Information Maintained by the Office of Code Revision Indiana Legislative Services Agency
 05/13/2008 12:03:51 PM EDT
&DNM.1998-1-220
&YENC.1998
&YAMD.1998
SECTION 220. The statute of limitations under IC 34-24-4 (or IC 34-1-70 before its repeal) for a claim based on participation in the illegal drug market that occurred before July 1, 1997, does not begin to run until July 1, 1997.

&DNM.1998-2-92
&YENC.1998
&YAMD.1998
    SECTION 92. (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    (c) Any reference in any statute or rule to a statute that is repealed and replaced in the same or a different form in this act shall be treated after the effective date of the new provision as a reference to the new provision.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.1998-11-25
&YENC.1998
&YAMD.1998
    SECTION 25. 750 IAC 2-9 and 750 IAC 5-2-1 are void. The publisher of the Indiana Administrative Code and Indiana Register shall remove these rules from the Indiana Administrative Code.

&DNM.1998-13-2
&YENC.1998
&YAMD.1998
    SECTION 2. IC 35-44-3-3, as amended by this act, applies only to offenses committed after June 30, 1998.

&DNM.1998-15-7
&YENC.1998
&YAMD.1998
    SECTION 7. (a) All amounts deferred under the state employees' deferred compensation plan before July 1, 1998, that remain in the plan on July 1, 1998, must be put into the trust required by IC 5-10-1.1-4(c), as amended by this act, for the exclusive benefit of plan participants, as required by Section 457(g) of the Internal Revenue Code.
    (b) All amounts deferred under any other deferred compensation plan

established under IC 5-10-1.1 that remain in the plan on December 31, 1998, must be held for the exclusive benefit of plan participants in a manner permitted by Section 457(g) of the Internal Revenue Code.
    (c) This SECTION expires July 1, 2002.

&DNM.1998-21-23
&YENC.1998
&YAMD.1998
    SECTION 23. IC 20-14-2-3, as amended by this act, applies to the establishment of a public library that is initiated after June 30, 1998, under IC 20-14-2-3(b), as amended by this act.

&DNM.1998-22-27
&YENC.1998
&YAMD.1998
    SECTION 27. The PERF board (as defined in IC 2-3.5-2-9) may consider a claim for benefits under IC 5-10.2-4-6(a), as amended by this act, even if the disability of the member making the claim arose from events occurring after March 31, 1994, and before April 2, 1998. A benefit claim approved by the PERF board under this SECTION is payable after the later of April 1, 1998, or the date of the member's claim.

&DNM.1998-31-14
&YENC.1998
&YAMD.1998
    SECTION 14. (a) IC 35-48-4-13, as amended by this act, applies only to offenses committed after June 30, 1998.
    (b) An offense committed under IC 35-48-4-13 before July 1, 1998, may be prosecuted and remains punishable as provided in IC 35-48-4-13, as effective before July 1, 1998.

&DNM.1998-35-29
&YENC.1998
&YAMD.1998
    SECTION 29. At a child's first periodic case review occurring after June 30, 1998, the county office of family and children is required to advise the child's parent, guardian, or custodian in writing that a petition to terminate the parent-child relationship must be filed with respect to the child after June 30, 1999 if the child has been removed from the child's parent and has been under the supervision of a county office of family and children for at least fifteen (15) months of the most recent twenty-two (22) months. However, if a child's parent, guardian, or custodian fails to appear at the first periodic case review occurring after June 30, 1998, the county office of family and children shall make reasonable efforts to send notice of the advisement to the last known address of the parent, guardian, or custodian.

&DNM.1998-35-30
&YENC.1998
&YAMD.1998

    SECTION 30. (a) This SECTION applies to a child in Indiana who:
        (1) is in an out-of-home placement described in IC 31-35-2-4.5 (a)(2)(A), as added by this act, on or before November 19, 1997; and
        (2) has been removed from a parent and is under the supervision of a county office of family and children for at least fifteen (15) months of the most recent twenty-two (22) months under IC 31-35-2-4.5 (a)(2)(B), as added by this act.
    (b) As used in this SECTION, "division" refers to the division of family and children.
    (c) As used in this SECTION, "county office" refers to a county office of family and children.
    (d) Except as provided in IC 31-35-2-4.5 (d), as added by this act, a petition to terminate the parent-child relationship must be filed under IC 31-35-2-4 with respect to all children in Indiana to whom this section applies as follows:
        (1) Not later than October 29, 1999, for at least one-third (1/3) of the children described in this SECTION.
        (2) Not later than April 29, 2000, for at least two-thirds (2/3) of the children described in this SECTION.
        (3) Not later than October 29, 2000, for all children described in this SECTION.
    (e) The division shall prepare and maintain a record of children described in subsection (a). Each county office shall transmit to the division information, in a form and at the time prescribed by the division, sufficient to enable the division to prepare and maintain the record required by this SECTION.
    (f) The division shall select, from the record described in subsection (e), the children for whom a petition must be filed not later than the dates specified in subsection (d). The division shall notify the following of the name of each child selected and the deadline for filing each petition:
        (1) The director of a county office of family and children that has responsibility for the child.
        (2) The prosecuting attorney for the county that has jurisdiction over the placement of the child.
        (3) The child's guardian ad litem or court appointed special advocate, if any.
    (g) In selecting the children from the record maintained under this SECTION, for the purposes of subsection (d)(1) and (d)(2), the division shall give priority to children:
        (1) for whom a permanency plan approved under IC 31-34-21-7 provides for placement of the child for adoption; and
        (2) who have been placed in an out-of-home placement as described in IC 31-35-2-4.5 (a)(2), as added by this act, for the greatest length of time.
    (h) This SECTION does not require the filing of a petition to terminate the parent-child relationship with respect to a child described in this SECTION if the child is not a child who is in an out-of-home placement as described in IC 31-35-2-4.5 (a)(2), as added by this act, on the date the petition is or would be ready for filing.
    (i) This SECTION expires December 31, 2000.

&DNM.1998-37-2
&YENC.1994
&YAMD.1998
    SECTION 2. P.L.40-1994, SECTION 84 is repealed.
(As added by P.L.40-1994, SEC. 84. Repealed by P.L.37-1998, SEC. 2.)

&DNM.1998-37-3
&YENC.1994
&YAMD.1998
    SECTION 3. (a) As used in this SECTION, "commission" refers to the Indiana commission on mental health established by this SECTION.
    (b) The Indiana commission on mental health is established.
    (c) The commission consists of sixteen (16) members. The speaker of the house of representatives and the president pro tempore of the senate shall each appoint two (2) legislative members, who may not be from the same political party, to serve on the commission. The governor shall appoint twelve (12) lay members, not more than six (6) of whom may be from the same political party, to serve on the commission as follows:
        (1) Four (4) at-large members, not more than two (2) of whom may be from the same political party.
        (2) Two (2) consumers of mental health services.
        (3) Two (2) representatives of different advocacy groups for consumers of mental health services.
        (4) Two (2) members of families of consumers of mental health services.
        (5) Two (2) members who represent mental health providers. One (1) of the members appointed under this subdivision must be a physician licensed under IC 25-22.5.
    (d) Except for the members appointed under subsection (c)(5), the members of the commission may not have a financial interest in the subject matter to be studied by the commission.
    (e) The chairman of the legislative council shall designate a legislative member of the commission to serve as chairman of the commission.
    (f) Each legislative member and each lay member of the commission is entitled to receive the same per diem, mileage, and travel allowances paid to individuals serving as legislative and lay members, respectively, on interim study committees established by the legislative council.
    (g) The commission shall do the following:
        (1) Study and evaluate the funding system for managed care providers of mental health services.
        (2) Review and make specific recommendations regarding the provision of mental health services delivered by community managed care providers and state operated hospitals.
        (3) Review and make recommendations regarding any unmet need for public supported mental health services in any specific

geographic area or throughout Indiana. In formulating these recommendations, the commission shall consider the need, feasibility, and desirability of including additional organizations in the network of managed care providers.
        (4) Review the results of the actuarial study which must be submitted by the division of mental health to the commission before January 1, 1995. not later than thirty (30) days after completion of the actuarial study.
        (5) Make recommendations regarding the application of the actuarial study by the division of mental health to the determination of service needs, eligibility criteria, payment, and prioritization of service.
    (h) The commission shall submit recommendations under subsection (g) to the secretary of the family and social services administration and to the legislative council before January July 1, 1998.
     (i) The commission shall:
        (1) monitor the implementation of managed care programs for all populations of the mentally ill that are eligible for care that is paid for in part or in whole by the state; and
        (2) make recommendations regarding the commission's findings under subdivision (1) to the appropriate division or department.
    (i) (j) This SECTION expires January 1, 1998. 2002.
(As added by P.L.40-1994, SEC. 86. Amended by P.L.37-1998, SEC. 3.)

&DNM.1998-38-8
&YENC.1998
&YAMD.1998
    SECTION 8. IC 6-1.1-26-6, as amended by this act, applies only to excess payments transferred to a surplus tax fund after June 30, 1998.

&DNM.1998-58-11
&YENC.1998
&YAMD.1998

Effective 7-1-99.

    SECTION 11. (a) As used in this SECTION, "office" refers to the office of the children's health insurance program under IC 12-17-18, as added by this act.
    (b) The office, with the assistance of the office of Medicaid policy and planning, shall apply under Section 1115 of the federal Social Security Act to the Secretary of the United States Department of Health and Human Services for any waivers required to implement the children's health insurance program. The intent of a waiver under this SECTION is to allow the state to offer the same health care services both to children who enroll in the children's health insurance program and to children who currently receive health care services under the Medicaid program.
    (c) This SECTION expires January 1, 2001.

&DNM.1998-58-12

&YENC.1998
&YAMD.1998
    SECTION 12. (a) The office of Medicaid policy and planning shall submit a state plan outlining Indiana's initial children's health insurance program to the Secretary of the United States Department of Health and Human Services before July 1, 1998.
    (b) The office of the children's health insurance program established under IC 12-17-18, as added by this act, shall amend the state plan outlining Indiana's children's health insurance program to describe a children's health insurance program, including the elements required under IC 12-17-18, as added by this act, before July 1, 1999. The state plan amendment required under this SECTION must include identification of the benchmark program that will be used by the office, as provided in IC 12-17-18-18, as added by this act.
    (c) The state may transfer funds from the Medicaid indigent care trust fund under IC 12-15-20 to pay for the state's share of funds required to receive federal financial participation under the children's health insurance program.
    (d) This SECTION expires January 1, 2003.

&DNM.1998-58-14
&YENC.1998
&YAMD.1998
    SECTION 14. (a) This SECTION does not apply to services provided by a facility licensed under IC 16-28.
    (b) As used in this SECTION, "community care network" means a system of providing or arranging for health services and related items for the residents of a community within the needs and resources of the community.
    (c) As used in this SECTION, "political subdivision" has the meaning set forth in IC 34-4-16.5-2.
    (d) One (1) or more political subdivisions may elect to participate in a pilot program under this SECTION by forming a community care network for the purpose of pooling and administering funds to be used in providing or arranging to provide health services and related items to at least one (1) of the following groups:
        (1) The employees of the political subdivisions.
        (2) Enrollees whose health services and items are provided under IC 12-15, if approved by the office of the secretary.
        (3) The enrollees of the children's health insurance program under IC 12-17-18.
        (4) The employees of private employers, if appropriate.
        (5) Other groups of residents approved for inclusion by the board of directors as provided under subsection (f).
    (e) A community care network is authorized to pool funds provided to the community care network by:
        (1) the political subdivisions participating in the community care network;
        (2) private employers;
        (3) state and federal entities;
        (4) grants; and

        (5) any other source;
for financing and arranging to provide health services and related items to the employees and residents of the political subdivisions.
    (f) A community care network is governed by a board of directors.
    (g) A board of directors must have an odd number of members that is not less than five (5) members but not more than eleven (11) members.
    (h) Members of a board of directors must include the following:
        (1) Representatives of the political subdivisions establishing the community care network.
        (2) Representatives of the employees of the political subdivisions establishing the community care network.
        (3) Representatives of the residents, if applicable, of the political subdivisions establishing the community care network.
        (4) Representatives of providers that will provide health services and related items to individuals receiving health care through the community care network.
The political subdivisions establishing the community care network must agree to the number of representatives under subdivisions (1) through (4).
    (i) Each member of a board of directors must have demonstrated expertise in health care financing or health care delivery systems, or both.
    (j) The executives of the political subdivisions establishing the community care network must:
        (1) agree to the number of members each executive may appoint; and
        (2) after reaching agreement under subdivision (1), appoint members;
to the board of directors.
    (k) The board of directors of each community care network shall establish a community care network fund to pay for health services and related items for participants in the network.
    (l) The board of directors shall establish guidelines for the community care network that include the following:
        (1) Quality assurance.
        (2) Benefit levels.
        (3) Improved access to health care.
        (4) Cost containment through early intervention.
        (5) Medical staff expertise.
        (6) Coordination of community resources.
        (7) Community, parental, and school involvement.
    (m) A community care network must be approved annually by:
        (1) the department of insurance; and
        (2) the office of the secretary of family and social services.
    (n) The department of insurance must certify that a community care network possesses necessary financial reserves.
    (o) A community care network may contract with:
        (1) an accident and sickness insurance company, including reimbursement agreements under IC 27-8-11;
        (2) a health care provider (as defined in IC 27-12-2-14); or
        (3) a nonprofit agency that provides health care services;
to provide or arrange for the provision of health services and items for the employees and residents of the political subdivisions establishing the community care network.
    (p) A contract under subsection (o) may be awarded only after the community care network uses a public bidding process for the contract.
    (q) A community care network established under this SECTION:
        (1) may contract with the state to provide services under IC 12-14, IC 12-15, and IC 12-17-18; and
        (2) is a body corporate and politic.
    (r) Any plan of self-insurance must include an aggregate stop-loss provision.
    (s) The political subdivisions establishing the community care network:
        (1) shall appropriate to the community care network any funds necessary to provide health services and related items for employees of the political subdivisions; and
        (2) may appropriate funds for health services and items provided to other residents of the political subdivisions.
    (t) If Medicaid funds are used by a community care network to pay for health services and related items, the office of Medicaid policy and planning:
        (1) shall assure that patients served by federally qualified health centers, rural health clinics, and other primary care providers that target uninsured or Medicaid patients have equal or better access to comprehensive quality primary care services; and
        (2) may apply to the Secretary of the United States Department of Health and Human Services for any waivers necessary to implement this SECTION.
    (u) If the office of Medicaid policy and planning seeks a waiver under IC 12-15 to establish a managed care program or other demonstration project, the office of Medicaid policy and planning shall not seek a waiver of:
        (1) federally qualified health centers and rural health clinic services as mandatory Medicaid services under:
            (A) 42 U.S.C. 1396a(10)(A);
            (B) 42 U.S.C. 1396d(a)(2)(B); and
            (C) 42 U.S.C. 1396d(a)(2)(C); or
        (2) reasonable cost reimbursement for federally qualified health centers and rural health clinics under 42 U.S.C. 1396a(a)(13)(E).
    (v) A community care network established under this SECTION shall file a report with the department of insurance and the office of the secretary of family and social services not later than March 1 of each year that provides information about the community care network during the preceding calendar year that is requested by the department of insurance and the office of the secretary of family and social services.
    (w) Not later than January 1, 2002, the department of insurance and the office of the secretary of family and social services shall begin to evaluate the community care networks established under this SECTION.
    (x) Not later than November 1, 2002, the department of insurance and the office of the secretary of family and social services shall report to the legislative council and the governor regarding whether community care networks should be established legislatively on an ongoing basis.
    (y) A community care network may not begin operation before January 1, 1999.
    (z) This SECTION expires January 1, 2003.

&DNM.1998-64-4
&YENC.1998
&YAMD.1998
    SECTION 4. (a) Notwithstanding IC 36-9-3-6, the term of a member of a regional transportation authority that includes a county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000) who was appointed before July 1, 1998, expires September 30, 1998. Each appointing authority authorized by IC 36-9-3-5, as amended by this act, to make an appointment to a regional transportation authority that includes a county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000) shall make the appointment to the regional transportation authority before September 1, 1998.
    (b) Notwithstanding IC 36-9-3-7, members appointed under IC 36-9-3-5, as amended by this act, shall take office and meet as a board on October 1, 1998.
    (c) This SECTION expires January 1, 2005.

&DNM.1998-64-5
&YENC.1998
&YAMD.1998
    SECTION 5. (a) Notwithstanding IC 36-10-3-4, as amended by this act, a member of a town board who is not a resident of the district may finish the remainder of the member's current unexpired term. At the conclusion of the member's current term, the appointing authority shall appoint a member to the town board who meets the requirements of IC 36-10-3-4(a), as amended by this act.
    (b) This SECTION expires December 31, 2004.

&DNM.1998-64-6
&YENC.1998
&YAMD.1998
    SECTION 6. Not withstanding the amendments made to IC 36-7-4-207 by P.L.225-1997, SECTION 1, an area plan commission that existed before the effective date of that act may continue to operate until January 1, 1999, under IC 36-7-4-207 as it existed before the enactment of that act. Any actions taken after June 30, 1997, and before January 1, 1999, by an area plan commission operating under this SECTION that otherwise comply with the Area Planning Law (as defined in IC 36-7-4-102) are legalized and validated.

&DNM.1998-69-20
&YENC.1998
&YAMD.1998
    SECTION 20. IC 27-13-34-12(4), as amended by this act, applies to contracts that are entered, renewed, or modified after June 30, 1998.

&DNM.1998-79-113
&YENC.1998
&YAMD.1998
    SECTION 113. IC 33-16-2-1, as amended by this act, applies only to applicants applying for a commission as a notary public after June 30, 1998.

&DNM.1998-83-5
&YENC.1998
&YAMD.1998
    SECTION 5. (a) IC 36-8-13-5, as amended by this act, applies only to purchases that occur after June 30, 1998.
    (b) IC 36-8-11-26 and IC 36-8-19-8.7, both as added by this act, apply only to purchases that occur after June 30, 1998.

&DNM.1998-84-28
&YENC.1998
&YAMD.1998
    SECTION 28. (a) Notwithstanding IC 25-7-8-3(3), the application described in IC 25-7-8-2 must state that the applicant has successfully completed at least:
        (1) nine hundred (900) hours of instruction in the theory and practice of instructor training as a student in a barber school; or
        (2) five (5) years of full-time experience as a barber.
    (b) This SECTION expires July 1, 2001.

&DNM.1998-85-4
&YENC.1998
&YAMD.1998
    SECTION 4. IC 33-19-6-10, as amended by this act, applies to findings under IC 9-30-5 made after June 30, 1998, regardless of when the action was filed.

&DNM.1998-86-2
&YENC.1998
&YAMD.1998
    SECTION 2. A cause of action based on adverse possession may not be commenced against a political subdivision (as defined in IC 36-1-2-13) after June 30, 1998.

&DNM.1998-98-2
&YENC.1998
&YAMD.1998
    SECTION 2. (a) Notwithstanding IC 36-8-16.5-18(c)(2), as added by this act, the initial members appointed to the wireless 911 advisory

board under IC 36-8-16.5-18(c)(2) are appointed for the following terms:
        (1) Two (2) members for a term of one (1) year.
        (2) Two (2) members for a term of two (2) years.
        (3) One (1) member for a term of three (3) years.
    (b) Notwithstanding IC 36-8-16.5-18(c)(3), as added by this act, the initial members appointed to the wireless 911 advisory board under IC 36-8-16.5-18(c)(3) are appointed for the following terms:
        (1) Two (2) members for a term of one (1) year.
        (2) Two (2) members for a term of two (2) years.
        (3) One (1) member for a term of three (3) years.
    (c) The initial members appointed to the wireless 911 advisory board under IC 36-8-16.5-18, as added by this act, must be appointed not later than the later of May 1, 1998, or sixty (60) days after the day this act takes effect.
    (d) Notwithstanding IC 36-8-16.5-26, as added by this act, the board shall set the initial wireless enhanced 911 fee described by IC 36-8-16.5-25, as added by this act, at sixty-five cents ($0.65) per month for each commercial mobile radio service telephone number, to be imposed not later than May 1, 1998. The fee must be applied uniformly throughout Indiana. The first distribution from the 911 fund to the public safety answering points may not be later than September 1, 1998.
    (e) Notwithstanding IC 36-8-16.5-26, as added by this act, the board may not raise the wireless enhanced 911 fee described by IC 36-8-16.5-25, as added by this act, earlier than one (1) year after the date this act takes effect.
    (f) This SECTION expires July 1, 2002.

&DNM.1998-102-1
&YENC.1996
&YAMD.1998
    SECTION 1. P.L.13-1996, SECTION 3 is repealed.
(As added by P.L.13-1996, SEC. 3. Amended by P.L.102-1998, SEC. 1.)

&DNM.1998-102-2
&YENC.1994
&YAMD.1998
     SECTION 2. (a) As used in this SECTION, "committee" refers to the Central State advisory committee established by subsection (b).
    (b) The Central State advisory committee is established.
    (c) The committee consists of the following members:
        (1) Four (4) members of the senate appointed by the president pro tempore of the senate. Not more than two (2) members appointed under this subdivision may be members of the same political party. The members under this subdivision must be appointed so that the following are satisfied:
            (A) The senator in whose district Central State Hospital is located must be a member of the committee.
            (B) A senator who serves on the senate committee concerned

with financial matters must be a member of the committee.
            (C) A senator who serves on the senate committee concerned with health matters must be a member of the committee.
        (2) Four (4) members of the house of representatives appointed by the speaker of the house of representatives. Not more than two (2) members appointed under this subdivision may be members of the same political party. The members under this subdivision must be appointed so that the following are satisfied:
            (A) The representative in whose district Central State Hospital is located must be a member of the committee.
            (B) A representative who serves on the house committee concerned with financial matters must be a member of the committee.
            (C) A representative who serves on the house committee concerned with health matters must be a member of the committee.
    (d) The president pro tempore of the senate shall appoint the chair of the committee. After the chair of the committee is appointed, the speaker of the house of representatives shall appoint the vice chair of the committee. The chair and the vice chair of the committee may not be members of the same political party.
    (e) The committee shall meet at the call of the chair.
    (f) The affirmative vote of five (5) members of the committee is necessary for the committee to take any action other than to meet to take testimony or to adjourn.
    (g) Each member of the committee is entitled to receive the same per diem, mileage, and travel allowances paid to individuals serving as legislative members on interim study committees established by the legislative council.
    (h) This subsection does not apply to a transaction or the renewal of a transaction if the transaction was entered into before January 1, 1994. Before the state may:
        (1) sell, lease, or transfer possession of any part of the real property constituting the grounds of Central State Hospital; or
        (2) enter into an agreement for any transaction described in subdivision (1);
the governor must submit to the committee a detailed report describing the proposed transaction and the reasons for the proposed transaction. Upon receiving a report under this subsection, the chair of the committee shall call a meeting of the committee to act upon the report. The committee shall act upon the report within sixty (60) days of submission by the governor. The state may not proceed with the transaction until the governor responds to the committee's recommendation.
    (i) The committee shall operate under policies and procedures established by the legislative council.
    (j) This SECTION expires January July 1, 1999. 2001.
(As added by P.L.40-1994, SEC. 87. Amended by P.L.102-1998, SEC. 2.)

&DNM.1998-102-3
&YENC.1998
&YAMD.1998
    SECTION 3. (a) As used in this SECTION, "committee" refers to the central state advisory committee established by P.L.40-1994, SECTION 87, as amended by this act.
    (b) The committee shall obtain the following information regarding adults with mental illness and adults with mental retardation:
        (1) The number of adults with mental illness and adults with mental retardation.
        (2) The number of adults with mental illness and adults with mental retardation confined by the department of correction.
        (3) The number of adults with mental illness and adults with mental retardation who will:
            (A) be released by the department of correction; and
            (B) require services for mental illness or services for mental retardation.
        (4) The number of adults with mental illness and adults with mental retardation confined in county jails.
        (5) The number of adults with mental illness who will require services for mental illness.
        (6) The number of adults with mental illness who require services for mental illness who will not receive adequate services. The committee shall determine the reasons for any lack of needed services.
        (7) Classification of mental illness and associated numbers of adults with mental illness within each classification.
        (8) The requirements for services, including the types of placements needed, for all adults with mental illness.
        (9) The number of beds required to serve adults with mental illness.
    (c) The information gathered under subsection (b) must:
        (1) include total information both for the entire state and for the Central State catchment area; and
        (2) be presented by July 1 of each year in a format of projections for each year, beginning with 1998 through 2002.
    (d) The committee shall study the nature and scope of services required for each classification of mental illness determined under subsection (b)(7).
    (e) The committee shall study appropriate strategies for providing services to the numbers of adults within each classification of mental illness determined under subsection (b)(7), including the following:
        (1) The kinds of private services available.
        (2) An evaluation of the cost of purchasing private services as compared with providing services in state institutional care.
        (3) The nature and availability of alternate services.
    (f) The committee shall study funding and other fiscal issues related to providing appropriate services to adults with mental illness.
    (g) The committee shall study administrative issues related to providing appropriate services to adults with mental illness.
    (h) The committee shall study whether there is a need for institutional

care for adult individuals with mental illness at the site of Central State Hospital.
    (i) The committee may study other issues the committee considers relevant to determine the best way to provide appropriate services to adults with mental illness and adults with mental retardation.
    (j) The committee shall study alternative forms of treatment and sentencing for adult offenders with mental retardation, including specialized services that may be provided in correctional facilities or other facilities.
    (k) The division of mental health and other state agencies as determined by the committee shall:
        (1) provide all information the committee considers appropriate to its study under this SECTION; and
        (2) cooperate with the committee in the study required by this SECTION.
    (l) The committee shall report the results of its study and its recommendations to the legislative council as the committee considers appropriate or as otherwise required by the legislative council.
    (m) The state may proceed with the development of a plan for the site of Central State Hospital, but:
        (1) must report all details of a plan for the site of Central State Hospital to the committee; and
        (2) may not implement any part of a plan for the site of Central State Hospital until the committee reports the results of its study and its recommendations as required under subsection (l).
    (n) This SECTION expires July 1, 2001.

&DNM.1998-106-3
&YENC.1998
&YAMD.1998
    SECTION 3. The state department of health shall apply for funds under Section 2625 of the Ryan White CARE Amendments of 1996 (42 U.S.C. 300ff-21 et seq.) to pay for all tests conducted under IC 16-41-6-4(a), as amended by this act.

&DNM.1998-110-4
&YENC.1998
&YAMD.1998
    SECTION 4. IC 13-21-3-14 and IC 13-21-3-14.5, as amended by this act, do not apply to a contract executed before April 1, 1998.

&DNM.1998-112-3
&YENC.1998
&YAMD.1998
    SECTION 3. IC 35-45-6-1, as amended by this act, and IC 35-45-15, as added by this act, apply only to offenses committed after June 30, 1998.

&DNM.1998-120-4
&YENC.1998
&YAMD.1998

    SECTION 4. (a) Notwithstanding IC 15-1.5-10.5-5, as added by this act, the initial appointments to the board of trustees of the center for agricultural science and heritage under IC 15-1.5-10.5-4(a)(11), as added by this act, are as follows:
        (1) Five (5) members for a one (1) year term.
        (2) Five (5) members for a two (2) year term.
        (3) Five (5) members for a three (3) year term.
    (b) Notwithstanding IC 15-1.5-10.5-5, as added by this act, the terms of the initial members of the board of trustees of the center for agricultural science and heritage begin October 1, 1998.
    (c) This SECTION expires September 30, 2003.

&DNM.1998-125-25
&YENC.1998
&YAMD.1998

Effective 1-1-99.

    SECTION 25. IC 6-3.1-19, as added by this act, applies only to taxable years beginning after December 31, 1998.

&DNM.1998-125-26
&YENC.1998
&YAMD.1998
    SECTION 26. IC 6-3.1-11.5, as added by this act, applies only to taxable years beginning after December 31, 1997.

&DNM.1998-128-1
&YENC.1998
&YAMD.1998
    SECTION 1. (a) As used in this SECTION, "environmental modifications" means adjustments to the home environment of a person with autism, including providing ramps for wheelchair accessibility, handrails, and vehicle modifications designed to assist in the person's ability to remain in the community.
    (b) As used in this SECTION, "personal assistance" means personal care services for a person with autism, including assistance with personal grooming, cooking, feeding, and homemaking to assist in the person's ability to remain in the community.
    (c) As used in this SECTION, "waiver" refers to a home and community based services waiver described in 42 U.S.C. 1396n(c) as it:
        (1) applies to persons with autism; and
        (2) is in effect on July 1, 1997.
    (d) The office of Medicaid policy and planning shall seek approval under 42 U.S.C. 1396 et seq. from the United States Department of Health and Human Services to amend the waiver as follows:
        (1) Each year during the course of the waiver renewal period raise the number of eligible persons who may be served by the waiver as follows:
            (A) From ninety (90) to one hundred forty-five (145) during the state fiscal year beginning July 1, 1997, and ending June 30, 1998.

            (B) From one hundred forty-five (145) to two hundred (200) during state fiscal years beginning after June 30, 1998.
        (2) Provide for personal assistance and environmental modifications for a person with autism who:
            (A) is eligible to use the home and community based services waiver for persons with autism under 42 U.S.C. 1396n(c); and
            (B) would otherwise require a level of care provided in an intermediate care facility for the mentally retarded (as defined in 42 U.S.C. 1396d(d)) in the absence of home and community based services described under this subdivision.
         (3) Convert the waiver into a regular waiver as described by 42 CFR 441.305 (a).
    (e) The personal assistance and environmental modifications required under subsection (d) must be comparable to the services available under the intermediate care facility for the mentally retarded (ICF/MR) waiver.
    (f) The office of Medicaid policy and planning shall apply for approval from the federal Health Care Financing Administration to amend the waiver to implement this SECTION before January 1, 1998.
    (g) The office of Medicaid policy and planning may not implement the changes listed under subsection (d) until the office of Medicaid policy and planning files an affidavit with the governor that attests that the federal Health Care Financing Administration has approved the changes in the waiver requested by the office of Medicaid policy and planning under this SECTION.
    (h) The office of Medicaid policy and planning shall adopt rules under IC 4-22-2 necessary to implement this SECTION.
    (i) This SECTION expires July 1, 2002.

&DNM.1998-129-1
&YENC.1998
&YAMD.1998
    SECTION 1. (a) As used in this SECTION, "unit" has the meaning set forth in IC 36-1-2-23.
    (b) A fund that:
        (1) was established by a unit before July 1, 1997; and
        (2) would have been considered a riverboat fund for purposes of IC 36-1-8-9 if IC 36-1-8-9 had been in effect before July 1, 1997;
is legalized and validated.
    (c) A fund described in subsection (b) is considered a riverboat fund for purposes of IC 36-1-8-9.

&DNM.1998-130-1
&YENC.
&YAMD.
    (Repealed by P.L.130-1998, SEC.1.)

&DNM.1998-130-3
&YENC.1998
&YAMD.1998

    SECTION 3. 405 IAC 1-14.2 is void. The publisher of the Indiana Administrative Code and Indiana Register shall remove this rule from the Indiana Administrative Code.

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