Indiana Code ./noncode/1995.html-./noncode/1995.html-./noncode/1995.html

&DNM.1995-1-92
&YENC.1995
&YAMD.1995
    SECTION 92. (a) The common council of the city of Hammond shall administer the operation of Wolf Lake Memorial Park in the same manner as other city parks located in the city.
    (b) All that part of the real property known as Wolf Lake Memorial Park located in North Township, Lake County, Indiana, that:
        (1) on March 14, 1957, was held by the state; and
        (2) was not in use and occupied on March 15, 1957, by a toll road project constructed and maintained under IC 8-15-2;
is dedicated as a public recreation area. The use, possession, operation, maintenance, and development of the dedicated real property is vested perpetually in the city of Hammond, Indiana, subject to the limitations set forth in this SECTION.
    (c) The real property dedicated by this SECTION:
        (1) shall be administered, operated, maintained, and developed as a public park in the city; and
        (2) shall not be withdrawn from the city as long as the use and possession of the real property by the city is consistent with the dedication and all other provisions of this SECTION.
    (d) If the city:
        (1) converts the dedicated real property or any part of the property to a use other than as a public park in the city; or
        (2) dumps or deposits or suffers or permits to be dumped or deposited garbage, refuse, or other worthless matter in or upon the dedicated real property or any part of the property, except as is necessary and incidental to the public park use;
the general assembly may withdraw all of the dedicated real property from the city without compensation to the city.

&DNM.1995-2-141
&YENC.1995
&YAMD.1995
    SECTION 141. (a) This act is intended to resolve technical conflicts among acts enacted by the general assembly and to correct other technical errors. This act is not intended to change the effective date of any statute or otherwise result in any substantive change in the law.
    (b) This act does not affect any:
        (1) rights or liabilities accrued;
        (2) penalties incurred;
        (3) violations committed; or
        (4) proceedings begun;
before the effective date of this act. Those rights, liabilities, penalties, offenses, and proceedings continue and shall be imposed and enforced under prior law as if this act had not been enacted.
    (c) Any reference in any statute or rule to a statute that is repealed and replaced in the same or a different form in this act shall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.1995-16-17
&YENC.1995
&YAMD.1995
    SECTION 17. (a) The following apply to the judges of the Marion municipal court serving on December 31, 1995:
        (1) The judge whose term as a municipal court judge expires December 31, 1995, and who is serving as municipal court judge on that date, is entitled to serve as a judge of the Marion superior court established under IC 33-5.1-2, as added by this act, until midnight December 31, 2000. The initial election of the judge under IC 33-5.1-2, as added by this act, is the general election held November 7, 2000. The person elected takes office January 1, 2001.
        (2) The three (3) judges whose terms as municipal court judges expire December 31, 1996, and who are serving as municipal court judges on that date, are entitled to serve as judges of the Marion superior court established under IC 33-5.1-2, as added by this act, until midnight December 31, 2000. The initial election of the judges under IC 33-5.1-2, as added by this act, is the general election held November 7, 2000. The persons elected take office January 1, 2001.
        (3) The three (3) judges whose terms as municipal court judges expire December 31, 1998, and who are serving as municipal court judges on that date, are entitled to serve as judges of the Marion superior court established under IC 33-5.1-2, as added by this act, until midnight December 31, 2000. The initial election of the judges under IC 33-5.1-2, as added by this act, is the general election held November 7, 2000. The persons elected take office January 1, 2001.
        (4) The three (3) judges whose terms as municipal court judges expire May 31, 1997, and who are serving as municipal court judges on that date, are entitled to serve as judges of the Marion superior court established under IC 33-5.1-2, as added by this act, until midnight December 31, 2000. The initial election of the judges under IC 33-5.1-2, as added by this act, is the general election held November 7, 2000. The persons elected take office January 1, 2001.
        (5) The six (6) judges whose terms as municipal court judges expire December 31, 1997, and who are serving as municipal court judges on that date, are entitled to serve as judges of the Marion superior court established under IC 33-5.1-2, as added by this act, until midnight December 31, 2000. The initial election of the judges under IC 33-5.1-2, as added by this act, is the general election held November 7, 2000. The persons elected take office January 1, 2001.
    (b) This SECTION expires January 1, 2002.

&DNM.1995-16-19
&YENC.1995
&YAMD.1995
    SECTION 19. (a) Notwithstanding IC 33-5.1-2, as added by this act, the Marion superior court, consisting of thirty-one (31) judges, may not be established before January 1, 1996.
    (b) Notwithstanding IC 33-5.1-3, as added by this act, the administration of the Marion superior court may not occur before January 1, 1996.
    (c) This SECTION expires January 1, 2002.

&DNM.1995-16-20
&YENC.1995
&YAMD.1995
    SECTION 20. (a) The judges of the Marion superior court and the judges of the Marion municipal court who are serving on June 1, 1995, shall, not later than July 1, 1995, elect two (2) presiding judges under subsection (b) who shall act as the executive committee for the newly formed Marion superior court. Notwithstanding IC 33-5.1-2-9(a), the executive committee elected under this subsection shall serve for a term beginning July 1, 1995, and ending December 31, 1996.
    (b) The two (2) presiding judges who shall act as the executive committee under this section must be elected as follows:
        (1) The republican judges of:
            (A) the Marion superior court; and
            (B) the Marion municipal court;
        shall elect one (1) republican presiding judge to serve on the executive committee.
        (2) The democrat judges of:
            (A) the Marion superior court; and
            (B) the Marion municipal court;
        shall elect one (1) democrat presiding judge to serve on the executive committee.
    (c) The interim executive committee for the newly formed Marion superior court elected under this section has all of the authority and limitations of the permanent executive committee elected under IC 33-5.1-2-9, as added by this act.
    (d) The executive committee shall submit to the fiscal body of Marion County a proposed budget for the operation of the superior court established under IC 33-5.1-2-1, as added by this act, and shall provide for transition as a thirty-one (31) member superior court on January 1, 1996. The proposed budget required by this subsection shall be submitted on the date specified by the fiscal body of Marion County.
    (e) Notwithstanding IC 33-5.1-2, as added by this act, the executive committee elected under this SECTION shall provide for the initial organization of the thirty-one (31) member superior court, including employment of a court administrator, and shall take other necessary steps to assure an orderly and efficient administration of

the unified court when it becomes operative on January 1, 1996.
(f) This SECTION expires January 1, 2002.

&DNM.1995-16-116
&YENC.1995
&YAMD.1995
    SECTION 18. (a) The municipal court judge whose term expires December 31, 1997, and who is serving as a part-time judge on that date, is entitled to continue serving as a part-time judge of the Marion superior court established under IC 33-5.1-2, as added by this act, until midnight December 31, 2000.
    (b) The following apply to the part-time judge described in subsection (a):
        (1) The judge shall be assigned to the criminal division of the Marion superior court.
        (2) The judge may not practice criminal law in the Marion superior court, but may practice civil law in the Marion superior court.
        (3) The judge may convert to full-time status at any time.
        (4) The annual salary of the part-time judge shall be equal to the sum of forty percent (40%) of the salary of a full-time superior court judge. The salary of the part-time judge shall be paid on a percentage basis from the same sources providing the salary of a full-time superior court judge.
    (c) If the judge serving as part-time judge of the Marion superior court stands for election in the general election held November 7, 2000, and any subsequent election, and is elected as judge of the Marion superior court, the judge may continue to serve as a part-time judge, subject to the provisions of subsection (b).
    (d) If it is determined in a judicial ethics action that the judge serving as part-time judge of the Marion superior court may not engage in the practice of civil law before the Marion superior court, the cases in which the judge has entered an appearance or filed any pleadings shall be transferred to the Marion circuit court for further proceedings. The judge may continue to participate in the cases transferred to the circuit court. Cases transferred to the circuit court under this subsection have the same effect as if originally filed in or issued by the Marion circuit court.

&DNM.1995-17-46
&YENC.1995
&YAMD.1995
    SECTION 46. (a) A cumulative fund that was established before July 1, 1995, and is listed in IC 6-1.1-41-1, as added by this act, expires only if the governing body establishing the fund terminates the fund in an ordinance or a resolution that is adopted after July 1, 1995, even if:
        (1) a statute in effect before July 1, 1995; or
        (2) the resolution or ordinance creating the fund;
established an expiration date for the fund.

(b) A property tax levy that was imposed for a fund described in subsection (a) may be imposed after July 1, 1995, in compliance with IC 6-1.1-41, as added by this act, even if different procedures applied to the property tax levy before July 1, 1995.
(c) This act applies to taxes first due and payable after December 31, 1995.

&DNM.1995-18-145
&YENC.1995
&YAMD.1995
SECTION 145. For the purposes of providing educational and other services to the offices of the judges and magistrates created by this act, the state budget director, with the approval of the governor, may increase appropriations made to the Indiana judicial center from appropriations otherwise available for providing the services of the Indiana judicial center to the members of the judicial conference of Indiana.

&DNM.1995-25-96
&YENC.1995
&YAMD.1995
SECTION 96. Notwithstanding this act, if a school corporation has conducted the hearing described in IC 20-5-52 before the effective date of this SECTION, the school corporation may issue bonds or execute a lease for the school building construction project that was the subject of the hearing in accordance with the requirements for issuing bonds or executing a lease that were in effect before July 1, 1995.

&DNM.1995-25-97
&YENC.1995
&YAMD.1995
SECTION 97. The provisions of IC 6-1.1-12.1-2.5, IC 8-22-3.5-6, IC 36-7-14-17, and IC 36-7-15.1-10, all as amended by this act, concerning mailing copies of notices to taxing units apply only to official actions taken after June 30, 1995.

&DNM.1995-25-99
&YENC.1995
&YAMD.1995
SECTION 99. (a) IC 6-1.1-12-28.5, as amended by this act, and IC 6-1.1-12-35, as amended by this act, apply to property taxes due and payable after December 31, 1994.
(b) Except for IC 6-1.1-12-28.5, as amended by this act, and IC 6-1.1-12-35, as amended by this act, this act applies to property taxes first due and payable after December 31, 1996.

&DNM.1995-25-100
&YENC.1995
&YAMD.1995

SECTION 100. IC 36-7-14-39.5, as amended by this act, applies to property taxes first due and payable after December 31, 1995.

&DNM.1995-25-101
&YENC.1995
&YAMD.1995
SECTION 101. Notwithstanding IC 6-1.1-12-28.5, as amended by this act, the filing deadlines for applications for the 1995 assessment year must be filed by September 1, 1995.

&DNM.1995-25-104
&YENC.1995
&YAMD.1995
    SECTION 104. (a) This SECTION applies to each county in which there is located tangible property that was assessed for the 1994 assessment year and used to claim a deduction for the first time in 1994 under IC 6-1.1-12-28.5 as tangible property comprising a resource recovery system.
    (b) Before October 1, 1995, each county treasurer shall send a tax statement to those taxpayers claiming a deduction under IC 6-1.1-12-28.5 for the 1994 assessment year that charges those taxpayers the amount of property taxes that are owed on tangible property comprising the resource recovery system, to the extent the deduction is for tangible property that was assessed in 1994 and deducted for the first time in 1994. However, the owner of such a resource recovery system may claim a deduction for the 1994 assessment year under IC 6-1.1-12.1 for new manufacturing equipment, if the designating body that would have granted the deduction adopts a resolution approving the new manufacturing equipment deduction before July 1, 1995. IC 6-1.1-12.1, as amended by this act, applies to the granting of the deduction except for the requirements that the designation of the economic revitalization area and filing of a statement of benefits occur before the installation of the new manufacturing equipment. The amount of the additional taxes due under this subsection shall be used to reduce the gross property tax levy of each taxing unit located in a taxing district in which additional taxes are paid under this subsection.
    (c) Before October 1, 1995, each county auditor shall certify to the state board of tax commissioners the amount of the additional property taxes that taxpayers in the county had to pay as described in subsection (b) and any other information required by the state board of tax commissioners to carry out this subsection. Using the amount of the additional taxes paid under subsection (b), the state board of tax commissioners shall allocate the amount among the taxing units according to the gross tax levy of each affected taxing unit. The state board of tax commissioners shall compute a reduction in each affected taxing unit's gross tax levy for property taxes first due and payable in 1996 equal to the additional taxes allocated to that taxing unit. The reduction shall be made in the same manner as a budget

reduction would be computed under IC 6-1.1-18.5-17.

&DNM.1995-31-10
&YENC.1995
&YAMD.1995
SECTION 10. The provisions of this act are severable in the manner provided by IC 1-1-1-8(b).

&DNM.1995-40-6
&YENC.
&YAMD.
    (Repealed by P.L.18-1996, SEC.33.)

&DNM.1995-40-7
&YENC.1995
&YAMD.1995
    SECTION 7. (a) An investment made by the treasurer of state under SECTION 6 of this act before July 1, 1997, remains legal after June 30, 1997.
    (b) This SECTION expires July 1, 2002.

&DNM.1995-44-9
&YENC.1995
&YAMD.1995
SECTION 9. This act applies to a rulemaking action that commences after June 30, 1995.

&DNM.1995-46-90
&YENC.
&YAMD.
    (Repealed by P.L.15-1996, SEC.4.)

&DNM.1995-46-98
&YENC.1995
&YAMD.1995
    SECTION 98. (a) The terms and conditions of any waivers that are obtained by the state from the United States Department of Health and Human Services or the United States Department of Agriculture before January 1, 1995:
        (1) are valid;
        (2) comply with the legislative intent of this act;
        (3) need not be resubmitted for approval; and
        (4) may be implemented until the terms and conditions of any waivers requested under this act are received and affidavits are filed with the governor's office and the budget committee attesting that the necessary waiver requests have been approved.
    (b) The office of the secretary of family and social services and the office of Medicaid policy and planning shall:
        (1) provide the greatest effort possible to secure all federal waivers required under this act; and

        (2) reapply for waivers required under this act but denied by:
            (A) the Secretary of the United States Department of Health and Human Services;
            (B) the Secretary of the United States Department of Agriculture; or
            (C) both.
    (c) This SECTION expires on the date that all waivers requested under this act have been obtained.

&DNM.1995-46-100
&YENC.1995
&YAMD.1995
    SECTION 100. (a) A waiver that:
        (1) is requested under authority of this act from the federal government; and
        (2) is granted under conditions that are consistent with this act;
is valid and supersedes any conflicting provisions of Indiana law.
    (b) This SECTION expires December 31, 2002.

&DNM.1995-46-101
&YENC.1995
&YAMD.1995
    SECTION 101. (a) Any part of this act that requires a waiver from the United States Department of Health and Human Services or the United States Department of Agriculture does not apply to a person who first received assistance under IC 12-14 before January 1, 1994.
    (b) This SECTION expires:
        (1) January 1, 1996; or
        (2) ninety (90) days after the date that all waivers required to implement this act have been approved;
whichever occurs later.

&DNM.1995-46-102
&YENC.1995
&YAMD.1995
    SECTION 102. (a) Any part of this act that requires a waiver from the United States Department of Health and Human Services or the United States Department of Agriculture does not apply to a person who first received assistance under IC 12-14 after December 31, 1993.
    (b) This SECTION expires:
        (1) January 1, 1997; or
        (2) fifteen (15) months after the date that all waivers required to implement this act have been approved;
whichever occurs later.

&DNM.1995-46-104
&YENC.1995
&YAMD.1995

SECTION 104. The provisions of this act are severable in the manner provided by IC 1-1-1-8(b).

&DNM.1995-70-13
&YENC.1995
&YAMD.1995
SECTION 13. IC 36-8-12-6, as amended by this act, applies to insurance policies that are entered into or renewed after December 31, 1995.

&DNM.1995-82-21
&YENC.1995
&YAMD.1995
SECTION 21. (a) Except as provided in subsection (b), IC 36-1-14.3, as added by this act, does not apply to a contract, a lease, an agreement, or an extension of a contract, a lease, or an agreement entered into before the effective date of IC 36-1-14.3, as added by this act.
(b) This subsection applies to an agreement in the nature of a public-private agreement (as defined in IC 36-1-14.3-4) that was entered into or extended before the effective date of this SECTION. The parties to an agreement described in this SECTION may enter into an addendum of the agreement to be governed by this act and to apply the provisions of this act to the agreement. If the parties enter into an addendum under this SECTION, the addendum becomes a part of the agreement to the same extent as if the addendum had been part of the original agreement.

&DNM.1995-83-8
&YENC.1995
&YAMD.1995
SECTION 8. IC 6-1.1-6.5-18, as amended by this act, applies to property taxes first due and payable after December 31, 1995.

&DNM.1995-84-8
&YENC.
&YAMD.
(Repealed by P.L.6-1997, SEC.239.)

&DNM.1995-84-9
&YENC.1995
&YAMD.1995
    SECTION 9. (a) This SECTION applies to rehabilitation or redevelopment that:
        (1) was initiated after January 1, 1993, and before January 1, 1994; and
        (2) is in a city having a population of more than four thousand five hundred (4,500) in a county having a population of more than twenty-four thousand eight hundred (24,800) but less than twenty-five thousand (25,000).

    (b) The definitions in IC 6-1.1-12.1-1 apply throughout this SECTION.
    (c) Notwithstanding IC 6-1.1-12.1-3, the:
        (1) designation or enlargement of an economic revitalization area;
        (2) submission of a statement of benefits; and
        (3) designating body's approval of the statement of benefits;
after the initiation of the rehabilitation or redevelopment for which a deduction is claimed under IC 6-1.1-12.1 are legalized and validated for deductions claimed for 1994 and subsequent assessment years.

&DNM.1995-84-10
&YENC.1995
&YAMD.1995
    SECTION 10. (a) This SECTION applies to a consolidated city.
    (b) The definitions in IC 6-1.1-12.1-1 apply throughout this SECTION.
    (c) Notwithstanding any other law, a designating body's actions taken after February 1, 1991, and before January 1, 1993, in designating an economic revitalization area are legalized and validated.
    (d) The installation of new manufacturing equipment after February 1, 1991, is eligible for the deduction provided under IC 6-1.1-12.1 for property taxes first due and payable after December 31, 1992, as granted by resolution adopted by the designating body for the economic revitalization area.

&DNM.1995-84-11
&YENC.1995
&YAMD.1995
    SECTION 11. (a) This SECTION applies to a city having a population of more than five thousand fifty (5,050) but less than five thousand one hundred (5,100).
    (b) The definitions in IC 6-1.1-12.1-1 apply throughout this SECTION.
    (c) Notwithstanding any other law, a designating body's actions taken before May 31, 1992, in designating an economic revitalization area are legalized and validated.
    (d) The installation of new manufacturing equipment after March 1, 1991, is eligible for the deduction provided under IC 6-1.1-12.1 for property taxes first due and payable after December 31, 1992, as granted by resolution adopted by the designating body for the economic revitalization area.

&DNM.1995-84-12
&YENC.1995
&YAMD.1995
SECTION 12. (a) This SECTION applies to a taxpayer that:
(1) is located in an economic revitalization area declared under

IC 6-1.1-12.1 in a city having a population of more than thirty-three thousand eight hundred fifty (33,850) but less than thirty-five thousand (35,000); and
        (2) with respect to new manufacturing equipment installed by the taxpayer in the economic revitalization area after March 2, 1991, and before March 1, 1992, filed a statement of benefits under IC 6-1.1-12.1-4.5 after March 1, 1992, with the designating body for the economic revitalization area.
    (b) The definitions in IC 6-1.1-12.1-1 apply throughout this SECTION.
    (c) Notwithstanding IC 6-1.1-12.1-4.5, a statement of benefits is not required of a taxpayer to qualify for the economic revitalization area deduction under IC 6-1.1-12.1 with respect to the new manufacturing equipment described in subsection (a).
    (d) This SECTION applies to property taxes due and payable after December 31, 1992.

&DNM.1995-84-13
&YENC.1995
&YAMD.1995
    SECTION 13. (a) This SECTION applies to a county having a population of more than fifty thousand (50,000) and less than seventy thousand (70,000).
    (b) Notwithstanding any other law, a designating body's actions taken after July 1, 1991, and before December 31, 1992, in:
        (1) designating an economic revitalization area; or
        (2) approving a statement of benefits;
after the initiation of the installation of new manufacturing equipment for which a person desires to claim a deduction under IC 6-1.1-12.1 are legalized and validated.
    (c) Notwithstanding any other law, a designating body's actions taken after February 28, 1993, and before July 1, 1995:
        (1) designating an economic revitalization area;
        (2) approving a statement of benefits; or
        (3) retroactively approving a statement of benefits;
after initiation of the installation of new manufacturing equipment or rehabilitation or redevelopment of real property for which a person desires to claim a deduction under IC 6-1.1-12.1 are legalized and validated.
    (d) Notwithstanding any other law, a designating body's action taken after February 28, 1993, and before July 1, 1995, incorporating the information required in the statement of benefits in the designating body's findings of fact made in support of designating an area as an economic revitalization area or approving a deduction under IC 6-1.1-12.1 is legalized and validated and shall be treated as if the applicant provided the statement of benefits before the final action taken by the designating body.
    (e) Notwithstanding any other law, a review shall be made of timely filed deduction applications for actions legalized and validated under this SECTION for the purpose of granting deductions under

IC 6-1.1-12.1 for assessment years after 1991.

&DNM.1995-84-14
&YENC.1995
&YAMD.1995
    SECTION 14. (a) This section applies only to property that is located in:
        (1) an economic revitalization area; and
        (2) a town having a population of more than one thousand (1,000) but less than two thousand (2,000) in a county having a population of more than twenty-four thousand eight hundred (24,800) but less than twenty-five thousand (25,000).
    (b) The definitions in IC 6-1.1-12.1 apply throughout this SECTION.
    (c) A taxpayer that is otherwise eligible for a tax deduction under IC 6-1.1-12.1 but failed to:
        (1) designate or expand the boundaries of an economic revitalization area;
        (2) file a statement of benefits or other information with the designating body;
        (3) have a statement of benefits approved by a designating body;
        (4) have a deduction under IC 6-1.1-12.1 granted by a designating body; or
        (5) have the designating body make the findings of fact required under IC 6-1.1-12.1;
before installing new manufacturing equipment or initiating redevelopment or rehabilitation in an economic revitalization area, is entitled to a tax deduction under IC 6-1.1-12.1 on property for assessment years after 1993 to the same extent as if the taxpayer had installed new manufacturing equipment or initiated redevelopment or rehabilitation after the actions described in subdivisions (1) through (5).
    (d) The state board of tax commissioners and the county auditor in the county where the property is located shall approve the taxpayer's application for a deduction under IC 6-1.1-12.1 on the property as soon as feasible after the passage of this act.
    (e) This SECTION applies only to property taxes first due and payable after 1994.

&DNM.1995-84-15
&YENC.1995
&YAMD.1995
SECTION 15. IC 6-1.1-10-31.4, as added by this act, applies to property taxes first due and payable after December 31, 1995.

&DNM.1995-84-16
&YENC.1995
&YAMD.1995
SECTION 16. (a) This SECTION applies to a city having a

population of more than fifteen thousand (15,000) but less than fifteen thousand four hundred (15,400).
    (b) The definitions in IC 6-1.1-12.1 apply throughout this SECTION.
    (c) Notwithstanding any other law, a designating body's actions taken after July 1, 1991, and before December 31, 1992, in:
        (1) designating an economic revitalization area; or
        (2) approving a statement of benefits;
after the initiation of the installation of new manufacturing equipment for which a person desires to claim a deduction under IC 6-1.1-12.1 are legalized and validated.
    (d) Notwithstanding any other law, a review shall be made of timely filed deduction applications for actions legalized and validated under this SECTION for the purpose of granting deductions under IC 6-1.1-12.1 for assessment years after 1991.

&DNM.1995-84-17
&YENC.1995
&YAMD.1995
    SECTION 17. (a) This SECTION applies to a county having a population of more than nine thousand (9,000) but less than nine thousand five hundred (9,500).
    (b) The definitions in IC 6-1.1-12.1-1 apply throughout this SECTION.
    (c) Notwithstanding any other law, a designating body's actions taken before December 31, 1994, in:
        (1) designating an economic revitalization area; or
        (2) approving a statement of benefits;
after the initiation of the installation of new manufacturing equipment or after the initiation of the rehabilitation or redevelopment of real estate for which a person desires to claim a deduction under IC 6-1.1-12.1 are legalized and validated.

&DNM.1995-85-44
&YENC.1995
&YAMD.1995
SECTION 44. IC 6-2.1-1-4.5, as added by this act, IC 6-2.1-2-5, as amended by this act, IC 6-3-1-11, as amended by this act, and IC 6-3-1-3.5, as amended by this act, apply to taxable years that begin after December 31, 1994. IC 6-3-4-4.1, as amended by this act, applies only to taxable years that begin after December 31, 1995.

&DNM.1995-85-45
&YENC.1995
&YAMD.1995
SECTION 45. IC 6-2.1-1-0.5 and IC 6-2.1-1-0.6, as added by this act, are to clarify and not change existing statutory law.

&DNM.1995-87-2

&YENC.1995
&YAMD.1995
SECTION 2. This act applies to property taxes first due and payable after December 31, 1995.

&DNM.1995-92-5
&YENC.1995
&YAMD.1995
SECTION 5. This act applies to taxable years beginning after December 31, 1995.

&DNM.1995-93-27
&YENC.1995
&YAMD.1995
    SECTION 27. (a) IC 6-3-2-18 and IC 6-8-11, as added by this act, apply to taxable years that begin after December 31, 1995.
    (b) IC 27-8-10-10, IC 27-8-15-8.5, IC 27-8-15-9, IC 27-8-15-10.5, IC 27-8-15-14, IC 27-8-15-19, IC 27-8-15-27, IC 27-8-15-28, IC 27-8-15-29, IC 27-8-15-30, IC 27-8-15-31, IC 27-8-15-32, IC 27-8-15-33, and IC 27-8-15-34, all as added or amended by this act, apply to all small employer health insurance plans issued or renewed under IC 27-8-15, as amended by this act, after December 31, 1995.
    (c) IC 27-8-5-2.6, as added by this act, applies to all individual accident and sickness policies issued or renewed after December 31, 1995.
    (d) IC 27-8-5-2.5, as added by this act, applies to all individual accident and sickness policies issued or renewed after December 31, 1997.
    (e) Subject to IC 27-27-8-15-31.1(a), as added by this act, IC 27-8-15-16 and IC 27-8-15-31.1, as added or amended by this act, apply to all small employer health insurance plans issued or renewed under IC 27-8-15, as amended by this act, after December 31, 1997.

&DNM.1995-94-2
&YENC.1995
&YAMD.1995
SECTION 2. This act applies to taxable years that begin after December 31, 1994.

&DNM.1995-95-2
&YENC.1995
&YAMD.1995
SECTION 2. This act applies to taxable years that begin after December 31, 1994.

&DNM.1995-96-15
&YENC.1995
&YAMD.1995
SECTION 15. This act applies to property taxes first due and

payable after December 31, 1995.

&DNM.1995-96-16
&YENC.1995
&YAMD.1995
SECTION 16. This act applies to taxable years that begin after December 31, 1995.

&DNM.1995-99-15
&YENC.1995
&YAMD.1995
SECTION 15. (a) This SECTION applies to a county having a population of more than one hundred sixty thousand (160,000) but less than two hundred thousand (200,000).
(b) An ordinance adopted by a county income tax council after July 1, 1992, but before July 1, 1993, to impose a county option income tax or county economic development income tax (as authorized under IC 6-3.5-7-5(g), before its amendment by this act) to finance a government building to be subleased to the federal government or an agency or a department of the federal government under IC 36-9-13.1 (before its repeal by this act) is invalid.

&DNM.1995-104-5
&YENC.1995
&YAMD.1995
SECTION 5. There is appropriated to the state police department three million seven hundred fifty-six thousand one hundred six dollars ($3,756,106) from the state general fund for carrying out the purposes of IC 10-1-1-4.5, as added by this act, in the year beginning July 1, 1995, and ending June 30, 1996.

&DNM.1995-104-6
&YENC.1995
&YAMD.1995
SECTION 6. There is appropriated to the state police department three million seven hundred fifty-six thousand one hundred seven dollars ($3,756,107) from the motor vehicle highway account for carrying out the purposes of IC 10-1-1-4.5, as added by this act, in the year beginning July 1, 1995, and ending June 30, 1996.

&DNM.1995-104-7
&YENC.1995
&YAMD.1995
SECTION 7. There is appropriated to the state police department one hundred seventy-three thousand eight hundred ninety-nine dollars ($173,899) from the motor carrier regulation account for carrying out the purposes of IC 10-1-1-4.5, as added by this act, in the year beginning July 1, 1995, and ending June 30, 1996.

&DNM.1995-104-8

&YENC.1995
&YAMD.1995
SECTION 8. There is appropriated to the state police department four million forty-one thousand three hundred eighty-eight dollars ($4,041,388) from the state general fund for carrying out the purposes of IC 10-1-1-4.5, as added by this act, in the year beginning July 1, 1996, and ending June 30, 1997.

&DNM.1995-104-9
&YENC.1995
&YAMD.1995
SECTION 9. There is appropriated to the state police department four million forty-one thousand three hundred eighty-eight dollars ($4,041,388) from the motor vehicle highway account for carrying out the purposes of IC 10-1-1-4.5, as added by this act, in the year beginning July 1, 1996, and ending June 30, 1997.

&DNM.1995-104-10
&YENC.1995
&YAMD.1995
SECTION 10. There is appropriated to the state police department two hundred thirty-eight thousand eight hundred eleven dollars ($238,811) from the motor carrier regulation account for carrying out the purposes of IC 10-1-1-4.5, as added by this act, in the year beginning July 1, 1996, and ending June 30, 1997.

&DNM.1995-104-11
&YENC.1995
&YAMD.1995
SECTION 11. There is appropriated to the state police pension fund six hundred ninety-seven thousand five hundred ninety-seven dollars ($697,597) from the state general fund for carrying out the purposes of IC 10-1-1-4.5, as added by this act, in the year beginning July 1, 1995, and ending June 30, 1996.

&DNM.1995-104-12
&YENC.1995
&YAMD.1995
SECTION 12. There is appropriated to the state police pension fund six hundred ninety-seven thousand five hundred ninety-seven dollars ($697,597) from the motor vehicle highway account for carrying out the purposes of IC 10-1-1-4.5, as added by this act, in the year beginning July 1, 1995, and ending June 30, 1996.

&DNM.1995-104-13
&YENC.1995
&YAMD.1995
SECTION 13. There is appropriated to the state police pension fund six hundred thirty-eight thousand eight hundred fifteen dollars ($638,815) from the state general fund for carrying out the purposes

of IC 10-1-1-4.5, as added by this act, in the year beginning July 1, 1996, and ending June 30, 1997.

&DNM.1995-104-14
&YENC.1995
&YAMD.1995
SECTION 14. There is appropriated to the state police pension fund six hundred thirty-eight thousand eight hundred sixteen dollars ($638,816) from the motor vehicle highway account for carrying out the purposes of IC 10-1-1-4.5, as added by this act, in the year beginning July 1, 1996, and ending June 30, 1997.

&DNM.1995-116-11
&YENC.1995
&YAMD.1995
SECTION 11. IC 8-22-3-28, as amended by this act, applies to property taxes first due and payable after December 31, 1995.

&DNM.1995-142-33
&YENC.1995
&YAMD.1995
    SECTION 33. (a) Rules adopted by the state department of health before July 1, 1995, under IC 16-41-36 (before its repeal), are considered rules of the state board of cosmetology examiners after June 30, 1995.
    (b) On July 1, 1995, all records, powers, duties, and liabilities of the state department of health under IC 16-41-36 (before its repeal) are transferred to the state board of cosmetology examiners under IC 25-8-15.4, as added by this act.
    (c) All:
        (1) matters pending before; and
        (2) judgments entered by;
the state department of health under IC 16-41-36 (before its repeal) are transferred to the state board of cosmetology examiners under IC 25-8-15.4, as added by this act.

&DNM.1995-148-9
&YENC.1995
&YAMD.1995
SECTION 9. IC 35-50-2-13, as added by this act, applies to offenses committed after June 30, 1995.

&DNM.1995-152-23
&YENC.1995
&YAMD.1995
    SECTION 23. (a) Not later than:
        (1) June 30, 1995, the division of disability, aging, and rehabilitative services shall, in cooperation with the state department of health, adopt rules under IC 4-22-2 that:
            (A) are required to implement IC 12-10-6, as amended by

this act; and
            (B) notwithstanding IC 4-22-2-36, are effective retroactively to March 1, 1995;
        (2) June 30, 1995, the office of the secretary of family and social services shall adopt rules under IC 4-22-2 that:
            (A) are required to implement IC 12-15-14, as amended by this act; and
            (B) notwithstanding IC 4-22-2-36, are effective retroactively to April 1, 1995, or the earliest date permitted by federal statute or regulation; and
        (3) June 30, 1995, the office of Medicaid policy and planning shall submit a state plan amendment to the Health Care Financing Administration that is required to implement IC 12-15-14, as amended by this act.

&DNM.1995-156-11
&YENC.1995
&YAMD.1995
    SECTION 11. Notwithstanding IC 4-22-2-36, the office of Medicaid policy and planning may implement an increase in Medicaid reimbursement for inpatient psychiatric care provided in freestanding non-state psychiatric hospitals on June 1, 1995.

&DNM.1995-166-26
&YENC.
&YAMD.
(Repealed by P.L.124-1996, SEC.31.)

&DNM.1995-172-7
&YENC.1995
&YAMD.1995
    SECTION 7. (a) This SECTION applies only to a county having a population of more than sixty thousand (60,000) but less than sixty-four thousand (64,000).
    (b) The board (as defined by IC 13-9.5-1-3) of a county district (as defined by IC 13-9.5-1-7) may appropriate money from the district's solid waste management fund (established under IC 13-9.5-7-2) to the county to provide reasonable compensation to an owner of a permanent residence for diminution in the value of the permanent residence, if any, sustained solely as a result of the operations of a new landfill approved by the department of environmental management under IC 13-7-10-1(e). Any appropriation made under this subsection shall be reported to the department of environmental management.
    (c) Subject to subsection (e), the county shall deposit any money received under subsection (b) in the general fund of the county. The county fiscal body shall appropriate an amount equal to the amount deposited in the county general fund under this subsection to provide reasonable compensation to an owner of a permanent residence for diminution in the value of the permanent residence, if any, sustained

solely as a result of the operations of a new landfill approved by the department of environmental management under IC 13-7-10-1(e).
    (d) Subject to subsections (c) and (e), the county fiscal body may appropriate money from the county general fund to provide reasonable compensation to an owner of a permanent residence for diminution in the value of the permanent residence, if any, sustained solely as a result of the operations of a new landfill approved by the department of environmental management under IC 13-7-10-1(e).
    (e) An appropriation made by a county fiscal body under subsection (c) or (d) may only be made five (5) consecutive years and may not exceed one percent (1%) of the fair value of the residential improvements located on the property each of the five (5) years.
    (f) This SECTION expires:
        (1) December 31, 2002; or
        (2) seventy-two (72) months after a permit to operate a new landfill is approved by the department of environmental management under IC 13-7-10-1(e);
whichever is later.

&DNM.1995-214-3
&YENC.1995
&YAMD.1995
    SECTION 3. (a) The definitions in IC 21-6.1-1 apply throughout this SECTION.
    (b) Notwithstanding IC 21-6.1-4-5, as amended by this act, and IC 21-6.1-4-13(a), as added by this act, and subject to IC 21-6.1-4-13(b), as added by this act, a member who accrued creditable service before January 1, 1995, for leave for other educational employment approved by the board:
        (1) retains the creditable service accrued before January 1, 1995, resulting from the leave for other educational employment that was approved by the board; and
        (2) continues to accrue creditable service after December 31, 1994, resulting from the leave for other educational employment that was approved before January 1, 1995, by the board.

&DNM.1995-247-27
&YENC.1995
&YAMD.1995
    SECTION 27. (a) IC 26-1-8.1, as added by this act, does not affect an action or a proceeding commenced before July 1, 1996.
    (b) If a security interest in a security is perfected before July 1, 1996, and the action by which the security interest was perfected would suffice to perfect a security interest under IC 26-1-8.1, as added by this act, no further action is required to continue perfection. If a security interest in a security is perfected on July 1, 1996, but the action by which the security interest was perfected would not suffice to perfect a security interest under IC 26-1-8.1, as added by this act, the security interest remains perfected for a period of four (4) months

after the effective date and continues perfected thereafter if appropriate action to perfect IC 26-1-8.1, as added by this act, is taken within that period. If a security interest is perfected on July 1, 1996, and the security interest can be perfected by filing under IC 26-1-8.1, as added by this act, a financing statement signed by the secured party instead of the debtor may be filed within that period to continue perfection or thereafter to perfect.

&DNM.1995-270-2
&YENC.1995
&YAMD.1995
SECTION 2. This act applies only to services provided or fees imposed after this act takes effect.

&DNM.1995-276-2
&YENC.1995
&YAMD.1995
SECTION 2. IC 32-8-16-1, as amended by this act, does not apply to a complaint asking for foreclosure that is filed before July 1, 1995.

&DNM.1995-278-16
&YENC.1995
&YAMD.1995
SECTION 16. IC 34-4-33-13, IC 33-1-1.5-4.5, IC 33-1-1.5-9, IC 33-1-1.5-10, IC 34-4-34-3, IC 34-4-34-4, IC 34-4-34-5, IC 34-4-34-6, IC 34-4-44.6, all as added by this act, apply to a cause of action that accrues after June 30, 1995.

&DNM.1995-282-6
&YENC.1995
&YAMD.1995
SECTION 6. IC 33-13-9.1-4, IC 33-13-10.1-7, IC 33-13-10.1-9, and IC 33-13-10.1-10, all as amended by this act, apply to all benefits paid under IC 33-13-9.1 and IC 33-13-10.1 after June 30, 1995, but do not require the board of trustees of the public employees' retirement fund to recompute any benefits that were paid under IC 33-13-9.1 or IC 33-13-10.1 before July 1, 1995.

&DNM.1995-304-2
&YENC.1995
&YAMD.1995
SECTION 2. IC 35-50-1-2, as amended by this act, applies to crimes committed after June 30, 1995.

&DNM.1995-320-46
&YENC.1995
&YAMD.1995
SECTION 46. A comprehensive plan that:
(1) was approved before March 14, 1994, under

IC 36-7-4-508(c) as in effect before March 14, 1994; and
(2) was not filed in the county recorder's office as required by IC 36-7-4-508(c) as in effect before March 14, 1994;
is legalized.

&DNM.1995-320-47
&YENC.1995
&YAMD.1995
SECTION 47. IC 36-7-4-1400 through IC 36-7-4-1406, as added by this act, apply only to development plans initially submitted after December 31, 1995.

&DNM.1995-323-2
&YENC.1995
&YAMD.1995
SECTION 2. IC 36-7-14-39.5, as amended by this act, applies to property taxes first due and payable after December 31, 1995.

&DNM.1995-328-2
&YENC.1995
&YAMD.1995
SECTION 2. (a) This SECTION applies to a city having a population of more than thirty-five thousand (35,000) but less than thirty-seven thousand (37,000) in a county having a population of more than sixty-four thousand (64,000) but less than sixty-five thousand (65,000).
(b) The operation of city owned buildings or grounds operated as a golf course by a nonprofit corporation before July 1, 1995, without a lease from the city, or under a lease that was not open to public bid to lease the buildings or grounds, is legalized and validated.

&DNM.1995-340-1
&YENC.1995
&YAMD.1995
    SECTION 1. (a) The following definitions apply throughout this act:
        (1) "Personal services" includes payments for salaries and wages to officers and employees of the state (either regular or temporary), payments for compensation awards, special payments for expert service, and the employer's share of Social Security, health insurance, life insurance and retirement fund contributions.
        (2) "Other operating expense" includes payments for "services other than personal", "services by contract", "supplies, materials, and parts", "grants, subsidies, refunds, and awards", "in-state travel", "out-of-state travel", and "equipment", unless equipment is included as a separate line item.
        (3) "Equipment" includes payments for machinery,

implements, tools, furniture, furnishings, vehicles, and other articles that have a calculable period of service for more than twelve (12) calendar months.
        (4) "Total operating expense" includes payments for both "personal services" and "other operating expense".
        (5) "Pension fund contributions" means the state of Indiana's contribution to a specific retirement fund.
        (6) "Deficiency appropriation" or "special claim" means an appropriation available during the 1994-95 fiscal year.
        (7) "Fee replacement" includes repayment on indebtedness resulting from financing the cost of planning, purchasing, rehabilitation, construction, repair, leasing, lease-purchasing, or otherwise acquiring land, buildings, facilities, and equipment to be used for academic and instructional purposes.
        (8) "Year 1995-96" means the fiscal year beginning July 1, 1995, and ending June 30, 1996.
        (9) "Year 1996-97" means the fiscal year beginning July 1, 1996, and ending June 30, 1997.
        (10) "Biennium" means the period beginning July 1, 1995, and ending June 30, 1997.
        (11) "State agency" means:
            (A) each office, officer, board, commission, department, division, bureau, committee, fund, agency, authority, council, or other instrumentality of the state;
            (B) each hospital, penal institution, and other institutional enterprise of the state;
            (C) the judicial department of the state; and
            (D) the legislative department of the state.
        However, this term does not include cities, towns, townships, school cities, school townships, school districts, other municipal corporations or political subdivisions of the state, or universities and colleges supported in whole or in part by state funds.
    (b) The state board of finance may authorize advances to boards or persons having control of the funds of any institution or department of the state of a sum of money out of any appropriation available at such time for the purpose of establishing working capital to provide for payment of expenses in the case of emergency when immediate payment is necessary or expedient. Advance payments shall be made by warrant by the auditor of state, and properly itemized and receipted bills or invoices shall be filed by the board or persons receiving the advance payments.
    (c) All money appropriated by this act shall be considered either a direct appropriation or an appropriation from a rotary or revolving fund.
        (1) Direct appropriations are subject to withdrawal from the state treasury and for expenditure for such purposes, at such time, and in such manner as may be prescribed by law. Direct appropriations are not subject to return and rewithdrawal from the state treasury, except for the correction of an error which

may have occurred in any transaction or for reimbursement of expenditures which have occurred in the same fiscal year.
(2) A rotary or revolving fund is any designated part of a fund which is set apart as working capital in a manner prescribed by law and devoted to a specific purpose or purposes. The fund consists of earnings and income only from certain sources or a combination thereof. However derived, the money in the fund shall be used for the purpose designated by law as working capital. The whole or any part of the money withdrawn from the fund may be repaid at any time. The fund at any time consists of the original appropriation thereto, if any, all receipts accrued to the fund, and all money withdrawn from the fund and invested or to be invested. The fund shall be kept intact by separate entries in the auditor of state's office, and no part thereof shall be used for any purpose other than the lawful purpose of the fund or revert to any other fund at any time. However, any unencumbered excess above any prescribed amount shall be transferred to the general fund at the close of each fiscal year unless otherwise specified in the Indiana Code.

&DNM.1995-340-2
&YENC.1995
&YAMD.1995
SECTION 2. For the conduct of state government, its offices, funds, boards, commissions, departments, societies, associations, services, agencies, and undertakings, and for other appropriations not otherwise provided by statute, the following sums in SECTIONS 3 through 9 are appropriated for the periods of time designated, from the general fund of the state of Indiana or other specifically designated funds.

&DNM.1995-340-3
&YENC.1995
&YAMD.1995
    SECTION 3. GENERAL GOVERNMENT
    Year     Year
    1995-96     1996-97

GENERAL GOVERNMENT

A. LEGISLATIVE
FOR THE GENERAL
ASSEMBLY .
    LEGISLATORS'
    SALARIES-HOUSE
        Total Operating
            Expense    1,948,476

1,948,476

    HOUSE EXPENSES
        Total Operating
            Expense    7,076,246

8,134,052

LEGISLATORS'

    SALARIES-SENATE
        Total Operating
            Expense    974,238

974,238

    SENATE EXPENSES
        Total Operating
            Expense    4,906,639

5,658,510

    Included in the above appropriations for house and senate expenses are funds for a legislative business per diem allowance. Except as provided below, this allowance is to be paid to each member of the general assembly for every day including Sundays, during which the general assembly is convened in regular or special session, commencing with the day the session is officially convened, and concluding with the day the session is adjourned sine die. However, after five (5) consecutive days of recess, the legislative business per diem allowance is to be made on an individual voucher basis until the recess concludes.
    Members of the general assembly are entitled, when authorized by the speaker of the house or the president pro tempore of the senate, to the legislative business per diem allowance for each and every day engaged in official business.
    The legislative business per diem allowance that each member of the general assembly is entitled to receive equals the maximum daily amount allowable to employees of the executive branch of the federal government for subsistence expenses while away from home in travel status in the Indianapolis area. The legislative business per diem changes each time there is a change in that maximum daily amount.
    In addition to the legislative business per diem allowance, each member of the general assembly shall receive the same mileage allowance as state employees for each mile necessarily traveled from the member's usual place of residence to the state capitol. However, if the member traveled by a means other than by motor vehicle, and the member's usual place of residence is more than one hundred (100) miles from the state capitol, the member is entitled to reimbursement in an amount equal to the lowest air travel cost incurred in traveling from the usual place of residence to the state capitol. During the period the general assembly is convened in regular or special session, the mileage allowance shall be limited to one (1) trip each week per member.
    Any member of the general assembly who is appointed, either by the governor, speaker of the house, president or president pro tempore of the senate, house or senate minority floor leader, or Indiana legislative council to serve on any research, study, or survey committee or commission, or who attends any meetings authorized or convened under the auspices of the Indiana legislative council, including pre-session conferences and federal-state relations conferences, is entitled, when authorized by the legislative council, to receive the legislative business per diem allowance for each day in actual attendance at any meeting of such committee, commission, or conference. The member is also entitled to a mileage allowance, at the rate specified above, for each mile necessarily traveled from the

member's usual place of residence to the state capitol, or other in-state site of the committee, commission, or conference. The per diem allowance and the mileage allowance permitted under this paragraph shall be paid from the legislative council appropriation for legislator and lay member travel unless otherwise provided for by a specific appropriation. Any member of the general assembly attending an out-of-state meeting, as authorized by the speaker of the house of representatives or the president pro tempore of the senate, is entitled to receive:
        (1) the legislative business per diem allowance for each day the member is engaged in approved out-of-state travel; and
        (2) reimbursement for traveling expenses actually incurred in connection with the member's duties, as provided in the state travel policies and procedures established by the legislative council.
    Notwithstanding the provisions of this or any other statute, the legislative council may adopt, by resolution, travel policies and procedures that apply only to members of the general assembly or to the staffs of the house of representatives, senate, and legislative services agency, or both members and staffs. The legislative council may apply these travel policies and procedures to lay members serving on research, study, or survey committees or commissions that are under the jurisdiction of the legislative council. Notwithstanding any other law, rule, or policy, the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency do not apply to members of the general assembly, to the staffs of the house of representatives, senate, or legislative services agency, or to lay members serving on research, study, or survey committees or commissions under the jurisdiction of the legislative council (if the legislative council applies its travel policies and procedures to lay members under the authority of this SECTION), except that until the legislative council adopts travel policies and procedures the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency apply to members of the general assembly, to the staffs of the house of representatives, senate, and legislative services agency, and to lay members serving on research, study, or survey committees or commissions under the jurisdiction of the legislative council. The executive director of the legislative services agency is responsible for the administration of travel policies and procedures adopted by the legislative council. The auditor of state shall approve and process claims for reimbursement of travel related expenses under this paragraph based upon the written affirmation of the speaker of the house of representatives, the president pro tempore of the senate, or the executive director of the legislative services agency that those claims comply with the travel policies and procedures adopted by the legislative council. If the funds appropriated for the house and senate expenses and legislative salaries are insufficient to pay all the necessary expenses incurred, including the cost of printing the journals of the house and senate,

there are hereby appropriated such further sums as may be necessary to pay such expenses.
    LEGISLATORS'
        SUBSISTENCE
            House Other
                Operating
                    Expense    1,471,295

1,425,373

            Senate Other
                Operating
                    Expense    567,621

468,304

($1,000); minority floor leader, five thousand five hundred dollars ($5,500); minority caucus chairman, four thousand five hundred dollars ($4,500); ways and means committee ranking minority member, three thousand five hundred dollars ($3,500); minority whip, one thousand five hundred dollars ($1,500); and minority assistant floor leader, three thousand five hundred dollars ($3,500).
    If the funds appropriated for legislators' subsistence are insufficient to pay all the subsistence incurred, there are hereby appropriated such further sums as may be necessary to pay such subsistence.
FOR THE PUBLIC
EMPLOYEES' RETIREMENT
FUND
    LEGISLATORS'
        RETIREMENT FUND
            Total Operating
                Expense    198,898

198,898

FOR THE LEGISLATIVE
COUNCIL AND THE
LEGISLATIVE
SERVICES AGENCY
Total Operating
Expense 4,245,316

4,411,692

    LEGISLATOR AND
        LAY MEMBER TRAVEL
            Total Operating
                Expense    455,910

455,910

If the funds above appropriated for the legislative council and the legislative services agency and legislator and lay member travel are insufficient to pay all the necessary expenses incurred, there are hereby appropriated such further sums as may be necessary to pay those expenses.
Any person other than a member of the general assembly who is appointed by the governor, speaker of the house, president or president pro tempore of the senate, house or senate minority floor leader, or legislative council to serve on any research, study, or survey committee or commission is entitled, when authorized by the legislative council, to a per diem in lieu of subsistence of fifty dollars ($50) per day during the 1995-97 biennium. In addition to the per diem, such a person is entitled to mileage reimbursement, at the rate specified for members of the general assembly, for each mile necessarily traveled from the person's usual place of residence to the state capitol or other in-state site of the committee, commission, or conference. However, reimbursement for any out-of-state travel expenses claimed by lay members serving on research, study, or survey committees or commissions under the jurisdiction of the legislative council shall be based on SECTION 13 of this act, until the legislative council applies those travel policies and procedures that govern legislators and their staffs to such lay members as authorized elsewhere in this SECTION. The allowance and reimbursement permitted in this paragraph shall be paid from the

legislative council appropriations for legislative and lay member travel unless otherwise provided for by a specific appropriation.
FOR THE LEGISLATIVE
COUNCIL
    CONTINGENCY FUND
        Total Operating
            Expense for
            the Biennium    200,000
    Disbursements from the fund may be made only for purposes approved by the chairman and vice chairman of the legislative council.
    DISTRIBUTION OF
        PRINTED JOURNALS,
        BILLS, RESOLUTIONS,
        AND ENROLLED
        DOCUMENTS
            Total Operating
                Expense    1,282,962

996,393

    If the above appropriation for distribution of printed journals, bills, resolutions, and enrolled documents is insufficient, there are hereby appropriated such sums as may be necessary to pay for distribution of printed journals, bills, resolutions, and enrolled documents.
    PRINTING AND
        DISTRIBUTING
        THE ACTS
            Total Operating
                Expense    69,290

73,865

    The above funds are appropriated for printing and distributing the acts of the first and second regular sessions of the 109th general assembly. Upon completion of the distribution as provided by IC 2-6-1.5, additional copies may be sold at a price or prices determined by the legislative council from time to time. If the funds above appropriated for printing and distributing the acts are insufficient to pay all of the necessary expenses incurred, then there are hereby appropriated such further sums as may be necessary to pay such expenses.
    PUBLICATION
        OF THE INDIANA
        CODE
            Total Operating
                Expense    138,580

147,720

The above funds are for recompilation of and printing supplements to the Indiana Code for fiscal years 1995-96 and 1996-97. Upon completion of the distribution as provided in IC 2-6-1.5, remaining copies may be sold at a price or prices determined by the legislative council from time to time. If the above appropriations for publication of the Indiana Code are insufficient to pay all of the necessary expenses incurred, there are hereby appropriated such further sums as may be necessary to pay such expenses.
NATIONAL CONFERENCE OF

        STATE LEGISLATURES HOST COMMITTEE
            Total Operating
                Expense
                For the Biennium    100,000
    COUNCIL OF STATE
        GOVERNMENTS
            Annual Dues
                Other Operating
                    Expense    102,900

108,100

    NATIONAL CONFERENCE
        OF STATE
        LEGISLATURES
            Annual Dues
                Other Operating
                    Expense    114,274

117,982

    PUBLICATION OF THE
        INDIANA ADMINISTRATIVE
        CODE
            Total Operating
                Expense    319,850

340,950

    PRINTING AND
        DISTRIBUTING THE
        INDIANA REGISTER
            Total Operating
                Expense    120,000

120,000

FOR THE INDIANA LOBBY
REGISTRATION COMMISSION
Total Operating
Expense 109,888

109,888

B. JUDICIAL
FOR THE SUPREME
COURT
Personal
Services 3,108,494

3,108,494

Other Operating
Expense 860,834

795,800

    The above appropriation for the supreme court other operating expense includes the subsistence allowance as provided by IC 33-13-12.
FOR THE COURT
OF APPEALS
        Personal
            Services    5,425,074

5,525,508

Other Operating
Expense 784,300

784,300

The above appropriations for the court of appeals other operating expense include the subsistence allowance provided by IC 33-13-12.
FOR THE CLERK
OF THE SUPREME
AND APPEALS

COURTS
Personal
Services 626,088

626,088

Other Operating
Expense 213,122

138,122

FOR THE TAX COURT
Personal
Services 337,604

337,604

Other Operating
Expense 101,078

107,378

FOR THE JUDICIAL
CENTER
Personal
Services 537,921

537,921

Other Operating
Expense 399,269

425,719

    The above appropriations for the judicial center include the appropriations for the judicial conference.
FOR THE PUBLIC
DEFENDER
        Personal
            Services    3,836,286

3,947,145

Other Operating
Expense 1,264,151

1,273,737

FOR THE PUBLIC
DEFENDER COUNCIL
Personal
Services 573,464

573,464

Other Operating
Expense 197,217

190,310

FOR THE
PROSECUTING
ATTORNEYS'
COUNCIL
Personal
Services 386,691

386,691

Other Operating
Expense 160,166

160,166

    DRUG PROSECUTION
        Total Operating
            Expense    100,740

100,740

    The above appropriations for drug prosecution are hereby appropriated from revenues accruing to the drug prosecution fund as provided in IC 33-14-8-5. With the approval of the governor and the budget agency, said sums may be augmented from revenues accruing to said fund.
FOR THE
SUPREME COURT
        SPECIAL JUDGES
        . COUNTY COURTS

Personal
Services 50,000

50,000

Other Operating
Expense 185,272

185,272

    If the funds above appropriated for special judges of county courts are insufficient to pay all of the necessary expenses which the state is required to pay under IC 34-1-13-4, there are hereby appropriated such further sums as may be necessary to pay such expenses.
FOR THE
DIVISION OF
STATE COURT
ADMINISTRATION
        GUARDIAN AD
        LITEM
            Total Operating
                Expense for
                the Biennium    800,000
    The division of state court administration shall use the foregoing appropriation to administer an office of guardian ad litem and court appointed special advocate services and to provide matching funds to counties that are required to implement, in courts with juvenile jurisdiction, a guardian ad litem and court appointed special advocate program for children who are alleged to be victims of child abuse or neglect under IC 31-6-11 and to administer the program. However, the court may not use more than sixty-five thousand dollars ($65,000) per state fiscal year for administration of the program. A county may use these matching funds to supplement amounts collected as fees under IC 31-6-4-18(h) and used for the operation of guardian ad litem and court appointed special advocate programs. The county fiscal body shall appropriate adequate funds for the county to be eligible for these matching funds.
    PUBLIC
        DEFENDER
        COMMISSION
            Total Operating
                Expense    900,000

900,000

    The above appropriations for the public defender commission created by IC 33-9-13 are from the public defense fund created by IC 33-9-14 and are for the purpose of reimbursing counties for indigent defense services provided to a defendant. The division of state court administration of the supreme court of Indiana shall provide staff support to the commission and shall administer the fund. The administrative costs may come from the fund.
    LOCAL JUDGES'
        SALARIES
            Personal
                Services    31,702,306

31,758,471

Other Operating
Expense 21,500

19,500

COUNTY

        PROSECUTORS'
        SALARIES
            Personal
                Services    15,003,821

15,003,821

Other Operating
Expense 9,250

9,250

    The above appropriations for county prosecutors' salaries represent the amounts authorized by IC 33-14-7-5 and that are to be paid from the state general fund.
    In addition to the appropriations for local judges' salaries and for county prosecutors' salaries, there are hereby appropriated for personal services the amounts that the state is required to pay for salary changes or for additional courts created by the 109th general assembly.
FOR THE
PUBLIC EMPLOYEES'
RETIREMENT FUND
    JUDGES'
        RETIREMENT FUND
            Other Operating
                Expense    7,432,854

7,743,932

    PROSECUTORS'
        RETIREMENT FUND
            Other Operating
                Expense    173,893

173,893

C. EXECUTIVE
FOR THE GOVERNOR'S
OFFICE
Personal
Services 1,784,270

1,784,270

Other Operating
Expense 310,360

310,360

    GOVERNOR'S
        RESIDENCE
            Total Operating
                Expense    148,597

148,597

    CONTINGENCY FUND
        Total Operating
            Expense for
                the Biennium    185,270
    Direct disbursements from the above contingency fund are not subject to the provisions of IC 4-13.4.
    MISCELLANEOUS
        EXPENSES
            Total Operating
                Expense    11,117

11,117

    EXECUTIVE
        INTERNATIONAL
        DEVELOPMENT
        CONTINGENCY FUND

            Total Operating
                Expense for
                the Biennium    185,270
    GOVERNOR'S
        FELLOWSHIP
        PROGRAM
            Total Operating
                Expense    273,755

273,755

FOR THE
WASHINGTON
LIAISON OFFICE
Personal
Services 99,054

99,054

Other Operating
Expense 96,550

96,550

FOR THE
GOVERNOR'S
VOLUNTARY
ACTION
COMMISSION
Personal
Services 79,296

79,296

Other Operating
Expense 24,702

24,702

FOR THE
AUDITOR OF STATE
    GOVERNORS'
        AND GOVERNORS'
        SURVIVING
        SPOUSES'
        PENSIONS
            Other Operating
                Expense    112,494

130,256

    The above appropriations for governors' and governors' surviving spouses' pensions are made pursuant to IC 4-3-3.
FOR THE STATE
ETHICS COMMISSION
        Personal
            Services    193,243

193,243

Other Operating
Expense 44,693

44,693

FOR THE LIEUTENANT
GOVERNOR
Personal
Services 675,310

675,310

Other Operating
Expense 44,035

44,035

    CONTINGENCY FUND
        Total Operating
            Expense    20,000

20,000

    Direct disbursements from the above contingency fund are not subject to the provisions of IC 4-13.4.
FOR THE SECRETARY
OF STATE .
    CORPORATIONS
        AND
        ADMINISTRATION
            Personal
                Services    857,235

857,235

Other Operating
Expense 258,190

258,190

    UNIFORM
        COMMERCIAL CODE
            Personal
                Services    180,738

180,738

Other Operating
Expense 2,900

2,900

    SECURITIES
        DIVISION
            Personal
                Services    568,352     568,352
            Other Operating
                Expense    20,010

20,010

FOR THE ATTORNEY
GENERAL .
    ATTORNEY GENERAL
        Personal
            Services    8,615,899     8,615,899
        Other Operating
            Expense    629,100

629,100

    MEDICAID FRAUD
        UNIT
            Total Operating
                Expense    262,798

262,798

    The above appropriations to the Medicaid fraud unit are the state's matching share of the state Medicaid fraud control unit pursuant to IC 4-6-10 as prescribed by 42 U.S.C. 1396b(q). With the approval of the governor and the budget agency, the above appropriation for the Medicaid fraud unit may be augmented for the purpose of offsetting costs of the unit from revenues collected by the state from court settlements or judgments in Medicaid fraud cases.
    UNCLAIMED PROPERTY
        Personal
            Services    507,378

507,378

Other Operating
Expense 146,500

146,500

The above funds appropriated to the unclaimed property division are to be paid from the abandoned property fund created by IC 32-9-1-24, and shall be used to cover administrative expenses incurred in carrying out the provisions of that chapter. With the

approval of the governor and the budget agency, said sums may be augmented from revenues accruing to said fund.
D. FINANCIAL
    MANAGEMENT
FOR THE AUDITOR
OF STATE
        Personal
            Services    1,797,876     1,797,876
        Other Operating
            Expense    157,073

157,073

    MANAGEMENT
        INFORMATION
        DIVISION
            Personal
                Services    1,441,565     1,441,565
            Other Operating
                Expense    1,089,543

1,089,543

FOR THE STATE BOARD
OF ACCOUNTS
        Personal
            Services    12,347,317     12,347,317
        Other Operating
            Expense    1,276,240

1,276,240

    GOVERNOR ELECT
        Total Operating
            Expense

40,000

FOR THE STATE
BUDGET COMMITTEE
Total Operating
Expense 37,033

37,033

    Notwithstanding IC 4-12-1-11(b), the salary per diem of the legislative members of the state budget committee is an amount equal to one hundred fifty percent (150%) of the legislative business per diem allowance. If the above appropriations are insufficient to carry out the necessary operations of the state budget committee, there are hereby appropriated such further sums as may be necessary.
FOR THE STATE
BUDGET AGENCY
        Personal
            Services    1,907,102

1,907,102

Other Operating
Expense 300,240

300,240

    PERSONAL
        SERVICES/FRINGE
        BENEFITS
        CONTINGENCY FUND
            Total Operating
                Expense for
                the Biennium    50,000,000
    The foregoing personal services/fringe benefits contingency fund

appropriation is subject to allotment to departments, institutions, and all state agencies by the budget agency with the approval of the governor. In determining how money from the personal services/fringe benefits contingency fund is to be distributed, the state budget director, after consultation with the state personnel director, shall consider, among other factors, projected increases in health care costs, employees' current wage levels, the type of work performed, prior wage increases, and the relationship of employer's wage levels to the general workforce.
    PROFESSIONAL AND TECHNICAL
        EQUITY FUND
            Total Operating
                Expense for
                the Biennium    20,000,000
    The budget agency shall review all general fund appropriations and reduce general fund expenditures by forty million dollars ($40,000,000) for the biennium, of which twenty million dollars ($20,000,000) shall come from permanent reductions in the staffing tables. A portion of these savings shall be used to fund the professional and technical equity fund and the balance shall come from other state funds.
    The budget director shall, not later than January 1, 1996, identify to the state budget committee, positions that will be deleted.
    The budget agency, with the approval of the governor and after consultation with the state personnel director, shall implement a recruitment and retention plan for professional, technical, and law enforcement class titles that have been difficult to recruit and retain. An approved plan shall be implemented not later than January 1, 1996. Funding for the plan must come from deleted positions as described above.
    The professional and technical equity fund is in addition to any general state employee personal service amount increase or the personal services-fringe benefits contingency fund appropriations to the budget agency.
    DEPARTMENTAL AND
        INSTITUTIONAL
        EMERGENCY
        CONTINGENCY FUND
            Total Operating
                Expense for
                the Biennium    10,000,000
    The foregoing departmental and institutional emergency contingency fund appropriation is subject to allotment to departments, institutions, and all state agencies by the budget agency with the approval of the governor. These allocations may be made upon written request of proper officials, showing that contingencies exist that require additional funds for meeting necessary total operating expenses. The state budget committee shall be advised of each transfer request and allotment. With the approval of the governor and budget agency, the expenses of conducting an audit of

a state agency for the following purposes may be paid from the departmental and institutional emergency contingency fund:
        (1) To determine whether the state agency is managing and utilizing its resources (including personnel, property, and office space) economically and efficiently.
        (2) To determine whether there are any inefficiencies or uneconomical practices in the state agency's operations, and, if so, their causes.
        (3) To determine whether the state agency has complied with laws and rules concerning matters of economy and efficiency.
FOR THE TREASURER
OF STATE
        Personal
            Services    668,763     668,763
        Other Operating
            Expense    42,950

42,950

FOR THE PUBLIC
EMPLOYEES'
RETIREMENT
FUND .
    ADMINISTRATION
        Personal
            Services    2,009,251

2,009,251

Other Operating
Expense 1,809,240

1,809,240

    The above appropriations to the public employees' retirement fund for administrative expenses shall be paid from investment earnings in accordance with the provisions of IC 5-10.2-2-12. With the approval of the governor and the budget agency, said sums may be augmented from said earnings.
E. TAX
    ADMINISTRATION
FOR THE DEPARTMENT
OF REVENUE .
    COLLECTION
        AND
        ADMINISTRATION
            Personal
                Services    28,829,519     28,829,519
            Other Operating
                Expense    13,000,640     12,992,948
    With approval of the governor and the budget agency, the department shall annually reimburse the state general fund for expenses incurred in support of the collection of dedicated fund revenue according to the department's cost allocation plan.
    With the approval of the governor and the budget agency, the foregoing sums for the department of revenue may be augmented to an amount not exceeding in total, together with the above specific amounts, one and one-tenth percent (1.1%) of the amount of money collected by the department of revenue from taxes and fees.

    OUTSIDE
        COLLECTIONS
            Total Operating
                Expense    2,200,000

2,200,000

    With the approval of the governor and the budget agency, the foregoing sums for the department of revenue's outside collections may be augmented to an amount not exceeding in total, together with the above specific amounts, one and one-tenth percent (1.1%) of the amount of money collected by the department from taxes and fees.
    MOTOR FUEL
        TAX DIVISION
            Personal
                Services    3,333,729     3,333,729
            Other Operating
                Expense    811,240

811,240

    Of the foregoing appropriations for the motor fuel tax division for fiscal year 1995-96, one million, two hundred seventy-four thousand, four hundred fifty-two dollars ($1,274,452) is appropriated from the motor carrier regulation fund created by IC 8-2.1-23 and two million, eight hundred seventy thousand, five hundred seventeen dollars ($2,870,517) is appropriated from the motor vehicle highway fund. For fiscal year 1996-97, one million, two hundred seventy-four thousand, four hundred fifty-two dollars ($1,274,452) is appropriated from the motor carrier regulation fund and two million, eight hundred seventy thousand, five hundred seventeen dollars ($2,870,517) is appropriated from the motor vehicle highway fund. In addition to the foregoing appropriations, there is hereby appropriated to the department of revenue motor fuel tax division an amount sufficient to pay claims for refunds on license-fee-exempt motor vehicle fuel as provided by law. The sums above appropriated from the motor vehicle highway fund for the operation of the motor fuel tax division, together with all refunds for license-fee-exempt motor vehicle fuel, shall be paid from the receipts of those license fees before they are distributed as provided by IC 6-6-1.1. With the approval of the governor and the budget agency, said sums may be augmented from revenues accruing to the motor vehicle highway fund.
    MOTOR CARRIER
        REGULATIONS
            Personal
                Services    335,594

335,594

Other Operating
Expense 161,572

161,572

The above appropriations for the department of revenue motor carrier regulation are hereby appropriated from the motor carrier regulation fund created by IC 8-2.1-23. With the approval of the governor and the budget agency, said sums may be augmented from revenues accruing to the motor carrier regulation fund.
FOR THE INDIANA
HORSE RACING

COMMISSION
Personal
Services 1,833,533

1,826,033

Other Operating
Expense 1,691,326

1,413,941

    The foregoing appropriations to the Indiana horse racing commission are made from revenues accruing to the Indiana horse racing commission before any distribution is made under IC 4-31-9. The appropriations are made pursuant to the provisions of IC 4-31 and from revenues accruing to the Indiana horse racing commission operating fund established by IC 4-31-10. With the approval of the governor and the budget agency, the above appropriations for the Indiana horse racing commission may be augmented from the state general fund with or in anticipation of revenue generated from horse racing in Indiana.
FOR THE INDIANA
GAMING COMMISSION
        Personal
            Services    910,239

910,239

Other Operating
Expense 4,544,698

4,098,031

    The foregoing appropriations to the Indiana gaming commission are made from revenues accruing to the state gaming account of the state general fund under IC 4-33-13-3 before any distribution is made under IC 4-33-13-5. With the approval of governor and the budget agency, the above appropriations for the Indiana gaming commission may be augmented from the state general fund.
    The foregoing appropriations to the Indiana gaming commission are made in lieu of the appropriation made in IC 4-33-13-4. The commission may employ or contract for inspectors and agents required under IC 4-33-4-3.5. The licensed owners shall, in the manner prescribed by the rules of the commission, reimburse the commission for the salaries and other expenses of the inspectors and agents who are required to be present during the time gambling operations are conducted on a riverboat.
FOR THE BOARD
OF TAX
COMMISSIONERS
        Personal
            Services    3,977,214

3,977,214

        Other Operating
            Expense    1,361,526     1,361,526
    From the above appropriations for the board of tax commissioners, travel subsistence and mileage allowances may be paid for members of the local government tax control board created by IC 6-1.1-18.5 and the state school property tax control board created by IC 6-1.1-19, pursuant to state travel regulations.
    The state board of tax commissioners shall contract for an analysis of the variations in assessment throughout Indiana. The state board of tax commissioners shall issue reports on the progress of the

assessment analysis to the state budget committee annually. Of the above appropriations for the state board of tax commissioners, four hundred thousand dollars ($400,000) of each state fiscal year must be used to upgrade the state board of tax commissioners professional capability for policy development and analysis, to augment the training of local assessing officials, to improve rulemaking procedures, and to implement a plan to reduce the backlog of real property tax appeals.
F. ADMINISTRATION
FOR THE DEPARTMENT
OF ADMINISTRATION .
    PUBLIC WORKS
        DIVISION
            Personal
                Services    1,745,107     1,745,107
            Other Operating
                Expense    164,842

164,842

    COMMISSIONER'S OFFICE
        Personal
            Services    1,114,031

1,114,031

Other Operating
Expense 96,490

96,490

    PROCUREMENT
        DIVISION
            Personal
                Services    1,393,682     1,393,682
            Other Operating
                Expense    295,703

295,703

    OPERATIONS
        DIVISION
            Personal
                Services    6,938,708

6,938,708

Other Operating
Expense 6,377,147

6,877,147

    WASHINGTON
        STREET
        PARKING
        GARAGE LEASE
        RENTAL
            Total Operating
                Expense    4,157,594