AN ACT to amend the Indiana Code concerning technical corrections.
SECTION 1. IC 2-5-1.1-12.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001 (RETROACTIVE)]: Sec. 12.1. The
legislative council may contract with the intelenet commission
established by IC 5-21-2-1 or another public or private person to
provide video or audio coverage, or both, over the Internet or
another broadcast medium of any of the following:
(1) Sessions of the general assembly.
(2) Other legislative activities authorized by the legislative
council.
SECTION 2. IC 2-5-1.1-12.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001 (RETROACTIVE)]: Sec. 12.2. (a) The
definitions in IC 1-1-3.5 and IC 3-5-2 apply throughout this section.
(b) As used in this section, "committee" refers to the census data
advisory committee established by IC 2-5-19-2.
(c) As used in this section, "council" refers to the legislative
council established by section 1 of this chapter.
(d) As used in this section, "GIS" refers to the geographic
information system that the office is required to establish and
maintain under subsection (g)(9).
(e) As used in this section, "office" refers to the office of census
data established by subsection (f).
(f) The office of census data is established within the legislative
services agency. Appointment of staff members of the office is
subject to the approval of the legislative council.
(g) The office shall do the following:
(1) Advise and assist the Bureau of the Census and the
committee in defining the boundaries of census blocks in
Indiana.
(2) Advise and assist the committee in coordinating the state's
efforts to obtain an accurate population count in each federal
decennial census.
(3) Work with other state and federal agencies to assist in the
Census Bureau's local review program conducted in Indiana.
(4) Participate in national associations of state governments
to obtain information regarding census count activities
conducted by other states.
(5) Advise and assist the committee in the preparation and
organization of decennial census data for use in congressional
and state legislative redistricting.
(6) Work with political subdivisions following each decennial
census to provide information and assistance concerning
special censuses, special tabulations, and corrected population
counts.
(7) Work with the election division, state agencies, and
political subdivisions to maintain accurate information
concerning the boundaries of precincts and political
subdivisions.
(8) Provide technical assistance to counties, the election
commission, and the election division to comply with Indiana
law concerning establishing a precinct (as defined in
IC 3-11-1.5-1).
(9) Establish and maintain a geographic information system
that contains the boundaries of all precincts, legislative
districts, and congressional districts. The geographic
information system may contain other boundaries and
information as determined by the executive director of the
legislative services agency or as required by the council.
(10) Perform other census and mapping research as
determined by the executive director of the legislative services
agency or as required by the council.
(h) The office shall provide the election division a network
connection to the GIS. The network connection must do the
following:
(1) Provide the election division with read access to the GIS.
(2) Enable the election division to download any information,
including maps, contained in the GIS.
(i) The election division is the agency through which public
access to information contained in the GIS shall be provided.
SECTION 3. IC 2-5-1.1-13, AS ADDED BY P.L.179-2001,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 13. (a) A person may use all or a part of audio
or video coverage provided under section 12 12.1 of this chapter for a
commercial purpose intended to result in a profit or other tangible
benefit to any person only if:
(1) the legislative council gives its permission for the person's
commercial use; and
(2) the person:
(A) uses the audio or video coverage only for educational or
public affairs programming, including news programming, that
does not also constitute a use prohibited under section 14 of
this chapter; or
(B) transmits to paid subscribers an unedited feed of the audio
or visual coverage.
(b) The legislative council shall give its permission to a person to
use the coverage provided under section 12 12.1 of this chapter for a
commercial purpose if:
(1) the person or the person's representative submits to the
legislative council, or its designated agent, a signed, written
request for the use that:
(A) states the purpose for which the audio or video coverage
will be used and that the stated purpose is allowed under
subsection (a); and
(B) contains an agreement by the person that the audio or
visual coverage will not be used for a commercial purpose
other than the stated purpose; and
(2) the purpose stated in subdivision (1)(A) is a use allowed under
subsection (a).
(c) The legislative council:
(1) is not required to give its permission to any person; and
(2) may limit the number of persons to whom it gives its
permission;
to use coverage provided under section 12 12.1 of this chapter for a
purpose described in subsection (a)(2)(B).
(d) Subsection (a) and an agreement under subsection (b)(1)(B) do
not prohibit compiling, describing, quoting from, analyzing, or
researching the verbal content of audio or visual coverage provided
under section 12 12.1 of this chapter for a commercial purpose.
(e) The attorney general may enforce this section at the request of
the legislative council by bringing a civil action to enjoin a violation of
subsection (a) or an agreement under subsection (b)(1)(B).
SECTION 4. IC 2-5-1.1-14, AS ADDED BY P.L.179-2001,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 14. Audio or video coverage provided under
section 12 12.1 of this chapter is not part of the legislative history of an
act enacted or resolution adopted by the general assembly unless:
(1) the content of audio or video coverage provided under section
12 12.1 of this chapter is:
(A) incorporated by resolution contemporaneously adopted by
the chamber in which the coverage originated into the house
or senate journal required under Article 4, Section 12 of the
Constitution of the State of Indiana; or
(B) declared to be part of the legislative history of a bill or
resolution in a bill contemporaneously enacted by the general
assembly; and
(2) the content of the incorporated audio or video coverage is
certified for accuracy and completeness by the principal clerk or
principal secretary of the chamber in which the coverage
originated.
SECTION 5. IC 2-5-1.1-15, AS ADDED BY P.L.179-2001,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 15. Audio or video coverage provided under
section 12 12.1 of this chapter does not constitute an expression of the
legislative intent, purpose, or meaning of an act enacted or resolution
adopted by the general assembly unless:
(1) the content of audio or video coverage provided under section
12 12.1 of this chapter is incorporated by a bill
contemporaneously enacted by the general assembly; and
(2) the content of the incorporated audio or video coverage is
certified for accuracy and completeness by the principal clerk or
principal secretary of the chamber in which the coverage
originated.
SECTION 6. IC 2-5-1.1-16, AS ADDED BY P.L.179-2001,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 16. It is not the intent of the general assembly
in enacting section 12 12.1 of this chapter to have the content of the
audio or video coverage provided under section 12 of this chapter used
as evidence of the legislative intent, purpose, or meaning of an act
enacted or resolution adopted by the general assembly.
SECTION 7. IC 3-5-2-33.8, AS ADDED BY P.L.212-2001,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 33.8. "Office" refers to the office of census
data established by IC 2-5-1.1-12. IC 2-5-1.1-12.2.
SECTION 8. IC 3-11-1.5-1.5, AS ADDED BY P.L.212-2001,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1.5. As used in this chapter, "GIS" refers to
the geographic information system maintained by the office under
IC 2-5-1.1-12. IC 2-5-1.1-12.2.
SECTION 9. IC 4-21.5-2-6, AS AMENDED BY P.L.204-2001,
SECTION 5, AND AS AMENDED BY P.L.198-2001, SECTION 2, IS
AMENDED AND CORRECTED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 6. (a) This article does not
apply to the formulation, issuance, or administrative review (but does,
except as provided in subsection (b), apply to the judicial review and
civil enforcement) of any of the following:
(1) Determinations by the division of family and children.
(2) Determinations by the Indiana alcoholic beverage alcohol
and tobacco commission.
(3) Determinations by the office of Medicaid policy and planning
concerning recipients and applicants of Medicaid. However, this
article does apply to determinations by the office of Medicaid
policy and planning concerning providers.
(4) A final determination of the Indiana board of tax review.
(b) IC 4-21.5-5-12 and IC 4-21.5-5-14 do not apply to judicial
review of a final determination of the Indiana board of tax review.
SECTION 10. IC 4-22-2-37.1, AS AMENDED BY P.L.204-2001,
SECTION 6, AS AMENDED BY P.L.287-2001, SECTION 1, AND
AS AMENDED BY P.L.283-2001, SECTION 1, IS AMENDED AND
CORRECTED TO READ AS FOLLOWS [EFFECTIVE UPON
PASSAGE]: Sec. 37.1. (a) This section applies to a rulemaking action
resulting in any of the following rules:
(1) An order adopted by the commissioner of the Indiana
department of transportation under IC 9-20-1-3(d) or
IC 9-21-4-7(a) and designated by the commissioner as an
emergency rule.
(2) An action taken by the director of the department of natural
resources under IC 14-22-2-6(d) or IC 14-22-6-13.
(3) An emergency temporary standard adopted by the
occupational safety standards commission under
IC 22-8-1.1-16.1.
(4) An emergency rule adopted by the solid waste management
board under IC 13-22-2-3 and classifying a waste as hazardous.
(5) A rule, other than a rule described in subdivision (6), adopted
by the department of financial institutions under IC 24-4.5-6-107
and declared necessary to meet an emergency.
(6) A rule required under IC 24-4.5-1-106 that is adopted by the
department of financial institutions and declared necessary to
meet an emergency under IC 24-4.5-6-107.
(7) A rule adopted by the Indiana utility regulatory commission to
address an emergency under IC 8-1-2-113.
(8) An emergency rule jointly adopted by the water pollution
control board and the budget agency under IC 13-18-13-18.
(9) An emergency rule adopted by the state lottery commission
under IC 4-30-3-9.
(10) A rule adopted under IC 16-19-3-5 that the executive board
of the state department of health declares is necessary to meet an
emergency.
(11) An emergency rule adopted by the Indiana transportation
finance authority under IC 8-21-12.
(12) An emergency rule adopted by the insurance commissioner
under IC 27-1-23-7.
(13) An emergency rule adopted by the Indiana horse racing
commission under IC 4-31-3-9.
(14) An emergency rule adopted by the air pollution control
board, the solid waste management board, or the water pollution
control board under IC 13-15-4-10(4) or to comply with a
deadline required by federal law, provided:
(A) the variance procedures are included in the rules; and
(B) permits or licenses granted during the period the
emergency rule is in effect are reviewed after the emergency
rule expires.
(15) An emergency rule adopted by the Indiana election
commission under IC 3-6-4.1-14.
(16) An emergency rule adopted by the department of natural
resources under IC 14-10-2-5.
(17) An emergency rule adopted by the Indiana gaming
commission under IC 4-33-4-2, IC 4-33-4-3, or IC 4-33-4-14.
(18) An emergency rule adopted by the alcoholic beverage
alcohol and tobacco commission under IC 7.1-3-17.5,
IC 7.1-3-17.7, or IC 7.1-3-20-24.4.
(19) An emergency rule adopted by the department of financial
institutions under IC 28-15-11.
(20) An emergency rule adopted by the office of the secretary of
family and social services under IC 12-8-1-12.
(21) An emergency rule adopted by the office of the children's
health insurance program under IC 12-17.6-2-11.
(22) An emergency rule adopted by the office of Medicaid policy
and planning under IC 12-17.7-2-6 to implement the uninsured
parents program.
(22) (23) An emergency rule adopted by the office of Medicaid
policy and planning under IC 12-15-41-15.
(b) The following do not apply to rules described in subsection (a):
(1) Sections 24 through 36 of this chapter.
(2) IC 13-14-9.
(c) After a rule described in subsection (a) has been adopted by the
agency, the agency shall submit the rule to the publisher for the
assignment of a document control number. The agency shall submit the
rule in the form required by section 20 of this chapter and with the
documents required by section 21 of this chapter. The publisher shall
determine the number of copies of the rule and other documents to be
submitted under this subsection.
(d) After the document control number has been assigned, the
agency shall submit the rule to the secretary of state for filing. The
agency shall submit the rule in the form required by section 20 of this
chapter and with the documents required by section 21 of this chapter.
The secretary of state shall determine the number of copies of the rule
and other documents to be submitted under this subsection.
(e) Subject to section 39 of this chapter, the secretary of state shall:
(1) accept the rule for filing; and
(2) file stamp and indicate the date and time that the rule is
accepted on every duplicate original copy submitted.
(f) A rule described in subsection (a) takes effect on the latest of the
following dates:
(1) The effective date of the statute delegating authority to the
agency to adopt the rule.
(2) The date and time that the rule is accepted for filing under
subsection (e).
(3) The effective date stated by the adopting agency in the rule.
(4) The date of compliance with every requirement established by
law as a prerequisite to the adoption or effectiveness of the rule.
(g) Subject to subsection (h), IC 14-10-2-5, IC 14-22-2-6, and
IC 22-8-1.1-16.1, a rule adopted under this section expires not later
than ninety (90) days after the rule is accepted for filing under
subsection (e). Except for a rule adopted under subsection (a)(14), the
rule may be extended by adopting another rule under this section, but
only for one (1) extension period. A rule adopted under subsection
(a)(14) may be extended for two (2) extension periods. Except for a
rule adopted under subsection (a)(14), for a rule adopted under this
section to be effective after one (1) extension period, the rule must be
adopted under:
(1) sections 24 through 36 of this chapter; or
(2) IC 13-14-9;
as applicable.
(h) A rule described in subsection (a)(6), (a)(9), or (a)(13) expires
on the earlier of the following dates:
(1) The expiration date stated by the adopting agency in the rule.
(2) The date that the rule is amended or repealed by a later rule
adopted under sections 24 through 36 of this chapter or this
section.
(i) This section may not be used to readopt a rule under IC 4-22-2.5.
SECTION 11. IC 4-23-16-12, AS ADDED BY P.L.143-2001,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 12. (a) The commission shall appoint a group
to develop standards that are compatible with principles and goals
contained in the electronic and information technology accessibility
standards adopted by the architectural and transportation barriers
compliance board under Section 508 of the federal Rehabilitation Act
of 1973 (29 U.S.C. 749d), 794d), as amended.
(b) The group shall consist, at minimum, of the following:
(1) A representative of an organization with experience in and
knowledge of assistive technology policy.
(2) An individual with a disability.
(c) If an agency cannot immediately follow the information
technology accessibility standards, it shall submit a plan for undue
burden with timelines for compliance, and the plan must provide
alternative means for accessibility during the period.
SECTION 12. IC 4-31-6-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 10. (a) Upon
receiving an order of a court issued under IC 13-14-12-6
IC 31-14-12-6 or IC 31-16-12-9 (or IC 31-1-11.5-13(l) or
IC 31-6-6.1-16(l) before their repeal), the commission shall:
(1) suspend a license issued under this chapter to any person who
is the subject of the order; and
(2) promptly mail a notice to the last known address of the person
who is the subject of the order, stating the following:
department of any level of government whose principal function
is the apprehension of criminal offenders.
(13) (15) "National criminal history background check" means
the criminal history record system maintained by the Federal
Bureau of Investigation based on fingerprint identification or any
other method of positive identification.
(14) (16) "Noncertificated employee" has the meaning set forth
in IC 20-7.5-1-2.
(11) (15) (17) "Protective order" has the meaning set forth in
IC 5-2-9-2.1.
(16) (18) "Qualified entity" means a business or an organization,
whether public, private, for-profit, nonprofit, or voluntary, that
provides care or care placement services, including a business or
an organization that licenses or certifies others to provide care
or care placement services.
(12) (13) (17) (19) "Release" means the furnishing of a copy, or
an edited copy, of criminal history data.
(13) (14) (18) (20) "Reportable offenses" means all felonies and
those Class A misdemeanors which the superintendent may
designate.
(14) (15) (19) (21) "Request" means the asking for release or
inspection of a limited criminal history by noncriminal justice
organizations or individuals in a manner which:
(A) reasonably ensures the identification of the subject of the
inquiry; and
(B) contains a statement of the purpose for which the
information is requested.
(20) (22) "School corporation" has the meaning set forth in
IC 20-10.1-1-1.
(21) (23) "Special education cooperative" has the meaning set
forth in IC 20-1-6-20.
(15) (16) (22) (24) "Unidentified person" means a deceased or
mentally incapacitated person whose identity is unknown.
SECTION 14. IC 5-2-5-5, AS AMENDED BY P.L.272-2001,
SECTION 2, AND AS AMENDED BY P.L.228-2001, SECTION 2, IS
AMENDED AND CORRECTED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 5. (a) Except as provided in
subsection (b), on request, law enforcement agencies shall release or
allow inspection of a limited criminal history to noncriminal justice
organizations or individuals only if the subject of the request:
(1) has applied for employment with a noncriminal justice
organization or individual;
person to refrain from direct or indirect contact with a child in
need of services or a delinquent child;
(5) an order issued as a condition of pretrial release, including
release on bail or personal recognizance, or pretrial diversion
that orders a person to refrain from any direct or indirect contact
with another person;
(6) an order issued as a condition of probation that orders a person
to refrain from any direct or indirect contact with another person;
(7) a protective order issued under IC 31-15-5 or IC 31-16-5 (or
IC 31-1-11.5-8.2 or IC 31-16-5 before its their repeal) that orders
the respondent to refrain from abusing, harassing, or disturbing
the peace of the petitioner;
(8) a protective order issued under IC 31-14-16 in a paternity
action that orders the respondent to refrain from having direct or
indirect contact with another person; or
(9) a protective order issued under IC 31-34-17 in a child in need
of services proceeding or under IC 31-37-16 in a juvenile
delinquency proceeding that orders the respondent to refrain from
having direct or indirect contact with a child; or
(10) an order issued by a court in Indiana under IC 34-26-2.5-4
to enforce a foreign protection order.
(b) Whenever an Indiana order is issued, the Indiana order must be
captioned in a manner that indicates the type of order issued and the
section of the Indiana Code that authorizes the protective order.
SECTION 16. IC 5-10.3-5-4, AS AMENDED BY P.L.195-1999,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4. (a) Securities shall be held for the fund by
banks or trust companies under a custodial agreement. Income, interest,
proceeds of sale, materials, redemptions, and all other receipts from
securities and other investments which the board retains for the cash
working balance shall be deposited with the treasurer of state.
(b) Subject to IC 5-10.2-2-15, The board may contract with
investment counsel, trust companies, or banks to assist the board in its
investment program.
SECTION 17. IC 5-14-3-4, AS AMENDED BY P.L.201-2001,
SECTION 1, AND AS AMENDED BY P.L.271-2001, SECTION 1, IS
AMENDED AND CORRECTED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 4. (a) The following public
records are excepted from section 3 of this chapter and may not be
disclosed by a public agency, unless access to the records is
specifically required by a state or federal statute or is ordered by a court
under the rules of discovery:
against the employee; and
(C) information concerning disciplinary actions in which final
action has been taken and that resulted in the employee being
disciplined or discharged.
However, all personnel file information shall be made available
to the affected employee or his representative. This subdivision
does not apply to disclosure of personnel information generally on
all employees or for groups of employees without the request
being particularized by employee name.
(9) Minutes or records of hospital medical staff meetings.
(10) Administrative or technical information that would
jeopardize a recordkeeping or security system.
(11) Computer programs, computer codes, computer filing
systems, and other software that are owned by the public agency
or entrusted to it and portions of electronic maps entrusted to a
public agency by a utility.
(12) Records specifically prepared for discussion or developed
during discussion in an executive session under IC 5-14-1.5-6.1.
However, this subdivision does not apply to that information
required to be available for inspection and copying under
subdivision (8).
(13) The work product of the legislative services agency under
personnel rules approved by the legislative council.
(14) The work product of individual members and the partisan
staffs of the general assembly.
(15) The identity of a donor of a gift made to a public agency if:
(A) the donor requires nondisclosure of his identity as a
condition of making the gift; or
(B) after the gift is made, the donor or a member of the donor's
family requests nondisclosure.
(16) Library or archival records:
(A) which can be used to identify any library patron; or
(B) deposited with or acquired by a library upon a condition
that the records be disclosed only:
(i) to qualified researchers;
(ii) after the passing of a period of years that is specified in
the documents under which the deposit or acquisition is
made; or
(iii) after the death of persons specified at the time of the
acquisition or deposit.
However, nothing in this subdivision shall limit or affect
contracts entered into by the Indiana state library pursuant to
IC 4-1-6-8.
(17) The identity of any person who contacts the bureau of motor
vehicles concerning the ability of a driver to operate a motor
vehicle safely and the medical records and evaluations made by
the bureau of motor vehicles staff or members of the driver
licensing advisory committee. However, upon written request to
the commissioner of the bureau of motor vehicles, the driver must
be given copies of the driver's medical records and evaluations
that concern the driver.
(18) School safety and security measures, plans, and systems,
including emergency preparedness plans developed under 511
IAC 6.1-2-2.5.
(c) Notwithstanding section 3 of this chapter, a public agency is not
required to create or provide copies of lists of names and addresses,
unless the public agency is required to publish such lists and
disseminate them to the public pursuant to statute. However, if a public
agency has created a list of names and addresses, it must permit a
person to inspect and make memoranda abstracts from the lists unless
access to the lists is prohibited by law. The following lists of names and
addresses may not be disclosed by public agencies to commercial
entities for commercial purposes and may not be used by commercial
entities for commercial purposes:
(1) A list of employees of a public agency.
(2) A list of persons attending conferences or meetings at a state
institution of higher education or of persons involved in programs
or activities conducted or supervised by the state institution of
higher education.
(3) A list of students who are enrolled in a public school
corporation if the governing body of the public school corporation
adopts a policy:
(A) prohibiting the disclosure of the list to commercial entities
for commercial purposes; or
(B) specifying the classes or categories of commercial entities
to which the list may not be disclosed or by which the list may
not be used for commercial purposes.
A policy adopted under subdivision (3) must be uniform and may not
discriminate among similarly situated commercial entities.
(d) Nothing contained in subsection (b) shall limit or affect the right
of a person to inspect and copy a public record required or directed to
be made by any statute or by any rule of a public agency.
(e) Notwithstanding any other law, a public record that is classified
as confidential, other than a record concerning an adoption, shall be
made available for inspection and copying seventy-five (75) years after
the creation of that record.
(f) Notwithstanding subsection (e) and section 7 of this chapter:
(1) public records subject to IC 5-15 may be destroyed only in
accordance with record retention schedules under IC 5-15; or
(2) public records not subject to IC 5-15 may be destroyed in the
ordinary course of business.
SECTION 18. IC 6-1.1-10-16.7, AS AMENDED BY P.L.185-2001,
SECTION 1, AS AMENDED BY P.L.186-2001, SECTION 2, AND
AS AMENDED BY P.L.291-2001, SECTION 195, IS AMENDED
AND CORRECTED TO READ AS FOLLOWS [EFFECTIVE UPON
PASSAGE]: Sec. 16.7. Real property is exempt from property taxation
if:
(1) the real property is located within:
(A) a county containing a consolidated city; or
(B) a county having a population of more than thirty-eight
thousand five hundred (38,500) but less than thirty-nine
thousand (39,000);
(2) the real property is owned by an Indiana corporation;
(3) (1) the improvements on the real property were constructed,
rehabilitated, or acquired for the purpose of providing housing to
income eligible persons under the federal low income housing tax
credit program under 26 U.S.C. 42;
(4) (2) the real property is subject to an extended use agreement
under 26 U.S.C. 42 as administered by the Indiana housing
finance authority; and
(5) (3) the owner of the property has entered into an agreement to
make payments in lieu of taxes under IC 36-1-8-14.2, or
IC 36-2-6-22, or IC 36-3-2-11.
SECTION 19. IC 6-1.1-12.1-5.4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2002 (RETROACTIVE)]: Sec. 5.4. (a) A
person that desires to obtain the deduction provided by section 4.5
of this chapter must file a certified deduction application on forms
prescribed by the department of local government finance with:
(1) the auditor of the county in which the new manufacturing
equipment or new research and development equipment, or
both, is located; and
(2) the department of local government finance.
A person that timely files a personal property return under
IC 6-1.1-3-7(a) for the year in which the new manufacturing
equipment or new research and development equipment, or both,
is installed must file the application between March 1 and May 15
of that year. A person that obtains a filing extension under
IC 6-1.1-3-7(b) for the year in which the new manufacturing
equipment or new research and development equipment, or both,
is installed must file the application between March 1 and the
extended due date for that year.
(b) The deduction application required by this section must
contain the following information:
(1) The name of the owner of the new manufacturing
equipment or new research and development equipment, or
both.
(2) A description of the new manufacturing equipment or new
research and development equipment, or both.
(3) Proof of the date the new manufacturing equipment or
new research and development equipment, or both, was
installed.
(4) The amount of the deduction claimed for the first year of
the deduction.
(c) This subsection applies to a deduction application with
respect to new manufacturing equipment or new research and
development equipment, or both, for which a statement of benefits
was initially approved after April 30, 1991. If a determination
about the number of years the deduction is allowed has not been
made in the resolution adopted under section 2.5 of this chapter,
the county auditor shall send a copy of the deduction application
to the designating body, and the designating body shall adopt a
resolution under section 4.5(h)(2) of this chapter.
(d) A deduction application must be filed under this section in
the year in which the new manufacturing equipment or new
research and development equipment, or both, is installed and in
each of the immediately succeeding years the deduction is allowed.
(e) The department of local government finance shall review
and verify the correctness of each deduction application and shall
notify the county auditor of the county in which the property is
located that the deduction application is approved or denied or that
the amount of the deduction is altered. Upon notification of
approval of the deduction application or of alteration of the
amount of the deduction, the county auditor shall make the
deduction. The county auditor shall notify the county property tax
assessment board of appeals of all deductions approved under this
section.
(f) If the ownership of new manufacturing equipment or new
research and development equipment, or both, changes, the
deduction provided under section 4.5 of this chapter continues to
apply to that equipment if the new owner:
(1) continues to use the equipment in compliance with any
standards established under section 2(g) of this chapter; and
(2) files the deduction applications required by this section.
(g) The amount of the deduction is the percentage under section
4.5 of this chapter that would have applied if the ownership of the
property had not changed multiplied by the assessed value of the
equipment for the year the deduction is claimed by the new owner.
(h) If a person desires to initiate an appeal of the department of
local government finance's final determination, the person must
file a petition with the Indiana board not more than forty-five (45)
days after the department of local government finance gives the
person notice of the final determination.
(i) If a person desires to initiate a proceeding for judicial review
of the Indiana board's final determination, the person must
petition for judicial review under IC 4-21.5-5 not more than
forty-five (45) days after the Indiana board gives the person notice
of the final determination.
SECTION 20. IC 6-1.1-15-10, AS AMENDED BY P.L.198-2001,
SECTION 49, AND AS AMENDED BY P.L.291-2001, SECTION
205, IS AMENDED AND CORRECTED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 10. (a) If a petition for review
to any board or an appeal to a proceeding for judicial review in the tax
court regarding an assessment or increase in assessment is pending, the
taxes resulting from the assessment or increase in assessment are,
notwithstanding the provisions of IC 6-1.1-22-9, not due until after the
petition for review, or the appeal, proceeding for judicial review, is
finally adjudicated and the assessment or increase in assessment is
finally determined. However, even though a petition for review or an
appeal a proceeding for judicial review is pending, the taxpayer shall
pay taxes on the tangible property when the property tax installments
come due, unless the collection of the taxes is enjoined stayed under
IC 4-21.5-5-9 pending an original tax appeal under IC 33-3-5. a final
determination in the proceeding for judicial review. The amount of
taxes which the taxpayer is required to pay, pending the final
determination of the assessment or increase in assessment, shall be
based on:
(1) the assessed value reported by the taxpayer on the taxpayer's
personal property return if a personal property assessment, or an
increase in such an assessment, is involved; or
subject to the civil taxing unit's ad valorem property tax levy for
the ensuing calendar year and that is contained within the
geographic area that was subject to the civil taxing unit's ad
valorem property tax levy in the preceding calendar year.
STEP FOUR: Determine the greater of the amount determined in
STEP THREE or one (1).
STEP FIVE: Multiply the amount determined in STEP TWO by
the amount determined in STEP FOUR.
STEP SIX: Add the amount determined under STEP TWO to the
amount determined under subsection (c).
STEP SEVEN: Determine the greater of the amount determined
under STEP FIVE or the amount determined under STEP SIX.
(b) Except as otherwise provided in this chapter and IC 6-3.5-8-12,
a civil taxing unit that is treated as being located in an adopting county
under section 4 of this chapter may not impose an ad valorem property
tax levy for an ensuing calendar year that exceeds the amount
determined in the last STEP of the following STEPS:
STEP ONE: Add the civil taxing unit's maximum permissible ad
valorem property tax levy for the preceding calendar year to the
part of the civil taxing unit's certified share, if any, used to reduce
the civil taxing unit's ad valorem property tax levy under STEP
EIGHT of this subsection for that preceding calendar year.
STEP TWO: Multiply the amount determined in STEP ONE by
the amount determined in either the last STEP of section 2 2(a)
of this chapter for calendar years ending before January 1, 2006,
or the last STEP of section 2(b) of this chapter for calendar years
beginning after December 31, 2005.
STEP THREE: Determine the lesser of one and fifteen hundredths
(1.15) or the quotient of the assessed value of all taxable property
subject to the civil taxing unit's ad valorem property tax levy for
the ensuing calendar year divided by the assessed value of all
taxable property that is subject to the civil taxing unit's ad
valorem property tax levy for the ensuing calendar year and that
is contained within the geographic area that was subject to the
civil taxing unit's ad valorem property tax levy in the preceding
calendar year.
STEP FOUR: Determine the greater of the amount determined in
STEP THREE or one (1).
STEP FIVE: Multiply the amount determined in STEP TWO by
the amount determined in STEP FOUR.
STEP SIX: Add the amount determined under STEP TWO to the
amount determined under subsection (c).
determined in STEP THREE.
Add the amount determined in STEP FOUR to the amount determined
in subsection (e), STEP THREE, as provided in subsection (e), STEP
FOUR.
(e) For each civil taxing unit, the amount to be subtracted under
subsection (b), STEP EIGHT, is determined using the following
formula:
STEP ONE: Determine the lesser of the civil taxing unit's base
year certified share for the ensuing calendar year, as determined
under section 5 of this chapter, or the civil taxing unit's certified
share for the ensuing calendar year.
STEP TWO: Determine the greater of:
(A) zero (0); or
(B) the remainder of:
(i) the amount of federal revenue sharing money that was
received by the civil taxing unit in 1985; minus
(ii) the amount of federal revenue sharing money that will be
received by the civil taxing unit in the year preceding the
ensuing calendar year.
STEP THREE: Determine the lesser of:
(A) the amount determined in STEP TWO; or
(B) the amount determined in subsection (f) for the civil taxing
unit.
STEP FOUR: Add the amount determined in subsection (d),
STEP FOUR, to the amount determined in STEP THREE.
STEP FIVE: Subtract the amount determined in STEP FOUR
from the amount determined in STEP ONE.
(f) As used in this section, a taxing unit's "determination year"
means the latest of:
(1) calendar year 1987, if the taxing unit is treated as being
located in an adopting county for calendar year 1987 under
section 4 of this chapter;
(2) the taxing unit's base year, as defined in section 5 of this
chapter, if the taxing unit is treated as not being located in an
adopting county for calendar year 1987 under section 4 of this
chapter; or
(3) the ensuing calendar year following the first year that the
taxing unit is located in a county that has a county adjusted gross
income tax rate of more than one-half percent (0.5%) on July 1 of
that year.
The amount to be used in subsections (d) and (e) for a taxing unit
depends upon the taxing unit's certified share for the ensuing calendar
year, the taxing unit's determination year, and the county adjusted gross
income tax rate for resident county taxpayers (as defined in
IC 6-3.5-1.1-1) that is in effect in the taxing unit's county on July 1 of
the year preceding the ensuing calendar year. For the determination
year and the ensuing calendar years following the taxing unit's
determination year, the amount is the taxing unit's certified share for
the ensuing calendar year multiplied by the appropriate factor
prescribed in the following table:
increase is reasonably necessary due to increased costs of the civil
taxing unit resulting from annexation, consolidation, or other
extensions of governmental services by the civil taxing unit to
additional geographic areas or persons.
(3) Permission to the civil taxing unit to increase its levy in excess
of the limitations established under section 3 of this chapter, if the
local government tax control board finds that the civil taxing unit
needs the increase to meet the civil taxing unit's share of the costs
of operating a court established by statute enacted after December
31, 1973. Before recommending such an increase, the local
government tax control board shall consider all other revenues
available to the civil taxing unit that could be applied for that
purpose. The maximum aggregate levy increases that the local
government tax control board may recommend for a particular
court equals the civil taxing unit's share of the costs of operating
a court for the first full calendar year in which it is in existence.
(4) Permission to the civil taxing unit to increase its levy in excess
of the limitations established under section 3 of this chapter, if the
civil taxing unit's average three (3) year growth factor, as
determined in section 2 2(a) (STEP THREE) of this chapter for
calendar years ending before January 1, 2006, or section 2(b)
(STEP THREE) of this chapter for calendar years beginning after
December 31, 2005, exceeds one and one-tenth (1.1). However,
any increase in the amount of the civil taxing unit's levy
recommended by the local government tax control board under
this subdivision may not exceed an amount equal to the remainder
of:
(A) the amount of ad valorem property taxes the civil taxing
unit could impose for the ensuing calendar year under section
3 of this chapter if at STEP TWO of subsection (a) or (b), as
the case may be, the amount determined in STEP THREE of
section 2 2(a) of this chapter for calendar years ending before
January 1, 2006, or in STEP THREE of section 2(b) of this
chapter for calendar years beginning after December 31,
2005, is substituted for the amount determined under STEP
FIVE of section 2 2(a) of this chapter for calendar years
ending before January 1, 2006, or under STEP FIVE of
section 2(b) of this chapter for calendar years beginning after
December 31, 2005; minus
(B) the amount of ad valorem property taxes the civil taxing
unit could impose under section 3 of this chapter for the
ensuing calendar year.
contributions made by a civil taxing unit" does not include that
part of the payments or contributions that are funded by
distributions made to a civil taxing unit by the state.
(7) Permission to increase its levy in excess of the limitations
established under section 3 of this chapter if the local government
tax control board finds that:
(A) the township's poor relief ad valorem property tax rate is
less than one and sixty-seven hundredths cents ($0.0167) per
one hundred dollars ($100) of assessed valuation; and
(B) the township needs the increase to meet the costs of
providing poor relief under IC 12-20 and IC 12-30-4.
The maximum increase that the board may recommend for a
township is the levy that would result from an increase in the
township's poor relief ad valorem property tax rate of one and
sixty-seven hundredths cents ($0.0167) per one hundred dollars
($100) of assessed valuation minus the township's ad valorem
property tax rate per one hundred dollars ($100) of assessed
valuation before the increase.
(8) Permission to a civil taxing unit to increase its levy in excess
of the limitations established under section 3 of this chapter if:
(A) the increase has been approved by the legislative body of
the municipality with the largest population where the civil
taxing unit provides public transportation services; and
(B) the local government tax control board finds that the civil
taxing unit needs the increase to provide adequate public
transportation services.
The local government tax control board shall consider tax rates
and levies in civil taxing units of comparable population, and the
effect (if any) of a loss of federal or other funds to the civil taxing
unit that might have been used for public transportation purposes.
However, the increase that the board may recommend under this
subdivision for a civil taxing unit may not exceed the revenue that
would be raised by the civil taxing unit based on a property tax
rate of one cent ($0.01) per one hundred dollars ($100) of
assessed valuation.
(9) Permission to a civil taxing unit to increase the unit's levy in
excess of the limitations established under section 3 of this
chapter if the local government tax control board finds that:
(A) the civil taxing unit is:
(i) a county having a population of more than one hundred
twenty-nine thousand (129,000) but less than one hundred
thirty thousand six hundred (130,600); one hundred
forty-eight thousand (148,000) but less than one hundred
seventy thousand (170,000);
(ii) a city having a population of more than forty-three
thousand seven hundred (43,700) but less than forty-four
thousand (44,000); fifty-five thousand (55,000) but less
than fifty-nine thousand (59,000);
(iii) a city having a population of more than twenty-five
thousand five hundred (25,500) but less than twenty-six
thousand (26,000); twenty-eight thousand seven hundred
(28,700) but less than twenty-nine thousand (29,000);
(iv) a city having a population of more than fifteen thousand
three hundred fifty (15,350) but less than fifteen thousand
five hundred seventy (15,570); fifteen thousand four
hundred (15,400) but less than sixteen thousand six
hundred (16,600); or
(v) a city having a population of more than five thousand six
hundred fifty (5,650) but less than five thousand seven
hundred eight (5,708); seven thousand (7,000) but less
than seven thousand three hundred (7,300); and
(B) the increase is necessary to provide funding to undertake
removal (as defined in IC 13-7-8.7-1) IC 13-11-2-187) and
remedial action (as defined in IC 13-7-8.7-1) IC 13-11-2-185)
relating to hazardous substances (as defined in IC 13-7-8.7-1)
IC 13-11-2-98) in solid waste disposal facilities or industrial
sites in the civil taxing unit that have become a menace to the
public health and welfare.
The maximum increase that the local government tax control
board may recommend for such a civil taxing unit is the levy that
would result from a property tax rate of six and sixty-seven
hundredths cents ($0.0667) for each one hundred dollars ($100)
of assessed valuation. For purposes of computing the ad valorem
property tax levy limit imposed on a civil taxing unit under
section 3 of this chapter, the civil taxing unit's ad valorem
property tax levy for a particular year does not include that part of
the levy imposed under this subdivision. In addition, a property
tax increase permitted under this subdivision may be imposed for
only two (2) calendar years.
(10) Permission for a county having a population of more than
seventy-eight thousand (78,000) but less than eighty-five
thousand (85,000) eighty thousand (80,000) but less than ninety
thousand (90,000) to increase the county's levy in excess of the
limitations established under section 3 of this chapter, if the local
government tax control board finds that the county needs the
increase to meet the county's share of the costs of operating a jail
or juvenile detention center, including expansion of the facility,
if the jail or juvenile detention center is opened after December
31, 1991. Before recommending an increase, the local
government tax control board shall consider all other revenues
available to the county that could be applied for that purpose. An
appeal for operating funds for a jail or juvenile detention center
shall be considered individually, if a jail and juvenile detention
center are both opened in one (1) county. The maximum
aggregate levy increases that the local government tax control
board may recommend for a county equals the county's share of
the costs of operating the jail or juvenile detention center for the
first full calendar year in which the jail or juvenile detention
center is in operation.
(11) Permission for a township to increase its levy in excess of the
limitations established under section 3 of this chapter, if the local
government tax control board finds that the township needs the
increase so that the property tax rate to pay the costs of furnishing
fire protection for a township, or a portion of a township, enables
the township to pay a fair and reasonable amount under a contract
with the municipality that is furnishing the fire protection.
However, for the first time an appeal is granted the resulting rate
increase may not exceed fifty percent (50%) of the difference
between the rate imposed for fire protection within the
municipality that is providing the fire protection to the township
and the township's rate. A township is required to appeal a second
time for an increase under this subdivision if the township wants
to further increase its rate. However, a township's rate may be
increased to equal but may not exceed the rate that is used by the
municipality. More than one (1) township served by the same
municipality may use this appeal.
(12) Permission for a township to increase its levy in excess of the
limitations established under section 3 of this chapter, if the local
government tax control board finds that the township has been
required, for the three (3) consecutive years preceding the year
for which the appeal under this subdivision is to become effective,
to borrow funds under IC 36-6-6-14 to furnish fire protection for
the township or a part of the township. However, the maximum
increase in a township's levy that may be allowed under this
subdivision is the least of the amounts borrowed under
IC 36-6-6-14 during the preceding three (3) calendar years. A
particular township may appeal to increase its levy under this
section not more frequently than every fourth calendar year.
(13) Permission to a city having a population of more than
twenty-three thousand five hundred (23,500) but less than
twenty-four thousand (24,000) twenty-nine thousand (29,000)
but less than thirty-one thousand (31,000) to increase its levy in
excess of the limitations established under section 3 of this
chapter if:
(A) an appeal was granted to the city under subdivision (1) in
1998, 1999, and 2000; and
(B) the increase has been approved by the legislative body of
the city, and the legislative body of the city has by resolution
determined that the increase is necessary to pay normal
operating expenses.
The maximum amount of the increase is equal to the amount of
property tax replacement credits under IC 6-3.5-1.1 that the city
petitioned to have reallocated in 2001 under subdivision (1) for
a purpose other than property tax relief.
SECTION 23. IC 6-1.1-21.6-1, AS ADDED BY P.L.291-2001,
SECTION 238, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 1. Before January 1, 2002, a
school corporation may apply to the school property tax control board
for a recommendation concerning a distribution to the school
corporation from the property tax replacement fund. The school
property tax control board shall recommend a distribution from the
fund to the school corporation if the board finds that the following
conditions are met:
(1) At least two (2) installments of personal and real property
taxes due on tangible property subject to taxation by the school
corporation is are delinquent.
(2) The assessed value of the tangible property described in
subdivision (1) is at least nine percent (9%) of the assessed value
of all tangible property subject to taxation by the school
corporation.
(3) The school corporation has experienced and will continue to
experience a significant revenue shortfall as a result of the
default.
(4) The school corporation is presented with unique fiscal
challenges to finance its operations due to the taxpayer's filing of
a petition under the federal bankruptcy code.
SECTION 24. IC 6-1.1-24-5.3, AS ADDED BY P.L.98-2000,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 5.3. (a) This section applies to the following:
(1) A person who owes delinquent taxes, special assessments,
penalties, interest, or costs directly attributable to a prior tax sale
on a tract of real property listed under section 1 of this chapter.
(2) A person who is an agent of the person described in
subdivision (1).
(b) A person subject to this section may not purchase a tract offered
for sale under section 5 5.2, or 5.5 or 5.6 of this chapter.
(c) If a person purchases a tract that the person was not eligible to
purchase under this section, the sale of the property is void. The county
treasurer shall apply the amount of the person's bid to the person's
delinquent taxes and offer the real property for sale again under this
chapter.
SECTION 25. IC 6-1.1-24-9, AS AMENDED BY P.L.139-2001,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 9. (a) Immediately after a tax sale purchaser
pays the bid, as evidenced by the receipt of the county treasurer, or
immediately after the county acquires a lien under section 6 of this
chapter, or a city acquires a lien under section 6.6 of this chapter, the
county auditor shall deliver a certificate of sale to the purchaser or to
the county or to the city. The certificate shall be signed by the auditor
and registered in the auditor's office. The certificate shall contain:
(1) a description of real property which that corresponds to the
description used on the notice of sale;
(2) the name of:
(A) the owner of record at the time of the sale of real property
with a single owner; or
(B) at least one (1) of the owners of real property with multiple
owners;
(3) the mailing address of the owner of the real property sold as
indicated in the records of the county auditor;
(4) the name of the purchaser;
(5) the date of sale;
(6) the amount for which the real property was sold;
(7) the amount of the minimum bid for which the tract or real
property was offered at the time of sale as required by section 5
of this chapter;
(8) the date when the period of redemption specified in
IC 6-1.1-25-4 will expire;
(9) the court cause number under which judgment was obtained;
and
(10) the street address, if any, or common description of the real
property.
(b) When a certificate of sale is issued under this section, the
purchaser acquires a lien against the real property for the entire amount
paid. The lien of the purchaser is superior to all liens against the real
property which exist at the time the certificate is issued.
(c) A certificate of sale is assignable. However, an assignment is not
valid unless it is endorsed on the certificate of sale, acknowledged
before an officer authorized to take acknowledgments of deeds, and
registered in the office of the county auditor. When a certificate of sale
is assigned, the assignee acquires the same rights and obligations that
the original purchaser acquired.
SECTION 26. IC 6-1.1-25-4, AS AMENDED BY P.L.139-2001,
SECTION 14, AND AS AMENDED BY P.L.198-2001, SECTION 60,
IS AMENDED AND CORRECTED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 4. (a) If a certificate of sale is
issued to a purchaser under IC 6-1.1-24-9 and the real property is not
redeemed within: The period for redemption of real property sold
under IC 6-1.1-24 is:
(1) one (1) year after the date of sale;
(2) one hundred twenty (120) days after the county acquires a lien
on the property under IC 6-1.1-24-6;
(3) one hundred twenty (120) days from after the date of sale to
a purchasing agency qualified under IC 36-7-17;
(4) one hundred twenty (120) days from after the date of sale of
real property on the list prepared under IC 6-1.1-24-1.5; or
(5) one hundred twenty (120) days after the date of sale under
IC 6-1.1-24-5.5(b).
as extended by compliance with the notice provisions in section 4.5 of
this chapter, the county auditor shall, upon receipt of the certificate
and subject to the limitations contained in this chapter, execute and
deliver a deed for the property to the purchaser. If a certificate of sale
is issued to a county under IC 6-1.1-24-9 and the real property is not
redeemed within one (1) year after the date of sale, the county auditor
shall, upon receipt of the certificate and subject to the limitations
contained in this chapter, issue a deed for the property to the county.
The county auditor shall execute deeds issued under this section in the
name of the state under the county auditor's name and seal. If a
certificate of sale is lost before the execution of a deed, the county
auditor shall, subject to the limitations in this chapter, execute and
deliver a deed if the court has made a finding that the certificate did
exist.
(b) When a deed for real property is executed under this section,
chapter, the county auditor shall cancel the certificate of sale and file
the canceled certificate in his the office of the county auditor. If real
property that appears on the list prepared under IC 6-1.1-24-1.5 is
offered for sale and an amount that is at least equal to the minimum
sale price required under IC 6-1.1-24-5(e) is not received, the county
auditor shall issue a deed to the real property in the manner provided
in IC 6-1.1-24-6.5.
(c) When a deed is issued to a county under this section, chapter,
the taxes and special assessments for which the real property was
offered for sale, and all subsequent taxes, special assessments, interest,
penalties, and cost of sale shall be removed from the tax duplicate in
the same manner that taxes are removed by certificate of error.
(d) A tax deed executed under this section chapter vests in the
grantee an estate in fee simple absolute, free and clear of all liens and
encumbrances created or suffered before or after the tax sale except
those liens granted priority under federal law and the lien of the state
or a political subdivision for taxes and special assessments which
accrue subsequent to the sale and which are not removed under
subsection (c). However, the estate is subject to:
(1) all easements, covenants, declarations, and other deed
restrictions shown by public records; and
(2) laws, governing land use, ordinances, and regulations
concerning governmental police powers, including all zoning,
restrictions building, land use, improvements on the land, land
division, and environmental protection; and
(3) liens and encumbrances created or suffered by the purchaser
at the tax sale. grantee.
(e) The A tax deed executed under this chapter is prima facie
evidence of:
(1) the regularity of the sale of the real property described in the
deed;
(2) the regularity of all proper proceedings; and
(3) valid title in fee simple in the grantee of the deed.
(e) Notwithstanding the provisions of subsection (a),
(f) A county auditor is not required to execute a deed to the county
under subsection (a) this chapter if the county executive determines
that the property involved contains hazardous waste or another
environmental hazard for which the cost of abatement or alleviation
will exceed the fair market value of the property. The county may enter
the property to conduct environmental investigations.
(f) (g) If the county executive makes the determination under
subsection (e) (f) as to any interest in an oil or gas lease or separate
mineral rights, the county treasurer shall certify all delinquent taxes,
interest, penalties, and costs assessed under IC 6-1.1-24 to the clerk,
following the procedures in IC 6-1.1-23-9. After the date of the county
treasurer's certification, the certified amount is subject to collection as
delinquent personal property taxes under IC 6-1.1-23. Notwithstanding
IC 6-1.1-4-12.4 and IC 6-1.1-4-12.5, IC 6-1.1-4-12.6, the assessed
value of such an interest shall be zero (0) until production commences.
SECTION 27. IC 6-1.1-25-5.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5.5. (a) The deed
given by the county auditor to a county which that acquired property
under IC 6-1.1-24-6, or to a city agency which that acquired property
under IC 36-7-17, shall be in a form prescribed by the state board of
accounts and approved by the attorney general.
(b) The deed given by the county auditor to a city that acquires
acquired property under IC 6-1.1-24-6.6 before its expiration and
repeal must be in a form prescribed by the state board of accounts and
approved by the attorney general.
SECTION 28. IC 6-1.1-25-8, AS AMENDED BY P.L.139-2001,
SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 8. Each county auditor shall maintain a tax
sale record on the form prescribed by the state board of accounts. The
record shall contain:
(1) a description of each parcel of real property that is sold under
IC IC 6-1.1-24;
(2) the name of the owner of the real property at the time of the
sale;
(3) the date of the sale;
(4) the name and mailing address of the purchaser and the
purchaser's assignee, if any;
(5) the amount of the minimum bid;
(6) the amount for which the real property is sold;
(7) the amount of any taxes paid by the purchaser or the
purchaser's assignee and the date of the payment;
(8) the amount of any costs certified to the county auditor under
section 2(e) of this chapter and the date of the certification;
(9) the name of the person, if any, who redeems the property;
(10) the date of redemption;
(11) the amount for which the property is redeemed;
(9) (12) the date a deed, if any, to the real property is executed;
and
(13) the name of the grantee in the deed.
SECTION 29. IC 6-1.1-35.5-4, AS AMENDED BY P.L.198-2001,
SECTION 86, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4. (a) The level one examination shall be
given in July, and the level two examination shall be given in August.
Both level examinations also shall be offered annually immediately
following the conference of the department of local government
finance and at any other times that coordinate with training sessions
conducted under IC 6-1.1-35.2-2. The department of local government
finance may also give either or both examinations at other times
throughout the year.
(b) Examinations shall be held each year, at the times prescribed in
subsection (a), in Indianapolis and at not less than four (4) other
convenient locations chosen by the department of local government
finance.
(c) The department of local government finance may not limit the
number of individuals who take the examination and shall provide an
opportunity for all enrollees at each session to take the examination at
that session.
SECTION 30. IC 6-3.1-13.5-11, AS ADDED BY P.L.291-2001,
SECTION 177, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 11. To receive the credit
provided by this section, chapter, a taxpayer must claim the credit on
the taxpayer's annual state tax return or returns in the manner
prescribed by the department of state revenue. A taxpayer claiming a
credit under this chapter shall submit to the department of state revenue
a copy of the certification letter provided under section 10 of this
chapter. The taxpayer shall submit to the department of state revenue
all information that the department of state revenue determines is
necessary for the calculation of the credit provided by this chapter and
for the determination of whether an expenditure was for a qualified
investment.
SECTION 31. IC 6-3.1-20-5, AS ADDED BY P.L.151-2001,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 5. (a) Each year, an individual described in
section 4 of this chapter is entitled to a refundable credit against the
individual's state income tax liability in the amount determined under
this section.
(b) In the case of an individual with earned income of less than
eighteen thousand dollars ($18,000) for the taxable year, the amount of
the credit is equal to the lesser of:
(1) three hundred dollars ($300); or
(2) the amount of property taxes described in section 4(2) 4(a)(2)
of this chapter paid by the individual in the taxable year.
of land.
(c) In addition to the rates permitted by section 2 of this chapter, the
county council may impose the county adjusted gross income tax at a
rate of:
(1) fifteen-hundredths percent (0.15%);
(2) two-tenths percent (0.2%); or
(3) twenty-five hundredths percent (0.25%);
on the adjusted gross income of county taxpayers if the county council
makes the finding and determination set forth in subsection (b). The tax
imposed under this section may be imposed only until the later of the
date on which the financing on, acquisition, improvement, renovation,
and equipping described in subsection (b) is completed or the date on
which the last of any bonds issued or leases entered into to finance the
construction, acquisition, improvement, renovation, and equipping
described in subsection (b) are fully paid. The term of the bonds issued
(including any refunding bonds) or a lease entered into under
subsection (b)(2) may not exceed twenty (20) years.
(d) If the county council makes a determination under subsection
(b), the county council may adopt a tax rate under subsection (b). (c).
The tax rate may not be imposed at a rate greater than is necessary to
pay the costs of financing, acquiring, improving, renovating, and
equipping the county jail and related buildings and parking facilities,
including costs related to the demolition of existing buildings and the
acquisition of land.
(e) The county treasurer shall establish a county jail revenue fund
to be used only for purposes described in this section. County adjusted
gross income tax revenues derived from the tax rate imposed under this
section shall be deposited in the county jail revenue fund before
making a certified distribution under section 11 of this chapter.
(f) County adjusted gross income tax revenues derived from the tax
rate imposed under this section:
(1) may only be used for the purposes described in this section;
(2) may not be considered by the state board of tax commissioners
department of local government finance in determining the
county's maximum permissible property tax levy limit under
IC 6-1.1-18.5; and
(3) may be pledged to the repayment of bonds issued, or leases
entered into, for purposes described in subsection (b).
(g) A county described in subsection (a) possesses unique economic
development challenges due to underemployment in relation to
similarly situated counties. Maintaining low property tax rates is
essential to economic development and the use of county adjusted
gross income tax revenues as provided in this chapter to pay any bonds
issued or leases entered into to finance the construction, acquisition,
improvement, renovation, and equipping described under subsection
(b), rather than use of property taxes, promotes that purpose.
(h) Notwithstanding any other law, funds accumulated from the
county adjusted gross income tax imposed under this section after:
(1) the redemption of bonds issued; or
(2) the final payment of lease rentals due under a lease entered
into under this section;
shall be transferred to the county highway fund to be used for
construction, resurfacing, restoration, and rehabilitation of county
highways, roads, and bridges.
SECTION 34. IC 6-3.5-7-5, AS AMENDED BY P.L.135-2001,
SECTION 6, AS AMENDED BY P.L.185-2001, SECTION 3, AND
AS AMENDED BY P.L.291-2001, SECTION 179, IS AMENDED
AND CORRECTED TO READ AS FOLLOWS [EFFECTIVE UPON
PASSAGE]: Sec. 5. (a) Except as provided in subsection (c), the
county economic development income tax may be imposed on the
adjusted gross income of county taxpayers. The entity that may impose
the tax is:
(1) the county income tax council (as defined in IC 6-3.5-6-1) if
the county option income tax is in effect on January 1 of the year
the county economic development income tax is imposed;
(2) the county council if the county adjusted gross income tax is
in effect on January 1 of the year the county economic
development tax is imposed; or
(3) the county income tax council or the county council,
whichever acts first, for a county not covered by subdivision (1)
or (2).
To impose the county economic development income tax, a county
income tax council shall use the procedures set forth in IC 6-3.5-6
concerning the imposition of the county option income tax.
(b) Except as provided in subsections (c), and (g), (j), and (k), the
county economic development income tax may be imposed at a rate of:
(1) one-tenth percent (0.1%);
(2) two-tenths percent (0.2%);
(3) twenty-five hundredths percent (0.25%);
(4) three-tenths percent (0.3%);
(5) thirty-five hundredths percent (0.35%);
(6) four-tenths percent (0.4%);
(7) forty-five hundredths percent (0.45%); or
(8) five-tenths percent (0.5%);
plus the county adjusted gross income tax rate that are in effect on
January 1 of a year may not exceed one and thirty-five hundredths
percent (1.35%) if the county has imposed the county adjusted gross
income tax at a rate of one and one-tenth percent (1.1%) under
IC 6-3.5-1.1-2.5.
(i) For a county having a population of more than twelve thousand
six hundred (12,600) but less than thirteen thousand (13,000), thirteen
thousand five hundred (13,500) but less than fourteen thousand
(14,000), the county economic development income tax rate plus the
county adjusted gross income tax rate that are in effect on January 1 of
a year may not exceed one and fifty-five hundredths percent (1.55%).
(j) For a county having a population of more than sixty-eight
thousand (68,000) but less than seventy-three thousand (73,000),
seventy-one thousand (71,000) but less than seventy-one thousand
four hundred (71,400), the county economic development income tax
rate plus the county adjusted gross income tax rate that are in effect on
January 1 of a year may not exceed one and five-tenths percent (1.5%).
(j) This subsection applies to a county having a population of more
than twenty-seven thousand (27,000) but less than twenty-seven
thousand three hundred (27,300). In addition to the rates permitted
under subsection (b):
(1) the county economic development income tax may be imposed
at a rate of twenty-five hundredths percent (0.25%); and
(2) the sum of the county economic development income tax rate
and the county adjusted gross income tax rate that are in effect
on January 1 of a year may not exceed one and five-tenths
percent (1.5%);
if the county council makes a determination to impose rates under this
subsection and section 22.5 of this chapter.
(k) This subsection applies to a county having a population of more
than twenty-seven thousand (27,000) but less than twenty-seven
thousand three hundred (27,300). twenty-seven thousand four
hundred (27,400) but less than twenty-seven thousand five hundred
(27,500). In addition to the rates permitted under subsection (b):
(1) the county economic development income tax may be imposed
at a rate of twenty-five hundredths percent (0.25%); and
(2) the sum of the county economic development income tax rate
and the county adjusted gross income tax rate that are in effect
on January 1 of a year may not exceed one and five-tenths
percent (1.5%);
if the county council makes a determination to impose rates under this
subsection and section 22.5 of this chapter.
method utilized by the bureau.
SECTION 50. IC 12-7-2-69, AS AMENDED BY P.L.215-2001,
SECTION 26, AND AS AMENDED BY P.L.283-2001, SECTION 10,
IS AMENDED AND CORRECTED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 69. (a) "Division", except as
provided in subsections (b) and (c), refers to any of the following:
(1) The division of disability, aging, and rehabilitative services
established by IC 12-9-1-1.
(2) The division of family and children established by
IC 12-13-1-1.
(3) The division of mental health and addiction established by
IC 12-21-1-1.
(b) The term refers to the following:
(1) For purposes of the following statutes, the division of
disability, aging, and rehabilitative services established by
IC 12-9-1-1:
(A) IC 12-9.
(B) IC 12-10.
(C) IC 12-11.
(D) IC 12-12.
(2) For purposes of the following statutes, the division of family
and children established by IC 12-13-1-1:
(A) IC 12-13.
(B) IC 12-14.
(C) IC 12-15.
(D) IC 12-16.
(E) IC 12-16.1.
(F) IC 12-17.
(F) (G) IC 12-17.2.
(G) (H) IC 12-17.4.
(H) (I) IC 12-18.
(I) (J) IC 12-19.
(J) (K) IC 12-20.
(3) For purposes of the following statutes, the division of mental
health and addiction established by IC 12-21-1-1:
(A) IC 12-21.
(B) IC 12-22.
(C) IC 12-23.
(D) IC 12-25.
(c) With respect to a particular state institution, the term refers to
the division whose director has administrative control of and
responsibility for the state institution.
daily rate established by the division. The rate for facilities that are
referred to in this section and licensed under IC 16-28 may not exceed
an upper rate limit established by a rule adopted by the division. The
recipient may retain from the recipient's income a monthly personal
allowance of fifty-two dollars ($52). fifty dollars ($50). This amount
is exempt from income eligibility consideration by the division and
may be exclusively used by the recipient for the recipient's personal
needs. However, if the recipient's income is less than the amount of the
personal allowance, the division shall pay to the recipient the
difference between the amount of the personal allowance and the
recipient's income. A reserve or an accumulated balance from such a
source, together with other sources, may not be allowed to exceed the
state's resource allowance allowed for adults eligible for state
supplemental assistance or Medicaid as established by the rules of the
office of Medicaid policy and planning.
(e) In addition to the amount that may be retained as a personal
allowance under this section, an individual shall be allowed to retain
an amount equal to the individual's state and local income tax liability.
The amount that may be retained during a month may not exceed
one-third (1/3) of the individual's state and local income tax liability for
the calendar quarter in which that month occurs. This amount is
exempt from income eligibility consideration by the division. The
amount retained shall be used by the individual to pay any state or local
income taxes owed.
(f) In addition to the amounts that may be retained under
subsections (d) and (e), an eligible individual may retain a Holocaust
victim's settlement payment. The payment is exempt from income
eligibility consideration by the division.
(g) The rate of payment to the provider shall be determined in
accordance with a prospective prenegotiated payment rate predicated
on a reasonable cost related basis, with a growth of profit factor, as
determined in accordance with generally accepted accounting
principles and methods, and written standards and criteria, as
established by the division. The division shall establish an
administrative appeal procedure to be followed if rate disagreement
occurs if the provider can demonstrate to the division the necessity of
costs in excess of the allowed or authorized fee for the specific
boarding or residential home. The amount may not exceed the
maximum established under subsection (d).
(h) The personal allowance for one (1) month for an individual
described in subsection (a) is the amount that an individual would be
entitled to retain under subsection (d) plus an amount equal to one-half
(1/2) of the remainder of:
(1) gross earned income for that month; minus
(2) the sum of:
(A) sixteen dollars ($16); plus
(B) the amount withheld from the person's paycheck for that
month for payment of state income tax, federal income tax,
and the tax prescribed by the federal Insurance Contribution
Act (26 U.S.C. 3101 et seq.); plus
(C) transportation expenses for that month; plus
(D) any mandatory expenses required by the employer as a
condition of employment.
(i) An individual who, before September 1, 1983, has been admitted
to a home or facility that provides residential care under this section is
eligible for residential care in the home or facility.
(j) The director of the division may contract with the division of
mental health and addiction or the division of disability, aging, and
rehabilitative services to purchase services for individuals suffering
from mental illness or a developmental disability by providing money
to supplement the appropriation for community residential care
programs established under IC 12-22-2 or community residential
programs established under IC 12-11-1.1-1.
(k) A person with a mental illness may not be placed in a Christian
Science facility listed and certified by the Commission for
Accreditation of Christian Science Nursing Organizations/Facilities,
Inc., unless the facility is licensed under IC 16-28.
SECTION 52. IC 12-15-15-9, AS AMENDED BY P.L.283-2001,
SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 9. (a) Subject to subsections (e), (f), (g), and
(h), for each state fiscal year ending June 30, 1998, June 30, 1999, June
30, 2000, June 30, 2001, and June 30, 2002, a hospital is entitled to a
payment under this section.
(b) Subject to subsections (e), (f), (g), and (h), total payments to
hospitals under this section for a state fiscal year shall be equal to all
amounts transferred from the state hospital care for the indigent fund
established under IC 12-16 or IC 12-16.1 for Medicaid current
obligations during the state fiscal year, including amounts of the fund
appropriated for Medicaid current obligations.
(c) The payment due to a hospital under this section must be based
on a policy developed by the office. The policy:
(1) is not required to provide for equal payments to all hospitals;
(2) must attempt, to the extent practicable as determined by the
office, to establish a payment rate that minimizes the difference
between the aggregate amount paid under this section to all
hospitals in a county for a state fiscal year and the amount of the
county's hospital care for the indigent property tax levy for that
state fiscal year; and
(3) must provide that no hospital will receive a payment under
this section less than the amount the hospital received under
IC 12-15-15-8 section 8 of this chapter for the state fiscal year
ending June 30, 1997.
(d) Following the transfer of funds under subsection (b), an amount
equal to the amount determined in the following STEPS shall be
deposited in the Medicaid indigent care trust fund under
IC 12-15-20-2(2) and used to fund a portion of the state's share of the
disproportionate share payments to providers for the state fiscal year:
STEP ONE: Determine the difference between:
(A) the amount transferred from the state hospital care for the
indigent fund under subsection (b); and
(B) thirty-five million dollars ($35,000,000).
STEP TWO: Multiply the amount determined under STEP ONE
by the federal medical assistance percentage for the state fiscal
year.
(e) If funds are transferred under IC 12-16-14.1-2(e), those funds
must be used for the state's share of funding for payments to hospitals
under this subsection. A payment under this subsection shall be made
to all hospitals that received a payment under this section for the state
fiscal year beginning July 1, 2001, and ending June 30, 2002. Payments
under this subsection shall be in proportion to each hospital's payment
under this section for the state fiscal year beginning July 1, 2001, and
ending June 30, 2002.
(f) If the office of the uninsured parents program established by
IC 12-17.7-2-1 does not implement an uninsured parents program as
provided for in IC 12-17.7 before July 1, 2003, and funds are
transferred under IC 12-16-14.1-3, a hospital is entitled to a payment
under this section for the state fiscal year beginning on July 1, 2002.
Payments under this subsection shall be made after July 1, 2003, but
before December 31, 2003.
(g) If the office does not implement an uninsured parents program
as provided for in IC 12-17.7 before July 1, 2003, a hospital is entitled
to a payment under this section for state fiscal years ending after June
30, 2003.
(h) If funds are transferred under IC 12-17.7-9-2, those funds shall
be used for the state's share of payments to hospitals under this
subsection. A payment under this subsection shall be made to all
hospitals that received a payment under this section for the state fiscal
year beginning July 1, 2001, and ending June 30, 2002. Payments
under this subsection shall be in proportion to each hospital's payment
under this section for the state fiscal year beginning July 1, 2001, and
ending June 30, 2002.
SECTION 53. IC 12-15-20-2, AS AMENDED BY P.L.283-2001,
SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2000 (RETROACTIVE)]: Sec. 2. The Medicaid indigent care
trust fund is established to pay the state's share of the following:
(1) Enhanced disproportionate share payments to providers under
IC 12-15-19-1.
(2) Subject to subdivision (5), disproportionate share payments to
providers under IC 12-15-19-2.1.
(3) Medicaid payments for pregnant women described in
IC 12-15-2-13 and infants and children described in
IC 12-15-2-14.
(4) Municipal disproportionate share payments to providers under
IC 12-15-19-8.
(5) Of the intergovernmental transfers deposited into the
Medicaid indigent care trust fund under IC 12-15-15-1.1(d), the
following apply:
(A) The entirety of the intergovernmental transfers deposited
into the Medicaid indigent care trust fund under
IC 12-15-15-1.1(d) for state fiscal years ending on or before
June 30, 2000, shall be used to fund the state's share of the
disproportionate share payments to providers under
IC 12-15-19-2.1.
(B) Of the intergovernmental transfers deposited into the
Medicaid indigent care trust fund under IC 12-15-15-1.1(d) for
state fiscal years ending after June 30, 2000, an amount equal
to one hundred percent (100%) of the total intergovernmental
transfers deposited into the Medicaid indigent care trust fund
under IC 12-15-15-1.1(d) for the state fiscal year beginning
July 1, 1998, and ending June 30, 1999, shall be used to fund
the state's share of disproportionate share payments to
providers under IC 12-15-19-2.1. The remainder of the
intergovernmental transfers under IC 12-15-15-1.1(d) for the
state fiscal year shall be transferred to the state uninsured
parents program fund established under IC 12-17.8-2-1 to fund
the state's share of funding for the uninsured parents program
established under IC 12-17.7.
(C) If the office does not implement an uninsured parents
program as provided for in IC 12-17.7 before July 1, 2003, the
intergovernmental transfers transferred to the state uninsured
parents program fund under clause (B) shall be returned to the
Medicaid indigent care trust fund to be used to fund the state's
share of Medicaid add-on payments to hospitals licensed under
IC 16-21 under a payment methodology which shall be
developed by the office.
(D) If funds are transferred under IC 12-17.7-9-2 or
IC 12-17.8-2-4(c) IC 12-17.8-2-4(d) to the Medicaid indigent
care trust fund, the funds shall be used to fund the state's share
of Medicaid add-on payments to hospitals licensed under
IC 16-21 under a payment methodology which the office shall
develop.
SECTION 54. IC 12-15-42-14, AS ADDED BY P.L.287-2001,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 14. (a) The council shall provide an annual
report to the governor, the legislative council, and the health finance
commission (IC 2-5-23) not later than July 31 each year, beginning in
2003.
(b) The report required under this section must include the
following:
(1) The evaluation made by the office under IC 12-15-41-14
IC 12-15-41-13 and any comments the council has regarding the
evaluation.
(2) Recommendations for any necessary legislation or rules.
SECTION 55. IC 12-16-14.1-1, AS ADDED BY P.L.283-2001,
SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 1. (a) All funds in a county hospital care for the
indigent fund on July 1, 2002, derived from taxes levied under
IC 12-16-14-1(1) or allocated under IC 12-16-14-1(2) shall be
immediately transferred to the state hospital care for the indigent fund.
(b) Subject to subsection (d), beginning July 1, 2002, all tax receipts
derived from taxes levied under IC 12-16-14-1(1) that are first due and
payable in calendar year 2002 or earlier, or allocated under
IC 12-16-14-1(2) in calendar year 2002 or earlier, shall be paid into the
county general fund. Before the fifth day of each month, all of the tax
receipts paid into the general fund under this subdivision subsection
during the preceding month shall be transferred to the state hospital
care for the indigent fund.
(c) All tax receipts derived from taxes levied under
IC 12-16-14-1(1) that are first due and payable after calendar year
2002, or allocated under IC 12-16-14-1(2) after calendar year 2002,
shall be paid into the county general fund. Before the fifth day of each
month, all of the tax receipts paid into the general fund under this
subdivision subsection during the preceding month shall be transferred
to the state uninsured parents program fund established by
IC 12-17.8-2-1.
(d) If the state hospital care for the indigent fund is closed under
section 2(d) of this chapter at the time a transfer of receipts is to be
made to the fund, the receipts shall be transferred to the state uninsured
parents program fund established by IC 12-17.8-2-1.
SECTION 56. IC 12-16-14.1-2, AS ADDED BY P.L.283-2001,
SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 2. (a) Subject to subsections (b), (c), and (e), and
subject to the requirements of IC 12-15-15-9(b) regarding
appropriations from the state hospital care for the indigent fund for
Medicaid current obligations, beginning July 1, 2002, all funds
deposited in the state hospital care for the indigent fund derived from
taxes levied under IC 12-16-14-1(1) or allocated under
IC 12-16-14-1(2) shall be used by the division to pay claims for
services:
(1) eligible for payment under the hospital care for the indigent
program under IC 12-16-2 (before its repeal); and
(2) provided before July 1, 2002.
(b) This section may not delay, limit, or reduce the following:
(1) Any appropriation required under state law from the state
hospital care for the indigent fund for Medicaid current
obligations for the state fiscal years beginning July 1, 2000, and
July 1, 2001, for purposes of payments under IC 12-15-15-9(a)
through IC 12-15-15-9(d) for the state fiscal years beginning July
1, 2000, and July 1, 2001.
(2) The transfer of additional funds from the state hospital care for
the indigent fund for Medicaid current obligations anticipated
under IC 12-15-15-9(b) for purposes of IC 12-15-15-9(a) through
IC 12-15-15-9(d) for the state fiscal years beginning July 1, 2000,
and July 1, 2001.
(3) For state fiscal years beginning after June 30, 2002, any other
appropriation required under state law from the state hospital care
for the indigent fund for the uninsured parents program
established under IC 12-17.7-2-2. IC 12-17.7-2-1.
(c) The division shall cooperate with the office in causing the
appropriations and transfers from the state hospital care for the indigent
fund described in subsection (b) to occur.
(d) The state hospital care for the indigent fund shall close upon the
earlier of the following:
(1) The payment of all funds in the fund.
(2) The payment of all claims for services provided before July 1,
2002, that were eligible for payment under the hospital care for
the indigent program under IC 12-16-2 (before its repeal).
(e) Notwithstanding subsection (d) and IC 12-16.1, if at any time
before the closing of the state hospital care for the indigent fund the
amount of funds on deposit exceeds the amount necessary to pay the
claims for services provided before July 1, 2002, that were eligible for
payment under the hospital care for the indigent program under
IC 12-16 (before its repeal), those excess funds shall be transferred
from the fund for use as the state's share of funding for payments to
hospitals under IC 12-15-15-9(e). Subject to the operation of sections
5 and 6 of this chapter, amounts deposited in the state hospital care for
the indigent fund under IC 12-16.1 are not subject to this subsection.
(f) Upon the closing of the state hospital care for the indigent fund,
no further obligation shall be owed under the hospital care for the
indigent program under IC 12-16-2 (before its repeal).
SECTION 57. IC 12-16.1-14-6, AS ADDED BY P.L.283-2001,
SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 6. If an advancement is approved, the county
property tax revenue transferred to the state hospital care for the
indigent fund shall be immediately used to repay the amount of the
interest and advancements made under this section. chapter.
SECTION 58. IC 12-17.4-4-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 11. (a) The division
shall deny a license when an applicant fails to meet the requirements
for a license. The division shall deny a license to an applicant who has
been convicted of any of the following felonies:
(1) Murder (IC 35-42-1-1).
(2) Causing suicide (IC 35-42-1-2).
(3) Assisting suicide (IC 35-42-1-2.5).
(4) Voluntary manslaughter (IC 35-42-1-3).
(5) Reckless homicide (IC 35-42-1-5).
(6) Battery (IC 35-42-2-1).
(7) Aggravated battery (IC 35-42-2-1.5).
(8) Kidnapping (IC 35-42-3-2).
(9) Criminal confinement (IC 35-42-3-3).
(10) A felony sex offense under IC 35-42-4.
(11) Carjacking (IC 35-42-5-2).
(12) Arson (IC 35-43-1-1).
(13) Incest (IC 35-46-1-3).
payments throughout the state fiscal year.
(c) At the end of a state fiscal year, the office shall do the following:
(1) Determine the sums on deposit in the state uninsured parents
program fund.
(2) Calculate a reasonable estimate of the sums to be transferred
to the state uninsured parents program fund during the next state
fiscal year, taking into consideration the timing of the transfers.
(3) Calculate a reasonable estimate of the expenses to be paid by
the program during the next state fiscal year, taking into
consideration the likely number of enrollees in the program
during the next state fiscal year.
(d) If the amount on deposit in the state uninsured parents program
fund at the end of a state fiscal year, combined with the estimated
amount of transfers of funds into the fund during the next state fiscal
year, exceeds the estimate of the expenses to be paid by the program
during the next state fiscal year, then a sum equal to the excess amount
shall be transferred from the funds on deposit in the state uninsured
parents program fund at the end of the state fiscal year to the Medicaid
indigent care trust fund for purposes of IC 12-15-20-2(5)(D).
SECTION 61. IC 13-11-2-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 17. (a) "Board",
except as provided in subsections (b) through (j), refers to:
(1) the air pollution control board;
(2) the water pollution control board; or
(3) the solid waste management board.
(b) "Board", for purposes of IC 13-13-6, refers to the northwest
Indiana advisory board.
(c) "Board", for purposes of IC 13-17, refers to the air pollution
control board.
(d) "Board", for purposes of IC 13-18, refers to the water pollution
control board.
(e) "Board", for purposes of:
(1) IC 13-19;
(2) IC 13-20; except IC 13-20-18;
(3) IC 13-22;
(4) IC 13-23, except IC 13-23-11;
(5) IC 13-24; and
(6) IC 13-25;
refers to the solid waste management board.
(f) "Board", for purposes of IC 13-20-18, refers to the board of
managers of the Indiana institute on recycling.
(g) (f) "Board", for purposes of IC 13-21, refers to the board of
directors of a solid waste management district.
(h) (g) "Board", for purposes of IC 13-23-11, refers to the
underground storage tank financial assurance board.
(i) (h) "Board", for purposes of IC 13-26, refers to the board of
trustees of a regional water, sewage, or solid waste district.
(j) (i) "Board", for purposes of IC 13-27 and IC 13-27.5, refers to the
clean manufacturing technology board.
SECTION 62. IC 13-11-2-71 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 71. "Environmental
management laws" refers to the following:
(1) IC 13-12-2 and IC 13-12-3.
(2) IC 13-13.
(3) IC 13-14.
(4) IC 13-15.
(5) IC 13-16.
(6) IC 13-17-3-15, IC 13-17-8-10, IC 13-17-10, and IC 13-17-11.
(7) IC 13-18-12 and IC 13-18-15 through IC 13-18-20.
(8) IC 13-19-1 and IC 13-19-4.
(9) IC 13-20-1, IC 13-20-2, IC 13-20-4 through IC 13-20-15, and
IC 13-20-18 IC 13-20-19 through IC 13-20-21.
(10) IC 13-22.
(11) IC 13-23.
(12) IC 13-24.
(13) IC 13-25-1 through IC 13-25-5.
(14) IC 13-30, except IC 13-30-1.
SECTION 63. IC 13-11-2-110 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 110. (a) “Institute",
for purposes of IC 13-20-18, refers to the Indiana institute on recycling.
(b) "Institute", for purposes of IC 13-27 and IC 13-27.5, refers to the
Indiana clean manufacturing technology and safe materials institute.
SECTION 64. IC 13-11-2-206, AS AMENDED BY P.L.218-2001,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 206. "Solid waste disposal facility", for
purposes of IC 13-19-3-8, IC 13-19-3-8.2, IC 13-20-4, and IC 13-20-6,
means a facility at which solid waste is:
(1) deposited on or beneath the surface of the ground as an
intended place of final location; or
(2) incinerated.
SECTION 65. IC 13-11-2-212, AS AMENDED BY P.L.218-2001,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 212. (a) "Solid waste processing facility", for
purposes of IC 13-19-3-8, IC 13-19-3-8.2, IC 13-20-4, and IC 13-20-6,
means a facility at which at least one (1) of the following is located:
(1) A solid waste incinerator.
(2) A transfer station.
(3) A solid waste baler.
(4) A solid waste shredder.
(5) A resource recovery system.
(6) A composting facility.
(7) A garbage grinding system.
(b) The term does not include a facility or operation that generates
solid waste.
SECTION 66. IC 13-23-8-6, AS AMENDED BY P.L.14-2001,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 6. (a) If the balance in the excess liability trust
fund is insufficient to pay:
(1) claims under section 1 of this chapter;
(2) necessary personnel and administrative expenses associated
with the excess liability trust fund; and
(3) the transfer repayment specified in IC 13-23-15-3 before its
expiration and repeal;
the department shall cease paying claims.
(b) The department shall then notify each claimant that:
(1) the department may not pay the claim; and
(2) the claimant may not use the excess liability trust fund to
satisfy any financial assurance requirements under federal law.
SECTION 67. IC 13-26-5-2.5, AS ADDED BY P.L.193-2001,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2.5. (a) As used in this section, "septic tank
soil absorption system" has the meaning set forth in IC 13-11-2-199.5.
(b) Subject to subsection (d) and except as provided in subsection
(e), a property owner is exempt from the requirement to connect to a
district's sewer system and to discontinue use of a septic tank soil
absorption system if the following conditions are met:
(1) The property owner's septic tank soil absorption system was
installed not more than five (5) years before the district's sewer
system's anticipated connection date.
(2) The property owner's septic tank soil absorption system was
new at the time of installation and was approved in writing by the
local health department.
(3) The property owner, at the property owner's own expense,
obtains and provides to the district a certification from the local
health department or the department's designee that the septic
tank soil absorption system is functioning satisfactorily. If the
local health department or the department's designee denies the
issuance of a certificate to the property owner, the property owner
may appeal the denial to the board of the local health department.
The decision of the board is final and binding.
(4) The property owner provides the district with:
(A) the written notification of potential qualification for the
exemption described in subsection (g); and
(B) the certification described in subdivision (3);
within the time limits set forth in subsection (g).
(c) If a property owner, within the time allowed under subsection
(g), notifies a district in writing that the property owner qualifies for the
exemption under this section, the district shall, until the property
owner's eligibility for an exemption under this section is determined,
suspend the requirement that the property owner discontinue use of a
septic tank soil absorption system and connect to the district's sewer
system.
(d) A property owner who qualifies for the exemption provided
under this section may not be required to connect to the district's sewer
system for a period of three (3) years beginning on the date the district's
sewer system's anticipated connection date. If ownership of the
property passes from the owner who qualified for the exemption to
another person during the exemption period, the exemption does not
apply to the subsequent owner of the property.
(e) The district may require a property owner who qualifies for the
exemption under this section to discontinue use of a septic tank soil
absorption system and connect to the district's sewer system if the
district credits the unamortized portion of the original cost of the
property owner's septic tank soil absorption system against the debt
service portion of the customer's monthly bill. The amount that the
district must credit under this subsection is determined in STEP TWO
of the following formula:
STEP ONE: Multiply the original cost of the property owner's
septic tank soil absorption system by a fraction, the numerator of
which is ninety-six (96) months minus the age in months of the
property owner's septic system, and the denominator of which is
ninety-six (96) months.
STEP TWO: Determine the lesser of four thousand eight hundred
dollars ($4,800) or the result of STEP ONE.
The district shall apportion the total credit amount as determined in
STEP TWO against the debt service portion of the property owner's
monthly bill over a period to be determined by the district, but not to
exceed twenty (20) years, or two hundred forty (240) months.
whichever is fewer, may file a written petition objecting to the rates
and charges of the district. A petition filed under this subsection must:
(1) contain the name and address of each petitioner;
(2) be filed with a member of the district authority, in the county
where at least one (1) petitioner resides, not later than thirty (30)
days after the district adopts the ordinance establishing the rates
and charges; and
(3) set forth the grounds for the freeholder's freeholders'
objection.
(d) If a petition meeting the requirements of subsection (b) (c) is
filed, the district authority shall investigate and conduct a public
hearing on the petition. If more than one (1) petition concerning a
particular increase in rates and charges is filed, the district authority
shall consider the objections set forth in all the petitions at the same
public hearing.
(e) The district authority shall set the matter for public hearing not
less than ten (10) business days but not later than twenty (20) business
days after the petition has been filed. The district authority shall send
notice of the hearing by certified mail to the district and the petitioner
and publish the notice of the hearing in a newspaper of general
circulation in each county in the district.
(f) Upon the date fixed in the notice, the district authority shall hear
the evidence produced and determine whether the increased sewer rates
and charges established by the board by ordinance are just and
equitable rates and charges, according to the standards set forth in
section 9 of this chapter. The district authority, by a majority vote,
shall:
(1) sustain the ordinance establishing the rates and charges;
(2) sustain the petition; or
(3) make any other ruling appropriate in the matter.
(g) The order of the district authority may be appealed by the district
or a petitioner to the circuit court of the county in which the district is
located. The court shall try the appeal without a jury and shall
determine one (1) or both of the following:
(1) Whether the board of trustees of the district, in adopting the
ordinance increasing sewer rates and charges, followed the
procedure required by this chapter.
(2) Whether the increased sewer rates and charges established by
the board by ordinance are just and equitable rates and charges,
according to the standards set forth in section 9 of this chapter.
Either party may appeal the circuit court's decision in the same manner
that other civil cases may be appealed.
under IC 4-22-2, one hundred fourteen dollars and seventy-five
cents ($114.75). However, if the state of residence of the
nonresident applicant requires that before a resident of Indiana
may take turkey in that state the resident of Indiana must also
purchase another license in addition to a nonresident license to
take turkey, the applicant must also purchase a nonresident yearly
license to hunt under this section.
(24) A resident youth yearly consolidated license to hunt and fish,
six dollars ($6). This license is subject to the following:
(A) An applicant must be less than eighteen (18) years of age.
(B) The license is in lieu of the resident yearly license to hunt
and fish and all other yearly licenses, stamps, or permits to
hunt and fish for a specific species or by a specific means.
(b) The commission may set license fees to hunt, trap, or fish above
the minimum fees established under subsection (a).
SECTION 71. IC 14-23-3-3, AS AMENDED BY P.L.198-2001,
SECTION 96, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
MARCH 1, 2001 (RETROACTIVE)]: Sec. 3. Annually there shall be
levied and collected as other state taxes are levied and collected the
amount of twenty-two hundredths of one cent ($0.0022) upon each one
hundred dollars ($100) worth of taxable property in Indiana. The
money collected resulting from two hundred sixteen thousandths of one
cent ($0.00216) of the rate shall be paid into the fund. The money
collected resulting from four hundredths thousandths of one cent
($0.0004) ($0.00004) is appropriated to the budget agency for purposes
of department of local government finance data base management.
SECTION 72. IC 16-19-13-6, AS ADDED BY P.L.280-2001,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 6. (a) As used in this section, "rape crisis
center" means an organization that provides a full continuum of
services, including hotlines, victim advocacy, and supportive services,
from the onset of need for services through the completion of healing,
to victims of sexual assault.
(b) The sexual assault victims assistance fund is established. The
office shall administer the fund to provide financial assistance to rape
crisis centers. Money in the fund must be distributed to a statewide
nonprofit corporation whose primary purpose is pursuing the
eradication of sexual violence in Indiana. The nonprofit corporation
shall allocate money in the fund among the rape crisis centers. The
fund consists of:
(1) amounts transferred to the fund under from sexual assault
victims assistance fees collected under IC 33-19-6-21.
after dissolution.
SECTION 79. IC 20-5.5-3-3.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE MAY 1, 2001 (RETROACTIVE)]: Sec. 3.2. (a) An
organizer may submit to the sponsor a proposal to establish a
charter school.
(b) A proposal must contain at least the following information:
(1) Identification of the organizer.
(2) A description of the organizer's organizational structure
and governance plan.
(3) The following information for the proposed charter
school:
(A) Name.
(B) Purposes.
(C) Governance structure.
(D) Management structure.
(E) Educational mission goals.
(F) Curriculum and instructional methods.
(G) Methods of pupil assessment.
(H) Admission policy and criteria, subject to IC 20-5.5-5.
(I) School calendar.
(J) Age or grade range of pupils to be enrolled.
(K) A description of staff responsibilities.
(L) A description and the address of the physical plant.
(M) Budget and financial plans.
(N) Personnel plan, including methods for selection,
retention, and compensation of employees.
(O) Transportation plan.
(P) Discipline program.
(Q) Plan for compliance with any applicable desegregation
order.
(R) The date when the charter school is expected to:
(i) begin school operations; and
(ii) have students in attendance at the charter school.
(S) The arrangement for providing teachers and other staff
with health insurance, retirement benefits, liability
insurance, and other benefits.
(4) The manner in which an annual audit of the program
operations of the charter school is to be conducted by the
sponsor.
(c) This section does not waive, limit, or modify the provisions
of:
(1) IC 20-7.5 in a charter school where the teachers have
chosen to organize under IC 20-7.5; or
(2) an existing collective bargaining agreement for
noncertificated employees (as defined in IC 20-7.5-1-2.).
SECTION 80. IC 20-5.5-3-8, AS ADDED BY P.L.100-2001,
SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 8. A sponsor must notify an organizer who
submits a proposal under section 3 3.2 of this chapter of:
(1) the acceptance of the proposal; or
(2) the rejection of the proposal;
not later than sixty (60) days after the organizer submits the proposal.
SECTION 81. IC 20-5.5-3-11, AS ADDED BY P.L.100-2001,
SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 11. (a) This section applies if the sponsor
rejects a proposal.
(b) The organizer may appeal the decision of the sponsor to the
charter school review panel created under subsection (c).
(c) The charter school review panel is created. The members of the
panel are:
(1) the governor or his the governor's designee;
(2) the state superintendent of public instruction, who shall chair
the panel;
(3) a member of the board appointed by the state superintendent
of public instruction;
(4) a person with financial management experience appointed by
the governor; and
(5) a community leader with knowledge of charter school issues
appointed jointly by the governor and the state superintendent of
public instruction.
Members shall serve a two (2) year term and may be reappointed to the
panel upon expiration of their terms.
(d) All decisions of the panel shall be determined by a majority vote
of the panel's members.
(e) Upon the request of an organizer, the panel shall meet to
consider the organizer's proposal and the sponsor's reasons for rejecting
the proposal. The panel must allow the organizer and sponsor to
participate in the meeting.
(f) After the panel meets under subsection (d), (e), the panel shall
make one (1) of the following three (3) findings and issue the finding
to the organizer and the sponsor:
(1) A finding that supports the sponsor's rejection of the proposal.
(2) A finding that:
institution described in IC 20-5.5-1-14(1)(B). IC 20-5.5-1-15(1)(B). A
state educational institution may receive from the organizer of a charter
school sponsored by the state educational institution an administrative
fee equal to not more than three percent (3%) of the total amount the
governing body distributes under sections 3(b)(1) and 3(c) of this
chapter.
SECTION 85. IC 20-8.1-6.1-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 8. (a) As used in
this section, the following terms have the following meanings:
(1) "Class of school" refers to a classification of each school or
program in the transferee corporation by the grades or special
programs taught at the school. Generally, these classifications are
denominated as kindergarten, elementary school, middle school
or junior high school, high school, and special schools or classes,
such as schools or classes for special education, vocational
training, or career education.
(2) "ADM" means the following:
(A) For purposes of allocating to a transfer student state
distributions under IC 21-1-30 (primetime), "ADM" as
computed under IC 21-1-30-2.
(B) For all other purposes, "ADM" as set forth in
IC 21-3-1.6-1.1.
(3) "Pupil enrollment" means the following:
(A) The total number of students in kindergarten through
grade 12 who are enrolled in a transferee school corporation
on a date determined by the Indiana state board of education.
(B) The total number of students enrolled in a class of school
in a transferee school corporation on a date determined by the
Indiana state board of education.
However, a kindergarten student shall be counted under clauses
(A) and (B) as one-half (½) a student.
(4) "Special equipment" means equipment that during a school
year:
(A) is used only when a child with disabilities is attending
school;
(B) is not used to transport a child to or from a place where the
child is attending school;
(C) is necessary for the education of each child with
disabilities that uses the equipment, as determined under the
individualized instruction program for the child; and
(D) is not used for or by any child who is not a child with
disabilities.
tuition or time of payment that is different from the method, amount,
or time of payment that is provided in this section or section 9 of this
chapter. A school corporation may not transfer a student under this
section without the prior approval of the child's parent or guardian.
(j) If a school corporation experiences a net financial impact with
regard to transfer tuition that is negative for a particular school year as
described in IC 6-1.1-19-5.1, the school corporation may appeal for an
excessive levy as provided under IC 6-1.1-19-5.1.
SECTION 86. IC 20-9.1-2-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. Employment
Contracts. If a school corporation owns in its entirety the school bus
equipment, the school corporation may employ school bus drivers in
the same manner as other non-instructional employees are employed,
on a school year basis; however, each employment contract shall be in
writing. School corporations hiring employees under this section shall
purchase and carry public liability and property damage insurance
covering the operation of school bus equipment in compliance with
IC 1971, 27-7-4. IC 9-25. The provisions of sections 4 through 28 of
this chapter shall not apply to the employment of school bus drivers
who are hired under this section.
SECTION 87. IC 21-3-1.7-9, AS AMENDED BY P.L.291-2001,
SECTION 96, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 9. (a) Subject to the amount appropriated by
the general assembly for tuition support, the amount that a school
corporation is entitled to receive in tuition support for a year is the
amount determined in section 8 of this chapter.
(b) If the total amount to be distributed as tuition support under this
chapter, for enrollment adjustment grants under section 9.5 of this
chapter, for at-risk programs under section 9.7 of this chapter, for
academic honors diploma awards under section 9.8 of this chapter, and
for primetime distributions under IC 21-1-30 and as special and
vocational education grants under IC 21-3-1.8-3 or IC 21-3-10 for a
particular year, exceeds:
(1) three billion three hundred sixty-three million four hundred
thousand dollars ($3,363,400,000) in 2001;
(2) three billion four hundred seventy-one million one hundred
thousand dollars ($3,471,100,000) in 2002; and
(3) three billion five hundred ninety-four million two hundred
thousand dollars ($3,594, 200,000) in 2003;
the amount to be distributed for tuition support under this chapter to
each school corporation during each of the last six (6) months of the
year shall be reduced by the same dollar amount per ADM (as adjusted
by IC 21-3-1.6-1.1) so that the total reductions equal the amount of the
excess.
SECTION 88. IC 21-6.1-3-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 9. (a) The board
shall invest its assets with the care, skill, prudence, and diligence that
a prudent person acting in a like capacity and familiar with such
matters would use in the conduct of an enterprise of a like character
with like aims. The board shall also diversify such investments in
accordance with prudent investment standards.
(b) The board may:
(1) make or have made investigations concerning investments;
and
(2) contract for and employ investment counsel to advise and
assist in the purchase and sale of securities. subject to
IC 5-10.2-2-15.
(c) The board is not subject to IC 4-13, IC 4-13.6, or IC 5-16 when
managing real property as an investment. Any management agreements
entered into by the board must ensure that the management agent acts
in a prudent manner with regard to the purchase of goods and services.
Contracts for the management of investment property shall be
submitted to the governor, the attorney general, and the budget agency
for approval. A contract for the management of real property as an
investment:
(1) may not exceed a four (4) year term and must be based upon
guidelines established by the board;
(2) may provide that the property manager may collect rent and
make disbursements for routine operating expenses such as
utilities, cleaning, maintenance, and minor tenant finish needs;
(3) shall establish, consistent with the board's duty under
IC 30-4-3-3(c), guidelines for the prudent management of
expenditures related to routine operation and capital
improvements; and
(4) may provide specific guidelines for the board to purchase new
properties, contract for the construction or repair of properties,
and lease or sell properties without individual transactions
requiring the approval of the governor, the attorney general, the
Indiana department of administration, and the budget agency.
However, each individual contract involving the purchase or sale
of real property is subject to review and approval by the attorney
general at the specific request of the attorney general.
(d) Whenever the board takes bids in managing or selling real
property, the board shall require a bid submitted by a trust (as defined
in IC 30-4-1-1(a)) to identify all of the following:
(1) Each beneficiary of the trust.
(2) Each settlor empowered to revoke or modify the trust.
SECTION 89. IC 22-4-11-3.3, AS ADDED BY P.L.290-2001,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2002 (RETROACTIVE)]: Sec. 3.3. (a) For calendar
years 2002 through 2004, if the conditions of section 2 of this chapter
are met, the rate of contributions shall be determined and assigned,
with respect to each calendar year, to employers whose accounts have
a credit balance and who are eligible therefore according to each
employer's credit reserve ratio. Except as provided in section 3.2(b) of
this chapter, each employer shall be assigned the contribution rate
appearing in the applicable schedule A, B, C, D, or E on the line
opposite the employer's credit reserve ratio as set forth in the rate
schedule below:
employer shall be assigned the contribution rate appearing in the
applicable schedule A, B, C, D, or E on the line opposite the employer's
debit reserve ratio as set forth in the rate schedule below:
to the unemployment insurance board for disbursements of funds from
the skills 2016 training fund established by IC 22-4-24.5-2.
IC 22-4-24.5-1. The unemployment insurance board may either
approve or reject, but not modify, such a recommendation.
(b) If the unemployment insurance board approves a disbursement
recommended by the board, the department of workforce development
shall so disburse the funds.
(c) If the unemployment insurance board rejects a recommendation
of the board, the unemployment insurance board may return the
recommendation to the board and may include a written statement
explaining the reasons for the rejection.
SECTION 92. IC 22-4-24.5-1, AS ADDED BY P.L.290-2001,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1. (a) The skills 2016 training fund is
established to do the following:
(1) Administer the costs of the skills 2016 training program
established by IC 22-4-10.5.
(2) Undertake any program or activity that furthers the purposes
of IC 22-4-10.5.
(3) Refund skills 2016 training assessments erroneously collected
and deposited in the fund.
(b) Subject to subsection (j), fifty-five percent (55%) of the money
in the fund shall be allocated to the state educational institution
established under IC 20-12-61. The money so allocated to that state
educational institution shall be used as follows:
(1) An amount to be determined annually shall be allocated to the
state educational institution established under IC 20-12-61 for its
costs in administering the training programs described in
subsection (b). However, the amount so allocated may not exceed
fifteen percent (15%) of the total amount of money allocated
under this subsection.
(2) After the allocation made under subdivision (1), forty percent
(40%) shall be used to provide training to participants in joint
labor and management building trades apprenticeship programs
approved by the United States Department of Labor's Bureau of
Apprenticeship Training.
(3) After the allocation made under subdivision (1), forty percent
(40%) shall be used to provide training to participants in joint
labor and management industrial apprenticeship programs
approved by the United States Department of Labor's Bureau of
Apprenticeship Training.
(4) After the allocation made under subdivision (1), twenty
percent (20%) shall be used to provide training to industrial
employees not covered by subdivision (2).
(c) Subject to subsection (j), the remainder of the money in the fund
shall be allocated as follows:
(1) An amount not to exceed one million dollars ($1,000,000)
shall be allocated to the department of workforce development
annually for technology needs of the department.
(2) An amount not to exceed four hundred fifty thousand dollars
($450,000) shall be allocated annually for training and counseling
assistance under IC 22-4-14-2 provided by state educational
institutions (as defined in IC 20-12-0.5-1) or counseling provided
by the department of workforce development for individuals who:
(A) have been unemployed for at least four (4) weeks;
(B) are not otherwise eligible for training and counseling
assistance under any other program; and
(C) are not participating in programs that duplicate those
programs described in IC 22-4-25-1(e).
Training or counseling provided under IC 22-4-14-2 does not
excuse the claimant from complying with the requirements of
IC 22-4-14-3. Eligibility for training and counseling assistance
under this subdivision shall not be determined until after the
fourth week of eligibility for unemployment training
compensation benefits.
(3) An amount to be determined annually shall be set aside for the
payment of refunds from the fund.
(4) The remainder of the money in the fund after the allocations
provided for in subsection (b) and subdivisions (1) through (3)
shall be allocated to other incumbent worker training programs.
(d) The fund shall be administered by the board. However, all
disbursements from the fund must be recommended by the incumbent
workers training board and approved by the board as required by
IC 22-4-18.3-6.
(e) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested. Interest that accrues
from these investments shall be deposited in the fund.
(f) Money in the fund at the end of a state fiscal year does not revert
to the state general fund.
(g) The fund consists of the following:
(1) Assessments deposited in the fund.
(2) Earnings acquired through the use of money belonging to the
fund.
of the form of notification with the department.
(h) The issuance of a clearance by the department under subsection
(g) releases the officers and directors from personal liability under this
section.
SECTION 94. IC 25-1-1.1-3, AS AMENDED BY P.L.17-2001,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. A board, a commission, or a committee
shall revoke or suspend a license or certificate issued under this title by
the board, the commission, or the committee if the individual who
holds the license or certificate is convicted of any of the following:
(1) Dealing in or manufacturing cocaine, a narcotic drug, or
methamphetamine under IC 35-48-4-1.
(2) Dealing in a schedule I, II, or III controlled substance under
IC 35-48-4-2.
(3) Dealing in a schedule IV controlled substance under
IC 35-48-4-3.
(4) Dealing in a schedule V controlled substance under
IC 35-48-4-4.
(5) Dealing in a substance represented to be a controlled
substance under IC 35-48-4-4.5.
(6) Knowingly or intentionally manufacturing, advertising,
distributing, or possessing with intent to manufacture, advertise,
or distribute a substance represented to be a controlled substance
under IC 35-48-4-4.6.
(7) Dealing in a counterfeit substance under IC 35-48-4-5.
(8) Dealing in marijuana, hash oil, or hashish under
IC 35-48-4-10(b).
(9) Conspiracy under IC 35-41-5-2 to commit an offense listed in
subdivisions (1) through (8).
(10) Attempt under IC 35-41-5-1 to commit an offense listed in
subdivisions (1) through (8).
(11) An offense in any other jurisdiction in which the elements of
the offense for which the conviction was entered are substantially
similar to the elements of an offense described under subdivisions
(1) through (10).
(12) A violation of any federal or state drug law or rule related to
wholesale legend drug distributors licensed under IC 25-26-14.
SECTION 95. IC 25-1-6-5.5, AS ADDED BY P.L.227-2001,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 5.5. (a) A person who has a license renewal
denied by a board listed in section 3.2 3 of this chapter may file an
appeal of the denial with the executive director of the licensing agency.
suitable container with appropriate labeling for subsequent
administration to or use by a patient.
"Drug" means:
(1) articles or substances recognized in the official United States
Pharmacopoeia, official National Formulary, official
Homeopathic Pharmacopoeia of the United States, or any
supplement to any of them;
(2) articles or substances intended for use in the diagnosis, cure,
mitigation, treatment, or prevention of disease in man or animals;
(3) articles other than food intended to affect the structure or any
function of the body of man or animals; or
(4) articles intended for use as a component of any article
specified in subdivisions (1) through (3) and devices.
"Drug order" means a written order in a hospital or other health care
institution for an ultimate user for any drug or device, issued and
signed by a practitioner, or an order transmitted by other means of
communication from a practitioner, which is immediately reduced to
writing by the pharmacist, registered nurse, or other licensed health
care practitioner authorized by the hospital or institution. The order
shall contain the name and bed number of the patient; the name and
strength or size of the drug or device; unless specified by individual
institution policy or guideline, the amount to be dispensed either in
quantity or days; adequate directions for the proper use of the drug or
device when it is administered to the patient; and the name of the
prescriber.
"Drug regimen review" means the retrospective, concurrent, and
prospective review by a pharmacist of a patient's drug related history
that includes the following areas:
(1) Evaluation of prescriptions or drug orders and patient records
for drug allergies, rational therapy contradictions, appropriate
dose and route of administration, appropriate directions for use,
or duplicative therapies.
(2) Evaluation of prescriptions or drug orders and patient records
for drug-drug, drug-food, drug-disease, and drug-clinical
laboratory interactions.
(3) Evaluation of prescriptions or drug orders and patient records
for adverse drug reactions.
(4) Evaluation of prescriptions or drug orders and patient records
for proper utilization and optimal therapeutic outcomes.
"Drug utilization review" means a program designed to measure and
assess on a retrospective and prospective basis the proper use of drugs.
"Device" means an instrument, apparatus, implement, machine,
contrivance, implant, invitro in vitro reagent, or other similar or related
article including any component part or accessory, which is:
(1) recognized in the official United States Pharmacopoeia,
official National Formulary, or any supplement to them;
(2) intended for use in the diagnosis of disease or other conditions
or the cure, mitigation, treatment, or prevention of disease in man
or other animals; or
(3) intended to affect the structure or any function of the body of
man or other animals and which does not achieve any of its
principal intended purpose purposes through chemical action
within or on the body of man or other animals and which is not
dependent upon being metabolized for the achievement of any of
its principal intended purposes.
"Investigational or new drug" means any drug which is limited by
state or federal law to use under professional supervision of a
practitioner authorized by law to prescribe or administer such drug.
"Legend drug" has the meaning set forth in IC 16-18-2-199.
"License" and "permit" are interchangeable and mean a written
certificate from the Indiana board of pharmacy for the practice of
pharmacy or the operation of a pharmacy.
"Nonprescription drug" means a drug that may be sold without a
prescription and that is labeled for use by a patient in accordance with
state and federal laws.
"Person" means any individual, partnership, copartnership, firm,
company, corporation, association, joint stock company, trust, estate,
or municipality, or a legal representative or agent, unless this chapter
expressly provides otherwise.
"Practitioner" means a physician licensed under IC 25-22.5, a
veterinarian licensed under IC 15-5-1.1, a dentist licensed under
IC 25-14, a podiatrist licensed under IC 25-29, or any other person
licensed by law to prescribe and administer legend drugs in this state.
has the meaning set forth in IC 16-42-19-5.
"Pharmacist" means a person licensed under this chapter.
"Pharmacist extern" means a pharmacy student enrolled full-time in
an approved school of pharmacy and who is working in a school
sponsored, board approved program related to the practice of
pharmacy.
"Pharmacist intern" means a person who is working to secure
additional hours of practice and experience prior to making application
for a license to practice as a pharmacist.
"Pharmacy" means any facility, department, or other place where
prescriptions are filled or compounded and are sold, dispensed, offered,
or displayed for sale and which has as its principal purpose the
dispensing of drug and health supplies intended for the general health,
welfare, and safety of the public, without placing any other activity on
a more important level than the practice of pharmacy.
"The practice of pharmacy" or "the practice of the profession of
pharmacy" means a patient oriented health care profession in which
pharmacists interact with and counsel patients and with other health
care professionals concerning drugs and devices used to enhance
patients' wellness, prevent illness, and optimize the outcome of a drug
or device, by accepting responsibility for performing or supervising a
pharmacist intern, a pharmacist extern, or an unlicensed person under
section 18(a)(4) of this chapter to do the following acts, services, and
operations:
(1) The offering of or performing of those acts, service operations,
or transactions incidental to the interpretation, evaluation, and
implementation of prescriptions or drug orders.
(2) The compounding, labeling, administering, dispensing, or
selling of drugs and devices, including radioactive substances,
whether dispensed under a practitioner's prescription or drug
order, or sold or given directly to the ultimate consumer.
(3) The proper and safe storage and distribution of drugs and
devices.
(4) The maintenance of proper records of the receipt, storage,
sale, and dispensing of drugs and devices.
(5) Counseling, advising, and educating patients, patients'
caregivers, and health care providers and professionals, as
necessary, as to the contents, therapeutic values, uses, significant
problems, risks, and appropriate manner of use of drugs and
devices.
(6) Assessing, recording, and reporting events related to the use
of drugs or devices.
(7) Provision of the professional acts, professional decisions, and
professional services necessary to maintain all areas of a patient's
pharmacy related care as specifically authorized to a pharmacist
under this article.
"Prescription" means a written order or an order transmitted by
other means of communication from a practitioner to or for an ultimate
user for any drug or device containing the name and address of the
patient, the name and strength or size of the drug or device, the amount
to be dispensed, adequate directions for the proper use of the drug or
device by the patient, and the name of the practitioner issued and, if the
prescription is in written form, signed by a practitioner.
subsection (c) on June 30, 2003, a prescription for any drug, the label
of which bears either the legend, "Caution: Federal law prohibits
dispensing without prescription" or "Rx Only", may not be refilled
without written or oral authorization of a licensed practitioner.
(c) A prescription for any drug, the label of which bears either the
legend, "Caution: Federal law prohibits dispensing without
prescription" or "Rx Only", may be refilled by a pharmacist one (1)
time without the written or oral authorization of a licensed practitioner
if all of the following conditions are met:
(1) The pharmacist has made every reasonable effort to contact
the original prescribing practitioner or the practitioner's
designee for consultation and authorization of the prescription
refill.
(2) The pharmacist believes that, under the circumstances, failure
to provide a refill would be seriously detrimental to the patient's
health.
(3) The original prescription authorized a refill but a refill would
otherwise be invalid for either of the following reasons:
(A) All of the authorized refills have been dispensed.
(B) The prescription has expired under subsection (f).
(4) The prescription for which the patient requests the refill was:
(A) originally filled at the pharmacy where the request for a
refill is received and the prescription has not been transferred
for refills to another pharmacy at any time; or
(B) filled at or transferred to another location of the same
pharmacy or its affiliate owned by the same parent
corporation if the pharmacy filling the prescription has full
access to prescription and patient profile information that is
simultaneously and continuously updated on the parent
corporation's information system.
(5) The drug is prescribed for continuous and uninterrupted use
and the pharmacist determines that the drug is being taken
properly in accordance with IC 25-26-16.
(6) The pharmacist shall document the following information
regarding the refill:
(A) The information required for any refill dispensed under
subsection (d).
(B) The dates and times that the pharmacist attempted to
contact the prescribing practitioner or the practitioner's
designee for consultation and authorization of the
prescription refill.
(C) The fact that the pharmacist dispensed the refill without
the authorization of a licensed practitioner.
(7) The pharmacist notifies the original prescribing practitioner
of the refill and the reason for the refill by the practitioner's next
business day after the refill has been made by the pharmacist.
(8) Any pharmacist initiated refill under this subsection may not
be for more than the minimum amount necessary to supply the
patient through the prescribing practitioner's next business day.
However, a pharmacist may dispense a drug in an amount
greater than the minimum amount necessary to supply the patient
through the prescribing practitioner's next business day if:
(A) the drug is packaged in a form that requires the
pharmacist to dispense the drug in a quantity greater than the
minimum amount necessary to supply the patient through the
prescribing practitioner's next business day; or
(B) the pharmacist documents in the patient's record the
amount of the drug dispensed and a compelling reason for
dispensing the drug in a quantity greater than the minimum
amount necessary to supply the patient through the
prescribing practitioner's next business day.
(9) Not more than one (1) pharmacist initiated refill is dispensed
under this subsection for a single prescription.
(10) The drug prescribed is not a controlled substance.
A pharmacist may not refill a prescription under this subsection if the
practitioner has designated on the prescription form the words "No
Emergency Refill". This subsection expires June 30, 2003.
(d) When refilling a prescription, the refill record shall include:
(1) the date of the refill;
(2) the quantity dispensed if other than the original quantity; and
(3) the dispenser's identity on:
(A) the original prescription form; or
(B) another board approved, uniformly maintained, readily
retrievable record.
(d) (e) The original prescription form or the other board approved
record described in subsection (c) (d) must indicate by the number of
the original prescription the following information:
(1) The name and dosage form of the drug.
(2) The date of each refill.
(3) The quantity dispensed.
(4) The identity of the pharmacist who dispensed the refill.
(5) The total number of refills for that prescription.
(e) (f) A prescription is valid for not more than one (1) year after the
original date of filling. issue.
event of default, gives rise to the rights and remedies provided in
subsection (4), but a transfer that is prohibited or is an event of default
under the lease agreement is otherwise effective.
(3) A provision in a lease agreement which (i) prohibits a transfer
of a right to damages for default with respect to the whole lease
contract or of a right to payment arising out of the transferor's due
performance of the transferor's entire obligation, or (ii) makes such a
transfer an event of default, is not enforceable, and such a transfer is
not a transfer that materially impairs the prospect of obtaining return
performance by, materially changes the duty of, or materially increases
the burden or risk imposed on, the other party to the lease contract
within the purview of subsection (4).
(4) Subject to subsection (3) and IC 26-1-9.1-407:
(a) if a transfer is made which is made an event of default under
a lease agreement, the party to the lease contract not making the
transfer, unless that party waives the default or otherwise agrees,
has the rights and remedies described in IC 26-1-2.1-501(2); or
(b) if subdivision (a) is not applicable and if a transfer is made
that (i) is prohibited under a lease agreement or (ii) materially
impairs the prospect of obtaining return performance by,
materially changes the duty of, or materially increases the burden
or risk imposed on, the other party to the lease contract, unless the
party not making the transfer agrees at any time to the transfer in
the lease contract or otherwise, then, except as limited by
contract, (i) the transferor is liable to the party not making the
transfer for damages caused by the transfer to the extent that the
damages could not reasonably be prevented by the party not
making the transfer and (ii) a court having jurisdiction may grant
other appropriate relief, including cancellation of the lease
contract or an injunction against the transfer.
(5) A transfer of "the lease" or of "all my rights under the lease", or
a transfer in similar general terms, is a transfer of rights and, unless the
language or the circumstances, as in a transfer for security, indicate the
contrary, the transfer is a delegation of duties by the transferor to the
transferee. Acceptance by the transferee constitutes a promise by the
transferee to perform those duties. The promise is enforceable by either
the transferor or the other party to the lease contract.
(6) Unless otherwise agreed by the lessor and the lessee, a
delegation of performance does not relieve the transferor as against the
other party of any duty to perform or of any liability for default.
(7) In a consumer lease, to prohibit the transfer of an interest of a
party under the lease contract or to make a transfer an event of default,
the language must be specific, by a writing, and conspicuous.
SECTION 100. IC 26-1-4-210, AS AMENDED BY P.L.57-2000,
SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 210. (a) A collecting bank has a security
interest in an item and any accompanying documents or the proceeds
of either:
(1) in the case of an item deposited in an account, to the extent to
which credit given for the item has been withdrawn or applied;
(2) in the case of an item for which it has given credit available
for withdrawal as of right, to the extent of the credit given,
whether or not the credit is drawn upon or there is a right of
charge-back; or
(3) if it makes an advance on or against the item.
(b) If credit given for several items received at one (1) time or under
a single agreement is withdrawn or applied in part, the security interest
remains upon all the items, any accompanying documents, or the
proceeds of either. For the purpose of this section, credits first given
are first withdrawn.
(c) Receipt by a collecting bank of a final settlement for an item is
a realization on its security interest in the item, accompanying
documents, and proceeds. So long as the bank does not receive final
settlement for the item or give up possession of the item or
accompanying documents for purposes other than collection, the
security interest continues to that extent and is subject to IC 26-1-9,
IC 26-1-9.1, but:
(1) no security agreement is necessary to make the security
interest enforceable (IC 26-1-9.1-203(b)(3)(A));
(2) no filing is required to perfect the security interest; and
(3) the security interest has priority over conflicting perfected
security interests in the item, accompanying documents, or
proceeds.
SECTION 101. IC 26-3-7-16.8, AS AMENDED BY P.L.173-1999,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 16.8. (a) A lien against all grain assets of a
licensee or a person who is required to be licensed under this chapter
attaches in favor of the following:
(1) A lender or other claimant that has a receipt for grain owned
or stored by the licensee.
(2) A claimant that has a ticket or written evidence, other than a
receipt, of a storage obligation of the licensee.
(3) A claimant that surrendered a receipt as part of a grain sales
transaction if:
delivery less than thirty (30) days before the licensee's failure.
Claimants under this subdivision share pro rata in the remaining
assets if all claimants under subdivision (1) have been paid but
insufficient assets remain to fully satisfy all claimants under this
subdivision.
(3) Third priority is assigned to all other claimants that have
written evidence of the sale of grain to the failed licensee.
Claimants under this subdivision share pro rata in the distribution
of the remaining grain assets.
(g) If a claimant under this section brings an action to recover grain
assets that are subject to a lien under this section and the agency does
not join the action, the director shall, upon request of the claimant,
assign the lien to the claimant in order to allow the claimant to pursue
the claim to the extent that the action does not delay the resolution of
the matter by the agency, the prompt liquidation of the assets, or the
ultimate distribution of assets to all claimants.
(h) If:
(1) a claimant engaged in farming operations granted to one (1)
or more secured parties one (1) or more security interests in the
grain related to the claimant's claim under this section; and
(2) one (1) or more secured parties described in subdivision (1)
have given to:
(A) the licensee prior written notice of the security interest
under IC 26-1-9.1-320(a)(1) or IC 26-1-9-307(1)(a) before its
repeal; and
(B) the director prior written notice of the security interest
with respect to the grain described in subdivision (1) sufficient
to give the director a reasonable opportunity to cause the
issuance of a joint check under this subsection;
the director shall pay the claimant described in subdivision (1) the
portion of the proceeds of grain assets under subsection (e) to which
the claimant is entitled under this section by issuance of a check
payable jointly to the order of the claimant and any secured party
described in subdivision (1) who has given the notices described in
subdivision (2). If only one (1) secured party described in subdivision
(1) is a payee, the rights of the secured party in the check shall be to the
extent of the indebtedness of the claimant to the secured party. If two
(2) or more secured parties described in subdivision (1) are payees, the
nature, extent, and priority of their respective rights in the check are
determined in the same manner as the nature, extent, and priority of
their respective security interest under IC 26-1-9. IC 26-1-9.1.
SECTION 102. IC 26-4-6-3, AS AMENDED BY P.L.115-1999,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. (a) Except as provided in subsection (b),
within ninety (90) days of the board's approval of a valid claim, the
board shall compensate from the fund, in an amount described in
section 4 of this chapter and in the manner described in subsection (c),
a claimant who has incurred a financial loss or storage loss due to a
failure of a grain buyer or warehouseman.
(b) The time for payment may be extended if the board and claimant
mutually agree and put the terms of the payment in writing.
(c) If:
(1) a claimant engaged in farming operations granted to one (1)
or more secured parties one (1) or more security interests in the
grain related to the claimant's claim under this section; and
(2) one (1) or more secured parties described in subdivision (1)
have given to:
(A) the licensee prior written notice of the security interest
under IC 26-1-9.1-320(a)(1) or IC 26-1-9-307(1)(a) before its
repeal; and
(B) the board prior written notice of the security interest with
respect to the grain described in subdivision (1) sufficient to
give the board a reasonable opportunity to cause the issuance
of a joint check under this subsection;
the board may compensate the claimant described in subdivision (1) in
the amount to which the claimant is entitled under section 4 of this
chapter by causing the issuance of a check payable jointly to the order
of the claimant and any secured party described in subdivision (1) who
has given the notices described in subdivision (2). If only one (1)
secured party described in subdivision (1) is a payee, the rights of the
secured party in the check shall be to the extent of the indebtedness of
the claimant to the secured party. If two (2) or more secured parties
described in subdivision (1) are payees, the nature, extent, and priority
of their respective rights in the check are determined in the same
manner as the nature, extent, and priority of their respective security
interest under IC 26-1-9. IC 26-1-9.1.
SECTION 103. IC 27-1-12-32 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 32. A domestic life
insurance company shall not issue the type of life insurance or annuity
contracts defined and sanctioned under Class 1(c) of IC 27-1-5-1
unless, in addition to fulfilling all other qualifications prescribed by
law, it possesses assets of not less than twenty million dollars
($20,000,000), or combined capital and surplus, in the case of a stock
company, or surplus, in the case of a mutual company, of not less than
two million five hundred thousand dollars ($2,500,000). In applying
these qualifications to a subsidiary stock life insurance company
fulfilling the provisions of IC 27-2-9, that is a subsidiary company
(as defined in IC 27-1-23-2.6), the requirements concerning assets,
capital, and surplus shall be regarded as fulfilled if the consolidated
assets, capital, and surplus of the primary and subsidiary companies
equal or exceed the required amounts.
SECTION 104. IC 27-1-13-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. (a) The
following definitions apply throughout this section:
(1) "Acceptable collateral" means the following:
(A) As to securities lending transactions and for the purpose
of calculating counterparty exposure:
(i) cash;
(ii) cash equivalents;
(iii) letters of credit; and
(iv) direct obligations of, or securities that are fully
guaranteed as to principal and interest by, the government of
the United States or any agency of the United States,
including the Federal National Mortgage Association and
the Federal Home Loan Mortgage Corporation.
(B) As to lending foreign securities, sovereign debt rated 1 by
the Securities Valuation Office.
(C) As to repurchase transactions:
(i) cash;
(ii) cash equivalents; and
(iii) direct obligations of, or securities that are fully
guaranteed as to principal and interest by, the government of
the United States or any agency of the United States,
including the Federal National Mortgage Association and
the Federal Home Loan Mortgage Corporation.
(D) As to reverse repurchase transactions:
(i) cash; and
(ii) cash equivalents.
(2) "Admitted assets" means assets permitted to be reported as
admitted assets on the statutory financial statement of the insurer
most recently required to be filed with the commissioner.
(3) "Business entity" means any of the following:
(A) A sole proprietorship.
(B) A corporation.
(C) A limited liability company.
(D) An association.
or insuring governmental unit, administration, agency,
authority, district, subdivision, or instrumentality;
(B) payable from designated revenues pledged to the payment
of the principal and interest of the obligations; or
(C) improvement bonds or other obligations constituting a first
lien, except for tax liens, against all of the real estate within
the improvement district or on that part of such real estate not
discharged from such lien through payment of the assessment.
The area to which the improvement bonds or other obligations
under clause (C) relate must be situated within the limits of a
town or city and at least fifty percent (50%) of the properties
within that area must be improved with business buildings or
residences.
(4) In:
(A) direct obligations; or
(B) obligations secured by the full faith and credit;
of any state of the United States, the District of Columbia, or
Canada or any province thereof.
(5) In obligations guaranteed, supported, or insured as to principal
and interest by the United States, any state, territory, or
possession of the United States, the District of Columbia, Canada,
any province of Canada, or by an administration, agency,
authority, or instrumentality of any of the political units listed in
this subdivision. An obligation is "supported" for the purposes of
this subdivision when repayment of the obligation is secured by
real or personal property of value at least equal to the principal
amount of the indebtedness by means of mortgage, assignment of
vendor's interest in one (1) or more conditional sales contracts,
other title retention device, or by means of other security interest
in the property for the benefit of the holder of the obligation, and
one (1) of the political units listed in this subdivision, or an
administration, agency, authority, or instrumentality listed in this
subdivision, has entered into a firm agreement to rent or use the
property pursuant to which entity is obligated to pay money as
rental or for the use of the property in amounts and at times that
are sufficient, after provision for taxes upon and for other
expenses of the use of the property, to repay in full the
indebtedness, both principal and interest, and when the firm
agreement and the money obligated to be paid under the
agreement are assigned, pledged, or secured for the benefit of the
holder of the obligation. However, where the security consists of
a first mortgage lien or deed of trust on a fee interest in real
property, the obligation may provide for the amortization, during
the initial fixed period of the lease or contract of less than one
hundred percent (100%) of the indebtedness if there is pledged or
assigned, as additional security for the obligation, sufficient
rentals payable under the lease, or of contract payments, to secure
the amortized obligation payments required during the initial,
fixed period of the lease or contract, including but not limited to
payments of principal, interest, and taxes other than the income
taxes of the borrower, and if there is to be left unamortized at the
end of the period an amount not greater than the original
appraised value of the land only, exclusive of all improvements,
as prescribed by law.
(6) In obligations secured by mortgages or deeds of trust or
unencumbered real estate or perpetual leases thereon, in any state
in the United States, the District of Columbia, Canada, or any
province of Canada, not exceeding eighty percent (80%) of the
fair value of the security determined in a manner satisfactory to
the department, except that the percentage stated may be
exceeded if and to the extent that the excess is guaranteed or
insured by the United States, any state, territory, or possession of
the United States, the District of Columbia, Canada, any province
of Canada, or by an administration, agency, authority, or
instrumentality of any of such governmental units. The value of
the real estate must be determined by a method and in a manner
satisfactory to the department. The restrictions contained in this
subdivision do not apply to loans or investments made under
section 5 of this chapter.
(7) In obligations issued under or pursuant to the Farm Credit Act
of 1971 (12 U.S.C. 2001 through 2279aa-14) as in effect on
December 31, 1990, or the Federal Home Loan Bank Act (12
U.S.C. 1421 through 1449) as in effect on December 31, 1990,
interest bearing obligations of the FSLIC Resolution Fund and
shares of any institution that is insured by the Savings Association
Insurance Fund of the Federal Deposit Insurance Corporation to
the extent that the shares are insured, obligations issued or
guaranteed by the International Bank for Reconstruction and
Development, obligations issued or guaranteed by the
Inter-American Development Bank, and obligations issued or
guaranteed by the African Development Bank.
(8) In any mutual fund that:
(A) has been registered with the Securities and Exchange
Commission for a period of at least five (5) years immediately
preceding the date of purchase;
(B) has net assets of at least twenty-five million dollars
($25,000,000) on the date of purchase; and
(C) invests substantially all of its assets in investments
permitted under this subsection.
The amount invested in any single mutual fund shall not exceed
ten percent (10%) of admitted assets. The aggregate amount of
investments under this subdivision may be limited by the
commissioner if the commissioner finds that investments under
this subdivision may render the operation of the company
hazardous to the company's policyholders, to the company's
creditors, or to the general public. This subdivision in no way
limits or restricts investments that are otherwise specifically
permitted under this section.
(9) In obligations payable in United States dollars and issued,
guaranteed, assumed, insured, or accepted by a foreign
government or by a solvent business entity existing under the laws
of a foreign government, if the obligations of the foreign
government or business entity meet at least one (1) of the
following criteria:
(A) The obligations carry a rating of at least A3 conferred by
Moody's Investor Services, Inc.
(B) The obligations carry a rating of at least A- conferred by
Standard & Poor's Corporation.
(C) The earnings available for fixed charges of the business
entity for a period of five (5) fiscal years preceding the date of
purchase have averaged at least three (3) times the average
fixed charges of the business entity applicable to the period,
and if during either of the last two (2) years of the period, the
earnings available for fixed charges were at least three (3)
times the fixed charges of the business entity for the year. As
used in this subdivision, the terms "earnings available for fixed
charges" and "fixed charges" have the meanings set forth in
IC 27-1-12-2(a).
Foreign investments authorized by this subdivision shall not
exceed twenty percent (20%) of the company's admitted assets.
This subdivision in no way limits or restricts investments that are
otherwise specifically permitted under this section. Canada is not
a foreign government for purposes of this subdivision.
(10) In the obligations of any solvent business entity existing
under the laws of the United States, any state of the United States,
the District of Columbia, Canada, or any province of Canada,
provided that interest on the obligations is not in default.
(11) In the preferred or guaranteed shares of any solvent business
entity, so long as the business entity is not and has not been for
the preceding five (5) years in default in the payment of interest
due and payable on its outstanding debt or in arrears in the
payment of dividends on any issue of its outstanding preferred or
guaranteed stock.
(12) In the shares, other than those specified in subdivision (7), of
any solvent business entity existing under the laws of any state of
the United States, the District of Columbia, Canada, or any
province of Canada, and in the shares of any institution wherever
located which has the insurance protection provided by the
Savings Association Insurance Fund of the Federal Deposit
Insurance Corporation. Except for the purpose of mutualization
or for the purpose of retirement of outstanding shares of capital
stock pursuant to amendment of its articles of incorporation, or in
connection with a plan approved by the commissioner for
purchase of such shares by the insurance company's officers,
employees, or agents, or for the elimination of fractional shares,
no company subject to the provisions of this section may invest in
its own stock.
(13) In loans upon the pledge of any mortgage, stocks, bonds, or
other evidences of indebtedness, acceptable as investments under
the terms of this chapter, if the current value of the mortgage,
stock, bond, or other evidences of indebtedness is at least
twenty-five percent (25%) more than the amount loaned on it.
(14) In real estate, subject to subsections (d) and (e).
(15) In securities lending, repurchase, and reverse repurchase
transactions with business entities, subject to the following
requirements:
(A) The company's board of directors shall adopt a written
plan that specifies guidelines and objectives to be followed,
such as:
(i) a description of how cash received will be invested or
used for general corporate purposes of the company;
(ii) operational procedures to manage interest rate risk,
counterparty default risk, and the use of acceptable collateral
in a manner that reflects the liquidity needs of the
transaction; and
(iii) the extent to which the company may engage in these
transactions.
(B) The company shall enter into a written agreement for all
transactions authorized in this subdivision. The written
agreement shall require the termination of each transaction not
more than one (1) year from its inception or upon the earlier
demand of the company. The agreement shall be with the
counterparty business entity but, for securities lending
transactions, the agreement may be with an agent acting on
behalf of the company if the agent is a qualified business entity
and if the agreement:
(i) requires the agent to enter into separate agreements with
each counterparty that are consistent with the requirements
of this section; and
(ii) prohibits securities lending transactions under the
agreement with the agent or its affiliates.
(C) Cash received in a transaction under this section shall be
invested in accordance with this section and in a manner that
recognizes the liquidity needs of the transaction or used by the
company for its general corporate purposes. For as long as the
transaction remains outstanding, the company or its agent or
custodian shall maintain, as to acceptable collateral received
in a transaction under this section, either physically or through
book entry systems of the Federal Reserve, Depository Trust
Company, Participants Trust Company, or other securities
depositories approved by the commissioner:
(i) possession of the acceptable collateral;
(ii) a perfected security interest in the acceptable collateral;
or
(iii) in the case of a jurisdiction outside the United States,
title to, or rights of a secured creditor to, the acceptable
collateral.
(D) For purposes of calculations made to determine
compliance with this subdivision, no effect may be given to
the company's future obligation to resell securities in the case
of a repurchase transaction, or to repurchase securities in the
case of a reverse repurchase transaction. A company shall not
enter into a transaction under this subdivision if, as a result of
and after giving effect to the transaction:
(i) the aggregate amount of securities then loaned, sold to,
or purchased from any one (1) business entity pursuant to
this subdivision would exceed five percent (5%) of its
admitted assets (but, in calculating the amount sold to or
purchased from a business entity pursuant to repurchase or
reverse repurchase transactions, effect may be given to
netting provisions under a master written agreement); or
(ii) the aggregate amount of all securities then loaned, sold
to, or purchased from all business entities under this
subdivision would exceed forty percent (40%) of its
admitted assets.
(E) In a securities lending transaction, the company shall
receive acceptable collateral having a market value as of the
transaction date at least equal to one hundred two percent
(102%) of the market value of the securities loaned by the
company in the transaction as of that date. If at any time the
market value of the acceptable collateral is less than the
market value of the loaned securities, the business entity shall
be obligated to deliver additional acceptable collateral, the
market value of which, together with the market value of all
acceptable collateral then held in connection with the
transaction, at least equals one hundred two percent (102%) of
the market value of the loaned securities.
(F) In a reverse repurchase transaction, the company shall
receive acceptable collateral having a market value as of the
transaction date at least equal to ninety-five percent (95%) of
the market value of the securities transferred by the company
in the transaction as of that date. If at any time the market
value of the acceptable collateral is less than ninety-five
percent (95%) of the market value of the securities so
transferred, the business entity shall be obligated to deliver
additional acceptable collateral, the market value of which,
together with the market value of all acceptable collateral then
held in connection with the transaction, equals at least
ninety-five percent (95%) of the market value of the
transferred securities.
(G) In a repurchase transaction, the company shall receive as
acceptable collateral transferred securities having a market
value equal to at least one hundred two percent (102%) of the
purchase price paid by the company for the securities. If at any
time the market value of the acceptable collateral is less than
one hundred percent (100%) of the purchase price paid by the
company, the business entity shall be obligated to provide
additional acceptable collateral, the market value of which,
together with the market value of all acceptable collateral then
held in connection with the transaction, equals at least one
hundred two percent (102%) of the purchase price. Securities
acquired by a company in a repurchase transaction shall not be
sold in a reverse repurchase transaction, loaned in a securities
lending transaction, or otherwise pledged.
(16) In mortgage backed securities, including collateralized
mortgage obligations, mortgage pass through securities, mortgage
backed bonds, and real estate mortgage investment conduits,
adequately secured by a pool of mortgages, which mortgages are
fully guaranteed or insured by the government of the United
States or any agency of the United States, including the Federal
National Mortgage Association or the Federal Home Loan
Mortgage Corporation.
(17) In mortgage backed securities, including collateralized
mortgage obligations, mortgage pass through securities, mortgage
backed bonds, and real estate mortgage investment conduits,
adequately secured by a pool of mortgages, if the securities carry
a rating of at least:
(A) A3 conferred by Moody's Investor Services, Inc.; or
(B) A- conferred by Standard & Poor's Corporation.
The amount invested in any one (1) obligation or pool of
obligations described in this subdivision shall not exceed five
percent (5%) of admitted assets. The aggregate amount of all
investments under this subdivision shall not exceed ten percent
(10%) of admitted assets.
(18) Any other investment acquired in good faith as payment on
account of existing indebtedness or in connection with the
refinancing, restructuring, or workout of existing indebtedness, if
taken to protect the interests of the company in that investment.
(19) In any other investment. The total of all investments under
this subdivision, except for investments in subsidiary companies
under IC 27-2-9, IC 27-1-23-2.6, may not exceed an aggregate
amount of ten percent (10%) of the insurer's admitted assets.
Investments are not permitted under this subdivision:
(A) if expressly prohibited by statute; or
(B) in an insolvent organization or an organization in default
with respect to the payment of principal or interest on its
obligations.
(d) Any company subject to the provisions of this section shall have
power to acquire, hold, or convey real estate, or an interest therein, as
described below, and no other:
(1) Leaseholds, provided the mortgage term shall not exceed
four-fifths (4/5) of the unexpired lease term, including
enforceable renewable options, remaining at the time of the loan,
such real estate or leaseholds to be located in the United States,
any territory or possession of the United States, or Canada, the
value of such leasehold for statement purposes shall be
determined in a manner and form satisfactory to the department.
At the time the leasehold is acquired and approved by the
department, a schedule of annual depreciation shall be set up by
the department in which the value of said leasehold is to be
depreciated, and said depreciation is to be averaged out over not
exceeding a period of fifty (50) years.
(2) The building in which it has its principal office and the land
on which it stands.
(3) Such as shall be necessary for the convenient transaction of its
business.
(4) Such as shall have been acquired for the accommodation of its
business.
(5) Such as shall have been mortgaged to it in good faith by way
of security for loans previously contracted or for money due.
(6) Such as shall have been conveyed to it in connection with its
investments in real estate contracts or its investments in real
estate under lease or for the purpose of leasing or such as shall
have been acquired for the purpose of investment under any law,
order, or regulation authorizing such investment, for statement
purposes, the value of such real estate shall be determined in a
manner satisfactory to the department.
(7) Such as shall have been conveyed to it in satisfaction of debts
previously contracted in the course of its dealings, or in exchange
for real estate so conveyed to it.
(8) Such as it shall have purchased at sales on judgments, decrees,
or mortgages obtained or made for such debts.
(e) All real estate described in subsection (d)(4) through (d)(8)
which is not necessary for the convenient transaction of its business
shall be sold by said company and disposed of within ten (10) years
after it acquired title to the same, or within five (5) years after the same
has ceased to be necessary for the accommodation of its business,
unless the company procures the certificate of the commissioner that
its interests will suffer materially by a forced sale of the real estate, in
which event the time for the sale may be extended to such time as the
commissioner directs in the certificate.
SECTION 105. IC 27-1-15.6-5, AS ADDED BY P.L.132-2001,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2002 (RETROACTIVE)]: Sec. 5. (a) A resident
individual applying for:
(1) an insurance producer license;
1 most immediately preceding the issuance of the card.
(2) Contain the following information:
(A) The health benefit plan's name.
(B) The insured's name, group number, and identification
number.
(C) A telephone number to inquire about pharmacy related
issues.
(D) The issuer's international identification number or ANSI
BIN number, labeled as RxBIN.
(E) The processor control number, labeled as RxPCN.
(F) The insured's pharmacy benefits group number if different
than the medical group number, labeled as RxGRP.
(3) Only those fields listed in (A) through (F) clauses (A)
through (F) above that are required for proper adjudication of the
claim must appear on the card. If the card is used to adjudicate
non-pharmacy claims, then the designation "Rx" listed in the
fields (D) through (F) clauses (D) through (F) is not required to
be utilized used by the issuer.
(d) An insurer its or an insurer's agents, contractors, or
administrators, including pharmacy benefits managers, may not be
required to issue a prescription drug information card or other
technology to a person more than one (1) time during a twelve (12)
month period.
(e) The prescription drug information cards or other technology
issued under this section may be used for health insurance coverage
other than the coverage to which this chapter applies.
SECTION 112. IC 27-8-17-12, AS AMENDED BY P.L.66-2001,
SECTION 1, AND AS AMENDED BY P.L.203-2001, SECTION 12,
IS AMENDED AND CORRECTED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 12. (a) A utilization review
agent shall make available to an enrollee, and to a provider of record
upon request, at the time an adverse utilization review determination
is made: and to a provider of record upon request:
(1) a written description of the appeals procedure by which an
enrollee or a provider of record may appeal the utilization review
determination by the utilization review agent; and
(2) in the case of an enrollee covered under an accident and
sickness policy or a health maintenance organization contract
described in subsection (d), notice that the enrollee has the right
to appeal the utilization review determination under IC 27-8-28
or IC 27-13-10 and the toll free telephone number that the
enrollee may call to request a review of the determination or
obtain further information about the right to appeal.
(b) The appeals procedure provided by a utilization review agent
must meet the following requirements:
(1) On appeal, the determination not to certify an admission, a
service, or a procedure as necessary or appropriate must be made
by a health care provider licensed in the same discipline as the
provider of record.
(2) The determination of the appeal of a utilization review
determination not to certify an admission, service, or procedure
must be completed within thirty (30) days after:
(A) the appeal is filed; and
(B) all information necessary to complete the appeal is
received.
(c) A utilization review agent shall provide an expedited appeals
process for emergency or life threatening situations. The determination
of an expedited appeal under the process required by this subsection
shall be made by a physician and completed within forty-eight (48)
hours after:
(1) the appeal is initiated; and
(2) all information necessary to complete the appeal is received
by the utilization review agent.
(d) If an enrollee is covered under an accident and sickness
insurance policy (as defined in IC 27-8-28-1) or a contract issued by a
health maintenance organization (as defined in IC 27-13-1-19), the
enrollee's exclusive right to appeal a utilization review determination
is provided under IC 27-8-28 or IC 27-13-10, respectively.
(e) A utilization review agent shall make available upon request a
written description of the appeals procedure that an enrollee or
provider of record may use to obtain a review of a utilization review
determination by the utilization review agent.
SECTION 113. IC 27-8-28-2, AS ADDED BY P.L.66-2001,
SECTION 2, AND AS ADDED BY P.L.203-2001, SECTION 13, IS
AMENDED AND CORRECTED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 2. As used in this chapter,
"commissioner" refers to the commissioner of the department of
insurance. insurance commissioner appointed under IC 27-1-1-2.
SECTION 114. IC 27-8-28-6, AS ADDED BY P.L.66-2001,
SECTION 2, AND AS ADDED BY P.L.203-2001, SECTION 13, IS
AMENDED AND CORRECTED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 6. As used in this chapter,
"grievance" means any dissatisfaction expressed by or on behalf of a
covered individual regarding:
section 6(1) or 6(2) of this chapter, an insurer shall appoint a panel of
one (1) or more qualified individuals to resolve an appeal. The panel
must include one (1) or more individuals who:
(1) have knowledge in of the medical condition, procedure, or
treatment at issue;
(2) are licensed in the same profession and have a similar
specialty as the provider who proposed or delivered the health
care procedure, treatment, or service;
(3) are not involved in the matter giving rise to the appeal or in
the initial investigation of the grievance; and
(4) do not have a direct business relationship with the covered
individual or the health care provider who previously
recommended the health care procedure, treatment, or service
giving rise to the grievance.
(c) An appeal of a grievance decision must be resolved:
(1) as expeditiously as possible, reflecting the clinical urgency of
the situation; However, an appeal must be resolved and
(2) in any case, not later than forty-five (45) days after the appeal
is filed.
(d) An insurer shall allow a covered individual the opportunity to:
(1) appear in person before; or
(2) if unable to appear in person, otherwise appropriately
communicate with;
the panel appointed under subsection (b).
(e) An insurer shall notify a covered individual in writing of the
resolution of an appeal of a grievance decision within five (5) business
days after completing the investigation. The appeal resolution notice
must include the following:
(1) A statement of the decision reached by the insurer.
(2) A statement of the reasons, policies, and procedures that are
the basis of the decision.
(3) Notice of the covered individual's right to further remedies
allowed by law, including the right to external grievance review
by an independent review organization under IC 27-8-29.
(4) The department, address, and telephone number through
which a covered individual may contact a qualified representative
to obtain more information about the decision or the right to an
external grievance review.
SECTION 117. IC 27-8-29-3, AS ADDED BY P.L.66-2001,
SECTION 3, AND AS ADDED BY P.L.203-2001, SECTION 14, IS
AMENDED AND CORRECTED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 3. As used in this chapter,
"commissioner" refers to the commissioner of the department of
insurance. insurance commissioner appointed under IC 27-1-1-2.
SECTION 118. IC 27-8-29-13, AS ADDED BY P.L.66-2001,
SECTION 3, AND AS ADDED BY P.L.203-2001, SECTION 14, IS
AMENDED AND CORRECTED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 13. (a) An external grievance
procedure established under section 12 of this chapter must:
(1) allow a covered individual or a covered individual's
representative to file a written request with the insurer for an
external grievance review of the insurer's appeal resolution under
IC 27-8-28-17 not more than forty-five (45) days after the covered
individual is notified of the resolution; and
(2) provide for:
(A) an expedited external grievance review for a grievance
related to an illness, a disease, a condition, an injury, or a
disability if the time frame for a standard review would
seriously jeopardize the covered individual's:
(i) life or health; or
(ii) ability to reach and maintain maximum function; or
(B) a standard external grievance review for a grievance not
described in clause (A).
A covered individual may file not more than one (1) external grievance
of an insurer's appeal resolution under this chapter.
(b) Subject to the requirements of subsection (d), when a request is
filed under subsection (a), the insurer shall:
(1) select a different independent review organization for each
external grievance filed under this chapter from the list of
independent review organizations that are certified by the
department under section 19 of this chapter; and
(2) rotate the choice of an independent review organization
among all certified independent review organizations before
repeating a selection.
(c) The independent review organization chosen under subsection
(b) shall assign a medical review professional who is board certified in
the applicable specialty for resolution of an external grievance.
(d) The independent review organization and the medical review
professional conducting the external review under this chapter may not
have a material professional, familial, financial, or other affiliation with
any of the following:
(1) The insurer.
(2) Any officer, director, or management employee of the insurer.
(3) The health care provider or the health care provider's medical
group that is proposing the service.
(4) The facility at which the service would be provided.
(5) The development or manufacture of the principal drug, device,
procedure, or other therapy that is proposed for use by the treating
health care provider.
(6) The covered individual requesting the external grievance
review.
However, the medical review professional may have an affiliation
under which the medical review professional provides health care
services to covered individuals of the insurer and may have an
affiliation that is limited to staff privileges at the health facility, if the
affiliation is disclosed to the covered individual and the insurer before
commencing the review and neither the covered individual nor the
insurer objects.
(e) A covered individual may be required to pay not more than
twenty-five dollars ($25) of the costs associated with the services of an
independent review organization under this chapter. All additional
costs must be paid by the insurer.
SECTION 119. IC 27-8-29-14, AS ADDED BY P.L.66-2001,
SECTION 3, AND AS ADDED BY P.L.203-2001, SECTION 14, IS
AMENDED AND CORRECTED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 14. (a) A covered individual
who files an external grievance under this chapter: shall:
(1) shall not be subject to retaliation for exercising the covered
individual's right to an external grievance under this chapter;
(2) shall be permitted to utilize the assistance of other individuals,
including health care providers, attorneys, friends, and family
members throughout the review process;
(3) shall be permitted to submit additional information relating to
the proposed service throughout the review process; and
(4) shall cooperate with the independent review organization by:
(A) providing any requested medical information; or
(B) authorizing the release of necessary medical information.
(b) An insurer shall cooperate with an independent review
organization selected under section 13(b) of this chapter by promptly
providing any information requested by the independent review
organization.
SECTION 120. IC 27-8-29-17, AS ADDED BY P.L.66-2001,
SECTION 3, AND AS ADDED BY P.L.203-2001, SECTION 14, IS
AMENDED AND CORRECTED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 17. (a) If, at any time during an
external review performed under this chapter, the covered individual
submits information to the insurer that is relevant to the insurer's
resolution of the covered individual's appeal of a grievance decision
under IC 27-8-28-17 and that was not considered by the insurer under
IC 27-8-28:
(1) the insurer may reconsider the resolution under IC 27-8-28-17;
and
(2) if the insurer chooses to reconsider, the independent review
organization shall cease the external review process until the
reconsideration under subsection (b) is completed.
(b) If the An insurer reconsiders under subsection (a)(1), an insurer
to which information is submitted reconsidering the resolution of an
appeal of a grievance decision due to the submission of information
under subsection (a) shall reconsider the resolution under
IC 27-8-28-17 based on the information and notify the covered
individual of the insurer's decision:
(1) within seventy-two (72) hours after the information is
submitted, for a reconsideration related to an illness, a disease, a
condition, an injury, or a disability that would seriously
jeopardize the covered individual's:
(A) life or health; or
(B) ability to reach and maintain maximum function; or
(2) within fifteen (15) days after the information is submitted, for
a reconsideration not described in subdivision (1).
(c) If a the decision reached under subsection (b) is adverse to the
covered individual, the covered individual may request that the
independent review organization resume the external review under this
chapter.
(d) If an insurer to which information is submitted under subsection
(a) chooses not to reconsider the insurer's resolution under
IC 27-8-28-17, the insurer shall forward the submitted information to
the independent review organization within not more than two (2)
business days after the insurer's receipt of the information.
SECTION 121. IC 27-8-29-19, AS ADDED BY P.L.66-2001,
SECTION 3, AND AS ADDED BY P.L.203-2001, SECTION 14, IS
AMENDED AND CORRECTED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 19. (a) The department shall
establish and maintain a process for annual certification of independent
review organizations.
(b) The department shall certify a number of independent review
organizations determined by the department to be sufficient to fulfill
the purposes of this chapter.
(c) An independent review organization must meet the following
minimum requirements for certification by the department:
(1) Medical review professionals assigned by the independent
review organization to perform external grievance reviews under
this chapter:
(A) must be board certified in the specialty in which a covered
individual's proposed service would be provided;
(B) must be knowledgeable about a proposed service through
actual clinical experience;
(C) must hold an unlimited license to practice in a state of the
United States; and
(D) must not have any history of disciplinary actions or
sanctions, including:
(i) loss of staff privileges; or
(ii) restriction on participation;
taken or pending by any hospital, government, or regulatory
body.
(2) The independent review organization must have a quality
assurance mechanism to ensure: the:
(A) the timeliness and quality of reviews;
(B) the qualifications and independence of medical review
professionals;
(C) the confidentiality of medical records and other review
materials; and
(D) the satisfaction of covered individuals with the procedures
utilized by the independent review organization, including the
use of covered individual satisfaction surveys.
(3) The independent review organization must file with the
department the following information on or before March 1 of
each year:
(A) The number and percentage of determinations made in
favor of covered individuals.
(B) The number and percentage of determinations made in
favor of insurers.
(C) The average time to process a determination.
(D) Any other information required by the department.
The information required under this subdivision must be specified
for each insurer for which the independent review organization
performed reviews during the reporting year.
(4) Any additional requirements established by the department.
(d) The department may not certify an independent review
organization that is one (1) of the following:
(1) A professional or trade association of health care providers or
a subsidiary or an affiliate of a professional or trade association
of health care providers.
(2) An insurer, a health maintenance organization, or a health
plan association, or a subsidiary or an affiliate of an insurer,
health maintenance organization, or health plan association.
(e) The department may suspend or revoke an independent review
organization's certification if the department finds that the independent
review organization is not in substantial compliance with the
certification requirements under this section.
(f) The department shall make available to insurers a list of all
certified independent review organizations.
(g) The department shall make the information provided to the
department under subsection (c)(3) available to the public in a format
that does not identify individual covered individuals.
SECTION 122. IC 27-8-29-21, AS ADDED BY P.L.66-2001,
SECTION 3, AND AS ADDED BY P.L.203-2001, SECTION 14, IS
AMENDED AND CORRECTED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 21. (a) An insurer shall each
year file with the commissioner a description of the grievance
procedure of established by the insurer established under this chapter,
including:
(1) the total number of external grievances handled through the
procedure during the preceding calendar year;
(2) a compilation of the causes underlying those grievances; and
(3) a summary of the final disposition of those grievances;
for each independent review organization used by the insurer during
the reporting year.
(b) The information required by subsection (a) must be filed with
the commissioner on or before March 1 of each year. The
commissioner shall:
(1) make the information required to be filed under this section
available to the public; and
(2) prepare an annual compilation of the data required under
subsection (a) that allows for comparative analysis.
(c) The commissioner may require any additional reports as that are
necessary and appropriate for the commissioner to carry out the
commissioner's duties under this article.
SECTION 123. IC 27-13-9-5, AS ADDED BY P.L.230-2001,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 5. (a) This section applies to a health
maintenance organization that provides coverage for prescription drugs
or devices and issues a card or other technology for claims processing.
finally determined was not paid out prior to final distribution, provided
an action therefor shall be commenced within three (3) months after the
claim becomes absolute. Such distributees shall be jointly and severally
liable, but no distributee shall be liable for an amount exceeding the
amount of the estate or fund so distributed to him. If more than one (1)
distributee is liable to the creditor, the distributee shall make all
distributees who can be reached by process parties to the action. By its
judgment the court shall determine the amount of the liability of each
of the defendants as between themselves, but if any be insolvent or
unable to pay his proportion, or beyond the reach of process, the others,
to the extent of their respective liabilities, shall nevertheless be liable
to the creditor for the whole amount of the debt. If any person liable for
the debt fails to pay the person's just proportion to the creditor, the
person shall be liable to indemnify all who, by reason of such failure on
the persons's person's part, have paid more than their just proportion
of the debt, the indemnity to be recovered in the same action or in
separate actions.
SECTION 125. IC 29-1-16-6, AS AMENDED BY P.L.252-2001,
SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 6. (a) Upon the filing of any account in a
decedent's estate, hearing and notice thereof shall be had as follows: set
forth in this section.
(a) (b) If the account is for final settlement the court or clerk shall
set a date by which all objections to such final account and petition for
distribution must be filed in writing and the clerk shall give notice to
all persons entitled to share in the final distribution of said estate that
a final report has been filed and will be acted upon by the court on the
date set unless written objections are presented to the court on or
before that date. The personal representative shall at the time said
account is filed furnish to the clerk the names and addresses of all
persons entitled to share in the distribution of the residue of said estate,
whose names and addresses are known to the personal representative
or may by reasonable diligence be ascertained as set forth in the
personal representative's petition for distribution, together with
sufficient copies of said notice prepared for mailing. The clerk shall
send a copy of said notice by ordinary mail to each of said parties at
least fourteen (14) days prior to such date. Said parties or their attorney
of record may waive the service by mail of this notice and where there
is an attorney of record, service upon said attorney shall be sufficient
as to the parties represented by said attorney. Neither a notice nor a
hearing is required if all persons entitled to share in the final
distribution of the estate waive the service of notice by mail and
consent to the final account and petition for distribution without a
hearing.
(b) (c) If a person entitled to share in the distribution of the residue
of the estate is unknown or cannot be located, the personal
representative may give notice by one (1) publication in a newspaper
of general circulation, published in the county in which the
administration is pending. The deadline for filing an objection is
fourteen (14) days before the hearing date. The notice shall state that
objections to the final account and petition for distribution must be
filed in writing before the hearing date.
(c) (d) If the account is intermediate, but the personal representative
has therein petitioned the court that said account be made final as to the
matters and things reported in said account, the same procedure as to
hearing and notice shall be followed as in the case of a final account.
(d) (e) If the account is intermediate and the personal representative
makes no request that said account may be made final as to the matters
and things reported in said account, the court may order such notice as
the court deems necessary or approve the same ex parte and without
notice. Every such intermediate account approved without notice shall
be subject to review by the court at any time and shall not become final
until the personal representative's account in final settlement is
approved by the court.
SECTION 126. IC 31-19-11-1, AS AMENDED BY P.L.200-1999,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1. (a) Whenever the court has heard the
evidence and finds that:
(1) the adoption requested is in the best interest of the child;
(2) the petitioner or petitioners for adoption are of sufficient
ability to rear the child and furnish suitable support and
education;
(3) the report of the investigation and recommendation under
IC 31-19-8-5 has been filed;
(4) the attorney or agency arranging an adoption has filed with the
court an affidavit prepared by the state department of health under
IC 31-19-5-16 indicating whether a man is entitled to notice of the
adoption because the man has registered with the putative father
registry in accordance with IC 31-19-5;
(5) proper notice arising under subdivision (4), if notice is
necessary, of the adoption has been given;
(6) the attorney or agency has filed with the court an affidavit
prepared by the state department of health under:
(A) IC 31-19-6 indicating whether a record of a paternity
determination; or
(B) IC 16-37-2-2(g) indicating whether a paternity affidavit
executed under IC 16-37-2-2.1;
has been filed in relation to the child;
(7) proper consent, if consent is necessary, to the adoption has
been given; and
(8) the petitioner for adoption is not prohibited from adopting the
child as the result of an inappropriate criminal history described
in subsection (c);
the court shall grant the petition for adoption and enter an adoption
decree.
(b) A court may not grant an adoption unless the department's
affidavit under IC 31-19-5-16 is filed with the court as provided under
subsection (a)(4).
(c) A conviction of a felony or a misdemeanor related to the health
and safety of a child by a petitioner for adoption is a permissible basis
for the court to deny the petition for adoption. In addition, the court
may not grant an adoption if a petitioner for adoption has been
convicted of any of the felonies described as follows:
(1) Murder (IC 35-42-1-1).
(2) Causing suicide (IC 35-42-1-2).
(3) Assisting suicide (IC 35-42-1-2.5).
(4) Voluntary manslaughter (IC 35-42-1-3).
(5) Reckless homicide (IC 35-42-1-5).
(6) Battery as a felony (IC 35-42-2-1).
(7) Aggravated battery (IC 35-42-2-1.5).
(8) Kidnapping (IC 35-42-3-2).
(9) Criminal confinement (IC 35-42-3-3).
(10) A felony sex offense under IC 35-42-4.
(11) Carjacking (IC 35-42-5-2).
(12) Arson (IC 35-43-1-1).
(13) Incest (IC 35-46-1-3).
(14) Neglect of a dependent (IC 35-46-1-4(a)(1) and
IC 35-46-1-4(a)(2)).
(15) Child selling (IC 35-46-1-4(b)). (IC 35-46-1-4(d)).
(16) A felony involving a weapon under IC 35-47.
(17) A felony relating to controlled substances under IC 35-48-4.
(18) An offense relating to material or a performance that is
harmful to minors or obscene under IC 35-49-3.
(19) A felony that is substantially equivalent to a felony listed in
subdivisions (1) through (18) for which the conviction was
entered in another state.
IC 35-50-3, the clerk shall collect from the defendant a criminal costs
fee of one hundred twenty dollars ($120).
(b) In addition to the criminal costs fee collected under this section,
the clerk shall collect from the defendant the following fees if they are
required under IC 33-19-6:
(1) A document fee.
(2) A marijuana eradication program fee.
(3) An alcohol and drug services program user fee.
(4) A law enforcement continuing education program fee.
(5) A drug abuse, prosecution, interdiction, and correction fee.
(6) An alcohol and drug countermeasures fee.
(7) A child abuse prevention fee.
(8) A domestic violence prevention and treatment fee.
(9) A highway work zone fee.
(10) A deferred prosecution fee (IC 33-19-6-16.2).
(11) A judicial salaries fee (IC 33-19-6-18).
(12) (11) A document storage fee (IC 33-19-6-18.1).
(13) (12) An automated record keeping fee (IC 33-19-6-19).
(14) (13) A late payment fee (IC 33-19-6-20).
(15) (14) A sexual assault victims assistance fee (IC 33-19-6-21).
(c) Instead of the criminal costs fee prescribed by this section, the
clerk shall collect a pretrial diversion program fee if an agreement
between the prosecuting attorney and the accused person entered into
under IC 33-14-1-7 requires payment of those fees by the accused
person. The pretrial diversion program fee is:
(1) an initial user's fee of fifty dollars ($50); and
(2) a monthly user's fee of ten dollars ($10) for each month that
the person remains in the pretrial diversion program.
(d) The clerk shall transfer to the county auditor or city or town
fiscal officer the following fees, within thirty (30) days after they are
collected, for deposit by the auditor or fiscal officer in the appropriate
user fee fund established under IC 33-19-8:
(1) The pretrial diversion fee.
(2) The marijuana eradication program fee.
(3) The alcohol and drug services program user fee.
(4) The law enforcement continuing education program fee.
(e) Unless otherwise directed by a court, if a clerk collects only part
of a criminal costs fee from a defendant under this section, the clerk
shall distribute the partial payment of the criminal costs fee as follows:
(1) First, the clerk shall apply the partial payment to general court
costs.
(2) Second, if there is money remaining after the partial payment
is applied to general court costs under subdivision (1), the clerk
shall distribute the partial payment for deposit in the appropriate
county user fee fund.
(3) Third, if there is money remaining after distribution under
subdivision (2), the clerk shall distribute the partial payment for
deposit in the state user fee fund.
(4) Fourth, if there is money remaining after distribution under
subdivision (3), the clerk shall distribute the partial payment to
any other applicable user fee fund.
(5) Fifth, if there is money remaining after distribution under
subdivision (4), the clerk shall apply the partial payment to any
outstanding fines owed by the defendant.
SECTION 134. IC 33-19-5-2, AS AMENDED BY P.L.1-2001,
SECTION 35, AS AMENDED BY P.L.183-2001, SECTION 5, AND
AS AMENDED BY P.L.280-2001, SECTION 19, IS AMENDED AND
CORRECTED TO READ AS FOLLOWS [EFFECTIVE UPON
PASSAGE]: Sec. 2. (a) Except as provided in subsections (d) and (e),
for each action that results in a judgment:
(1) for a violation constituting an infraction; or
(2) for a violation of an ordinance of a municipal corporation (as
defined in IC 36-1-2-10);
the clerk shall collect from the defendant an infraction or ordinance
violation costs fee of seventy dollars ($70).
(b) In addition to the infraction or ordinance violation costs fee
collected under this section, the clerk shall collect from the defendant
the following fees if they are required under IC 33-19-6:
(1) A document fee (IC 33-19-6-1, IC 33-19-6-2, IC 33-19-6-3).
(2) An alcohol and drug services program user fee
(IC 33-19-6-7(b)).
(3) A law enforcement continuing education program fee
(IC 33-19-6-7(c)).
(4) An alcohol and drug countermeasures fee (IC 33-19-6-10).
(5) A highway work zone fee (IC 33-19-6-14).
(6) A deferred prosecution fee (IC 33-19-6-16.2).
(7) A jury fee (IC 33-19-6-17).
(7) A judicial salaries fee (IC 33-19-6-18).
(8) A document storage fee (IC 33-19-6-18.1).
(9) An automated record keeping fee (IC 33-19-6-19).
(10) A late payment fee (IC 33-19-6-20).
(c) The clerk shall transfer to the county auditor or fiscal officer of
the municipal corporation the following fees, within thirty (30) days
after they are collected, for deposit by the auditor or fiscal officer in the
user fee fund established under IC 33-19-8:
(1) The alcohol and drug services program user fee.
(2) The law enforcement continuing education program fee.
(3) The deferral program fee.
(d) The defendant is not liable for any ordinance violation costs fee
in an action in which:
(1) the defendant was charged with an ordinance violation subject
to IC 33-6-3;
(2) the defendant denied the violation under IC 33-6-3-2;
(3) proceedings in court against the defendant were initiated
under IC 34-28-5 (or IC 34-4-32 before its repeal); and
(4) the defendant was tried and the court entered judgment for the
defendant for the violation.
(e) Instead of the infraction or ordinance violation costs fee
prescribed by subsection (a), the clerk shall collect a deferral program
fee if an agreement between a prosecuting attorney or an attorney for
a municipal corporation and the person charged with a violation
entered into under IC 34-28-5-1 (or IC 34-4-32-1 before its repeal)
requires payment of those fees by the person charged with the
violation. The deferral program fee is:
(1) an initial user's fee not to exceed fifty-two dollars ($52); and
(2) a monthly user's fee not to exceed ten dollars ($10) for each
month the person remains in the deferral program.
SECTION 135. IC 33-19-5-3, AS AMENDED BY P.L.183-2001,
SECTION 6, AND AS AMENDED BY P.L.280-2001, SECTION 20,
IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON
PASSAGE]: Sec. 3. (a) For each action filed under:
(1) IC 31-34 or IC 31-37 (delinquent children and children in
need of services); or
(2) IC 31-14 (paternity);
the clerk shall collect a juvenile costs fee of one hundred twenty dollars
($120).
(b) In addition to the juvenile costs fee collected under this section,
the clerk shall collect the following fees if they are required under
IC 33-19-6:
(1) A document fee.
(2) A marijuana eradication program fee.
(3) An alcohol and drug services program user fee.
(4) A law enforcement continuing education program fee.
(5) An alcohol and drug countermeasures fee.
(6) A judicial salaries fee (IC 33-19-6-18).
(7) (6) A document storage fee (IC 33-19-6-18.1).
(IC 33-19-6-18.1).
(4) (3) An automated record keeping fee (IC 33-19-6-19).
SECTION 138. IC 33-19-5-6, AS AMENDED BY P.L.183-2001,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 6. (a) Except as provided under subsection
(c), for each action filed under:
(1) IC 6-4.1-5 (determination of inheritance tax);
(2) IC 29 (probate); and
(3) IC 30 (trusts and fiduciaries);
the clerk shall collect from the party filing the action a probate costs fee
of one hundred twenty dollars ($120).
(b) In addition to the probate costs fee collected under this section,
the clerk shall collect from the party filing the action the following fees
if they are required under IC 33-19-6:
(1) A document fee.
(2) A judicial salaries fee (IC 33-19-6-18).
(3) (2) A document storage fee (IC 33-19-6-18.1).
(4) (3) An automated record keeping fee (IC 33-19-6-19).
(c) A clerk may not collect a court costs fee for the filing of the
following exempted actions:
(1) Petition to open a safety deposit box.
(2) Filing an inheritance tax return, unless proceedings other than
the court's approval of the return become necessary.
(3) Offering a will for probate under IC 29-1-7, unless
proceedings other than admitting the will to probate become
necessary.
SECTION 139. IC 33-19-6-10, AS AMENDED BY P.L.213-2001,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 10. (a) In each action in which a person is
found to have:
(1) committed an offense under IC 9-30-5;
(2) violated a statute defining an infraction under IC 9-30-5; or
(3) been adjudicated a delinquent for an act that would be an
offense under IC 9-30-5, if committed by an adult;
and the person's driving privileges are suspended by the court or the
bureau of motor vehicles as a result of the finding, the clerk shall
collect an alcohol and drug countermeasures fee of two hundred dollars
($200).
(b) In each action in which a person is charged with an offense
under IC 9-30-5 and, by a plea agreement or agreement of the parties
that is approved by the court:
(1) judgment is entered for an offense under:
auditor the following:
(1) Seventy-five percent (75%) of the drug abuse, prosecution,
interdiction, and correction fees collected under
IC 33-19-5-1(b)(5).
(2) Seventy-five percent (75%) of the alcohol and drug
countermeasures fees collected under IC 33-19-5-1(b)(6),
IC 33-19-5-2(b)(4), and IC 33-19-5-3(b)(5).
The county auditor shall deposit fees distributed by a clerk under this
subsection into the county drug free community fund established under
IC 5-2-11.
(d) The clerk of a circuit court shall monthly distribute to the county
auditor fifty percent (50%) of the child abuse prevention fees collected
under IC 33-19-5-1(b)(8). The county auditor shall deposit fees
distributed by a clerk under this subsection into the county child
advocacy fund established under IC 12-17-17.
(e) The clerk of a circuit court shall semiannually distribute to the
auditor of state for deposit in the state general fund one hundred
percent (100%) of the judicial salaries fee.
(f) (e) The clerk of a circuit court shall monthly distribute to the
county auditor one hundred percent (100%) of the late payment fees
collected under IC 33-19-6-20. The county auditor shall deposit fees
distributed by a clerk under this subsection as follows:
(1) If directed to do so by an ordinance adopted by the county
fiscal body, the county auditor shall deposit forty percent (40%)
of the fees in the clerk's record perpetuation fund established
under IC 33-19-6-1.5 and sixty percent (60%) of the fees in the
county general fund.
(2) If the county fiscal body has not adopted an ordinance under
subdivision (1), the county auditor shall deposit all the fees in the
county general fund.
(g) (f) The clerk of the circuit court shall semiannually distribute to
the auditor of state for deposit in the sexual assault victims assistance
fund established under IC 16-19-13-6 one hundred percent (100%) of
the sexual assault victims assistance fees collected under
IC 33-19-6-21.
SECTION 141. IC 33-19-7-4, AS AMENDED BY P.L.183-2001,
SECTION 14, AND AS AMENDED BY P.L.280-2001, SECTION 26,
IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON
PASSAGE]: Sec. 4. (a) The clerk of a city or town court shall
semiannually distribute to the auditor of state as the state share for
deposit in the state general fund fifty-five percent (55%) of the amount
of fees collected under the following:
countermeasures fees collected under IC 33-19-5-1(b)(6),
IC 33-19-5-2(b)(4), and IC 33-19-5-3(b)(5).
The county auditor shall deposit fees distributed by a clerk under this
subsection into the county drug free community fund established under
IC 5-2-11.
(f) The clerk of a city or town court shall semiannually distribute to
the auditor of state for deposit in the state general fund one hundred
percent (100%) of the judicial salaries fee.
(g) (f) The clerk of a city or town court shall distribute monthly to
the city or town fiscal officer (as defined in IC 36-1-2-7) one hundred
percent (100%) of the late payment fees collected under IC 33-19-6-20.
The city or town fiscal officer (as defined in IC 36-1-2-7) shall deposit
fees distributed by a clerk under this subsection in the city or town
general fund.
SECTION 142. IC 34-6-2-38, AS AMENDED BY P.L.250-2001,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 38. (a) "Employee" and "public employee",
for purposes of section 91 of this chapter, IC 34-13-2, IC 34-13-3,
IC 34-13-4, and IC 34-30-14, mean a person presently or formerly
acting on behalf of a governmental entity, whether temporarily or
permanently or with or without compensation, including members of
boards, committees, commissions, authorities, and other
instrumentalities of governmental entities, volunteer firefighters (as
defined in IC 36-8-12-2), and elected public officials.
(b) The term also includes attorneys at law whether employed by the
governmental entity as employees or independent contractors and
physicians licensed under IC 25-22.5 and optometrists who provide
medical or optical care to confined offenders (as defined in IC 11-8-1)
within the course of their employment by or contractual relationship
with the department of correction. However, the term does not include:
(1) an independent contractor (other than an attorney at law, a
physician, or an optometrist described in this section);
(2) an agent or employee of an independent contractor;
(3) a person appointed by the governor to an honorary advisory or
honorary military position; or
(4) a physician licensed under IC 25-22.5 with regard to a claim
against the physician for an act or omission occurring or allegedly
occurring in the physician's capacity as an employee of a hospital.
(c) A physician licensed under IC 25-22.5 who is an employee of a
governmental entity (as defined in IC 34-6-2-49) shall be considered
a public employee for purposes of IC 34-13-3-3(21). IC 34-13-3-3(20).
SECTION 143. IC 34-6-2-49, AS AMENDED BY P.L.250-2001,
SECTION 4, AND AS AMENDED BY P.L.280-2001, SECTION 29,
IS AMENDED AND CORRECTED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 49. "Governmental entity", for
purposes of section 91 of this chapter, IC 34-13-2, IC 34-13-3, and
IC 34-13-4, and IC 34-26-2.5, means the state or a political subdivision
of the state.
SECTION 144. IC 34-13-3-3, AS AMENDED BY P.L.250-2001,
SECTION 6, AND AS AMENDED BY P.L.280-2001, SECTION 42,
IS AMENDED AND CORRECTED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 3. A governmental entity or an
employee acting within the scope of the employee's employment is not
liable if a loss results from the following:
(1) The natural condition of unimproved property.
(2) The condition of a reservoir, dam, canal, conduit, drain, or
similar structure when used by a person for a purpose that is not
foreseeable.
(3) The temporary condition of a public thoroughfare or extreme
sport area that results from weather.
(4) The condition of an unpaved road, trail, or footpath, the
purpose of which is to provide access to a recreation or scenic
area.
(5) The design, construction, control, operation, or normal
condition of an extreme sport area, if all entrances to the extreme
sport area are marked with:
(A) a set of rules governing the use of the extreme sport area;
(B) a warning concerning the hazards and dangers associated
with the use of the extreme sport area; and
(C) a statement that the extreme sport area may be used only
by persons operating extreme sport equipment.
This subdivision shall not be construed to relieve a governmental
entity from liability for the continuing duty to maintain extreme
sports areas in a reasonably safe condition.
(6) The initiation of a judicial or an administrative proceeding.
(6) (7) The performance of a discretionary function; however, the
provision of medical or optical care as provided in IC 34-6-2-38
shall be considered as a ministerial act.
(7) (8) The adoption and enforcement of or failure to adopt or
enforce a law (including rules and regulations), unless the act of
enforcement constitutes false arrest or false imprisonment.
(8) (9) An act or omission performed in good faith and without
malice under the apparent authority of a statute which is invalid
if the employee would not have been liable had the statute been
valid.
(9) (10) The act or omission of anyone other than the
governmental entity or the governmental entity's employee.
(10) (11) The issuance, denial, suspension, or revocation of, or
failure or refusal to issue, deny, suspend, or revoke, any permit,
license, certificate, approval, order, or similar authorization,
where the authority is discretionary under the law.
(11) (12) Failure to make an inspection, or making an inadequate
or negligent inspection, of any property, other than the property
of a governmental entity, to determine whether the property
complied with or violates any law or contains a hazard to health
or safety.
(12) (13) Entry upon any property where the entry is expressly or
impliedly authorized by law.
(13) (14) Misrepresentation if unintentional.
(14) (15) Theft by another person of money in the employee's
official custody, unless the loss was sustained because of the
employee's own negligent or wrongful act or omission.
(15) (16) Injury to the property of a person under the jurisdiction
and control of the department of correction if the person has not
exhausted the administrative remedies and procedures provided
by section 7 of this chapter.
(16) (17) Injury to the person or property of a person under
supervision of a governmental entity and who is:
(A) on probation; or
(B) assigned to an alcohol and drug services program under
IC 12-23, a minimum security release program under
IC 11-10-8, or a community corrections program under
IC 11-12.
(17) (18) Design of a highway (as defined in IC 9-13-2-73) if the
claimed loss occurs at least twenty (20) years after the public
highway was designed or substantially redesigned; except that this
subdivision shall not be construed to relieve a responsible
governmental entity from the continuing duty to provide and
maintain public highways in a reasonably safe condition.
(18) (19) Development, adoption, implementation, operation,
maintenance, or use of an enhanced emergency communication
system.
(19) (20) Injury to a student or a student's property by an
employee of a school corporation if the employee is acting
reasonably under a discipline policy adopted under
IC 20-8.1-5.1-7(b). or
time.
(d) A prosecution for murder may be commenced:
(1) at any time; and
(2) regardless of the amount of time that passes between:
(A) the date a person allegedly commits the elements of
murder; and
(B) the date the alleged victim of the murder dies.
(e) A prosecution for the following offenses is barred unless
commenced before the date that the alleged victim of the offense
reaches thirty-one (31) years of age:
(1) IC 35-42-4-3(a) (Child molesting).
(2) IC 35-42-4-5 (Vicarious sexual gratification).
(3) IC 35-42-4-6 (Child solicitation).
(4) IC 35-42-4-7 (Child seduction).
(5) IC 35-46-1-3 (Incest).
(f) Notwithstanding subsection (e)(1), a prosecution for child
molesting under IC 35-42-4-3(c) or IC 35-42-4-3(d) where a person
who is at least sixteen (16) years of age allegedly commits the offense
against a child who is not more than two (2) years younger than the
older person, is barred unless commenced within five (5) years after the
commission of the offense.
(g) A prosecution for forgery of an instrument for payment of
money, or for the uttering of a forged instrument, under IC 35-43-5-2,
is barred unless it is commenced within five (5) years after the maturity
of the instrument.
(h) If a complaint, indictment, or information is dismissed because
of an error, defect, insufficiency, or irregularity, a new prosecution may
be commenced within ninety (90) days after the dismissal even if the
period of limitation has expired at the time of dismissal, or will expire
within ninety (90) days after the dismissal.
(i) The period within which a prosecution must be commenced does
not include any period in which:
(1) the accused person is not usually and publicly resident in
Indiana or so conceals himself that process cannot be served on
him;
(2) the accused person conceals evidence of the offense, and
evidence sufficient to charge him with that offense is unknown to
the prosecuting authority and could not have been discovered by
that authority by exercise of due diligence; or
(3) the accused person is a person elected or appointed to office
under statute or constitution, if the offense charged is theft or
conversion of public funds or bribery while in public office.
an appropriate facility at whatever time or intervals, consecutive or
intermittent, the court determines to be appropriate. However:
(1) at least forty-eight (48) hours of the sentence must be served
consecutively; and
(2) the entire five (5) day sentence must be served within six (6)
months after the date of sentencing.
(c) Notwithstanding IC 35-50-6, a person does not earn credit time
while serving a five (5) day sentence under subsection (b).
SECTION 151. IC 35-50-1-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 6. (a) Before a
person who has been convicted of an offense and committed to the
department of correction is assigned to a department of correction
program or facility under IC 11-10-1, the sentencing court may
recommend that the department of correction place the person in a
secure private facility (as defined in IC 31-9-2-116) IC 31-9-2-115) if:
(1) the person was less than sixteen (16) years of age on the date
of sentencing; and
(2) the court determines that the person would benefit from the
treatment offered by the facility.
(b) A secure private facility may terminate a placement and request
the department of correction to reassign a convicted person to another
department of correction facility or program.
(c) When a convicted person becomes twenty-one (21) years of age
or if a secure private facility terminates a placement under subsection
(b) a convicted person shall:
(1) be assigned to a department of correction facility or program
under IC 11-10-1-3(b); and
(2) serve the remainder of the sentence in the department of
correction facility or program.
(d) A person who is placed in a secure private facility under this
section:
(1) is entitled to earn credit time under IC 35-50-6; and
(2) may be deprived of earned credit time as provided under rules
adopted by the department of correction under IC 4-22-2.
SECTION 152. IC 35-50-3-1, AS AMENDED BY P.L.90-2001,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1. (a) The court may suspend any part of a
sentence for a misdemeanor.
(b) Except as provided in subsection (c), whenever the court
suspends in whole or in part a sentence for a Class A, Class B, or Class
C misdemeanor, it may place the person on probation under IC 35-38-2
for a fixed period of not more than one (1) year, notwithstanding the
maximum term of imprisonment for the misdemeanor set forth in
sections 2 through 4 of this chapter. However, the combined term of
imprisonment and probation for a misdemeanor may not exceed one (1)
year.
(c) Whenever the court suspends a sentence for a misdemeanor, if
the court finds that the use or abuse of alcohol, drugs, or harmful
substances is a contributing factor or a material element of the offense,
the court may place the person on probation under IC 35-38-2 for a
fixed period of not more than two (2) years. However, a court may not
place a person on probation for a period of more than twelve (12)
months in the absence of a report that substantiates the need for a
period of probation that is longer that than twelve (12) months for the
purpose of completing a course of substance abuse treatment. A
probation user's fee that exceeds fifty percent (50%) of the maximum
probation user's fee allowed under IC 35-38-2-1 may not be required
beyond the first twelve (12) months of probation.
SECTION 153. IC 36-1-8-10, AS AMENDED BY P.L.167-2001,
SECTION 10, AND AS AMENDED BY P.L.199-2001, SECTION 28,
IS AMENDED AND CORRECTED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 10. (a) As used in this section,
"board" means an administration, an agency, an authority, a board, a
bureau, a commission, a committee, a council, a department, a
division, an institution, an office, a service, or other another similarly
designated body of a political subdivision.
(b) Whenever a law or political subdivision's resolution requires that
an appointment to a board be conditioned upon the political affiliation
of the appointee, or that the membership of a board not exceed a stated
number of members from the same political party, at the time of an
appointment, either of the following must apply to the appointee:
(1) The most recent primary election in which the appointee voted
was a primary election held by the party with which the appointee
claims affiliation. or
(2) The appointee is certified as a member of that party by the
party's county chairman for the county in which the appointee
resides.
(c) Notwithstanding any other law, if the term of an appointed
member of a board expires and the appointing authority does not make
an appointment to fill the vacancy, the member may continue to serve
on the board for only sixty (60) days after the expiration date of the
member's term.
SECTION 154. IC 36-1-12-4.7, AS AMENDED BY P.L.22-2001,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4.7. (a) This section applies whenever a
public work project is estimated to cost:
(1) at least twenty-five thousand dollars ($25,000) and less than
seventy-five thousand dollars ($75,000) in:
(A) a consolidated city or second class city;
(B) a county containing a consolidated city or second class
city; or
(C) a regional water or sewage district established under
IC 13-26; or
(2) at least twenty-five thousand dollars ($25,000) and less than
fifty thousand dollars ($50,000) in:
(A) a third class city or town with a population of more than
five thousand (5,000); or
(B) a county containing a third class city or town with a
population of more than five thousand (5,000).
(b) The board must proceed under the following provisions:
(1) The board shall invite quotes from at least three (3) persons
known to deal in the class of work proposed to be done by mailing
them a notice stating that plans and specifications are on file in a
specified office. The notice must be mailed not less than seven (7)
days before the time fixed for receiving quotes.
(2) The board may not require a person to submit a quote before
the meeting at which quotes are to be received. The meeting for
receiving quotes must be open to the public. All quotes received
shall be opened publicly and read aloud at the time and place
designated and not before.
(3) The board shall award the contract for the public work to the
lowest responsible and responsive quoter.
(4) The board may reject all quotes submitted.
SECTION 155. IC 36-2-6-22, AS ADDED BY P.L.185-2001,
SECTION 5, AND AS ADDED BY P.L.291-2001, SECTION 196, IS
AMENDED AND CORRECTED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 22. (a) As used in this section,
the following terms have the meanings set forth in IC 6-1.1-1:
(1) Assessed value.
(2) Exemption.
(3) Owner.
(4) Person.
(5) Property taxation.
(6) Real property.
(7) Township assessor.
(b) As used in this section, "PILOTS" means payments in lieu of
taxes.
(c) As used in this section, "property owner" means the owner of
real property described in IC 6-1.1-10-16.7 that is not located in a
county containing a consolidated city. having a population of more
than thirty-eight thousand five hundred (38,500) but less than
thirty-nine thousand (39,000).
(d) Subject to the approval of a property owner, the fiscal body of
a county may adopt an ordinance to require the property owner to pay
PILOTS at times set forth in the ordinance with respect to real property
that is subject to an exemption under IC 6-1.1-10-16.7. The ordinance
remains in full force and effect until repealed or modified by the
legislative body, subject to the approval of the property owner.
(e) The PILOTS must be calculated so that the PILOTS are in an
amount equal to the amount of property taxes that would have been
levied upon the real property described in subsection (d) if the property
were not subject to an exemption from property taxation.
(f) PILOTS shall be imposed in the same manner as property taxes
and shall be based on the assessed value of the real property described
in subsection (d). The township assessors shall assess the real property
described in subsection (d) as though the property were not subject to
an exemption.
(g) PILOTS collected under this section shall be distributed in the
same manner as if they were property taxes being distributed to taxing
units in the county.
(h) PILOTS shall be due as set forth in the ordinance and bear
interest, if unpaid, as in the case of other taxes on property. PILOTS
shall be treated in the same manner as taxes for purposes of all
procedural and substantive provisions of law.
SECTION 156. IC 36-2-13-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. Except for
sections 15.3 and 16.3 of this chapter, this chapter applies to all
counties.
SECTION 157. IC 36-4-3-15, AS AMENDED BY P.L.224-2001,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 15. (a) The court's judgment under section 12
or 15.5 of this chapter must specify the annexation ordinance on which
the remonstrance is based. The clerk of the court shall deliver a
certified copy of the judgment to the clerk of the municipality. The
clerk of the municipality shall:
(1) record the judgment in the clerk's ordinance record; and
(2) make a cross-reference to the record of the judgment on the
margin of the record of the annexation ordinance.
lands or lots affected are located.
(2) The county surveyor of each county in which the lands or lots
affected are located.
(3) Each plan commission, if any, that lost or gained jurisdiction
over the disannexed territory.
(4) The township trustee of each township that lost or gained
jurisdiction over the disannexed territory.
(5) The sheriff of each county in which the lands or lots affected
are located.
(6) The office of the secretary of state.
(7) The office of census data established by IC 2-5-1.1-12.
IC 2-5-1.1-12.2.
The county auditor may require the clerk of the municipality to furnish
an adequate number of copies of the list of disannexed lots or lands or
may charge the clerk a fee for photoreproduction of the list.
(d) A disannexation described by this section takes effect upon the
clerk of the municipality filing the order with:
(1) the county auditor of each county in which the annexed
territory is located; and
(2) the circuit court clerk, or if a board of registration exists, the
board of each county in which the annexed territory is located.
(e) The clerk of the municipality shall notify the office of the
secretary of state and the office of census data established by
IC 2-5-1.1-12 IC 2-5-1.1-12.2 of the date a disannexation is effective
under this chapter.
(f) A disannexation order under this chapter may not take effect
during the year preceding a year in which a federal decennial census is
conducted. A disannexation order that would otherwise take effect
during the year preceding a year in which a federal decennial census is
conducted takes effect January 2 of the year in which a federal
decennial census is conducted.
SECTION 159. IC 36-4-3-22, AS AMENDED BY P.L.212-2001,
SECTION 34, AND AS AMENDED BY P.L.276-2001, SECTION 9,
IS AMENDED AND CORRECTED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 22. (a) The clerk of the
municipality shall do the following:
(1) File each annexation ordinance against which a remonstrance
or an appeal has not been filed during the period permitted under
this chapter or the certified copy of a judgment ordering an
annexation to take place with each of the following:
(A) The county auditor of each county in which the annexed
territory is located.
in the office of the auditor or the office of the county surveyor.
SECTION 160. IC 36-7-13.5-11, AS ADDED BY P.L.31-2001,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 11. (a) The commission shall:
(1) identify qualifying properties;
(2) prepare a comprehensive master plan for development and
redevelopment within the corridor that:
(A) plans for remediation of environmental contamination;
(B) accounts for economic development and transportation
issues relating to environmental contamination; and
(C) establishes priorities for development or redevelopment of
qualifying properties;
(3) establish guidelines for the evaluation of applications for
grants from the fund;
(4) after reviewing a report from the department of environmental
management under section 22 of this chapter, refer to the
executive committee applications for grants from the fund under
section 21 of this chapter that the commission recommends for
approval;
(5) prepare and provide information to political subdivisions on
the availability of financial assistance from the fund;
(6) coordinate the implementation of the comprehensive master
plan;
(7) monitor the progress of implementation of the comprehensive
master plan; and
(8) report at least annually to the governor, the lieutenant
governor, the legislative council and all political subdivisions that
have territory within the corridor on:
(A) the activities of the commission; and
(B) the progress of implementation of the comprehensive
master plan; and
(9) employ an executive director and other individuals that are
necessary to carry out the commission's duties.
SECTION 161. IC 36-7-26-24, AS AMENDED BY P.L.185-2001,
SECTION 9, AND AS AMENDED BY P.L.291-2001, SECTION 203,
IS AMENDED AND CORRECTED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 24. (a) The commission may
issue bonds, payable in whole or in part, from money distributed 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)
years, nor may the term of any lease agreement entered into under this
section exceed twenty (20) 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 only distribute money from the fund only 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.
(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.
SECTION 162. IC 36-9-31-26 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 26. (a) The
executive of a unit that provides solid waste collection or disposal
services under this chapter shall by March 1 of each year calculate both
the full and per capita cost to the unit for solid waste collection and
disposal during the preceding year.
(b) The calculations that this section requires must include the
following as the principal components of the cost of solid waste
collection and disposal:
(1) The rate charged by the service provider, broken down into the
following:
(A) Collection costs.
(B) Disposal costs.
(C) Recycling costs.
(D) Other costs.
(2) Direct or indirect costs incurred by the service provider but
not included in the charge to the user.
(c) The Indiana institute on recycling shall determine a methodology
for Units to shall follow the methodology determined by the Indiana
institute on recycling in making the calculations that this section
requires.
(d) The unit shall publish the results of the calculations and each
principal component of the calculations in the manner provided for
publication of notice in IC 5-3-1. and file an exact copy of the
published information with the Indiana institute on recycling
(IC 13-20-18).
(e) This section expires June 30, 2002.
SECTION 163. [EFFECTIVE JULY 1, 2001 (RETROACTIVE)] (a)
Not later than September 1, 2001, the office of Medicaid policy and
planning shall develop a plan for the contracting of a
pharmaceutical benefit management (PBM) program for the
Medicaid prescription drug program and report to the budget
committee.
(b) The PBM program described in subsection (a) must include
the following:
(1) Efficient processing of Medicaid pharmaceutical claims.
(2) Real time eligibility verification.
(3) Point of service pharmacy drug utilization review
consisting of:
(A) drug to drug interactions;
(B) drug to disease interactions;
(C) drug refill notifications; and
(D) other prescription drug compliance measures.
(4) Patient interventions focused on clinically appropriate
prescribing and medication use.
(5) Identification of fraudulent claims at the pharmacy and
patient level.
(6) Prescriber education focused on drug utilization in
accordance with IC 12-15-35.
(c) The PBM program shall, to the greatest extent possible:
(1) capture data in National Council on Pharmacy Data
Processing (NCPDP) format; and
(2) make claims available to the office and the drug utilization
review board established by IC 12-15-35-19 for further
analysis.
(d) Not later than February 1, 2002, the office shall contract
with an independent contractor who shall analyze and report on
the cost savings and any increased expenses resulting from the
PBM program. The contractor shall provide the report required
under this subsection to the budget committee and the select joint
commission on Medicaid oversight:
(1) not later than June 1, 2002, for the period of September 1,
2001, through April 30, 2002; and
(2) not later than February 1, 2003, for the period of May 1,
2002, through December 31, 2003.
(e) The report required under subsection (d) must also include
recommendations on:
(1) improvements in the delivery of PBM services; and
(2) increased cost efficiencies for the state Medicaid
prescription drug program.
(f) This SECTION replaces IC 12-15-31-5, as added by
P.L.291-2001, SECTION 6 (effective July 1, 2001), which is
repealed by this act because IC 12-15-31 was repealed by
P.L.291-2001, SECTION 211 (effective upon passage). The duties
imposed by this SECTION are a continuation of the duties that
were initially imposed by IC 12-15-31-5, as added by P.L.291-2001.
(g) This SECTION expires September 1, 2002.
SECTION 164. P.L.38-2001, SECTION 4, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: SECTION
4. (a) The definitions set forth in IC 5-10.3-11 apply throughout this
SECTION.
(b) Notwithstanding the amendments made to IC 5-10.3-11-4 by this
act, in calendar year 2001, the state board shall make distributions from
the pension relief fund to eligible units of local government both under
IC 5-10.3-11-4, as in effect before amendment by this act, and under
IC 5-10.3-11-4, as in effect after amendment by this act. However, the
distributions to be made under IC 5-10.3-11-4, as in effect after
amendment by this act, shall be made in one (1) installment before
December 1, 2001. To the extent that a distribution under this
SECTION is paid in November 2001 or in 2002, that distribution must
be placed in the unit's account established by IC 5-10.3-11-6, as added
by this act. Distributions made to an eligible unit and paid to the unit's
account established by IC 5-10.3-11-6, as added by this act, under this
SECTION:
(1) shall be treated as additional revenue for the purpose of fixing
the eligible unit's budget for the calendar year during which an
amount is paid to the eligible unit from its account under
IC 5-10.3-11-6, as added by this act; and
(2) may not be used as a reason to reduce the eligible unit's
maximum or actual property tax levy under IC 6-1.1-18.5.
(c) IC 5-10.3-11-4, as amended by this act, applies beginning with
distributions that are determined and made in 2001. To comply with
this subsection, the eligible unit must comply with all of the following:
(1) If the eligible unit used county adjusted gross income tax of or
county option income tax revenues in 1998 for total pension
payments, the eligible unit must expend at least the same amount
of county adjusted gross income tax of or county option income
tax revenues in each year after 2000 and before 2008 for total
pension payments.
(2) If the eligible unit used ad valorum valorem property tax
revenues in 1998 for total pension payments, the eligible unit
must expend at least the same amount of ad valorum valorem
property tax revenues in each year after 2000 and before 2008 for
total pension payments.
(3) If the eligible unit used any other revenue in 1998 for total
pension payments, the eligible unit must expend at least the same
amount of other revenue in each year after 2000 and before 2008
for total pension payments.
If in any year the sum of the total local revenue that an eligible unit
must expend under this subsection for total pension payments plus the
total state distribution for which the eligible unit is eligible under
section sections 4, 4.5, and 4.7 of this chapter exceed the eligible unit's
total pension payment obligation, the state board shall reduce the
distribution under section 4.7 of this chapter in the amount of the
excess.
SECTION 165. P.L.100-2001, SECTION 28, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: SECTION
28. (a) This SECTION applies to a school city subject to
IC 20-3.1-15-1, as amended by this act.
(b) In negotiations under IC 20-7.5 for the first negotiated
agreement after July 1, 2001, the following shall be included as items
according to IC 20-7.5-1-4:
(1) Grievance procedure.
(2) Teacher evaluation.
(3) Reduction in force.
(c) This SECTION expires:
(1) upon the ratification of the agreement described in subsection
(a) (b); or
(2) July 1, 2005;
whichever is the earliest to occur.
SECTION 166. P.L.198-2001, SECTION 112, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: SECTION
112. The following, each as amended by this act, apply to property
taxes due and payable after December 31, 2002:
IC 6-1.1-3-7
IC 6-1.1-3-7.5
IC 6-1.1-4-12.6
IC 6-1-1-8-30
IC 6-1.1-8-31
IC 6-1.1-8-32
IC 6-1.1-10-16
IC 6-1.1-11-3
IC 6-1.1-11-3.5
IC 6-1.1-11-8.5
IC 6-1.1-12-28.5
IC 6-1.1-12-35
IC 6-1.1-12-40
IC 6-1.1-12.1-5.5
IC 6-1.1-15-10
IC 6-1.1-15-12
IC 6-1.1-20.8-2
IC 6-1.1-20.8-3
IC 6-1.1-37-7
IC 6-1.1-40-11.
SECTION 167. P.L.230-2001, SECTION 4, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: SECTION
4. (a) Notwithstanding IC 27-8-5.8 and IC 27-13-9-5, both as added by
this act:
(1) an insurer or a health maintenance organization; and
(2) its the agents, contractors, or administrators, including
pharmacy benefits managers, of an insurer or a health
maintenance organization;