This publication contains the digest of each of the 97 Senate Bills, 2 Senate Joint Resolutions, and the 158 House Bills that have been sent to the Governor during the 1997 regular session of the Indiana General Assembly. It also contains the 71 Senate Concurrent Resolutions and 96 House Concurrent Resolutions adopted by the General Assembly. It is not a compilation of new laws because the Governor may choose to veto a bill that is presented to him. A public law supplement that lists public law numbers, governor actions, and noteworthy corrections will be prepared in mid May, 1997, or shortly after the First Regular Technical Session adjourns (if one is held under IC 2-2.1-1-3). This publication and the supplement replace the Digest of Acts formerly published by this Agency.

    Two lists appear at the front of the publication. The lists group the bills by AUTHOR and by BILL NUMBER. An Indiana Code citations affected list and a subject index appear at the end of the publication.

    The OBDAR staff compiled this publication as quickly as possible after bills were agreed upon by both chambers. However, as of this date some of these enrolled acts had not been presented to the Governor. Please excuse any errors that this expedited schedule may have caused. This publication is accessible at the General Assembly home page at http:\\www.state.in.us\legislative\index.html. The public law supplement will also be available at this address. Please let us have your comments and suggestions.

Alexa    SB 265    Unlawful solicitation of clients for attorneys.
Alexa    SB 483    Solicitation of money from the public.
Borst    SB 170    Income taxation of team athletes.
Bray    SB 244    Defenses in criminal actions.
Bray    SB 485    Habitual traffic offender.
Bray    SB 305    Violation of financial responsibility law.
Bray    SB 115    Appropriation to counties for court fees.
Dempsey    SB 500    Prohibits use and distribution of nitrous oxide.
Dempsey    SB 95    Out-of-state beer storage and delivery.
Ford    SB 111    Access to high school student information.
Ford    SB 66    Smoking in certain public buildings.
Gard    SB 360    Environmental remediation.
Gard    SB 359    Underground storage tanks and remediation.
Gard    SB 340    Wastewater and drinking water loan programs.
Gard    SB 413    Municipal electric joint agencies.
Gard    SB 238    Regional transportation authorities.
Gard    SB 319    Clean manufacturing and pollution prevention.
Gard    SB 206    Air pollution permits.
Gard    SB 163    Commission on intergovernmental relations.
Gard    SB 297    Environmental rulemaking.
Gard    SB 292    Rural electric membership cooperatives.
Harrison    SB 327    Survivors' benefits.
Hume    SB 467    Interstate jobs protection compact.
Hume    SB 465    Group long term care insurance.
Hume    SB 169    Waste tires.
Johnson    SB 298    Community corrections advisory boards.
Johnson    SB 200    Howard County innkeeper's tax.
K. Adams    SB 18    Classified land.
Kenley    SB 12    Deceptive commercial solicitations.
Kenley    SB 8    Title 31 Recodification.
Kenley    SB 7    Technical corrections.
Kenley    SB 5    Title 31 Recodification.
Kenley    SB 400    Coordination of child services.
Landske    SB 139    Commuter rail and transportation study commission.
Landske    SB 140    Annexation.
Lawson    SB 31    Utility connections and land purchases.
Long    SB 414    ABC permits for tennis clubs.
Lubbers    SB 417    Inspection of commercial buses.
Meeks    SB 124    Prepaid funeral services and merchandise.
Meeks    SB 74    Hypnotists.
Meeks    SB 191    Ethics education for insurance agents.
Meeks    SB 472    State contracts.
Meeks    SB 75    Work group on lake problems.
Meeks    SB 41    Funding for local lake patrols.
Meeks    SB 148    Energy cost savings contracts.
Meeks    SB 217    Dissolution of conservancy districts.
Merritt    SB 372    Birth certificates and infant mortality.
Merritt    SB 418    Reuse area bonding.
Merritt    SB 277    Motor vehicles; offenses and financial responsibility.
Merritt    SB 226    Historical markers.
Miller     SB 309    Mental health informed consent.
Miller    SB 294    Medicaid emergency room reimbursement.
Miller    SB 130    Consecutive sentencing.
Miller    SB 135    Commission on the working poor.
Miller    SB 131    Nonsuspendible sentence for aggravated battery. Miller    SB 61    Sale of fetal tissue.
Miller    SB 347    Professions and occupations.
Miller    SB 185    Restricted psychology tests.
Mills    SB 427    Electric utility competition and deregulation.
Mills    SB 375    Tax credits for computer donations.
Mills    SB 207    Administration of tuberculosis hospital fund.
Nugent    SB 234    Uniform county innkeeper's tax.
Riegsecker    SB 224    Family and social services evaluation.
Riegsecker    SB 317    Developmental disabilities task force.
Riegsecker    SB 76    Extend family and social services.
Riegsecker    SB 316    Family support council.
Rogers    SB 144    Sex offenders and sex crime victims.
Server    SB 268    Local historic preservation commissions.
Server    SB 396    County police pensions.
Simpson    SB 178    Surplus computer hardware.
Simpson    SB 410    Access by disabled persons to buildings.
Simpson    SB 179    Sale of alcoholic beverages.
Simpson    SB 477    Planning councils.
Simpson    SB 478    Secondary material, infectious waste, and hazardous waste.
Simpson    SB 173    Uniform bulk sales law.
Sipes    SB 168    Protective orders.
Sipes    SB 498    Surplus library materials.
Skillman    SB 39    Battery against employees of penal facilities
Skillman    SB 278    Urban enterprise zones.
Skillman    SB 9    Public depositories and investments.
Skillman    SB 10    Optical imaging of financial records.
Weatherwax    SB 346    Public retirement funds and public employees.
Weatherwax    SB 194    Local government finance study commission.
Wheeler    SB 80    Historic preservation.
Wheeler    SB 184    Insurance coverage for diabetes.
Wheeler    SB 182    Professional licensing.
Wheeler    SB 215    Landowner liability to recreational users.
Wolf    SB 271    Telephone directory misrepresentation.
Worman    SB 457    Investments of life insurance companies.
Worman    SB 225    Coverage of newly born child.
Worman    SB 228    Collision damage waiver for rental cars.
Worman    SB 50    School reorganization.
Worman    SB 13    Tattooing a minor.
Wyss    SB 32    Alcoholic beverage permits.
Wyss    SB 281    Allen superior court.
Wyss    SB 405    Workforce development.
Wyss    SB 404    Drug and alcohol programs.

HB 1006    Dickinson    Criminal history information for school employees.
HB 1015    Crawford    Minority teachers scholarship fund.
HB 1021    Cook    Drainage board per diem.
HB 1036    Buell    Retired public employees.
HB 1041    Cook    Kankakee River basin commission.
HB 1044    V. Smith    Obsolete textbooks.
HB 1045    V. Smith    Zoning affidavit for auto dealership license.
HB 1051    Torr    Home health criminal background checks.
HB 1057    Kruse    Jury fees.
HB 1059    Kruse    Parental liability for damages.
HB 1067    Ruppel    Parking for persons with disabilities; enforcement.
HB 1072    Grubb    City and town court judges.
HB 1079    GiaQuinta    Abandoned vehicles.
HB 1081    Duncan    Definition of autism.
HB 1084    Porter    Machine guns.
HB 1085    Whetstone    Area plan commissions.
HB 1087    Whetstone    Nonresident pharmacies.
HB 1092    Pond    Mediation in dissolution actions.
HB 1096    Davis    Seizure of a biting animal.
HB 1102    Cook    Vapor pressure testing.
HB 1103    Cook    Motor carrier regulations.
HB 1109    Alevizos    Maintaining status as second class city.
HB 1117    Bailey    Liens for unpaid sewer bills.
HB 1139    Grubb    Mortgage releases.
HB 1141    Avery    Excess property levy appeals.
HB 1150    L. Lutz    Police and firefighter residency.
HB 1158    Scholer    Public purchasing and contracting.
HB 1160    Buck    Loss of a fetus.
HB 1166    Fry    Indiana transportation finance authority powers.
HB 1171    Mangus    Natural resources matters.
HB 1177    Crawford    Marion County taxes for capital improvements.
HB 1181    Crawford    Lead hazard prevention.
HB 1182    Crawford    Notarization of civil rights complaints.
HB 1185    Frizzell    Partial birth abortion.
HB 1196    Frenz    Roller skating rink liability.
HB 1202    Frenz    County cemetery commission annual reports.
HB 1206    Hasler    Vanderburgh County airport development zone.
HB 1218    Lytle    Eligibility for federal fish and wildlife funds.
HB 1223    Avery    Preadmission screening program.
HB 1230    Steele    Impersonation of a public servant.
HB 1232    Grubb    Anatomical gifts.
HB 1241    Tabaczynski    Sale of life insurance by state financial institutions.
HB 1251    Grubb    Recreation and land management
HB 1255    Duncan    Foster parent qualifications.
HB 1257    Dobis    Offsite sales licenses for motor vehicle dealers.
HB 1264    Warner    Industrial rail service fund.
HB 1265    Burton    Same sex marriage.
HB 1273    Summers    Medicaid waivers.
HB 1275    Leuck    Precinct election officer.
HB 1277    Leuck    Water resources study committee. HB 1284    Foley    Various probate matters.
HB 1298    C. Brown    Council on black and minority health.
HB 1300    C. Brown    Alzheimer's and dementia special care.
HB 1301    Ayres    Open burning exemption.
HB 1322    Richardson    Cicero and Jackson Township planning commission.
HB 1325    Fry    Corporate procedures of insurance companies.
HB 1339    Bales    Various solid waste matters.
HB 1344    Stilwell    Sewer, sanitation, and fire protection.
HB 1345    Stilwell    Coal mining permits and certificates.
HB 1358    Klinker    Indiana arts commission fund.
HB 1361    T. Adams    Police and firefighter pensions.
HB 1363    Porter    Twenty-first century scholars program.
HB 1364    Fry    Insurance study committees.
HB 1369    Linder    Sewer and water utility deregulation.
HB 1370    Linder    Public notices.
HB 1387    Kromkowski    Pension benefits.
HB 1400    Crosby    Parity for mental health coverage.
HB 1402    Behning    Osteopathic residency training and certification.
HB 1404    Behning    Distribution of legislative publications.
HB 1406    Ruppel    Loan funds and gambling deposits.
HB 1425    Day    Individual development accounts.
HB 1431    Villalpando    Regulated amusement devices.
HB 1433    Ayres    State parks.
HB 1434    Ayres    Park board member compensation.
HB 1468    Budak    Local government.
HB 1476    Klinker    Public indecency and voyeurism.
HB 1487    Goeglein    Property tax collection procedures.
HB 1498    Crosby    Mental health.
HB 1501    Leuck    Optional innkeeper's tax for White County.
HB 1504    L. Lutz    Definition of brandy.
HB 1510    Buell    Beech Grove property tax base.
HB 1520    Ayres    Distribution of the Indiana Code.
HB 1536    Lytle    Revises the cemetery law.
HB 1539    Friend    County auditor duties and immunity.
HB 1541    Wolkins    Foundry sand and special waste.
HB 1542    Ayres    Various local government matters.
HB 1555    Lytle    Port authority members.
HB 1570    Crawford    Neighborhood assistance credit increase.
HB 1575    T. Adams    Fire and building safety.
HB 1583    Kruzan    Environmental insurance.
HB 1584    Kromkowski    State administration.
HB 1587    Avery    University of Evansville real property.
HB 1589    Klinker    Various adoption matters.
HB 1597    T. Brown    Medicaid eligibility and asset disregard.
HB 1611    V. Smith    Teacher licensing.
HB 1619    Tabaczynski    State chartered savings associations.
HB 1630    Klinker    Assisted living facilities.
HB 1633    Klinker    Historic preservation.
HB 1636    Crooks    Titles and dealer plates.
HB 1637    Crooks    Utility regulatory commission.
HB 1655    Heeke    Powers of national banks authorized for state banks.
HB 1661    C. Brown    School corporations.
HB 1663    C. Brown    Grievance procedures for managed health care plans.
HB 1669    Bischoff    Trapping and handguns.
HB 1671    Becker    Law enforcement animals. HB 1677    Villalpando    Courts and legal education and services.
HB 1678    Villalpando    Testimony of chiropractors.
HB 1684    Steele    Breast reconstruction insurance coverage.
HB 1686    Friend    Military base utility regulation.
HB 1689    Bales    Indiana tourism council.
HB 1700    Crawford    Release of mental health records.
HB 1710    V. Smith    Commission on the social status of black males.
HB 1711    V. Smith    Sewer fees.
HB 1712    Grubb    Powers of the commissioner of agriculture.
HB 1714    Bottorff    Fire protection and vehicle inspection.
HB 1723    Warner    Educational proficiency statements.
HB 1728    Bosma    Nuisance actions.
HB 1730    Bosma    Various environmental matters.
HB 1734    Tincher    Public retirement funds.
HB 1758    Tabaczynski    Consumer credit.
HB 1775    Mahern    Various matters concerning financial institutions.
HB 1777    Bauer    Property and income tax reductions.
HB 1781    Bauer    Various tax matters.
HB 1783    Bauer    Property taxation.
HB 1784    Bauer    Various tax matters.
HB 1785    Bauer    Fuel and aircraft excise taxes.
HB 1796    Bischoff    Landowner's right to hunt and fish.
HB 1807    Budak    Paternity and visitation.
HB 1811    Kersey    Local emergency planning committees.
HB 1814    Tincher    Drug dealer liability.
HB 1815    Tincher    Deceptive sales.
HB 1820    Ruppel    Per diem for TRF board members.
HB 1826    Gulling    County hospitals.
HB 1829    Leuck    Sales and use tax.
HB 1844    Kromkowski    Election law.
HB 1845    Dobis    State police holding elected office.
HB 1846    Linder    Oversized vehicles.
HB 1865    Hasler    Statewide 800 MHz public safety trunking system.
HB 1874    Fry    Various secretary of state provisions.
HB 1875    Espich    Securities law.
HB 1915    Grubb    Various agricultural matters.
HB 1917    Scholer    Regional water, sewage, and solid waste districts.
HB 1921    Klinker    DDARS services.
HB 1925    Cook    Evidence of intoxication.
HB 1929    Cook    Road test and motor vehicle registration.
HB 1934    Ripley    Maumee River basin commission.
HB 1945    Kruzan    Enhanced access and digital signatures.
HB 1949    Alderman    Alcoholic beverage permits.
HB 1961    Klinker    Health and social work licensure.
HB 1968    Alevizos    Interest in unclaimed property.
HB 1969    Alevizos    Elective office for ABC permittees.
HB 1992    Kuzman    Administrative orders and environmental matters.
HB 1998    Avery    Accounting certification.
HB 2008    Marendt    County police pensions.
HB 2010    Porter    Community corrections.
HB 2013    Bailey    Emergency rulemaking power.
HB 2014    Bailey    Temporary license plates.
HB 2016    Cook    Local infrastructure revolving fund.

SB 5    Kenley    Title 31 Recodification.
SB 7    Kenley    Technical corrections.
SB 8    Kenley    Title 31 Recodification.
SB 9    Skillman    Public depositories and investments.
SB 10    Skillman    Optical imaging of financial records.
SB 12    Kenley    Deceptive commercial solicitations.
SB 13    Worman    Tattooing a minor.
SB 18    K. Adams    Classified land.
SB 31    Lawson    Utility connections and land purchases.
SB 32    Wyss    Alcoholic beverage permits.
SB 39    Skillman    Battery against employees of penal facilities
SB 41    Meeks    Funding for local lake patrols.
SB 50    Worman    School reorganization.
SB 61    Miller    Sale of fetal tissue.
SB 66    Ford    Smoking in certain public buildings.
SB 74    Meeks    Hypnotists.
SB 75    Meeks    Work group on lake problems.
SB 76    Riegsecker    Extend family and social services.
SB 80    Wheeler    Historic preservation.
SB 95    Dempsey    Out-of-state beer storage and delivery.
SB 111    Ford    Access to high school student information.
SB 115    Bray    Appropriation to counties for court fees.
SB 124    Meeks    Prepaid funeral services and merchandise.
SB 130    Miller    Consecutive sentencing.
SB 131    Miller    Nonsuspendible sentence for aggravated battery.
SB 135    Miller    Commission on the working poor.
SB 139    Landske    Commuter rail and transportation study commission.
SB 140    Landske    Annexation.
SB 144    Rogers    Sex offenders and sex crime victims.
SB 148    Meeks    Energy cost savings contracts.
SB 163    Gard    Commission on intergovernmental relations.
SB 168    Sipes    Protective orders.
SB 169    Hume    Waste tires.
SB 170    Borst    Income taxation of team athletes.
SB 173    Simpson    Uniform bulk sales law.
SB 178    Simpson    Surplus computer hardware.
SB 179    Simpson    Sale of alcoholic beverages.
SB 182    Wheeler    Professional licensing.
SB 184    Wheeler    Insurance coverage for diabetes.
SB 185    Miller    Restricted psychology tests.
SB 191    Meeks    Ethics education for insurance agents.
SB 194    Weatherwax    Local government finance study commission.
SB 200    Johnson    Howard County innkeeper's tax.
SB 206    Gard    Air pollution permits.
SB 207    Mills    Administration of tuberculosis hospital fund.
SB 215    Wheeler    Landowner liability to recreational users.
SB 217    Meeks    Dissolution of conservancy districts.
SB 224    Riegsecker    Family and social services evaluation.
SB 225    Worman    Coverage of newly born child.
SB 226    Merritt    Historical markers.
SB 228    Worman    Collision damage waiver for rental cars.
SB 234    Nugent    Uniform county innkeeper's tax.
SB 238    Gard    Regional transportation authorities.
SB 244    Bray    Defenses in criminal actions.
SB 265    Alexa    Unlawful solicitation of clients for attorneys. SB 268    Server    Local historic preservation commissions.
SB 271    Wolf    Telephone directory misrepresentation.
SB 277    Merritt    Motor vehicles; offenses and financial responsibility.
SB 278    Skillman    Urban enterprise zones.
SB 281    Wyss    Allen superior court.
SB 292    Gard    Rural electric membership cooperatives.
SB 294    Miller    Medicaid emergency room reimbursement.
SB 297    Gard    Environmental rulemaking.
SB 298    Johnson    Community corrections advisory boards.
SB 305    Bray    Violation of financial responsibility law.
SB 309    Miller     Mental health informed consent.
SB 316    Riegsecker    Family support council.
SB 317    Riegsecker    Developmental disabilities task force.
SB 319    Gard    Clean manufacturing and pollution prevention.
SB 327    Harrison    Survivors' benefits.
SB 340    Gard    Wastewater and drinking water loan programs.
SB 346    Weatherwax    Public retirement funds and public employees.
SB 347    Miller    Professions and occupations.
SB 359    Gard    Underground storage tanks and remediation.
SB 360    Gard    Environmental remediation.
SB 372    Merritt    Birth certificates and infant mortality.
SB 375    Mills    Tax credits for computer donations.
SB 396    Server    County police pensions.
SB 400    Kenley    Coordination of child services.
SB 404    Wyss    Drug and alcohol programs.
SB 405    Wyss    Workforce development.
SB 410    Simpson    Access by disabled persons to buildings.
SB 413    Gard    Municipal electric joint agencies.
SB 414    Long    ABC permits for tennis clubs.
SB 417    Lubbers    Inspection of commercial buses.
SB 418    Merritt    Reuse area bonding.
SB 427    Mills    Electric utility competition and deregulation.
SB 457    Worman    Investments of life insurance companies.
SB 465    Hume    Group long term care insurance.
SB 467    Hume    Interstate jobs protection compact.
SB 472    Meeks    State contracts.
SB 477    Simpson    Planning councils.
SB 478    Simpson    Secondary material, infectious waste, and hazardous waste.
SB 483    Alexa    Solicitation of money from the public.
SB 485    Bray    Habitual traffic offender.
SB 498    Sipes    Surplus library materials.
SB 500    Dempsey    Prohibits use and distribution of nitrous oxide.

Author(s): Dickinson; Budak; Dvorak; T. Adams

Sponsor(s): Server; Landske

Citations Affected: IC 20-5; IC 20-6.1; IC 20-9.1.

Effective: July 1, 1997.

Criminal history information for school employees. Requires a school corporation to adopt a policy concerning obtaining criminal history information for individuals who apply for: (1) noncertificated employment with the school corporation; or (2) employment with an entity that provides contractual services for a school corporation; if the individual's employment would place the individual in direct, ongoing contact with children. Allows a school corporation or contracting entity to use limited criminal history information relating to certain offenses as grounds for not hiring or making other decisions regarding the employment of a person if the information is relevant to the person's position with the school corporation or contracting entity. Requires an individual who is convicted of certain offenses while an employee of a school corporation or a contracting entity to notify the school corporation's governing body. Requires an individual who is seeking licensure or renewal of licensure as a teacher to provide criminal history information to the professional standards board. Restricts the release of criminal history information to a school corporation pertaining to an applicant to limited criminal history information. Provides that the school corporation's policy concerning obtaining limited criminal history information for certain employees may allow a school corporation to request limited criminal history information concerning each applicant for noncertificated employment before or not later than three months after the applicant's employment by the school corporation. (02)

HB 1015

Author(s): Crawford; Warner; Porter

Sponsor(s): Adams; Howard

Citations Affected: IC 20-12-21.7-8.

Effective: July 1, 1997.

Minority teachers scholarship fund. Provides that the order of priority in awarding scholarships from the minority teacher or special education services scholarship fund is as follows: (1) Minority students seeking a renewal scholarship. (2) Newly enrolling minority students. (3) Special education services students seeking a renewal scholarship. (4) Newly enrolling special education services students. (71)

HB 1021

Author(s): Cook

Sponsor(s): Skillman; Wolf
Citations Affected: IC 36-2-7-13.

Effective: July 1, 1997.

Drainage board per diem. Removes a provision that conflicts with another local government provision that allows members of the county executive who are county drainage board members a per diem in an amount fixed by the county fiscal body for work performed on the county drainage board. (87)

HB 1036

Author(s): Buell; Kromkowski

Sponsor(s): Harrison; Weatherwax; O'day; Craycraft

Citations Affected: IC 5-10; noncode.

Effective: July 1, 1996 (retroactive); upon passage.

Retired public employees. Sets limitations consistent with state constitutional requirements on public retirement fund investments. Makes technical changes to P.L.68-1995, which provided a supplemental thirteenth check benefit to certain retired public employees. (79)

HB 1041

Author(s): Cook; Ruppel; Leuck; Mangus

Sponsor(s): Landske; Alexa

Citations Affected: IC 14-30-1; noncode.

Effective: July 1, 1997.

Kankakee River basin commission. Provides that the Kankakee River basin commission is to include, from each county: (1) the county surveyor or an employee of the county surveyor appointed by the county surveyor to represent the county surveyor on the commission; (2) one member of the board of supervisors of the soil and water conservation district, appointed by the supervisors of the soil and water conservation district; and (3) one member appointed by the county executive. Provides that a vacancy in a commission member's position shall be filled through the appointment of a replacement by the appointing authority. Requires the commission to hold regular meetings at least bimonthly. Eliminates the authority of a member of the commission to vote by proxy. Requires the commission to expend money appropriated to the commission for the purpose for which the money was appropriated. (02)

HB 1044

Author(s): V. Smith; Robertson; Ayres
Sponsor(s): Miller; Rogers; Breaux

Citations Affected: IC 20-10.1.

Effective: July 1, 1997.

Obsolete textbooks. Requires a school corporation before mutilating or destroying textbooks that are no longer scheduled for use in the school corporation to provide one textbook at no cost to each parent having a student enrolled in the school corporation who wishes to receive a copy of the textbook, and, if any textbooks remain after the distribution to parents, a copy to each resident of the school corporation who wishes to receive a copy of the textbook. (02)

HB 1045

Author(s): V. Smith; Harris; Frizzell; Behning

Sponsor(s): Gard; Rogers; Randolph

Citations Affected: IC 9-23.

Effective: July 1, 1997.

Zoning affidavit for auto dealership license. Provides that when an automobile dealer in the city of Gary applies for an automobile dealer's license from the bureau of motor vehicles, the dealer must submit an affidavit from the local zoning authority stating that the real property where the dealership is to be located is zoned for that purpose. Requires an automobile dealer in Gary who is seeking a change of location for a dealership to submit a similar zoning affidavit for the proposed new location. (58)

HB 1051

Author(s): Torr; Grubb

Sponsor(s): Lubbers; Sipes; Landske; Zakas

Citations Affected: IC 16-27.

Effective: Upon passage.

Home health criminal background checks. Provides that a home health agency may not employ a person to work in a patient's or client's home for more than three business days unless the person who operates the home health agency applies for a copy of the employee's limited criminal history. Prohibits a home health agency from employing a person for more than 21 calendar days unless the home health agency receives a copy of the person's limited criminal history, unless the Indiana central repository for criminal history information is solely responsible for failing to timely provide the person's limited criminal history to the home health agency. (88)

HB 1057

Author(s): Kruse; Crooks; Stevenson; Frenz

Sponsor(s): Worman; Randolph; Washington

Citations Affected: IC 33-19.

Effective: July 1, 1997.

Jury fees. Increases the amount jurors are paid while serving to $15 per day and to $40 per day after the jury is impaneled. Removes the maximum limitation on the amount a county, city, or town may pay as a supplement to a juror's pay. Establishes the jury pay fund. Imposes a $2 court fee on criminal and civil actions, to be deposited into the jury pay fund. Increases by $2 the amount of the deferral program initial user's fee imposed in place of an infraction or ordinance violation costs fee upon agreement between the prosecuting attorney or municipal attorney and the person charged with a violation. Requires that the additional $2 be deposited in the jury pay fund.
(41)

HB 1059

Author(s): Kruse; D. Young

Sponsor(s): Meeks

Citations Affected: IC 34-4-31-1.

Effective: July 1, 1997.

Parental liability for damages. Increases a parent's liability for damages resulting from a child's acts from a maximum of $3,000 to a maximum of $5,000. (95)

HB 1067

Author(s): Ruppel; Stevenson; Kromkowski; Torr

Sponsor(s): Landske; Randolph; Johnson; Craycraft

Citations Affected: IC 5-16.

Effective: July 1, 1997.

Parking for persons with disabilities; enforcement. Establishes qualifications that persons must meet to be appointed as volunteers for purposes of issuing citations for violation of disabled parking statutes. Specifies that volunteers do not have powers of a law enforcement officer except those needed to enforce the laws concerning parking facilities for persons with physical disabilities. Specifies that a law enforcement agency that appoints a volunteer to enforce violations of disabled parking statutes may revoke the certificate issued to the volunteer, terminating the volunteer's enforcement powers. Requires a law enforcement agency to obtain the permission of the property owner or the property manager before a volunteer may issue a complaint and summons on the owner's property. Provides that a property owner is not liable for any property damage or personal injury resulting from the actions of a volunteer in issuing a complaint and summons. (71)

HB 1072

Author(s): Grubb

Sponsor(s): Bray; Alexa; Randolph

Citations Affected: IC 3-8; IC 33-10.1.

Effective: July 1, 1997.

City and town court judges. Requires a candidate for judge of a city court (other than a city court in St. Joseph County) to reside in the city when a declaration of candidacy is filed. (Current law applies this requirement only to candidates for city judge in second class cities.) Requires that the judge of any city or town court located in Lake County be an attorney. (Current law requires that judges of the East Chicago, Gary, and Hammond city courts be attorneys.) Allows a candidate for the office of city judge who is selected to fill a candidate vacancy to reside outside the city if the candidate resides in the county where the city is located. Removes a provision granting felony jurisdiction to certain city and town courts in Lake County, and limiting the amount of fine that these courts may impose. (41)

HB 1079

Author(s): GiaQuinta; Goeglein; Alevizos; Hasler

Sponsor(s): Long; Wyss

Citations Affected: IC 9-13; IC 9-22; IC 9-29.

Effective: July 1, 1997.

Abandoned vehicles. Specifies that a mechanically inoperable vehicle that is left on private property continuously in a location visible from public property for 20 days (instead of 30) is considered an abandoned vehicle if the vehicle is at least three model years old (instead of six model years old). Allows a municipality to adopt an ordinance that alters the permissible estimated value of an abandoned vehicle before it may be immediately disposed of in an automobile scrapyard. Increases the number of days from 15 to 20 in which the owner of a motor vehicle may claim the motor vehicle before it is determined to be abandoned and sold at an auction. (In Indianapolis or Marion county the owner of a motor vehicle has 15 days to claim the motor vehicle before it is determined to be abandoned and sold at auction.) Corrects an incorrect cross reference to the abandoned motor vehicle law. (89)

HB 1081

Author(s): Duncan; Summers

Sponsor(s): Worman; Bowser

Citations Affected: IC 12-7; IC 12-11.

Effective: July 1, 1997.

Definition of autism. Amends the definitions of "autistic" and "autism" to specify that the terms describe a disorder that is neurological. (76)

HB 1084

Author(s): Porter

Sponsor(s): Meeks

Citations Affected: IC 35-41-1-18.3.

Effective: July 1, 1997.

Machine guns. Provides that for purposes of criminal law, a machine gun is a weapon that: (1) shoots; or (2) can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. (69)

HB 1085

Author(s): Whetstone

Sponsor(s): Lawson

Citations Affected: IC 36-7-4-207.

Effective: July 1, 1997.

Area plan commissions. Provides that six county representatives shall be appointed to an area plan commission if the total number of municipal representatives is an odd number. Provides that five county representatives shall be appointed to an area plan commission if the total number of municipal representatives is an even number. (94)

HB 1087

Author(s): Whetstone; Grubb; Crooks

Sponsor(s): Gard; Washington

Citations Affected: IC 25-26.

Effective: July 1, 1997.

Nonresident pharmacies. Requires out-of-state pharmacies that dispense drugs or devises through the mail or other delivery services to patients in Indiana (nonresident pharmacies) to register in Indiana. Provides specific items a nonresident pharmacy must submit to the Indiana board of pharmacy to register. Requires nonresident pharmacies to keep distinct business records of Indiana transactions. Requires nonresident pharmacies to maintain a toll-free telephone service to facilitate communications with Indiana customers. Provides circumstances under which the Indiana board of pharmacy may deny, revoke, or suspend the registration of a nonresident pharmacy. Requires nonresident pharmacies to comply with the laws of the state in which it is domiciled. (93)

HB 1092

Author(s): Pond; GiaQuinta

Sponsor(s): Long; Alexa

Citations Affected: IC 31-1; noncode.

Effective: July 1, 1997.

Mediation in dissolution actions. Makes changes regarding dissolution actions, including the following: (1) Allows courts to refer to mediation actions for dissolution of marriage, separation, maintenance, child custody, visitation, support, property disposition, and other family law actions.(2) Requires the mediation process to be completed within 60 days, unless an extension of time is ordered by the court upon its own motion, upon recommendation of the mediator, or upon agreement of the parties. Specifies that an extension of time may not be agreed to beyond the date set for the final hearing. (3) Requires the court to place on the docket for final hearing a case that is ordered to mediation. (4) Requires the mediator to promptly file the mediation report upon completion of the mediation process. (5) Beginning January 1, 1998, and ending July 1, 2000, allows the filing fee for dissolution actions in the Allen circuit and superior courts to be increased from $100 to $120, upon approval by the Indiana judicial conference. Provides for the amount of the increased funds to be deposited into an alternative dispute resolution fund, administered by the circuit or superior court, to be used to foster mediation, reconciliation, parental counseling, and other forms of alternative dispute resolution. Requires litigants referred to services covered by the alternative dispute resolution fund to make a copayment for the services in an amount determined by the court. (41)

HB 1096
Author(s): Davis; Bischoff; Ripley; Stilwell

Sponsor(s): Jackman; Lawson; Nugent; R. Young

Citations Affected: IC 4-21.5-4-5; IC 15-2.1-6.

Effective: July 1, 1997.

Seizure of a biting animal. Provides that the state veterinarian, the local health officer having jurisdiction, or an individual designated by the state veterinarian or local health officer may: (1) order the confinement of any animal suspected of having rabies; (2) order the confinement of any animal that has bitten or otherwise exposed a person; (3) order the confinement and destruction of any animal showing clinical symptoms of rabies; or (4) order the confinement and destruction of any animal that has bitten or otherwise potentially exposed a person to rabies. Provides that any animal that has been bitten by another animal known or suspected to have rabies may be confined for a period of not more than 12 months. Requires the state veterinarian, the local health officer, or a designee of either to take specified actions upon receiving a report that an animal subject to an order is running at large. Provides that an order issued under the statute relating to the control of rabies is an emergency order for purposes of the administrative adjudication act. Provides that such an order does not expire. (55)

HB 1102

Author(s): Cook

Sponsor(s): Riegsecker

Citations Affected: IC 16-44.

Effective: July 1, 1997.

Vapor pressure testing. Amends certain provisions concerning state testing of petroleum product vapor pressure. (93)

HB 1103

Author(s): Cook

Sponsor(s): Riegsecker; Hume

Citations Affected: IC 8-2.1.

Effective: July 1, 1997.

Motor carrier regulations. Provides certain exemptions from federal motor carrier regulations to intrastate cargo tank vehicles with a capacity of not more than 5,400 gallons and for drivers transporting farm supplies intrastate during the planting and harvesting season. (71)

HB 1109

Author(s): Alevizos; Harris; Villalpando; D. Young

Sponsor(s): Ford; Bowser; Kenley

Citations Affected: IC 7.1-3-1-25; IC 36-4.

Effective: July 1, 1997.

Maintaining status as second class city. Allows a second class city to maintain second class city status after the city's population falls below the second class city population level, unless the city legislative body adopts third class city status by ordinance. Provides that a second class city may permit the retail sale of alcoholic beverages upon the premises of a stadium, exhibition hall, auditorium, theater, convention center, or civic center owned by the second class city if the governing board of the second class city applies for and secures the necessary permits. Requires that for Plainfield in Hendricks County to annex territory under IC 36-4-3-4.1, all of the territory to be annexed must be within the township in which Plainfield is located. (94)

HB 1117

Author(s): Bailey

Sponsor(s): Skillman; Randolph;

Citations Affected: IC 36-9.

Effective: July 1, 1997.

Liens for unpaid sewer bills. Provides for a quarterly listing of delinquent sewage fees to be made in order to place liens against the properties accruing the delinquent fees. (Current law provides for a semiannual listing.) Allows a fee or penalty for delinquent sewage fees of less than $40 to be written off. (89)

HB 1139

Author(s): Grubb; D. Young

Sponsor(s): Paul; McCarty

Citations Affected: IC 32-8-1-2.

Effective: July 1, 1997.

Mortgage releases. Provides that any mortgage holder or lien holder may be liable for a sum not exceeding $500 for failure to release the mortgage or lien after the debt and interest that the mortgage or lien secures have been paid. (Current law provides that only a mortgage holder or lien holder who resides within Indiana is liable for a sum not exceeding $500 for failure to release the mortgage or lien after the debt and interest that the mortgage or lien secures have been paid.). Specifies that an owner, a holder, or a custodian of the mortgage or lien who records the mortgage or lien in Indiana must submit to the jurisdiction of Indiana courts in certain actions that concern the mortgage or lien. (87)

HB 1141

Author(s): Avery; Becker; Hasler; L. Lutz

Sponsor(s): Server; O'day

Citations Affected: Noncode.

Effective: January 1, 1997 (retroactive).

Excess property levy appeals. Allows Armstrong Township of Vanderburgh County to appeal to the state board of tax commissioners to increase the maximum permissible levy of the township for three years for fire protection within the township. Allows the state board of tax commissioners to issue instructions concerning delays in the calculation and notice for the tax in the first year of the increase. Provides for an additional increase in the levy for the second year if a loan is taken to pay for fire protection services in the first year. Allows the township to transfer up to $18,000 from its general fund to its firefighting fund. (94)

HB 1150

Author(s): L. Lutz; T. Adams

Sponsor(s): Server

Citations Affected: IC 36-8.

Effective: January 1, 1999.

Police and firefighter residency. Requires a member of a police or fire department to reside within the county where the police or fire department is located or within a county contiguous to the county in which the police or fire department is located. Allows a municipality with a population of less than 7,500 to adopt an ordinance requiring a member of the municipality's police or fire department to: (1) reside within the county in which the municipality is located; (2) have adequate means of transportation into the municipality; and (3) maintain in the member's residence telephone service with the municipality. Allows a municipality with a population of less than 7,500 that adopted an ordinance before September 1, 1984, also to require a member of a police or fire department to reside within the municipality until the member has served in the department for five years. Prohibits a municipality with a population of less than 7,500 from adopting an ordinance that requires a member of the municipality's police or fire department to live within the county if the member lived outside of the county at the time the ordinance was adopted. (87)

HB 1158
Author(s): Scholer; Kruzan; Goeglein; Porter

Sponsor(s): Meeks; Skillman; R. Young; Howard

Citations Affected: Numerous provisions throughout the Indiana code.

Effective: July 1, 1997; July 1, 1998.

Public purchasing and contracting. Combines and revises the statutes governing the purchase of supplies by state and local governmental bodies, including provisions relating to: (1) governmental purchasing organizations; (2) specifications; (3) purchasing methods; (4) purchasing preferences; (5) qualifications of prospective contractors; (6) contract provisions; and (7) disposition of surplus government personal property. Repeals superseded statutes. Relocates other substantive statutes. Makes technical changes. (75)

HB 1160

Author(s): Buck; M. Young; Cook; Alderman; Steele; Kruse; Turner

Sponsor(s): Bray; Worman

Citations Affected: IC 35-41-1-25; IC 35-42-1; IC 35-50-2-9.

Effective: July 1, 1997.

Loss of a fetus. Provides that the loss of a fetus is a serious bodily injury for purposes of criminal law. Provides that a person who causes the loss of a fetus commits aggravated battery, a Class B felony. Provides that a person who knowingly or intentionally kills a fetus that has attained viability commits murder. Provides that a person who knowingly or intentionally kills a fetus that has attained viability while acting under sudden heat commits voluntary manslaughter, a Class B felony. Provides that a person who kills a fetus while committing or attempting to commit: (1) a Class C or Class D felony that inherently poses a risk of serious bodily injury; (2) a Class A misdemeanor that inherently poses a risk of serious bodily injury; or (3) battery commits involuntary manslaughter, a Class C felony. Makes the offense a Class D felony if it is results from the operation of a vehicle. Provides certain exceptions for legally performed abortions. Allows the fact that a victim of a murder was pregnant and the murder resulted in the intentional killing of a fetus that had attained viability to be used as an aggravating circumstance when determining if the defendant should receive a death sentence or a sentence of life imprisonment without parole. (41)

HB 1166

Author(s): Fry

Sponsor(s): Zakas; Riegsecker; Washington; Landske; K. Adams

Citations Affected: IC 8-15; IC 8-23.
Effective: July 1, 1997.

Indiana transportation finance authority powers. Allows the Indiana transportation finance authority, in cooperation with the Indiana department of transportation or a political subdivision, to construct or finance the construction of an arterial street that is located within ten miles of a toll road project, if the arterial street interchanges with a toll road project or intersects with a road or a street that interchanges with a toll road project. (Under current law, the arterial street must be located within four miles of a toll road project.) Designates part of Capital Avenue in or near Mishawaka as State Route 331. Provides that certain named funds must be exhausted before funds designated to the Indiana department of transportation may be used for construction or improvement of State Route 331. (75)

HB 1171

Author(s): Mangus; Bischoff; Frenz

Sponsor(s): Wheeler; Lewis

Citations Affected: IC 14-8; IC 14-15-6-1; IC 14-22-14; IC 14-32; noncode.

Effective: January 1, 1997 (retroactive); May 15, 1997; July 1, 1997.

Natural resources matters. (1) Repeals the law on the organization of soil and water conservation districts (SWCD) and the law on the dissolution of soil and water conservation districts. Establishes a new petition and election process for the dissolution of a SWCD or the reestablishment of a SWCD with new boundaries incorporating territory that was formerly part of another SWCD. Eliminates the requirement that an individual must be a landowner in order to file a petition or vote in an election concerning a SWCD. Provides that an individual may not become an elected supervisor of a SWCD unless the individual is an occupier of at least ten acres of land located within the SWCD and maintains a permanent residence within the SWCD. Provides that an individual may not become an appointed supervisor of a SWCD unless the individual is of voting age and maintains a permanent residence within the SWCD. Allows the annual meeting of a SWCD to be held at any time during the first quarter of the calendar year. Requires the supervisors of a SWCD to provide a copy of the annual report of the SWCD to the state soil conservation board. Provides that the members of the state soil conservation board elect the chairman. Provides that, in a legal action concerning a contract, proceeding, or action of a SWCD, a district's certificate of organization is admissible in evidence as proof of the filing and contents of the certificate and creates a presumption of the proper establishment of the SWCD. Makes additional changes in the law on SWCDs. (2) Provides that a certificate of inspection and registration of a boat that carries passengers for hire expires one calendar year after the date on which the boat was inspected. (3) Provides that holders of commercial fishing licenses may place a license on reserved status for an annual fee of $25. Provides that reserved commercial fishing licenses may not be used, merged, or transferred. Permits a person that has renewed a commercial fishing license for 1997 to receive a refund of the difference in the fee if the person changes the status from renewed to reserved. (4) Requires the department of natural resources to report to the house and senate natural resources committees on the status of yellow perch in Lake Michigan. (5) Requires the DNR to address the issue of the impact on local governments of the withdrawal of property from taxation under the heritage trust program by participating in oversight reviews and studies conducted by the legislative council's agricultural matters evaluation committee, the natural resources study committee, the heritage trust project committee, and the citizens' tax commission established by the governor. Requires the DNR to present a report on this subject to the general assembly not later than November 1, 1997. (55)

HB 1177

Author(s): Crawford

Sponsor(s): Borst; Howard

Citations Affected: IC 6-6; IC 6-9.

Effective: January 1, 1997 (retroactive); upon passage; July 1, 1997.

Marion County taxes for capital improvements. Allows the city-county council to increase the Marion County innkeeper's tax from 5% to 6% to use the increased revenue for the expansion of the Indiana Convention Center and RCA Dome. Allows the Marion County city-county council to impose the county admissions tax on all events held in a facility financed by public bonds or notes issued by the Marion County capital improvement board of managers or the Marion County convention and recreation facilities authority, except for events sponsored by educational institutions, religious organizations, or charitable organizations. Allows the Marion County city-county council to impose a county supplemental auto rental excise tax. Provides that the tax revenue shall be distributed to the Marion County capital improvement board. Sunsets the innkeeper's tax, admission tax, and lease rental surcharge provisions after 30 years. Allows the Marion County city-county council to impose a capital improvement board revenue replacement supplemental tax only to replace revenue lost as a result of the withdrawal by the consolidated city or the capital improvement board, from a contract providing another entity with the right to name a facility owned by the capital improvement board, the county convention and recreational facilities authority, or the consolidated city, in response to the entity displacing at least 500 jobs from the consolidated city or 1000 jobs from the state, if the council determines the revenue must be replaced. Provides the supplemental tax is an additional one percent on any one or combination of: (1) the innkeepers tax, (2) the admissions tax, or (3) the auto rental excise tax.

(51)

HB 1181

Author(s): Crawford

Sponsor(s): Server; Rogers

Citations Affected: IC 13-11; IC 13-17; IC 16-41.

Effective: Upon passage.

Lead hazard prevention. Requires the department of environmental management to establish a lead-based paint activities program to ensure that a person conducting lead-based paint activities in certain specified housing and child-occupied facilities does so in a manner that protects the health of the building's occupants, especially children six (6) years of age and younger. Requires a person who engages in lead- based paint activities to obtain a license from the department of environmental management. Prohibits a contractor from allowing an employee to engage in a lead-based paint activity without a license to do so. Requires the air pollution control board to adopt rules to implement lead abatement provisions. Provides that the air pollution control board may set fees as high as $150 per person per year for a lead-based paint activities license and $1,000 per year for a lead-based paint activities training course provider's license. Establishes the lead trust fund to pay the expenses of administering the laws pertaining to lead-based paint activities and costs related to implementing federal rules concerning lead-based paint activities. Provides for penalties that the department of environmental management may impose on contractors and other holders of lead-based paint activities licenses for failure to comply with specified requirements. Allows the state department of health to adopt rules to carry out a program to reduce lead poisoning throughout the state. (89)

HB 1182

Author(s): Crawford

Sponsor(s): Bray; Rogers

Citations Affected: IC 22-9.

Effective: July 1, 1997.

Notarization of civil rights complaints. Eliminates the requirement that a complaint filed with the civil rights commission be notarized. (90)

HB 1185

Author(s): Frizzell; Behning; Crooks; Dobis; M. Young

Sponsor(s): Miller; Nugent

Citations Affected: IC 16-18; IC 16-34.

Effective: July 1, 1997.

Partial birth abortion. Prohibits a person from performing a partial birth abortion unless a physician reasonably believes that: (1) the partial birth abortion is necessary to save the mother's life; and (2) no other medical procedure is sufficient to save the mother's life. Defines partial birth abortion as an abortion in which the person performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery. Makes it a Class C felony for a person to perform an unlawful partial birth abortion. Prohibits a woman who undergoes a partial birth abortion from being prosecuted. (76)

HB 1196

Author(s): Frenz; Whetstone; Torr

Sponsor(s): Worman; Lewis

Citations Affected: IC 34-4.
Effective: June 30, 1997; July 1, 1997.

Roller skating rink liability. Requires the operator of a roller skating rink to use reasonable in supervising roller skaters. Repeals the provision that would have caused the law that limits the liability for operators of roller skating rinks to expire on July 1, 1997. (93)

HB 1202

Author(s): Frenz; Gregg; Duncan; Saunders

Sponsor(s): Server

Citations Affected: IC 23-14-26-3.5.

Effective: July 1, 1997.

County cemetery commission annual reports. Requires each county cemetery commission to file an annual report with the Indiana historical bureau. (55)

HB 1206

Author(s): Hasler; Bauer; L. Lutz; Becker

Sponsor(s): Server; O'day

Citations Affected: IC 8-22; noncode.

Effective: July 1, 1997.

Vanderburgh County airport development zone. Changes the tax levy restriction for an airport authority cumulative building fund. Provides for the Vanderburgh county airport development zone. Provides that the airport development commission for Vanderburgh County is the board of the airport authority jointly established by the county and a municipality under IC 8-22-3. (IC 8-22-3 allows establishment of a local airport authority.) Limits the area of the airport development zone to the area of the airport plus a maximum three square mile area outside the boundary of the airport. Provides that an airport development project must be at least $500,000 if on airport property, and $2,000,000 if within the two mile extension area. Allows taxpayers in the Vanderburgh County airport development zone to receive property tax replacement credits for that portion of property taxes for which an inventory property tax credit is not allowed. Eliminates all enterprise zone tax benefits for the Vanderburgh County airport development zone except for inventory property tax credit. Requires the business to submit a proposal to the commission prior to receiving benefits. Also requires the approval of the city or county council before a business is entitled to receive benefits from the airport development zone. Adds enterprise zone restrictions against business relocation to airport development zones. Provides for the creation of a local hearing panel for termination of benefits for businesses that close other facilities in Indiana to enter the airport development zone. Provides that the airport development commission makes the final determination regarding termination of zone benefits. (94)

HB 1218

Author(s): Lytle; Crooks; Mangus; Hoffman

Sponsor(s): Lewis; Wheeler

Citations Affected: IC 14-22-33.

Effective: July 1, 1997.

Eligibility for federal fish and wildlife funds. Amends the laws assenting to federal aid for wildlife restoration projects and fisheries restoration projects to: (1) correct a reference to a federal official; and (2) authorize the use of money accruing to the state from license fees paid by hunters and anglers for the enforcement of laws concerning the taking, chasing, selling, and possession of animals. (55)

HB 1223

Author(s): Avery; T. Brown; C. Brown; Becker

Sponsor(s): Johnson; Hume; L.; Howard; Craycraft

Citations Affected: IC 12-10.

Effective: July 1, 1997.

Preadmission screening program. Requires that members of a preadmission screening team be allowed to communicate among themselves or between the screening team and the division of disabilities, aging, and rehabilitative services or the office of Medicaid policy and planning by facsimile and express mail as well as by standard mail. Provides that an Indiana resident may be temporarily admitted to a nursing home in Indiana if the resident has received treatment from and is begin discharged from a hospital located in another state, and if the resident will be participating in the preadmission screening program. Provides that an individual who resides in another state, who was admitted to an Indiana hospital immediately after receiving treatment in the hospital's emergency room, and who seeks admission to a nursing facility in Indiana may, upon discharge from the hospital, be admitted temporarily to a nursing facility to participate in the preadmission screening program. Requires a screening team to screen the nonresident and report its finding within ten days after the screening team's appointment. Requires a hospital to provide each patient who will be participating in preadmission screening with a list of all long term care options that may be available to the patient, are located within the hospital's service area, and are known to the hospital, before discharging the patient. Requires the division of disability, aging, and rehabilitative services and the office of Medicaid policy and planning to prepare new preadmission screening forms. Requires the division of disability, aging, and rehabilitative services to prepare a report on the preadmission screening program. (88)

HB 1230

Author(s): Steele; Dvorak; Padfield
Sponsor(s): Skillman

Citations Affected: IC 35-44-2-3.

Effective: July 1, 1997.

Impersonation of a public servant. Provides that a person who falsely represents that the person is a law enforcement officer commits impersonation of a public servant, a Class D felony. (Current law makes the offense a Class A misdemeanor.) (69)

HB 1232

Author(s): Grubb; V. Becker; Crosby; Burton

Sponsor(s): Harrison; Breaux; Riegsecker; Miller; Craycraft;

Citations Affected: IC 9-18; IC 16-19.

Effective: January 1, 1998.

Anatomical gifts. Requires the bureau of motor vehicles to include a space on each vehicle registration application where the person registering the vehicle may indicate a desire to donate fifty cents to organizations that promote the procurement of organs for anatomical gifts. Requires the bureau to include this space on any registration forms used when a person wishes to renew the person's vehicle registration by mail. Allows the bureau to deduct the costs of administering the collection of donations to promote the procurement of organs for anatomical gifts. Requires the Indiana state department of health to select appropriate organ procurement organizations to receive the collected funds. (88)

HB 1241

Author(s): Tabaczynski; Crosby; T. Brown; M. Smith

Sponsor(s): Meeks; Server; Lewis; Young

Citations Affected: IC 27-1; IC 28-1; IC 28-6.1; IC 28-7.

Effective: Upon passage.

Sale of life insurance by state financial institutions. Allows certain state chartered financial institutions to sell life insurance. Provides that the financial institutions must comply with certain requirements in order to sell life insurance policies. Requires the insurance commissioner and the director of the department of financial institutions to cooperate in enforcing compliance with provisions relating to the sale of life insurance policies and annuity contracts by financial institutions. Provides that a financial institution may not require a customer to purchase a life insurance policy from the financial institution as a condition to transacting business with the financial institution. Requires a financial institution that sells a life insurance policy to complete the sales transaction in a location within the financial institution reserved for insurance transactions. Prohibits a financial institution from using information in a customer's personal financial statement for the purpose of selling life insurance. Makes conforming amendments. (90)

HB 1251

Author(s): Grubb; Friend; Mahern

Sponsor(s): Weatherwax; Lewis

Citations Affected: IC 14-8; 14-13; 14-28

Effective: UPON PASSAGE

Recreation and land management Provides that a majority of the appointed members representing participating counties constitutes a quorum at a WRHCC meeting. Authorizes the WRHCC to adopt bylaws. Establishes a dedicated fund for the purpose of paying WRHCC expenses. Requires the director of the department of natural resources to provide administrative services to the WRHCC. Authorizes the WRHCC to take a number of actions. Adopts the National Flood Insurance Program regulations as the criteria for determining whether a person will be allowed to place a mobile home in a floodway along the Ohio River, repair a residence in a floodway along the Ohio River that has been damaged by floodwater or other means, or construct an addition to a residential structure in a floodway along the Ohio River. Requires the use of the elevation determined by a registered land surveyor. Provides that, until December 31, 2000, any dwelling, including a mobile home, constructed before March 1, 1997, that has been damaged by boundary river floodwater may be repaired, reconstructed, or replaced if the repair, reconstruction, or replacement meets the guidelines of federal environmental management regulations. (93)

HB 1255

Author(s): Duncan; Porter

Sponsor(s): Nugent; Lubbers; Rogers

Citations Affected: IC 12-17.4.

Effective: July 1, 1997.

Foster parent qualifications. Prohibits a person from being a foster parent if the person has been convicted of certain felonies. Allows the division of family and children to deny a license to a foster parent applicant if the applicant has been convicted of certain other felonies. (76)

HB 1257

Author(s): Dobis

Sponsor(s): Meeks; Lewis
Citations Affected: IC 9-23-2-7.

Effective: July 1, 1997.

Offsite sales licenses for motor vehicle dealers. Prohibits the bureau of motor vehicles from issuing an offsite sales license to a motor vehicle dealer who does not have an established place of business within Indiana. (89)

HB 1264

Author(s): Warner; Heeke

Sponsor(s): Meeks; Riegsecker; Craycraft; Hume

Citations Affected: IC 8-3; IC 8-6; noncode.

Effective: July 1, 1997.

Industrial rail service fund. Allows the Indiana department of transportation to make grants from the industrial rail service fund to Class II and Class III railroads for rehabilitation of railroad tracks, providing the recipient contributes 25% of the cost of the rehabilitation project. Provides that the law establishing the rail corridor safety committee expires November 1, 1999. (Current law provides that the law establishing the rail corridor safety committee expires November 1, 1997.) Provides that when the Indiana department of transportation orders a railroad to proceed with the construction, installation, relocation, modernization, or replacement of automatic signals at a grade crossing, the railroad must complete the work within 9 months unless the department has granted additional time in which to complete the work. Provides that the department may assess a civil penalty of not more than $1,000 for each day the signal work is late. Requires deposit of any civil penalties into the railroad grade crossing fund. (87)

HB 1265

Author(s): Burton; Stevenson; Robertson; Cook

Sponsor(s): Wyss

Citations Affected: IC 9-13; IC 9-24.

Effective: January 1, 1998.

Same sex marriage. Makes a marriage between persons of the same gender that is solemnized in any other country, state, or territory void in Indiana. (89)

HB 1273

Author(s): Summers; Duncan; Alderman
Sponsor(s): K. Adams; Worman; Landske; Howard; Johnson; Server; Lubbers; Wheeler; Zakas

Citations Affected: IC 12-8; IC 12-10; IC 12-11; IC 12-15; noncode.

Effective: Upon passage; July 1, 1997.

Medicaid waivers. Requires the division of disability, aging, and rehabilitative services to assist the office of Medicaid policy and planning in applying for Medicaid waivers from the United States Department of Health and Human Services to help fund community and home based long term services as alternatives to institutional care. Establishes the emergency support fund to provide emergency support services for individuals with developmental disabilities or families of individuals with developmental disabilities for short term interventions and to find permanent placement. Requires the division of disability, aging, and rehabilitative services to annually use $1,000,000 from existing appropriations to fund the emergency support fund. Allows the use of money paid for Medicaid funded intermediate care facility for the mentally retarded (ICF/MR) beds to fund waiver services under an ICF/MR Medicaid waiver. Requires savings to be used to expand services. Requires the office of Medicaid policy and planning to seek a waiver to allow not more than 225 more individuals who would otherwise receive ICF/MR services to receive waiver services. Requires the office of Medicaid policy and planning to seek federal approval to amend the home and community based services waiver for persons with autism by: (1) over two years raising from 90 to 200 the number of eligible persons who may be served under the waiver; and (2) providing for personal assistance and environmental modifications that are comparable to the services provided under the intermediate care facility for the mentally retarded waiver. Provides that the office of Medicaid policy and planning may not implement a change in the administration of the autism waiver until the federal Health Care Financing Administration approves the change. (71)

HB 1275

Author(s): Leuck; Behning

Sponsor(s): Lawson

Citations Affected: IC 3-6.

Effective: July 1, 1997.

Precinct election officer. Prohibits a person who is the chairman or treasurer of the committee of a candidate whose name appears on the ballot from serving as a precinct election officer. Makes conforming change to the prescribed oath. (77)

HB 1277

Author(s): Leuck; Friend; Ayres

Sponsor(s): Wheeler; R. Young

Citations Affected: IC 2-5-24.
Effective: May 15, 1997.

Water resources study committee. Establishes the water resources study committee as a statutory study committee. Provides for the appointment and replacement of members, the appointment of a chairperson, and the compensation of members. Requires the committee to study, and authorizes the committee to make recommendations concerning, all matters relating to the surface and ground water resources of Indiana. (55)

HB 1284

Author(s): Foley; J. Lutz; Kuzman; Stevenson

Sponsor(s): Landske; Zakas; Randolph

Citations Affected: IC 12-14; IC 29-1; IC 29-3-2; IC 32-4-1.6.

Effective: July 1, 1997.

Various probate matters. Provides that an individual who is receiving public assistance and who has prepaid funeral expenses is not allowed an additional credit for funeral expenses. Adopts the uniform probate code provision concerning who is bound by a court order. Provides that a person is bound by notices and orders in probate, trust, and guardianship proceedings if that person's interest is adequately represented by another party having a substantially identical interest in the proceeding. Allows service of notice in probate by certified mail. Specifies the conditions under which a court may appoint a guardian ad litem in a probate proceeding. Specifies that orders binding a guardian of an estate bind the ward. Requires a writing before a gift is considered an advancement against an heir's intestate share. Creates a presumption that additional stock is part of a devise of that stock if certain conditions are met. Creates a presumption that proceeds from the sale of property under a power of attorney or a condemnation award or insurance proceeds are to go to the devisee of the specific property if certain conditions are met. Provides that notice of an action to contest the validity of a will is given in the same manner as in other civil actions. Provides that an action to contest the validity of a will is conducted in the same manner as other civil actions, except that no pleading or answer to the notice by the defendant is required. Provides that the court sets the amount of a bond in a will contest. (Current law provides that the clerk of the court sets the amount of the bond.) Specifies that letters testamentary or letters of general administration may be granted to persons in the following order: (1) To the executor or executors designated in a will that has been admitted to probate. (2) To a devisee in a will that has been admitted to probate. (3) To the surviving spouse, or to the person or persons nominated by the surviving spouse, or to the surviving spouse and the person or persons nominated by the surviving spouse. (4) To an heir, or to the person or persons nominated by an heir, or to an heir and the person or persons nominated by an heir. (5) If there is no executor named in the will, or if the executor named in the will does not qualify, or if there is no surviving spouse, devisee, or heir, or if no such person files a petition for letters within 30 days after the date of the death of the decedent, then to any other qualified person. Provides that when a personal representative of an estate has a claim against the estate that accrued before the death of the decedent and all interested persons do not consent to have the claim paid, the court shall appoint a special personal representative to consider the claim. Permits the special personal representative to either pay the claim or have the claim set for trial. Changes a reference to the time in which a claim against a decedent may be filed from five months to a cross-reference to the section governing the filing of creditor's claims against an estate. Changes language concerning a judgment against an estate to the allowance of a claim against an estate, and specifies that the claim is paid in the same manner as other claims against the estate. Adds a cross-reference to the section specifying the period during which claims must be filed. Corrects a double negative concerning closing statements. Eliminates the requirement that a newspaper notice be published when actual notice to the last known address is given. Requires a court to set a date by which all objections to a final settlement must be filed, and provides that the objections must be filed at least 14 days before the date set. Specifies that a waiver by the parties of the service by mail of notice of the period within which objections must be filed does not change the requirement for notice by publication. Adopts the uniform law on transfer on death securities for purposes of nonprobate transfer of securities. Increases the spousal allowance from an estate from $8,500 to $15,000. Increases the small estate affidavit amount from $15,000 to $25,000. Provides that these changes apply only to the estates of individuals whose deaths occur after June 30, 1997. (58)

HB 1298

Author(s): C. Brown; Gulling

Sponsor(s): Wyss; Breaux; Randolph

Citations Affected: IC 16-46-6-13.

Effective: July 1, 1997.

Council on black and minority health. Provides that members of the interagency state council on black and minority health who are state employees are entitled to reimbursement for travel and other actual expenses and that members who are not state employees are entitled to a salary per diem. Provides that travel and per diem expenses are to be paid by the state department of health. (77)

HB 1300

Author(s): C. Brown

Sponsor(s): Server; Breaux; Riegsecker; Ford

Citations Affected: IC 12-7; IC 12-10.

Effective: July 1, 1997.

Alzheimer's and dementia special care. Requires a health facility that provides Alzheimer's and dementia special care to submit a disclosure statement to the division of disability, aging, and rehabilitative services that provides extensive details about the facility. Requires each health facility to submit the disclosure form each December and to make the form available to any individual seeking information on services for an individual with Alzheimer's disease or a related disorder. Requires the division of disability, aging