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&DNM.2001-7-1
&YENC.
&YAMD.
(Repealed by P.L.54-2004, SEC.6.)
&DNM.2001-14-20
&YENC.2001
&YAMD.2001
SECTION 20. (a) Any money in the underground storage tank
guaranty fund established by IC 13-23-10, as repealed by this act, on
June 29, 2001, shall be transferred to the state general fund on June 30,
2001.
(b) This SECTION expires July 1, 2001.
&DNM.2001-15-3
&YENC.2001
&YAMD.2001
&DNM.2001-17-31
&YENC.2001
&YAMD.2001
SECTION 31. (a) IC 31-34-1-2, IC 35-38-1-7.1, IC 35-42-1-1,
IC 35-45-6-1, IC 35-47-4-5, IC 35-48-1-18, IC 35-48-4-1,
IC 35-48-4-2, IC 35-48-4-3, IC 35-48-4-4, IC 35-48-4-6, IC 35-48-4-7,
IC 35-48-4-10, IC 35-48-4-13, and IC 35-50-2-2, all as amended by this
act, and IC 22-11-20-6, IC 35-48-4-4.1, IC 35-41-1-29, as added by this
act, apply only to offenses committed after June 30, 2001.
(b) IC 34-30-3-2, as added by this act, applies only to a cause of
action that accrues after June 30, 2001. The enactment of IC 34-30-3-2,
as added by this act, may not be considered in determining liability for
a cause of action that accrues before July 1, 2001.
(c) IC 35-33-5-5, as amended by this act, applies to all actions of a
law enforcement agency taken after June 30, 2001.
(d) The amendment of IC 35-38-2.6-1 by this act shall not be
construed to reduce or invalidate a sentence imposed before July 1,
2001.
&DNM.2001-19-2
&YENC.2001
&YAMD.2001
SECTION 2. IC 34-12-3, as added by this act, applies only to actions
filed after the effective date of this act.
&DNM.2001-32-3
&YENC.2001
&YAMD.2001
SECTION 3. IC 6-2.1-3-16, as amended by this act, and
IC 6-2.1-3-16.5, as added by this act, apply to taxable years beginning
after December 31, 2000.
&DNM.2001-47-2
&YENC.2001
&YAMD.2001
SECTION 2. IC 6-3-2-9, as amended by this act, applies only to
taxable years beginning after December 31, 2001.
&DNM.2001-48-2
&YENC.2001
&YAMD.2001
SECTION 2. The amendments to IC 35-41-4-2 made by this act
apply to all crimes regardless of whether the crime was committed
before, on, or after July 1, 2001.
&DNM.2001-54-12
&YENC.2001
&YAMD.2001
&DNM.2001-55-4
&YENC.2001
&YAMD.2001
SECTION 4. (a) Not later than September 1, 2001, the budget agency
shall establish the terms and conditions under which it will make grants
to political subdivisions under IC 13-18-21-25(b)(2), as added by this
act.
(b) The budget agency shall consult with representatives of:
(1) political subdivisions; and
(2) other entities identified by the budget agency that have an
interest in the terms and conditions to be established under
subsection (a);
in developing the terms and conditions to be established under
subsection (a).
(c) This SECTION expires September 2, 2001.
&DNM.2001-60-3
&YENC.2001
&YAMD.2001
SECTION 3. (a) The definitions in IC 10-1-9 apply throughout this
SECTION.
(b) The superintendent may develop and issue guidelines under
IC 10-1-9-11, as amended by this act, at any time after the effective
date of this SECTION.
(c) Not later than September 1, 2001, the superintendent shall
designate at least three (3) counties to implement IC 10-1-9-10(d)(2),
as amended by this act, for offenders convicted after August 31, 2001.
The superintendent shall evaluate the manner in which
IC 10-1-9-10(d)(2), as amended by this act, is implemented. Not later
than December 31, 2001, the superintendent shall provide the
executive director of the legislative services agency with a written
report that includes at least the following:
(1) A statement indicating which counties have implemented
IC 10-1-9-10(d)(2), as amended by this act.
(2) A description of the process used to collect and ship DNA
samples from the counties in which IC 10-1-9-10(d)(2), as
amended by this act, has been implemented.
(3) An analysis of any problems encountered in the implementation
of IC 10-1-9-10(d)(2), as amended by this act.
(4) An analysis of any problems that may be encountered in
implementation of IC 10-1-9-10(d)(2), as amended by this act, on
a statewide basis.
(5) Specific recommendations for legislative action needed to more
efficiently and effectively implement IC 10-1-9-10(d)(2), as
amended by this act.
(d) This SECTION expires July 1, 2002.
&DNM.2001-63-31
&DNM.2001-66-5
&YENC.2001
&YAMD.2001
SECTION 5. (a) Notwithstanding IC 27-8-28-19 and IC 27-8-29-21,
both as added by this act, the information required under IC 27-8-28-19
and IC 27-8-29-21, both as added by this act, must be filed beginning
March 1, 2003.
(b) This SECTION expires June 30, 2005.
&DNM.2001-69-1
&YENC.2001
&YAMD.2001
&BTN.In (d) after "waiver, the office" insert in bold "of Medicaid
policy and planning".&ETN.
SECTION 1. (a) As used in this SECTION, "waiver" means a Section
1115 demonstration waiver under the federal Social Security Act (42
U.S.C. 1315).
(b) As used in this SECTION, "children's health insurance program"
means the program established under IC 12-17.6.
(c) Before September 1, 2001, the office of Medicaid policy and
planning shall apply to the United States Department of Health and
Human Services for approval of a waiver to provide coverage for dental
and vision services under the children's health insurance program to a
child who:
(1) has health insurance coverage (as defined in 42 U.S.C.
300gg-91); or
(2) is covered under a group health plan (as defined in 42 U.S.C.
300gg-91);
but does not have coverage for dental services or vision services and is
otherwise eligible for coverage under the children's health insurance
program.
(d) If a provision of this SECTION differs from the requirements of
a waiver, the office shall submit the waiver request in a manner that
complies with the requirements of the waiver. However, after the
waiver is approved, the office shall apply within one hundred twenty
(120) days for an amendment to the approved waiver that contains the
provisions of this SECTION that were not included in the approved
waiver.
(e) The office of Medicaid policy and planning may not implement
the waiver until the office files an affidavit with the governor attesting
that the federal waiver applied for under this SECTION is in effect.
The office shall file the affidavit under this subsection not later than
five (5) days after the office is notified that the waiver is approved.
(f) If:
(1) the office of Medicaid policy and planning receives a waiver
under this SECTION from the United States Department of Health
and Human Services;
(2) the governor receives the affidavit filed under subsection (e);
and
(3) the general assembly appropriates funds for implementing the
waiver;
the office shall implement the waiver not more than sixty (60) days
after the general assembly appropriates funds to implement the waiver.
(g) The office of Medicaid policy and planning may adopt rules
under IC 4-22-2 that are necessary to implement this SECTION.
(h) This SECTION expires July 1, 2005.
&DNM.2001-72-12
&YENC.2001
&YAMD.2001
SECTION 12. (a) Any money that remains in the Indiana medical
and nursing grant fund on June 30, 2001, shall be transferred to the
Indiana health care professional recruitment and retention fund on July
1, 2001.
(b) This SECTION expires July 2, 2001.
&DNM.2001-73-3
&YENC.2001
&YAMD.2001
SECTION 3. (a) IC 6-1.1-25-9 and IC 6-1.1-25-9.5, both as amended
by this act, apply to:
(1) proceeds of sales of real property received on or after the
effective date of this act; and
(2) proceeds of sales of real property received before the effective
date of this act that had not been distributed under IC 6-1.1-25-9
and IC 6-1.1-25-9.5 as of the effective date of this act.
(b) This SECTION expires January 1, 2002.
&DNM.2001-75-2
&YENC.2001
&YAMD.2001
SECTION 2. IC 9-25-5-4, as amended by this act, applies to evidence
admitted in any civil proceeding after June 30, 2001, to prove that a
motor vehicle liability policy was in effect with respect to a motor
vehicle on any date before, on, or after June 30, 2001.
&DNM.2001-84-7
&YENC.2001
&YAMD.2001
SECTION 7. (a) IC 35-43-5-14, IC 35-43-5-15, IC 35-43-5-16, and
IC 35-43-5-17, all as added by this act, apply only to offenses
committed after June 30, 2001.
(b) The amendment by this act of IC 35-43-4-4 and IC 35-43-5-1 is
intended to specify that the scope of the amended terms includes retail
sales receipts, universal product codes (UPC), and other product
identification codes. The amendment of these definitions shall not be
construed to mean that these terms did not cover retail sales receipts,
universal product codes (UPC), and other product identification codes
before July 1, 2001.
&DNM.2001-86-4
&YENC.2001
&YAMD.2001
SECTION 4. (a) The state department of health shall make
reasonable attempts to promptly notify all x-ray facilities providing
mammographic x-ray services regarding the passage of this act.
(b) This SECTION expires December 31, 2001.
&DNM.2001-90-2
&YENC.2001
&YAMD.2001
SECTION 2. IC 35-50-3-1, as amended by this act, applies to
misdemeanors committed after June 30, 2001.
&DNM.2001-91-1
&YENC.2001
&YAMD.2001
SECTION 1. (a) As used in this SECTION, "continuum of care"
means an array of services offered to an eligible individual in different
settings, including the individual's home and institutional settings.
(b) As used in this SECTION, "eligible individual" means an elderly
or disabled individual who is eligible to receive services under a
program administered by the office.
(c) As used in this SECTION, "office" refers to the office of the
secretary of family and social services established by IC 12-8-1-1.
(d) The office shall develop a plan to assure that services provided
to eligible individuals match the needs of those individuals as closely
as possible.
(e) The plan required under this SECTION must consider:
(1) the expansion or implementation of assisted living, adult foster
care, faith based assistance, and philanthropic assistance; and
(2) the consolidation of long term care programs and funding.
(f) The plan required under this SECTION must include the
following items:
(1) A detailed listing of the specific care options that will comprise
the continuum of care, from least restrictive to most restrictive.
(2) A profile of the typical individual to be served under each care
option along the proposed continuum of care.
(3) The average per person cost for each type of service offered in
the continuum of care, including a comparison with the average
per person cost for providing that service in the most restrictive
setting.
(4) The availability of federal waivers for the services included in
the plan, including a time line for securing necessary additional
waivers or waiver amendments.
(5) The amount of additional investment required to serve all
eligible individuals on the waiting lists as of July 1, 2001, under
current eligibility requirements.
(6) Changes to eligibility requirements required to eliminate the
existing waiting lists at funding levels as of July 1, 2001.
(7) Projected costs for providing services to all eligible individuals
through the continuum of care compared with projected costs for
serving all eligible individuals in an institutional setting. Cost
projections under this subdivision must include projections for
periods of five (5), ten (10), and twenty-five (25) years, and must
include the cost of transitioning eligible individuals out of
institutional settings into less restrictive care options.
(g) In addition to the requirements of subsections (e) and (f), the plan
must identify all relevant benefits and costs of offering a continuum of
care for eligible individuals, including the following:
(1) The effects on quality of life for eligible individuals receiving
services.
(2) The effects on families of eligible individuals receiving
services.
(3) The effects on the state budget.
(4) The effects on the state's economy.
(h) The office shall file with the legislative council and the governor:
(1) a preliminary report not later than September 30, 2001; and
(2) a final report not later than June 30, 2002.
The preliminary report required under this subsection must
substantially address each item described in subsections (e) through
(g). The final report must include the completed plan developed by the
office.
&DNM.2001-93-9
&YENC.2001
&YAMD.2001
SECTION 9. (a) Notwithstanding IC 16-38-2-11, as added by this
act, the state department of health is not required to publish and make
available to the public an annual report summarizing the information
collected under IC 16-38-2 during the previous calendar year until July
1, 2002.
(b) This SECTION expires July 30, 2002.
&DNM.2001-95-4
&YENC.2001
&YAMD.2001
SECTION 4. IC 34-30-10.5, as added by this act, applies only to
donations made after June 30, 2001.
&DNM.2001-108-6
&YENC.2001
&YAMD.2001
SECTION 6. (a) The definitions applicable to IC 9-22-1 apply to this
SECTION.
(b) This SECTION applies to an abandoned vehicle that:
(1) was towed by a towing service from private property before the
effective date of this SECTION;
&DNM.2001-109-3
&YENC.2001
&YAMD.2001
SECTION 3. IC 6-3.1-23, as added by this act, applies to taxable
years beginning after December 31, 2001.
&DNM.2001-110-2
&YENC.2001
&YAMD.2001
SECTION 2. This chapter applies to all watercraft located on the
property of a marina after January 1, 2001.
&DNM.2001-111-2
&YENC.2001
&YAMD.2001
SECTION 2. (a) The executive of a city referred to in IC 8-22-3-4(f),
as amended by this act, shall appoint one (1) additional member to the
board of the airport authority established in the city to fill the position
on the board created by the amendment of IC 8-22-3-4 by this act. The
member appointed under this SECTION is appointed for an initial term
that expires December 31, 2003. However, the member is eligible for
reappointment.
(b) This SECTION expires July 1, 2004.
&DNM.2001-128-52
&YENC.2001
&YAMD.2001
&DNM.2001-131-2
&YENC.2001
&YAMD.2001
SECTION 2. (a) As used in this SECTION, "foundation" refers to the
Indiana Donation Alliance Foundation.
(b) By December 1, 2001, the foundation shall provide a report to the
legislative council indicating whether the foundation has developed a
program inclusive of all organ and tissue programs in Indiana that:
(1) serves as a central registry and telephone bank for the
promotion of organ and tissue donation;
(2) distributes educational materials regarding organ and tissue
donation;
(3) includes an Internet web site regarding organ donation,
including appropriate security for the Internet web site; and
(4) cooperates with the bureau of motor vehicles regarding the
collection of information concerning individuals who have
indicated a desire to make an organ or tissue donation.
(c) The foundation may use funds received from the auditor of state
under P.L.63-2000, SECTION 3, to develop the program described in
subsection (b).
(d) This SECTION expires January 1, 2002.
&DNM.2001-132-29
&YENC.2001
&YAMD.2001
SECTION 29. (a) The legislative services agency shall prepare
legislation for introduction in the 2002 regular session of the general
assembly to organize and correct statutes affected by this act.
(b) This SECTION expires June 30, 2003.
&DNM.2001-134-33
&YENC.2001
&YAMD.2001
&DNM.2001-135-7
&YENC.2001
&YAMD.2001
SECTION 7. (a) Notwithstanding IC 6-3.5-1.1-3, the county council
of a county described in IC 6-3.5-1.1-2.7, as added by this act, may
adopt an ordinance to increase the county's county adjusted gross
income tax rate after March 31, 2001, and before September 20, 2001.
(b) Notwithstanding IC 6-3.5-1.1-3, an ordinance adopted under this
SECTION takes effect January 1, 2002.
(c) This SECTION expires January 2, 2002.
&DNM.2001-139-30
&YENC.2001
&YAMD.2001
SECTION 30. (a) Except for SECTIONS 28 and 29 of this act, this
act applies to:
(1) real property sold at tax sale under IC 6-1.1-24, as amended by
this act, after June 30, 2001; and
(2) redemption under IC 6-1.1-25, as amended by this act, of real
property described in subdivision (1).
(b) This SECTION expires December 31, 2003.
&DNM.2001-144-7
&YENC.2001
&YAMD.2001
SECTION 7. (a) This SECTION applies to a county having a
population of more than one hundred twenty-nine thousand (129,000)
but less than one hundred thirty thousand six hundred (130,600).
(b) On July 1, 2001, the:
(1) county election board; and
(2) county board of registration;
are abolished and all their functions, powers, and duties are transferred
to the board of elections and registration established by IC 3-6-5.4-3,
as added by this act.
(c) On July 1, 2001, the records, property, and appropriations of the:
(1) county election board; and
(2) county board of registration;
are transferred to the board of elections and registration established by
IC 3-6-5.4-3, as added by this act.
(d) This SECTION expires January 1, 2002.
&DNM.2001-145-2
&YENC.2001
&YAMD.2001
SECTION 2. IC 35-46-1-12, as amended by this act, applies only to
crimes committed after June 30, 2001.
&DNM.2001-150-8
&YENC.2001
&YAMD.2001
SECTION 8. (a) Notwithstanding IC 9-18-2-47, as amended by this
act, the bureau of motor vehicles shall carry out the duties imposed on
it under IC 9-18-2-47, as amended by this act, under interim written
guidelines approved by the commissioner of the bureau of motor
vehicles.
(b) This SECTION expires on the earlier of the following:
(1) The date rules are adopted under IC 9-18-2-47, as amended by
this act.
(2) December 31, 2001.
&DNM.2001-152-4
&YENC.2001
&YAMD.2001
SECTION 4. There is annually appropriated to the office of the
secretary of family and social services from the state general fund an
amount sufficient to provide services to those individuals eligible for
Medicaid under IC 12-15-2-13.5 and IC 12-15-2.3, both as added by
this act.
&DNM.2001-154-2
&YENC.2001
&YAMD.2001
SECTION 2. IC 35-42-2-8, as added by this act, applies only to
crimes committed after June 30, 2001.
&DNM.2001-156-14
&YENC.2001
&YAMD.2001
SECTION 14. IC 35-41-1-8, IC 35-43-1-4, and IC 35-44-2-2, all as
amended by this act, and IC 35-41-1-26.5, IC 35-41-1-29.4, and
IC 35-47-12, all as added by this act, apply only to crimes committed
after June 30, 2001.
&DNM.2001-162-7
&YENC.2001
&YAMD.2001
SECTION 7. (a) IC 5-10-8.1, as added by this act, applies to a
self-insurance program or contract with a prepaid health care delivery
plan that is established, issued, entered into, or renewed after June 30,
2001.
(b) IC 27-8-5.7, as added by this act, applies to an accident and
sickness insurance policy (as defined in IC 27-8-5-1) that is issued,
entered into, delivered, or renewed after June 30, 2001.
(c) IC 27-13-36.2, as added by this act, applies to a health
maintenance organization contract issued, entered into, delivered, or
renewed after June 30, 2001.
(d) This SECTION expires July 1, 2006.
&DNM.2001-166-5
&YENC.2001
&YAMD.2001
SECTION 5. IC 35-50-2-8, as amended by this act, applies only if the
offense for which the state seeks to have the person sentenced as a
habitual offender was committed after June 30, 2001.
&DNM.2001-169-4
&YENC.2001
&YAMD.2001
SECTION 4. (a) As used in this SECTION, "mobile dentist" means
an individual who:
(1) provides dental services; and
(2) does not have a physically stationary office in the county where
the services are provided.
The term includes an individual who provides dental services through:
(1) a mobile health care vehicle; or
(2) the use of portable dental equipment.
(b) Before July 1, 2002, the state board of dentistry shall adopt rules
under IC 4-22-2 to regulate the conduct of mobile dentist facilities and
operations.
(c) This SECTION expires July 2, 2002.
&DNM.2001-172-2
&YENC.2001
&YAMD.2001
SECTION 2. IC 11-13-3-3, as amended by this act, applies to all
parole determinations made after June 30, 2001, including a
determination after June 30, 2001, to reconsider the release of an
offender on parole whose parole was revoked before July 1, 2001.
&DNM.2001-173-5
&YENC.2001
&YAMD.2001
SECTION 5. (a) The definitions in IC 25-5.1-1 apply throughout this
SECTION.
(b) Notwithstanding IC 25-5.1, the board shall issue an initial athletic
trainer license to an individual who:
(1) was actively engaged as an athletic trainer for at least twelve
(12) months between July 1, 1996, and June 30, 2001;
(2) submits an application to the board on forms prescribed by the
board;
(3) pays the application and license fees prescribed by the board
under IC 25-5.1-2-6; and
(4) either:
(A) has satisfactorily completed the educational qualifications
set forth in IC 25-5.1-3-1(b); or
(B) has been certified by the NATA.
(c) An application for licensure under this SECTION must be made
not later than June 30, 2002.
(d) Notwithstanding IC 25-5.1, a person issued an initial athletic
trainer license under this SECTION:
(1) is considered to have been issued a license under IC 25-5.1;
and
(2) may have the license renewed under IC 25-5.1-3-4.
(e) This SECTION expires December 31, 2004.
&DNM.2001-176-35
&YENC.2001
&YAMD.2001
SECTION 35. If HEA 1001-2001 imposes an additional service fee
under:
(1) IC 9-29-3-4;
(2) IC 9-29-3-6;
(3) IC 9-29-3-7;
(4) IC 9-29-3-8;
(5) IC 9-29-3-9;
(6) IC 9-29-3-10;
(7) IC 9-29-3-11;
(8) IC 9-29-3-12;
(9) IC 9-29-3-14;
(10) IC 9-29-3-18;
(11) IC 9-29-15-1; or
(12) IC 9-29-15-4;
that is payable into a fund other than the state motor vehicle technology
fund established by IC 9-29-16, the general assembly intends that both
the service fees imposed under HEA 1001-2001 and this act shall be
collected.
&DNM.2001-178-7
&DNM.2001-179-6
&YENC.2001
&YAMD.2001
SECTION 6. It is not the intent of the general assembly in enacting
this act to change the judicial rule of statutory construction expressed
in Tinder, Pros. Atty. et al. v. Clarke Auto Co., Inc. (1958), 238 Ind.
302, 149 N.E.2d 808 and later cases that the motive of individual
sponsors of legislation cannot be imputed to the General Assembly
unless there is a basis for it in its statutory expression.
&DNM.2001-182-6
&YENC.2001
&YAMD.2001
SECTION 28. (a) After December 31, 2001:
(1) any reference in the Indiana Code to an insurance agent shall
be treated as a reference to an insurance producer (as defined in
IC 27-1-15.6-2(7), as added by this act);
(2) any reference in the Indiana Code to a surplus lines insurance
agent shall be treated as a reference to a surplus lines producer (as
defined in IC 27-1-15.6-2(17), as added by this act); and
(3) any reference in the Indiana Code to a limited insurance
representative shall be treated as a reference to a limited lines
producer (as defined in IC 27-1-15.6-2(12), as added by this act).
(b) This SECTION expires June 30, 2005.
&HST.As added by P.L.2001-132-28. Amended by P.L.182-2001,
SEC.6.&EHST.
&DNM.2001-184-10
&YENC.2001
&YAMD.2001
SECTION 10. IC 5-10.3-7-5 and IC 21-6.1-4-6.1, both as amended
by this act, apply only to members of the public employees' retirement
fund or the Indiana state teachers' retirement fund who retire after June
30, 2001.
&DNM.2001-185-10
&YENC.2001
&YAMD.2001
&DNM.2001-186-10
&YENC.2001
&YAMD.2001
SECTION 10. IC 6-1.1-10-16.7, as amended by this act, applies to
property taxes first due and payable after December 31, 2001.
&DNM.2001-187-7
&YENC.2001
&YAMD.2001
SECTION 7. (a) For purposes of this SECTION, "trustees" has the
meaning set forth in IC 15-1.5-10.5-2.
(b) Notwithstanding IC 15-1.5-10.5-7, as amended by this act, the
term as presiding officer of the presiding officer of the trustees on
January 1, 2001, ends on October 31, 2001.
(c) This SECTION expires November 1, 2001.
&DNM.2001-189-2
&YENC.2001
&YAMD.2001
SECTION 2. (a) The definitions in IC 24-4.7-2, as added by this act,
apply throughout this SECTION.
(b) Notwithstanding IC 24-4.7-3-1, as added by this act, the
consumer protection division of the office of the attorney general shall
have the listing of telephone numbers described in IC 24-4.7-3-1, as
added by this act, in operation before January 1, 2002.
(c) Not later than January 15, 2002, the division shall update the
report required by IC 24-4.7-3-5, as added by this act, to cover the
period from July 1, 2001, through December 31, 2001. The division
shall provide not less than twenty-five (25) copies of the updated report
to the legislative services agency. The legislative services agency shall
distribute a copy of the updated report to each member of the
regulatory flexibility committee not later than February 1, 2002.
(d) This SECTION expires July 1, 2002.
&DNM.2001-193-5
&YENC.2001
&YAMD.2001
SECTION 5. (a) IC 13-26-5-2.5 and IC 13-26-11-15, both as added
by this act, do not apply to a regional sewage district established under:
(1) IC 13-26;
(2) IC 13-3-2 (before its repeal on July 1, 1996); or
(3) IC 19-3-1.1 (before its repeal on April 1, 1980);
if the regional sewage district began construction or received final bids
on construction during 2001.
(b) This SECTION expires July 1, 2002.
&DNM.2001-195-15
&YENC.2001
&YAMD.2001
SECTION 15. (a) As used in this SECTION, "commissioner" refers
to the commissioner of the Indiana department of administration.
(b) As used in this SECTION, "department" refers to the Indiana
department of administration created by IC 4-13-1-2.
(c) As used in this SECTION, "phase I grantee" refers to a person
designated by the commissioner to be a grantee of the phase I real
estate.
(d) As used in this SECTION, "phase II grantee" refers to a person
designated by the commissioner to be a grantee of the phase II real
estate.
(e) As used in this SECTION, "phase I real estate" refers to the real
property located in Section 26, Township 6 South, Range 10 West of
the Second Principal Meridian, Vanderburgh County, Indiana, owned
by the state of Indiana, and designated by the commissioner under
subsection (u) for transfer to a phase I grantee.
(f) As used in this SECTION, "phase II real estate" refers to the real
property located in Section 26, Township 6 South, Range 10 West of
the Second Principal Meridian, Vanderburgh County, Indiana, owned
by the state of Indiana, and designated by the commissioner under
subsection (u) for transfer to a phase II grantee.
(g) The governor and the commissioner are authorized and directed
on behalf of and in the name of the state of Indiana to convey phase I
real estate to a phase I grantee. Except as provided in this SECTION,
the conveyance of the real estate shall be made without consideration.
Conveyance of the phase I real estate is subject to the following:
(1) Use of the real estate for educational, cultural, recreational, art,
or museum purposes.
(2) The easement granted under subsection (p).
(3) Highways, easements, and restrictions of record.
However, no phase I real estate may be used for public or private
housing. The main building of the Evansville State Hospital may be
used for public or private housing.
(h) The phase I real estate reverts to the state if either of the
following applies:
(1) The phase I real estate is not used for the purposes described in
subsection (g)(1).
(2) Renovation to use the real estate for purposes described in
subsection (g)(1) has not begun before July 1, 2002.
(i) The conveyance of phase I real estate must comply with
IC 4-20.5-7 to the extent that IC 4-20.5-7 does not conflict with this
SECTION. The department shall have a quitclaim deed prepared to
convey phase I real estate to a phase I grantee. The deed must state the
conditions and restrictions contained in subsections (g) and (h). The
commissioner and the governor shall sign the deed, and the seal of the
state shall be affixed to the deed.
44 minutes 34 seconds East and a length of 98.99 feet to a 3/4 inch
rebar; thence North 13 degrees 44 minutes 34 seconds East 248.11
feet to a 3/4 inch rebar; thence South 76 degrees 15 minutes 26
seconds East 125.50 feet to a 3/4 inch rebar; thence North 13 degrees
44 minutes 34 seconds East 131.01 feet to a center punched railroad
spike; thence South 76 degrees 15 minutes 26 seconds East 32.23
feet to a 3/4 inch rebar; thence North 13 degrees 44 minutes 34
seconds East 71.72 feet to a 3/4 inch rebar; thence North 33 degrees
22 minutes 06 seconds East 127.79 feet to a 3/4 inch rebar; thence
North 56 degrees 37 minutes 54 seconds West 30.50 feet to a 3/4
inch rebar; thence North 32 degrees 07 minutes 32 seconds East
232.29 feet to the southeast corner of the land described in a deed to
the American Red Cross, Southwest Indiana Chapter recorded in
Deed Drawer 13, Card 1819 in the office of said Recorder; thence
along the east line of said American Red Cross parcel North 03
degrees 14 minutes 46 seconds East 263.43 feet to the aforedescribed
southern right-of-way line of State Road 66 (Lloyd Expressway);
thence along said southern right-of-way line North 72 degrees 07
minutes 25 seconds East 28.66 feet to the point of beginning and
containing 85.478 acres, more or less.
(v) Notwithstanding other provisions of this SECTION, the governor
and the commissioner are authorized and directed on behalf of and in
the name of the state of Indiana to convey to the Buffalo Trace Council
of the Boy Scouts of America for occupancy by the Buffalo Trace
Council to be used for educational and cultural purposes, all right, title,
and interest of this state in the real estate that is part of the Northwest
Quarter of Section 26, Township 6 South, Range 10 West, in
Vanderburgh County, Indiana, more particularly described as follows:
Commencing at the northeast corner of said quarter section; thence
north 88 degrees 51 minutes 14 seconds west along the north line
of said quarter section 1281.04 feet; thence south 01 degrees 09
minutes 34 seconds west 179.67 feet to the point of beginning, said
point being on the south right-of-way of State Road 66 (as recorded
in Deed Record 1, Card 20809 in the Office of the Recorder of
Vanderburgh County, Indiana) at the center of a 50 foot opening in
the limited access right-of-way; thence south 88 degrees 50
minutes 26 seconds east along the south right-of-way of State Road
66 376.20 feet; thence south 01 degrees 09 minutes 34 seconds
west 267.05 feet; thence north 78 degrees 10 minutes 30 seconds
west 382.81 feet; thence north 01 degrees 09 minutes 34 seconds
east 196.20 feet to the point of beginning, containing 2.00 acres
(87,137 square feet). Subject to an easement 25 feet in width along
the west side for ingress and egress to the State Hospital complex.
The Buffalo Trace Council shall cooperate with phase I and phase II
grantees on issues related to the parking of motor vehicles on phase I
real estate, phase II real estate, or real estate described in this
subsection.
(w) The governor and the commissioner of the Indiana department
of administration are authorized and directed on behalf of and in the
name of the state to convey to the Buffalo Trace Council of the Boy
Scouts of America for ingress and egress to and from the property
described in subsection (u) an easement in the real estate that is part of
the Northwest Quarter of Section 26, Township 6 South, Range 10
West, in Vanderburgh County, Indiana, more particularly described as
follows:
Commencing at the northeast corner of said quarter section; thence
north 88 degrees 51 minutes 14 seconds west along the north line
of said quarter section 1281.04 feet; thence south 01 degrees 09
minutes 34 seconds west 179.67 feet to the point of beginning, said
point being on the south right-of-way of State Road 66 (as recorded
in Deed Record 1, Card 20809 in the office of the Recorder of
Vanderburgh County, Indiana) at the center of a 50 foot opening in
the limited access right-of-way; thence continue south 01 degrees
09 minutes 34 seconds west 196.20 feet; thence north 78 degrees
10 minutes 30 seconds west 25.44 feet; thence north 01 degrees 09
minutes 34 seconds east 191.49 feet to a point on the south
right-of-way line for State Road 66 and the west end of an opening
in the limited access right-of-way previously described; thence
south 88 degrees 50 minutes 26 seconds east along the south line
of the State Road 66 right-of-way 25.00 feet to the point of
beginning.
(x) Upon the taking effect of this SECTION, the commissioner of the
Indiana department of administration shall have a deed prepared to
convey to the Buffalo Trace Council of the Boy Scouts of America the
real estate and easement described in subsections (v) and (w). The
governor shall sign the deed. The deed shall be attested by the
commissioner of the Indiana department of administration, who shall
have the seal of the state affixed to the deed. The commissioner of the
Indiana department of administration shall deliver the completed deed
to the Buffalo Trace Council.
(y) The real estate described in subsections (v) and (w) revert to the
state if any of the following apply:
(1) The real estate is used for a purpose other than the purposes
described in subsections (v) and (w).
(2) The Buffalo Trace Council fails to use the real estate for a
purpose described in subsection (v) or (w) before July 1, 2003.
(3) The real estate is vacant or abandoned on or after July 1, 2003.
The provisions of this subsection shall be included in the deed.
(z) This SECTION expires July 1, 2006.
&DNM.2001-196-3
&YENC.2001
&YAMD.2001
SECTION 3. (a) IC 27-1-37.1, as added by this act, applies to a
contract with a provider that is entered into, renewed, amended, or
delivered after June 30, 2001.
(b) This SECTION expires July 1, 2004.
&DNM.2001-197-2
&YENC.2001
&YAMD.2001
SECTION 2. (a) IC 27-1-37, as added by this act, applies to a health
provider contract that is entered into or renewed after June 30, 2001.
(b) This SECTION expires June 30, 2005.
&DNM.2001-202-13
&YENC.2001
&YAMD.2001
SECTION 13. (a) Notwithstanding IC 6-3-7-5(e), as amended by this
act, if an independent contractor has filed an affidavit of exemption
under IC 22-3-2-14.5(g) or IC 22-3-7-34.5(h), both as amended by this
act, for calendar year 2001 before July 1, 2001, and has received a
validated copy from the worker's compensation board, the independent
contractor is not required to file additional documentation for 2001.
(b) This SECTION expires January 1, 2003.
&DNM.2001-204-69
&YENC.2001
&YAMD.2001
SECTION 69. (a) After June 30, 2001, a reference in any law, rule,
contract, or other document or record to the alcoholic beverage
commission, the Indiana alcoholic beverage commission, or the
alcoholic beverage commission of Indiana shall be treated as a
reference to the alcohol and tobacco commission.
(b) On July 1, 2001, the property and obligations of the alcoholic
beverage commission, the Indiana alcoholic beverage commission, or
the alcoholic beverage commission of Indiana are transferred to the
alcohol and tobacco commission.
(c) An action taken by the alcoholic beverage commission, the
Indiana alcoholic beverage commission, or the alcoholic beverage
commission of Indiana before July 1, 2001, shall be treated after June
30, 2001, as if it were originally taken by the alcohol and tobacco
commission.
(d) IC 7.1-3-20-18, IC 7.1-3-20-20, and IC 7.1-3-20-21, all as
amended by this act, supersede 905 IAC 1-41-2(c), as effective on
January 1, 2001.
(e) IC 7.1-3-1-28, as added by this act, and IC 7.1-3-1-5.5,
IC 7.1-3-1-5.6, and IC 7.1-3-20-11.5, all as amended by this act, apply
only to applications submitted after June 30, 2001. Applicants who
submit an application before July 1, 2001, must comply with
IC 7.1-3-1-5.5, IC 7.1-3-1-5.6, or IC 7.1-3-20-11.5, as appropriate, as
the provision was effective at the time the application was submitted.
The alcohol and tobacco commission may adopt emergency rules to
implement IC 7.1-3-1-28, as added by this act, in the manner provided
for the adoption of emergency rules under IC 4-22-2-37.1. An
emergency rule adopted under this SECTION expires on the earlier of
the date that the alcohol and tobacco commission adopts permanent
rules under IC 4-22-2 to replace the emergency rules or July 1, 2003.
(f) Notwithstanding IC 7.1-6-2-8, as added by this act, a person may
pay a civil penalty:
(1) to which IC 7.1-6-2-8, as added by this act, applies; and
(2) that was imposed by a court before July 1, 2001;
before August 1, 2001, without the imposition of a late payment
penalty or interest under IC 7.1-6-2-8, as added by this act. After July
30, 2001, late payment penalties and interest shall be added to the civil
penalty as if IC 7.1-6-2-8, as added by this act, were in effect on the
date that the civil penalty was imposed.
(g) A fee imposed under IC 7.1-4-4.1, as added by this act, applies
only to permit applications filed after June 30, 2001. The initial
advance cost fee under IC 7.1-4-4.1-6, as added by this act, is the
advance cost fee in effect on June 30, 2001.
(h) Notwithstanding IC 7.1-5-7-13, as amended by this act, not later
than July 1, 2002, the alcohol and tobacco commission shall adopt the
rules required by IC 7.1-5-7-13(b)(1), as amended by this act.
&DNM.2001-205-2
&YENC.2001
&YAMD.2001
SECTION 2. IC 6-1.1-12-4.7(b), as added by this act, applies only to
property taxes first due and payable after December 31, 2001.
&DNM.2001-206-2
&YENC.2001
&YAMD.2001
SECTION 2. (a) This SECTION applies to a city hospital in a third
class city established under IC 16-23-1.
(b) As used in this SECTION, "fund" refers to the public employees'
retirement fund established by IC 5-10.3-2-1.
(c) If, on July 1, 2001, a hospital described in subsection (a) has an
account with the fund for the benefit of its former employees, but:
(1) the hospital's assets have been sold to a private entity; and
(2) the hospital's employees have become employees of the private
entity;
the board of trustees of the fund shall transfer the entire value of the
assets attributed to the hospital's participation in the fund to the account
of the county where the hospital is located and shall add the amounts
in the hospital's fund account to the county's fund account.
(d) A county whose fund account includes amounts transferred from
the fund account of a hospital under subsection (c) assumes all of the
assets and liabilities attributable to the hospital's fund account, except
for any liability that:
(1) is attributable to employer contributions due the fund; and
(2) arose before January 1, 2000.
(e) Any liability of a hospital described in subsection (c) with respect
to employer contributions that remain unpaid on July 1, 2001, is
canceled, and the fund may not take any further action to collect those
employer contributions.
(f) This SECTION expires January 1, 2002.
&DNM.2001-208-3
&YENC.2001
&YAMD.2001
SECTION 3. (a) As used in this SECTION, "waiver" means a Section
1115 demonstration waiver under the federal Social Security Act (42
U.S.C. 1315).
(b) As used in this SECTION, "children's health insurance program"
means the program established under IC 12-17.6.
(c) Before September 1, 2001, the office of Medicaid policy and
planning shall apply to the United States Department of Health and
Human Services for approval of a waiver to provide coverage for dental
and vision services under the children's health insurance program to a
child who:
(1) has health insurance coverage (as defined in 42 U.S.C.
300gg-91); or
(2) is covered under a group health plan (as defined in 42 U.S.C.
300gg-91);
but does not have coverage for dental services or vision services and is
otherwise eligible for coverage under the children's health insurance
program.
(d) If a provision of this SECTION differs from the requirements of
a waiver, the office shall submit the waiver request in a manner that
complies with the requirements of the waiver. However, after the
waiver is approved, the office shall apply within one hundred twenty
(120) days for an amendment to the approved waiver that contains the
provisions of this SECTION that were not included in the approved
waiver.
(e) The office of Medicaid policy and planning may not implement
the waiver until the office files an affidavit with the governor attesting
that the federal waiver applied for under this SECTION is in effect.
The office shall file the affidavit under this subsection not later than
five (5) days after the office is notified that the waiver is approved.
(f) If:
(1) the office of Medicaid policy and planning receives a waiver
under this SECTION from the United States Department of Health
and Human Services;
(2) the governor receives the affidavit filed under subsection (e);
and
(3) the general assembly appropriates funds for implementing the
waiver;
the office shall implement the waiver not more than sixty (60) days
after the general assembly appropriates funds to implement the waiver.
(g) The office of Medicaid policy and planning may adopt rules
under IC 4-22-2 that are necessary to implement this SECTION.
(h) This SECTION expires July 1, 2005.
&DNM.2001-209-3
&YENC.2001
&YAMD.2001
SECTION 3. (a) Notwithstanding IC 5-22-15-24, as added by this
act, a purchasing agent who has entered into a contract with a supplier
before July 1, 2001, to purchase food and beverages is not required to
purchase high calcium foods and beverages if purchasing those
products would change the terms of the contract.
(b) This SECTION expires July 1, 2003.
&DNM.2001-213-5
&YENC.2001
&YAMD.2001
SECTION 5. This act applies to offenses committed after June 30,
2001.
&DNM.2001-217-17
&YENC.2001
&YAMD.2001
SECTION 17. (a) IC 29-3-2-1, IC 31-30-1-1, IC 31-30-2-1,
IC 33-5-9-5, and IC 33-5-25-5, all as amended by this act, and
IC 31-34-21-7.7, as added by this act, apply to all proceedings pending
under IC 31-34 on July 1, 2001, and to all proceedings commenced
under IC 31-34 after June 30, 2001.
(b) On July 1, 2001, all guardianship of the person matters:
(1) that are pending in a court other than a juvenile court; and
(2) over which a juvenile court has exclusive original jurisdiction
under IC 31-30-1-1, as amended by this act;
shall be transferred to the juvenile court. A matter transferred under
this SECTION shall be treated as if it were originally filed in the
juvenile court.
&DNM.2001-219-8
&YENC.2001
&YAMD.2001
SECTION 8. (a) IC 34-50-2, as added by this act, applies to transfers
of structured settlement payment rights under a transfer agreement that
is entered into after June 30, 2001.
(b) This SECTION expires June 30, 2006.
&DNM.2001-218-10
&YENC.2001
&YAMD.2001
SECTION 10. (a) The solid waste management board shall adopt
rules under IC 4-22-2 before July 1, 2003, to reflect the elimination and
repeal of:
(1) references to industrial waste in this act; and
(2) references to special waste in SECTIONS 2, 5, 6, 7, 9, and 11
of P.L.138-2000.
(b) This SECTION expires July 1, 2003.
&DNM.2001-219-8
&YENC.2001
&YAMD.2001
SECTION 8. (a) IC 34-50-2, as added by this act, applies to transfers
of structured settlement payment rights under a transfer agreement that
is entered into after June 30, 2001.
(b) This SECTION expires June 30, 2006.
&DNM.2001-220-1
&YENC.2001
&YAMD.2001
SECTION 1. (a) As used in this SECTION, "commission" refers to
the Indiana commission on excellence in health care established by
subsection (d).
(b) As used in this SECTION, "health care professional" has the
meaning set forth in IC 16-27-1-1.
(c) As used in this SECTION, "health care provider" includes the
following:
(1) A hospital or an ambulatory outpatient surgical center licensed
under IC 16-21.
(2) A hospice program (as defined in IC 16-25-1.1-4).
(3) A home health agency licensed under IC 16-27-1.
(4) A health facility licensed under IC 16-28.
(d) There is established the Indiana commission on excellence in
health care.
(e) The commission consists of the following members:
(1) Four (4) members appointed from the house of representatives
by the speaker of the house of representatives. Not more than two
(2) of the members appointed under this subdivision may be
members of the same political party.
(2) Four (4) members appointed from the senate by the president
pro tempore of the senate. Not more than two (2) of the members
appointed under this subdivision may be members of the same
political party.
(3) The governor or the governor's designee.
(4) The state health commissioner appointed under IC 16-19-4-2
or the commissioner's designee.
(5) One (1) member appointed by the governor who is a former
dean or former faculty member of the Indiana University School of
Medicine.
(6) One (1) member appointed by the governor who is a former
dean or former faculty member of an Indiana school of nursing.
(7) One (1) member appointed by the governor who is a health care
provider or a representative for individuals who have both a mental
illness and a developmental disability.
(f) The commission shall operate under the rules of the legislative
council. The commission shall meet upon the call of the chairperson.
(g) The affirmative votes of at least seven (7) voting members of the
commission are required for the commission to take any action,
including the approval of a final report.
(h) The speaker of the house of representatives shall appoint the
chairperson of the commission during odd-numbered years beginning
January 1. The president pro tempore of the senate shall appoint the
chairperson of the commission during even-numbered years beginning
January 1.
facilitate continuous improvement in patient safety.
(12) Analyze how effective existing regulatory systems are in
ensuring continuous competence and knowledge of effective safety
practices.
(13) Develop a framework for organizations that license, accredit,
or credential health care professionals and health care providers to
more quickly and effectively identify unsafe providers and
professionals and to take action necessary to remove an unsafe
provider or professional from practice or operation until the
professional or provider has proven safe to practice or operate.
(14) Recommend procedures for development of a curriculum on
patient safety and methods of incorporating the curriculum into
training, licensure, and certification requirements.
(15) Develop a framework for regulatory bodies to disseminate
information on patient safety to health care professionals, health
care providers, and consumers through conferences, journal
articles and editorials, newsletters, publications, and Internet
websites.
(16) Recommend procedures to incorporate recognized patient
safety considerations into practice guidelines and into standards
related to the introduction and diffusion of new technologies,
therapies, and drugs.
(17) Recommend a framework for development of community
based collaborative initiatives for error reporting and analysis and
implementation of patient safety improvements.
(18) Evaluate the role of advertising in promoting or adversely
affecting patient safety.
(19) Evaluate and make recommendations regarding the need for
licensure of additional persons who participate in the delivery of
health care to Indiana residents.
(20) Evaluate the benefits and problems of the current disciplinary
systems and make recommendations regarding alternatives and
improvements.
(21) Study and make recommendations concerning the long term
care system, including self-directed care plans and the regulation
and reimbursement of public and private facilities that provide
long term care.
(22) Study any other topic required by the chairperson.
(o) The commission may create subcommittees to study topics,
receive testimony, and prepare reports on topics assigned by the
commission. The chairperson shall select from the topics listed under
subsection (n) the topics to be studied by the commission and
subcommittees each year. The chairperson shall appoint persons to act
as chairperson and secretary of each subcommittee. The commission
shall by majority vote appoint members to each subcommittee. A
member of a subcommittee, including a commission member while
serving on a subcommittee, is not entitled to per diem, mileage, or
travel allowances.
(p) The commission shall submit:
(1) interim reports not later than October 1, 2001, and October 1,
2002; and
&DNM.2001-220-1
&YENC.2001
&YAMD.2001
SECTION 1. (a) As used in this SECTION, "commission" refers to
the Indiana commission on excellence in health care established by
subsection (d).
(b) As used in this SECTION, "health care professional" has the
meaning set forth in IC 16-27-1-1.
(c) As used in this SECTION, "health care provider" includes the
following:
(1) A hospital or an ambulatory outpatient surgical center licensed
under IC 16-21.
(2) A hospice program (as defined in IC 16-25-1.1-4).
(3) A home health agency licensed under IC 16-27-1.
(4) A health facility licensed under IC 16-28.
(d) There is established the Indiana commission on excellence in
health care.
(e) The commission consists of the following members:
(1) Four (4) members appointed from the house of representatives
by the speaker of the house of representatives. Not more than two
(2) of the members appointed under this subdivision may be
members of the same political party.
(2) Four (4) members appointed from the senate by the president
pro tempore of the senate. Not more than two (2) of the members
appointed under this subdivision may be members of the same
political party.
(3) The governor or the governor's designee.
(4) The state health commissioner appointed under IC 16-19-4-2
or the commissioner's designee.
(5) One (1) member appointed by the governor who is a former
dean or former faculty member of the Indiana University School of
Medicine.
(6) One (1) member appointed by the governor who is a former
dean or former faculty member of an Indiana school of nursing.
(7) One (1) member appointed by the governor who is a health care
provider or a representative for individuals who have both a mental
illness and a developmental disability.
(f) The commission shall operate under the rules of the legislative
council. The commission shall meet upon the call of the chairperson.
(g) The affirmative votes of at least seven (7) voting members of the
commission are required for the commission to take any action,
including the approval of a final report.
(h) The speaker of the house of representatives shall appoint the
chairperson of the commission during odd-numbered years beginning
January 1. The president pro tempore of the senate shall appoint the
chairperson of the commission during even-numbered years beginning
January 1.
(i) Each member of the commission who is not a state employee is
entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b).
The member is also entitled to reimbursement for traveling expenses
as provided under IC 4-13-1-4 and other expenses actually incurred in
connection with the member's duties as provided in the state policies
and procedures established by the Indiana department of administration
and approved by the budget agency.
(j) Each member of the commission who is a state employee but who
is not a member of the general assembly is entitled to reimbursement
for traveling expenses as provided under IC 4-13-1-4 and other
expenses actually incurred in connection with the member's duties as
provided in the state policies and procedures established by the Indiana
department of administration and approved by the budget agency.
(k) Each member of the commission who is a member of the general
assembly is entitled to receive the same per diem, mileage, and travel
allowances paid to members of the general assembly serving on interim
study committees established by the legislative council.
(l) The legislative services agency shall provide staff to support the
commission. The legislative services agency is not required to provide
staff assistance to the subcommittees of the commission except to the
extent the subcommittees require copying services.
(m) The expenses of the commission shall be paid from funds
appropriated to the legislative services agency.
(n) The commission shall study the quality of health care, including
mental health, and develop a comprehensive statewide strategy for
improving the health care delivery system. The commission shall do
the following:
(1) Identify existing data sources that evaluate quality of health
care in Indiana and collect, analyze, and evaluate this data.
(2) Establish guidelines for data sharing and coordination.
(3) Identify core sets of quality measures for standardized reporting
by appropriate components of the health care continuum.
(4) Recommend a framework for quality measurement and
outcome reporting.
(5) Develop quality measures that enhance and improve the ability
to evaluate and improve care.
(6) Make recommendations regarding research and development
needed to advance quality measurement and reporting.
(7) Evaluate regulatory issues relating to the pharmacy profession
and recommend changes necessary to optimize patient safety.
(8) Facilitate open discussion of a process to ensure that
comparative information on health care quality is valid, reliable,
comprehensive, understandable, and widely available in the public
domain.
(9) Sponsor public hearings to share information and expertise,
identify best practices, and recommend methods to promote their
acceptance.
travel allowances.
(p) The commission shall submit:
(1) interim reports not later than October 1, 2001, and October 1,
2002; and
(2) a final report not later than October 1, 2003;
to the governor, members of the health finance commission, and the
legislative council. With the consent of the chairperson of the
commission and the chairperson of the health finance commission, the
commission and the health finance commission may conduct joint
meetings.
(q) This SECTION expires July 1, 2004.
&DNM.2001-221-6
&YENC.2001
&YAMD.2001
SECTION 6. (a) As used in this SECTION, "governing body" refers
to the governing body of a school corporation covered by IC 20-3-21,
as amended by this act.
(b) Notwithstanding IC 20-3-21, as in effect before July 1, 2001, the
term of office of the member of the governing body appointed under
IC 20-3-21-3(b)(2), as in effect before July 1, 2001, expires June 30,
2004.
(c) The successor of the member of the governing body appointed
under IC 20-3-21-3(b)(2), as in effect before July 1, 2001, shall be
elected in the primary election to be held on May 4, 2004, under
IC 20-3-21, as amended by this act.
(d) This SECTION expires January 1, 2005.
&DNM.2001-225-17
&YENC.2001
&YAMD.2001
SECTION 17. (a) Before January 1, 2004, the environmental quality
service council shall:
(1) review issues relating to the labeling and disposal of products
that contain mercury;
(2) review issues relating to the notifications, restrictions on sales,
and limitations on the use of elemental mercury under
IC 13-20-17.5, as added by this act; and
(3) make legislative recommendations based on the reviews
conducted under this SECTION, if appropriate.
(b) This SECTION expires January 1, 2004.
&DNM.2001-229-5
&YENC.2001
&YAMD.2001
&BTN.In (a)(2) after "and" insert in bold "who".&ETN.
SECTION 5. (a) Notwithstanding IC 36-7-18-5 and IC 36-7-18-7,
both as amended by this act, the appointing authority of a unit that
created a housing authority with five (5) commissioners before July 1,
2001, shall appoint the following not later than August 1, 2001:
(1) One (1) commissioner who is a resident of a housing project
under the jurisdiction of the housing authority, who serves an
initial term of one (1) year, and who may be reappointed.
(2) One (1) commissioner who serves an initial term of two (2)
years, and may be reappointed.
(b) This SECTION expires July 1, 2005.
&DNM.2001-230-4
&YENC.2001
&YAMD.2001
SECTION 4. (a) Notwithstanding IC 27-8-5.8 and IC 27-13-9-5, both
as added by this act, an insurer or a health maintenance organization its
agents, contractors, or administrators, including pharmacy benefits
managers, is not required to issue prescription drug information cards
or other technology that meet the requirements established under
IC 27-8-5.8 and IC 27-13-9-5, both as added by this act, for a contract
issued or renewed before July 1, 2002.
(b) This SECTION expires July 1, 2002.
&DNM.2001-232-14
&YENC.2001
&YAMD.2001
SECTION 14. (a) The definitions under IC 15-4-10 apply to this
SECTION.
(b) Notwithstanding IC 15-4-10-17, before June 1, 2001, the director
shall notify producers of the district of the impending initial election
and the procedure and deadlines to have a producer's name printed on
the ballot by:
(1) publishing a notice in a statewide agricultural publication;
(2) publishing a notice in a newspaper of general circulation in
each county; and
(3) making the information available to the news media in each
district.
(c) Notwithstanding IC 15-4-10-13, as amended by this act, the initial
terms of office for council members are as follows:
(1) Council members from district 1, district 4, district 7, and
district 10 serve terms of three (3) years.
(2) Council members from district 2, district 5, and district 8 serve
terms of two (2) years.
(3) Council members from district 3, district 6, and district 9 serve
terms of one (1) year.
(4) One (1) council member appointed under IC 15-4-10-16(c), as
added by this act, serves a term of three (3) years.
(5) One (1) council member appointed under IC 15-4-10-16(c), as
added by this act, serves a term of two (2) years.
(d) This SECTION expires September 2, 2003.
&DNM.2001-234-5
&YENC.2001
&YAMD.2001
SECTION 5. (a) Notwithstanding IC 20-10.1-25.3-11 and
IC 20-10.1-25.3-12, both as amended by this act, if the technology plan
of the Indiana School for the Deaf or the Indiana School for the Blind,
or both, is approved by the department of education under
IC 20-10.1-25.3, as amended by this act, and the department has
determined that the respective school qualifies for a technology plan
grant, the respective school or schools shall be included in the next
group of school corporations to which the department distributes
technology plan grants.
(b) This SECTION expires July 1, 2005.
&DNM.2001-237-6
&YENC.2001
&YAMD.2001
SECTION 6. (a) Notwithstanding IC 20-1-21-9, the report published
under IC 20-1-21 by a school corporation in September 2001 must
include the following benchmarks:
(1) Graduation rate.
(2) Attendance rate.
(3) The following test scores, including the number and percentage
of students meeting academic standards:
(A) ISTEP test scores.
(B) Scores for assessments under IC 20-10.1-16-15, if
appropriate.
(C) For a freeway school, scores on a locally adopted assessment
program, if appropriate.
(4) Actual class size.
(5) The number and percentage of students in the following groups
or programs:
(A) At risk.
(B) Vocational education.
(C) Special education.
(D) Gifted or talented.
(E) Remediation and preventive remediation.
(6) Advanced placement, including the following:
(A) For advanced placement tests, the number and percentage of
students:
(i) scoring three (3), four (4), and five (5); and
(ii) participating.
(B) For the Scholastic Aptitude Test:
(i) test scores for all students taking the test;
(ii) test scores for students completing the academic honors
diploma program; and
(iii) the number and percentage of students participating.
(7) Course completion, including the number and percentage of
students completing the following programs:
(A) Academic honors diploma.
(B) Core 40 curriculum.
(C) Vocational programs.
(8) The percentage of graduates who pursue higher education.
(9) School safety, including the number and percentage of students
receiving suspension or expulsion for the possession of alcohol,
drugs, or weapons.
&DNM.2001-238-23
&YENC.2001
&YAMD.2001
SECTION 23. (a) Immediately after the effective date of this
SECTION, the Indiana criminal justice institute shall establish a
program to approve or prescribe the forms required under IC 5-2-12,
as amended by this act.
(b) The Indiana criminal justice institute may exempt any person that
is required to use a form prescribed or approved by the institute from
the form requirements under IC 5-2-12, as amended by this act, until
the earlier of the following:
(1) The date specified by the institute.
(2) July 1, 2002.
(c) This SECTION expires July 2, 2002.
&DNM.2001-239-15
&YENC.2001
&YAMD.2001
SECTION 15. (a) The definitions in IC 3-5-2 apply throughout this
SECTION.
(b) As used in this SECTION, "fund" refers to the voting system
improvement fund established by IC 3-11-6.5-2, as added by this act.
(c) Not later than August 1, 2003, the commission shall determine
the total of the following, as of July 1, 2003:
(1) The amount of appropriations made to the fund.
(2) The amount of money deposited in the fund.
(d) If the commission determines that the total of the amounts
described in subsection (c) is not less than five million dollars
($5,000,000), the commission shall prohibit the use of punch card
voting systems in elections in Indiana, effective December 31, 2005.
(e) This SECTION expires July 1, 2006.
&DNM.2001-242-3
&YENC.
&YAMD.
(Repealed by P.L.190-2002, SEC.4.)
&DNM.2001-243-3
&YENC.2001
&YAMD.2001
SECTION 3. (a) IC 35-50-2-1, as amended by this act, applies to
crimes committed on and after the effective date of this SECTION.
(b) It is the intent of the general assembly that IC 35-50-2-1, as it
applies to crimes committed before the effective date of this SECTION,
be construed without drawing any inference from the passage of this
act.
&DNM.2001-247-10
&DNM.2001-248-4
&YENC.2001
&YAMD.2001
SECTION 4. (a) As used in this SECTION, "council" refers to the
environmental quality service council established by subsection (c).
(b) As used in this SECTION, "department" refers to the department
of environmental management.
(c) The environmental quality service council is established.
(d) The council consists of seventeen (17) voting members and one
(1) nonvoting member as follows:
(1) Four (4) members of the senate, not more than two (2) of whom
may be affiliated with the same political party, to be appointed by
the president pro tempore of the senate.
(2) Four (4) members of the house of representatives, not more
than two (2) of whom may be affiliated with the same political
party, to be appointed by the speaker of the house of
representatives.
(3) The:
(A) commissioner of the department; or
(B) commissioner's designee;
who serves as a nonvoting member.
(4) Nine (9) individuals who are not members of the general
assembly and who are appointed by the governor as follows:
(A) Two (2) individuals representing business and industry, not
more than one (1) of whom may be affiliated with the same
political party.
(B) Two (2) individuals representing local government, one (1)
of whom may be a solid waste management district director and
not more than one (1) of whom may be affiliated with the same
political party.
(C) Two (2) individuals representing environmental interests,
one (1) of whom may be a solid waste management district
director and not more than one (1) of whom may be affiliated
with the same political party.
(D) One (1) individual representing the general public.
(E) Two (2) individuals representing the following interests:
(i) One (1) representative of semipublic permittees.
(ii) One (1) representative of agriculture.
Until an appointment is made under clause (A), (B), (C), (D), or
(E), an unfilled position shall be held by the corresponding
member of the environmental quality service council serving on
December 31, 2000, who was appointed under P.L.248-1996,
SECTION 1(d)(4) to represent the same interest as must be
represented by the person appointed to the unfilled position.
(e) Appointments are valid for two (2) years after the date of the
appointment. However, a member shall serve on the council until a new
appointment is made.
(f) If a vacancy occurs among the members of the council, the
appointing authority of the member whose position is vacant shall fill
the vacancy by appointment. If the appointing authority does not fill a
vacancy within sixty (60) days after the date the vacancy occurs, the
vacancy shall be filled by appointment by the chairman of the
legislative council.
(g) The chairman of the legislative council shall designate a member
of the council to be the chairman of the council.
(h) The chairman of the council shall call for the council to meet at
least one (1) time during a calendar year. The chairman may designate
subcommittees to meet between committee meetings and report back
to the full council.
(i) Each member of the council is entitled to receive the same per
diem, mileage, and travel allowances paid to individuals who serve as
legislative and lay members, respectively, on interim study committees
established by the legislative council.
(j) The council shall do the following:
(1) Study issues designated by the legislative council.
(2) Advise the commissioner of the department on policy issues
decided upon by the council.
(3) Review the mission and goals of the department and evaluate
the implementation of the mission.
(4) Serve as a council of the general assembly to evaluate:
(A) resources and structural capabilities of the department to
meet the department's priorities; and
(B) program requirements and resource requirements for the
department.
(5) Serve as a forum for citizens, the regulated community, and
legislators to discuss broad policy directions.
(6) Submit a final report to the legislative council that contains at
least the following:
(A) An outline of activities of the council.
(B) Recommendations for any department action.
(C) Recommendations for any legislative action.
(k) The commissioner of the department shall report to the council
each month concerning the following:
(1) Permitting programs and technical assistance.
(2) Proposed rules and rulemaking in progress.
(3) The financial status of the department.
(4) Any additional matter requested by the council.
(l) The council shall:
(1) operate under procedures; and
(2) issue reports and recommendations;
as directed by the legislative council.
(m) The legislative services agency shall provide staff support to the
council.
(n) This SECTION expires December 31, 2005.
&DNM.2001-250-7
&DNM.2001-252-39
&YENC.2001
&YAMD.2001
SECTION 39. IC 6-4.1-4-1; IC 6-4.1-4-2; IC 6-4.1-4-7; IC 6-4.1-9-1;
IC 6-4.1-9-2; IC 6-4.1-11-3; IC 6-4.1-11.5-9; IC 29-1-4-1; IC 29-1-7-7;
IC 29-1-7-7.5; IC 29-1-7-17; IC 29-1-7.5-4; IC 29-1-14-1;
IC 29-1-14-2; IC 29-1-14-8; IC 29-1-14-10; IC 29-1-14-16;
IC 29-1-14-18; IC 29-1-14-19; IC 29-1-14-21; IC 29-1-16-6, and
IC 34-45-2-4, all as amended by this act, apply to the estate of an
individual who dies after June 30, 2001.
&DNM.2001-253-3
&YENC.
&YAMD.
(Repealed by P.L.10-2003, SEC.2.)
&DNM.2001-253-4
&YENC.2001
&YAMD.2001
SECTION 4. Notwithstanding the repeal of IC 20-5-4-1.7, as added
by this act, the following provisions apply to bonds issued under
IC 20-5-4-1.7, as added by this act, before December 31, 2003:
(1) The bonds remain valid and binding obligations of the school
corporation that issued them, as if IC 20-5-4-1.7 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.2001-255-24
&YENC.2001
&YAMD.2001
SECTION 24. (a) IC 25-22.5, as it relates to the unlawful or
unauthorized practice of medicine or osteopathic medicine, does not
apply to an attendant who provides attendant care services as defined
in IC 16-27-1-0.5.
(b) Notwithstanding IC 25-22.5-1-2 and IC 25-23-1-27.1, both as
amended by this act, an individual may not provide attendant care
services until July 1, 2001.
&DNM.2001-263-9
&YENC.2001
&YAMD.2001
SECTION 9. (a) Notwithstanding IC 12-28-5-10, IC 12-28-5-11,
IC 12-28-5-12, IC 12-28-5-13, and IC 12-28-5-14, all as amended by
this act, and IC 12-11-1.1-1, a supervised group living setting (as
described in IC 12-11-1.1-1(e)(1)) that is converting to a supported
living service (as described in IC 12-11-1.1-1(e)(2)) may operate as a
supported living service setting if the supervised group living setting
meets the following conditions:
(1) Serves more than four (4) but not more than eight (8) unrelated
individuals.
(2) Receives approval from the head of the bureau of
developmental disabilities services established by IC 12-11-1.1-1
within the division of disability, aging, and rehabilitative services.
(b) A supervised group living setting may operate as a supported
living service under the conditions described in subsection (a) for one
(1) year after the date the conversion begins.
(c) This SECTION expires July 1, 2003.
&DNM.1999-265-2
&YENC.1999
&YAMD.2001
SECTION 2. (a) As used in this SECTION, "committee" refers to the
acupuncture advisory committee established in subsection (b).
(b) The acupuncture advisory committee is established.
(c) The members of the committee shall:
(1) be appointed by the governor; and
(2) include the following members:
(A) One (1) chiropractor licensed under IC 25-10.
(B) One (1) podiatrist licensed under IC 25-29.
(C) One (1) dentist licensed under IC 25-14.
(D) One (1) acupuncturist.
(E) One (1) member of the American Academy of Medical
Acupuncturists who is licensed as a physician under IC 25-22.5.
(d) The governor shall appoint one (1) of the members under
subsection (c)(2) as chair of the committee.
(e) The committee shall meet upon the call of the chair.
(f) The committee:
(1) is an advisory committee to the medical licensing board under
IC 25-22.5-2; and
(2) shall make recommendations to the medical licensing board
regarding the practice of acupuncture.
All recommendations made under this subsection must be in the form
of potential rules under which acupuncturists may be licensed in
Indiana.
(g) After receiving recommendations under subsection (f), the
medical licensing board shall consider adopting the recommendations
as rules under IC 4-22-2.
&DNM.1999-272-67
&YENC.1999
&YAMD.2001
(a) As used in this SECTION, "commission" refers to the Indiana
commission on mental retardation and developmental disabilities
established by this SECTION.
(b) The Indiana commission on mental retardation and
developmental disabilities is established.
(c) The commission consists of the following members:
(1) Two (2) members of the house of representatives appointed by
the speaker of the house of representatives. The members
appointed under this subdivision may not be members of the same
political party.
(2) Two (2) members of the senate appointed by the president pro
tempore of the senate. The members appointed under this
subdivision may not be members of the same political party.
(3) Three (3) members at large appointed by the governor. Not
more than two (2) members appointed under this subdivision may
be members of the same political party.
(4) One (1) member appointed by the governor who is a consumer
of mental retardation/developmental disability services.
(5) One (1) member appointed by the governor who is a
representative of advocacy groups for consumers of mental
retardation and developmental disability services.
(6) Two (2) members appointed by the governor who are
representatives of families of consumers of mental retardation and
developmental disability services.
(7) One (1) member appointed by the governor who is a
representative of organizations providing services to individuals
with mental retardation and developmental disabilities.
The governor shall make appointments required by subdivisions (3)
through (7) before May 16, 1994.
(d) The chairman of the legislative council shall designate a
legislative member of the commission to serve as chairman of the
commission.
(e) 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.
(f) The commission shall do the following:
(1) Develop a long range plan to stimulate further development of
cost effective, innovative models of community based services,
including recommendations that identify implementation
schedules, plans for resource development, and appropriate
regulatory changes.
(2) Review and make recommendations regarding any unmet need
for mental retardation and developmental disability services,
including the following:
(A) Community residential and family support services.
(B) Services for aging families caring for adult mentally retarded
and developmentally disabled children.
(C) Services for families in emergency or crisis situations.
(D) Services needed to move children and adults from nursing
homes and state hospitals to the community.
(3) Study and make recommendations for the state to contract with
a private entity to manage and implement home and community
based services waivers under 42 U.S.C. 1396n(c).
(4) Study and make recommendations regarding state funding
needed to provide supplemental room and board costs for
individuals who otherwise qualify for residential services under the
home and community based services waivers.
(5) Monitor and recommend changes for improvements in the
implementation of home and community based services waivers
managed by the state or by a private entity.
(6) Review and make recommendations regarding the
implementation of the comprehensive plan prepared by the
developmental disabilities task force (P.L.245-1997, SECTION 1).
(7) Review and make recommendations regarding the development
by the division of disability, aging, and rehabilitative services of a
statewide plan to address quality assurance in community based
services.
(8) Annually review the infants and toddlers with disabilities
program established under IC 12-17-15.
(g) The commission shall submit its findings and initial
recommendations to the governor and the general assembly before
December 1 of each year.
(h) This SECTION expires January 1, 2005.
&HST.As added by P.L.272-1999, SEC.67. Amended by P.L.242-2001,
SEC.3.&EHST.
&DNM.2001-278-10
&YENC.2001
&YAMD.2001
SECTION 10. (a) If an individual or entity described in
IC 20-9.1-5-6.6, as added by this act, owns a vehicle other than a
school bus (as defined in IC 20-9.1-1-5) or a special purpose bus (as
defined in IC 20-9.1-1-4.5, as amended by this act) before July 1, 2001,
the person may continue to use the vehicle to transport children until
June 30, 2006.
(b) If a person described in IC 20-9.1-5-6.6, as added by this act, has
contracted for the use of a vehicle other than a school bus (as defined
in IC 20-9.1-1-5) or a special purpose bus (as defined in
IC 20-9.1-1-4.5, as amended by this act) before July 1, 2001, the person
may continue to use the vehicle to transport children until the contract
expires.
&DNM.2001-279-3
&YENC.2001
&DNM.2001-280-1
&YENC.2001
&YAMD.2001
SECTION 1. (a) As used in this SECTION, "division" refers to the
division of mental health.
(b) Except as provided in subsection (c), notwithstanding
IC 12-23-1-6(4), IC 12-23-14-7, and 440 IAC 4.4-2-1(e), the division
may not grant specific approval to be a new provider of any of the
following:
(1) Methadone.
(2) Levo-alphacetylmethadol.
(3) Levo-alpha-acetylmethadol.
(4) Levomethadyl acetate.
(5) LAAM.
(c) The division may not grant specific approval to be a new provider
of one (1) or more of the drugs listed under subsection (b) unless:
(1) the drugs will be provided in a county with a population of
more than forty thousand (40,000);
(2) there are no other providers located in the county or in a county
contiguous to the county where the provider will provide the drugs;
and
(3) the provider supplies, in writing:
(A) a needs assessment for Indiana citizens under guidelines
established by the division; and
(B) any other information required by the division.
(d) Except as provided in subsection (k), the division shall prepare
a report by June 30 of each year concerning treatment offered by
methadone providers that contains the following information:
(1) The number of methadone providers in the state.
(2) The number of patients on methadone during the previous year.
(3) The length of time each patient received methadone and the
average length of time all patients received methadone.
(4) The cost of each patient's methadone treatment and the average
cost of methadone treatment.
(5) The rehabilitation rate of patients who have undergone
methadone treatment.
(6) The number of patients who have become addicted to
methadone.
(7) The number of patients who have been rehabilitated and are no
longer on methadone.
(8) The number of individuals, by geographic area, who are on a
waiting list to receive methadone.
(9) Patient information as reported to a central registry created by
the division.
(e) Each methadone provider in the state shall provide information
requested by the division for the report under subsection (d). The
information provided to the division may not reveal the specific
identity of a patient.
(f) The information provided to the division under subsection (e)
must be based on a calendar year.
(g) The information required under subsection (e) for calendar year
1998 must be submitted to the division not later than June 30, 1999.
Subsequent information must be submitted to the division not later
than:
(1) February 28, 2002, for calendar year 2001; and
(2) February 28, 2003, for calendar year 2002.
(h) Failure of a certified provider to submit the information required
under subsection (e) may result in suspension or termination of the
provider's certification.
(i) The division shall report to the governor and the l