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&DNM.1992-2-904
&YENC.1992
&YAMD.1992
SECTION 904. A valid claim:
(1) for goods or services provided; and
(2) not paid;
under IC 12-2 before its repeal shall be paid under the corresponding
provision of IC 12-20.
&DNM.1992-2-905
&YENC.1992
&YAMD.1992
SECTION 905. (a) This act is intended to be a codification and
restatement of applicable or corresponding provisions repealed by this
act. This act is also intended to implement P.L.9-1991 to make
conforming changes to carry out the legislative intent of P.L.9-1991. If
this act repeals and replaces a provision in the same form or in a
restated form, the substantive operation and effect of that provision
continue uninterrupted.
(b) This act does not affect any:
(1) rights or liabilities accrued;
(2) penalties incurred;
(3) violations committed;
(4) proceedings begun;
(5) bonds, notes, loans, or other forms of indebtedness issued,
incurred, or made; or
(6) tax levies made;
before the effective date of this act. Those rights, liabilities, penalties,
offenses, proceedings, bonds, notes, loans, other forms of indebtedness,
and tax levies continue and shall be imposed and enforced under prior
law as if this act had not been enacted.
(c) A reference in a statute or rule to a statute that is repealed and
replaced in the same or a different form in this act shall be treated after
the effective date of the new provision as a reference to the new
provision.
&DNM.1992-2-906
&YENC.1992
&YAMD.1992
SECTION 906. (a) Except as provided in subsection (b), a rule
adopted under a provision repealed by this act is valid and effective
until a rule is adopted under IC 4-22-2 that:
(1) supersedes in whole or in part the rule adopted under a
provision repealed by this act; or
(2) repeals the rule adopted under a provision repealed by this
act.
(b) If a rule adopted under a provision repealed by this act before
the effective date of this act:
(1) has not been superseded or repealed as provided in
subsection (a); and
(2) provides authority to a state agency that has been transferred
to another state agency under this act;
the rule shall be interpreted to constitute an authorization to the state
agency to which authority was transferred and not the former agency.
&DNM1992-2-907
&YENC.1992
&YAMD.1992
SECTION 907. The general assembly may, by concurrent
resolution, preserve any of the background materials related to this act.
&DNM.1992-3-26
&YENC.1992
&YAMD.1992
SECTION 26. Any written rules or policies adopted by the
secretary of state to administer IC 2-7 before July 1, 1992, continue in
force until rescinded or modified by the legislative ethics commission
established by IC 2-7-1.6, as added by this act.
&DNM.1992-4-55
&YENC.1992
&YAMD.1992
SECTION 55. 35 IAC 2-1.1 IS VOID.
&DNM.1992-14-167
&YENC.1992
&YAMD.1992
SECTION 167. IC 28-7-1-9(9), as amended by this act, applies to
expenditures made by credit unions after July 1, 1992, for buildings or
other office space.
&DNM.1992-20-48
&YENC.1992
&YAMD.1992
SECTION 48. (a) Except as provided in subsection (b), a rule
adopted by the department of mental health concerning the
handicapped infants and toddlers program before its repeal under
P.L.9-1991, SECTION 98, is valid and effective until the section of
child care services within the division of family and children adopts a
rule under IC 4-22-2 that supersedes in whole or in part or otherwise
repeals the department of mental health rule for the infants and toddlers
with disabilities program under IC 12-17-14, as added by this act.
(b) If a rule adopted by the department of mental health before
January 1, 1992:
(1) has not been superseded or repealed as provided in
subsection (a); and
(2) provides authority to the department of mental health that has
been transferred to the section of child care services within the
division of family and children;
the rule shall be interpreted to constitute an authorization to the section
of child care services within the division of family and children and not
the division of mental health.
&DNM.1992-20-49
&YENC.1992
&YAMD.1992
SECTION 49. (a) Except as provided in subsection (b), a rule
adopted by the Indiana state board of education concerning the school
age child care project fund before its repeal under P.L.9-1991,
SECTION 98 is valid and effective until the section of child care
services within the division of family and children adopts a rule under
IC 4-22-2 that supersedes in whole or in part or otherwise repeals the
Indiana state board of education rule for the school age child care
project program established under IC 12-17-12, as amended by this act.
(b) If a rule adopted by the Indiana state board of education before
January 1, 1992:
(1) has not been superseded or repealed as provided in
subsection (a); and
(2) provides authority to the Indiana state board of education that
has been transferred to the section of child care services within
the division of family and children;
the rule shall be interpreted to constitute an authorization to the section
of child care services within the division of family and children and not
the Indiana state board of education.
&DNM.1992-21-17
&YENC.1992
&YAMD.1992
SECTION 17. (a) Except as provided in subsection (b), a rule
adopted by the department of mental health concerning the
handicapped infants and toddlers program before its repeal under
P.L.9-1991, SECTION 98, is valid and effective until the section of
child care services within the division of family and children adopts a
rule under IC 4-22-2 that supersedes in whole or in part or otherwise
repeals the department of mental health rule for the infants and toddlers
with disabilities program under IC 12-17-15, as added by this act.
(b) If a rule adopted by the department of mental health before
January 1, 1992:
(1) has not been superseded or repealed as provided in
subsection (a); and
(2) provides authority to the department of mental health that has
been transferred to the section of child care services within the
division of family and children;
the rule shall be interpreted to constitute an authorization to the section
of child care services within the division of family and children and not
the division of mental health.
&DNM.1992-21-18
&YENC.1992
&YAMD.1992
SECTION 18. (a) Except as provided in subsection (b), a rule
adopted by the interdepartmental board for the coordination of human
service programs concerning the school age child care project fund
before its repeal under P.L.9-1991, SECTION 98 is valid and effective
until the section of child care services within the division of family and
children adopts a rule under IC 4-22-2 that supersedes in whole or in
part or otherwise repeals the interdepartmental board rule for the
school age child care project program established under IC 12-17-12.
(b) If a rule adopted by the interdepartmental board for the
coordination of human service programs before January 1, 1992:
(1) has not been superseded or repealed as provided in
subsection (a); and
(2) provides authority to the interdepartmental board that has
been transferred to the section of child care services within the
division of family and children;
the rule shall be interpreted to constitute an authorization to the section
of child care services within the division of family and children and not
the interdepartmental board for the coordination of human service
programs.
(c) Notwithstanding this act, the changes made to IC 4-13-2-30, as
amended by this act, with respect to contracts described in
IC 4-13-2-20(i) take effect July 1, 1992.
&DNM.1992-27-33
&YENC.1992
&YAMD.1992
SECTION 33. P.L.112-1991, SECTION 6, shall be applied during
state fiscal year 1992 and during the first quarter of state fiscal year
1993 to permit the office of Medicaid policy and planning to use funds
from the Medicaid indigent care trust fund to pay the state share of the
additional disproportionate share payments received by providers that
also receive significant disproportionate share payments as required by
P.L.112-1991, SECTION 1(e).
&DNM.1992-27-34
&YENC.1992
&YAMD.1992
SECTION 34. (a) The economic development authority created by
IC 6-9-2-7 is abolished July 1, 1992.
(b) For purposes of determining the amount to be transferred in
1992 under IC 6-9-2-2, as amended by this act, the revenue collected
under IC 6-9-2 is:
(1) the revenue collected after June 30, 1992, and before January
1, 1993, rather than the money collected during the entire year;
plus
(2) the money remaining on July 1, 1992, in the economic
development fund established under IC 6-9-2-2.
&DNM.1992-28-14
&YENC.1992
&YAMD.1992
SECTION 14. All agreements that are:
(1) executed by or on behalf of school corporations or school
townships before the effective date of this act; and
(2) for advances from the Indiana common school fund under
IC 21-1-5;
are hereby validated and legalized.
&DNM.1992-32-8
&YENC.1992
&YAMD.1992
SECTION 8. (a) The local government finance study commission
is established.
(b) The commission consists of eight (8) members as follows:
(1) Four (4) members of the senate, not more than two (2) of
whom may be of the same political party, to be appointed by the
president pro tempore of the senate with the advice of the
minority leader of the senate.
(2) Four (4) members of the house of representatives, not more
than two (2) of whom may be of the same political party, to be
appointed by the speaker of the house of representatives with the
advice of the minority leader of the house of representatives.
(c) The commission has twelve (12) advisors as follows:
(1) Four (4) city or town officials, not more than two (2) of
whom may be of the same political party, to be appointed as
follows:
(A) Two (2) appointed by the president pro tempore of the
senate with the advice of the minority leader of the senate.
(B) Two (2) appointed by the speaker of the house of
representatives with the advice of the minority leader of the
house of representatives.
(2) Four (4) county officials, not more than two (2) of whom may
be of the same political party, to be appointed as follows:
(A) Two (2) appointed by the president pro tempore of the
senate with the advice of the minority leader of the senate.
(B) Two (2) appointed by the speaker of the house of
representatives with the advice of the minority leader of the
house of representatives.
(3) Four (4) private citizens, not more than two (2) of whom may
be of the same political party, to be appointed by the governor.
(d) If a vacancy exists on the commission or among the advisors,
the vacancy shall be filled by the person who made the original
appointment.
(e) The chairman of the legislative council shall name the
chairman of the commission. The chairman shall call the first meeting
of the commission before July 1, 1992.
(f) The commission shall conduct a study of matters concerning
local government, including the following:
(1) Ways to simplify and recodify statutory property tax controls.
(2) Revenue sources and uses of the revenue.
(3) The impact of property tax controls on economic
development.
(4) Alternative sources of revenue that are not derived from
property taxes.
(5) The Barrett Law. The commission shall do the following
concerning the Barrett Law:
(A) Recodify the Barrett Law during the 1992 interim of the
general assembly.
(B) Study the Barrett Law and recommend changes during
the 1993 interim of the general assembly.
(C) Study other issues concerning the Barrett Law that are
assigned by the legislative council.
(g) The commission shall operate under the direction of the
legislative council as follows:
(1) Staff services shall be supplied by the legislative services
agency.
(2) The office of fiscal and management analysis shall conduct
a special inquiry into the financial organization of local
government under the direction of the commission.
(3) The commission shall issue an interim report before January
1, 1993, and a final report before November 1, 1993, or at other
times determined by the legislative council. Copies of each
report shall be given to the governor and legislative council.
(h) Travel and other expenses shall be paid as follows:
(1) Each advisor to the commission who is not a state employee
is not entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). Each advisor is, however, entitled to
reimbursement for traveling expenses and other expenses
actually incurred in connection with the advisor's duties, as
provided in the state travel policies and procedures established
by the Indiana department of administration and approved by the
budget agency.
(2) Each advisor to the commission who is a state employee is
entitled to reimbursement for traveling expenses under
IC 4-13-1-4 and other expenses actually incurred in connection
with the advisor's duties as provided in the state policies and
procedures established by the Indiana department of
administration and approved by the budget agency.
(3) Each member of the commission 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.
&DNM.1992-32-9
&YENC.1992
&YAMD.1992
SECTION 9. There is appropriated to the legislative council forty
thousand dollars ($40,000) from the motor vehicle account fund, half
from the amount set aside for distribution under IC 8-14-1-3(1) and
half from the amount set aside for distribution under IC 8-14-1-3(2), for
its use in carrying out the purposes of SECTION 8 of this act for the
period beginning May 1, 1992, and ending December 31, 1993. This
appropriation is in addition to any other amounts appropriated to the
legislative council. Any money remaining unexpended at the end of a
state fiscal year does not revert to the state general fund until January
1, 1994.
&DNM.1992-35-2
&YENC.1992
&YAMD.1992
SECTION 2. IC 5-10-8-7.2, as added by this act, applies to a
contract between the state and a prepaid health care delivery plan that
is entered into or renewed after June 30, 1992.
&DNM.1992-40-21
&YENC.1992
&YAMD.1992
Effective July 1, 1993.
SECTION 21. (a) Notwithstanding IC 16-1-7-2, as amended by
this act, a full-time or part-time city health department in a county
having a population of more than one hundred twenty-nine thousand
(129,000) but less than one hundred thirty thousand six hundred
(130,600) terminates January 1, 1994.
(b) By January 1, 1994, local officials shall consolidate any city
health department in a county having a population of more than one
hundred twenty-nine thousand (129,000) but less than one hundred
thirty thousand six hundred (130,600) with the county local health
department.
(c) Before calculating the 1994 maximum permissible levy under
IC 6-1.1-18.5, the state board of tax commissioners shall increase the
1993 maximum levy permitted under IC 6-1.1-18.5 for a county having
a population of more than one hundred twenty-nine thousand (129,000)
but less than one hundred thirty thousand six hundred (130,600). The
increase is the amount budgeted in 1993 by the cities that had local
health departments in the county for the operation of the cities' health
department.
(d) This SECTION applies to property taxes first due and payable
after December 31, 1993.
&DNM.1992-41-9
&YENC.1992
&YAMD.1992
SECTION 9. (a) An action taken by a redevelopment commission
before the effective date of this act to designate a taxpayer, modify the
definition of property taxes, or establish a base assessed value as
described in IC 36-7-14-39.3, as amended by this act, is hereby
legalized and validated as if IC 36-7-14-39.3, as amended by this act,
had been in effect on the date of the action.
(b) The amendment made by SECTION 2 of this act to
IC 36-7-14-39.3 as added by P.L.35-1990, SECTION 59, and
P.L.35-1990, SECTION 74, does not affect actions taken pursuant to
P.L.35-1990.
&DNM.1992-41-11
&YENC.1992
&YAMD.1992
SECTION 11. SECTIONS 1 through 3 of this act apply to property
taxes first due and payable after December 31, 1992.
&DNM.1992-42-8
&YENC.1992
&YAMD.1992
SECTION 8. Notwithstanding P.L.56-1991 or any other law, a
taxpayer's deductions under IC 6-1.1-12.1-4.5 for new manufacturing
equipment first assessed on March 1, 1991, shall not, as a result of the
amendments made by P.L.56-1991, SECTION 2, and codified at
IC 6-1.1-12.1-4.5(f), be less than the deductions the taxpayer would
have received for that new manufacturing equipment under
IC 6-1.1-12.1-4.5 as IC 6-1.1-12.1-4.5 existed immediately before the
amendments made by P.L.56-1991, SECTION 2.
&DNM.1992-43-18
&DNM.1992-43-19
&YENC.1992
&YAMD.1992
SECTION 19. Notwithstanding P.L.240-1991(ss2), SECTION 9,
the intent of the general assembly is to expend for state tuition support
during 1992 and 1993 the amount of state tuition support determined
for distribution under IC 21-3, as limited by IC 21-3-1.7-9, as amended
by this act, plus the amount of supplemental tuition support
distributions under P.L.240-1991(ss2), SECTION 9.
&DNM.1992-48-3
&YENC.1992
&YAMD.1992
SECTION 3. This act does not apply to a petition for rehearing or
redetermination that is based on a determination or final determination
made before July 1, 1992.
&DNM.1992-101-6
&YENC.1992
&YAMD.1992
SECTION 6. (a) Except as provided in subsection (b), a rule
adopted by the state department of health concerning grain moisture
testing equipment is valid and effective until the office of the
commissioner of agriculture adopts a rule under IC 4-22-2 that:
(1) supersedes in whole or in part the state department of health
rule; or
(2) repeals the state department of health rule.
(b) If a rule adopted by the state department of health before July
1, 1992:
(1) has not been superseded or repealed as provided in
subsection (a); and
(2) provides authority to the state department of health that has
been transferred to the office of the commissioner of agriculture
under this act;
the rule shall be interpreted to constitute an authorization to the office
of the commissioner of agriculture and not the state department of
health.
(c) This act does not affect:
(1) rights or liabilities accrued;
(2) penalties incurred;
(3) crimes committed; or
(4) proceedings begun;
&DNM.1992-147-3
&YENC.1992
&YAMD.1992
SECTION 3. (a) A declaratory resolution or an amendment to a
declaratory resolution that was adopted by:
(1) the county redevelopment commission for a county described
in IC 36-7-14-39.3(a)(1)(B), as added by this act; or
(2) the city redevelopment commission for a city described in
IC 36-7-14-39.3(a)(2), as added by this act;
before the effective date of this act is hereby legalized and validated as
if the declaratory resolution or amendment had been adopted under
IC 36-7-14-39.3, as amended by this act.
&DNM.1992-152-25
&YENC.1992
&YAMD.1992
SECTION 25. This act applies to assessments made after the
effective date of this act.
&DNM.1992-155-1
&YENC.1992
&YAMD.1992
SECTION 1. The board of trustees of Purdue University may issue
and sell bonds under IC 20-12-6, subject to the approvals required by
IC 20-12-5.5, for the following project as long as the sum of principal
costs of any bonds issued does not exceed the total authority listed
below. The principal costs of the bonds include all acquisition,
installation, planning, and other related costs. Interest and financing
charges, costs, and expenses may also be financed as part of the bond
issue in amounts that may be in addition to the total authority listed
below. The trustees are further authorized to pledge any available funds
not otherwise encumbered as may be required to secure repayment of
the bonds, together with interest and financing charges, costs, and
expenses.
PURDUE UNIVERSITY
West Lafayette Campus Turbine