointed,
the member ceases to be a member of the task force.
(f) A legislative member of the task force may be removed at
any time by the appointing authority who appointed the legislative
member.
(g) If a vacancy exists on the task force, the appointing authority
who appointed the former member whose position has become
vacant shall appoint an individual to fill the vacancy.
Sec. 4. The following voting members shall serve as co-chairs of
the task force:
(1) One (1) member described in section 3(c)(1) of this chapter
appointed by the speaker of the house of representatives.
(2) One (1) member described in section 3(c)(2) of this chapter
appointed by the president pro tempore of the senate.
Sec. 5. Five (5) voting task force members constitute a quorum.
The affirmative votes of at least five (5) voting members of the task
force are necessary for the task force to make recommendations or
adopt a final report.
Sec. 6. (a) Each member of the task force who is not a state
employee is entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). The member is also entitled to reimbursement
for traveling expenses as provided under IC 4-13-1-4 and other
expenses actually incurred in connection with the member's duties
as provided in the state policies and procedures established by the
Indiana department of administration and approved by the budget
agency.
(b) Each member of the task force who is a state employee but
is not a member of the general assembly is entitled to
reimbursement for traveling expenses as provided under
IC 4-13-1-4 and other expenses actually incurred in connection
with the member's duties as provided in the state travel policies
and procedures established by the Indiana department of
administration and approved by the budget agency.
(c) Each member of the task force who is a member of the
general assembly is entitled to receive the same per diem, mileage,
and travel allowances paid to members of the general assembly
serving on interim study committees established by the legislative
council.
Sec. 7. (a) The task force shall do the following:
(1) Evaluate estimated future capital and operating costs
needed to continue to operate the children's home as it was
operated on July 1, 2008.
(2) Review the current fee structure for parents or guardians
of children residing at the children's home.
(3) Evaluate potential management efficiencies that may be
made at the children's home.
(4) Evaluate the feasibility of obtaining federal or private
funds to continue to operate the children's home as it was
operated on July 1, 2008, or under an alternative management
and ownership structure.
(5) Evaluate possible alternative uses for the buildings,
grounds, equipment, and other assets of the children's home,
including possible use as a charter school, a vocational school,
a higher education facility, an alternate facility for a state
agency or a unit of local government, or any other alternative
that the task force considers to be appropriate.
(6) Evaluate the potential to operate the children's home in its
current capacity or in some other capacity under a
public-private agreement.
(7) Evaluate alternatives for education and other services for
the children at the children's home.
(8) Evaluate whether the home should cease operation after
June 30, 2016, or whether it should operate in a different
capacity.
(9) Make specific recommendations regarding the placement
of children if the children's home is closed.
(b) The task force shall hear testimony and receive information
regarding children discharged from the children's home as a result
of the children's home closure in May 2009. The task force may
consult with the American Legion Department of Indiana to
receive information voluntarily provided to the American Legion
Department of Indiana by the parent or guardian of a child
discharged from the children's home as a result of the children's
home's closure in May 2009. The department of child services shall
before July 1 of each year provide the task force with information
on a child discharged from the children's home as a result of the
children's home's closure in May 2009 who is in the custody of the
department of child services, regarding whether the child:
(1) is currently enrolled in school; or
(2) has been arrested or incarcerated.
The department of child services is not required to provide the task
force information pertaining to the child to the extent the
information violates any federal or state confidentiality provisions.
Sec. 8. The task force shall annually report the results of its
study in an electronic format under IC 5-14-6 to the general
assembly before November 1.
Sec. 9. (a) The legislative services agency shall provide staff
support for the task force.
(b) The task force may employ consultants to assist it with its
study with the approval of the legislative council.
Sec. 10. This chapter expires July 1, 2016.".
application if the board approves its accuracy and completeness and
determines that there is a need for the loan and an adequate method of
repayment.
(c) The state board of finance shall determine the terms of each
loan, which must include the following:
(1) The duration of the loan, which must not exceed twelve (12)
years.
(2) The repayment schedule of the loan, which must provide that
no payments are due during the first two (2) years of the loan.
(3) A variable rate of interest to be determined by the board and
adjusted annually. The interest rate must be the greater of:
(A) five percent (5%); or
(B) two-thirds (2/3) of the interest rate for fifty-two (52) week
United States Treasury bills on the anniversary date of the
loan, but not to exceed ten percent (10%).
(4) The amount of the loan or loans, which may not exceed the
maximum amounts established for the entity by this section.
(5) Any other conditions specified by the board.
(d) An entity may borrow money under this section by adoption of
an ordinance or a resolution and, as set forth in IC 5-1-14, may use any
source of revenue to repay a loan under this section. This section
constitutes complete authority for the entity to borrow from the fund.
If an entity described in subsection (i) fails to make any repayments of
a loan, the amount payable shall be withheld by the auditor of state
from any other money payable to the consolidated city. If any other
entity described in this section fails to make any repayments of a loan,
the amount payable shall be withheld by the auditor of state from any
other money payable to the entity. The amount withheld shall be
transferred to the fund to the credit of the entity.
(e) A loan under this section may be made to a city located in a
county having a population of more than twenty-four thousand (24,000)
but less than twenty-five thousand (25,000) for the city's waterworks
facility. The amount of the loan may not exceed one million six
hundred thousand dollars ($1,600,000).
(f) A loan under this section may be made to a city the territory of
which is included in part within the Lake Michigan corridor (as defined
in IC 14-13-3-2) for a marina development project. As a part of its
application under subsection (b), the city must include the following:
corporation must apply for the loan before June 30, 2010.
Notwithstanding subsection (c), repayment of the loan shall be
made in equal installments over five (5) years with the first
installment due not more than six (6) months after the date loan
proceeds are received by the school corporation.
(k) (l) IC 6-1.1-20 does not apply to a loan made by an entity under
this section.
(l) (m) As used in this section, "entity" means a governmental entity
authorized to obtain a loan under subsections (e) through (j). (k).
documents on file in its offices so that they may be inspected by
contractors and members of the public.
(c) The division shall advertise for bids under section 8 of this
chapter. The director shall award a contract under IC 4-13.6-6.
(d) A contractor shall submit under oath a financial statement as a
part of the bid. The director may waive filing of the financial statement.
(e) After bids are opened but before a contract is awarded, the
director may require a contractor to submit a statement of the
contractor's experience, a proposed plan of performing the work, and
a listing of the equipment that is available to the contractor for
performance of the work.
(f) The statements required by this section shall be submitted on
forms approved by the state board of accounts. The forms shall be
based, so far as applicable, on standard questionnaires and financial
statements for contractors used in investigating the qualifications of
contractors on public construction work.
(g) The division shall reject the bid of a contractor if:
(1) the estimated cost of the public works project is one hundred
fifty thousand dollars ($150,000) or more and the contractor is not
qualified under chapter 4 of this article;
(2) the estimated cost of the public works project is less than one
hundred fifty thousand dollars ($150,000) and the director makes
a written determination, based upon information provided under
subsections (d) and (e), that the contractor is not qualified to
perform the public works contract;
(3) the contractor has failed to perform a previous contract with
the state satisfactorily and has submitted the bid during a period
of suspension imposed by the director (the failure of the
contractor to perform a contract satisfactorily must be based upon
a written determination by the director);
(4) the contractor has not complied with a rule adopted under this
article and the rule specifies that failure to comply with it is a
ground for rejection of a bid; or
(5) the contractor has not complied with any requirement under
section 2.5 of this chapter.
(h) The division shall keep a record of all bids. The state board of
accounts shall approve the form of this record, and the record must
include at least the following information:
employees or their spouses not covered by this section and may provide
group health insurance that contains provisions more favorable to
retired employees and their spouses than required by this section. A
public employer may provide group health insurance to an employee
who is on leave without pay for a longer period than required by
subsection (h).
(j) An employer may elect to permit former employees and their
spouses, including surviving spouses, to continue to participate in a
group health insurance program under this chapter after the former
employee (who is otherwise qualified under this chapter to participate
in a group insurance program) or spouse has become eligible for
Medicare coverage as prescribed by 42 U.S.C. 1395 et seq. An
employer who makes an election under this section may require a
person who continues coverage under this subsection to participate in
a retiree health benefit plan developed under section 8.3 of this chapter.
(k) The state shall provide a group health insurance program to each
retired employee:
(1) who was employed as a teacher in a state institution under:
(A) IC 11-10-5;
(B) IC 12-24-3;
(C) IC 16-33-3;
(D) IC 16-33-4 (before its repeal);
(E) IC 20-21-2-1; or
(F) IC 20-22-2-1; or
(G) IC 20-22.5-2;
(2) who is at least fifty-five (55) years of age on or before the
employee's retirement date;
(3) who is not eligible for Medicare coverage as prescribed by 42
U.S.C. 1395 et seq.; and
(4) who:
(A) has at least fifteen (15) years of service credit as a
participant in the retirement fund of which the employee is a
member on or before the employee's retirement date; or
(B) completes at least ten (10) years of service credit as a
participant in the retirement fund of which the employee is a
member immediately before the employee's retirement.
(l) The president pro tempore of the senate and the speaker of the
house of representatives may not elect to pay any part of the premium
for insurance coverage under this chapter for a former member of the
general assembly or the spouse of a former member of the general
assembly whose last day of service as a member of the general
assembly is after July 31, 2007.".
guarantee or direct loan upon reasonable terms;
would tend to accomplish the purposes of this section, including the
creation or retention of employment in Indiana through the
guarantee of a loan or the making of a direct loan.
(d) Loan guarantees or direct loans made under this section are
subject to the following conditions:
(1) The principal amount of all loan guarantees and direct
loans may not exceed:
(A) a combined total of forty-eight million dollars
($48,000,000) for all suppliers, contractors, or
subcontractors;
(B) nine million eight hundred thousand dollars
($9,800,000) to a particular supplier, contractor, or
subcontractor; and
(C) four million two hundred thousand dollars ($4,200,000)
to a county having a population of more than sixteen
thousand (16,000) but less than sixteen thousand seven
hundred (16,700).
(2) With respect to any loan guarantee or direct loan made
under this section, an agreement with the board must contain
the following terms:
(A) A requirement that the proceeds under a loan being
guaranteed or direct loan proceeds be used for specified
purposes consistent with and in furtherance of the
purposes of the corporation under this section.
(B) The term of the guarantee or loan, which may not be
later than three (3) years from the date of the loan.
(C) The repayment schedule for a direct loan.
(D) The interest rate or rates of the direct loan, which may
include variations in the rate, but which may not be less
than the amount necessary to cover all expenses of the
board in making the loan.
(E) Any other terms and provisions that the board or the
authority requires.
(3) An agreement under this section may also contain a
requirement that the loan be insured directly or indirectly by
a loan insurer or be guaranteed by a loan guarantor, and a
requirement of any other type or types of security or
collateral that the authority and board consider reasonable or
necessary.
(4) A loan guarantee or a direct loan made under this section
may be sold by the board, and the board may permit other
lenders to participate in a loan made under this section, at the
time or times and upon the terms and conditions that the
board considers reasonable or necessary. A loan sold or in
which other lenders participate may be guaranteed by the
board, upon terms and conditions established by the board.
(5) The loan guarantee or direct loan by the board for
depositories must be recommended by the authority upon the
authority's determination and certification to the board for
depositories:
(A) that the loan guarantee or direct loan will be for a
supplier, contractor, or subcontractor or the county for a
redevelopment project described in this section; and
(B) that the loan guarantee or direct loan is necessary for
a redevelopment project described in this section to be
eventually completed.
(6) Banks and financial institutions designated as eligible to
receive public funds by the board for depositories shall be
given a preference to provide the loan or other form of
commercial financing to be guaranteed under this section, if
such banks or financial institutions can provide terms and
conditions for the loan that are substantially similar to and no
more costly than the terms and conditions available to a
leading Indiana business from other banks or commercial
lending institutions.
(7) The board shall determine the guarantee premium to be
received by the public deposit insurance fund for a loan
guarantee. The guarantee premium shall be determined at the
market rate then in effect for guarantees, mortgage insurance
rates, or letters of credit used for similar purposes.
(e) Members of the board for depositories and any officers or
employees of the board for depositories are not subject to personal
liability or accountability for or by reason of a loan guarantee
made under this section.
(f) This section constitutes all the authority required for the
board for depositories to make a loan guarantee under this section.
This section is in addition and not in limitation of the board's other
powers under this chapter.
(g) Any claim, loss, or debt arising out of any joint guarantee
under this section is the obligation of the board for depositories or
the authority, payable out of the public deposit insurance fund or
a fund administered by the authority, as special funds only and as
provided in this section, and does not constitute a debt, liability, or
obligation of the state or a pledge of the faith and credit of the
state. The document evidencing any guarantee must have on its
face the words, "The obligations created by this guarantee (or
other document as appropriate) do not constitute a debt, liability,
or obligation of the state or a pledge of the faith and credit of the
state, but are obligations of the Board for Depositories or the
Indiana Finance Authority and are payable solely out of the funds
provided therefor, as special funds, and neither the faith and credit
nor the taxing power of the state is pledged to the payment of any
obligation hereunder.".
(f) This section expires December 31, 2015.".
that expired after November 30, 2008, or is scheduled to
expire before September 1, 2009; or
(2) at least thirty (30) days before the expiration date of the
enterprise zone, in the case of an enterprise zone scheduled to
expire after August 31, 2009.
If an enterprise zone is renewed under this subsection after having
been renewed under subsection (d), the enterprise zone may not be
renewed after the expiration of this final five (5) year period.
(c) The two (2) year period immediately before the day on which the
enterprise zone expires is the phaseout period. During the phaseout
period, the board may review the success of the enterprise zone based
on the following criteria and may, with the consent of the budget
committee, renew the enterprise zone, including all provisions of this
chapter, for five (5) years:
(1) Increases in capital investment in the zone.
(2) Retention of jobs and creation of jobs in the zone.
(3) Increases in employment opportunities for residents of the
zone.
(b) (d) If an enterprise zone is renewed under subsection (a), the two
(2) year period immediately before the day on which the enterprise
zone expires is another phaseout period. During the phaseout period,
the board may review the success of the enterprise zone based on the
criteria set forth in subsection (a) and, with the consent of the budget
committee, may again renew the enterprise zone, including all
provisions of this chapter, for a final period of five (5) years. The zone
may not be renewed after the expiration of this final five (5) year
period.".
business.
(b) The term includes:
(1) items that qualify as inventory under 50 IAC 4.2-5-1 (as
effective December 31, 2008); and
(2) subject to subsection (c), a mobile home that:
(A) does not qualify as real property;
(B) is located in a mobile home community;
(C) is unoccupied; and
(D) is:
(i) owned and held for sale by the owner of the mobile
home community; or
(ii) owned by a person other than the owner of the
mobile home community and held for sale by the owner
of the mobile home.
(c) Subsection (b)(2) applies regardless of whether the mobile
home that is held for sale is new or was previously owned.".
body of the eligible taxing unit, may apply to the board for an
interest free loan from the counter-cyclical revenue and economic
stabilization fund.
Sec. 5. Subject to this chapter, the board, after review by the
budget committee, shall determine the terms of any loan made
under this chapter.
Sec. 6. Interest may be imposed on the loan at a rate determined
by the board.
Sec. 7. The total amount of all loans under this chapter for all
calendar years may not exceed the least of the following:
(1) The amount requested by the eligible taxing units.
(2) The amount of revenue that the board determines has not
been collected from property taxes in 2008 and 2009 on the
date of the loan.
(3) Thirty-six million dollars ($36,000,000).
Sec. 8. An eligible taxing unit receiving a loan under this chapter
must repay the loan within seventy-two (72) months after the date
on which the loan is made. No penalty may be imposed for
repaying a loan before the term of the loan.
Sec. 9. The board may disburse in installments the proceeds of
a loan made under this chapter.
Sec. 10. An eligible taxing unit may repay a loan made under
this chapter from any sources of revenue.
Sec. 11. The obligation to repay a loan made under this chapter
is not a basis for an eligible taxing unit to obtain an excessive tax
levy under IC 6-1.1-19.
Sec. 12. Whenever the board receives a payment on a loan made
under this chapter, the board shall deposit the amount paid in the
counter-cyclical revenue and economic stabilization fund.
Sec. 13. The proceeds of a loan received by an eligible taxing
unit under this chapter are not considered to be part of the ad
valorem property tax levy actually collected by the eligible taxing
unit for taxes first due and payable during a particular calendar
year for the purpose of calculating levy excess.
Sec. 14. The notes and the authorization, issuance, sale, and
delivery of the notes are not subject to any general statute
concerning obligations issued by the local governmental entity
borrower. This chapter contains full and complete authority for
the making of the loan, the authorization, issuance, sale, and
delivery of the notes, and the repayment of the loan by the
borrower, and no law, procedure, proceedings, publications,
notices, consents, approvals, orders, or acts by any officer,
department, agency, or instrument of the state or of any political
subdivision is required to make the loan, issue the notes, or repay
the loan except as prescribed in this chapter.
Sec. 15. Upon the failure of an eligible taxing unit to make any
of the eligible taxing unit's payments on a loan granted under this
chapter when due, the treasurer of state, upon being notified of the
failure by the board, may pay the unpaid amount that is due from
the funds held by the state that would be otherwise distributable to
the taxing unit.
the terms of a loan all loans made under this chapter, subject to the
following:
(1) The board may not charge interest on the loan.
(2) The loan must be repaid not later than ten (10) years after the
date on which the loan was made.
(3) The terms of the loan must allow for prepayment of the loan
without penalty.
(4) The maximum amount of the loan that a qualifying taxing unit
may receive with respect to a default described in section 1(c)(3)
of this chapter on one (1) or more payments of property taxes first
due and payable in a calendar year is the amount, as determined
by the board, of revenue shortfall for the qualifying taxing unit
that results from the default for that calendar year.
(5) The total amount of all loans under this chapter for all
calendar years may not exceed:
(A) thirteen million dollars ($13,000,000) related to a default
of a taxpayer that manufactures microelectronics as part
of its business but does not manufacture motor vehicles;
and
(B) thirty-four million dollars ($34,000,000) related to a
default of a taxpayer that manufactures motor vehicles as
part of its business.
(b) The board may disburse in installments the proceeds of a loan
made under this chapter.
(c) A qualified taxing unit may repay a loan made under this chapter
from any of the following:
(1) Property tax revenues of the qualified taxing unit that are
subject to the levy limitations imposed by IC 6-1.1-18.5 or (before
January 1, 2009) IC 6-1.1-19.
(2) Property tax revenues of the qualified taxing unit that are not
subject to levy limitations as provided in IC 6-1.1-18.5-21 or
(before January 1, 2009) IC 6-1.1-19-13.
(3) The qualified taxing unit's debt service fund.
(4) Any other source of revenues (other than property taxes) that
is legally available to the qualified taxing unit.
The payment of any installment on a loan made under this chapter
constitutes a first charge against the property tax revenues described in
subdivision (1) or (2) that are collected by the qualified taxing unit
during the calendar year the installment is due and payable.
(d) The obligation to repay a loan made under this chapter is not a
basis for the qualified taxing unit to obtain an excessive tax levy under
IC 6-1.1-18.5 or (before January 1, 2009) IC 6-1.1-19.
(e) Whenever the board receives a payment on a loan made under
this chapter, the board shall deposit the amount paid in the
counter-cyclical revenue and economic stabilization fund.".
enabling it to be used as a dwelling, and a fifth wheel trailer.
(c) This subsection applies to a transaction that is not subject to
the exemption provided by subsection (f). A transaction involving a
cargo trailer or a recreational vehicle is exempt from the state gross
retail tax if:
(1) the purchaser is a nonresident;
(2) upon receiving delivery of the cargo trailer or recreational
vehicle, the person transports it within thirty (30) days to a
destination outside Indiana;
(3) the cargo trailer or recreational vehicle will be titled or
registered for use in another state or country;
(4) the cargo trailer or recreational vehicle will not be titled or
registered for use in Indiana;
and
(5) the cargo trailer or recreational vehicle will be titled or
registered in a state or country that provides an exemption
from sales, use, or similar taxes imposed on a cargo trailer
or recreational vehicle that is purchased in that state or
country by an Indiana resident and will be titled or
registered in Indiana.
A transaction involving a cargo trailer or recreational vehicle that does
not meet the requirements of subdivision (5) is not exempt from the
state gross retail tax.
(d) This subsection applies only to a transaction that is subject
to the exemption provided by subsection (c). A purchaser must claim
an exemption under this section subsection (c) by submitting to the
retail merchant an affidavit stating the purchaser's intent to:
(1) transport the cargo trailer or recreational vehicle to a
destination outside Indiana within thirty (30) days after delivery;
and
(2) title or register the cargo trailer or recreational vehicle for use
in another state or country.
The department shall prescribe the form of the affidavit, which must
include an affirmation by the purchaser under the penalties for perjury
that the information contained in the affidavit is true. The affidavit
must identify the state or country in which the cargo trailer or
recreational vehicle will be titled or registered.
(e) The department shall provide the information necessary to
determine a purchaser's eligibility for an exemption claimed under this
section to retail merchants in the business of selling cargo trailers or
recreational vehicles.
(e) The gross retail income derived from the sale of a
recreational vehicle is exempt from the state gross retail tax if each
of the following requirements are satisfied:
(1) The recreational vehicle is new and has not been titled or
registered for use in Indiana or any other state or country.
(2) The recreational vehicle was built in Indiana.
(3) The seller of the recreational vehicle is an Indiana licensed
dealer of recreational vehicles.
(4) The purchaser of the recreational vehicle is an Indiana
resident.
(5) The purchaser of the recreational vehicle signs a purchase
agreement and makes a down payment at a recreational
vehicle show that is:
(A) hosted by a nonprofit organization organized under the
laws of Indiana; and
(B) open to the public for not more than five (5)
consecutive days.".
application for a tax credit under section 12 of this chapter; and
(5) commits contractually to relocating its corporate headquarters
to Indiana.".
take one (1) or more of the following actions to assure that only one (1)
electricity supplier shall serve within the existing municipal limits:
(1) The electricity supplier serving a plurality of electric meters
within the municipality on January 1, 1979, may purchase the
electric utility property of any other electricity supplier which is
devoted to retail electric service and is located within the existing
municipal limits, at its then reproduction cost new depreciated
value plus severance damages.
(2) At the option of the electricity supplier serving a plurality of
electric meters within the municipality on January 1, 1979, and
subject to commission approval, the electricity suppliers may
exchange all or part of the electric utility property located outside
of the existing municipal limits for the electric utility property
located within the existing municipal limits.
(3) If the affected electricity suppliers do not agree upon a
purchase or exchange of the electric utility property before
September 1, 1980, the commission shall determine the
appropriate purchase price for the electric utility property
according to subsection (b)(1) of this section. subdivision (1).
(c) On or before July 1, 1981, each electricity supplier in each
county shall exchange with all other electricity suppliers in the county
a map or maps showing all of its existing electric distribution lines in
the county which are relevant to the assignment of service areas outside
existing municipal limits and any other information it considers useful
in determining the boundaries of an assigned service area.
(d) Until otherwise agreed upon between electricity suppliers or
ordered by the commission under section 3(g) of this chapter,
subsection (g), the boundaries of the assigned service area for each
adjacent electricity supplier outside existing municipal limits shall be
set as a line equidistant from its existing electric distribution lines and
the nearest existing electric distribution lines of any other electricity
supplier; the resulting assigned service area outside existing municipal
limits of an electricity supplier will be that area which is closer to the
existing electric distribution lines of a supplier than to the existing
electric distribution lines of any other electricity supplier.
(e) Each electricity supplier shall negotiate with all adjacent
electricity suppliers as soon as practicable in an effort to agree on the
boundaries of the service areas to be assigned.
of the assigned service areas of electricity suppliers may not be
changed except under any one (1) of the following circumstances:
(1) If a municipality which owns and operates an electric utility
system furnishing retail electric service to the public annexes an
area beyond the assigned service area of its municipally owned
electric utility, the municipally owned electric utility may petition
the commission to change the assigned service area of the
municipally owned electric utility to include the annexed area,
according to the following procedures:
(A) The municipally owned electric utility shall file its petition
with the commission not later than sixty (60) days after the
annexation becomes effective. The petition must include a
certified copy of the annexation ordinance, which serves as
conclusive evidence that the area has been lawfully annexed
and is part of the municipality. After the filing of a petition
under this subdivision, the commission shall promptly enter an
order changing the assigned service area facet maps of the
municipally owned electric utility and incumbent electricity
suppliers to include the annexed area within the assigned
service area of the municipally owned electric utility and
giving the right to serve and immediate possession to the
municipally owned electric utility. The commission order is
enforceable in court pending an appeal of that order. An
appellant from a court order enforcing a commission order
under this subdivision is not entitled to a stay of the court
order pending appeal. However, this subdivision does not
apply to incorporations, consolidations, mergers, or
annexations that are under IC 36-4-3-4(a)(3), IC 36-4-3-4(b),
IC 36-4-3-4(h), or IC 36-4-3-4.1 or that are not contiguous
under IC 36-4-3-13(b) or IC 36-4-3-13(c).
(B) Not later than thirty (30) days after filing a petition under
this subdivision, the municipally owned electric utility shall
determine for each affected incumbent electricity supplier and
pay to that supplier an amount not less than the value of all the
electric utility property of the incumbent electricity supplier
that is devoted to furnishing retail electric service within the
additional assigned service area at its then reproduction cost
new depreciated value. In addition, the municipally owned
electric utility shall pay the incumbent electricity supplier
severance damages in an amount equal to:
(i) the value of the incumbent electricity supplier's
distribution and substation facilities dedicated to and located
within the annexed area or relocated by reason of the
annexation or an amount equal to two and one-half (2 1/2)
times the incumbent electricity supplier's gross revenues
from electricity sales in the annexed area during the twelve
(12) month period immediately preceding the date the
annexation ordinance became effective, whichever is
greater; plus
(ii) if additional permanent service locations or service
accounts are established in the annexed area during the five
(5) year period beginning on the effective date of the
annexation ordinance, one-tenth of one cent ($0.001) for
each kilowatt hour of electricity sold to each of those
permanent service locations or service accounts for sales
that occur during a five (5) year period beginning on the
date each service location or service account is established,
up to a maximum of one hundred seventy thousand
(170,000) kilowatt hours per service account or service
location for each monthly billing period.
However, the municipally owned electric utility is not required
to pay severance damages under item (ii) if, at the time each
annual payment otherwise would accrue, it is purchasing all of
its requirements for electric power and energy, except for
generation directly provided by the municipally owned electric
utility or by a customer, from the incumbent electricity
supplier. Severance damages must be paid not later than thirty
(30) days after the end of each calendar year in which
severance damages have accrued. The municipally owned
electric utility and incumbent electricity suppliers shall
cooperate to calculate the amount of any severance damages
and shall furnish to each other all information and records
reasonably necessary for the determination and verification of
severance damages. If the municipally owned electric utility
and incumbent electricity suppliers cannot agree on the
amount of severance damages the municipally owned electric
utility is to pay, the commission shall determine the amount
and order payment in accordance with this clause. Not later
than twenty (20) days after making a payment, the municipally
owned electric utility shall certify to the commission and to
any affected incumbent electricity supplier that it has paid the
amounts required under this clause.
(C) If the municipally owned electric utility fails to make a
payment under clause (B), an affected incumbent electricity
supplier may, not later than sixty (60) days after the payment
is due and after giving the municipally owned electric utility
reasonable notice of and an opportunity to cure the defect, file
with the commission a petition alleging that a payment due
under clause (B) has not been made. If the commission finds
after notice and hearing that any payments owed to the
incumbent electricity supplier have not been timely and fully
paid, the commission shall order the municipally owned
electric utility to pay:
(i) the delinquent payments by a date determined by the
commission;
(ii) accrued interest at the rate set forth in IC 24-4.6-1-102;
and
(iii) the incumbent electricity supplier's costs of filing and
prosecuting a petition under this clause.
If the commission finds against the incumbent electricity
supplier, it shall order the incumbent electricity supplier to pay
the costs incurred by the municipally owned electric utility in
defending against the incumbent electricity supplier's petition.
(D) A certified copy of a final commission order that:
(i) determines and orders the payment of severance damages
under clause (B); or
(ii) orders the payment of delinquent payments, interest, and
costs under clause (C);
may be filed with the clerk of the circuit or superior court of
any county in which part or all of the annexed area is located.
A commission order that is filed in a court under this clause
may be enforced and executed in the same manner as if it were
a final judgment of that court.
(2) Upon mutual agreement of the affected electricity suppliers
and approval of the commission. If notice of a verified request for
a change of boundary lines by mutual agreement under this
subdivision is published in a newspaper of general circulation in
every county in which the boundary lines are located and an
affected electricity customer does not request a hearing within
twenty (20) days of the last date of publication, the commission
may approve the change without a hearing. The commission shall
approve a boundary line change under this subdivision unless the
commission finds, after a public hearing, that the change would
cause:
(A) duplication of electric utility facilities;
(B) waste of materials or resources; or
(C) uneconomic, inefficient, or inadequate electric service to
the public.
(3) In the case where a landowner owns a single tract of land that
is intersected by the boundary lines of two (2) or more assigned
service areas, and retail electric service can best be supplied by
only one (1) electricity supplier, or in the case where a customer
or customers are housed in a single structure or constitute a single
governmental, industrial, or institutional operation, and the
electricity suppliers involved are unable to agree which shall
furnish the electric service, any of the electricity suppliers may
submit the matter to the commission for its determination based
upon public convenience and necessity. If, after notice and
hearing, the commission determines that one (1) or more
electricity suppliers are to supply the required retail electric
service and the boundaries of an assigned service area are to be
changed, the assigned service area maps of the electricity
suppliers shall be changed to reflect the new boundaries.
(4) By order of the commission upon the termination of a lease
agreement between a municipally owned electric utility and
a public utility. If, before January 1, 1979, a municipality that
owns and operates an electric utility system furnishing retail
electric service to the public enters into a lease agreement
with a public utility under which the public utility furnishes
retail electric service to customers of the municipally owned
utility, and, after December 31, 1978, the municipality is
located within the assigned service area of the public utility,
the municipality or the public utility may petition the
commission to change, upon the termination of the lease
agreement, the assigned service area of the public utility to
restore to the municipally owned utility the exclusive right to
furnish retail electric service to the electric customers that are
the subject of the lease agreement. The petition must include
a map showing the boundaries of the area served by the
municipally owned utility immediately before the execution of
the lease agreement. Not more than ninety (90) days after
receiving the petition, and following notice and hearing, the
commission shall enter an order changing the assigned service
area maps of the municipally owned utility and the public
utility to reflect the new boundaries upon the termination of
the lease agreement. Any compensation, including damages,
for property or improvements that are located within the
assigned service area established under this subdivision must
be determined under the terms of the lease agreement
between the municipally owned utility and the public utility.".
IC 20-22.5-2-5.".
by the state superintendent. The superintendent of the children's
home may be removed only by the state superintendent. The
superintendent of the children's home is administratively
responsible to the state superintendent.
(c) Except as provided in subsection (d), the superintendent of
the children's home must meet all the following conditions:
(1) Be a teacher licensed by the state or have at least a
baccalaureate degree from an accredited college or university
in a field related to education or child growth and
development.
(2) Have experience working with children.
(3) At the time of appointment, be a resident and citizen of
Indiana.
(4) Have other qualifications as required by the state
superintendent.
(d) When at least two (2) candidates meet the conditions listed
in subsection (c), the state superintendent shall give preference to
individuals who have been honorably discharged after service in
the armed forces of the United States (as defined in IC 20-22.5-2-1)
in appointing a candidate to the position of superintendent of the
children's home.
Sec. 4. The superintendent of the children's home is entitled to
receive a salary in an amount to be fixed by the state
superintendent subject to the approval of the budget agency.
Sec. 5. (a) The superintendent of the children's home shall
furnish an individual public bond in an amount determined by the
department, payable to the state, and conditioned upon the faithful
performance of the superintendent of the children's home's duties.
(b) A bond required under this section is subject to the approval
of the insurance commissioner and shall be filed in the office of the
secretary of state.
Sec. 6. The superintendent of the children's home, subject to the
approval of the state superintendent:
(1) has charge and management of the children's home;
(2) shall direct the care, education, and maintenance of the
children of the children's home; and
(3) is the chief appointing authority for all employees
necessary to properly conduct and operate the children's
home.
Sec. 7. (a) The state superintendent shall annually review the
salary schedules of the school corporation with the greatest current
ADM (as defined in IC 20-43-1-10) in the county in which the
children's home is located to determine the salary schedule of that
school corporation.
(b) The state superintendent shall, following the annual review
required by subsection (a), prescribe, subject to approval by the
state personnel department and the budget agency, a salary
schedule for the children's home, using a daily rate of pay for each
teacher that is commensurate with the salary schedules of the
school corporation that has the greatest current ADM (as defined
in IC 20-43-1-10) in the county in which the children's home is
located.
(c) The state superintendent shall prescribe the terms of the
annual contract awarded to licensed teachers qualifying for
payment under this schedule.
(d) The department shall advise the budget agency and the
governor of the department's action under this section. Hours of
work for all teachers shall be set in accordance with IC 4-15-2.
Sec. 8. IC 4-13-2 applies to the children's home.
Chapter 2. Indiana Soldiers' and Sailors' Children's Home
Sec. 1. As used in this chapter, "armed forces of the United
States" means the forces and components of the following:
(1) The United States Army.
(2) The United States Navy.
(3) The United States Marine Corps.
(4) The United States Air Force.
(5) The United States Coast Guard.
Sec. 2. As used in this chapter, the "county of residence of the
child":
(1) is the county of residence of the responsible parent; or
(2) if there is no responsible parent, is the county within which
the child's guardianship or wardship is established by
appointment of the court.
Sec. 3. As used in this chapter, "member of the armed forces"
means the following:
(1) An individual who is on active duty in the armed forces of
the United States or National Guard.
(2) An individual who previously has served on active duty in
the armed forces of the United States or National Guard and
has received an honorable or general discharge.
Sec. 4. As used in this chapter, "National Guard" means:
(1) the Indiana Army National Guard; or
(2) the Indiana Air National Guard.
Sec. 5. The Indiana Soldiers' and Sailors' Children's Home is
established as a state residential school and home for the care of
Indiana children who are in need of residential care and would
qualify for educational service. Preference shall be given to the
admission of children of members of the armed forces and children
of families of veterans who meet these admission criteria. A child
who requires residential placement in a secure facility (as defined
in IC 31-9-2-114), a juvenile detention facility, or a detention center
for the safety of the child or others may not be placed at the
children's home.
Sec. 6. (a) The children of the children's home shall be:
(1) taught and treated in a manner that promotes the
children's physical, intellectual, and moral improvement; and
(2) trained in habits of industry, studiousness, and morality.
(b) The superintendent of the children's home shall afford to the
children of the children's home literary, art, technical, and
industrial education as can reasonably be provided.
Sec. 7. (a) The children's home must be accredited as a public
school. The superintendent of the children's home may arrange in
a special situation, as provided by the department, for the
education of a child in a school in a county school corporation
reorganized under IC 20-23 near the home.
(b) A person who teaches at the children's home must be
qualified and properly licensed by the state board.
Sec. 8. (a) The superintendent of the children's home shall
establish and maintain a vocational school on the grounds of the
home and maintain suitable facilities in which vocational trades
and arts are taught.
(b) The superintendent of the children's home may enter into
contracts with other school corporations or entities for the use of
the vocational school.
(c) The superintendent may use donated money or state money
without limitation to finance vocational construction projects that
are:
(1) authorized by the budget agency; and
(2) in accordance with designs approved by the public works
division of the Indiana department of administration.
Sec. 9. The superintendent of the children's home shall:
(1) provide the Indiana National Guard Youth Challenge
Academy with access to all facilities and space necessary to
carry out the purpose of the Indiana National Guard Youth
Challenge Academy; and
(2) enter into an agreement with the Indiana National Guard
to allocate costs associated with the use of facilities or services
used by both the Indiana National Guard and the children's
home.
Sec. 10. The superintendent of the children's home, with
approval of the state superintendent, may enter into contracts or
agreements with other state agencies, school corporations, or other
entities to use the:
(1) facilities or services of the children's home; and
(2) children's home for summer camps, seminars, programs,
or other educational events.
Sec. 11. (a) After an adequate investigation as determined by the
superintendent of the children's home or the designee of the
superintendent of the children's home, including consideration of
appropriateness of placement, the superintendent of the children's
home shall receive as a resident in the children's home a child if the
child meets the requirements under subsection (b).
(b) Before a child may be received as a resident in the children's
home under subsection (a), the child must meet the following
requirements:
( 1) The parent or parents of the child are Indiana residents
immediately before application or the child is physically
present in Indiana immediately before application.
(2) The child is at least three (3) years of age but less than
eighteen (18) years of age.
(3) The child is in need of residential care and education.
(c) If the applications of all children of members of the armed
forces have been considered and space is available, the
superintendent of the children's home may, if a child meets the
requirements under subsection (b), receive as residents in the
children's home the:
(1) grandchildren;
(2) stepchildren;
(3) brothers;
(4) sisters;
(5) nephews; and
(6) nieces;
of members of the armed forces who are in need of residential care
and education.
(d) If the applications of all children eligible for residence under
subsections (a) through (c) have been considered and if space is
available, the superintendent of the children's home may accept for
residence children referred:
(1) by the department of child services established by
IC 31-25-1-1; or
(2) by the division of special education established by
IC 20-35-2-1;
subject to an adequate investigation as determined by the
superintendent of the children's home or the designee of the
superintendent of the children's home, including a consideration of
appropriateness of placement.
Sec. 12. (a) An application for admission to the children's home
may be made by a responsible parent, a guardian, a representative
of the court, or the department of child services.
(b) If an application is submitted by a person other than a
responsible parent or guardian, the superintendent of the
children's home shall cooperate with the department of child
services to ensure that an appropriate case study is made upon
application and continued throughout the period the child resides
at the children's home.
Sec. 13. (a) The superintendent of the children's home is
responsible for the care, control, and training of children admitted
to and living in the home from the day a child is admitted to the
home until the child is:
(1) eighteen (18) years of age; or
(2) discharged from the home.
(b) The superintendent of the children's home shall make
certain in the case of every child in the home that:
(1) there is a responsible parent;
(2) there is a responsible relative; or
(3) if a responsible parent or relative is not available, the child
is a ward of the department of child services from which there
is a representative;
who is regularly and frequently concerned with the welfare of the
child.
(c) If:
(1) the parent or parents have been deprived by order of the
court of the custody and control of a child admitted to the
children's home; and
(2) custody has been given by the court to the department of
child services;
the wardship shall be retained by the department of child services.
Sec. 14. (a) Either parent, a guardian, a relative, or the
department of child services applying for the admission of a child
to the children's home shall, in securing admittance of the child,
place the child in the children's home for the length of time
determined to be in the best interests of the child.
(b) A child shall be returned at any time to the:
(1) parent or parents;
(2) guardian;
(3) relative; or
(4) department of child services that placed the child in the
children's home;
if removal of the child from the children's home is applied for upon
written application. The superintendent of the children's home
may require not more than thirty (30) days notice when a
discharge is requested.
(c) If the superintendent of the children's home finds that a child
does not adjust to institutional living or is not educable, the
superintendent of the children's home:
(1) may:
(A) with the approval of the state superintendent; and
(B) upon proper notification;
discharge the child to the applicant placing the child in the
children's home; and
(2) shall cooperate with the department of child services for
further disposition of the case as necessary.
Sec. 15. A child admitted to the children's home may not be
permanently removed from the children's home and placed
elsewhere without the express approval of the:
(1) parent or parents who;
(2) guardian who;
(3) relative who; or
(4) department of child services that;
applied for admission of the child to the children's home.
Sec. 16. Either parent, a guardian, a relative, a representative
of the department of child services, or other person approved by
the superintendent of the children's home may visit a child
admitted to the children's home at times or places the
superintendent of the children's home prescribes.
Sec. 17. (a) Each child, the estate of the child, the parent or
parents of the child, or the guardian of the child, individually or
collectively, are liable for the payment of the costs of maintenance
of the child of up to one hundred percent (100%) of the per capita
cost, except as otherwise provided. The cost shall be computed
annually by dividing the total annual cost of operation for the fiscal
year, exclusive of the cost of education programs, construction, and
equipment, by three hundred sixty-five (365). The maintenance
cost shall be referred to as maintenance charges. The charge may
not be levied against any of the following:
(1) A county or any person or office, to be derived from
county tax sources.
(2) A child orphaned by reason of the death of the natural
parents.
(b) The billing and collection of the maintenance charges as
provided for in subsection (a) shall be made by the superintendent
of the children's home based on the per capita cost for the
preceding fiscal year. All money collected shall be deposited in a
fund to be known as the Indiana soldiers' and sailors' children's
home maintenance fund. The fund shall be used by the state
superintendent for the:
(1) preventative maintenance; and
(2) repair and rehabilitation;
of buildings of the children's home that are used for housing, food
service, or education of the children of the children's home.
(c) The superintendent of the children's home may, with the
approval of the state superintendent, agree to accept payment at a
lesser rate than that prescribed in subsection (a). The
superintendent of the children's home shall, in determining
whether or not to accept the lesser amount, take into consideration
the amount of money that is necessary to maintain or support any
member of the family of the child. All agreements to accept a lesser
amount are subject to cancellation or modification at any time by
the superintendent of the children's home with the approval of the
state superintendent.
(d) A person who has been issued a statement of amounts due as
maintenance charges may petition the superintendent of the
children's home for a release from or modification of the statement
and the superintendent of the children's home shall provide for
hearings to be held on the petition. The superintendent of the
children's home may, with the approval of the state superintendent
and after the hearing, cancel or modify the former statement and
at any time for due cause may increase the amounts due for
maintenance charges to an amount not to exceed the maximum cost
as determined under subsection (a).
(e) The superintendent of the children's home may arrange for
the establishment of a graduation or discharge trust account for a
child by arranging to accept a lesser rate of maintenance charge.
The trust fund must be of sufficient size to provide for immediate
expenses upon graduation or discharge.
(f) The superintendent of the children's home may make
agreements with instrumentalities of the federal government for
application of any monetary awards to be applied toward the
maintenance charges in a manner that provides a sufficient amount
of the periodic award to be deposited in the child's trust account to
meet the immediate personal needs of the child and to provide a
suitable graduation or discharge allowance. The amount applied
toward the settlement of maintenance charges may not exceed the
amount specified in subsection (a).
(g) The superintendent of the children's home may do the
following:
(1) Investigate, either with the superintendent of the
children's home's own staff or on a contractual or other basis,
the financial condition of each person liable under this
chapter.
(2) Make determinations of the ability of:
(A) the estate of the child;
(B) the legal guardian of the child; or
(C) each of the responsible parents of the child;
to pay maintenance charges.
(3) Set a standard as a basis of judgment of ability to pay that
shall be recomputed periodically to do the following:
(A) Reflect changes in the cost of living and other pertinent
factors.
(B) Provide for unusual and exceptional circumstances in
the application of the standard.
(4) Issue to any person liable under this chapter statements of
amounts due as maintenance charges, requiring the person to
pay monthly, quarterly, or otherwise as may be arranged, an
amount not exceeding the maximum cost as determined under
this chapter.
Sec. 18. (a) In the case of a child who is:
(1) adjudicated to be a delinquent child or child in need of
services by a juvenile court; and
(2) placed by or with the consent of the department of child
services in the children's home;
the department of child services shall reimburse the cost of services
provided to the child, including related transportation costs, and
any cost incurred by a county where the children's home is located
to transport or detain the child before the child is adjudicated to be
a delinquent child or child in need of services.
(b) The department of child services shall reimburse and pay
costs under this section.
(c) The department of child services may require the parent or
guardian of the child, other than a parent, guardian, or custodian
associated with the children's home, to reimburse the department
for an amount paid under this section.
(d) A child who is admitted to the children's home does not
become a resident of the county where the children's home is
located.
(e) When an unemancipated child is released from the children's
home, the department of child services is responsible for
transporting the child to the parent or guardian of the child. If a
parent or guardian does not exist for an unemancipated child
released from the home, the department of child services shall
obtain custody of the child.
Sec. 19. (a) The attorney general shall, upon notification by the
superintendent of the children's home through the state
superintendent, bring suit in the name of the state of Indiana on
behalf of the superintendent of the children's home against the
estate of a person failing to make payments as required in this
chapter.
(b) If a judgment is obtained under this section, the judgment
constitutes a lien against that part of the estate of a person as
described in the complaint.
(c) The attorney general may bring suit against the parent,
parents, or legal guardian of a child for failure to comply with the
maintenance agreement or for failure to make an agreement. Suit
may be brought for the amount due the state for the maintenance
charges of the child. The court may order the payment of amounts
due for maintenance charges for a time as the circumstances
require. The order may be entered against any or all of the
defendants and may be based upon the proportionate ability of
each defendant to contribute to the payment of amounts
representing maintenance charges. Orders for the payment of
money may be enforced by attachment as in contempt proceedings
against the persons of the defendants, and in addition as other
judgments at law, and costs may be adjudged against and
apportioned among the defendants.
Sec. 20. (a) The superintendent of the children's home shall do
the following:
(1) Cause the grounds of the home to be:
(A) kept in proper order; and
(B) ornamented with trees, shrubs, and flowers.
(2) Provide and maintain conservatories or greenhouses.
(b) The superintendent of the children's home:
(1) may have any suitable land connected with the home
cultivated for the use and benefit of the children's home; and
(2) shall have the children in the children's home assist in the
work.
Sec. 21. The superintendent of the children's home shall have
the children in the children's home assist in the following:
(1) Housekeeping services of the children's home.
(2) Manufacture and repair of the clothing of children.
(3) The provision of services necessary for the children's
home.
Sec. 22. In prescribing labor, service, and study for the children
of the children's home, the superintendent of the children's home
shall consider the proper education and training of the children.
Sec. 23. The superintendent of the children's home may, subject
to IC 4-24-3-2, receive for the use of the home:
(1) gifts;
(2) legacies;
(3) devises; and
(4) conveyances of real and personal property;
that are made, given, or granted to or for the children's home or in
the name of the children's home.
Sec. 24. (a) Notwithstanding IC 22-2-5-2, the children's home
and:
(1) an employee if there is no representative described under
subdivision (2) or (3) for that employee;
(2) the exclusive representative of its certificated employees
with respect to those employees; or
(3) a labor organization representing its noncertificated
employees with respect to those employees;
may agree in writing to a wage payment arrangement.
(b) A wage payment arrangement under subsection (a) may
provide that compensation earned during a school year may be
paid:
(1) using equal installments or any other method; and
(2) over:
(A) all or part of that school year; or
(B) any other period that begins not earlier than the first
day of that school year and ends not later than thirteen
(13) months after the wage payment arrangement period
begins.
An arrangement may provide that compensation earned in a
calendar year is paid in the next calendar year, so long as all the
compensation is paid within the thirteen (13) month period
beginning with the first day of the school year.
(c) A wage payment arrangement under subsection (a) must be
structured in a manner that is not considered:
(1) a nonqualified deferred compensation plan for purposes of
Section 409A of the Internal Revenue Code; or
(2) deferred compensation for purposes of Section 457(f) of
the Internal Revenue Code.
(d) Absent an agreement under subsection (a), the children's
home remains subject to IC 22-2-5-1.
(e) Wage payments required under a wage payment
arrangement entered into under subsection (a) are enforceable
under IC 22-2-5-2.
(f) If an employee leaves employment for any reason, either
permanently or temporarily, the amount due the employee under
IC 22-2-5-1 and IC 22-2-9-2 is the total amount of the wages earned
and unpaid.
(g) Employment with the home may not be conditioned upon the
acceptance of a wage payment arrangement under subsection (a).
(h) An employee may revoke a wage payment arrangement
under subsection (a) at the beginning of each school year.
eighteen (18) years of age is bound by the requirements of compulsory
school attendance and may not withdraw from school before graduation
unless:
(1) the student, the student's parent, and the principal agree to the
withdrawal;
(2) at the exit interview, the student provides written
acknowledgment of the withdrawal that meets the requirements
of subsection (c) and the:
(A) student's parent; and
(B) school principal;
each provide written consent for the student to withdraw from
school; and
(3) the withdrawal is due to:
(A) financial hardship and the individual must be employed to
support the individual's family or a dependent;
(B) illness; or
(C) an order by a court that has jurisdiction over the student.
(c) A written acknowledgment of withdrawal under subsection (b)
must include a statement that the student and the student's parent
understand that withdrawing from school is likely to:
(1) reduce the student's future earnings; and
(2) increase the student's likelihood of being unemployed in the
future.
(d) At an exit interview, the employee designated by the school
corporation under subsection (a) to conduct the exit interview shall
provide to the student's parent a copy of the written form
developed under subsection (e) describing services offered at the
children's home established by IC 20-22.5-2-5 and the Indiana
National Guard Youth Challenge Academy. The student's parent
shall provide written acknowledgment that the parent received a
copy of the form.
(e) For purposes of subsection (d), the department, in
consultation with the superintendent of the children's home and the
Indiana National Guard, shall develop a form describing the
services provided by the children's home and the Indiana National
Guard Youth Challenge Academy. The department shall provide
each school corporation with a sufficient number of copies of the
form developed under this subsection.
IC 5-14-3-4, are not subject to subpoena, and may not be made public
by the commissioner or any other person, except to the extent provided
in section 14 of this chapter. However, access may also be granted to
the National Association of Insurance Commissioners. Those parties
must agree in writing prior to receiving the information to provide to
it the same confidential treatment as required by this section, unless the
prior written consent of the company to which it pertains has been
obtained.
the domestic insurer's financial statements.
language and groupings substantially the same, as the relevant sections
of the annual statement of the insurer filed with the commissioner
under IC 27-1-20-21.
(e) (d) The financial statements included in a domestic an insurer's
audited financial report must be comparative, presenting the amounts
as of December 31 of the year of the report and comparative amounts
as of the immediately preceding December 31. However, in the first
year in which an insurer is required to file an audited financial report
under this chapter, the comparative data may be omitted.
commissioner.
(c) If an independent auditor accountant that served as the
accountant for the immediately preceding audited the most recent
financial report filed by the insurer with the commissioner under this
chapter is subsequently ceases to be terminated by the insurer or
resigns as the independent auditor accountant for the insurer, the
insurer shall:
(1) not more than five (5) business days after the cessation of the
independent auditor's services, termination or resignation,
notify the commissioner in writing of the identity and address of
the new independent auditor; termination or resignation;
(2) not more than ten (10) business days after the notification
given in under subdivision (1), furnish the commissioner with a
separate letter that states whether in the twenty-four (24) months
preceding the engagement of the new independent auditor
termination or resignation there were any disagreements
between the insurer and its the former independent auditor
accountant on any matter of accounting principles or practices,
financial statement disclosure, or auditing scope or procedure,
which, if not resolved to the satisfaction of the former
independent auditor accountant, would have caused the former
independent auditor accountant to make reference to the subject
matter of the disagreement in connection with the former
independent auditor's statement of its accountant's opinion. on
the insurer's financial report, and, if there was such a
disagreement, provides a description of the disagreement.
Disagreements required to be reported under this subdivision
include those at the decision making level that were resolved:
(A) to the former accountant's satisfaction; and
(B) not to the former accountant's satisfaction; and
(3) comply with subsection (d).
For the purposes of this subsection, "decision making level" refers to
the personnel of the insurer who are responsible for the presentation of
the insurer's financial statements and the personnel of the independent
auditor accountant who are responsible for rendering the opinion of
the auditor on the insurer's audited financial report.
(d) A domestic An insurer subject to the provisions of subsection (c)
shall:
schedule worksheet and comparable amounts shown on the
annual statements of the insurers.
good standing in the American Institute of Certified Public
Accountants.
(6) That the independent auditor is in compliance with the
requirements of section 9 of this chapter.
written request for an exemption from this chapter, the insurer may, in
writing, request a hearing on its application for an exemption. The
hearing shall be held under IC 4-21.5.
approval by the proper official of such other state shall not be required
unless the same are required by the laws of such foreign state. The
domestic company involved in such merger or consolidation shall not
through anything contained in this section be relieved of any of the
procedural requirements enumerated in the preceding sections of this
article.
(b) No merger or consolidation between a domestic and a foreign
company shall take effect, unless and until the surviving or new
company, if such is a foreign company, shall file with the department
a power of attorney appointing the commissioner and his successors in
office, the attorney for service of said foreign company, upon whom all
lawful process against said company may be served. Said power of
attorney shall be irrevocable so long as said foreign company has
outstanding in this state any contract of insurance, or other obligation
whatsoever, and shall by its terms so provide. Service upon the
commissioner shall be deemed sufficient service upon the company.
complies with IC 27-1-17-4(7).
variable annuities.
(6) Personal lines _ property and casualty insurance coverage
sold to individuals and families for primarily noncommercial
purposes.
(7) Credit _ limited line credit insurance.
(8) Title _ insurance coverage against loss or damage on account
of encumbrances on or defects in the title to real estate.
(9) Any other line of insurance permitted under Indiana laws or
administrative rules.
(b) A person who requests and receives qualification under
subsection (a)(5) for variable life and annuity products:
(1) is considered to have requested; and
(2) shall receive;
a life qualification under subsection (a)(1). The insurance producer's
license document must clearly indicate that the life qualification
received under this subsection includes a qualification for variable
life and variable annuity products.
(c) A resident insurance producer may not request separate
qualifications for property insurance and casualty insurance under
subsection (a).
(d) An insurance producer license remains in effect unless revoked
or suspended, as long as the renewal fee set forth in section 32 of this
chapter is paid and the educational requirements for resident individual
producers are met by the due date.
(e) An individual insurance producer who:
(1) allows the individual insurance producer's license to lapse;
and
(2) completed all required continuing education before the license
expired;
may, not more than twelve (12) months after the expiration date of the
license, reinstate the same license without the necessity of passing a
written examination. A penalty in the amount of three (3) times the
unpaid renewal fee shall be required for any renewal fee received after
the expiration date of the license. However, the department of
insurance may waive the penalty if the renewal fee is received not more
than thirty (30) days after the expiration date of the license.
(f) A licensed insurance producer who is unable to comply with
license renewal procedures due to military service or some other
extenuating circumstance may request a waiver of the license renewal
procedures. The producer may also request a waiver of any
examination requirement or any other fine or sanction imposed for
failure to comply with the license renewal procedures.
(g) An insurance producer license shall contain the licensee's name,
address, personal identification number, date of issuance, lines of
authority, expiration date, and any other information the commissioner
considers necessary.
(h) A licensee shall inform the commissioner of a change of address
not more than thirty (30) days after the change by any means
acceptable to the commissioner. The failure of a licensee to timely
inform the commissioner of a change in legal name or address shall
result in a penalty under section 12 of this chapter.
(i) To assist in the performance of the commissioner's duties, the
commissioner may contract with nongovernmental entities, including
the National Association of Insurance Commissioners (NAIC), or any
affiliates or subsidiaries that the NAIC oversees, to perform ministerial
functions, including the collection of fees related to producer licensing,
that the commissioner and the nongovernmental entity consider
appropriate.
(j) The commissioner may participate, in whole or in part, with the
NAIC or any affiliate or subsidiary of the NAIC in a centralized
insurance producer license registry through which insurance producer
licenses are centrally or simultaneously effected for states that require
an insurance producer license and participate in the centralized
insurance producer license registry. If the commissioner determines
that participation in the centralized insurance producer license registry
is in the public interest, the commissioner may adopt rules under
IC 4-22-2 specifying uniform standards and procedures that are
necessary for participation in the registry, including standards and
procedures for centralized license fee collection.
approved by the commissioner or the National Association of
Insurance Commissioners; and
(2) applies for an insurance producer license in Indiana requesting
qualification under sections:
(A) 7(a)(3);
(B) 7(a)(4); or
(C) 7(a)(6);
of this chapter;
is not required to complete prelicensing education and is required to
take only the portion of the examination required under section 5(b) of
this chapter that pertains to Indiana laws and rules.
(e) An individual who:
(1) has attained a bachelor's degree in insurance; and
(2) applies for an insurance producer license in Indiana
requesting qualification under section 7(a)(1) through 7(a)(6)
of this chapter;
is not required to complete prelicensing education and is required
to take only the part of the examination required under section
5(b) of this chapter that pertains to Indiana laws and rules.
discretion, without a hearing, and in addition to any other sanctions
allowed by law, suspend any insurance license held by the licensee
pending receipt of the appointment report.
(i) The commissioner shall promptly notify all appointing insurers
and the licensee regarding any suspension, revocation, or termination
of a license by the commissioner under this section.
(j) The commissioner may not grant, renew, continue, or permit to
continue any license if the commissioner finds that the license is being
used or will be used by the applicant or licensee for the purpose of
writing controlled business. As used in this subsection, "controlled
business" means:
(1) insurance written on the interests of:
(A) the applicant or licensee;
(B) the applicant's or licensee's immediate family; or
(C) the applicant's or licensee's employer; or
(2) insurance covering:
(A) the applicant or licensee;
(B) members of the applicant's or licensee's immediate family;
or
(C) either:
(i) a corporation, limited liability company, association, or
partnership; or
(ii) the officers, directors, substantial stockholders, partners,
members, managers, employees of such a corporation,
limited liability company, association, or partnership;
of which the applicant or licensee or a member of the
applicant's or licensee's immediate family is an officer,
director, substantial stockholder, partner, member, manager,
associate, or employee.
However, this section does not apply to insurance written or interests
insured in connection with or arising out of credit transactions. A
license is considered to have been used or intended to be used for the
purpose of writing controlled business if the commissioner finds that
during any twelve (12) month period the aggregate commissions earned
from the controlled business exceeded twenty-five percent (25%) of the
aggregate commission earned on all business written by the applicant
or licensee during the same period.
(k) The commissioner has the authority to:
hour of instruction in a structured setting or comparable self-study in
each of the following:
(1) Ethical practices in the marketing and selling of title
insurance.
(2) Title insurance underwriting.
(3) Escrow issues.
(4) Principles of the federal Real Estate Settlement Procedures
Act (12 U.S.C. 2608).
An attorney in good standing who is admitted to the practice of law in
Indiana and holds a license issued under IC 27-1-15.6 with a title
qualification under IC 27-1-15.6-7(a)(8) may complete all or any
number of hours of continuing education required by this subsection by
completing an equivalent number of hours in continuing legal
education courses related to the business of title insurance or any
aspect of real property law.
(c) The following insurance producers are not required to complete
continuing education courses to renew a license under this chapter:
(1) A limited lines producer who is licensed without examination
under IC 27-1-15.6-18(1) or IC 27-1-15.6-18(2).
(2) A limited line credit insurance producer.
(3) Before July 1, 2011, an insurance producer who:
(A) is at least seventy (70) years of age; and
(B) has been a licensed insurance producer continuously for at
least twenty (20) years immediately preceding the license
renewal date.
(d) To satisfy the requirements of subsection (a) or (b), a licensee
may use only those credit hours earned in continuing education courses
completed by the licensee:
(1) after the effective date of the licensee's last renewal of a
license under this chapter; or
(2) if the licensee is renewing a license for the first time, after the
date on which the licensee was issued the license under this
chapter.
(e) If an insurance producer receives qualification for a license in
more than one (1) line of authority under IC 27-1-15.6, the insurance
producer may not be required to complete a total of more than twenty
(20) hours of credit in continuing education courses to renew the
license.
producer education and continuing education advisory council;
or
(D) insurance company licensed to do business in Indiana.
(2) Provide for self-study or instruction provided by an approved
instructor in a structured setting, as follows:
(A) For life insurance producers, not less than twenty-four (24)
twenty (20) hours of instruction in a structured setting or
comparable self-study on:
(i) ethical practices in the marketing and selling of
insurance;
(ii) requirements of the insurance laws and administrative
rules of Indiana; and
(iii) principles of life insurance.
(B) For health insurance producers, not less than twenty-four
(24) twenty (20) hours of instruction in a structured setting or
comparable self-study on:
(i) ethical practices in the marketing and selling of
insurance;
(ii) requirements of the insurance laws and administrative
rules of Indiana; and
(iii) principles of health insurance.
(C) For life and health insurance producers, not less than forty
(40) hours of instruction in a structured setting or comparable
self-study on:
(i) ethical practices in the marketing and selling of
insurance;
(ii) requirements of the insurance laws and administrative
rules of Indiana;
(iii) principles of life insurance; and
(iv) principles of health insurance.
(D) For property and casualty insurance producers, not less
than forty (40) hours of instruction in a structured setting or
comparable self-study on:
(i) ethical practices in the marketing and selling of
insurance;
(ii) requirements of the insurance laws and administrative
rules of Indiana;
(iii) principles of property insurance; and
study for purposes of IC 27-1-15.6-6.
(f) The commissioner may, after notice and opportunity for a
hearing, withdraw the certification of a course of study that does not
maintain reasonable standards, as determined by the commissioner for
the protection of the public.
(g) Current course materials for a prelicensing course of study that
is certified under this section must be submitted to the commissioner
upon request, but not less frequently than once every three (3) years.
insurance commissioner or other proper supervisory official of the
state in which such company is domiciled; provided, however,
that the commissioner may cause an examination to be made of
the condition and affairs of such company before authority to
transact business in this state is given.
(5) A certificate from the proper official of the state, country,
province, or government wherein it is incorporated or organized,
or the state in which it is domiciled in the United States, that it is
duly organized or incorporated under those laws and authorized
to make the kind or kinds of insurance which it proposes to make
in this state.
(6) A copy of its bylaws or regulations, if any, certified to by the
secretary or similar officer of the insurance company.
(7) A duly executed power of attorney in a form prescribed by the
department which constitutes and appoints an individual or a
corporate resident of Indiana, or an authorized Indiana insurer, as
the insurance company's agent, its true and lawful attorney upon
whom, except as provided in section 4.2 of this chapter, all lawful
processes in any action in law or in equity against it shall be
served. Such power of attorney shall contain an agreement by the
insurance company that any lawful process against it which may
be served upon the agent as its attorney shall be of the same force
and validity as if served upon the insurance company and that
such power of attorney shall continue in force and be irrevocable
so long as any liability of the insurance company remains
outstanding in this state. Such power of attorney shall be executed
by the president and secretary of the insurance company or other
duly authorized officers under its seal and shall be accompanied
by a certified copy of the resolution of the board of directors of
the company making said appointment and authorizing the
execution of said power of attorney. Service of any lawful process
shall be by delivering to and leaving with the agent two (2) copies
of such process, with copy of the pertinent complaint attached.
The agent shall forthwith transmit to the defendant company at its
last known principal place of business by registered or certified
mail, return receipt requested, one (1) of the copies of such
process, with complaint attached, the other copy to be retained in
a record which shall show all process served upon and transmitted
by him. Such service shall be sufficient provided the returned
receipt or, if the defendant company shall refuse to accept such
mailing, the registered mail together with an affidavit of plaintiff
or his attorney stating that service was made upon the agent and
forwarded as above set forth but that such mail was returned by
the post office department is filed with the court. The agent shall
make information and receipts available to plaintiff, defendant, or
their attorneys. No plaintiff or complainant shall be entitled to a
judgment by default based on service authorized by this section
until the expiration of at least thirty (30) days from the date on
which either the post office receipt or the unclaimed mail together
with affidavit is filed with the court. Nothing in this section shall
limit or abridge the right to serve any process, notice, or demand
upon any company in any other manner permitted by law.
(8) Proof which satisfies the department that it has complied with
the financial requirements imposed in this chapter upon foreign
and alien insurance companies which transact business in this
state and that it is entitled to public confidence and that its
admission to transact business in this state will not be prejudicial
to public interest.
under the laws of Indiana to deposit assets with the department shall be
deemed complied with if such deposit is made pursuant to a written
agreement between the insurance company and any bank, trust
company or a safety deposit company and approved by the
commissioner which limits withdrawals to those sanctioned and
approved by the department. Deposits so made shall be credited by the
department as deposits in its possession on the basis of the insurance
company's affidavit describing such deposits as to amount and nature.
(d) Notwithstanding any other provisions of law, securities eligible
for deposit under the insurance law of this state relating to deposit of
securities by an insurance company as a condition of commencing or
continuing to do an insurance business in this state may be deposited
with a clearing corporation or held in the Federal Reserve book-entry
system. Securities deposited with a clearing corporation or held in the
Federal Reserve book-entry system and used to meet the deposit
requirements under the insurance laws of this state shall be under the
control of the commissioner and shall not be withdrawn by the
insurance company without the approval of the commissioner. Any
insurance company holding such securities in such manner shall
provide to the commissioner evidence issued by its custodian or a
member bank through which such insurance company has deposited
securities with a clearing corporation or held in the Federal Reserve
book-entry system, respectively, in order to establish that the securities
are actually recorded in an account in the name of the custodian or
other direct participant or member bank and evidence that the records
of the custodian, other participant, or member bank reflect that such
securities are held subject to the order of the commissioner.
(e) The commissioner of insurance is authorized to promulgate rules
and regulations governing the deposit by insurance companies of
securities with clearing corporations and in the Federal Reserve
book-entry system.
reasonable.
(3) The expenses incurred for any payment received shall be
allocated to the insurer in conformity with customary insurance
accounting practices consistently applied.
(4) The books, accounts, and records of each party as to all
transactions described in this subsection shall be so maintained as
to clearly and accurately disclose the precise nature and details of
the transactions, including accounting information necessary to
support the reasonableness of the charges or fees to the respective
parties.
(5) The insurer's surplus as regards policyholders following any
transactions with affiliates or shareholder dividend shall be
reasonable in relation to the insurer's outstanding liabilities and
adequate to its financial needs.
(b) The following transactions involving a domestic insurer and any
person in its insurance holding company system may not be entered
into unless the insurer has notified the commissioner in writing of its
intention to enter into such transaction at least thirty (30) days prior
thereto, or such shorter period as the commissioner may permit, and the
commissioner has not disapproved it within that period:
(1) Sales, purchases, exchanges, loans or extensions of credit,
guarantees, or investments, provided those transactions are equal
to or exceed:
(A) with respect to nonlife insurers, the lesser of three percent
(3%) of the insurer's admitted assets or twenty-five percent
(25%) of surplus as regards policyholders; and
(B) with respect to life insurers, three percent (3%) of the
insurer's admitted assets;
each as of December 31 next preceding.
(2) Loans or extensions of credit to any person who is not an
affiliate, where the insurer makes those loans or extensions of
credit with the agreement or understanding that the proceeds of
such transactions, in whole or in substantial part, are to be used
to make loans or extensions of credit to, to purchase assets of, or
to make investments in, any affiliate of the insurer making such
loans or extensions of credit, provided those transactions are
equal to or exceed:
(A) with respect to nonlife insurers, the lesser of three percent
(3%) of the insurer's admitted assets or twenty-five percent
(25%) of surplus as regards policyholders; and
(B) with respect to life insurers, three percent (3%) of the
insurer's admitted assets;
each as of December 31 next preceding.
(3) Reinsurance agreements or modifications thereto in which the
amount of cash or invested assets transferred by the insurer equals
or exceeds five percent (5%) of the insurer's surplus as regards
policyholders, as of December 31 next preceding, including those
agreements that may require as consideration the transfer of assets
from an insurer to a nonaffiliate, if an agreement or understanding
exists between the insurer and nonaffiliate that any portion of the
assets will be transferred to one (1) or more affiliates of the
insurer.
(4) Management agreements, service contracts, and cost-sharing
arrangements, lease agreements, and tax allocation
agreements.
(5) Material transactions, specified by rule, that the commissioner
determines may adversely affect the interests of the insurer's
policyholders.
This subsection does not authorize or permit any transactions that, in
the case of an insurer not a member of the same insurance holding
company system, would be otherwise contrary to law.
(c) A domestic insurer may not enter into transactions that are part
of a plan or series of like transactions with persons within the insurance
holding company system if the purpose of those separate transactions
is to avoid the statutory threshold amount and thus avoid the review
that would occur otherwise.
(d) The commissioner, in reviewing transactions pursuant to
subsection (b), shall consider whether the transactions comply with the
standards set forth in subsection (a) and whether the transactions may
adversely affect the interests of policyholders.
(e) The commissioner shall be notified within thirty (30) days of any
investment of the domestic insurer in any one (1) corporation if the
total investment in that corporation by the insurance holding company
system exceeds ten percent (10%) of the corporation's voting securities.
(f) For purposes of this chapter, in determining whether an insurer's
surplus is reasonable in relation to the insurer's outstanding liabilities
and adequate to its financial needs, the following factors, among others,
shall be considered:
(1) The size of the insurer as measured by its assets, capital and
surplus, reserves, premium writings, insurance in force and other
appropriate criteria.
(2) The extent to which the insurer's business is diversified among
the several lines of insurance.
(3) The number and size of risks insured in each line of business.
(4) The extent of the geographical dispersion of the insurer's
insured risks.
(5) The nature and extent of the insurer's reinsurance program.
(6) The quality, diversification, and liquidity of the insurer's
investment portfolio.
(7) The recent past and projected future trend in the size of the
insurer's surplus as regards policyholders.
(8) The surplus as regards policyholders maintained by other
comparable insurers in respect of the factors described in
subdivisions (1) through (7).
(9) The adequacy of the insurer's reserves.
(10) The quality and liquidity of investments in subsidiaries,
except that the commissioner may discount or treat any such
investment in subsidiaries as a disallowed asset for purposes of
determining the adequacy of surplus whenever in his judgment
such investment so warrants.
(11) The quality of the earnings of the insurer and the extent to
which the reported earnings of the insurer include extraordinary
items.
(g) No domestic insurer subject to registration under section 3 of
this chapter shall pay an extraordinary dividend or make any other
extraordinary distribution to its security holders until:
(1) thirty (30) days after the commissioner has received notice of
the declaration thereof and has not within such period
disapproved such payment; or
(2) the commissioner shall have approved such payment within
such thirty (30) day period.
(h) For purposes of subsection (g), an extraordinary dividend or
distribution is any dividend or distribution of cash or other property
whose fair market value, together with that of other dividends or
distributions made within the twelve (12) consecutive months ending
on the date on which the proposed dividend or distribution is scheduled
to be made, exceeds the greater of:
(1) ten percent (10%) of such insurer's surplus as regards
policyholders as of the most recently preceding December 31; or
(2) the net gain from operations of such insurer, if such insurer is
a life insurer, or the net income, if such insurer is not a life
insurer, for the twelve (12) month period ending on the most
recently preceding December 31.
(i) Notwithstanding any other provision of law, a domestic insurer
may declare an extraordinary dividend or distribution which is
conditional upon the commissioner's approval thereof, but such a
declaration shall confer no rights upon shareholders until:
(1) the commissioner has approved the payment of such dividend
or distribution; or
(2) the commissioner has not disapproved the payment within the
thirty (30) day period referred to in subsection (g).
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 11.1. (a) If the home
state of a person is Indiana, the person shall:
(1) apply to act as an administrator in Indiana upon the uniform
application; and
(2) pay an application fee in an amount determined by the
commissioner; and
(2) (3) receive a license from the commissioner;
before performing the function of an administrator in Indiana. The
commissioner shall deposit a fee paid under subdivision (2) into the
department of insurance fund established by IC 27-1-3-28.
(b) The uniform application must include or be accompanied by the
following:
(1) Basic organizational documents of the applicant, including:
(A) articles of incorporation;
(B) articles of association;
(C) partnership agreement;
(D) trade name certificate;
(E) trust agreement;
(F) shareholder agreement;
(G) other applicable documents; and
(H) amendments to the documents specified in clauses (A)
through (G).
(2) Bylaws, rules, regulations, or other documents that regulate
the internal affairs of the applicant.
(3) The NAIC biographical affidavits for individuals who are
responsible for the conduct of affairs of the applicant, including:
(A) members of the applicant's:
(i) board of directors;
(ii) board of trustees;
(iii) executive committee; or
(iv) other governing board or committee;
(B) principal officers, if the applicant is a corporation;
(C) partners or members, if the applicant is:
(i) a partnership;
(ii) an association; or
(iii) a limited liability company;
(D) shareholders or members that hold, directly or indirectly,
at least ten percent (10%) of the:
inspection by the commissioner.
(d) An administrator that applies for licensure under this section
shall:
(1) produce the administrator's accounts, records, and files for
examination; and
(2) make the administrator's officers available to provide
information concerning the affairs of the administrator;
whenever reasonably required by the commissioner.
(e) The commissioner may refuse to issue a license under this
section if the commissioner determines that:
(1) the administrator or an individual who is responsible for the
conduct of the affairs of the administrator:
(A) is not:
(i) competent;
(ii) trustworthy;
(iii) financially responsible; or
(iv) of good personal and business reputation; or
(B) has had an:
(i) insurance certificate of authority or insurance license; or
(ii) administrator certificate of authority or administrator
license;
denied or revoked for cause by any jurisdiction;
(2) the financial information provided under subsection (b)(4)
does not reflect that the applicant has a positive net worth; or
(3) any of the grounds set forth in section 12.4 of this chapter
exists with respect to the administrator.
(f) An administrator that applies for a license under this section
shall immediately notify the commissioner of a material change in:
(1) the ownership or control of the administrator; or
(2) another fact or circumstance that affects the administrator's
qualification for a license.
The commissioner, upon receiving notice under this subsection, shall
report the change to an electronic data base maintained by the NAIC or
an affiliate or a subsidiary of the NAIC.
(g) An administrator that applies for a license under this section and
will administer a governmental plan or a church plan shall obtain a
bond as required under section 4(g) of this chapter.
(h) A license that is issued under this section is valid for one (1)
year after the date of issuance or until:
(1) the license is:
(A) surrendered; or
(B) suspended or revoked by the commissioner; or
(2) the administrator:
(A) ceases to do business in Indiana; or
(B) is not in compliance with this chapter;
whichever occurs first.
or by an affiliate or a subsidiary of the NAIC:
(A) indicating that the administrator is solvent and in
compliance with this chapter; or
(B) noting deficiencies found in the report.
one (1) or more industrial insureds. For purposes of this section,
an "industrial insured" means an insured:
(A) who procures the insurance of any risk or risks by use of
the services of a full-time employee acting as an insurance
manager or buyer or the services of a regularly retained and
continuously qualified insurance consultant;
(B) whose aggregate annual premium for insurance on all risks
totals at least twenty-five thousand dollars ($25,000); and
(C) who has at least twenty-five (25) full-time employees;
(D) who, on or before February 1 (for the preceding six (6)
month period ending December 31) and August 1 (for the
preceding six (6) month period ending June 30) of each
year, remits to the department an amount equal to two and
five-tenths percent (2.5%) of all gross premiums upon all
policies and contracts procured by the insured under this
section, plus:
(i) ten percent (10%) of the amount due for the first
month after the date specified in this clause during which
the amount described in this clause is not remitted in
compliance with this clause; and
(ii) an additional one percent (1%) of the amount due for
each additional month during which the amount due
under this clause is unpaid; and
(E) who files with the department, with the amount
remitted under clause (D), an affidavit specifying all
transactions undertaken and policies and contracts
procured during the preceding calendar year, including
the following:
(i) The description and location of the insured property
or risk and the name of the insured.
(ii) The gross premiums charged for the policy or
contract.
(iii) The name and home office address of the insurer
that issues the policy or contract and the kind of
insurance effected.
(iv) A statement that the insured, after diligent effort,
was unable to procure from any insurer authorized to
transact the particular kind of insurance business in
Indiana the full amount of insurance coverage required
to protect the insured.
(9) Transactions in Indiana involving the rendering of any service
by any ambulance service provider and all fees, costs, and
membership payments charged for the service. To qualify under
this subdivision, the ambulance service provider:
(A) must have its ambulance service program approved by an
ordinance of the legislative body of the county or city in which
it operates; and
(B) may not offer any membership program that includes
benefits exceeding one (1) year in duration.
(b) Any of the following acts in this state effected by mail or
otherwise by or on behalf of an unauthorized insurer constitutes the
transaction of an insurance business in this state. The venue of an act
committed by mail is at the point where the matter transmitted by mail
is delivered and takes effect. Unless otherwise indicated, the term
"insurer" as used in this section includes all persons engaged as
principals in the business of insurance and also includes interinsurance
exchanges and mutual benefit societies.
(1) The making of or proposing to make, as an insurer, an
insurance contract.
(2) The making of or proposing to make, as guarantor or surety,
any contract of guaranty or suretyship as a vocation and not
merely incidental to any other legitimate business or activity of
the guarantor or surety.
(3) The taking or receiving of any application for insurance.
(4) The receiving or collection of any premium, commission,
membership fees, assessments, dues, or other consideration for
any insurance or any part thereof.
(5) The issuance or delivery of contracts of insurance to residents
of this state or to persons authorized to do business in this state.
(6) Acting as an agent for or otherwise representing or aiding on
behalf of another person or insurer in the solicitation, negotiation,
procurement, or effectuation of insurance or renewals thereof or
in the dissemination of information as to coverage or rates, or
forwarding of applications, or delivery of policies or contracts, or
inspection of risks, a fixing of rates or investigation or adjustment
of claims or losses or in the transaction of matters subsequent to
effectuation of the contract and arising out of it, or representing
or assisting a person or an insurer in the transaction of insurance
with respect to subjects of insurance resident, located, or to be
performed in this state. This subdivision does not prohibit
full-time salaried employees of a corporate insured from acting in
the capacity of an insurance manager or buyer in placing
insurance in behalf of the employer.
(c)(1) The failure of an insurer transacting insurance business in this
state to obtain a certificate of authority does not impair the validity of
any act or contract of such insurer and does not prevent such insurer
from defending any action at law or suit in equity in any court of this
state, but no insurer transacting insurance business in this state without
a certificate of authority may maintain an action in any court of this
state to enforce any right, claim, or demand arising out of the
transaction of such business until such insurer obtains a certificate of
authority.
(2) In the event of failure of any such unauthorized insurer to pay
any claim or loss within the provisions of such insurance contract, any
person who assisted or in any manner aided directly or indirectly in the
procurement of such insurance contract is liable to the insured for the
full amount of the claim or loss in the manner provided by the
insurance contract.
in subsection (a) shall provide written notice to the department of
insurance and all policyholders of a change in location of the
domestic corporation's physical office in Indiana, including the
address and telephone number of the new location.
than Indiana if the commissioner determines that the policy pursuant
to which the certificate is issued meets the requirements set forth in
section 17(a) of this chapter.
(f) This section does not affect any other provision of Indiana law
governing the terms or benefits of coverage provided to a resident of
Indiana under any certificate or policy of insurance.
liability fund established by IC 27-1-29.1-7.
(11) The small employer health reinsurance board established by
IC 27-8-15.5-5.
(12) (11) A person similar to any person described in subdivisions
(1) through (11). (10).
(r) "Moody's Corporate Bond Yield Average" means:
(1) the monthly average of the composite yield on seasoned
corporate bonds as published by Moody's Investors Service, Inc.;
or
(2) if the monthly average described in subdivision (1) is no
longer published, an alternative publication of interest rates or
yields determined appropriate by the association.
(s) "Multiple employer welfare arrangement" has the meaning set
forth in IC 27-1-34-1.
(t) "Owner" means the person:
(1) identified as the legal owner of a policy or contract according
to the terms of the policy or contract; or
(2) otherwise vested with legal title to a policy or contract through
a valid assignment completed in accordance with the terms of the
policy or contract and properly recorded as the owner on the
books of the insurer.
The term does not include a person with a mere beneficial interest in
a policy or contract.
(u) "Person" means an individual, a corporation, a limited liability
company, a partnership, an association, a governmental entity, a
voluntary organization, a trust, a trustee, or another business entity or
organization.
(v) "Plan sponsor" refers to only one (1) of the following with
respect to a benefit plan:
(1) The employer, in the case of a benefit plan established or
maintained by a single employer.
(2) The holding company or controlling affiliate, in the case of a
benefit plan established or maintained by affiliated companies
comprising a consolidated corporation.
(3) The employee organization, in the case of a benefit plan
established or maintained by an employee organization.
(4) In a case of a benefit plan established or maintained:
(A) by two (2) or more employers;
operations of the entity is directed.
However, in the case of a plan sponsor, if more than fifty percent (50%)
of the participants in the plan sponsor's benefit plan are employed in a
single state, that state is considered to be the principal place of business
of the plan sponsor. The principal place of business of a plan sponsor
of a benefit plan described in subsection (v)(4), if more than fifty
percent (50%) of the participants in the plan sponsor's benefit plan are
not employed in a single state, is considered to be the principal place
of business of the association, committee, joint board of trustees, or
other similar group of representatives of the parties that establish or
maintain the benefit plan and, in the absence of a specific or clear
designation of a principal place of business, is considered to be the
principal place of business of the employer or employee organization
that has the largest investment in the benefit plan in question on the
coverage date.
(y) "Receivership court" refers to the court in an insolvent insurer's
or impaired insurer's state that has jurisdiction over the conservation,
rehabilitation, or liquidation of the insolvent insurer or impaired
insurer.
(z) "Resident" means a person that resides or has the person's
principal place of business in Indiana on the applicable coverage date.
(aa) "State" includes a state, the District of Columbia, Puerto Rico,
and a United States possession, territory, or protectorate.
(bb) "Structured settlement annuity" means an annuity purchased to
fund periodic payments for a plaintiff or other claimant in payment for
or with respect to personal injury suffered by the plaintiff or other
claimant.
(cc) "Supplemental contract" means a written agreement entered
into for the distribution of proceeds under a life, health, or annuity
policy or contract.
(dd) "Unallocated annuity contract" means an annuity contract or
group annuity certificate:
(1) the owner of which is not a natural person; and
(2) that does not identify at least one (1) specific natural person
as an annuitant;
except to the extent of any annuity benefits guaranteed to a natural
person by an insurer under the contract or certificate. For purposes of
this chapter, an unallocated annuity contract shall not be considered a
group policy or group contract.
chapter, "eligible employee" means an employee:
(1) who is employed to work at least thirty (30) hours each week;
The term includes:
(A) a sole proprietor; and
(B) a partner in a partnership;
if the sole proprietor or partner is included as an employee under
a health insurance plan of a small employer; and
(2) who meets an applicable waiting period required by a small
employer before gaining coverage under a health insurance
policy.
(b) The term includes:
(1) a sole proprietor;
(2) a partner in a partnership; and
(3) an owner of an S corporation;
regardless of whether the sole proprietor, partner, or owner is
included as an employee for purposes of taxation of a small
employer.
(b) (c) The term does not include:
(1) an employee who works on a temporary or substitute basis; or
(2) a seasonal employee.
shall not exceed one hundred fifty percent (150%) of the rate that
would have been charged under the small employer health insurance
plan with respect to the individual if the individual had been covered
as an eligible employee under the plan during the same period. If the
health insurance plan under which the individual was covered is
canceled or is not renewed, the rates shall be based on the rate that
would have been charged with respect to the individual if the plan had
continued in force, as determined by the small employer insurer in
accordance with standard actuarial principles.
(d) A conversion policy issued under this section must be approved
by the insurance commissioner as described in IC 27-8-5-1. The
commissioner may not approve a conversion policy unless the policy
and its benefits are:
(1) comparable to those required under IC 27-13-1-4(a)(2)
through IC 27-13-1-4(a)(5);
(2) reasonable in relation to the premium charged; and
(3) in compliance with IC 27-8-6-1.
If the benefit limits of the conversion policy are not more than the
benefit limits of the small employer's health insurance plan, the small
employer insurer shall credit the individual with any waiting period,
deductible, or coinsurance credited to the individual under the small
employer's health insurance plan.
(e) This section expires on the effective date of a mechanism
enacted by the general assembly to offset the potential fiscal impact on
small employers and small employer insurers that results from the
establishment of a continuation policy under section 31.1 of this
chapter.
location of the office maintained under subdivision (1),
provide written notice to the department of insurance and all
subscribers at least thirty (30) days before the location is
changed, including the address and telephone number of the
new location.
(b) A domestic health maintenance organization operating
under this article is subject to the following:
(1) IC 27-1-7-11.
(2) IC 27-1-6-21.
dialysis treatment.
(b) As used in this section, "health maintenance organization"
includes the following:
(1) A limited service health maintenance organization.
(2) An agent of a health maintenance organization or a limited
service health maintenance organization.
(c) A health maintenance organization shall not require an enrollee,
as a condition of coverage or reimbursement, to:
(1) if the nearest dialysis facility is located within thirty (30) miles
of the enrollee's home, travel more than thirty (30) miles from the
enrollee's home to obtain dialysis treatment; or
(2) if the nearest dialysis facility is located more than thirty (30)
miles from the enrollee's home, travel a greater distance than the
distance to the nearest dialysis facility to obtain dialysis
treatment;
regardless of whether the enrollee chooses to receive dialysis treatment
at a dialysis facility that is a participating provider or a dialysis facility
that is not a participating provider.
(d) A health maintenance organization shall, upon request of the
enrollee, make all claim payments for dialysis treatment payable
only to the dialysis facility and not to the enrollee, regardless of
whether the dialysis facility is or is not a participating provider.
(e) An individual contract or a group contract that provides
coverage for dialysis treatment may not apply:
(1) benefit restrictions;
(2) deductible, copayment, coinsurance, or other out-of-pocket
expense requirements; or
(3) maximum lifetime coverage limitations;
to the coverage for dialysis treatment that are less favorable to an
enrollee than the benefit restrictions, deductible, copayment,
coinsurance, or other out-of-pocket expense requirements, or
maximum lifetime coverage limitations that apply to all other
medical and surgical benefits under the individual contract or
group contract.
(f) A dialysis treatment facility or provider shall not bill an
enrollee for any amount that exceeds:
(1) the amount paid by the health maintenance organization;
plus
(2) any applicable deductible, copayment, coinsurance, or
other expense paid by the enrollee;
in connection with dialysis treatment. A health maintenance
organization that receives from an enrollee written proof that a
dialysis facility or provider has violated this subsection shall not
reimburse the dialysis facility or provider for any health care
services rendered to any enrollee until the health maintenance
organization receives written proof that the dialysis facility or
provider has canceled the bill and reimbursed the enrollee in full
any amount paid in relation to the amount billed in violation of this
subsection.
(g) The department may adopt rules under IC 4-22-2 to
implement this section.".
contact with the child.
(8) Order a perpetrator of child abuse or neglect to refrain from
returning to the child's residence.
(9) Order the department to place the child in the Indiana
Soldiers' and Sailors' Children's Home established by
IC 20-22.5-2-5 after considering:
(A) the admission requirements for the Indiana Soldiers'
and Sailors' Children's Home under IC 20-22.5-2;
(B) the best interests of the child; and
(C) the desirability of keeping the child with the child's
siblings.
The juvenile court may order the department to pay costs and
expenses of placing the child in the Indiana Soldiers' and
Sailors' Children's Home.
(b) A juvenile court may not place a child in a home or facility that
is located outside Indiana unless:
(1) the placement is recommended or approved by the director of
the department or the director's designee; or
(2) the juvenile court makes written findings based on clear and
convincing evidence that:
(A) the out-of-state placement is appropriate because there is
not a comparable facility with adequate services located in
Indiana; or
(B) the location of the home or facility is within a distance not
greater than fifty (50) miles from the county of residence of
the child.
(c) If a dispositional decree under this section:
(1) orders or approves removal of a child from the child's home or
awards wardship of the child to the department; and
(2) is the first juvenile court order in the child in need of services
proceeding that authorizes or approves removal of the child from
the child's parent, guardian, or custodian;
the juvenile court shall include in the decree the appropriate findings
and conclusions described in IC 31-34-5-3(b) and IC 31-34-5-3(c).".
[EFFECTIVE JULY 1, 2009]: Sec. 2. (a) Except as otherwise provided
in this section and subject to:
(1) this chapter; and
(2) any other provisions of IC 31-34, IC 31-37, or other applicable
law relating to the particular program, activity, or service for
which payment is made by or through the department;
the department shall pay the cost of any child services provided by or
through the department for any child or the child's parent, guardian, or
custodian.
(b) The department shall pay the cost of returning a child under
IC 31-37-23.
(c) Except as provided under section 2.5 of this chapter, the
department is not responsible for payment of any costs of secure
detention.
(d) The department is not responsible for payment of any costs or
expenses for child services for a child if:
(1) the juvenile court has not entered the required findings and
conclusions in accordance with IC 31-34-5-3, IC 31-34-20-1,
IC 31-37-6-6, IC 31-37-19-1, or IC 31-37-19-6 (whichever is
applicable); and
(2) the department has determined that the child otherwise meets
the eligibility requirements for assistance under Title IV-E of the
federal Social Security Act (42 U.S.C. 670 et seq.).
(e) In all cases under this title, except as provided under
IC 31-34-20-1(a)(9), if the juvenile court orders services, programs, or
placements that:
(1) are not eligible for federal assistance under either Title IV-B
of the federal Social Security Act (42 U.S.C. 620 et seq.) or Title
IV-E of the federal Social Security Act (42 U.S.C. 670 et seq.);
and
(2) have not been recommended or approved by the department;
the department is not responsible for payment of the costs of those
services, programs, or placements.
(f) The department is not responsible for payment of any costs or
expenses for housing or services provided to or for the benefit of a
child placed by a juvenile court in a home or facility located outside
Indiana, if the placement does not comply with the conditions stated in
IC 31-34-20-1(b) or IC 31-37-19-3(b).
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. (a) Present economic
conditions in certain areas of certain cities are stagnant or deteriorating.
(b) Present economic conditions in such areas are beyond remedy
and control by existing regulatory processes because of the substantial
public financial commitments necessary to encourage significant
increases in economic activities in such areas.
(c) Economic development of certain reclaimed coal land near
the Blue Grass Fish and Wildlife Area and Interstate Highway 164
is vital for a county described in section 1(5) of this chapter.
(c) (d) Encouraging economic development in these areas will:
(1) attract new businesses and encourage existing business to
remain or expand;
(2) increase temporary and permanent employment opportunities
and private sector investment;
(3) protect and increase state and local tax bases; and
(4) encourage overall economic growth in Indiana.
(d) (e) Redevelopment and stimulation of economic development
benefit the health and welfare of the people of Indiana, are public uses
and purposes for which the public money may be spent, and are of
public utility and benefit.
(e) (f) Economic development in such areas can be accomplished
only by a coordinated effort of local and state governments.
(f) (g) This chapter shall be liberally construed to carry out the
purposes of this chapter and to provide the county and cities with
maximum flexibility to accomplish those purposes.
the proposed district. The plan must describe the local public
improvements necessary or appropriate for the redevelopment or
economic development.
(b) For a city described in section 1(2) or 1(3) of this chapter, the
proposed district must contain a commercial retail facility with at least
five hundred thousand (500,000) square feet, and any distributions
from the fund must be used in the area described in subsection (a) or
in areas that directly benefit the area described in subsection (a).
(c) For a city described in section 1(4) of this chapter, the proposed
district may not contain any territory outside the boundaries of a
redevelopment project area established within the central business
district of the city before 1985.
(d) For a county described in section 1(5) of this chapter, the
proposed district must be located completely or in part on
reclaimed coal land near the Blue Grass Fish and Wildlife Area
and Interstate Highway 164. However, the proposed district must
be at least one hundred (100) yards away from the boundaries of
the Blue Grass Fish and Wildlife Area.
the resolution to the board for approval. In submitting the
resolution to the board, the commission shall deliver to the board:
(1) the data required under section 14 of this chapter;
(2) the information concerning the proposed redevelopment
and economic development of the proposed district; and
(3) the proposed use of the revenues to be received under
section 23 of this chapter.
This information may be modified periodically after the initial
submission. The commission shall provide to the board any
additional information that the board requests.
(b) (c) Upon adoption of a resolution designating a district under
section 15 of this chapter, and upon approval of the resolution by the
board under subsection (a), the commission shall publish (in
accordance with IC 5-3-1) notice of the adoption and purport purpose
of the resolution and of the hearing to be held. The notice must provide
a general description of the boundaries of the district and state that
information concerning the district can be inspected at the
commission's office. The notice must also contain a date when the
commission will hold a hearing to receive and hear remonstrances and
other testimony from persons interested in or affected by the
establishment of the district. All affected persons, including all persons
or entities owning property or doing business in the district, shall be
considered notified of the pendency of the hearing and of subsequent
acts, hearings, adjournments, and resolutions of the commission by the
notice given under this section.
from the fund to the commission, to finance a local public improvement
under IC 36-7-14-25.1 or may make lease rental payments for a local
public improvement under IC 36-7-14-25.2 and IC 36-7-14-25.3. The
term of any bonds issued under this section may not exceed twenty (20)
twenty-five (25) years, nor may the term of any lease agreement
entered into under this section exceed twenty (20) twenty-five (25)
years. The commission shall transmit to the board, a transcript of the
proceedings with respect to the issuance of the bonds or the execution
and delivery of a lease agreement as contemplated by this section. The
transcript must include a debt service or lease rental schedule setting
forth all payments required in connection with the bonds or the lease
rentals.
(b) On January 15 of each year, the commission shall remit to the
treasurer of state the money disbursed from the fund that is credited to
the net increment account that exceeds the amount needed to pay debt
service or lease rentals and to establish and maintain a debt service
reserve under this chapter in the prior year and before May 31 of that
year. Amounts remitted under this subsection shall be deposited by the
auditor of state as other gross retail and use taxes are deposited.
(c) The commission in a city described in section 1(2) of this
chapter may distribute money from the fund only for the following:
(1) Road, interchange, and right-of-way improvements.
(2) Acquisition costs of a commercial retail facility and for real
property acquisition costs in furtherance of the road, interchange,
and right-of-way improvements.
(3) Demolition of commercial property and any related expenses
incurred before or after the demolition of the commercial
property.
(4) For physical improvements or alterations of property that
enhance the commercial viability of the district.
(d) The commission in a city described in section 1(3) of this
chapter may distribute money from the fund only for the following
purposes:
(1) For road, interchange, and right-of-way improvements and for
real property acquisition costs in furtherance of the road,
interchange, and right-of-way improvements.
(2) For the demolition of commercial property and any related
expenses incurred before or after the demolition of the
commercial property.
(e) The commission in a city described in section 1(4) of this
chapter may distribute money from the fund only for the following
purposes:
(1) For:
(A) the acquisition, demolition, and renovation of property;
and
(B) site preparation and financing;
related to the development of housing in the district.
(2) For physical improvements or alterations of property that
enhance the commercial viability of the district.
(f) The commission in a county described in section 1(5) of this
chapter may distribute money from the fund for the following
district project costs associated with the development or
redevelopment of the district:
(1) The total cost of acquisition of all land, rights-of-way, and
other property to be acquired, developed, or redeveloped for
the project.
(2) Site preparation, including utilities and infrastructure.
(3) Costs associated with the construction or establishment of
a museum and education complex and a multisport athletic
complex that are owned or leased by entities that are exempt
from income taxation under Section 501(c)(3) of the Internal
Revenue Code.
(4) Road, interchange, and right-of-way improvements.
(5) Public parking facilities.
(6) All reasonable and necessary architectural, engineering,
legal, financing, accounting, advertising, bond discount, and
supervisory expenses related to the acquisition and
development or redevelopment of the property or the issuance
of bonds.
(7) Debt service, lease payments, capitalized interest, or debt
service reserve for the bonds to the extent the commission
determines that a reserve is reasonably required.
of the SECTION of this act that amends IC 27-13-15-5.".
2009,".
Page 383, line 11, delete "July 1, 2009," and insert " October 1,
2009,".
Page 384, line 6, delete "July 1, 2009," and insert " October 1,
2009,".
Page 385, between lines 32 and 33, begin a new paragraph and
insert:
children's home on January 1, 2009:
(A) The individual is entitled to become an employee of the
children's home on the later of the following:
(i) July 6, 2009.
(ii) Seven (7) days after this act becomes law.
(B) The individual is entitled to have the individual's
service as an employee of the children's home before July
1, 2009, included for the purpose of computing all
applicable employment rights and benefits with the
department.
(7) All leases, liabilities, and obligations entered into by the
state department of health for the operation of the children's
home before July 1, 2009, that are legal and valid on July 1,
2009, are obligations of the department beginning July 1,
2009.
(e) Before July 16, 2009, the department with the cooperation of
the state department of health shall open the children's home and
offer all services provided by the children's home before the
children's home closure in May 2009 before the later of the
following:
(1) July 16, 2009.
(2) Fourteen (14) days after this act becomes law.
Any expenses incurred by the state department of health relating
to this subsection shall be reimbursed by the department from
funds available to administer or operate the children's home.
(f) Before the date the children's home opens under subsection
(e), the department shall offer placement to all children residing at
the children's home on January 1, 2009, and who meet the age
requirements under IC 20-22.5-2-11. Children admitted to the
children's home under this subsection shall be subject to any fees
and admission requirements in place on January 1, 2009, until the
fees or admission requirements are changed by an act of the
general assembly or the superintendent of the children's home with
the approval of the department.
(g) Notwithstanding any other statute or policy, before July 1,
2009, the state department of health shall not authorize the
removal, sale, or destruction of:
(1) instructional or residential equipment;
the member also ceases to be a member of the commission.
(h) A legislative member of the commission may be removed at
any time by the appointing authority who appointed the legislative
member.
(i) If a vacancy exists on the commission, the appointing
authority who appointed the former member whose position is
vacant shall appoint an individual to fill the vacancy.
(j) The commission shall submit to the legislative council in an
electronic format under IC 5-14-6:
(1) annual reports containing the commission's findings and
recommendations before November 1 of each year; and
(2) a final report of the results of its study before November
1, 2011.
(k) The Indiana criminal justice institute shall provide staff
support to the commission to prepare:
(1) minutes of each meeting; and
(2) the reports required by subsection (j).
(l) The legislative services agency shall provide staff support to
the commission to:
(1) advise the commission on legal matters, criminal
procedures, and legal research; and
(2) draft potential legislation.
(m) Each member of the commission is entitled to receive the
same per diem, mileage, and travel allowances paid to individuals
who serve as legislative and lay members, respectively, of interim
study committees established by the legislative council.
(n) The affirmative votes of a majority of all the members who
serve on the commission are required for the commission to take
action on any measure, including the final report.
(o) Except as otherwise specifically provided by this SECTION,
the commission shall operate under the rules of the legislative
council. All funds necessary to carry out this SECTION shall be
paid from appropriations to the legislative council and the
legislative services agency.
(p) This SECTION expires December 31, 2011.".
Renumber all SECTIONS consecutively.
(Reference is to HB 1001(ss) as introduced.)
and when so amended that said bill do pass.