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&DNM.2000-2-2
&YENC.2000
&YAMD.2000
SECTION 2. IC 6-3-1-11, as amended by this act, applies to taxable
years beginning after December 31, 1998.
&DNM.2000-3-14
&YENC.2000
&YAMD.2000
SECTION 14. P.L.273-1999, SECTION 147, IS AMENDED TO
READ AS FOLLOWS: SECTION 147. THE FOLLOWING ARE
REPEALED [EFFECTIVE JANUARY 1, 2001]: IC 21-2-12-3.1;
IC 21-3-1.6-3; IC 21-3-1.6-3.2.
&DNM.2000-3-15
&YENC.2000
&YAMD.2000
SECTION 15. Notwithstanding the effective date of January 1,
2001, for IC 21-3-12, as added by P.L.273-1999, SECTION 146, the
vocational education formula in IC 21-3-1.6-3.3 and IC 21-3-1.6-3.4,
as added by this act, shall be used for 2001.
&DNM.2000-5-5
&YENC.2000
&YAMD.2000
SECTION 5. (a) IC 27-14, as added by this act, is intended to enable
mutual insurance companies to seek additional capital more effectively
to:
&DNM.2000-7-6
&YENC.2000
&YAMD.2000
SECTION 6. The office of the secretary, in order to carry out the
requirements of IC 12-8-1-14, as added by this act, shall:
(1) determine methods to facilitate the payment of providers
participating in the Medicaid program under IC 12-15; and
(2) submit a written report of its activities and findings to the
legislative council before March 1, 2000.
&DNM.2000-7-7
&YENC.2000
&YAMD.2000
SECTION 7. Actions taken under IC 12-8-1, IC 12-8-2, IC 12-8-6,
and IC 12-8-8 after June 30, 1999, and before the passage of this act
are legalized and validated to the extent that those actions would have
been legal and valid if this act had been adopted before July 1, 1999.
&DNM.2000-9-2
&YENC.2000
&YAMD.2000
SECTION 2. IC 35-41-4-2, as amended by this act, only applies to
offenses committed after June 30, 2000.
&DNM.2000-14-87
&YENC.1999
&YAMD.2000
SECTION 87. (a) Except as provided in subsection (b), the
definitions in IC 20-16-1, as added by this act, apply throughout this
SECTION.
(b) As used in this SECTION, "superintendent" refers to the
individual who:
board. The auditor of state shall take all necessary action to
transfer the balance of appropriations and other funds belonging
to the school to the board.
(4) All rules adopted under IC 4-22-2 relating to the school are
considered to be the rules of the board until the board amends or
repeals the rules under IC 20-16, as added by this act.
(5) All references to the school in any statute, rule, or other legal
document are considered references to the school under IC 20-16,
as added by this act.
The board may send copies of the certification to other state agencies
the board considers necessary to permit the school to operate under
IC 20-16, as added by this act.
(i) The board shall prepare and submit a report to the legislative
council not later than December 31, 1999, that describes the
implementation of the transition plan under this SECTION.
(j) This SECTION expires July 1, 2003.
&HST.As added by P.L.69-1999, SEC.14. Amended by P.L.14-2000,
SEC.87.&EHST.
&DNM.2000-14-88
&YENC.1999
&YAMD.2000
SECTION 88. (a) This SECTION applies if the judge serving as
presiding judge of the St. Joseph superior court on June 30, 1999,
would otherwise, in the absence of the amendment of IC 35-5-40-2
made by this act, serve any part of the judge's term as presiding judge
after June 30, 1999.
(b) The judge of the St. Joseph superior court serving as presiding
judge on June 30, 1999, is the initial chief judge of the St. Joseph
superior court under IC 33-5-40-23, as amended by this act, for the
remainder of the judge's unexpired term as presiding judge.
&HST.As added by P.L.196-1999, SEC.73. Amended by P.L.14-2000,
SEC.88.&EHST.
&DNM.2000-14-89
&YENC.1999
&YAMD.2000
SECTION 89. (a) As used in this SECTION, "existing source"
means a source in the reinforced plastic composites fabricating industry
that:
(1) emits styrene; and
(2) has been issued a construction permit or an operating permit
by the department of environmental management.
(b) The department of environmental management shall do the
following:
(1) Before October 1, 1999, develop written policies and
procedures to address changes in estimated air pollution
emissions from existing sources.
(2) Before publication under subdivision (3), make a proposed
non-rule policy document available to the following for review
and comment:
&DNM.2000-16-3
&YENC.2000
&YAMD.2000
SECTION 3. Notwithstanding the repeal of IC 20-5-4-1.5, as added
by this act, the following provisions apply to bonds issued under
IC 20-5-4-1.5, as added by this act, before December 2, 2000:
(1) The bonds remain valid and binding obligations of the school
corporation that issued them, as if IC 20-5-4-1.5 had not been
repealed.
(2) Each year that a debt service levy is needed for the bonds, the
school corporation that issued the bonds shall reduce its total
property tax levy for the school corporation's other funds in an
amount equal to the property tax levy needed for the debt service
on the bonds.
&DNM.2000-17-3
&YENC.2000
&YAMD.2000
SECTION 3. (a) The definitions set forth in IC 20-5-6-9, as added
by this act, apply throughout this SECTION.
(b) A donation of proceeds of riverboat gaming to a public school
endowment corporation that:
(1) was made by a political subdivision before July 1, 2000; and
(2) would have been permitted by IC 20-5-6-9, as added by this
act, if IC 20-5-6-9 had been in effect before July 1, 2000;
is legalized and validated.
&DNM.2000-21-12
&YENC.2000
&YAMD.2000
SECTION 12. (a) All money remaining in the tobacco settlement
fund on June 30, 2000, shall be transferred to the Indiana tobacco
master settlement agreement fund established by IC 4-12-1-14.3, as
amended by this act, on July 1, 2000.
(b) Notwithstanding P.L.273-1999 or IC 4-12-1-14.3, as amended
by this act, the appropriations made by P.L.273-1999, SECTION 8, for
the state fiscal year beginning July 1, 2000, for CHILDREN'S
HEALTH INSURANCE PROGRAM (CHIP) ASSISTANCE and
CHILDREN'S HEALTH INSURANCE PROGRAM (CHIP)
ADMINISTRATION:
(1) are payable from the Indiana tobacco master settlement
agreement fund established by IC 4-12-1-14.3, as amended by this
act; and
(2) are not subject to the limitation on expenditures from the fund
under IC 4-12-1-14.3(d), as amended by this act.
(c) The following amounts are appropriated from the Indiana
tobacco master settlement agreement fund established by
IC 4-12-1-14.3, as amended by this act, for the period beginning July
1, 2000, and ending June 30, 2001:
(1) Thirty-five million dollars ($35,000,000) to be transferred to
the Indiana tobacco use prevention and cessation fund for tobacco
education, prevention, and use control. However, two million five
hundred thousand dollars ($2,500,000) of this amount must be
used to fund minority organizations, agencies, and businesses to
implement minority prevention and intervention programs.
(2) Twenty million dollars ($20,000,000) to be transferred to the
Indiana prescription drug fund for pharmaceutical assistance for
low income senior citizens.
(3) Fifteen million dollars ($15,000,000) to the state department
of health for total operating expenses for either or both of the
following purposes:
(A) Community health centers.
(B) Primary health care centers for children.
(d) Ten million dollars ($10,000,000) is appropriated from the
Indiana tobacco master settlement agreement fund established by
IC 4-12-1-14.3, as amended by this act, to the state department of
health to cover capital costs for the period beginning July 1, 2000, and
ending June 30, 2002, for community health centers.
(e) In addition to the money appropriated under IC 6-7-1-30.5 and
under P.L.273-1999, SECTION 8, one million five hundred thousand
dollars ($1,500,000) shall be transferred from the Indiana tobacco
master settlement agreement fund established by IC 4-12-1-14.3, as
amended by this act, to the local health maintenance fund established
by IC 16-46-10-1 and is appropriated for total operating expenses of
the local health maintenance fund beginning July 1, 2000, and ending
June 30, 2001. The appropriation made under this subsection shall be
used to make supplemental grants, in addition to the grants provided
under IC 16-46-10-2, under the following schedule to each local board
of health whose application for funding is approved by the state board
of health:
COUNTY POPULATION
AMOUNT OF GRANT
over - 499,999
$ 36,000
100,000 - 499,999
24,000
50,000 - 99,999
20,000
under - 50,000
14,000
&DNM.2000-21-13
&YENC.2000
&YAMD.2000
SECTION 13. (a) The Indiana University School of Medicine shall
submit proposed criteria and cost estimates to the Indiana health care
trust fund advisory board concerning the establishment and funding of
a research project to determine the causes and tendencies of nicotine
addiction and withdrawal from nicotine addiction.
(b) The Indiana minority health coalition and Martin University
shall submit proposed criteria and cost estimates to the Indiana health
care trust fund advisory board concerning the establishment and
funding of a minority epidemiology resource center.
(c) This SECTION expires July 1, 2003.
&DNM.2000-21-14
&YENC.2000
&YAMD.2000
SECTION 14. (a) Notwithstanding IC 4-12-4-7, as added by this act,
the initial terms of office of the eleven (11) members appointed by the
governor to the board of directors of the Indiana tobacco use prevention
and cessation board under IC 4-12-4-4(c)(2), as added by this act, are
as follows:
(1) Three (3) members for a term of two (2) years.
(2) Four (4) members for a term of three (3) years.
(3) Four (4) members for a term of four (4) years.
(b) The initial terms begin April 1, 2000.
(c) This SECTION expires July 1, 2005.
&DNM.2000-21-15
&YENC.2000
&YAMD.2000
SECTION 15. (a) The Indiana prescription drug advisory committee
is established to:
(1) study pharmacy benefit programs and proposals, including
programs and proposals in other states; and
(2) make initial and ongoing recommendations to the governor for
programs that address the pharmaceutical costs of low-income
senior citizens.
(b) The committee consists of eleven (11) members appointed by
the governor and four (4) legislative members. The term of each
member expires December 31, 2001. The members of the committee
appointed by the governor are as follows:
(1) A physician with a specialty in geriatrics.
(2) A pharmacist.
(3) A person with expertise in health plan administration.
(4) A representative of an area agency on aging.
(5) A consumer representative from a senior citizen advocacy
organization.
(6) A person with expertise in and knowledge of the federal
Medicare program.
(7) A health care economist.
(8) A person representing a pharmaceutical research and
manufacturing association.
(9) Three (3) other members as appointed by the governor.
The four (4) legislative members shall serve as nonvoting 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
committee.
(c) The governor shall designate a member to serve as chairperson.
A vacancy with respect to a member shall be filled in the same manner
as the original appointment. Each member is entitled to reimbursement
for traveling expenses and other expenses actually incurred in
connection with the member's duties. The expenses of the committee
shall be paid from the Indiana pharmaceutical assistance fund created
by IC 4-12-8, as added by this act. The office of the secretary of family
and social services shall provide staff for the committee. The
committee is a public agency for purposes of IC 5-14-1.5 and
IC 5-14-3. The advisory council is a governing body for purposes of
IC 5-14-1.5.
(d) Not later than September 1, 2000, the board shall make program
design recommendations to the governor and the family and social
services administration concerning the following:
(1) Eligibility criteria, including the desirability of incorporating
an income factor based on the federal poverty level.
(2) Benefit structure.
(3) Cost-sharing requirements, including whether the program
should include a requirement for copayments or premium
payments.
(4) Marketing and outreach strategies.
(5) Administrative structure and delivery systems.
(6) Evaluation.
(e) The recommendations shall address the following:
(1) Cost-effectiveness of program design.
(2) Coordination with existing pharmaceutical assistance
programs.
(3) Strategies to minimize crowd-out of private insurance.
(4) Reasonable balance between maximum eligibility levels and
maximum benefit levels.
(5) Feasibility of a health care subsidy program where the amount
of the subsidy is based on income.
(6) Advisability of entering into contracts with health insurance
companies to administer the program.
(f) The committee may not recommend the use of funds from the
Indiana pharmaceutical assistance fund for a state prescription drug
benefit for low-income senior citizens if there is a federal statute or
program providing a similar prescription drug benefit for the benefit of
low-income senior citizens.
(g) This SECTION expires December 31, 2001.
&DNM.2000-26-47
&YENC.2000
&YAMD.2000
SECTION 47. (a) Notwithstanding IC 5-4-1-1.2, as amended by this
act, an individual appointed or elected to an office of a political
subdivision after November 1, 1999, and before July 1, 2000, does not
vacate the office under IC 5-4-1-1.2, as amended by this act, if all of
the following apply:
(1) The individual took the oath required by IC 5-4-1-1 at any
time after the individual's appointment or election.
(2) The individual took the oath required by IC 5-4-1-1 not later
than thirty (30) days after the beginning of the term of office.
(3) The oath was deposited with the appropriate office not later
than December 31, 2000, under IC 5-4-1-4, as in effect July 1,
2000.
(b) This SECTION expires January 1, 2004.
&DNM.2000-26-48
&YENC.2000
&YAMD.2000
&DNM.2000-28-1
&YENC.2000
&YAMD.2000
SECTION 1. (a) The rail corridor safety committee is established.
(b) The committee consists of eight (8) members as follows:
(1) 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 represent the
same political party.
(2) 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 represent the same political party.
(c) The chairman of the legislative council shall designate one (1)
member of the committee to be chairperson of the committee.
(d) Each member of the committee appointed under subsection
(b)(1) or (b)(2) is entitled to receive the same per diem, mileage, and
travel allowances paid to members of the general assembly serving on
legislative study committees established by the legislative council.
(e) The committee shall do the following:
&DNM.2000-32-28
&YENC.2000
&YAMD.2000
SECTION 28. The change of references in the Indiana Code from
community service to community restitution or service by this act shall
not be construed to:
(1) release a person from a court order issued before July 1, 2000,
requiring the person to perform community service; or
(2) limit the power of an entity to operate any program as a
community restitution program after June 30, 2000, that was
operated before July 1, 2000, as a community service program.
&DNM.2000-36-12
&YENC.2000
&YAMD.2000
SECTION 12. IC 6-1.1-18.5-10.4, as amended by this act, applies
to property taxes first due and payable after December 31, 2000.
&DNM.2000-40-2
&YENC.2000
&YAMD.2000
SECTION 2. (a) Notwithstanding IC 8-15-3-27, as amended by this
act, the department of transportation shall carry out the duties imposed
upon it by IC 8-15-3-27, as amended by this act, under interim written
guidelines approved by the commissioner.
(b) This SECTION expires on the earlier of the following:
(1) The date rules are adopted under IC 8-15-3-27, as amended by
this act.
(2) December 31, 2000.
&DNM.2000-45-10
&DNM.2000-45-11
&YENC.2000
&YAMD.2000
SECTION 11. (a) At midnight, June 30, 2000, Vigo county court
No. 5 is abolished.
(b) Any case pending in Vigo county court No. 5 after the close of
business on June 30, 2000, is transferred on July 1, 2000, to Vigo
superior court No. 5, established by IC 33-5-44.1-1, as amended by this
act. All cases transferred under this SECTION that are eligible to be
heard by the standard small claims and misdemeanor division shall be
transferred to the standard small claims and misdemeanor division of
the court in accordance with the venue requirements prescribed in Rule
75 of the Indiana Rules of Trial Procedure. A case transferred under
this SECTION shall be treated as if the case were filed in Vigo superior
court No. 5.
(c) On July 1, 2000, all property and obligations of Vigo county
court No. 5 become the property and obligations of Vigo superior court
No. 5.
(d) The initial judge of Vigo superior court No. 5 added by
IC 33-5-44.1-1, as amended by this act, shall be the person who is the
Vigo county court No. 5 judge on June 30, 2000. The term of the initial
judge begins July 1, 2000, and ends December 31, 2002. The initial
election of a judge for Vigo superior court No. 5, added by
IC 33-5-44.1-1, as amended by this act, shall be the general election
conducted on November 5, 2002. The term of the initial elected judge
begins January 1, 2003.
(e) This SECTION expires January 1, 2004.
&DNM.2000-45-12
&YENC.2000
&YAMD.2000
SECTION 12. (a) On July 1, 2000, the Dearborn county court is
abolished.
(b) Any case pending in the Dearborn county court after the close
of business on June 30, 2000, is transferred on July 1, 2000, to the
Dearborn superior court established by this act. All cases transferred
under this SECTION that are eligible to be heard by the standard small
claims and misdemeanor division shall be transferred to the standard
small claims and misdemeanor division of the court. A case transferred
under this SECTION shall be treated as if the case were filed in the
Dearborn superior court.
(c) On July 1, 2000, all property and obligations of the Dearborn
county court become the property and obligations of the Dearborn
superior court.
(d) The initial judge of the Dearborn superior court added by this act
shall be the person who is the Dearborn county court judge on June 30,
2000. The term of the initial judge begins July 1, 2000, and ends
December 31, 2002. The initial election of a judge for the Dearborn
superior court added by this act shall be the general election conducted
on November 5, 2002. The term of the initial elected judge begins
January 1, 2003.
(e) This SECTION expires January 2, 2003.
&DNM.2000-45-13
&YENC.2000
&YAMD.2000
SECTION 13. (a) On July 1, 2000, the Blackford county court is
abolished.
(b) Any case pending in the Blackford county court after the close
of business on June 30, 2000, is transferred on July 1, 2000, to the
Blackford superior court established by this act. All cases transferred
under this SECTION that are eligible to be heard by the standard small
claims and misdemeanor division shall be transferred to the standard
small claims and misdemeanor division of the court. A case transferred
under this SECTION shall be treated as if the case were filed in the
Blackford superior court.
(c) On July 1, 2000, all property and obligations of the Blackford
county court become the property and obligations of the Blackford
superior court.
(d) The initial judge of the Blackford superior court added by this
act shall be the person who is the Blackford county court judge on June
30, 2000. The term of the initial judge begins July 1, 2000, and ends
December 31, 2004. The initial election of a judge for the Blackford
superior court added by this act shall be the general election conducted
on November 2, 2004. The term of the initial elected judge begins
January 1, 2005.
&DNM.2000-45-14
&YENC.2000
&YAMD.2000
SECTION 14. (a) On July 1, 2000, the Orange county court is
abolished.
(b) Any case pending in the Orange county court after the close of
business on June 30, 2000, is transferred on July 1, 2000, to the Orange
superior court established by this act. All cases transferred under this
SECTION that are eligible to be heard by the standard small claims and
misdemeanor division shall be transferred to the standard small claims
and misdemeanor division of the court. A case transferred under this
SECTION shall be treated as if the case were filed in the Orange
superior court.
(c) On July 1, 2000, all property and obligations of the Orange
county court become the property and obligations of the Orange
superior court.
(d) The initial judge of the Orange superior court added by this act
shall be the person who is the Orange county court judge on June 30,
2000. The term of the initial judge begins July 1, 2000, and ends
December 31, 2002. The initial election of a judge for the Orange
superior court added by this act shall be the general election conducted
on November 5, 2002. The term of the initial elected judge begins
January 1, 2003.
(e) This SECTION expires January 2, 2003.
&DNM.2000-45-15
&YENC.2000
&YAMD.2000
SECTION 15. (a) On July 1, 2000, the Rush county court is
abolished.
(b) Any case pending in the Rush county court after the close of
business on June 30, 2000, is transferred on July 1, 2000, to the Rush
superior court established by this act. All cases transferred under this
SECTION that are eligible to be heard by the standard small claims and
misdemeanor division shall be transferred to the standard small claims
and misdemeanor division of the court. A case transferred under this
SECTION shall be treated as if the case were filed in the Rush superior
court.
(c) On July 1, 2000, all property and obligations of the Rush county
court become the property and obligations of the Rush superior court.
(d) The initial judge of the Rush superior court added by this act
shall be the person who is the Rush county court judge on June 30,
2000. The term of the initial judge begins July 1, 2000, and ends
December 31, 2002. The initial election of a judge for the Rush
superior court added by this act shall be the general election conducted
on November 5, 2002. The term of the initial elected judge begins
January 1, 2003.
(e) This SECTION expires January 2, 2003.
&DNM.2000-48-7
&DNM.2000-52-6
&YENC.2000
&YAMD.2000
SECTION 6. IC 20-12-19-1, as added by this act, applies to a
student enrolled at a state educational institution after July 31, 2000.
&DNM.2000-52-7
&YENC.2000
&YAMD.2000
SECTION 7. IC 20-12-19-2, IC 20-12-19.5-1, IC 20-12-19.5-2, and
IC 20-12-74-7, all as amended or added by this act, apply to a student
enrolled at a state educational institution after July 31, 2000.
&DNM.2000-54-4
&YENC.2000
&YAMD.2000
SECTION 4. (a) IC 5-10-8-7.8, as added by this act, applies to a
self-insurance program or a contract between the state and a health
maintenance organization established, entered into, amended, or
renewed after June 30, 2000.
(b) IC 27-8-14.8, as added by this act, applies to accident and
sickness insurance policies that are issued, delivered, amended, or
renewed after June 30, 2000.
(c) IC 27-13-7-17, as added by this act, applies to health
maintenance organization contracts that are entered into, amended, or
renewed after June 30, 2000.
(d) This SECTION expires July 1, 2004.
&DNM.2000-60-31
&YENC.2000
&YAMD.2000
SECTION 31. (a) 844 IAC 11-5-3(c) is void. The publisher of the
Indiana Administrative Code and the Indiana Register shall remove this
rule from the Indiana Administrative Code.
(b) Notwithstanding IC 25-34.5-2-10, the medical licensing board
shall accept continuing education courses in the following areas toward
fulfillment of the requirements under IC 25-34.5-2-10(a):
(1) Management of the practice of respiratory care.
(2) Courses concerning the practice of respiratory care that enable
individuals to teach continuing education courses for respiratory
care practitioners.
(3) The practice of respiratory care.
(c) This SECTION expires July 1, 2001.
&DNM.2000-60-32
&YENC.2000
&YAMD.2000
SECTION 32. (a) Before July 1, 2001:
(1) the respiratory care committee shall propose rules under
IC 4-22-2 to implement IC 25-34.5-2-6.1, as added by this act;
and
(2) the medical licensing board shall adopt rules under IC 4-22-2
to implement IC 25-34.5-2-7(1), as amended by this act;
that designate, to the extent reasonably ascertainable, all respiratory
care tasks (as defined in IC 25-34.5-1-9, as added by this act).
(b) In proposing rules under subsection (a)(1), the respiratory care
committee shall receive and consider information provided by all
affected health care providers, including joint consultation with the
following:
(1) The Indiana Hospital and Health Association.
(2) The Indiana Society for Respiratory Care.
(c) In adopting rules under subsection (a)(2), the medical licensing
board shall receive and consider information provided by all affected
health care providers, including joint consultation with the following:
(1) The Indiana Hospital and Health Association.
(2) The Indiana Society for Respiratory Care.
(d) This SECTION expires July 1, 2001.
&DNM.2000-63-3
&YENC.2000
&YAMD.2000
SECTION 3. (a) Before July 15, 2000, the bureau of motor vehicles
shall deposit with the treasurer of state in the special account required
by IC 9-18-2-16, as amended by this act, all donations collected by the
bureau before July 1, 2000, under IC 9-18-2-16, as amended by this act.
Before July 29, 2000, the auditor of state shall distribute the money
deposited in the special account under this SECTION as follows:
(1) Fifty thousand dollars ($50,000) to the Indiana Donation
Alliance Foundation for the establishment of a statewide
telephone donor and patient referral system.
(2) All money remaining in the special account after the payment
required under subdivision (1) to the anatomical gift promotion
fund established under IC 16-19-3-26, as amended by this act.
(b) This SECTION expires July 1, 2001.
chairperson of the legislative council shall appoint one (1) of the
representatives as the chairperson of the work group to serve beginning
July 1, 2000, and ending June 30, 2001.
(d) When appointing two (2) members of the senate to the work
group under subsection (b)(1)(B), the chairperson of the legislative
council shall appoint one (1) of the senators as the chairperson of the
work group beginning on the date of the appointment and ending June
30, 2000. The chairperson of the legislative council shall again appoint
one (1) senator as chairperson of the work group to serve beginning
July 1, 2001 and ending June 30, 2002. The work group shall meet at
the call of the chairperson, however, the work group shall meet not less
than two (2) times each year.
(e) To fill the positions created by subsection (b)(7), the governor
shall appoint one (1) resident of each of the ten (10) congressional
districts in Indiana. Each individual who was appointed by the
governor as a member of the work group on December 31, 1999, under
P.L.239-1997 (before its expiration) is appointed to serve on the work
group until the governor appoints a successor.
(f) Each legislative member of the work group is entitled to receive
the same per diem, mileage, and travel allowances paid to individuals
who serve as legislative members of interim study committees
established by the legislative council.
(g) Each lay member of the work group who is not a state employee
is entitled to receive the same per diem, mileage, and travel allowances
paid to individuals who serve as lay members of interim study
committees established by the legislative council.
(h) The legislative council shall establish a budget for the work
group to pay for per diem, mileage, and travel allowances.
(i) The work group is under the direction of the department of
natural resources. The department may contract with a facilitator to
facilitate the work of the work group. The department of natural
resources shall staff the work group.
(j) The work group shall do the following:
(1) Monitor, review, and coordinate the implementation of the
work group's recommendations issued under P.L.239-1997.
(2) Facilitate collaborative efforts among commonly affected
state, county, and local governmental entities in cooperation with
lake residents and related organizations.
(3) Conduct public meetings to hear testimony and receive written
comments concerning the implementation of the work group's
recommendations.
(4) Develop proposed solutions to problems concerning the
implementation of the work group's recommendations.
(5) Issue reports to the natural resources study committee when
directed to do so.
(6) Review all funding that is currently being utilized for Indiana's
waterways, including potential sources that could be used as a
resource for the Indiana General Assembly to correct funding
problems.
(7) Issue:
(A) an interim report before July 1, 2001; and
status in writing not later than July 1, 2001.
(b) This SECTION expires July 1, 2002.
&DNM.2000-73-3
&YENC.2000
&YAMD.2000
SECTION 3. IC 4-4-6.1-1.1 and IC 6-3.1-7-2, both as amended by
this act, apply to taxable years beginning after December 31, 1999.
&DNM.2000-74-1
&YENC.2000
&YAMD.2000
SECTION 1. (a) The department of correction, in cooperation with
the office of the secretary of family and social services, shall conduct
a study of individuals with developmental disabilities who are:
(1) incarcerated; and
(2) considered to be adults (as defined in IC 11-8-1-2).
(b) The study conducted under subsection (a) must include the
following:
(1) The number of individuals described in subsection (a) who are
identified after October 31, 1999, through current intake testing
procedures.
(2) The types of crimes for which individuals with developmental
disabilities are convicted.
(c) The department of correction and the office of the secretary of
family and social services shall report their findings to the Indiana
commission on mental retardation and developmental disabilities not
later than September 30, 2000.
(d) The report required under subsection (c) must include
recommendations for a comprehensive study of the criminal justice
system and individuals with developmental disabilities who are
incarcerated, on parole, or on probation. The study recommended under
this subsection must include as an objective a comparison of the length
of time actually served by individuals with developmental disabilities
and the length of time actually served for similar offenses by
individuals without developmental disabilities.
(e) This SECTION expires December 31, 2000.
&DNM.2000-75-5
&YENC.1997
&YAMD.2000
SECTION 5. (a) The governor shall make the initial appointments
to the Indiana hypnotist committee established by IC 25-20.5-1-7, as
added by this act, before July 1, 1997.
(b) Notwithstanding IC 25-20.5-1-7, as added by this act, the initial
terms of office of the members of the Indiana hypnotist committee are
as follows:
(1) One (1) hypnotist member and the licensed psychologist
member for terms of one (1) year.
(2) One (1) hypnotist member and the consumer member for
terms of two (2) years.
&DNM.2000-78-4
&YENC.2000
&YAMD.2000
SECTION 4. (a) IC 5-10-8-7.7, as added by this act, applies to a
self-insurance program or a contract to provide health services through
a prepaid health care delivery plan that is established, delivered,
entered into, or renewed after June 30, 2000.
(b) IC 27-8-14.1, as added by this act, applies to policies issued,
delivered, amended, or renewed after June 30, 2000.
(c) IC 27-13-7-14.5, as added by this act, applies to contracts
entered into, delivered, amended, or renewed after June 30, 2000.
(d) This SECTION expires July 1, 2002.
&DNM.2000-82-20
&YENC.2000
&YAMD.2000
SECTION 20. The rules adopted by the board of registration for
architects before July 1, 2000, are considered, after June 30, 2000, to
be rules of the board of registration for architects and landscape
architects.
&DNM.2000-85-7
&YENC.1996
&YAMD.2000
SECTION 7. (a) The treasurer of state, the board for depositories,
the Indiana commission for higher education, and the state student
assistance commission shall cooperate and provide to the Indiana
education savings authority the following:
(1) Clerical and professional staff and related support.
(2) Office space and services.
(3) Reasonable financial support for the development of rules,
policies, programs, and guidelines, including authority operations
and travel.
(b) This SECTION expires July 1, 2001.
&HST.As added by P.L.165-1996, SEC.3. Amended by P.L.85-2000,
SEC.7.&EHST.
&DNM.2000-88-2
&YENC.2000
&YAMD.2000
SECTION 2. IC 27-1-13-3.5, as amended by this act, applies to
financial statements filed by an insurer after December 31, 1999.
&DNM.2000-90-24
&YENC.2000
&YAMD.2000
SECTION 24. IC 11-10-11.5, as amended by this act, applies only
to persons whose community transition program commencement date
(as defined in IC 11-10-11.5-6, as amended by this act), occurs after
August 31, 1999.
&DNM.2000-93-5
&YENC.2000
&YAMD.2000
SECTION 5. (a) Not later than May 1, 2000, each school
corporation shall do the following:
(1) Adjust its September 1999 ADM count to take into
consideration the provisions of IC 21-3-1.6-1.2, as added by this
act, regardless of the effective date of IC 21-2-1.6-1.2.
(2) Report the adjusted ADM count to the department of
education.
(b) The provisions of IC 21-3-1.6-1.2, as added by this act, do not
apply to:
(1) the 2000 calculation of tuition support for school corporations
under IC 21-3-1.7-8;
(2) ADM for 2000 when determining at risk distributions under
IC 21-3-1.7-9.7;
(3) the 2000 calculation of primetime under IC 21-1-30; or
&DNM.2000-93-6
&YENC.2000
&YAMD.2000
SECTION 6. (a) Notwithstanding IC 21-3-1.6-1.2, as added by this
act, and IC 21-3-1.7, the tuition support determined under
IC 21-3-1.7-8 for a school corporation shall be reduced as follows:
(1) For 2001, the previous year's revenue determined without
regard to IC 21-3-1.6-1.2, as added by this act, shall be reduced
by an amount determined under the following STEPS:
STEP ONE: Determine the difference between:
(A) the school corporation's average daily membership count
for 2000, without regard to IC 21-3-1.6-1.2, as added by this
act; minus
(B) the school corporation's average daily membership count
for 2000, as adjusted by the school corporation under this
act after applying IC 21-3-1.6-1.2, as added by this act.
STEP TWO: Determine the result of:
(A) the school corporation's previous year's revenue under
IC 21-3-1.7-3.1, without regard to IC 21-3-1.6-1.2, as added
by this act; divided by
(B) the school corporation's average daily membership for
2000, without regard to IC 21-3-1.6-1.2, as added by this
act.
STEP THREE: Multiply the STEP ONE result by the STEP
TWO result.
STEP FOUR: Multiply the STEP THREE result by one-third
(1/3).
(2) For 2002, the previous year revenue determined without
regard to IC 21-3-1.6-1.2, as added by this act, shall be reduced
by an amount equal to the result under STEP FOUR of
subdivision (1) multiplied by one and three-hundredths (1.03).
(3) For 2003, the previous year revenue determined without
regard to IC 21-3-1.6-1.2, as added by this act, shall be reduced
by an amount equal to the reduction amount under subdivision (2)
multiplied by one and three-hundredths (1.03).
(b) This SECTION expires January 1, 2004.
&DNM.2000-93-7
&YENC.2000
&YAMD.2000
SECTION 7. (a) Notwithstanding IC 21-3-1.6-1.2, as added by this
act, and IC 21-3-1.7-6.6, for 2001, a school corporation's "adjusted
ADM", for purposes of IC 21-3-1.7, is determined under the following
STEPS:
STEP ONE: Determine the school corporation's adjusted ADM
under IC 21-3-1.7-6.6 for 2001. For purposes of determining
adjusted ADM for 2001, 2000 ADM is without regard to
IC 21-3-1.6-1.2.
STEP TWO: Determine the difference between:
(A) the school corporation's average daily membership count
for 2000, without regard to IC 21-3-1.6-1.2, as added by this
act; minus
(B) the school corporation's average daily membership count
for 2000, as adjusted by the school corporation under this act
after applying IC 21-3-1.6-1.2, as added by this act.
STEP THREE: Multiply the STEP TWO result by twenty-seven
percent (27%).
STEP FOUR: Determine the greater of zero (0) or the result of:
(A) the school corporation's average daily membership count
for 2001; minus
(B) the school corporation's average daily membership count
for 2000, as adjusted by the school corporation under this act
after applying IC 21-3-1.6-1.2, as added by this act, regardless
of the effective date of IC 21-3-1.6-1.2.
STEP FIVE: Multiply the STEP FOUR result by twenty-seven
percent (27%).
STEP SIX: Determine the greater of zero (0) or the result of:
(A) the STEP THREE result; minus
(B) the STEP FIVE result.
STEP SEVEN: Determine the result of:
(A) the STEP ONE result; minus
(B) the STEP SIX result.
(b) This SECTION expires January 1, 2004.
&DNM.2000-93-8
&YENC.2000
&YAMD.2000
SECTION 8. (a) Notwithstanding IC 21-3-1.6-1.2, as added by this
act, and IC 21-1-30, the primetime distribution determined under
IC 21-1-30 for a school corporation shall be reduced as follows:
(1) For 2001, the primetime amount under IC 21-1-30 the school
corporation received for the previous year without regard to
IC 21-3-1.6-1.2, as added by this act, shall be reduced by an
amount determined under the following STEPS:
STEP ONE: Determine the difference between:
(A) the school corporation's primetime distribution for 2000,
without regard to IC 21-3-1.6-1.2, as added by this act;
minus
(B) the school corporation's primetime distribution for 2000,
after applying IC 21-3-1.6-1.2, as added by this act.
STEP TWO: Multiply the STEP ONE result by one-third (1/3).
(2) For 2002 through 2003, the primetime amount under
IC 21-1-30 that the school corporation received for the previous
year without regard to IC 21-3-1.6-1.2, as added by this act, shall
be reduced by an amount equal to the result under STEP TWO of
subdivision (1).
(b) This SECTION expires January 1, 2004.
&DNM.2000-96-9
&YENC.1996
&YAMD.2000
SECTION 9. (a) The department of education and the state board of
tax commissioners shall select pilot school corporations under
subsection (b). Beginning January 1, 1997, the school corporations
selected under subsection (b) shall comply with SECTIONS 1 through
18 of this act as if those SECTIONS were effective January 1, 1997.
(b) Before October 1, 1996, the department of education and the
state board of tax commissioners shall meet to select ten (10) pilot
school corporations. The pilot school corporations shall be selected
with the objective that the pilot school corporations collectively
represent a broad range of the different types and sizes of school
corporations that exist in Indiana. In order to achieve this objective, the
department of education and the state board of tax commissioners shall
select the pilot school corporations based on the following criteria:
(1) The size of the student population within the corporation.
(2) The size of the geographic territory served by the corporation.
(3) The average growth of the property tax assessed valuation
within the corporation's district over the preceding three (3) years.
(4) The growth or decline of the ADM (as defined in
IC 21-3-1.6-1.1) within the corporation over the preceding three
(3) years, excluding any year in which there is a general
reassessment.
(5) The extent of urban development in the corporation.
(6) Any other factors the department of education and the state
board of tax commissioners determine are necessary to
distinguish a group or category of school corporations that
deserve representation by a pilot school corporation.
(c) All state and local governmental officials whose official
functions relate to this act shall cooperate with the department of
education, the state board of tax commissioners, and the pilot school
corporations to implement this act.
&HST.As added by P.L.50-1996, SEC.153. Amended by P.L.96-2000,
SEC.9.&EHST.
&DNM.2000-97-1
&YENC.2000
historical society, the Princeton Township trustee must give the
historical society a deed to the real estate or portion of the real estate.
The deed for the real estate or portion of the real estate must contain
the following provisions:
(1) That the historical society may not transfer the real estate to
another entity.
(2) That if the historical society ceases to exist the real estate
reverts to the Princeton Township. However, if the office of the
township trustee is no longer in existence when the historical
society ceases to exist, then the White County circuit court shall:
(A) place a notice in a publication of general circulation in
Princeton Township to receive comments from the citizens of
Princeton Township concerning the real estate; and
(B) appoint a trustee and advisory board consisting of
residents of Princeton Township to oversee the real estate.
(f) The historical society must record the deed given under
subsection (e).
(g) The Princeton Township trustee may give to the historical
society equipment, artifacts, and other personal property owned by
Princeton Township that are relevant to the history of Anson Wolcott
or the Anson Wolcott real estate.
(h) This SECTION expires July 1, 2002.
&DNM.2000-98-31
&YENC.2000
&YAMD.2000
SECTION 31. (a) This SECTION applies to a township having a
population of more than six hundred (600) but less than six hundred
thirty-five (635) located in a county having a population of more than
twelve thousand six hundred (12,600) but less than thirteen thousand
(13,000).
(b) Notwithstanding IC 36-1-8-4, a township may transfer eight
thousand two hundred dollars ($8,200) from the township's fire fund to
the township's general fund. The township is not required to return the
money to the fire fund.
(c) A township may reduce the maximum permissible levy for the
township's fire fund under IC 6-1.1-18.5 by four thousand dollars
($4,000). The township may increase the maximum permissible levy
for the township's general fund under IC 6-1.1-18.5 by four thousand
dollars ($4,000).
(d) This SECTION applies to property taxes first due and payable
after December 31, 2000.
(e) This SECTION expires December 31, 2001.
&DNM.2000-100-1
&YENC.2000
&YAMD.2000
SECTION 1. (a) The office of the secretary of family and social
services shall develop and submit to the federal Health Care Financing
Administration proposals to do the following:
(1) Fund adult foster care and assisted living services through the
Medicaid waiver program.
(2) Expand adult day care services available through the aged and
disabled Medicaid waiver.
(b) The proposals under subsection (a) must be reviewed by the
community and home options to institutional care for the elderly and
disabled (CHOICE) board established under IC 12-10-11 before the
proposals are submitted to the federal Health Care Financing
Administration regarding the following:
(1) The definitions of adult foster care and assisted living.
(2) The number of individuals to be served by each waiver.
(3) The schedule of services to be delivered to individuals served
by each waiver.
(4) Consumer eligibility standards established for each waiver.
(5) The means for expanding adult day care services.
(6) The number of individuals to be served by expanded adult day
care services.
(7) Administrative oversight standards for each waiver described
in this SECTION.
(c) The office of the secretary of family and social services must
receive input from affected providers and consumers when drafting the
language of applications for Medicaid waivers described in this
SECTION.
(d) The office of the secretary of family and social services may
submit the proposals described in this SECTION to the federal Health
Care Financing Administration as amendments to existing waivers.
(e) The proposals described in this SECTION must be submitted to
the federal Health Care Financing Administration before October 1,
2000.
(f) The office of the secretary of family and social services shall
report to the legislative council, the governor, and the CHOICE board
before January 1, 2001, regarding implementation of the provisions of
this SECTION.
(g) This SECTION expires January 1, 2002.
&DNM.2000-101-12
&YENC.2000
&YAMD.2000
SECTION 12. (a) For each township contained in a particular
county, the county auditor shall determine the amount, if any, of the
unencumbered balance held by the county in the township's poor relief
account as of January 1, 2001. The county shall transfer the amount
determined for each township to the respective township not later than
January 10, 2001.
(b) This SECTION expires January 11, 2001.
&DNM.2000-102-3
&YENC.2000
&YAMD.2000
SECTION 3. (a) Notwithstanding IC 25-14-1-27.1, the state board
of dental examiners may classify a dental license as inactive if the
board receives written notification from a licensed dentist stating that
the licensed dentist retired from the practice of dentistry in Indiana
after July 1, 1990, and before July 1, 1995, and the dentist can
demonstrate to the board that the dentist is fit to resume the practice of
dentistry.
(b) This SECTION expires July 1, 2000.
&DNM.2000-103-3
&YENC.2000
&YAMD.2000
SECTION 3. (a) This SECTION applies to a county plan
commission that did not have a township trustee appointed to the plan
commission as a member in accordance with IC 36-7-4-208(a)(5) on
or after October 1, 1999.
(b) The acts of the plan commission taken after September 30, 1999,
and before the effective date of IC 36-7-4-208, as amended by this act,
are legalized.
&DNM.2000-105-2
&YENC.2000
&YAMD.2000
SECTION 2. (a) As used in this SECTION, "board" has the meaning
set forth in IC 15-6-4-1, as added by this act.
(b) As used in this SECTION, "commissioner" refers to the
commissioner of agriculture or the commissioner's designee.
(c) As used in this SECTION, "producer" has the meaning set forth
in IC 15-6-4-6, as added by this act.
(d) Notwithstanding IC 15-6-4-10 through IC 15-6-4-11, as added
by this act, the commissioner shall, not later than thirty (30) days after
the effective date of this act:
(1) determine:
(A) the percentage of the state's milk marketings produced by
each producer registered with the state board of animal health
or the United States Department of Agriculture; and
(B) the number of representatives, if any, each producer is
entitled to have on the board; and
(2) inform each producer described in subdivision (1)(A) of the
determinations made under subdivision (1).
(e) The commissioner shall make the determinations required under
this SECTION based upon:
(1) the 1999 year-end milk marketing figures from the United
States Department of Agriculture; and
(2) the formula prescribed under IC 15-6-4-12, as added by this
act.
(f) Notwithstanding IC 15-6-4-12, as added by this act, the
commissioner shall appoint the initial members of the board. Not later
than thirty (30) days after receiving a notice from the commissioner
under subsection (d), a producer or group of producers entitled to
representation on the board may submit nominations to the
commissioner for initial board members.
(g) A producer or group of producers may submit two (2)
nominations for each initial board member to which the producer or
group of producers is entitled.
(h) Not later than thirty (30) days after the close of the period for
initial submission of nominations under subsection (g), the
commissioner shall appoint initial board members from among the
nominations made in accordance with IC 15-6-4-12, as added by this
act.
(i) If a producer or group of producers entitled to representation on
the initial board fails to submit a nomination, the commissioner may
appoint any individual who meets the requirements of IC 15-6-4-9(c),
as added by this act, to represent the producer or group of producers.
&DNM.2000-105-3
&YENC.2000
&YAMD.2000
SECTION 3. (a) Notwithstanding IC 15-6-4-13(a), as added by this
act, the terms of the initial members of the dairy industry development
board must be staggered so that:
(1) one-third (1/3) of the members are appointed for terms of one
(1) year;
(2) one-third (1/3) of the members are appointed for terms of two
(2) years; and
(3) one-third (1/3) of the members are appointed for terms of
three (3) years.
(b) The commissioner of agriculture shall determine which
members are to be appointed for a term of one (1) year, two (2) years,
or three (3) years under subsection (a).
(c) This SECTION expires January 1, 2004.
&DNM.2000-107-2
&YENC.1997
&YAMD.2000
SECTION 2. (a) This SECTION applies to the circuit and superior
courts of a county having a population of more than three hundred
thousand (300,000) but less than four hundred thousand (400,000) in
which dissolution of marriage actions are filed.
(b) Notwithstanding IC 33-19-5-4, if a county meets the
requirements of this SECTION, the clerk of the court shall collect from
the party filing a dissolution of marriage action under IC 31 after
December 31, 1997, a civil costs fee of one hundred twenty dollars
($120). Within thirty (30) days after the clerk collects a fee, the clerk
shall forward to the county auditor the difference between the fees
collected under this subsection and the fees that would have been
collected under IC 33-19-5-4. The county auditor shall deposit the fees
forwarded by the clerk under this subsection into the alternative dispute
resolution fund of the court for which the fees were collected.
(c) There is established an alternative dispute resolution fund for the
circuit court and an alternative dispute resolution fund for the superior
court. The exclusive source of money for each fund shall be the fees
collected under subsection (b) for the circuit or superior court,
respectively. The funds shall be used to foster alternative dispute
resolution, including mediation, reconciliation, and parental
counseling. Litigants referred by the court to services covered by the
fund shall be required to make a copayment for the services in an
amount determined by the court. The funds shall be administered by
the circuit or superior court, respectively. Money in each fund at the
end of a fiscal year does not revert to the county general fund, but
remains in the fund for the uses specified in this subsection.
(d) A county desiring to participate in the program under this
SECTION must submit an initial plan to the Indiana judicial
conference not later than September 30, 1997. The plan must include
information concerning how the county proposes to carry out the
purposes of the alternative dispute resolution fund as set out in
subsection (c). The judicial conference shall determine from the plan
submitted under this subsection whether to approve the county's
participation in the program. The county may amend the plan submitted
under this subsection at any time with the approval of the judicial
conference. The judicial conference may request such additional
information from the county as necessary to assist in a determination
under this subsection.
(e) A county that participates in the program under this SECTION
shall submit a report to the Indiana judicial conference not later than
December 31, 1999, summarizing the results of the program through
1999. The county shall submit a final report to the Indiana judicial
conference not later than December 31, 2001.
(f) This SECTION expires July 1, 2002.
&HST.As added by P.L.199-1997, SEC.7. Amended by P.L.107-2000,
SEC.2.&EHST.
&DNM.2000-112-6
&YENC.2000
&YAMD.2000
SECTION 6. (a) As used in this SECTION, "department" refers to
the department of environmental management.
(b) The department shall prepare a report that includes the
following:
(1) A comprehensive and detailed report that:
(A) describes plans for restoration of the White River; and
(B) sets forth the department's recommendations for changes
in statutes, rules, or procedures and practices of the
department to:
(i) reduce the probability of contamination events; and
(ii) improve the timeliness and efficiency of protocols and
procedures for notice to affected entities if such an event
occurs in the future.
(2) A complete list of all events of contamination of waters of the
state after December 31, 1994, in which fish or other aquatic
species were killed and in which civil penalties were imposed
under IC 13-30-4 (or under the law that governed the imposition
of civil penalties before the enactment of IC 13-30-4), including
the following:
(A) A description of the contamination event.
(B) The date the contamination event occurred.
&DNM.2000-112-8
&YENC.2000
&YAMD.2000
SECTION 8. (a) A reference in this SECTION to a provision of the
Indiana Administrative Code or Code of Federal Regulations includes
a reference to a successor provision.
(b) "Construction" has the meaning set forth in 326 IAC 1-2-21.
(c) "Modification" has the meaning set forth in 326 IAC 1-2-42.
(d) "Operation" has the meaning set forth in 326 IAC 2-1.1-1(11).
(e) "Process" has the meaning set forth in 326 IAC 2-1.1-1(17).
(f) "Regulated pollutant" has the meaning set forth in 326
IAC 1-2-66.
(g) Where a rule of the air pollution control board lists emission
units, operations, or processes of which construction or modification
are exempt from the requirement to obtain a registration, permit,
modification approval, or permit revision, the air pollution control
board may not condition such exemption on whether the potential to
emit any regulated pollutant from the construction or modification
exceeds an emission threshold establishing the requirement to obtain
a registration, permit, modification approval, or permit revision under
326 IAC 2.
(h) This SECTION does not apply to construction or modification:
(1) subject to federal prevention of significant deterioration
requirements as set out in 326 IAC 2-2 and 40 CFR 52.21;
(2) subject to nonattainment new source review requirements
as set out in 326 IAC 2-3;
(3) at a source that has an operation permit issued under 326
IAC 2-7, where the construction or modification would be
considered a Title I modification under 40 CFR Part 70; or
(4) that would result in the source needing to make a transition to
an operating permit issued under 326 IAC 2-6.1, 326 IAC 2-7, or
326 IAC 2-8.
&DNM.2000-112-9
&YENC.2000
&YAMD.2000
SECTION 9. (a) Before January 1, 2002, the air pollution control
board shall amend 326 IAC 2-1.1-3 to reflect SECTION 7 of this act.
(b) This SECTION expires on the earlier of the following:
(1) The effective date of the rule amendment adopted under
subsection (a).
(2) January 1, 2002.
&DNM.2000-118-29
&YENC.2000
&YAMD.2000
SECTION 29. (a) The 1977 fund advisory committee established by
IC 36-8-8-4 shall before November 1, 2000, determine which surviving
spouses, children, or parents receiving benefits under IC 36-8-6,
IC 36-8-7, or IC 36-8-7.5 are survivors of police officers or firefighters
who died in the line of duty before September 1, 1982.
(b) This SECTION expires January 1, 2002.
&DNM.2000-124-6
&YENC.2000
&YAMD.2000
SECTION 6. (a) A judge of the Delaware superior court under
IC 33-5-12.1 (repealed by this act) serving on the Delaware superior
court on June 30, 2000, is entitled to serve as a judge of the Delaware
circuit court created by IC 33-4-12, as added by this act, for a term
beginning July 1, 2000. The judge may serve as judge of the Delaware
circuit court under IC 33-4-12, as added by this act, until expiration of
the Delaware superior court term that the judge was serving on June
30, 2000.
(b) The superior court for Delaware County is abolished as of July
1, 2000, and all matters pending in the Delaware superior court on June
30, 2000, shall be transferred to the Delaware circuit court in
accordance with the venue requirements prescribed under Rule 75 of
the Indiana Rules of Trial Procedure. These matters have the same
effect as if originally filed in or issued by the Delaware circuit court.
(c) This SECTION expires January 1, 2003.
&DNM.2000-124-7
&YENC.2000
&YAMD.2000
SECTION 7. Floyd superior court and Floyd circuit court shall
provide for the orderly transfer of probate and trust cases from the
Floyd superior court to the Floyd circuit court upon the effective date
of this SECTION. IC 33-5-18.1-3, as amended by this act, does not
apply to orders issued by the Floyd superior court before the effective
date of IC 33-5-18.1-3, as amended by this act. A proceeding or order
of the Floyd superior court in a probate or trust matter conducted or
issued before the effective date of IC 33-5-18.1-3, as amended by this
act, shall be treated on and after the effective date of IC 33-5-18.1-3,
as amended by this act, as if the proceeding or order was conducted or
ordered by the Floyd circuit court.
&DNM.2000-126-8
&YENC.2000
&YAMD.2000
SECTION 8. (a) This SECTION applies to a property owner that:
(1) before January 1, 1999, received a notice from a consolidated
city that offered to provide assessed value deductions to the
property owner under IC 6-1.1-12.1;
(2) has fulfilled all expectations of the consolidated city
concerning job creation or retention, capital investment, and other
requirements imposed by the consolidated city; and
(3) is not eligible for the assessed value deductions described in
the agreement because of the failure of the property owner or the
consolidated city, or both, to comply with one (1) or more
requirements of IC 6-1.1-12.1.
(b) Notwithstanding IC 6-1.1-12.1, the consolidated city may grant
the assessed value deductions described in subsection (a) if, before July
1, 2000, both the property owner and the consolidated city complete all
the procedures required by IC 6-1.1-12.1 that would have been
necessary to comply with IC 6-1.1-12.1 and grant the deductions
described in subsection (a).
(c) Assessed value deductions granted under this SECTION apply
to property taxes first due and payable after December 31, 1997.
However, the interest provided for in IC 6-1.1.-37-11 does not apply to
a property tax refund due the property owner as a result of this
SECTION.
(d) This SECTION expires July 2, 2000.
&DNM.2000-126-9
&YENC.2000
&YAMD.2000
SECTION 9. IC 6-1.1-10-16, as amended by this act, applies to
assessments for March 1, 2000, and property taxes first due and
payable after December 31, 2000.
&DNM.2000-129-1
&YENC.2000
&YAMD.2000
SECTION 1. (a) As used in this SECTION, "department" refers to
the department of environmental management.
(b) As used in this SECTION, "excess liability fund" refers to the
underground petroleum storage tank excess liability trust fund
established by IC 13-23-7-1.
(c) Before September 1, 2000, the department shall develop a
nonrule policy document under IC 13-23 to address the circumstances
in which a spill or release from an underground storage tank may have
migrated to real property that is owned or operated by a person or entity
that does not own or operate the site where the underground storage
tank is located. The nonrule policy document shall address the
following:
(1) Guidance for addressing the need for a responsible party to
undertake a reasonable, good faith effort to obtain access to
offsite property impacted by a petroleum release or spill.
(2) Guidance for addressing:
(A) when the department may issue an order granting a
responsible party offsite access; and
(B) the department's subsequent exercising of its discretion in
pursuing an enforcement action against a responsible party for
failing to determine the extent of offsite contamination.
(3) Guidance for addressing when the department and its excess
liability trust fund may approve for reimbursement under that
fund the costs of a responsible party's investigation and
remediation efforts, including an initial site characterization and
corrective action plan, when offsite contamination has not been
fully delineated because of lack of offsite access.
(d) The department shall work with interested stakeholders in
developing the nonrule policy document and keep the environmental
quality service council apprised of its efforts to develop the nonrule
policy document.
(e) This SECTION expires January 1, 2001.
&DNM.2000-130-2
&YENC.2000
&YAMD.2000
SECTION 2. (a) IC 20-12-61-2, as amended by this act, is intended
to clarify the mission of Ivy Tech State College in helping to promote
education and economic development by providing skills assessment
and training services.
(b) This SECTION expires January 1, 2006.
&DNM.2000-132-11
&YENC.2000
&YAMD.2000
SECTION 11. (a) Notwithstanding the amendment of IC 13-18-11
by this act, a certificate that is issued to a water treatment plant
operator or water distribution system operator under IC 13-18-11
before September 1, 2000, must, to remain in effect, be renewed not
later than two (2) years after it was issued.
(b) A certificate of a water treatment plant operator or water
distribution system operator that is renewed under IC 13-18-11 before
September 1, 2000, is renewed for a two (2) year period.
(c) A certificate of a water treatment plant operator or water
distribution system operator that is issued after August 31, 2000, is
subject to the triennial certificate renewal requirements set forth in
IC 13-18-11-6.5, as added by this act.
(d) A certificate of a water treatment plant operator or water
distribution system operator that is renewed after August 31, 2000, is
renewed for a three (3) year period under the triennial certificate
renewal requirements set forth in IC 13-18-11-6.5, as added by this act.
&DNM.2000-138-10
&YENC.
&YAMD.
(Repealed by P.L.218-2000, SEC.11.)
&DNM.2000-140-23
&YENC.2000
&YAMD.2000
SECTION 23. (a) As used in this SECTION, "NPDES" refers to a
National Pollutant Discharge Elimination System.
(b) As used in this SECTION, "combined sewer" has the meaning
set forth in IC 13-11-2-31.4.
(c) The water pollution control board established under IC 13-18-1
shall adopt a rule before September 1, 2001, establishing requirements
for community notification by NPDES permit holders of the potential
health impact of combined sewer overflows whenever information from
any reliable source indicates that:
(1) a discharge or discharges from one (1) or more combined
sewer overflow points is occurring; or
(2) there is a reasonable likelihood that a discharge or discharges
from one (1) or more combined sewer overflow points will occur
within the next twenty-four (24) hours.
(d) This SECTION expires January 1, 2002.
&DNM.2000-140-24
&YENC.2000
&YAMD.2000
SECTION 24. (a) As used in this SECTION, "combined sewer" has
the meaning set forth in IC 13-11-2-31.4.
(b) As used in this SECTION, "long term control plan" has the
meaning set forth in IC 13-11-2-120.5.
(c) As used in this SECTION, "use attainability analysis" has the
meaning set forth in IC 13-11-2-242.5.
(d) Before October 1, 2000, the department of environmental
management shall provide guidance to all combined sewer overflow
communities explaining the requirement of the use attainability
analysis and the long term control plan to aid communities in
determining how to comply with the requirements. This guidance must
clearly identify, to the extent possible, all of the appropriate data and
information required by the department of environmental management
for a permit holder's long term control plan that will also satisfy the
requirements of a use attainability analysis. The guidance must include
information regarding minimization of industrial discharges in wet
weather events.
(e) The department shall report to the environmental quality service
council at each meeting of the council the progress of guidance given
under this SECTION.
(f) This SECTION expires January 1, 2001.
&DNM.2000-140-27
&YENC.2000
&YAMD.2000
SECTION 27. (a) Until October 1, 2002, the following apply to a
water body designated before October 1, 2002, as an exceptional use
water:
(1) The water body is subject to the overall water quality
improvement provisions of IC 13-18-3-2(l), as added by this act.
(2) The water body is not subject to a standard of having its water
quality maintained and protected without degradation consistent
with the provisions of this act.
(b) Before October 1, 2002, the water pollution control board
established under IC 13-18-1 shall:
(1) determine whether, effective October 1, 2002, to designate as
an outstanding state water each water designated before October
1, 2002, as an exceptional use water under 327 IAC 2-1-11; and
(2) complete rulemaking to make any designation determined
under subdivision (1).
(c) This SECTION expires January 1, 2003.
&DNM.2000-140-28
&YENC.2000
&YAMD.2000
SECTION 28. (a) As used in this SECTION, "board" refers to the
water pollution control board established under IC 13-18-1.
(b) Before October 1, 2003, the board shall establish policies and
rules to govern the implementation of total maximum daily load
requirements of Section 303(d) of the Clean Water Act, 33 U.S.C.
1313(d).
(c) Before July 1, 2000, the department shall appoint a working
group of stakeholders with respect to the implementation of maximum
daily load requirements as described in subsection (b). The working
group shall consider and make recommendations to the department of
environmental management and the board on identification of issues,
the development of policy options, policy adoption, and rulemaking.
The working group must include representatives from:
(1) the general public;
(2) municipalities;
(3) industry;
(4) business;
(5) agriculture;
(6) environmental advocacy groups; and
(7) others with a high level of expertise in the subject area to be
considered by the working group.
(d) The working group appointed under subsection (c) must also
include the following members:
(1) a representative of the environmental quality service council;
(2) a technical secretary; and
(3) a member of the board.
(e) This SECTION expires October 1, 2003.
&DNM.2000-142-3
&YENC.2000
&YAMD.2000
SECTION 3. A hospital (as defined in IC 12-15-11.5-1, as added by
this act) and the managed care contractor of the office (as defined in
IC 12-7-2-134) shall use the arbitration procedure in IC 12-15-11.5-8,
as added by this act, for the resolution of all disputed claims (as defined
in IC 12-15-11.5-6, as added by this act) that have accrued as of the
effective date of IC 12-15-11.5, as added by this act.