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&DNM.1997-2-97
&YENC.1997
&YAMD.1997
SECTION 97. (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 intended 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repealed and replaced in the same or a different form in this act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.1997-3-472
&YENC.
&YAMD.
SECTION 472. SECTION 76. (a) As used in this SECTION,
"commission" refers to the Indiana election commission
established by IC 3-6-4.1-1.
(b) As used in this SECTION, "election division" refers to the
election division of the secretary of state's office established by
IC 3-6-4.1-1.
(c) An individual who, on December 31, 1996, serves as a
co-director or an employee of the commission, serves as a
co-director or an employee of the election division after December
31, 1996, with all the rights, duties, and conditions of employment
the individual had as a co-director or an employee of the
commission before January 1, 1997.
&DNM.1997-3-480
&YENC.1997
&YAMD.1997
SECTION 480. (a) Indiana accepts the invitation of the Bureau
of the Census to participate in Phase II of the Block Boundary
Suggestion Project.
(b) This SECTION expires December 31, 2000.
&DNM.1997-3-483
&YENC.1997
&YAMD.1997
SECTION 483. (a) Except as provided in subsection (b), the
boundaries of a precinct as set forth on July 1, 1997, in the
geographic information system maintained by the election division
are the boundaries of that precinct until the boundaries of the
precinct are changed in accordance with IC 3-11-1.5.
(b) This subsection applies to a precinct with a boundary that:
(1) crosses a congressional district line, a state senate district
line, or a state house of representatives district line; and
(2) has not been approved before July 1, 1997, by the Indiana
election commission or its predecessor, the state election
board.
Not later than November 30, 1997, the election division shall
indicate on the geographic information system maintained by the
division that the boundary of the precinct follows any
congressional district line, state senate district line, or state house
of representatives district line that currently crosses the precinct
boundary line. The election division shall certify the alteration in
the precinct boundary line to the commission and to the county
executive and county voter registration office of the county in
which the precinct is located.
(c) Not later than December 31, 1997, the county voter
registration office receiving a certification under subsection (b)
shall alter the records of the office to reflect the precinct boundary
established under subsection (b).
(d) This SECTION expires January 1, 2002.
&DNM.1997-6-86
&YENC.
&YAMD.
(Repealed by P.L.273-1999, SEC.152.)
&DNM.1997-6-240
&YENC.1997
&YAMD.1997
SECTION 240.(a) IC 6-1.1-1-3, as amended by this act, and all
changes in tax rates, deductions, and limits on indebtedness made
by this act apply only to budget years and property taxes first due
and payable after December 31, 2001.
tax value to one hundred percent (100%) of true tax value.
(j) The state board of tax commissioners shall, if necessary to
protect owners of bonds payable in whole or in part from tax
increment, adjust the base assessed value to neutralize the effect of
changing assessed values under this act from thirty-three and
thirty-three hundredths percent (33.33%) of true tax value to one
hundred percent (100%) of true tax value under the following
statutes:
(1) IC 6-1.1-39;
(2) IC 8-22-3.5;
(3) IC 36-7-14;
(4) IC 36-7-14.5;
(5) IC 36-7-15.1; and
(6) IC 36-7-30.
&DNM.1997-6-242
&YENC.1997
&YAMD.1997
SECTION 242. (a) The definitions in IC 6-1.1-1 apply
throughout this SECTION.
(b) The state board of tax commissioners or a local assessing
official may delay any duty imposed by statute that is related to the
general reassessment that was scheduled to begin July 1, 1997, but
is canceled by subsection (c). An action taken by the state board of
tax commissioners or an assessing official to cancel or otherwise
delay any of the duties imposed for the implementation of a
general reassessment of real property to commence on July 1,
1997, is legalized and validated.
(c) The general reassessment to begin July 1, 1997, under
IC 6-1.1-4-4, as effective before the effective date of this
SECTION, is canceled. Any contract entered into under
IC 6-1.1-4-20, as effective before the effective date of this
SECTION, or another law for professional appraising services is
void. A property tax levy imposed under IC 6-1.1-4-27 for the
general reassessment canceled by this subsection is valid. Any
information collected or other analysis performed by an assessing
official or the state board of tax commissioners for the general
reassessment scheduled to begin on July 1, 1997, may be used, to
the extent that it does not conflict with this act, for the assessment
of real property after February 28, 1998. Money deposited in the
general reassessment fund of the county imposing a property tax
under IC 6-1.1-4-27, as effective before the effective date of this
SECTION, may be used by a political subdivision only for the
purposes described in IC 6-1.1-4-28 and to implement this act. The
state board of tax commissioners shall consider any funds
accumulated from the tax imposed under IC 6-1.1-4-27 in 1994,
1995, 1996, and 1997 in setting tax rates under IC 6-1.1-4-27 in
1998 and 1999.
&DNM.1997-6-244
&DNM.1997-6-246
&YENC.1997
&YAMD.1997
SECTION 246. Proceedings described in IC 6-1.1-30-11(c), as
added by this act, except proceedings described in IC 6-1.1-15-5,
that are pending before the state board of tax commissioners on
December 31, 1998, shall be conducted after December 31, 1998,
by a hearing officer in the division of appeals.
&DNM.1997-6-247
&YENC.1997
&YAMD.1997
SECTION 247. Notwithstanding IC 6-1.1-31-9(a), the state
board of tax commissions may adopt rules for the appraisal of real
property in a general reassessment to commence in 1999 after July
1, 1998, and before January 1, 1999. IC 6-1.1-31-9(b) applies to
this SECTION.
&DNM.1997-10-39
&YENC.
&YAMD.
(Repealed by P.L.253-1997(ss), SEC.43.)
&DNM.1997-10-40
&YENC.1997
&YAMD.1997
SECTION 40. (a) This section applies only to a county having a
population of more than one hundred seven thousand (107,000) but
less than one hundred eight thousand (108,000).
(b) The following are hereby legalized and validated:
(1) Any action taken by a county council in adopting the
county economic development income tax, if the action would
have been valid under IC 6-3.5-1.1-3.1, as amended by this
act.
(2) Any action of a county in adopting a capital improvement
plan under IC 6-3.5-7-15, following the adoption of the
county economic development income tax as permitted by
IC 6-3.5-1.1-3.1, as amended by this act.
(c) Notwithstanding IC 6-3.5-7-5, a county council that reduced
its county adjusted gross income tax rate in 1997 may adopt an
ordinance to impose the county economic development income tax
before May 31, 1997.
&DNM.1997-14-4
&YENC.1997
&DNM.1997-15-5
&YENC.1997
&YAMD.1997
SECTION 5. (a) There is appropriated from the state general
fund to the department of commerce the following amounts to
carry out the purposes of
IC 4-4-28
, as added by this act:
(1) Seven hundred twenty thousand dollars ($720,000)
beginning July 1, 1997, and ending June 30, 1998.
(2) One million four hundred forty thousand dollars
($1,440,000) beginning July 1, 1998, and ending June 30,
1999.
(3) Two million one hundred sixty thousand dollars
($2,160,000) beginning July 1, 1999, and ending June 30,
2000.
(4) Two million one hundred sixty thousand dollars
($2,160,000) beginning July 1, 2000, and ending June 30,
2001.
(b) This SECTION expires July 1, 2001.
&DNM.1997-19-8
&YENC.
&YAMD.
(Repealed by P.L.253-1997(ss), SEC.41.)
&DNM.1997-28-6
&YENC.
&YAMD.
(Repealed by P.L.260-1997(ss), SEC.95.)
&DNM.1997-28-14
&YENC.
&YAMD.
(Repealed by P.L.260-1997(ss), SEC.95.)
&DNM.1997-28-30
&YENC.1997
&DNM.1997-32-7
&YENC.1997
&YAMD.1997
SECTION 7. (a) As used in this SECTION, commission
refers to the Indiana advisory commission on intergovernmental
relations established under
IC 4-23-24.2-4.
(b) Notwithstanding
IC 4-23-24.2-7
, as amended by this act, the
term of an individual appointed under
IC 4-23-24.2-7
(a)(1) and
IC 4-23-24.2-7
(a)(2) after June 30, 1997, expires June 30, 2000.
(c) An individual described in subsection (b) may not continue
to serve on the commission if the individual ceases to hold the
legislative office the individual held when appointed to the
commission.
(d) This SECTION expires July 1, 2001.
&DNM.1997-32-8
&YENC.1997
&YAMD.1997
SECTION 8. (a) As used in this SECTION, commission
refers to the Indiana advisory commission on intergovernmental
relations established under
IC 4-23-24.2-4
.
(b) Notwithstanding
IC 4-23-24.2-8
, as amended by this act, the
term of an individual appointed:
(1) under
IC 4-23-24.2-8
(a)(1) and
IC 4-23-24.2-8
(a)(3) by
the president pro tempore of the senate; or
(2) under
IC 4-23-24.2-8
(a)(2) and
IC 4-23-24.2-8
(a)(5) by
the speaker of the house of representatives;
after June 30, 1997, expires June 30, 2000.
(c) An individual described in subsection (b) may not continue
to serve on the commission if the individual ceases to hold the
legislative office the individual held when appointed to the
commission.
(d) This SECTION expires June 30, 2001.
&DNM.1997-34-30
&YENC.1997
&YAMD.1997
SECTION 30. (a) A limited liability partnership organized in
1995 is not liable for failure to file an annual report in 1996.
(b) This SECTION expires July 1, 2002.
&DNM.1997-40-11
&YENC.1997
&DNM.1997-51-7
&YENC.1997
&YAMD.1997
SECTION 7. IC 6-1.1-2-4, IC 6-1.1-5-5, and IC 6-1.1-22-13,
all as amended by this act, apply only to assessment years
beginning after December 31, 1997.
&DNM.1997-54-10
&YENC.1997
&YAMD.1997
SECTION 10. IC 6-1.1-12-22, as amended by this act, applies
only to property taxes first due and payable after December 31,
1997.
&DNM.1997-54-11
&YENC.1997
&YAMD.1997
SECTION 11. (a) IC 6-3.1-16, as amended by this act, applies
only to taxable years beginning after December 31, 1996.
(b) For purposes of
IC 6-3.1-16
, for taxable years beginning
after December 31, 1993, "taxpayer" includes an S corporation, a
partnership, a limited liability company, a limited liability
partnership, a nonprofit organization, or a joint venture. A
taxpayer is allowed to file a claim for a credit under
IC 6-3.1-16
for taxable years beginning after December 31, 1993.
(c) Notwithstanding IC 6-3.1-16-8(7), as amended by this act, a
taxpayer:
(1) whose qualified expenditures for preservation or
rehabilitation of the historic property exceed five thousand
dollars ($5,000);
(2) whose project was approved by the division of historic
preservation and archeology before December 31, 1996; and
(3) who meets the conditions contained in subdivisions (1)
through (6) of IC 6-3.1-16-8, as amended by this act;
qualifies for a credit under IC 6-3.1-16-7.
&DNM.1997-61-3
&YENC.1997
&YAMD.1997
SECTION 3. The department of state revenue shall cancel and
shall no longer issue proposed assessments and assessments against
a person for state gross retail or use tax on transactions decribed in
IC 6-2.5-5-27.5, as added by this act, regardless of the tax periods
involved.
&DNM.1997-61-4
&YENC.1997
&YAMD.1997
SECTION 4.
IC 6-2.5-5-19.5
, as added by this act, applies to
transactions occurring after December 31, 1996.
&DNM.1997-62-6
&YENC.
&YAMD.
(Repealed by P.L.253-1997(ss), SEC.43.)
&DNM.1997-63-4
&YENC.1997
&YAMD.1997
SECTION 4. This act applies to taxable years that begin after
December 31, 1997.
&DNM.1997-109-4
&YENC.
&YAMD.
(Repealed by P.L.28-2004, SEC.184.)
&DNM.1997-112-6
&YENC.1997
&YAMD.1997
SECTION 6. (a) As used in this SECTION, "ICF/MR" means
an intermediate care facility for the mentally retarded.
(b) As used in this SECTION, "waiver" means a Section
1915(c) waiver under the federal Home and Community-Based
Services Program (42 U.S.C. 1396 et seq.).
(c) Before July 1, 1997, the office of Medicaid policy and
planning shall apply to the United States Department of Health and
Human Services for approval of a waiver to allow Indiana to
increase by at least two hundred twenty-five (225), before July 1,
1999, the total number of waiver slots for individuals who are
eligible for a waiver and who would otherwise require a level of
care in an ICF/MR. The services provided under this subsection
shall be funded within existing funds appropriated to the division
of disability, aging, and rehabilitative services.
(d) Before July 1, 1997, the division of disability, aging, and
rehabilitative services shall fund, within existing funds
appropriated to the division of disability, aging, and rehabilitative
services, the additional placement of one hundred fifty (150)
individuals who:
(1) are eligible for a waiver; and
(2) reside in an ICF/MR;
into existing ICF/MR waiver slots.
(e) The office of Medicaid policy and planning may not
increase under this SECTION the number of individuals under the
waiver until the office of Medicaid policy and planning files an
affidavit with the governor that attests that the approval applied for
under subsection (c) is in effect. The office of Medicaid policy and
planning shall file the affidavit under this subsection not later than
five (5) days after the office of Medicaid policy and planning is
notified of the approval.
(f) If the office of Medicaid policy and planning receives an
approval for an increase under this SECTION from the United
States Department of Health and Human Services and the governor
receives the affidavit filed under subsection (e), the office of
Medicaid policy and planning shall begin to increase the number of
waiver slots for individuals eligible for the waiver not more than
sixty (60) days after the governor receives the affidavit.
(g) This SECTION expires July 1, 2002.
&DNM.1997-113-3
&YENC.1997
&YAMD.1997
SECTION 3. An individual who:
(1) owns, as of January 1, 1998, a qualified long term care
policy as defined in
IC 12-10-9-8
, as amended by this act;
and
(2) has not exhausted the benefits of the qualified long term
care policy described in subdivision (1);
is entitled to receive an asset disregard as provided in
IC 12-10-9-8
, as amended by this act, as long as the long term
care program under
IC 12-10-9
remains in effect.
&DNM.1997-118-28
&YENC.1997
&YAMD.1997
SECTION 28. This act does not apply to an individual whose
death occurs before July 1, 1997.
&DNM.1997-119-6
&YENC.1997
&YAMD.1997
SECTION 6. (a) 405 IAC 2-3.1 is void.
(b) The publisher of the Indiana Administrative Code and
Indiana Register shall remove this rule from the Indiana
Administrative Code.
&DNM.1997-125-58
&YENC.1997
&YAMD.1997
SECTION 58. Notwithstanding
IC 26-3-7-16
, a person that is
operating a warehouse in Indiana, or doing business as a grain
buyer, or both, in Indiana on July 1, 1997, but does not have
sufficient net worth to meet the net worth requirements added by
this act, is not required to meet the increased net worth
requirements added by this act until July 1, 1999.
&DNM.1997-131-9
&YENC.1997
&YAMD.1997
SECTION 9. (a) IC 13-23-8-4(b)(3), as added by this act, does
not apply to a corrective action plan submitted to the department of
environmental management before June 1, 1997.
&DNM.1997-135-19
&YENC.1997
&YAMD.1997
SECTION 19. (a) Subject to subsection (b), and
notwithstanding IC 14-28-1-26.5, as added by this act, any
dwelling, including a mobile home, constructed before March 1,
1997, that has been damaged by boundary river floodwater may be
repaired, reconstructed, or replaced if the repair, reconstruction,
or replacement meets the guidelines of the federal regulations
described in IC 14-28-1-26.5(b), as added by this act, and subject
to the discretion of:
(1) the mayor, if the dwelling is located in a city;
(2) the president of the town council, if the dwelling is
located in a town; or
(3) the county board of commissioners, if the dwelling is not
located in a city or a town.
(b) This SECTION expires December 31, 2000.
&DNM.1997-138-3
&YENC.1997
&YAMD.1997
SECTION 3. IC 14-22-10-2, as amended by this act, applies to
causes of action that accrue after June 30, 1997.
&DNM.1997-141-6
&YENC.1997
&YAMD.1997
SECTION 6. (a) New members of the Kankakee River basin
commission may be appointed under IC 14-30-1-6, as amended by
this act, after June 30, 1997.
(b) An individual serving as a member of the Kankakee River
basin commission on June 30, 1997, remains a member of the
commission until a new member is appointed to the individual's
position under IC 14-30-1-6, as amended by this act.
(c) This SECTION expires July 1, 2001.
&DNM.1997-147-80
&YENC.1997
&YAMD.1997
SECTION 80. If an individual is enrolled in a master's or
doctoral level program accredited by the Council on Social Work
Education no later than July 1, 1997:
(1) the individual may complete the requirements for
certification as a clinical social worker under IC 25-23.6 as
those requirements existed on June 30, 1997; and
(2) the social worker, marriage and family therapist, and
mental health counselor board shall license the individual as a
clinical social worker.
&DNM.1997-150-6
&YENC.1997
&YAMD.1997
SECTION 6. IC 27-8-26, as added by this act, applies to all
applications and policies for accident and sickness insurance
delivered, issued for delivery, renewed, or executed after
December 31, 1997.
&DNM.1997-156-4
&YENC.1997
&YAMD.1997
SECTION 4. As used in this SECTION, "board" refers to the
professional standards board established by IC 20-1-1.4.
(b) From July 1, 1997, through August 31, 1999, the board
may not grant an initial standard license to an individual unless the
individual demonstrates proficiency in the following areas on a
written examination or through other procedures prescribed by the
board:
(1) Communications skills.
(2) General education.
(3) Professional education.
(4) Knowledge of the areas in which the individual is required
to have a license to teach.
(c) An individual's license examination score may not be
disclosed by the board without the individual's consent unless
specifically required by state or federal statute or court order.
(d) The board shall adopt rules under
IC 4-22-2
to allow an
individual who completes a teacher preparation program before
September 1, 1999, who is administered an examination described
in subsection (b) before September 1, 1999, and who does not
demonstrate the level of proficiency described in subsection (b)(1)
or (b)(2) to be eligible for employment as a teacher:
(1) on a renewable one (1) year limited license status; and
(2) subject to the individual undergoing an additional
examination in an area described in subsection (b)(1) or (b)(2)
in which the individual did not demonstrate proficiency.
(e) The board shall adopt rules under
IC 4-22-2
to do the
following:
(1) Adopt, validate, and implement the examination or other
procedures required by subsection (b).
(2) Establish examination scores indicating proficiency.
&DNM.1997-156-5
&YENC.1997
&YAMD.1997
SECTION 5. (a) As used in this SECTION, "board" refers to
the professional standards board established by IC 20-1-1.4.
(b) The board shall adopt rules under
IC 4-22-2
to allow an
individual who completes a teacher preparation program during
calendar year 1999, who is administered on or after September 1,
1999, an examination described in IC 20-6.1-3-10.1(a), as added
by this act, and who does not demonstrate the level of proficiency
described in IC 20-6.1-3-10.1(a)(1), as added by this act, to be
eligible for employment as a teacher:
(1) on a renewable one (1) year limited license status; and
(2) subject to the individual undergoing an additional
examination as described in IC 20-6.1-3-10.1(a)(1), as added
by this act.
(c) The board may not issue a license under this SECTION that
is valid after December 31, 2001.
(d) This SECTION expires July 1, 2002.
&DNM.1997-166-13
&YENC.1997
&YAMD.1997
SECTION 13. (a) Notwithstanding
IC 22-12-4.5-4
(a), as added
by this act, the initial terms of the members of the regulated
amusement device safety board are as follows:
(1) The term of a member appointed under
IC 22-12-4.5-3
(a)(2),
IC 22-12-4.5-3
(a)(3),
IC 22-12-4.5-3
(a)(4),
IC 22-12-4.5-3
(a)(5), and
IC 22-12-4.5-3
(a)(9)(B), all as added by this act, is two (2)
years.
(2) The term of a member appointed under
IC 22-12-4.5-3
(a)(6),
IC 22-12-4.5-3
(a)(7),
IC 22-12-4.5-3
(a)(8),
IC 22-12-4.5-3
(a)(9)(A), and
IC 22-12-4.5-3
(a)(9)(C), all as added by this act, is three (3)
years.
(b) This SECTION expires December 31, 2000.
&DNM.1997-168-2
&YENC.1997
&YAMD.1997
SECTION 2. The fire prevention and building safety
commission shall adopt rules under
IC 22-13-4-1.5
, as amended
by this act, before July 1, 1998. Before October 1, 1998, the
commission shall apply to the United States Department of Justice
for a certification of compliance with the Americans with
Disabilities Act (42 U.S.C. 12181 et seq.).
&DNM.1997-174-3
&YENC.1997
&YAMD.1997
SECTION 3. IC 24-5-0.5-2 and IC 24-5-0.5-3, both as
amended by this act, apply to local telephone directories published
after May 31, 1997.
&DNM.1997-177-14
&YENC.1997
&YAMD.1997
SECTION 14. 844 IAC 5-2-21 is void. The publisher of the
Indiana Administrative Code and Indiana Register shall remove
this section from the Indiana Administrative Code.
&DNM.1997-189-2
&YENC.1997
&YAMD.1997
SECTION 2. IC 27-8-5.6-2, as amended by this act, applies
only to a policy or contract of accident and sickness insurance that
is issued or renewed after June 30, 1997.
&DNM.1997-190-2
&YENC.1997
&YAMD.1997
SECTION 2. IC 27-8-14.5, as added by this act, applies to all
health insurance plans (as defined in IC 27-8-14.5-1, as added by
this act) issued or renewed after December 31, 1997.
&DNM1997-193-4
&YENC.1997
&YAMD.1997
SECTION 4. (a) The following administrative rules are void:
750 IAC 5-1-4; 750 IAC 5-3; 750 IAC 5-5; 750 IAC 5-6; and 750
IAC 5-7.
(b) The publisher of the Indiana Administrative Code and the
Indiana Register shall remove the void rules from the Indiana
Administrative Code.
&DNM.1997-208-2
&YENC.1997
&YAMD.1997
SECTION 2. This act applies to a cause of action that accrues
after June 30, 1997.
&DNM.1997-221-2
&YENC.1997
&YAMD.1997
SECTION 2. (a) Notwithstanding IC 8-1-2-103(a), upon
determination by a municipal council, after confirmation by an
appropriate public health agency, that an area within the
municipality served by private water wells suffers from a health
hazard due to the presence of a contaminant, as defined in
IC 13-11-2-42, the municipal council may:
(1) request the public utility providing water service within
the municipality, if any, to prepare estimates of the cost of
connections and main extensions which would remove the
health hazard;
(2) review the estimates described in subdivision (1); and
(3) enter a determination that the public utility providing
water service within the municipality, if any, extend its mains
and perform such connections consistent with the cost
estimates. However, a municipal council shall not enter a
determination described in this subdivision that would
increase any customer's monthly payment by more than one
percent (1%) without approval of the commission.
(b) Following the determination and completion of the main
extensions and connections as provided under subsection (a), the
public utility shall add the total capital cost of the main extensions
and connections to its rate base and recover a reasonable rate of
return on such capital costs. A reasonable rate of return under this
subsection is the most recent rate of return authorized by the
commission. The public utility shall file an amended rate schedule
with the commission, which shall be effective thirty (30) days after
filing.
(c) This SECTION expires June 30, 2001.
&DNM.1997-229-3
&YENC.1997
&YAMD.1997
SECTION 3. A contract, agreement, or arrangement executed
before the effective date of this act by a municipal utility (as
defined in IC 36-7-30-1), as amended by this act, with any entity
regarding services provided in the same manner as services
provided under IC 36-7-30-33, as added by this act, is legalized
and made valid and the contract, agreement, or arrangement is not
subject to challenge.
&DNM.1997-232-2
&YENC.1997
&YAMD.1997
SECTION 2. IC 36-8-8-10, as amended by this act, applies
only to members of the 1977 fund (as defined in IC 36-8-1-5) who
initially:
(1) become fifty-five (55) years of age; or
(2) retire;
after June 30, 1997.
&DNM.1997-242-1
&YENC.1994
&YAMD.1997
(a) The local government finance study commission (originally
established under P.L.32-1992, SECTION 8) is reestablished by
this act.
(b) The commission consists of eight (8) members who shall be
appointed by the persons authorized under P.L.32-1992,
SECTION 8, to make the original voting member appointments to
the commission. A voting member appointed under this subsection
serves at the pleasure of the appointing authority.
(c) The commission consists of twelve (12) advisers who shall
be appointed by the persons authorized under P.L.32-1992,
SECTION 8, to make the original adviser appointments to the
commission. An adviser appointed under this subsection serves at
the pleasure of the appointing authority.
(d) If a vacancy exists on the commission or among the
advisers, the vacancy shall be filled by the person who made the
original appointment under P.L.32-1992, SECTION 8.
(e) The chairman of the legislative council shall name the
chairman of the commission.
(f) The reestablished commission shall continue the activities of
the original commission and 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) Substantive changes to the Barrett Law.
(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 a final report before
November 1 of each year or at other times determined by the
legislative council. Copies of the report shall be given to the
governor and legislative council.
(h) Travel and other expenses shall be paid as follows:
(1) Each adviser 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 adviser is, however,
entitled to reimbursement for traveling expenses as provided
under IC 4-13-1-4 and other expenses actually incurred in
connection with the adviser's duties as provided in the state
policies and procedures established by the Indiana department
of administration and approved by the budget agency.
(2) Each adviser to the commission who is a state employee is
entitled to reimbursement for traveling expenses as provided
under IC 4-13-1-4 and other expenses actually incurred in
connection with the adviser'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.
(i) The commission expires November 2, 2001.
(j) This SECTION expires November 3, 2001.
&DNM1997-247-1
&YENC.1997
&YAMD.1997
SECTION 1. (a) The state board of tax commissioners shall
allow
a township having a population of more than one thousand
six hundred ninety-two (1,692) but less than one thousand seven
hundred seven (1,707) located in a county having a population of
more than one hundred sixty thousand (160,000) but less than two
hundred thousand (200,000) to increase its levy in excess of the
limitations established under IC 6-1.1-18.5-3 so that the property
tax rate to pay the costs of furnishing fire protection for the
township, or a portion of a township, enables the township to pay
a fair and reasonable amount under a contract with fire protection
providers. The state board of tax commissioners shall approve a
levy in excess of the limitations under IC 6-1.1-18.5-3 for the
three (3) years following the appeal. The approved levy may be
different for each of the three (3) years following the appeal. In
the fourth year after the appeal, the levy from the last year of the
three (3) years following the appeal is the township levy.
(b) This SECTION expires January 1, 2001.
Street which is the true point of beginning. Thence continuing
north 00 degrees, 00 minutes, 00 seconds east, along the east
line of Dexter Avenue extended, a distance of 200.00 feet to
the southwest corner of the property owned by the United
States of America and recorded in deed Record 617, pages
502 to 504. Thence south 89 degrees, 44 minutes, 33 seconds
east a distance of 591.05 feet to the east line of Section 22.
Thence south 89 degrees, 15 minutes, 10 seconds east a
distance of 108.95 feet. Thence south 00 degrees, 00
minutes, 00 seconds west a distance of 39.82 feet. Thence
north 89 degrees, 06 minutes, 47 seconds west a distance of
15.45 feet. Thence south 87 degrees, 48 minutes, 07 seconds
west a distance of 93.96 feet to the east line of Section 22.
Thence continuing south 87 degrees, 48 minutes, 06 seconds
west a distance of 210.25 feet. Thence south 69 degrees, 11
minutes, 08 seconds west, a distance of 407.13 feet to the
point of beginning, containing 1.45 acres.
Subject to a 15 foot wide easement for ingress and egress
conveyed to the Evansville-Vanderburgh School Corporation
and recorded in Deed Drawer 1, Card 7321 in the office of
the Recorder of Vanderburgh County, Indiana. Subject to
utility easements of record.
(c) The following apply to the conveyance required by
subsection (b):
(1) The conveyance shall be made upon the following
condition:
(A) Billboards may not be placed on the real estate.
(B) The University of Evansville shall use the proceeds of
the sale of the real estate for the purpose of providing
improvements upon the real estate to be conveyed to the
City of Evansville as described in subsection (a).
(2) The Indiana department of administration shall convey the
real property by a quitclaim deed.
(3)
IC 4-20.5-7-17
,
IC 4-20.5-7-18
, and the rules of the
Indiana department of administration, to the extent not
inconsistent with this act, apply to the conveyance required
by subsection (b).
(As added by P.L.202-1988, SEC.1. Amended by P.L.250-1997,
SEC.1.)
&DNM.1997-255-22
&YENC.1997
&YAMD.1997
SECTION 22. The provisions of this act are severable in the
manner provided by IC 1-1-1-8(b).
&DNM1997-257-42
&YENC.1997
&YAMD.1997
SECTION 42. The division of family and children under
IC 12-13 shall seek any available waivers from the Secretary of the
United States Department of Health and Human Services that are
required to carry out the provisions of this act.
&DNM.1997-260-1
&YENC.2001
&YAMD.2001
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 1996-97 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 1997-98" means the fiscal year beginning July 1,
1997, and ending June 30, 1998.
(9) "Year 1998-99" means the fiscal year beginning July 1,
1998, and ending June 30, 1999.
(10) "Biennium" means the period beginning July 1, 1997,
and ending June 30, 1999.
(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
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.1997-260-3
&YENC.2001
&YAMD.2001
SECTION 3. GENERAL GOVERNMENT
Year
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 Total
Operating
Expense 1,255,450
assistant president pro tempore, $2,500; majority floor leader,
$5,000; assistant majority floor leader, $1,000; majority caucus
chairman, $5,000; assistant majority caucus chairman, $1,000;
finance committee chairman, $5,000; budget subcommittee
chairman, $4,000; majority whip, $1,500; minority floor leader,
$5,500; minority caucus chairman, $4,500; minority assistant floor
leader, $4,500; finance committee ranking minority member,
$3,500; minority whip, $1,500; and assistant minority caucus
chairman, $500.
Officers of the house of representatives are entitled to the
following amounts in addition to the subsistence allowance:
speaker of the house, $6,500; speaker pro tempore, $5,000;
deputy speaker pro tempore, $500; majority floor leader, $5,000;
majority caucus chairman, $5,000; assistant majority caucus
chairman, $1,000; ways and means committee chairman, $5,000;
ways and means committee ranking majority member, $3,000;
budget subcommittee chairman, $3,000; majority whip, $3,500;
assistant majority whip, $1,000; assistant majority floor leader,
$1,000; minority floor leader, $5,500; minority caucus chairman,
$4,500; ways and means committee ranking minority member,
$3,500; minority whip, $1,500; and minority assistant floor
leader, $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 200,625
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 $50
per day during the 1997-99 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.
LEGISLATIVE COUNCIL
ANNEXATION STUDY
Total Operating
Expense for the
Biennium 50,000
DISTRIBUTION OF
PRINTED JOURNALS,
BILLS, RESOLUTIONS,
AND ENROLLED
DOCUMENTS
Total Operating
Expense 585,000
&DNM.1997-260-4
&YENC.2001
&YAMD.2001
SECTION 4. PUBLIC SAFETY
Year