Reprinted

January 28, 2012





HOUSE BILL No. 1002

_____


DIGEST OF HB 1002 (Updated January 27, 2012 11:58 am - DI 14)



Citations Affected: IC 2-5; IC 4-4; IC 4-12; IC 4-23; IC 5-2; IC 5-20; IC 5-22; IC 5-28; IC 5-29; IC 5-31; IC 6-1.1; IC 6-3.1; IC 8-4.5; IC 8-16; IC 9-18; IC 10-17; IC 10-18; IC 11-10; IC 12-13; IC 14-8; IC 14-9; IC 14-10; IC 14-21; IC 14-25; IC 15-11; IC 15-17; IC 16-41; IC 20-20; IC 20-40; IC 22-4.1; noncode.

Synopsis: Elimination of commissions, boards, and committees. Reenacts the public officers compensation advisory commission that was repealed in 2011. Decreases the membership of the Indiana war memorials commission from ten to nine members with one member from each congressional district. Consolidates duplicative reporting required for the Indiana economic development corporation (IEDC). Consolidates reporting requirements imposed on the IEDC for various programs administered by the IEDC into the state economic incentives and compliance report. Repeals the chapter requiring the IEDC to study the steel industry and provide expertise to public officials regarding the steel industry. Repeals and otherwise eliminates reporting requirements imposed on the IEDC to consolidate those requirements at another location in the Indiana Code. Repeals the commission on the social status of black males and the Native American Indian affairs commission and re-enacts them in the article of the Indiana Code dealing with commissions. Transfers staffing responsibility for the commission on the social status of black males from the division of family resources, family and social services, to the civil rights commission. Transfers staffing responsibility for the Native American Indian affairs commission, the Indiana commission on women, and the commission on Hispanic/Latino affairs from the department of
(Continued next page)

Effective: Upon passage; July 1, 2012; January 1, 2013.





Wolkins, Dobis , Koch




    January 9, 2012, read first time and referred to Select Committee on Government Reduction.
    January 23, 2012, amended, reported _ Do Pass.
    January 27, 2012, read second time, amended, ordered engrossed.





Digest Continued

workforce development to the civil rights commission. Makes conforming technical changes. Repeals the law that establishes the tobacco farmers and rural community impact fund. Repeals the law that allows a distressed political subdivision to appeal if the subdivision's property tax collections are reduced by at least 5% in a calendar year as a result of the application of certain tax credits. Repeals the law that allows certain political subdivisions to borrow money for rural community water supply systems. Repeals the capital investment tax credit. Removes obsolete references to the abandoned railroad corridors board. Reduces the membership of the natural resources advisory council from eleven to seven members; provides for the council to meet in January and on the call of the chairperson; and makes conforming changes. Broadens the requirements for the appointment of one member of the board of animal health. Repeals the following committees, commissions, and boards: (1) Office of community and rural affairs advisory council. (2) Tobacco farmers and rural community impact fund. (3) Indiana arts commission trust fund board. (4) Council on library automation. (5) Library advisory council. (6) Law enforcement, school policing, and youth work group. (7) Affordable housing and community development fund advisory committee. (8) Indiana tourism council. (9) Indiana health informatics corporation. (10) Ohio River bridges project commission. (11) Veterans' home advisory committee. (12) Mental health corrections quality advisory committee. (13) Distressed unit appeal board. (14) Department of local government finance rule adoption committee. (15) Courthouse preservation advisory commission. (16) Rural community water supply loan program. (17) Water shortage task force. (18) Water resources task force. (19) Corporation for educational technology. (20) Educational technology council. (21) School air quality panel. (22) Building and trades advisory committee. Makes conforming changes.



Reprinted

January 28, 2012

Second Regular Session 117th General Assembly (2012)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2011 Regular Session of the General Assembly.

HOUSE BILL No. 1002



    A BILL FOR AN ACT to amend the Indiana Code concerning state offices and administration and to make an appropriation.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 2-5-1.2-1; (12)HB1002.2.1. -->     SECTION 1. IC 2-5-1.2-1, AS ADDED BY P.L.220-2011, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. (a) Except as provided in subsection (b) or otherwise in this article, this chapter applies to all committees established under this article.
    (b) This chapter does not apply to the following:
        (1) The legislative council and code revision commission (IC 2-5-1.1).
        (2) The public officers compensation advisory commission (IC 2-5-1.5). (IC 2-5-1.6).
        (3) The commission on interstate cooperation (IC 2-5-2).
        (4) The commission on state tax and financing policy (IC 2-5-3).
        (5) The natural resources study committee (IC 2-5-5).
        (6) The pension management oversight commission (IC 2-5-12).
        (7) The probate code study commission (IC 2-5-16).
        (8) The administrative rules oversight committee (IC 2-5-18).
        (9) The census data advisory committee (IC 2-5-19).
        (10) The commission on military and veterans affairs (IC 2-5-20).
        (11) A committee covered by IC 2-5-21.
        (12) The health finance commission (IC 2-5-23).
        (13) The water resources study committee (IC 2-5-25).
        (14) The select joint commission on Medicaid oversight (IC 2-5-26).
        (15) The commission on developmental disabilities (IC 2-5-27.2).
        (16) The joint study committee on mass transit and transportation alternatives (IC 2-5-28).
        (17) (16) The youth advisory council (IC 2-5-29).
        (18) (17) The unemployment insurance oversight committee (IC 2-5-30).
        (19) (18) The criminal law and sentencing policy study committee (IC 2-5-33.4).
SOURCE: IC 2-5-1.6; (12)HB1002.2.2. -->     SECTION 2. IC 2-5-1.6 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]:
     Chapter 1.6. Public Officers Compensation Advisory Commission
    Sec. 1. As used in this chapter, "commission" refers to the public officers compensation advisory commission established by section 6 of this chapter.
    Sec. 1.5. As used in this chapter, "compensation" refers to all of the following elements of compensation:
        (1) Salary.
        (2) Deferred compensation.
        (3) Health, vision, and dental insurance.
        (4) Pension and other retirement benefits.
        (5) Any other:
            (A) amount paid to an individual; or
            (B) benefit provided to an individual;
        to compensate the individual for services provided as a public officer.
    Sec. 1.7. As used in this chapter, "compensation value" means the dollar value of all elements of compensation for a public officer.
    Sec. 2. As used in this chapter, "growth rate" refers to the rate of change in Indiana nonfarm income determined by the Bureau of Economic Analysis of the United States Department of Commerce.
    Sec. 3. As used in this chapter, "political subdivision" has the meaning set forth in IC 36-1-2-13.
    Sec. 4. As used in this chapter, "public employee" refers to any of the following:
        (1) An employee of the state.
        (2) An employee of a political subdivision.
        (3) An employee of any other entity whose salary is paid in any part from funds derived from taxes imposed by the state or a political subdivision.
    Sec. 5. As used in this chapter, "public officer" refers to any of the following:
        (1) The governor.
        (2) The lieutenant governor.
        (3) The secretary of state.
        (4) The auditor of state.
        (5) The treasurer of state.
        (6) The attorney general.
        (7) The state superintendent of public instruction.
        (8) A justice of the supreme court of Indiana.
        (9) A judge of the court of appeals of Indiana.
        (10) A judge of the Indiana tax court.
        (11) A judge of a circuit, superior, or probate court.
        (12) A member of the general assembly.
    Sec. 6. There is established the public officers compensation advisory commission.
    Sec. 7. (a) The commission consists of the following members:
        (1) Two (2) members appointed by the speaker of the house of representatives. The members appointed under this subdivision may not be members of the same political party.
        (2) Two (2) members appointed by the president pro tempore of the senate. The members appointed under this subdivision may not be members of the same political party.
        (3) Two (2) members appointed by the governor. The members appointed under this subdivision may not be members of the same political party.
        (4) Two (2) members appointed by the chief justice of the supreme court of Indiana. The members appointed under this subdivision may not be members of the same political party.
        (5) One (1) member appointed by the chief judge of the court of appeals of Indiana.
    (b) The following may not be a commission member:
        (1) A public officer.
        (2) A public employee.
        (3) An individual who has a pecuniary interest in the salary of

a public officer. For purposes of this subdivision, an individual has a pecuniary interest in the salary of a public officer if an increase in the salary of a public officer will result in an ascertainable increase in the income or net worth of the individual.
    Sec. 8. (a) The term of a commission member begins on the later of the following:
        (1) July 1 after the member is appointed.
        (2) The day the member accepts the member's appointment.
    (b) The term of a commission member expires on July 1 of the fourth year after the year the member's term begins.
    (c) A member may be reappointed to serve a new term.
    Sec. 9. (a) If there is a vacancy on the commission, the public officer who appointed the member whose position is vacant shall appoint an individual to fill the vacancy.
    (b) The member appointed under this section shall fill the vacancy for the remainder of the unexpired term.
    Sec. 10. (a) Before July 1 of each odd-numbered year, the chairman of the legislative council shall appoint one (1) member to be chair of the commission.
    (b) The member appointed as chair of the commission serves as chair beginning July 1 after appointment.
    (c) A member of the commission may be reappointed as chair of the commission.
    Sec. 11. Five (5) commission members constitute a quorum. The affirmative votes of at least five (5) commission members are necessary for the commission to take official action other than to adjourn or to meet to hear reports or testimony.
    Sec. 12. The commission shall meet at the call of the chair and at other times as the commission considers necessary.
    Sec. 13. Each member of the commission is entitled to the following:
        (1) The salary per diem provided under IC 4-10-11-2.1(b).
        (2) Reimbursement for traveling expenses as provided under IC 4-13-1-4.
        (3) Other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.
    Sec. 14. The legislative services agency shall provide administrative support for the commission. At the request of the legislative services agency, the state personnel department or the

Indiana judicial center established by IC 33-38-9-4 shall assign staff to provide research and other support to assist the legislative services agency in providing administrative support to the commission.
    Sec. 15. The legislative services agency may contract with consultants on behalf of the commission, as the commission considers necessary, to implement this chapter.
    Sec. 16. Except as otherwise provided by this chapter, the commission is subject to the rules of the legislative council.
    Sec. 17. The commission shall make reports to the general assembly as required by this chapter or by the legislative council. The reports to the legislative council must be in an electronic format under IC 5-14-6.
    Sec. 18. The commission shall meet at least one (1) time not later than July 1 of each even-numbered year to do the following:
        (1) For each public officer listed in section 5 of this chapter, determine the most recent year that the compensation value for the public officer increased.
        (2) Receive information relating to the compensation of public officers.
        (3) Consider recommendations for suitable compensation for public officers.
        (4) Take testimony relating to the compensation of public officers.
    Sec. 19. (a) Not later than September 1 of each even-numbered year, the commission shall make written recommendations to the:
        (1) legislative council; and
        (2) budget committee;
concerning suitable elements of compensation for public officers. The recommendations to the legislative council must be in an electronic format under IC 5-14-6.
    (b) When making recommendations, the commission shall do the following:
        (1) Make a separate recommendation of compensation value, which may include a recommendation for no adjustment of compensation value, for each separate public officer listed in section 5 of this chapter. The commission may not recommend an increase in the compensation value for a public officer to an amount that exceeds the compensation value the public officer would receive if the compensation value for the public officer increased each year since the most recent year the public officer received an increase in compensation value by

the growth rate for each respective year.
        (2) Recommend maintaining or abolishing existing elements of compensation or establishing new elements of compensation.
        (3) Recommend a compensation plan that enables an individual who is a public officer to select elements of compensation to meet the individual's own circumstances while ensuring that individuals who hold the same public office receive compensation of equal compensation value.
        (4) Make other recommendations the commission considers useful to provide suitable compensation for public officers.
    Sec. 20. For purposes of this chapter, a health care adjustment under IC 33-38-5-8.2 is considered part of the compensation of a public officer who is a judicial officer.
    Sec. 21. A commission recommendation does not take effect unless enacted by the general assembly.
    Sec. 22. There is annually appropriated to the legislative services agency from the state general fund money necessary for the operation of the commission.
    Sec. 23. Notwithstanding IC 1-1-1-8, the provisions of this chapter are not severable.

SOURCE: IC 4-4-9.7-8; (12)HB1002.2.3. -->     SECTION 3. IC 4-4-9.7-8 IS REPEALED [EFFECTIVE JULY 1, 2012]. Sec. 8. The director shall establish a board to advise the office in the implementation of the duties of the office.
SOURCE: IC 4-4-31.4; (12)HB1002.2.4. -->     SECTION 4. IC 4-4-31.4 IS REPEALED [EFFECTIVE JULY 1, 2012]. (Native American Indian Affairs Commission).
SOURCE: IC 4-12-9; (12)HB1002.2.5. -->     SECTION 5. IC 4-12-9 IS REPEALED [EFFECTIVE JULY 1, 2012]. (Tobacco Farmers and Rural Community Impact Fund).
SOURCE: IC 4-23-2.5-1; (12)HB1002.2.6. -->     SECTION 6. IC 4-23-2.5-1 IS REPEALED [EFFECTIVE JULY 1, 2012]. Sec. 1. As used in this chapter, "board" refers to the Indiana arts commission trust fund board established by section 5 of this chapter.
SOURCE: IC 4-23-2.5-5; (12)HB1002.2.7. -->     SECTION 7. IC 4-23-2.5-5 IS REPEALED [EFFECTIVE JULY 1, 2012]. Sec. 5. The Indiana arts commission trust fund board is established.
SOURCE: IC 4-23-2.5-6; (12)HB1002.2.8. -->     SECTION 8. IC 4-23-2.5-6 IS REPEALED [EFFECTIVE JULY 1, 2012]. Sec. 6. The board consists of the following seven (7) voting members:
        (1) The treasurer of state.
        (2) Three (3) members appointed by the governor who are not members of the commission.
        (3) Three (3) members of the commission appointed by the chairman of the commission.
SOURCE: IC 4-23-2.5-7; (12)HB1002.2.9. -->     SECTION 9. IC 4-23-2.5-7 IS REPEALED [EFFECTIVE JULY 1, 2012]. Sec. 7. The chairman of the commission shall designate one (1) of the chairman's appointees to the board as the chairman of the board.
SOURCE: IC 4-23-2.5-8; (12)HB1002.2.10. -->     SECTION 10. IC 4-23-2.5-8 IS REPEALED [EFFECTIVE JULY 1, 2012]. Sec. 8. The board shall meet at the call of the chairman of the board.
SOURCE: IC 4-23-2.5-9; (12)HB1002.2.11. -->     SECTION 11. IC 4-23-2.5-9 IS REPEALED [EFFECTIVE JULY 1, 2012]. Sec. 9. Four (4) voting members of the board constitute a quorum. The affirmative vote of four (4) members of the board is necessary for the board to take any action.
SOURCE: IC 4-23-2.5-10; (12)HB1002.2.12. -->     SECTION 12. IC 4-23-2.5-10 IS REPEALED [EFFECTIVE JULY 1, 2012]. Sec. 10. (a) The term of a board member begins on the later of the following:
        (1) The day the term of the member whom the individual is appointed to succeed expires.
        (2) The day the individual is appointed.
    (b) The term of a member expires July 1 of the second year after the member is appointed. However, a member serves at the pleasure of the appointing authority.
    (c) The appointing authority may reappoint a member for a new term.
    (d) The appointing authority shall appoint an individual to fill a vacancy among the members.
SOURCE: IC 4-23-2.5-11; (12)HB1002.2.13. -->     SECTION 13. IC 4-23-2.5-11 IS REPEALED [EFFECTIVE JULY 1, 2012]. Sec. 11. (a) Each member of the board who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). The member is also entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.
    (b) Each member of the board who is a state employee is entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.
SOURCE: IC 4-23-2.5-12; (12)HB1002.2.14. -->     SECTION 14. IC 4-23-2.5-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 12. (a) The board commission shall manage and develop the fund and the assets of the fund.
    (b) The board commission shall do the following:
        (1) Establish a policy for the investment of assets of the fund.
        (2) Acquire money for the fund through the solicitation of private or public donations and other revenue producing activities.
        (3) Perform other tasks consistent with prudent management and development of the fund.
SOURCE: IC 4-23-2.5-13; (12)HB1002.2.15. -->     SECTION 15. IC 4-23-2.5-13 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 13. (a) Subject to the investment policy of the board, commission, the treasurer of state shall administer the fund and invest the money in the fund.
    (b) The expenses of administering the fund and this chapter shall be paid from the fund.
    (c) 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 trust funds are invested. Interest that accrues from these investments shall be deposited in the fund.
SOURCE: IC 4-23-2.5-16; (12)HB1002.2.16. -->     SECTION 16. IC 4-23-2.5-16 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 16. Before October 1 of each year, the board commission shall prepare a report concerning the fund for distribution to the public and the general assembly. A report distributed under this section to the general assembly must be in an electronic format under IC 5-14-6.
SOURCE: IC 4-23-7-30; (12)HB1002.2.17. -->     SECTION 17. IC 4-23-7-30 IS REPEALED [EFFECTIVE JULY 1, 2012]. Sec. 30. (a) The Indiana library and historical board shall establish the council on library automation to:
        (1) conduct ongoing planning activities for library automation in Indiana; and
        (2) advance the automation goals of Indiana's libraries through the cooperation of the appropriate library agencies and organizations.
    (b) The council on library automation consists of thirteen (13) members as follows:
        (1) One (1) member from the Indiana library and historical board.
        (2) Two (2) members from area library services authorities.
        (3) Two (2) members from the Indiana cooperative library services authority.
        (4) Two (2) members from the department of education.
        (5) Two (2) members from the state educational institution library automation committee.
        (6) Two (2) members from the Indiana state library.
        (7) Two (2) members from public libraries.
    (c) With regard to the members described in subsection (b)(1) through (b)(6), each respective entity or agency described in subsection (b)(1) through (b)(6) shall forward its nominees for appointment on the

council to the Indiana library and historical board for confirmation.
    (d) The Indiana library and historical board shall establish a process to select the members appointed under subsection (b)(7).
    (e) Except as provided in subsection (f), the terms of office for council members is three (3) years.
    (f) The Indiana library and historical board shall establish the procedures for the council, including staggering the terms for initial members of the council.
    (g) The council may do the following:
        (1) Encourage planning by individual libraries and groups of libraries with regard to library automation.
        (2) Annually update and distribute the statewide library automation and resource sharing plan.
        (3) Submit to the state library board its recommendations concerning the adoption of library automation standards under IC 4-23-7.1-11(b).
        (4) Encourage library automation, resource sharing, and document delivery programs that are consistent with state technology strategies, educational programs, and economic interests.
        (5) Consult with appropriate agencies and organizations with an interest in library automation and resource sharing in Indiana.
    (h) The council shall provide an annual report to the Indiana library and historical board on the council's activities and progress made towards meeting the goals in the statewide library automation and resource sharing plan. The council shall recommend to the Indiana library and historical board funding strategies that support the goals and initiatives contained in the statewide plan.

SOURCE: IC 4-23-7.1-1; (12)HB1002.2.18. -->     SECTION 18. IC 4-23-7.1-1, AS AMENDED BY P.L.1-2005, SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. As used in this chapter:
        (1) "Advisory council" refers to the Indiana state library advisory council established by section 39 of this chapter.
        (2) (1) "Agency" means any state administration, agency, authority, board, bureau, commission, committee, council, department, division, institution, office, service, or other similar body of state government.
        (3) (2) "Board" means the Indiana library and historical board established by IC 4-23-7-2.
        (4) (3) "Department" means the Indiana library and historical department established by IC 4-23-7-1.
        (5) (4) "Director" means director of the Indiana state library.
        (6) (5) "Historical bureau" means the Indiana historical bureau

established by IC 4-23-7-3.
        (7) (6) "Public library" has the meaning set forth in IC 36-12-1-5.
        (8) (7) "State library" means the Indiana state library established by IC 4-23-7-3.
        (9) (8) "Statewide library card program" refers to the program established by section 5.1 of this chapter.

SOURCE: IC 4-23-7.1-11; (12)HB1002.2.19. -->     SECTION 19. IC 4-23-7.1-11, AS AMENDED BY P.L.130-2007, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 11. (a) The board with the advice of the advisory council, shall establish operating standards and rules for libraries eligible to receive funds, either federal or state, under the provisions of any program for which the Indiana state library is the administrator. The Indiana state library shall monitor libraries eligible to receive funds or receiving funds to ascertain whether or not the standards and rules are being met.
    (b) The board with the advice of the council on library automation established under IC 4-23-7-30, shall establish library automation standards for libraries. The Indiana state library shall monitor compliance with the standards.
SOURCE: IC 4-23-7.1-39; (12)HB1002.2.20. -->     SECTION 20. IC 4-23-7.1-39 IS REPEALED [EFFECTIVE JULY 1, 2012]. Sec. 39. (a) The Indiana state library advisory council is established for the purpose of advising the board and the state librarian concerning:
        (1) general policies of the state library;
        (2) plans or programs for library development and interlibrary cooperation;
        (3) library research;
        (4) professional development for librarians;
        (5) standards and rules for library services;
        (6) administration and distribution of state and federal funds; and
        (7) other matters as requested by the board and the state librarian.
    (b) The advisory council consists of no fewer than fifteen (15) members.
    (c) The membership of the council must be broadly representative and comply with the requirements established by the federal Department of Education under 34 C.F.R. 770.
    (d) The board shall appoint the members of the council with nominations for appointment from library organizations and the state librarian.
    (e) Members of the advisory council shall serve two (2) year terms.
    (f) A member of the advisory council is not entitled to:
        (1) the minimum salary per diem provided by IC 4-10-11-2.1(b);

or
        (2) reimbursement from state funds for traveling expenses and other expenses actually incurred in connection with the member's duties.

SOURCE: IC 4-23-25-9; (12)HB1002.2.21. -->     SECTION 21. IC 4-23-25-9, AS AMENDED BY P.L.104-2008, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 9. The department of workforce development established by IC 22-4.1-2 civil rights commission established by IC 22-9-1-4 shall provide staff and administrative support to the commission.
SOURCE: IC 4-23-28-7; (12)HB1002.2.22. -->     SECTION 22. IC 4-23-28-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 7. (a) The department of workforce development civil rights commission shall provide staff and administrative support to the commission.
    (b) The expenses of the commission shall be paid from appropriations made to the department of workforce development. civil rights commission.
SOURCE: IC 4-23-31; (12)HB1002.2.23. -->     SECTION 23. IC 4-23-31 IS ADDED TO THE INDIANA CODE AS A NEW TO CHAPTER READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]:
     Chapter 31. Commission on the Social Status of Black Males
     Sec. 1. The 1992 interim study committee created by the legislative council, on the problems of black males, found that the following conditions exist:
        (1) Statistical studies chronicling the status of black males in American society reveal startling and disturbing conditions and trends.
        (2) By all indicia measuring achievement, success, and quality of life in American society, black males are facing a prodigious struggle for survival while fighting formidable opponents.
        (3) Black males make up only five and one-half percent (5.5%) of the population of the United States but are the victims of forty-four percent (44%) of the nation's homicides annually and comprise forty-six percent (46%) of the nation's prison population.
        (4) Statistics show that one (1) of every twenty-two (22) black males will die as a result of homicide and that one (1) of every six (6) black males will be arrested before becoming nineteen (19) years of age.
        (5) A major proportion of black males in America is virtually trapped in urban areas defined by poverty, violence, and drug

abuse.
        (6) Black males suffer from more debilitating health problems, a higher death rate, and a lower life expectancy than males in other ethnic and racial groups.
        (7) Black females at least sixteen (16) years of age outnumber black males by more than two million (2,000,000).
        (8) Between 1973 and 1988 the average real annual income for black males between twenty (20) and twenty-four (24) years of age fell by more than fifty percent (50%).
        (9) The increasing misfortunes and the social distress bombarding black males in American society threaten the survival of black males.
    Sec. 2. The commission on the social status of black males is established.
    Sec. 3. The commission consists of nineteen (19) members appointed as follows:
        (1) Two (2) members of the senate, who are not members of the same political party, appointed by the president pro tempore of the senate with the advice of the minority leader of the senate.
        (2) Two (2) members of the house of representatives, who are not members of the same political party, appointed by the speaker of the house of representatives with the advice of the minority leader of the house of representatives.
        (3) The director of the division of family resources or the director's designee.
        (4) The director of the division of mental health and addiction or the director's designee.
        (5) The commissioner of the state department of health or the commissioner's designee.
        (6) The superintendent of public instruction or the superintendent's designee.
        (7) The commissioner of the department of correction or the commissioner's designee.
        (8) The director of the civil rights commission or the director's designee.
        (9) The commissioner of the Indiana department of administration or the commissioner's designee.
        (10) The lieutenant governor or the lieutenant governor's designee.
        (11) A minority business person, appointed by the governor.
        (12) Three (3) persons appointed by the president pro

tempore of the senate who are not members of the general assembly. Not more than two (2) persons appointed under this subdivision may be members of the same political party.
        (13) Three (3) persons appointed by the speaker of the house of representatives who are not members of the general assembly. Not more than two (2) persons appointed under this subdivision may be members of the same political party.
    Sec. 4. (a) A member of the commission may be removed at any time by the member's appointing authority.
    (b) The appointing authority shall fill a vacancy on the commission by appointing a new member for the unexpired term.
    (c) The terms of the legislative members expire at the election of the general assembly following the appointments.
    Sec. 5. (a) At the first meeting of the commission each year, the members shall elect:
        (1) one (1) member to be the commission's chairperson; and
        (2) one (1) member to be the commission's vice chairperson.
    (b) A vacancy in the office of chairperson or vice chairperson shall be filled by vote of the remaining members. The term of office of a person chosen to fill a vacancy expires at the first meeting of the commission the following year.
    Sec. 6. (a) The commission shall make a systematic study of the following:
        (1) The conditions described in section 1 of this chapter.
        (2) The reasons for the existence of those conditions.
    (b) The commission shall propose measures to alleviate and correct the underlying causes of the conditions described in section 1 of this chapter.
    (c) The commission may study other topics suggested by the legislative council or as directed by the chairperson of the commission.
    (d) The commission shall receive suggestions or comments pertinent to the issues that the commission studies from members of the general assembly, governmental agencies, public and private organizations, and private citizens.
    Sec. 7. The civil rights commission shall provide staff and administrative support to the commission.
    Sec. 8. The commission shall meet on call of the chairperson and at other times that the commission determines.
    Sec. 9. Eight (8) of the members of the commission is a quorum. The affirmative votes of at least eight (8) voting members of the commission are required for the commission to take final action.


    Sec. 10. The commission shall issue an annual report stating the findings, conclusions, and recommendations of the commission. The commission shall submit the report to the governor and the legislative council. A report submitted under this section to the legislative council must be in an electronic format under IC 5-14-6.
    Sec. 11. (a) Each member of the commission who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). The member is also entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.
    (b) Each member of the commission who is a state employee is entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.
    (c) Each member of the commission who is a member of the general assembly is entitled to receive the same per diem, mileage, and travel allowances paid to members of the general assembly serving on interim study committees created by the legislative council.
    Sec. 12. (a) The commission on the social status of black males special fund is established to provide money for special projects of the commission.
    (b) The fund shall be administered by the treasurer of state.
    (c) Expenses of administering the fund shall be paid from money in the fund.
    (d) The fund consists of gifts, contributions, and money donated to the commission.
    (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 funds may be invested.
    (f) Interest accrues to the fund.
    (g) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
    (h) Money in the fund is appropriated continuously for the purpose stated in subsection (a).

SOURCE: IC 4-23-32; (12)HB1002.2.24. -->     SECTION 24. IC 4-23-32 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE

JULY 1, 2012]:
    Chapter 32. Native American Indian Affairs Commission
    Sec. 1. As used in this chapter, "commission" refers to the Native American Indian affairs commission established by section 3 of this chapter.
    Sec. 2. As used in this chapter, "Native American Indian" means an individual who is at least one (1) of the following:
        (1) An Alaska native as defined in 43 U.S.C. 1602(b).
        (2) An Indian as defined in 25 U.S.C. 450b(d).
        (3) A native Hawaiian as defined in 20 U.S.C. 7912(1).
    Sec. 3. The Native American Indian affairs commission is established.
    Sec. 4. (a) The commission consists of fifteen (15) voting members and two (2) nonvoting members. The voting members of the commission consist of the following:
        (1) Six (6) Native American Indians, each from a different geographic region of Indiana.
        (2) Two (2) Native American Indians who have knowledge in Native American traditions and spiritual issues.
        (3) The commissioner of the department of correction or the commissioner's designee.
        (4) The commissioner of the commission for higher education or the commissioner's designee.
        (5) The commissioner of the state department of health or the commissioner's designee.
        (6) The secretary of family and social services or the secretary's designee.
        (7) The director of the department of natural resources or the director's designee.
        (8) The state superintendent of public instruction or the superintendent's designee.
        (9) The commissioner of the department of workforce development or the commissioner's designee.
    (b) The nonvoting members of the commission consist of the following:
        (1) One (1) member of the house of representatives appointed by the speaker of the house of representatives.
        (2) One (1) member of the senate appointed by the president pro tempore of the senate.
    (c) The governor shall appoint each Native American Indian member of the commission to a term of four (4) years, and any vacancy occurring shall be filled by the governor for the unexpired

term. Before appointing a Native American Indian member to the commission, the governor shall solicit nominees from Indiana associations that represent Native American Indians in the geographic region from which the member will be selected. Not more than one (1) member may represent the same tribe or Native American Indian organization or association.
    (d) A member of the commission may be removed by the member's appointing authority.
    Sec. 5. The affirmative votes of at least eight (8) members of the commission are required for the commission to take any official action, including public policy recommendations and reports.
    Sec. 6. (a) The civil rights commission established by IC 22-9-1-4 shall provide staff and administrative support for the commission.
    (b) Expenses incurred under this chapter shall be paid from funds appropriated to the civil rights commission.
    (c) The governor shall appoint a voting member of the commission to serve as the commission's chairperson.
    Sec. 7. The commission shall study problems common to Native American Indian residents of Indiana in the areas of employment, education, civil rights, health, and housing. The commission may make recommendations to appropriate federal, state, and local governmental agencies concerning the following:
        (1) Health issues affecting Native American Indian communities, including data collection, equal access to public assistance programs, and informing health officials of cultural traditions relevant to health care.
        (2) Cooperation and understanding between the Native American Indian communities and other communities throughout Indiana.
        (3) Cultural barriers to the educational system, including barriers to higher education and opportunities for financial aid and minority scholarships.
        (4) Inaccurate information and stereotypes concerning Native American Indians, including the accuracy of educational curriculum.
        (5) Measures to stimulate job skill training and related workforce development, including initiatives to assist employers to overcome communication and cultural differences.
        (6) Programs to encourage the growth and support of Native American Indian owned businesses.
        (7) Public awareness of issues affecting the Native American

Indian communities.
        (8) Issues concerning preservation and excavation of Native American Indian historical and archeology sites, including reburial of Native American Indians.
        (9) Measures that could facilitate easier access to state and local government services by Native American Indians.
    Sec. 8. The commission may not study or make recommendations on the following issues:
        (1) Negotiations between a tribe and the state or federal government concerning tribal sovereignty.
        (2) Gaming on tribal land.

SOURCE: IC 5-2-6-3; (12)HB1002.2.25. -->     SECTION 25. IC 5-2-6-3, AS AMENDED BY P.L.74-2010, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. The institute is established to do the following:
        (1) Evaluate state and local programs associated with:
            (A) the prevention, detection, and solution of criminal offenses;
            (B) law enforcement; and
            (C) the administration of criminal and juvenile justice.
        (2) Improve and coordinate all aspects of law enforcement, juvenile justice, and criminal justice in this state.
        (3) Stimulate criminal and juvenile justice research.
        (4) Develop new methods for the prevention and reduction of crime.

        (5) Prepare applications for funds under the Omnibus Act and the Juvenile Justice Act.
        (6) Administer victim and witness assistance funds.
        (7) Administer the traffic safety functions assigned to the institute under IC 9-27-2.
        (8) Compile and analyze information and disseminate the information to persons who make criminal justice decisions in this state.
        (9) Serve as the criminal justice statistical analysis center for this state.
        (10) Identify grants and other funds that can be used by the department of correction to carry out its responsibilities concerning sex or violent offender registration under IC 11-8-8.
        (11) Administer the application and approval process for designating an area of a consolidated or second class city as a public safety improvement area under IC 36-8-19.5.
        (12) Develop and maintain a meth watch program to inform retailers and the public about illicit methamphetamine production,

distribution, and use in Indiana.
        (13) Establish, maintain, and operate, subject to specific appropriation by the general assembly, a web site containing a list of properties (as defined in IC 5-2-6-19(b)) that have been used as the site of a methamphetamine laboratory.
        (14) Develop and manage the gang crime witness protection program established by section 21 of this chapter.
        (15) Identify grants and other funds that can be used to fund the gang crime witness protection program.
        (16) After December 31, 2008, administer the licensing of:
            (A) commercial driver training schools; and
            (B) instructors at commercial driver training schools.
        (17) Administer any sexual offense services.
        (18) Administer domestic violence programs.
        (19) Administer assistance to victims of human sexual trafficking offenses as provided in IC 35-42-3.5-4.
        (20) Administer the domestic violence prevention and treatment fund under IC 5-2-6.7.
        (21) Administer the family violence and victim assistance fund under IC 5-2-6.8.
        (22) Administer and provide staff support to the law enforcement, school policing, and youth work group under IC 5-2-6.9.

SOURCE: IC 5-2-6.9; (12)HB1002.2.26. -->     SECTION 26. IC 5-2-6.9 IS REPEALED [EFFECTIVE JULY 1, 2012]. (Law Enforcement, School Policing, and Youth Work Group).
SOURCE: IC 5-20-4-1; (12)HB1002.2.27. -->     SECTION 27. IC 5-20-4-1 IS REPEALED [EFFECTIVE JULY 1, 2012]. Sec. 1. As used in this chapter, "advisory committee" refers to the affordable housing and community development fund advisory committee established by section 15 of this chapter.
SOURCE: IC 5-20-4-15; (12)HB1002.2.28. -->     SECTION 28. IC 5-20-4-15, AS AMENDED BY P.L.145-2006, SECTION 13, AND AS AMENDED BY P.L.181-2006, SECTION 39, IS REPEALED [EFFECTIVE JULY 1, 2012]. Sec. 15. (a) The affordable housing and community development trust fund advisory committee is established.
    (b) The advisory committee consists of sixteen (16) members to be appointed by the governor as follows:
        (1) One (1) member of the office division of the secretary of family mental health and social services addiction.
        (2) One (1) member of the Indiana economic development corporation division of family resources.
        (3) One (1) member to represent home builders of the division of disability, aging, and rehabilitative services.
        (4) One (1) member of the office of rural affairs established by

IC 4-4-9.7-4 the lieutenant governor.
        (5) One (1) member to represent residential real estate developers.
        (6) One (1) member to represent construction trades.
        (7) One (1) member to represent mortgage lenders banks and other lending institutions.
        (8) One (1) member to represent the interests of persons with disabilities.
        (9) One (1) member to represent service providers.
        (10) Two (2) members to represent neighborhood groups.
        (11) One (1) member to represent low income families.
        (12) One (1) member to represent nonprofit community based organizations and community development corporations.
        (13) One (1) member to represent real estate brokers or salespersons.
        (14) One (1) member to represent the Indiana Apartment Owner's Association.
        (15) One (1) member to represent the manufactured housing industry.
At least three (3) members of the advisory committee shall be from a city with a population of less than thirty-five thousand (35,000), a town, or a rural area.
    (c) Members of the advisory committee shall serve a term of three (3) years. However, the governor may remove for cause an appointed member of the advisory committee and fill vacancies of appointed members on the advisory committee.
    (d) The advisory committee shall make recommendations to the housing and community development authority regarding:
        (1) the development of policies and procedures under section 14 of this chapter; and
        (2) long term sources to capitalize the housing trust fund, including the following:
            (A) Revenue from development ordinances, fees, or taxes.
            (B) Market based or private revenue.
            (C) Revenue generated from government programs, foundations, private individuals, or corporations.
    (e) The advisory committee shall prepare and present an annual report that:
        (1) describes disbursements under the housing trust fund; and
        (2) makes recommendations to the board of the Indiana housing and community development authority regarding long term sources to capitalize the housing trust fund.

SOURCE: IC 5-20-4-16; (12)HB1002.2.29. -->     SECTION 29. IC 5-20-4-16 IS REPEALED [EFFECTIVE JULY 1,

2012]. Sec. 16. (a) Each member of the advisory committee who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). Such a member is also entitled to reimbursement for traveling expenses and other expenses actually incurred in connection with the member's duties, as provided in the state travel policies and procedures established by the department of administration and approved by the budget agency.
    (b) Each member of the advisory committee who is a state employee is entitled to reimbursement for traveling expenses and other expenses actually incurred in connection with the member's duties, as provided in the state travel policies and procedures established by the department of administration and approved by the budget agency.

SOURCE: IC 5-22-15-1; (12)HB1002.2.30. -->     SECTION 30. IC 5-22-15-1, AS AMENDED BY P.L.79-2008, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. This chapter applies to the following:
        (1) A purchase of supplies under this article by any of the following:
            (A) A governmental body.
            (B) A state educational institution.
            (C) An instrumentality of the state that performs essential governmental functions on either a statewide or local basis.
            (D) The state lottery commission created by IC 4-30-3-1.
        (2) A purchase made under IC 5-17-1.
        (3) An offer to conduct an indoor air quality inspection and evaluation program under IC 16-41-37.5.
SOURCE: IC 5-22-15-3; (12)HB1002.2.31. -->     SECTION 31. IC 5-22-15-3, AS AMENDED BY P.L.79-2008, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. As used in this chapter, "adjusted offer" means the offer price of an offeror for
        (1) preferred supplies or
        (2) conducting an indoor air quality inspection and evaluation program under IC 16-41-37.5;
as determined under section 10 of this chapter.
SOURCE: IC 5-22-15-5; (12)HB1002.2.32. -->     SECTION 32. IC 5-22-15-5, AS AMENDED BY P.L.79-2008, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 5. As used in this chapter, "price preference percentage" means the percentage preference provided by this chapter for either of the following:
        (1) A a specified kind or item of supplies.
        (2) An offer to conduct an indoor air quality inspection and evaluation program under IC 16-41-37.5.
SOURCE: IC 5-22-15-8; (12)HB1002.2.33. -->     SECTION 33. IC 5-22-15-8, AS AMENDED BY P.L.79-2008,

SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 8. (a) An offeror who wants to claim a preference provided under this chapter for a given supply item must indicate in the offer what supply item in the offer is a preferred supply.
    (b) An offeror who wants to claim a preference provided under this chapter to conduct an indoor air quality inspection and evaluation program under IC 16-41-37.5 must indicate in the offer that the indoor air quality inspection and evaluation program is subject to a price preference.

SOURCE: IC 5-22-15-10; (12)HB1002.2.34. -->     SECTION 34. IC 5-22-15-10, AS AMENDED BY P.L.79-2008, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 10. (a) This section does not apply to an absolute preference.
    (b) If an offeror offers a preferred supply for a given supply item, the purchasing agent shall compute an adjusted offer for that item according to the following formula:
        STEP ONE: Determine the price preference percentage for the supply item under this chapter.
        STEP TWO: Multiply the offeror's offer for the supply item by the percentage determined under STEP ONE.
        STEP THREE: Subtract the number determined under STEP TWO from the offeror's offer for the supply item.
    (c) If an offeror offers to conduct an indoor air quality inspection and evaluation program under IC 16-41-37.5, the purchasing agent shall compute an adjusted offer to conduct that indoor air quality inspection and evaluation program according to the following formula:
        STEP ONE: Determine the price preference percentage for the indoor air quality inspection and evaluation program eligible to an offeror under section 20.7 of this chapter.
        STEP TWO: Multiply the offeror's offer for the indoor air quality inspection and evaluation program by the percentage determined under STEP ONE.
        STEP THREE: Subtract the number determined under STEP TWO from the offeror's offer to conduct the indoor air quality inspection and evaluation program.
SOURCE: IC 5-22-15-20.7; (12)HB1002.2.35. -->     SECTION 35. IC 5-22-15-20.7 IS REPEALED [EFFECTIVE JULY 1, 2012]. Sec. 20.7. (a) As used in this section, "Indiana business" has the meaning set forth in section 20.5 of this chapter.
    (b) There is a price preference of ten percent (10%) for an Indiana business that submits an offer to conduct an indoor air quality inspection and evaluation program under IC 16-41-37.5.
SOURCE: IC 5-22-21-7.5; (12)HB1002.2.36. -->     SECTION 36. IC 5-22-21-7.5, AS AMENDED BY P.L.1-2006,

SECTION 124, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 7.5. (a) This section applies to surplus computer hardware that:
        (1) is not usable by a state agency as determined under section 6 of this chapter; and
        (2) has market value.
    (b) As used in this section, "educational entity" refers to the following:
        (1) a school corporation as defined in IC 36-1-2-17 or nonpublic schools as defined in IC 20-10.1-1-3 before July 1, 2005, or IC 20-18-2-12.
        (2) The corporation for educational technology described in IC 20-10.1-25.1 before July 1, 2005, or IC 20-20-15.
    (c) As used in this section, "market value" means the value of the property is more than the estimated costs of sale and transportation of the property.
    (d) Surplus computer hardware available for sale may, under the policies prescribed by the budget agency, be offered to an educational entity.

SOURCE: IC 5-28-12; (12)HB1002.2.37. -->     SECTION 37. IC 5-28-12 IS REPEALED [EFFECTIVE JULY 1, 2012]. (Steel Industry).
SOURCE: IC 5-28-17-1; (12)HB1002.2.38. -->     SECTION 38. IC 5-28-17-1, AS AMENDED BY P.L.87-2011, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. (a) The corporation shall do the following to carry out this chapter:
        (1) Contribute to the strengthening of the economy of Indiana by encouraging the organization and development of new business enterprises, including technologically oriented enterprises.
        (2) Submit an annual report to the governor and to the general assembly not later than November 1 of each year. The annual report must:
            (A) include detailed information on the structure, operation, and financial status of the corporation, including:
                (i) detailed information on the corporation's efforts to support the development of small businesses under this chapter; and
                (ii) an evaluation of the results of the corporation's efforts to encourage the development of small businesses under this chapter; and
            (B) be in an electronic format under IC 5-14-6.
        The board shall conduct an annual public hearing to receive comment from interested parties regarding the annual report, and

notice of the hearing shall be given at least fourteen (14) days before the hearing in accordance with IC 5-14-1.5-5(b).
        (3) (2) Approve and administer loans from the small business development fund established by IC 5-28-18.
        (4) (3) Conduct activities for nontraditional entrepreneurs under IC 5-28-18.
        (5) (4) Establish and administer the small and minority business financial assistance program under IC 5-28-20.
        (6) (5) Assist small businesses in obtaining state and federal tax incentives.
        (7) (6) Maintain, through the Small Business Development Centers, a statewide network of public, private, and educational resources to, among other things, inform small businesses of the state and federal programs under which they may obtain financial assistance or realize reduced costs through programs such as the small employer health insurance pooling program under IC 27-8-5-16(8).
    (b) The corporation may do the following to carry out this chapter:
        (1) Receive money from any source, enter into contracts, and expend money for any activities appropriate to its purpose.
        (2) Do all other things necessary or incidental to carrying out the corporation's functions under this chapter.
        (3) Establish programs to identify entrepreneurs with marketable ideas and to support the organization and development of new business enterprises, including technologically oriented enterprises.
        (4) Conduct conferences and seminars to provide entrepreneurs with access to individuals and organizations with specialized expertise.
        (5) Establish a statewide network of public, private, and educational resources to assist the organization and development of new enterprises.
        (6) Operate a small business assistance center to provide small businesses, including minority owned businesses and businesses owned by women, with access to managerial and technical expertise and to provide assistance in resolving problems encountered by small businesses.
        (7) Cooperate with public and private entities, including the Indiana Small Business Development Center Network and the federal government marketing program, in exercising the powers listed in this subsection.
        (8) Establish and administer the small and minority business

financial assistance program under IC 5-28-20.
        (9) Approve and administer loans from the small business development fund established by IC 5-28-18.
        (10) Coordinate state funded programs that assist the organization and development of new enterprises.

SOURCE: IC 5-28-18-8; (12)HB1002.2.39. -->     SECTION 39. IC 5-28-18-8, AS ADDED BY P.L.4-2005, SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 8. (a) The corporation shall perform the following duties:
        (1) Establish and implement the policies and procedures to be used by the corporation in the administration of the fund.
        (2) Subject to section 10 of this chapter, establish criteria for awarding loans from the fund.
        (3) Review and approve or disapprove applications for loans from the fund.
        (4) Establish the terms of loans from the fund, which must include the conditions set forth in section 11 of this chapter.
        (5) Award the loans approved under this chapter.
        (6) Provide the staff and other resources necessary to implement this chapter.
        (7) Prepare and distribute to appropriate entities throughout Indiana requests for proposals for the organization and operation of local pools.
        (8) Conduct conferences and seminars concerning the fund.
        (9) Submit a report concerning the fund to the general assembly before November 1 of each year. The report must include detailed information concerning the structure, operation, and financial condition of the fund. The report must be in an electronic format under IC 5-14-6.
    (b) The corporation may enter into contracts necessary for the administration of this chapter, including contracts for servicing loans from the fund.
SOURCE: IC 5-28-21-21; (12)HB1002.2.40. -->     SECTION 40. IC 5-28-21-21 IS REPEALED [EFFECTIVE JULY 1, 2012]. Sec. 21. Before July 2 each year, the corporation shall provide the legislative council and the governor with a report that includes the following information:
        (1) The number of applications for incubators received by the corporation.
        (2) The number of applications for incubators approved by the corporation.
        (3) The number of incubators created under this chapter.
        (4) The number of tenants occupying each incubator.
        (5) The occupancy rate of each incubator.
        (6) The number of jobs provided by each incubator and the tenants of each incubator.
        (7) The number of firms still operating in Indiana after leaving incubators and the number of jobs provided by those firms. The corporation shall attempt to identify the reasons firms that were established in an incubator have moved to another state.
The report to the legislative council must be in an electronic format under IC 5-14-6.
SOURCE: IC 5-28-23-1; (12)HB1002.2.41. -->     SECTION 41. IC 5-28-23-1, AS AMENDED BY P.L.2-2007, SECTION 110, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. (a) The corporation shall do the following:
        (1) contribute to the strengthening of the economy of Indiana through the development of science and technology and to promote the modernization of Indiana businesses by supporting the transfer of science, technology, and quality improvement methods to the workplace.
        (2) Submit an annual report to the governor and to the general assembly (in an electronic format under IC 5-14-6) that is due on the first day of November for each year and must include detailed information on the corporation's efforts to carry out this chapter. The corporation shall conduct an annual public hearing to receive comments from interested parties regarding the report, and notice of the hearing shall be given at least fourteen (14) days before the hearing in accordance with IC 5-14-1.5-5(b).
    (b) The corporation may do the following:
        (1) Receive money from any source, borrow money, enter into contracts, and expend money for activities appropriate to its purpose under this chapter.
        (2) Do things necessary or incidental to carrying out the functions listed in this chapter.
        (3) Establish a statewide business modernization network to assist Indiana businesses in identifying ways to increase productivity and market competitiveness.
        (4) Identify scientific and technological problems and opportunities related to the economy of Indiana and formulate proposals to overcome those problems or realize those opportunities.
        (5) Identify specific areas in which scientific research and technological investigation will contribute to the improvement of productivity of Indiana manufacturers and farmers.
        (6) Determine specific areas in which financial investment in scientific and technological research and development from private businesses located in Indiana could be improved or increased if state resources were made available to assist in financing activities.
        (7) Assist in establishing cooperative associations of postsecondary educational institutions in Indiana and of private enterprises to coordinate research and development programs that will, consistent with the primary educational function of the postsecondary educational institutions, aid in the creation of new jobs in Indiana.
        (8) Assist in financing the establishment and continued development of technology intensive businesses in Indiana.
        (9) Advise postsecondary educational institutions of the research needs of Indiana businesses and improve the exchange of scientific and technological information for the mutual benefit of postsecondary educational institutions and private businesses.
        (10) Coordinate programs established by postsecondary educational institutions to provide Indiana businesses with scientific and technological information.
        (11) Establish programs in scientific education that will support the accelerated development of technology intensive businesses in Indiana.
        (12) Provide financial assistance through contracts, grants, and loans to programs of scientific and technological research and development.
        (13) Determine how state educational institutions can increase income derived from the sale or licensure of products or processes having commercial value that are developed as a result of state educational institution sponsored research programs.
SOURCE: IC 5-28-28-4; (12)HB1002.2.42. -->     SECTION 42. IC 5-28-28-4, AS ADDED BY P.L.222-2007, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 4. As used in this chapter, "tax credit" means a state tax liability credit under any of the following:
        (1) IC 6-3.1-7.
        (2) IC 6-3.1-13.
        (3) IC 6-3.1-13.5.
        (4) (3) IC 6-3.1-26.
        (5) (4) IC 6-3.1-27.
        (6) (5) IC 6-3.1-28.
        (7) (6) IC 6-3.1-30.
SOURCE: IC 5-28-28-10; (12)HB1002.2.43. -->     SECTION 43. IC 5-28-28-10 IS ADDED TO THE INDIANA

CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 10. In addition to the other requirements of this chapter, the economic incentives and compliance report must also include a detailed report on the following programs, resources, or activities for which the corporation is responsible:
        (1) Small business development under IC 5-28-17.

         (2) The small business development fund established under IC 5-28-18-7.
        (3) The small business incubator program under IC 5-28-21.

         (4) Efforts to promote business modernization of and the adoption of technology by Indiana businesses under IC 5-28-23.

SOURCE: IC 5-29-1-3; (12)HB1002.2.44. -->     SECTION 44. IC 5-29-1-3 IS REPEALED [EFFECTIVE JULY 1, 2012]. Sec. 3. "Council" refers to the Indiana tourism council established by IC 5-29-4-1.
SOURCE: IC 5-29-4; (12)HB1002.2.45. -->     SECTION 45. IC 5-29-4 IS REPEALED [EFFECTIVE JULY 1, 2012]. (Indiana Tourism Council).
SOURCE: IC 5-31; (12)HB1002.2.46. -->     SECTION 46. IC 5-31 IS REPEALED [EFFECTIVE JULY 1, 2012]. (Indiana Health Informatics Corporation).
SOURCE: IC 6-1.1-20.3; (12)HB1002.2.47. -->     SECTION 47. IC 6-1.1-20.3 IS REPEALED [EFFECTIVE JULY 1, 2012]. (Distressed Political Subdivisions).
SOURCE: IC 6-1.1-31-13; (12)HB1002.2.48. -->     SECTION 48. IC 6-1.1-31-13 IS REPEALED [EFFECTIVE JULY 1, 2012]. Sec. 13. (a) Before February 1, 2002, the governor shall appoint two (2) individuals to participate in the adoption of rules by the department of local government finance as described in subsection (c). The term of each individual is one (1) year. The individuals serve at the pleasure of the governor. The expenses of the individuals shall be paid from the budget of the Indiana department of administration.
    (b) The individuals:
        (1) must be familiar with the duties and operations of the department of local government finance;
        (2) are not employees of the department;
        (3) are entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b);
        (4) are entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the individuals' duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency; and
        (5) may not be affiliated with the same political party.
    (c) The individuals appointed under this section shall consider all

rules proposed by the department of local government finance for adoption. During the period when the department is formulating a rule for adoption, the department shall provide the proposed rule to each individual appointed under this section. Each individual shall review the proposed rule. Before the department of local government finance takes final action to adopt a rule, the commissioner of the department and the individuals appointed under this section shall vote on the adoption. The department may take final action to adopt a rule only if there are at least two (2) affirmative votes for adoption. If the vote results in disapproval of the adoption, the department may not propose for adoption the same rule, or substantially the same rule, until at least one (1) year after the date of the vote. The department must make a written record of the vote under this subsection. The record of the vote is a public record.
    (d) The department of local government finance shall:
        (1) provide facilities and support to the individuals appointed under this section for the performance of their duties under this section; and
        (2) allow each individual appointed under this section at least two (2) weeks to review a proposed rule before a vote is taken on the proposed rule under subsection (c).

SOURCE: IC 6-3.1-1-3; (12)HB1002.2.49. -->     SECTION 49. IC 6-3.1-1-3, AS AMENDED BY P.L.223-2007, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 3. A taxpayer (as defined in the following laws), pass through entity (as defined in the following laws), or shareholder, partner, or member of a pass through entity may not be granted more than one (1) tax credit under the following laws for the same project:
        (1) IC 6-3.1-10 (enterprise zone investment cost credit).
        (2) IC 6-3.1-11 (industrial recovery tax credit).
        (3) IC 6-3.1-11.5 (military base recovery tax credit).
        (4) IC 6-3.1-11.6 (military base investment cost credit).
        (5) IC 6-3.1-13.5 (capital investment tax credit).
        (6) (5) IC 6-3.1-19 (community revitalization enhancement district tax credit).
        (7) (6) IC 6-3.1-24 (venture capital investment tax credit).
        (8) (7) IC 6-3.1-26 (Hoosier business investment tax credit).
        (9) (8) IC 6-3.1-31.9 (Hoosier alternative fuel vehicle manufacturer tax credit).
If a taxpayer, pass through entity, or shareholder, partner, or member of a pass through entity has been granted more than one (1) tax credit for the same project, the taxpayer, pass through entity, or shareholder,

partner, or member of a pass through entity must elect to apply only one (1) of the tax credits in the manner and form prescribed by the department.

SOURCE: IC 6-3.1-13.5; (12)HB1002.2.50. -->     SECTION 50. IC 6-3.1-13.5 IS REPEALED [EFFECTIVE JANUARY 1, 2013]. (Capital Investment Tax Credit).
SOURCE: IC 6-3.1-15-1; (12)HB1002.2.51. -->     SECTION 51. IC 6-3.1-15-1, AS AMENDED BY P.L.1-2005, SECTION 95, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. As used in this chapter, "buddy system project" has the meaning set forth in IC 20-20-15-4(1)(A). means a statewide computer project placing computers in homes of public school students.
SOURCE: IC 6-3.1-15-10; (12)HB1002.2.52. -->     SECTION 52. IC 6-3.1-15-10, AS AMENDED BY P.L.1-2005, SECTION 97, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 10. The state board shall in consultation with the corporation for educational technology if the corporation is established under IC 20-20-15-3, establish minimum standards for qualified computer equipment. Upon receipt of computer equipment, a service center shall promptly inspect the equipment. If the computer equipment meets the minimum standards established by the state board, the service center shall accept the computer equipment as qualified computer equipment and shall, subject to section 11(b) of this chapter, promptly send a certification to the computer equipment owner for the tax credit available under this chapter.
SOURCE: IC 8-4.5-3-1; (12)HB1002.2.53. -->     SECTION 53. IC 8-4.5-3-1, AS AMENDED BY P.L.59-2005, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. (a) The departments annually shall do the following:
        (1) Prepare a list of existing rights-of-way that might be abandoned during the following year. The list shall be submitted to the board for review.
        (2) Set priorities for potential future uses of rights-of-way consistent with the Indiana department of transportation's comprehensive transportation plan and the department of natural resources trail system plan.
        (3) Contact each railroad owner that holds an interest in a corridor in Indiana to assess the status and any issues concerning corridors that may be abandoned.
    (b) The Indiana department of transportation annually, in consultation with affected state and local agencies, shall prepare a list of corridors for preservation.
SOURCE: IC 8-4.5-3-2; (12)HB1002.2.54. -->     SECTION 54. IC 8-4.5-3-2 IS REPEALED [EFFECTIVE JULY 1, 2012]. Sec. 2. (a) The board shall do the following:
        (1) Review the list prepared under section 1(1) of this chapter.
        (2) Approve or disapprove the priorities set under section 1(2) of this chapter.
        (3) Review criteria for project selection under the program.
        (4) Review procedures for public participation under the program.
    (b) If the board disapproves the priorities set under section 1(2) of this chapter, the departments shall revise the priorities as directed by the board.
SOURCE: IC 8-4.5-3-3; (12)HB1002.2.55. -->     SECTION 55. IC 8-4.5-3-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. (a) The departments annually shall update the list prepared under section 1(1) of this chapter and the priorities set under section 1(2) of this chapter based on the following:
        (1) Annual system diagram map and supplemental information submitted to the Interstate Commerce Commission and state agencies identifying potential abandonment applications.
        (2) Changes in local agency interest.
        (3) Availability of funds.
        (4) Possible future uses for rail, transit, highway, bicycle, pedestrian, utility, communication, or recreation corridors.
    (b) The updated list and priorities are subject to review and approval by the board under section 2 of this chapter.
SOURCE: IC 8-4.5-3-4; (12)HB1002.2.56. -->     SECTION 56. IC 8-4.5-3-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. Subject to approval by the board, the The Indiana department of transportation shall file a petition with the United States Surface Transportation Board for public use conditions on a corridor that has been identified for preservation under this chapter.
SOURCE: IC 8-4.5-3-6; (12)HB1002.2.57. -->     SECTION 57. IC 8-4.5-3-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 6. Subject to approval by the board, the The departments annually shall assemble a written report containing the following information:
        (1) A description of the rights-of-way that have been abandoned during the previous year. This description is not required to include the legal description of any of the rights-of-way.
        (2) Any property that has been purchased under the program.
        (3) Sources of funds for the program.
        (4) Other information that the board or the departments consider relevant.
SOURCE: IC 8-16-17; (12)HB1002.2.58. -->     SECTION 58. IC 8-16-17 IS REPEALED [EFFECTIVE JULY 1, 2012]. (Ohio River Bridges Project Commission).
SOURCE: IC 9-18-44-1; (12)HB1002.2.59. -->     SECTION 59. IC 9-18-44-1, AS AMENDED BY P.L.96-2008,

SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. The bureau of motor vehicles shall, with the advice of the Native American Indian affairs commission established under IC 4-4-31.4, IC 4-23-32, design and issue an Indiana Native American trust license plate. The Indiana Native American trust license plate shall be designed and issued as a special group recognition license plate under IC 9-18-25.

SOURCE: IC 9-18-44-4; (12)HB1002.2.60. -->     SECTION 60. IC 9-18-44-4, AS AMENDED BY P.L.96-2008, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. (a) The Indiana Native American trust fund is established.
    (b) The treasurer of state shall invest the money in the Indiana Native American trust fund not currently needed to meet the obligations of the Indiana Native American trust fund in the same manner as other public trust funds are invested. Interest that accrues from these investments shall be deposited in the Indiana Native American trust fund.
    (c) The commissioner shall administer the Indiana Native American trust fund. Expenses of administering the Indiana Native American trust fund shall be paid from money in the Indiana Native American trust fund.
    (d) On June 30 of each year, the commissioner shall distribute the money from the fund as follows:
        (1) To Historic Prophetstown for a calendar year ending before January 1, 2009.
        (2) To the Native American Indian affairs commission established under IC 4-4-31.4 IC 4-23-32 for a calendar year beginning after December 31, 2008.
    (e) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
    (f) The Native American Indian affairs commission may use money received under this section for any lawful purpose of the Native American Indian affairs commission.
SOURCE: IC 10-17-9-20; (12)HB1002.2.61. -->     SECTION 61. IC 10-17-9-20 IS REPEALED [EFFECTIVE JULY 1, 2012]. Sec. 20. (a) The Indiana Veterans' Home advisory committee is established.
    (b) The advisory committee consists of eight (8) members appointed by the governor and must include the following:
        (1) One (1) member who is a licensed physician.
        (2) One (1) member who is a member of the general assembly from the district in which the Indiana Veterans' Home is located.
        (3) The director of veterans' affairs or the director's designee.
    (c) The term of a member, other than a member who is a member of the general assembly, is four (4) years. A member of the general assembly appointed under this section serves until the end of the member's current legislative term. The governor may remove a member of the advisory committee for cause. The governor shall fill a vacancy in the membership of an advisory committee for the unexpired term of the vacating member.
    (d) The advisory committee shall hold at least one (1) regular meeting in each calendar quarter and may hold special meetings upon the call of the superintendent.
    (e) The members of the advisory committee shall elect a chairperson and a secretary.
    (f) Each member of the advisory committee who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). The member is also entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.
    (g) Each member of the advisory committee who is a state employee but who is not a member of the general assembly is entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency.
    (h) Each member of the advisory committee who is a member of the general assembly is entitled to receive the same per diem, mileage, and travel allowances paid to members of the general assembly serving on interim study committees established by the legislative council.
    (i) The advisory committee shall act in an advisory capacity to the superintendent and to the director concerning ways to improve the Indiana Veterans' Home and the care of its residents.
SOURCE: IC 10-18-1-2; (12)HB1002.2.62. -->     SECTION 62. IC 10-18-1-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. (a) The Indiana war memorials commission is established.
    (b) Beginning July 1, 2015, the commission consists of ten (10) nine (9) members. Each Indiana congressional district must be represented by at least one (1) member who is:
        (1) a resident of that congressional district;
        (2) a veteran of service in the armed forces of the United States of America in time of war;
        (3) a citizen of Indiana at the time of the service; and
        (4) appointed:
            (A) in the manner;
            (B) for the terms;
            (C) to have the powers; and
            (D) to perform the duties;
        as provided in this chapter.
    (c) The commission:
        (1) as the commission and in the commission's name, may prosecute and defend suits; and
        (2) has all other duties, rights, and powers that are:
            (A) necessary to implement this chapter; and
            (B) not inconsistent with this chapter.
    (d) The members of the commission are not liable in their individual capacity, except to the state, for any act done or omitted in connection with the performance of their duties under this chapter.
    (e) A suit against the commission must be brought in a court with jurisdiction in Marion County. Notice or summons of the suit shall be served upon the president, vice president, or secretary of the commission. In a suit against the commission, it is not necessary to name the individual members of the commission as either plaintiff or defendant. Commission members may sue and be sued in the name of the Indiana war memorials commission.
    (f) The commission shall:
        (1) report to the governor through the adjutant general; and
        (2) be under the adjutant general for administrative supervision.
     (g) The reduction in the membership of the commission from ten (10) to nine (9) under subsection (b) shall be accomplished as the terms of members end and new members are appointed. This subsection expires July 1, 2015.
SOURCE: IC 11-10-4-6.6; (12)HB1002.2.63. -->     SECTION 63. IC 11-10-4-6.6 IS REPEALED [EFFECTIVE JULY 1, 2012]. Sec. 6.6. (a) As used in this section, "advisory committee" refers to the mental health corrections quality advisory committee established by subsection (b).
    (b) The mental health corrections quality advisory committee is established. The advisory committee consists of the following members:
        (1) The commissioner of the department or the commissioner's designee, who shall serve as chairperson of the advisory committee.
        (2) The director of the division of mental health and addiction or the director's designee.
        (3) A representative of a statewide mental health advocacy organization.
        (4) A representative of a statewide mental health provider organization.
        (5) A representative from a medical services organization that participates in the department's medical services program.
        (6) A member with expertise in psychiatric research representing a postsecondary educational institution.
        (7) A pharmacist licensed under IC 25-26 with expertise in mental health disorders.
The governor shall make the appointments under subdivisions (3) through (7) for a term of four (4) years and fill any vacancy on the advisory committee.
    (c) The affirmative votes of a majority of the voting members appointed to the advisory committee are required for the committee to take action on any measure.
    (d) The advisory committee shall advise the department and make recommendations concerning the department's formulary for medications for mental health and addictive disorders and consider the following:
        (1) Peer reviewed medical literature.
        (2) Observational studies.
        (3) Health economic studies.
        (4) Input from physicians and patients.
        (5) Any other information determined by the advisory committee to be appropriate.
    (e) The department shall report recommendations made by the advisory committee to the department's medical director.
    (f) The department shall report the following information to the Indiana commission on mental health and addiction (IC 12-21-6.5-2):
        (1) The advisory committee's advice and recommendations made under this section.
        (2) The number and types of restrictions implemented by the department and the outcome of each restriction.
        (3) The transition of individuals with mental illness into the community and the rate of recidivism.
        (4) Any decision by the department to change the mental health care delivery system in which medication is provided to inmates.
SOURCE: IC 12-13-12; (12)HB1002.2.64. -->     SECTION 64. IC 12-13-12 IS REPEALED [EFFECTIVE JULY 1, 2012]. (Commission on the Social Status of Black Males).
SOURCE: IC 14-8-2-48; (12)HB1002.2.65. -->     SECTION 65. IC 14-8-2-48, AS AMENDED BY P.L.197-2011, SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE

JULY 1, 2012]: Sec. 48. (a) "Commission", except as provided in subsections (b) through (r), this section, refers to the natural resources commission.
    (b) "Commission", for purposes of IC 14-13-1, has the meaning set forth in IC 14-13-1-1.
    (c) "Commission", for purposes of IC 14-13-2, has the meaning set forth in IC 14-13-2-2.
    (d) "Commission", for purposes of IC 14-13-4, has the meaning set forth in IC 14-13-4-1.
    (e) "Commission", for purposes of IC 14-13-5, has the meaning set forth in IC 14-13-5-1.
    (f) "Commission", for purposes of IC 14-13-6, has the meaning set forth in IC 14-13-6-2.
    (g) "Commission", for purposes of IC 14-14-1, has the meaning set forth in IC 14-14-1-3.
    (h) "Commission", for purposes of IC 14-20-11, has the meaning set forth in IC 14-20-11-1.
    (i) "Commission", for purposes of IC 14-21-4, has the meaning set forth in IC 14-21-4-1.
    (j) "Commission", for purposes of IC 14-25-11, has the meaning set forth in IC 14-25-11-1.
    (k) (i) "Commission", for purposes of IC 14-28-4, has the meaning set forth in IC 14-28-4-1.
    (l) (j) "Commission", for purposes of IC 14-30-1, has the meaning set forth in IC 14-30-1-2.
    (m) (k) "Commission", for purposes of IC 14-30-2, has the meaning set forth in IC 14-30-2-2.
    (n) (l) "Commission", for purposes of IC 14-30-3, has the meaning set forth in IC 14-30-3-2.
    (o) (m) "Commission", for purposes of IC 14-30-4, has the meaning set forth in IC 14-30-4-2.
    (p) (n) "Commission", for purposes of IC 14-33-20, has the meaning set forth in IC 14-33-20-2.

SOURCE: IC 14-8-2-84; (12)HB1002.2.66. -->     SECTION 66. IC 14-8-2-84 IS REPEALED [EFFECTIVE JULY 1, 2012]. Sec. 84. "Eligible entity", for purposes of IC 14-25-11, has the meaning set forth in IC 14-25-11-2.
SOURCE: IC 14-8-2-107; (12)HB1002.2.67. -->     SECTION 67. IC 14-8-2-107, AS AMENDED BY P.L.167-2011, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 107. "Fund" has the following meaning:
        (1) For purposes of IC 14-9-5, the meaning set forth in IC 14-9-5-1.
        (2) For purposes of IC 14-9-8-21, the meaning set forth in

IC 14-9-8-21.
        (3) For purposes of IC 14-9-8-21.5, the meaning set forth in IC 14-9-8-21.5.
        (4) For purposes of IC 14-9-9, the meaning set forth in IC 14-9-9-3.
        (5) For purposes of IC 14-12-1, the meaning set forth in IC 14-12-1-1.
        (6) For purposes of IC 14-12-2, the meaning set forth in IC 14-12-2-2.
        (7) For purposes of IC 14-12-3, the meaning set forth in IC 14-12-3-2.
        (8) For purposes of IC 14-13-1, the meaning set forth in IC 14-13-1-2.
        (9) For purposes of IC 14-13-2, the meaning set forth in IC 14-13-2-3.
        (10) For purposes of IC 14-16-1, the meaning set forth in IC 14-16-1-30.
        (11) For purposes of IC 14-19-8, the meaning set forth in IC 14-19-8-1.
        (12) For purposes of IC 14-20-11, the meaning set forth in IC 14-20-11-2.
        (13) For purposes of IC 14-21-4, the meaning set forth in IC 14-21-4-10.
        (14) (13) For purposes of IC 14-22-3, the meaning set forth in IC 14-22-3-1.
        (15) (14) For purposes of IC 14-22-4, the meaning set forth in IC 14-22-4-1.
        (16) (15) For purposes of IC 14-22-5, the meaning set forth in IC 14-22-5-1.
        (17) (16) For purposes of IC 14-22-8, the meaning set forth in IC 14-22-8-1.
        (18) (17) For purposes of IC 14-22-34, the meaning set forth in IC 14-22-34-2.
        (19) (18) For purposes of IC 14-23-3, the meaning set forth in IC 14-23-3-1.
        (20) (19) For purposes of IC 14-24-4.5, the meaning set forth in IC 14-24-4.5-2(5).
        (21) (20) For purposes of IC 14-25-2-4, the meaning set forth in IC 14-25-2-4.
        (22) (21) For purposes of IC 14-25-10, the meaning set forth in IC 14-25-10-1.
        (23) For purposes of IC 14-25-11-19, the meaning set forth in

IC 14-25-11-19.
        (24) (22) For purposes of IC 14-25.5, the meaning set forth in IC 14-25.5-1-3.
        (25) (23) For purposes of IC 14-28-5, the meaning set forth in IC 14-28-5-2.
        (26) (24) For purposes of IC 14-31-2, the meaning set forth in IC 14-31-2-5.
        (27) (25) For purposes of IC 14-25-12, the meaning set forth in IC 14-25-12-1.
        (28) (26) For purposes of IC 14-32-8, the meaning set forth in IC 14-32-8-1.
        (29) (27) For purposes of IC 14-33-14, the meaning set forth in IC 14-33-14-3.
        (30) (28) For purposes of IC 14-33-21, the meaning set forth in IC 14-33-21-1.
        (31) (29) For purposes of IC 14-34-6-15, the meaning set forth in IC 14-34-6-15.
        (32) (30) For purposes of IC 14-34-14, the meaning set forth in IC 14-34-14-1.
        (33) (31) For purposes of IC 14-34-19-1.3, the meaning set forth in IC 14-34-19-1.3(a).
        (34) (32) For purposes of IC 14-34-19-1.5, the meaning set forth in IC 14-34-19-1.5(a).
        (35) (33) For purposes of IC 14-37-10, the meaning set forth in IC 14-37-10-1.

SOURCE: IC 14-8-2-123.5; (12)HB1002.2.68. -->     SECTION 68. IC 14-8-2-123.5 IS REPEALED [EFFECTIVE JULY 1, 2012]. Sec. 123.5. "Historic courthouse", for purposes of IC 14-21-4, has the meaning set forth in IC 14-21-4-2.
SOURCE: IC 14-8-2-149; (12)HB1002.2.69. -->     SECTION 69. IC 14-8-2-149 IS REPEALED [EFFECTIVE JULY 1, 2012]. Sec. 149. "Legislative body", for purposes of IC 14-25-11, has the meaning set forth in IC 14-25-11-3.
SOURCE: IC 14-9-6-2; (12)HB1002.2.70. -->     SECTION 70. IC 14-9-6-2, AS AMENDED BY P.L.95-2006, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. (a) The advisory council consists of twelve (12) seven (7) members appointed by the governor. with the terms of four (4) members expiring each year.
    (b) Not more than eight (8) four (4) members may be of the same political party.
SOURCE: IC 14-9-6-3; (12)HB1002.2.71. -->     SECTION 71. IC 14-9-6-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. The term of a member of a council is three (3) years. The terms must be staggered so that the terms of not more than three (3) members may expire

in a year.

SOURCE: IC 14-9-6-6; (12)HB1002.2.72. -->     SECTION 72. IC 14-9-6-6, AS AMENDED BY P.L.95-2006, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 6. The advisory council:
        (1) shall hold at least one (1) regular meeting every two (2) months of the calendar year; and a meeting in January of each calendar year; and
        (2) may hold special meetings that at the call of the chairperson. of the advisory council considers necessary and expedient.
SOURCE: IC 14-9-6-7; (12)HB1002.2.73. -->     SECTION 73. IC 14-9-6-7, AS AMENDED BY P.L.95-2006, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 7. During the first meeting in held in January of each calendar year, the advisory council shall elect the following:
        (1) A chairperson and vice chairperson.
        (2) Any other officer needed to carry out the business of the advisory council.
SOURCE: IC 14-10-2-5; (12)HB1002.2.74. -->     SECTION 74. IC 14-10-2-5, AS AMENDED BY P.L.167-2011, SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 5. (a) The department may adopt emergency rules under IC 4-22-2-37.1 to carry out the duties of the department under the following:
        (1) IC 14-9.
        (2) This article.
        (3) IC 14-11.
        (4) IC 14-12-2.
        (5) IC 14-14.
        (6) IC 14-17-3.
        (7) IC 14-18, except IC 14-18-6 and IC 14-18-8.
        (8) IC 14-19-1 and IC 14-19-8.
        (9) IC 14-21.
        (10) IC 14-22-3, IC 14-22-4, and IC 14-22-5.
        (11) IC 14-23-1.
        (12) IC 14-25, except IC 14-25-8-3 IC 14-25-11, and IC 14-25-13.
        (13) IC 14-26.
        (14) IC 14-27.
        (15) IC 14-28.
        (16) IC 14-29.
        (17) IC 14-35-1, IC 14-35-2, and IC 14-35-3.
        (18) IC 14-37.
        (19) IC 14-38, except IC 14-38-3.
    (b) A rule adopted under subsection (a) expires not later than one (1) year after the rule is accepted for filing by the publisher of the

Indiana Register.

SOURCE: IC 14-21-1-25.5; (12)HB1002.2.75. -->     SECTION 75. IC 14-21-1-25.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 25.5. (a) If a Native American Indian burial ground is discovered, the department shall immediately provide notice to the Native American Indian affairs commission established by IC 4-4-31.4. IC 4-23-32.
    (b) If Native American Indian human remains are removed from a burial ground, the department shall provide the following to the Native American Indian affairs commission:
        (1) Any written findings or reports that result from the analysis and study of the human remains.
        (2) Written notice to the Native American Indian affairs commission that the analysis and study of the human remains are complete.
    (c) After receiving written notice under subsection (b)(2), the Native American Indian affairs commission shall make recommendations to the department regarding the final disposition of the Native American Indian human remains.
SOURCE: IC 14-21-4; (12)HB1002.2.76. -->     SECTION 76. IC 14-21-4 IS REPEALED [EFFECTIVE JULY 1, 2012]. (Courthouse Preservation Advisory Commission).
SOURCE: IC 14-25-11; (12)HB1002.2.77. -->     SECTION 77. IC 14-25-11 IS REPEALED [EFFECTIVE JULY 1, 2012]. (Rural Community Water Supply Systems).
SOURCE: IC 14-25-14; (12)HB1002.2.78. -->     SECTION 78. IC 14-25-14 IS REPEALED [EFFECTIVE JULY 1, 2012]. (Water Shortage Task Force).
SOURCE: IC 14-25-15-9; (12)HB1002.2.79. -->     SECTION 79. IC 14-25-15-9, AS ADDED BY P.L.4-2008, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 9. Not later than ten (10) years after the compact takes effect under section 9.4 of the compact, the general assembly shall study and make findings and recommendations concerning the following:
        (1) The appropriateness of the permit threshold amounts established in section 7(a) of this chapter considering:
            (A) advances made under section 1.4 of the compact;
            (B) findings under IC 14-25-14; and
            (C) (B) other new water management technology and practices that become available.
        (2) Any changes in those amounts that the general assembly deems warranted.
SOURCE: IC 14-25-16; (12)HB1002.2.80. -->     SECTION 80. IC 14-25-16 IS REPEALED [EFFECTIVE JULY 1, 2012]. (Water Resources Task Force).
SOURCE: IC 15-11-10; (12)HB1002.2.81. -->     SECTION 81. IC 15-11-10 IS REPEALED [EFFECTIVE JULY 1, 2012]. (Tobacco Farmers and Rural Community Impact Fund).
SOURCE: IC 15-17-3-2; (12)HB1002.2.82. -->     SECTION 82. IC 15-17-3-2, AS ADDED BY P.L.2-2008, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. The board consists of eleven (11) members appointed by the governor as follows:
        (1) One (1) member from the school of veterinary medicine of Purdue University upon the recommendation of the Purdue University board of trustees.
        (2) Two (2) members, each of whom must:
            (A) be a graduate of a veterinary college accredited by the American Veterinarian Medical Association and licensed and accredited to practice veterinary medicine and surgery in Indiana;
            (B) have at least five (5) years experience in veterinary medicine; and
            (C) actually be engaged in the general practice of veterinary medicine during the member's term on the board.
        The members appointed under this subdivision may not belong to the same political party.
        (3) Seven (7) members with the following qualifications:
            (A) One (1) member must be engaged in poultry production.
            (B) One (1) member must be engaged in dairying.
            (C) One (1) member must be engaged in swine production.
            (D) One (1) member must be engaged in beef-type cattle production.
            (E) One (1) member must be engaged in horse production.
            (F) One (1) member must be engaged in sheep production.
            (G) One (1) member must be:
                (i) engaged in small animal veterinary medical practice; and
                (ii) a veterinarian licensed and accredited to practice veterinary medicine and surgery in Indiana who has been licensed and accredited for at least five (5) years.
        The members appointed under clauses (A) through (F) must be producers of livestock or poultry who are engaged in livestock or poultry production during their service on the board. Not more than four (4) of the members appointed under this subdivision may belong to the same political party.
        (4) One (1) member who holds or is affiliated with a licensed livestock market. an organization that holds any of the following issued by the board:
            (A) A license issued under this article.
            (B) A grant of inspection issued to a meat processing establishment under IC 15-17-5.
            (C) A permit issued to a milk plant under IC 15-18-1.

SOURCE: IC 16-41-37.5-2.5; (12)HB1002.2.83. -->     SECTION 83. IC 16-41-37.5-2.5, AS ADDED BY P.L.168-2009, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2.5. (a) Before July 1, 2010, the state department shall distribute a manual of best practices for managing indoor air quality at schools as described in this section. The state department may use a manual on indoor air quality in schools developed by a federal health or environmental agency or another state and make additions or revisions to the manual with the input and advice of the air quality panel established by section 3 of this chapter, to make the manual most useful to Indiana schools. The state department shall provide the manual:
        (1) to:
            (A) the legislative council; and
            (B) the department of education;
        in an electronic format under IC 5-14-6; and
        (2) to the facilities manager and superintendent of each school corporation.
    (b) The department shall review and revise the manual developed under subsection (a) at least once every three (3) years to assure that the manual continues to represent best practices available to schools.
SOURCE: IC 16-41-37.5-3; (12)HB1002.2.84. -->     SECTION 84. IC 16-41-37.5-3 IS REPEALED [EFFECTIVE JULY 1, 2012]. Sec. 3. (a) The air quality panel is established to assist the state department in carrying out this chapter.
    (b) The panel consists of the following members:
        (1) A representative of the state department, appointed by the commissioner of the state department.
        (2) A representative of the department of education, appointed by the state superintendent of public instruction.
        (3) A representative of the Indiana department of administration, appointed by the commissioner of the Indiana department of administration.
        (4) A member of the governing body of a school corporation, appointed by the state superintendent of public instruction.
        (5) A teacher licensed under IC 20-28-4 or IC 20-28-5, appointed by the governor.
        (6) A representative of a statewide parent organization, appointed by the state superintendent of public instruction.
        (7) A physician who has experience in indoor air quality issues, appointed by the commissioner of the state department.
        (8) An individual with training and experience in occupational safety and health, appointed by the commissioner of the

department of labor.
        (9) A mechanical engineer with experience in building ventilation system design, appointed by the governor.
        (10) A building contractor with experience in air flow systems who is a member of a national association that specializes in air flow systems, appointed by the governor.
        (11) A member of a labor organization whose members install, service, evaluate, and balance heating, ventilation, and air conditioning equipment, appointed by the governor.
        (12) An individual with experience in the cleaning and maintenance of commercial facilities, appointed by the governor.
    (c) The chairperson of the panel shall be the representative of the state department.
    (d) The panel shall convene at least twice annually at the discretion of the chairperson.
    (e) The state department shall post minutes of each meeting of the panel on the state department's web site not later than forty-five (45) days after the meeting.
    (f) The state department shall provide administrative support for the panel.
    (g) The panel shall:
        (1) identify and make available to schools and state agencies best operating practices for indoor air quality;
        (2) assist the state department in developing plans to improve air quality conditions found in inspections under section 2 of this chapter; and
        (3) assist the state department in adopting rules under section 2 of this chapter.
    (h) The state department shall prepare and make available to the public an annual report describing the panel's actions.

SOURCE: IC 20-20-13-6; (12)HB1002.2.85. -->     SECTION 85. IC 20-20-13-6, AS AMENDED BY P.L.182-2009(ss), SECTION 305, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 6. (a) The Senator David C. Ford educational technology fund is established to extend educational technologies to elementary and secondary schools. The fund may be used for:
        (1) the 4R's technology grant program to assist school corporations (on behalf of public schools) in purchasing technology equipment:
            (A) for kindergarten and grade 1 students, to learn reading, writing, and arithmetic using technology;
            (B) for students in all grades, to understand that technology is

a tool for learning; and
            (C) for students in kindergarten through grade 3 who have been identified as needing remediation, to offer daily remediation opportunities using technology to prevent those students from failing to make appropriate progress at the particular grade level;
        (2) a school technology program developed by the department. The program may include grants to school corporations for the purchase of:
            (A) equipment, hardware, and software;
            (B) learning and teaching systems; and
            (C) other materials;
        that promote student learning, as determined by the department.
        (3) providing educational technologies, including computers in the homes of students;
        (4) conducting educational technology training for teachers; and
        (5) other innovative educational technology programs.
    (b) The department may also use money in the fund under contracts entered into with the office of technology established by IC 4-13.1-2-1 to study the feasibility of establishing an information telecommunications gateway that provides access to information on employment opportunities, career development, and instructional services from data bases operated by the state among the following:
        (1) Elementary and secondary schools.
        (2) Postsecondary educational institutions.
        (3) Career and technical educational centers and institutions that are not postsecondary educational institutions.
        (4) Libraries.
        (5) Any other agencies offering education and training programs.
    (c) The fund consists of:
        (1) state appropriations;
        (2) private donations to the fund;
        (3) money directed to the fund from the corporation for educational technology under IC 20-20-15; or
        (4) (3) any combination of the amounts described in subdivisions (1) through (3). this subsection.
    (d) The fund shall be administered by the department.
    (e) Unexpended money appropriated to or otherwise available in the fund at the end of a state fiscal year does not revert to the state general fund but remains available to the department for use under this chapter.
    (f) Subject to section 7 of this chapter, a school corporation may use money from the school corporation's capital projects fund as permitted

under IC 20-40-8 for educational technology equipment.

SOURCE: IC 20-20-13-7; (12)HB1002.2.86. -->     SECTION 86. IC 20-20-13-7, AS AMENDED BY P.L.2-2006, SECTION 82, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 7. (a) Notwithstanding any other law, a school corporation is not entitled to:
        (1) receive any money under this chapter or IC 20-20-15;
        (2) (1) use money from the school corporation's capital projects fund for educational technology equipment under IC 20-40-8; or
        (3) (2) receive an advance from the common school fund for an educational technology program under IC 20-49-4;
unless the school corporation develops a three (3) year technology plan.
    (b) Each technology plan must include at least the following information:
        (1) A description of the school corporation's intent to integrate technology into the school corporation's curriculum.
        (2) A plan for providing inservice training.
        (3) A schedule for maintaining and replacing educational technology equipment.
        (4) A description of the criteria used to select the appropriate educational technology equipment for the appropriate use.
        (5) Other information requested by the department after consulting with the budget agency.
    (c) The department shall develop guidelines concerning the development of technology plans. The guidelines developed under this subsection are subject to the approval of the governor.
SOURCE: IC 20-20-13-8; (12)HB1002.2.87. -->     SECTION 87. IC 20-20-13-8, AS ADDED BY P.L.1-2005, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 8. Upon the approval of the governor and the budget agency, the department may use funds available under this chapter to provide or extend education technology to any school corporation for purposes described in this chapter. The department (upon the approval of the governor and the budget agency) may direct funds under this chapter to the corporation for educational technology under IC 20-20-15 to further the corporation's purposes.
SOURCE: IC 20-20-13-9; (12)HB1002.2.88. -->     SECTION 88. IC 20-20-13-9, AS ADDED BY P.L.1-2005, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 9. (a) This section applies to the 4R's technology program described in section 6(a)(1) of this chapter.
    (b) In addition to any other funds available under this chapter, if state funds are transferred under IC 20-32-5-19 to the 4R's technology program:
        (1) those funds do not revert to the state general fund;
        (2) those funds shall be made available to the 4R's technology program under this chapter; and
        (3) the department, upon approval by the governor and the budget agency, shall use those funds to award grants under this section.
    (c) To be eligible to receive a grant under the program, a school corporation must comply with the following:
        (1) The school corporation must apply to the department for a grant on behalf of a school within the school corporation to purchase technology equipment.
        (2) The school corporation must certify the following:
            (A) That the school will provide every kindergarten and grade 1 student at that school the opportunity to learn reading, writing, and arithmetic using technology.
            (B) That the school will provide daily before or after school technology laboratories for students in grades 1 through 3 who have been identified as needing remediation in reading, writing, or arithmetic.
            (C) That the school will provide additional technology opportunities, that may include Saturday sessions, for students in other grade levels to use the technology laboratories for remediation in reading, writing, arithmetic, or mathematics.
            (D) That the school will provide technology opportunities to students that attend remediation programs under IC 20-32-8 (if the school corporation is required to do so) or any other additional summer programs.
            (E) That the school corporation either through its own or the school's initiative or through donations made to the corporation for educational technology under IC 20-20-15 on behalf of the school corporation, is able to provide a part of the costs attributable to purchasing the necessary technology equipment.
        (3) The school corporation must include in the application the sources of and the amount of money secured under subdivision (2)(E).
        (4) The school corporation or the school must:
            (A) provide teacher training services; or
            (B) use vendor provided teacher training services.
        (5) The school corporation must give primary consideration to the purchase of technology equipment that includes teacher training services.
        (6) The teachers who will be using the technology equipment must support the initiative described in this chapter.
    (d) Upon review of the applications by the department, the satisfaction of the requirements set forth in subsection (c), and subject to the availability of funds for this purpose, the department shall award to each eligible school corporation a grant to purchase technology equipment under section 6(a)(1) of this chapter.
    (e) The department shall monitor the compliance by the school corporations receiving grants of the matters cited in subsection (c).
SOURCE: IC 20-20-13-15; (12)HB1002.2.89. -->     SECTION 89. IC 20-20-13-15, AS ADDED BY P.L.1-2005, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 15. A school corporation qualifies for a technology plan grant under sections 13 through 24 of this chapter when the technology plan of the school corporation developed under section 7 of this chapter is approved by the department. For purposes of determining whether a school corporation qualifies for a grant under sections 13 through 24 of this chapter, the department shall:
        (1) review;
        (2) suggest changes;
        (3) approve; or
        (4) reject;
a school corporation's technology plan. However, before the department may approve a technology plan, the department must consult with the corporation for educational technology established by IC 20-20-15-3 on the contents of the technology plan.
SOURCE: IC 20-20-13-17; (12)HB1002.2.90. -->     SECTION 90. IC 20-20-13-17, AS ADDED BY P.L.1-2005, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 17. The total technology plan grant amount to a qualifying school corporation is the amount determined by the department with advice from the educational technology council established by IC 20-20-14-2, multiplied by the school corporation's ADM. The amount is one hundred dollars ($100). However, for the purposes of determining the ADM of a school corporation, students who are transferred under IC 20-33-4 or IC 20-26-11 shall be counted as students having legal settlement in the transferee corporation and not having legal settlement in the transferor corporation.
SOURCE: IC 20-20-14; (12)HB1002.2.91. -->     SECTION 91. IC 20-20-14 IS REPEALED [EFFECTIVE JULY 1, 2012]. (Educational Technology Council).
SOURCE: IC 20-20-15; (12)HB1002.2.92. -->     SECTION 92. IC 20-20-15 IS REPEALED [EFFECTIVE JULY 1, 2012]. (Corporation for Educational Technology).
SOURCE: IC 20-40-8-18; (12)HB1002.2.93. -->     SECTION 93. IC 20-40-8-18 IS REPEALED [EFFECTIVE JULY 1, 2012]. Sec. 18. Money in the fund may be used to carry out a plan developed under IC 16-41-37.5.
SOURCE: IC 22-4.1-15; (12)HB1002.2.94. -->     SECTION 94. IC 22-4.1-15 IS REPEALED [EFFECTIVE JULY 1,

2012]. (Building and Trades Advisory Committee).

SOURCE: ; (12)HB1002.2.95. -->     SECTION 95. [EFFECTIVE UPON PASSAGE] (a) For purposes of this SECTION, "corporation" means the Indiana health informatics corporation established under IC 5-31 before its repeal by this act.
    (b) Any assets and obligations of the corporation are transferred to the office of the secretary of family and social services on June 30, 2012.
    (c) This SECTION expires December 31, 2012.

SOURCE: ; (12)HB1002.2.96. -->     SECTION 96. [EFFECTIVE JULY 1, 2012] (a) For purposes of this SECTION, "commission" refers to the civil rights commission created by IC 22-9-1-4.
     (b) On July 1, 2012, any appropriation for the fiscal year beginning July 1, 2012, and ending June 30, 2013, made to:
        (1) the family and social services administration for the commission on the social status of black males in P.L.229-2011;
        (2) the department of workforce development for the commission on Hispanic/Latino affairs in P.L.229-2011;

         (3) the department of workforce development for the women's commission in P.L.229-2011; and
        (4) the department of workforce development for the Native American Indian affairs commission in P.L.229-2011;
is transferred to the commission.

     (c) This SECTION expires June 30, 2013.
SOURCE: ; (12)HB1002.2.97. -->     SECTION 97. [EFFECTIVE JULY 1, 2012] (a) Any member of the commission on the social status of black males under IC 12-13-12, before its repeal by this act, is a member of the commission on the social status of black males under IC 4-23-31, as added by this act.
    (b) Any member of the Native American Indian affairs commission under IC 4-4-31.4, before its repeal by this act, is a member of the Native American Indian affairs commission under IC 4-23-32, as added by this act.

    (c) This SECTION expires December 31, 2013.
SOURCE: ; (12)HB1002.2.98. -->     SECTION 98. An emergency is declared for this act.