Information Maintained by the Office of Code Revision Indiana Legislative Services Agency
05/13/2008 11:56:49 AM EDT
&DNM.2001-1-50
&YENC.2000
&YAMD.2001
    SECTION 50. (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 total 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.
&HST.As added by P.L.140-2000, SEC.28. Amended by P.L.1-2001, SEC.50.&EHST.

&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    (Repealed by P.L.54-2004, SEC.6.)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 (a) Any money in the underground storage tank guaranty fund established by IC 13-23-10, as repealed by this act, on June 29, 2001, shall be transferred to the state general fund on June 30, 2001.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


    SECTION 3. IC 6-3-2-19, as added by this act, applies to taxable years beginning after December 31, 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


    SECTION 12. IC 32-13-1-8, as amended by this act, applies only to written consents obtained after July 1, 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


&YENC.2001
&YAMD.2001
    SECTION 31. 750 IAC 2-4-2 is void. The publisher of the Indiana Administrative Code and Indiana Register shall remove this rule from the Indiana Administrative Code.

&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;


        (2) is in possession of a towing service company on the effective date of this SECTION;
        (3) could have been removed from private property under IC 9-22-1-15 and IC 9-22-1-16, both as amended by this act, if this act were in effect at the time that the towing service removed the abandoned vehicle from the private property; and
        (4) the towing service has not received payment for the towing charges accruing from removal of the vehicle from private property.
    (c) The towing service may post the notice tag required by IC 9-22-1-15, as amended by this act, on a picture of the abandoned vehicle and place the notice tag and picture in a prominent place on the private property from which the abandoned vehicle was towed for the time required by IC 9-22-1-15, as amended by this act. The name and address on the notice tag may be the name and address of the owner of the private property or the name and address of the towing service. The notice tag must state the address where the vehicle is located. Compliance with this subsection shall be treated as compliance with IC 9-22-1-15, as amended by this act.
    (d) A towing service may recover costs incidental to the removal and storage of an abandoned vehicle that accrued before the effective date of this SECTION to the same extent as if the costs were accrued after 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


    SECTION 52. (a) Not later than July 1, 2002, the Indiana board of accountancy shall establish a written test to be taken by an applicant for an accounting practitioner certificate under IC 25-2.1-6. The examination established by the board must test competency skills in accounting theory and practice.
    (b) Subject to subsection (c), a person who submits an application for an accounting practitioner's certificate after June 30, 2002, must pass the test established by the board under subsection (a) in order to receive an accounting practitioner's certificate under IC 25-2.1-6.
    (c) If a person submits an application for an accounting practitioner's certificate after June 30, 2002, and the board has not established the test required under subsection (a), the board shall give an applicant the test established by the board before July 1, 2002. An applicant subject to this subsection shall be required to pass the test established by the board before July 1, 2002, in order to receive an accounting practitioner's certificate under IC 25-2.1-6.
    (d) This SECTION expires July 1, 2005.

&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


    SECTION 33. 750 IAC 2-4-2 is void. The publisher of the Indiana Administrative Code and Indiana Register shall remove this rule from the Indiana Administrative Code.

&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.2001-148-4
&YENC.2001
&YAMD.2001
    SECTION 4. (a) IC 5-10-8-7.1, as added by this act, applies to all self-insurance programs or contracts with prepaid health care delivery plans established, issued, renewed, delivered, or entered into after June 30, 2001.
    (b) IC 27-8-14.2, as added by this act, applies to all accident and sickness insurance policies issued, renewed, delivered, or entered into after June 30, 2001.
    (c) IC 27-13-7-14.7, as added by this act, applies to all group contracts with health maintenance organizations entered into, renewed, delivered, or issued after June 30, 2001.
    (d) This SECTION expires June 30, 2005.

&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.2001-159-2
&YENC.2001
&YAMD.2001
    SECTION 2. IC 24-4.5-3-209(1), as amended by this act, applies to a contract between a lender and a debtor that is entered into or renewed 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


&YENC.2001
&YAMD.2001
    SECTION 7. (a) The initial school year budget adopted by a school corporation located in a city having a population of more than ninety thousand (90,000) but less than one hundred thousand (100,000) under IC 6-1.1-17-5.6, as added by this act, and fixed by the state board of tax commissioners under this act is for the period beginning July 1, 2002, through June 30, 2003. The first six (6) months of the initial budget for the school corporation must be consistent with the last six (6) months of the budget fixed by the state board of tax commissioners for calendar year 2002 under the procedures effective in 2001.
    (b) This SECTION expires July 1, 2003.

&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


    SECTION 10. (a) Notwithstanding IC 6-3.5-7-5, as amended by this act, the county council of a county described in IC 6-3.5-7-5(j), as added by this act, may adopt an ordinance to increase the county's county economic development income tax rate after March 31, 2001.
    (b) Notwithstanding IC 6-3.5-7-5(e), an ordinance adopted under this SECTION takes effect January 1, 2002.
    (c) This SECTION expires January 2, 2002.

&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.


    (j) The phase I grantee shall have the deed to the phase I real estate recorded in Vanderburgh County, Indiana.
    (k) The governor and the commissioner are authorized and directed on behalf of and in the name of the state of Indiana to convey the phase II real estate to the phase II grantee. Except as provided in this SECTION, the conveyance of the real estate shall be made without consideration. Conveyance of the phase II real estate is subject to the following:
        (1) Use of the real estate for educational, cultural, recreational, art, museum, nonprofit housing, or social services purposes.
        (2) Highways, easements, and restrictions of record.
However, no phase II real estate other than the main building of the Evansville State Hospital may be used for public or private housing.
    (l) The phase II real estate reverts to the state if either of the following applies:
        (1) The phase II real estate is not used for the purposes described in subsection (k)(1).
        (2) Substantial work to use the real estate for purposes described in subsection (k)(1) has not begun before two (2) years after the date of the deed conveying the phase II real estate to the phase II grantee.
    (m) The conveyance of the phase II real estate may not be made until a new facility for Evansville State Hospital is completed and patients are transferred to the new facility.
    (n) The conveyance of phase II 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 II real estate to a phase II grantee. The deed must state the conditions and restrictions contained in subsections (k) and (l). The commissioner and the governor shall sign the deed, and the seal of the state shall be affixed to the deed.
    (o) The phase II grantee shall have the deed to the phase II real estate recorded in Vanderburgh County, Indiana.
    (p) The governor and the commissioner are authorized and directed on behalf of and in the name of the state of Indiana to grant an easement through the phase I real estate to the parks department of the city of Evansville for operation of a recreational greenway. The location of the easement on the real estate shall be determined by the department and parks department of the city of Evansville. Except as provided in this SECTION, the grant shall be made without consideration. The easement is subject to highways, other easements, and restrictions of record.
    (q) The grant required by subsection (p) expires if the easement is not used for the purposes described in subsection (p). The instrument granting the easement must state the conditions and restrictions contained in subsection (p) and this subsection.
    (r) The parks department of the city of Evansville shall have the easement recorded in Vanderburgh County, Indiana.
    (s) The easement granted under subsection (p) must comply with IC 4-20.5-7 to the extent that IC 4-20.5-7 does not conflict with this SECTION.
    (t) The department shall inform the superintendent of Evansville State Hospital when the conveyances and grant under this SECTION have been completed.
    (u) The governor and the commissioner of the department of administration are authorized and directed on behalf of and in the name of the state to convey to a phase I or phase II grantee property described in subsection (e) or (f) except the following property:
    Commencing at the northwest corner of the Northeast Quarter of said Section 26; thence along the west line of said quarter section South 01 degrees 07 minutes 41 seconds West 248.92 feet to a point on the southern right-of-way line of State Road 66 (Lloyd Expressway) as described in a Declaration of Departmental transfer recorded in Deed Drawer 1, Card 20807 in the office of the Recorder of Vanderburgh County, Indiana and being the northwest corner of the land described in a deed to the Southwestern Indiana Mental Health Center, Inc. recorded in Deed Drawer 4, Card 3658 in the office of said Recorder and being the POINT OF BEGINNING of this description; thence continuing along the west line of said quarter section and the west line of the Southwestern Indiana Mental Health Center parcel South 01 degree 07 minutes 41 seconds West 316.19 feet to the southwest corner of said Mental Health Center parcel; thence along the south line of said Mental Health Center parcel South 87 degrees 34 minutes 27 seconds East 599.96 feet; thence South 01 degree 07 minutes 36 seconds West 2072.09 feet to a point on the south line of the Northeast Quarter of said Section 26; thence along said south line North 88 degrees 46 minutes 29 seconds West 599.86 feet to the southeast corner of the Northwest Quarter of said Section 26; thence along the south line of said Northwest Quarter North 88 degrees 48 minutes 56 seconds West 2022.00 feet to a center punched railroad spike; thence North 01 degree 11 minutes 04 seconds East 556.00 feet to a 3/4 inch rebar with cap stamped BLA FIRM 0030, hereinafter referred to as 3/4 inch rebar; thence North 56 degrees 49 minutes 09 seconds East 40.07 feet to a 3/4 inch rebar; thence Northeasterly 641.79 feet along an arc to the left and having a radius of 3500.00 feet and subtended by a long chord having a bearing of North 51 degrees 33 minutes 58 seconds East and a length of 640.89 feet to a 3/4 inch rebar; thence North 46 degrees 18 minutes 47 seconds East 306.50 feet to a 3/4 inch rebar; thence South 43 degrees 41 minutes 13 seconds East 94.00 feet to a 3/4 inch rebar; thence North 46 degrees 18 minutes 47 seconds East 32.50 feet to a 3/4 inch rebar; thence Northeasterly 155.49 feet along an arc to the right and having a radius of 785.00 feet and subtended by a long chord having a bearing of North 51 degrees 59 minutes 14 seconds East and a length of 155.23 feet to a 3/4 inch rebar and being the point of intersection with a non-tangent line; thence South 76 degrees 15 minutes 26 seconds East 429.08 feet to a 3/4 inch rebar; thence North 13 degrees 44 minutes 34 seconds East 201.39 feet to a 3/4 inch rebar; thence South 76 degrees 15 minutes 26 seconds East 71.33 feet to a 3/4 inch rebar; thence Easterly, Northeasterly, and Northerly 109.96 feet along an arc to the left and having a radius of 70.00 feet and subtended by a long chord having a bearing of North 58 degrees

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.2001-212-35
&YENC.2001
&YAMD.2001
    SECTION 35. The provisions of this act are severable as provided in IC 1-1-1-8.

&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.


    (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.
        (10) Evaluate current regulatory programs to determine what changes, if any, need to be made to facilitate patient safety.
        (11) Review public and private health care purchasing systems to determine if there are sufficient mandates and incentives to

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


        (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.2001-220-1
&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.


        (10) Evaluate current regulatory programs to determine what changes, if any, need to be made to facilitate patient safety.
        (11) Review public and private health care purchasing systems to determine if there are sufficient mandates and incentives to 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
        (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.


        (10) Financial information relevant to performance.
    (b) This SECTION expires July 1, 2002.

&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


&YENC.2001
&YAMD.2001
    SECTION 10. IC 12-17.2-5-6.3(a), as added by this act, does not apply to a person who was issued a license for a class I child care home before July 1, 2001.

&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


&YENC.2001
&YAMD.2001
    SECTION 7. (a) The definitions in IC 34-6-2 apply throughout this SECTION.
    (b) IC 34-13-3-3, as amended by this act, applies to a cause of action involving an extreme sport area that accrues after the effective date of this SECTION, regardless of when the extreme sport area was developed.

&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.


    (c) This SECTION expires 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.


    (h) This SECTION expires June 30, 2006.
&HST.As added by P.L.265-1999, SEC.2. Amended by P.L.59-2001, SEC.5.&EHST.

&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


&YAMD.2001
    SECTION 3. (a) Not later than September 1, 2001, the department of education shall develop and make available to school building committees developing strategic and continuous school improvement and achievement plans under IC 20-10.2-3 models of parental involvement plans that include student achievement as the primary focus of the plans for use by the school building committees in developing the parental participation component of the strategic and continuous school improvement and achievement plan required under IC 20-10.2-3-5, as amended by this act.
    (b) This SECTION expires September 2, 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