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&DNM.2001-295-3
&DNM.2002-1-163
&DNM.2002-1-164
SECTION:
&DNM.2002-1-165
&DNM.2002-1-166
&DNM.2002-1-168
&DNM.2002-8-4
&DNM.2002-14-11
&DNM.2002-16-22
&DNM.2002-18-1
inspections of health facilities under IC 16-28. The report must include
the following information:
&DNM.2002-27-1
commission and a taxpayer entered into pursuant to IC 36-7-25-6 that:
&DNM.2002-32-2
&DNM.2002-36-1
&DNM.2002-37-15
&DNM.2002-39-6
&DNM.2002-40-4
&DNM.2002-41-5
&DNM.2002-51-13
&DNM.2002-65-2
&DNM.2002-69-4
&DNM.2002-71-2
&DNM.2002-74-12
management district have, by adoption of a resolution by the
executives of each county before the effective date of this act,
determined to remove a county from the joint district under IC
13-21-4-2(c).
&DNM.2002-76-6
&DNM.2002-79-6
&DNM.2002-80-2
&DNM.2002-84-12
&DNM.2002-89-2
&DNM.2002-90-529
&DNM.2002-95-1
members, who may not be from the same political party, to serve
on the commission.
for in part or in whole by the state; and
&DNM.2002-96-5
&DNM.2002-99-12
&DNM.2002-106-1
providing a similar prescription drug benefit for the benefit of
low-income senior citizens.
&DNM.2002-107-33
&DNM.2002-107-34
&DNM.2002-107-35
&DNM.2002-107-36
Medicaid waiver that will have an effect on the Indiana prescription
drug program established under IC 12-10-16, the following must occur:
&DNM.2002-107-37
not count against the maximum amount of expenditures, transfers, or
distributions that may be made from the Indiana tobacco master
settlement agreement fund during the state fiscal year.
&DNM.2002-107-38
&DNM.2002-107-39
&DNM.2002-107-40
&DNM.2002-107-41
&DNM.2002-108-2
&DNM.2002-111-11
&DNM.2002-111-12
&DNM.2002-113-9
&DNM.2002-116-30
&DNM.2002-118-3
&DNM.2002-119-33
&DNM.2002-120-51
&DNM.2002-120-53
12-15-15-1.1, as amended by this act, for the state fiscal year ending
June 30, 2001, the office shall do the following:
&DNM.2002-120-54
&DNM.2002-123-52
&DNM.2002-123-53
&DNM.2002-123-54
&DNM.2002-123-55
&DNM.2002-123-56
&DNM.2002-123-57
&DNM.2002-123-58
&DNM.2002-123-59
&DNM.2002-123-60
&DNM.2002-123-62
&DNM.2002-131-4
&DNM.2002-132-2
&DNM.2002-133-70
indicated in the court order granting the protective order.
&DNM.2002-134-5
&DNM.2002-137-5
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.
determine if there are sufficient mandates and incentives to
facilitate continuous improvement in patient safety.
shall by majority vote appoint initial members to each subcommittee.
Each subcommittee may by a majority vote of the members appointed
to the subcommittee make a recommendation to the commission to
appoint additional members to the subcommittee. The commission may
by a majority vote of the members appointed to the commission appoint
or remove members of a 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.
&DNM.2002-138-1
&DNM.2002-141-5
to small claims actions initiated after June 30, 2002.
&DNM.2002-143-10
&DNM.2002-153-3
&DNM.2002-155-12
&DNM.2002-155-13
($0.055) per ton of coal produced.
&DNM.2002-156-3
&DNM.2002-157-4
&DNM.2002-162-8
&DNM.2002-162-9
&DNM.2002-162-10
&DNM.2002-163-1
&DNM.2002-166-3
&DNM.2002-166-4
&DNM.2002-167-2
&DNM.2002-168-16
&DNM.2002-170-179
&DNM.2002-170-180
&DNM.2002-170-181
considered to comply with the requirement that each
congressional district of Indiana is represented by at least one (1)
board member.
&DNM.2002-170-182
&DNM.2002-170-183
&YENC.2001
&YAMD.2001
SECTION 3. (a) Notwithstanding IC 8-5-15-3, as amended by this
act, not later than August 1, 2001, the district shall post in each
commuter station in the district a notice of the opening on the
commuter transportation district board of trustees. The notice must
announce the opening for an initial passenger member on the board of
trustees and provide information on submitting a letter of interest. The
notice must state the period in which the passenger must submit a letter
of interest. The notice must remain posted until October 1, 2001. Not
later than November 1, 2001, the governor shall appoint the initial
passenger member selected from among the passengers who submitted
a letter of interest.
(b) Notwithstanding IC 8-5-15-3, as amended by this act, not later
than November 1, 2001, the governor shall appoint an employee
representative to the commuter transportation district board.
(c) This SECTION expires January 1, 2003.
&YENC.2002
&YAMD.2002
SECTION 163. (a) Not later than September 1, 2001, the office of
Medicaid policy and planning shall develop a plan for the contracting
of a pharmaceutical benefit management (PBM) program for the
Medicaid prescription drug program and report to the budget
committee.
(b) The PBM program described in subsection (a) must include the
following:
(1) Efficient processing of Medicaid pharmaceutical claims.
(2) Real time eligibility verification.
(3) Point of service pharmacy drug utilization review consisting
of:
(A) drug to drug interactions;
(B) drug to disease interactions;
(C) drug refill notifications; and
(D) other prescription drug compliance measures.
(4) Patient interventions focused on clinically appropriate
prescribing and medication use.
(5) Identification of fraudulent claims at the pharmacy and patient
level.
(6) Prescriber education focused on drug utilization in accordance
with IC 12-15-35.
(c) The PBM program shall, to the greatest extent possible:
(1) capture data in National Council on Pharmacy Data
Processing (NCPDP) format; and
(2) make claims available to the office and the drug utilization
review board established by IC 12-15-35-19 for further analysis.
(d) Not later than February 1, 2002, the office shall contract with an
independent contractor who shall analyze and report on the cost
savings and any increased expenses resulting from the PBM program.
The contractor shall provide the report required under this subsection
to the budget committee and the select joint commission on Medicaid
oversight:
(1) not later than June 1, 2002, for the period of September 1,
2001, through April 30, 2002; and
(2) not later than February 1, 2003, for the period of May 1, 2002,
through December 31, 2003.
(e) The report required under subsection (d) must also include
recommendations on:
(1) improvements in the delivery of PBM services; and
(2) increased cost efficiencies for the state Medicaid prescription
drug program.
(f) This SECTION replaces IC 12-15-31-5, as added by
P.L.291-2001, SECTION 6 (effective July 1, 2001), which is repealed
by this act because IC 12-15-31 was repealed by P.L.291-2001,
SECTION 211 (effective upon passage). The duties imposed by this
SECTION are a continuation of the duties that were initially imposed
by IC 12-15-31-5, as added by P.L.291-2001.
(g) This SECTION expires September 1, 2002.
&YENC.2002
&YAMD.2002
SECTION 164. (a) The definitions set forth in IC 5-10.3-11 apply
throughout this SECTION.
(b) Notwithstanding the amendments made to IC 5-10.3-11-4 by this
act, in calendar year 2001, the state board shall make distributions from
the pension relief fund to eligible units of local government both under
IC 5-10.3-11-4, as in effect before amendment by this act, and under IC
5-10.3-11-4, as in effect after amendment by this act. However, the
distributions to be made under IC 5-10.3-11-4, as in effect after
amendment by this act, shall be made in one (1) installment before
December 1, 2001. To the extent that a distribution under this
SECTION is paid in November 2001 or in 2002, that distribution must
be placed in the unit's account established by IC 5-10.3-11-6, as added
by this act. Distributions made to an eligible unit and paid to the unit's
account established by IC 5-10.3-11-6, as added by this act, under this
(1) shall be treated as additional revenue for the purpose of fixing
the eligible unit's budget for the calendar year during which an
amount is paid to the eligible unit from its account under IC
5-10.3-11-6, as added by this act; and
(2) may not be used as a reason to reduce the eligible unit's
maximum or actual property tax levy under IC 6-1.1-18.5.
(c) IC 5-10.3-11-4, as amended by this act, applies beginning with
distributions that are determined and made in 2001. To comply with
this subsection, the eligible unit must comply with all of the following:
(1) If the eligible unit used county adjusted gross income tax or
county option income tax revenues in 1998 for total pension
payments, the eligible unit must expend at least the same amount
of county adjusted gross income tax or county option income tax
revenues in each year after 2000 and before 2008 for total pension
payments.
(2) If the eligible unit used ad valorem property tax revenues in
1998 for total pension payments, the eligible unit must expend at
least the same amount of ad valorem property tax revenues in
each year after 2000 and before 2008 for total pension payments.
(3) If the eligible unit used any other revenue in 1998 for total
pension payments, the eligible unit must expend at least the same
amount of other revenue in each year after 2000 and before 2008
for total pension payments.
If in any year the sum of the total local revenue that an eligible unit
must expend under this subsection for total pension payments plus the
total state distribution for which the eligible unit is eligible under
sections 4, 4.5, and 4.7 of this chapter exceed the eligible unit's total
pension payment obligation, the state board shall reduce the
distribution under section 4.7 of this chapter in the amount of the
excess.
&YENC.2002
&YAMD.2002
SECTION 165. (a) This SECTION applies to a school city subject
to IC 20-3.1-15-1, as amended by this act.
(b) In negotiations under IC 20-7.5 for the first negotiated
agreement after July 1, 2001, the following shall be included as items
according to IC 20-7.5-1-4:
(1) Grievance procedure.
(2) Teacher evaluation.
(3) Reduction in force.
(c) This SECTION expires:
(1) upon the ratification of the agreement described in subsection
(b); or
(2) July 1, 2005;
whichever is the earliest to occur.
&YENC.2002
&YAMD.2002
SECTION 166. The following, each as amended by this act, apply
to property taxes due and payable after December 31, 2002:
IC 6-1.1-3-7
IC 6-1.1-3-7.5
IC 6-1.1-4-12.6
IC 6-1-1-8-30
IC 6-1.1-8-31
IC 6-1.1-8-32
IC 6-1.1-10-16
IC 6-1.1-11-3
IC 6-1.1-11-3.5
IC 6-1.1-12-28.5
IC 6-1.1-12-35
IC 6-1.1-12-40
IC 6-1.1-12.1-5.5
IC 6-1.1-15-10
IC 6-1.1-15-12
IC 6-1.1-20.8-2
IC 6-1.1-20.8-3
IC 6-1.1-37-7
IC 6-1.1-40-11.
&DNM.2002-1-167
&YENC.2002
&YAMD.2002
SECTION 167. (a) Notwithstanding IC 27-8-5.8 and IC 27-13-9-5,
both as added by this act:
(1) an insurer or a health maintenance organization; and
(2) the agents, contractors, or administrators, including pharmacy
benefits managers, of an insurer or a health maintenance
organization;
are not required to issue prescription drug information cards or other
technology that meets 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.
&YENC.2002
&YAMD.2002
SECTION 168. (a) Notwithstanding IC 20-10.1-25.3-11, 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.2002-3-5
&YENC.2002
&YAMD.2002
SECTION 5. (a) IC 35-42-4-4, IC 35-49-1-3, and IC 35-49-3-3, all
as amended by this act, apply only to crimes committed after June 30,
2002.
(b) The seizure of an item under IC 34-24-1-1(a)(10), as amended
by this act, applies only to offenses committed under IC 35-42-4-4, as
amended by this act, after June 30, 2002.
&YENC.2002
&YAMD.2002
SECTION 4. IC 6-3-1-3.5, as amended by this act, applies to taxable
years beginning after December 31, 2000.
&YENC.2000
&YAMD.2002
SECTION 11. (a) Notwithstanding IC 25-20.5-1-15, as added by
this act, an individual who applies for certification to the Indiana
hypnotist committee before January 1, 2005, may take the examination,
notwithstanding the individual's failure to meet the requirements of IC
25-20.5-1-11(a)(1)(C), as amended by this act, if the individual meets
the other requirements under IC 25-20.5-1-11, as amended by this act,
and has had at least ten (10) years of continued experience in
hypnotism or has completed before July 1, 1997, a course in hypnotism
from a state approved school that included less than three hundred
(300) classroom hours.
(b) This SECTION expires July 1, 2005.
&YENC.2002
&YAMD.2002
SECTION 22. Notwithstanding IC 36-8-16.5-18, as amended by this
act, a member appointed to the wireless enhanced 911 advisory board
under IC 36-8-16.5-18(c)(2), before its amendment by this act, or under
IC 36-8-16.5-18(c)(3), before its amendment by this act, shall continue
to serve on the board until the expiration of the member's term. The
governor may not make a reappointment to any vacancy in the board
under IC 36-8-16.5-18(c)(2), as amended by this act, or under IC
36-8-16.5-18(c)(3), as amended by this act, until the total number of
members of the board complies with the total number of members of
the board required by IC 36-8-16.5-18, as amended by this act.
&YENC.2002
&YAMD.2002
SECTION 1. (a) The state department of health established by IC
16-19-1-1 shall report quarterly to the select joint commission on
Medicaid oversight established by IC 2-5-26-3 concerning licensure
(1) The number of:
(A) inspections completed;
(B) evening and weekend inspections;
(C) citations issued per inspection, including the scope and
severity of the citations for each type of inspection;
(D) complaints received, investigated, and substantiated; and
(E) complaints in each priority level.
(2) The response time of the state department of health in
investigating complaints.
(3) A summary of the:
(A) citations that have been appealed to:
(i) an informal dispute resolution process; or
(ii) an administrative law judge; and
(B) results of the appeals.
(4) An analysis of citations by scope and severity for each survey
region.
(5) A comparison of:
(A) the statistics in subdivisions (1) through (4); with
(B) similar statistics, where available, for:
(i) other states in Region V of the federal Centers for
Medicare and Medicaid Services; and
(ii) the entire United States.
(b) This SECTION expires July 1, 2007.
&YENC.2002
&YAMD.2002
SECTION 1. (a) For purposes of this SECTION:
(1) "commission" means a redevelopment commission acting
pursuant to IC 36-7-25; and
(2) "construction in process" means tangible personal property not
placed in service, as defined in rules of the department of local
government finance.
(b) This SECTION applies to a taxpayer that:
(1) is located in a township having a population of more than one
thousand nine hundred (1,900) but less than two thousand (2,000)
located in a county having a population of more than thirty
thousand seven hundred (30,700) but less than thirty-one
thousand (31,000); and
(2) has recorded on its books and records a cost of more than one
hundred ninety million dollars ($190,000,000) of construction in
process subject to assessment for the March 1, 2002, assessment
date.
(c) The assessed value of construction in process for the March 1,
2002, assessment date is ten percent (10%) of the cost recorded on the
taxpayer's books and records that is attributable to the personal
property, including all expenses incurred in acquiring or producing the
personal property.
(d) An agreement, or any amendment to an agreement, between the
(1) limits the taxpayer's rights to challenge the taxpayer's
assessment, property tax rates, or property taxes, or that
guarantees, enhances, or otherwise further secures bonds or lease
obligations of the commission; and
(2) provides for a property tax lien in favor of the commission
with respect to payments to be made under the agreement;
shall be secured by, treated in the same manner as, and have the same
priority as real property taxes for purposes of IC 6-1.1-22-13.
(e) A property tax lien described in subsection (d) is effective as of
the date the agreement or amendment was executed, without any
further action.
(f) This SECTION expires January 1, 2004.
&YENC.2002
&YAMD.2002
SECTION 2. (a) The auditor of state shall immediately transfer to
the state general fund any money that:
(1) after January 1, 2002, and before the effective date of this act
was paid to the state under an agreement described in IC
4-8.1-1-7, as added by this act; and
(2) was deposited in a fund other than the state general fund.
(b) This SECTION expires July 1, 2003.
&YENC.2002
&YAMD.2002
SECTION 1. (a) This SECTION applies to a township having a
population of more than fifty thousand (50,000) but less than one
hundred thousand (100,000) located in a county having a population of
more than four hundred thousand (400,000) but less than seven
hundred thousand (700,000).
(b) Notwithstanding IC 36-1-8-4, a township may, before December
31, 2002, transfer not more than eighty-six thousand three hundred
seventeen dollars ($86,317) from the township's general fund to the
township's fire fund. The township is not required to return the money
to the general fund.
(c) With respect to property taxes first due and payable after
December 31, 2002, a township may:
(1) reduce the maximum permissible levy for the township's
general fund under IC 6-1.1-18.5 by not more than one hundred
ten thousand dollars ($110,000); and
(2) increase the maximum permissible levy for the township's fire
fund under IC 6-1.1-18.5 by the amount by which the township
reduces the maximum permissible levy for the township's general
fund under subdivision (1).
(d) This SECTION expires December 31, 2003.
&YENC.2002
&YAMD.2002
SECTION 15. The provisions of this act are severable as provided
in IC 1-1-1-8.
&YENC.2002
&YAMD.2002
SECTION 6. It is the intent of the general assembly to make
contempt and all other remedies for the enforcement of a child support
order available to assist in the enforcement of a child support order
regardless of whether the child for whom the child support was ordered
is emancipated. For this purpose, the general assembly is establishing
a procedure for the enforcement of a child support arrearage through
an order directing a person to pay a child support arrearage. IC
31-16-12-1 and IC 31-16-12-3, both as amended by this act, apply to
a child support arrearage that exists after the effective date of this
SECTION regardless of when the arrearage accrued.
&YENC.2002
&YAMD.2002
SECTION 4. (a) As used in this SECTION, "department" refers to
the department of education established by IC 20-1-1.1-2.
(b) The department shall establish minimum standards for student
safety, advisory committees, teacher licensing under rules adopted by
the professional standards board, and curriculum for the secondary
level vocational education courses approved under IC 20-1-18.4-3, as
amended by this act, before January 1, 2003.
(c) Notwithstanding IC 20-10.1-6-2, as amended by this act, and IC
20-10.1-6-14, as amended by this act, a governing body or a
management board for a joint program may not include an approved
secondary level vocational education course in the curriculum until the
department has established minimum standards for the course under
this SECTION.
(d) This SECTION expires January 2, 2003.
&YENC.2002
&YAMD.2002
SECTION 5. A new or renewal beer dealer permit issued or
transferred to a package liquor store after June 30, 1997, and until the
effective date of this act is legalized.
&YENC.2002
&YAMD.2002
SECTION 13. (a) Not later than May 1 of each of the calendar years
2002, 2003, and 2004, a health maintenance organization shall file an
informational report for the immediately preceding calendar year. The
report must set forth the types of information that will be required
under IC 27-1-36-25 after December 30, 2004.
(b) Not later than May 1 of each of the calendar years 2002, 2003,
and 2004, a limited service health maintenance organization shall file
an informational report for the immediately preceding calendar year.
The report must set forth the types of information that will be required
under IC 27-1-36-25 after December 30, 2004.
(c) This SECTION expires December 31, 2005.
&YENC.2002
&YAMD.2002
SECTION 2. IC 5-22-23, as added by this act, does not apply to
solicitations for telephone calling systems (including local, interlata,
intralata, and interstate long distance services) for confined offenders
made before the effective date of this act.
&YENC.2002
&YAMD.2002
SECTION 4. IC 10-1-2-11, as added by this act, applies to the child
or spouse of a regular, paid police employee of the state police
department if the regular police employee of the state police
department was permanently and totally disabled by a catastrophic
personal injury that:
(1) was sustained in the line of duty; and
(2) permanently prevents the employee from performing any
gainful work;
before, on, or after July 1, 2002.
&YENC.2002
&YAMD.2002
SECTION 2. IC 35-45-2-5, as added by this act, applies only to acts
committed after June 30, 2002.
&YENC.2002
&YAMD.2002
SECTION 12. (a) Except as provided in this SECTION, IC 13-21-4
and IC 13-21-5, both as in effect before the effective date of this act,
apply to all solid waste management district withdrawal, withdrawal
and dissolution, or removal proceedings of all counties that comprise
a solid waste management district if:
(1) a county has, by adoption of a resolution by the county
executive before the effective date of this act, determined to:
(A) withdraw from a joint solid waste management district
consisting of more than two (2) counties under IC
13-21-4-2(a); or
(B) withdraw from and dissolve a joint solid waste
management district consisting of only two (2) counties under
IC 13-21-4-2(b); or
(2) two (2) or more counties that are part of a joint solid waste
(b) A county referred to in subsection (a)(1) may, by adoption of a
resolution by the county executive before May 1, 2002, make an
election to proceed with the withdrawal or the withdrawal and
dissolution under IC 13-21-4 and IC 13-21-5, both as amended by this
act. After a county makes an election under this subsection to proceed
under IC 13-21-4 and IC 13-21-5, both as amended by this act, all
counties that comprise the solid waste management district shall
proceed with the withdrawal or the withdrawal and dissolution under
IC 13-21-4 and IC 13-21-5, both as amended by this act.
(c) Two (2) or more counties referred to in subsection (a)(2) may,
by adoption of a resolution by the executives of each county before
May 1, 2002, make an election to proceed with the removal under IC
13-21-4 and IC 13-21-5, both as amended by this act. After a county
makes an election under this subsection to proceed under IC 13-21-4
and IC 13-21-5, both as amended by this act, all counties that comprise
the solid waste management district shall proceed with the removal
under IC 13-21-4 and IC 13-21-5, both as amended by this act.
(d) This SECTION expires January 1, 2004.
&YENC.2002
&YAMD.2002
SECTION 6. IC 35-46-3-8.5 and IC 35-46-3-9.5, both as added by
this act, apply only to acts committed after June 30, 2002.
&YENC.2002
&YAMD.2002
SECTION 6. (a) Notwithstanding IC 12-21-2-3(a)(5), as amended
by this act, before July 1, 2003, the director of the division of mental
health and addiction shall adopt rules under IC 4-22-2 establishing
geographic primary service areas for community mental health centers
(as defined in IC 12-7-2-38) that recognize the community mental
health centers' geographic primary service area boundaries in effect on
(b) This SECTION expires July 1, 2003.
&YENC.2002
&YAMD.2002
SECTION 2. IC 35-50-2-9, as amended by this act, applies only to
a conviction for murder that occurs after the effective date of this act,
including a conviction entered as a result of a retrial of a person,
regardless of when the offense occurred.
&YENC.2002
&YAMD.2002
SECTION 12. IC 30-2-14, as added by this act, applies to every trust
or decedent's estate existing on or created after January 1, 2003, except
as otherwise expressly provided:
(1) in the decedent's will;
(2) by the terms of the trust; or
(3) in IC 30-2-14, as added by this act.
&DNM.2002-88-4
&YENC.2002
&YAMD.2002
SECTION 4. IC 35-42-2-6, as amended by this act, and IC 35-45-16,
as added by this act, apply only to crimes committed after June 30,
2002.
&YENC.2002
&YAMD.2002
SECTION 2. (a) IC 6-1.1-18.5-13, as amended by this act, applies
to property taxes first due and payable after December 31, 2002.
(b) This SECTION expires January 1, 2004.
&YENC.2002
&YAMD.2002
SECTION 529. A reference to the state board of tax commissioners
is considered to be a reference to the department of local government
finance if the reference is contained in a statute that:
(1) was enacted before January 1, 2002;
(2) has not been codified as part of the Indiana Code; and
(3) requires the state board of tax commissioners to take an action
after December 31, 2001.
&DNM.2002-94-5
&YENC.2002
&YAMD.2002
SECTION 5. (a) IC 9-24-17-1, IC 9-24-17-8, and IC 29-2-16-4, all
as amended by this act, do not affect the validity of an anatomical gift
made before July 1, 2002.
(b) This SECTION expires July 1, 2007.
&YENC.2002
&YAMD.2002
SECTION 1. (a) As used in this SECTION, "commission" refers to
the Indiana commission on mental health established by this
SECTION.
(b) The Indiana commission on mental health is established.
(c) The commission consists of sixteen (16) members determined as
follows:
(1) The speaker of the house of representatives and the president
pro tempore of the senate shall each appoint two (2) legislative
(2) The governor shall appoint thirteen (13) lay members, not
more than seven (7) of whom may be from the same political
party, to serve on the commission as follows:
(A) Four (4) at-large members, not more than two (2) of whom
may be from the same political party.
(B) Two (2) consumers of mental health services.
(C) Two (2) representatives of different advocacy groups for
consumers of mental health services.
(D) Two (2) members of families of consumers of mental
health services.
(E) Three (3) members who represent mental health providers.
One (1) of the members appointed under this clause must be
a representative of a for-profit psychiatric provider. One (1) of
the members appointed under this clause must be a physician
licensed under IC 25-22.5.
(d) Except for the members appointed under subsection (c)(2)(E),
the members of the commission may not have a financial interest in the
subject matter to be studied by the commission.
(e) The chairman of the legislative council shall designate a
legislative member of the commission to serve as chairman of the
commission.
(f) Each legislative member and each lay member of the
commission is entitled to receive the same per diem, mileage, and
travel allowances paid to individuals serving as legislative and lay
members, respectively, on interim study committees established by the
legislative council.
(g) The commission shall do the following:
(1) Study and evaluate the funding system for managed care
providers of mental health services.
(2) Review and make specific recommendations regarding the
provision of mental health services delivered by community
managed care providers and state operated hospitals.
(3) Review and make recommendations regarding any unmet need
for public supported mental health services in any specific
geographic area or throughout Indiana. In formulating these
recommendations, the commission shall consider the need,
feasibility, and desirability of including additional organizations
in the network of managed care providers.
(4) Review the results of the actuarial study which must be
submitted by the division of mental health and addiction to the
commission not later than thirty (30) days after completion of the
actuarial study.
(5) Make recommendations regarding the application of the
actuarial study by the division of mental health and addiction to
the determination of service needs, eligibility criteria, payment,
and prioritization of service.
(h) The commission shall:
(1) monitor the implementation of managed care programs for all
populations of the mentally ill that are eligible for care that is paid
(2) make recommendations regarding the commission's findings
under subdivision (1) to the appropriate division or department.
(i) This SECTION expires January 1, 2004.
SOURCE: ; (02)HE1050.1.2. -->
&DNM.2002-96-4
&YENC.2002
&YAMD.2002
SECTION 4. (a) IC 27-8-5-26, as amended by this act, applies to a
policy of accident and sickness insurance that is issued, delivered,
amended, or renewed after June 30, 2002.
(b) IC 27-13-7-14, as amended by this act, applies to a contract with
a health maintenance organization that is entered into, delivered,
amended, or renewed after June 30, 2002.
(c) This SECTION expires June 30, 2006.
&YENC.2002
&YAMD.2002
SECTION 5. (a) The department of insurance shall:
(1) study the application of the requirements that apply to group
policies specified under IC 27-8-5-16.5(d), as amended by this
act, to additional group policies; and
(2) report the results of the study under subdivision (1) to the
legislative council not later than December 31, 2002.
(b) This SECTION expires June 30, 2003.
&YENC.2002
&YAMD.2002
SECTION 12. (a) Before July 1, 2003, the air pollution control
board shall amend 326 IAC 23 to reflect this act.
(b) This SECTION expires July 1, 2003.
&YENC.2002
&YAMD.2002
SECTION 1. (a) The Indiana prescription drug advisory committee
is established to:
(1) study pharmacy benefit programs and proposals, including
programs and proposals in other states; and
(2) make initial and ongoing recommendations to the governor for
programs that address the pharmaceutical costs of low-income
senior citizens.
(b) The committee consists of eleven (11) members appointed by
the governor and four (4) legislative members. The term of each
member expires December 31, 2005. The members of the committee
appointed by the governor are as follows:
(1) A physician with a specialty in geriatrics.
(2) A pharmacist.
(3) A person with expertise in health plan administration.
(4) A representative of an area agency on aging.
(5) A consumer representative from a senior citizen advocacy
organization.
(6) A person with expertise in and knowledge of the federal
Medicare program.
(7) A health care economist.
(8) A person representing a pharmaceutical research and
manufacturing association.
(9) A township trustee.
(10) Two (2) other members as appointed by the governor.
The four (4) legislative members shall serve as nonvoting members.
The speaker of the house of representatives and the president pro
tempore of the senate shall each appoint two (2) legislative members,
who may not be from the same political party, to serve on the
committee.
(c) The governor shall designate a member to serve as chairperson.
A vacancy with respect to a member shall be filled in the same manner
as the original appointment. Each member is entitled to reimbursement
for traveling expenses and other expenses actually incurred in
connection with the member's duties. The expenses of the committee
shall be paid from the Indiana prescription drug account created by IC
4-12-8, as added by this act. The office of the secretary of family and
social services shall provide staff for the committee. The committee is
a public agency for purposes of IC 5-14-1.5 and IC 5-14-3. The
committee is a governing body for purposes of
(d) Not later than September 1, 2004, the committee shall make
program design recommendations to the governor and the family and
social services administration concerning the following:
(1) Eligibility criteria, including the desirability of incorporating
an income factor based on the federal poverty level.
(2) Benefit structure.
(3) Cost-sharing requirements, including whether the program
should include a requirement for copayments or premium
payments.
(4) Marketing and outreach strategies.
(5) Administrative structure and delivery systems.
(6) Evaluation.
(e) The recommendations shall address the following:
(1) Cost-effectiveness of program design.
(2) Coordination with existing pharmaceutical assistance
programs.
(3) Strategies to minimize crowd-out of private insurance.
(4) Reasonable balance between maximum eligibility levels and
maximum benefit levels.
(5) Feasibility of a health care subsidy program where the amount
of the subsidy is based on income.
(6) Advisability of entering into contracts with health insurance
companies to administer the program.
(f) The committee may not recommend the use of funds from the
Indiana prescription drug account for a state prescription drug benefit
for low-income senior citizens if there is a federal statute or program
(g) This SECTION expires December 31, 2005.
&YENC.2002
&YAMD.2002
SECTION 33. (a) As used in this SECTION, "advisory committee"
refers to the controlled substances advisory committee established by
IC 35-48-2-1(f), as amended by this act.
(b) The advisory committee shall review the records maintained for
the previous year by the central repository for controlled substances
designated by the state police department under IC 35-48-7-10
regarding the prescribing of stimulant medications approved by the
federal Food and Drug Administration for the treatment of attention
deficit disorder or attention deficit hyperactivity for children less than
eighteen (18) years of age.
(c) Not later than October 1, 2002, the advisory committee shall
submit a report containing information obtained under subsection (b)
to the drug utilization review board established by IC 12-15-35-19.
(d) The report required under subsection (c) may not contain any
information that:
(1) may be used to identify a child for whom a stimulant
medication was prescribed; or
(2) indicates that a particular physician's prescribing of stimulant
medications to a child was inappropriate.
(e) Any meeting held by the advisory committee to comply with this
SECTION is not open to the public.
(f) Unless otherwise provided by law, records reviewed by the
advisory committee to comply with this SECTION are not public
records.
(g) The drug utilization review board shall review:
(1) the report submitted under subsection (c);
(2) information submitted under:
12, as added by this act;
(B) IC 27-8-30, as added by this act; and
(C) IC 27-13-42, as added by this act;
(3) information submitted by the office of Medicaid policy and
planning regarding the prescribing of stimulant medications
approved by the federal Food and Drug Administration for the
treatment of attention deficit disorder and attention deficit
hyperactivity disorder for children less than eighteen (18) years
of age who participate in:
(A) Medicaid under IC 12-15; or
(B) the children's health insurance program under IC 12-17.6;
and
(4) any other relevant information concerning the prescribing of
stimulant medications approved by the federal Food and Drug
Administration for the treatment of attention deficit disorder or
attention deficit hyperactivity for children less than eighteen (18)
years of age.
(h) Before December 31, 2002, the drug utilization review board
shall submit a report analyzing the information reviewed under
subsection (g) to the following:
(1) The select joint commission on Medicaid oversight
established by IC 2-5-26-3.
(2) The legislative council.
(3) The medical licensing board of Indiana established by IC
25-22.5-2-1.
(i) The report required under subsection (h) must include the
following:
(1) A comparison of the percentage of children receiving
prescriptions for stimulant medications who are:
(A) participating in Medicaid (IC 12-15) or the children's
health insurance program (IC 12-17.6); and
(B) not participating in a program described in clause (A).
(2) Scientifically determined estimates of the prevalence of major
disorders in children who are treated with stimulant medications.
(3) A statement by the advisory committee regarding whether the
information provided under subdivisions (1) and (2) indicates that
stimulant medications are being disproportionately prescribed for
children described in subdivision (1)(A).
(4) Identification of any pattern of prescribing of stimulant
medications for children contrary to the most recent guidelines
adopted by the American Academy of Pediatrics and the
American Academy of Child and Adolescent Psychiatry.
(j) This SECTION expires December 31, 2002.
&YENC.2002
&YAMD.2002
SECTION 34. (a) The governor shall appoint a psychiatrist with
expertise in child and adolescent psychiatry as an additional member
of the controlled substances advisory committee under IC 35-48-2-1,
as amended by this act, before July 1, 2002.
(b) This SECTION expires July 1, 2002.
&YENC.
&YAMD.
(Repealed by P.L.75-2004, SEC.8.)
&YENC.2002
&YAMD.2002
SECTION 36. (a) As used in this SECTION, "office" refers to the
office of Medicaid policy and planning.
(b) The office shall develop a federal Medicaid waiver application
under which a prescription drug program may be established or
implemented to provide access to prescription drugs for low-income
senior citizens.
(c) Before the office may submit an application for a federal
(1) The office shall submit the proposed Medicaid waiver to the
prescription drug advisory committee established under this act.
(2) The prescription drug advisory committee must review, allow
public comment, and approve the proposed Medicaid waiver.
(d) A prescription drug program established or implemented by the
office or a contractor of the office under this SECTION may only limit
access to prescription drugs for prescription drug program recipients
to the extent that restrictions are in place in the Medicaid program on
the date of enactment of this act.
(e) Changes to a prescription drug program that:
(1) is established or implemented by the office or a contractor of
the office under this SECTION; and
(2) uses money from the Indiana prescription drug account
established under IC 4-12-8-2;
must be approved by the prescription drug advisory committee
established under this act.
(f) Before July 1, 2002, the office shall apply to the United States
Department of Health and Human Services for approval of any waiver
necessary under the federal Medicaid program to provide access to
prescription drugs for low income senior citizens.
(g) A Medicaid waiver developed under this SECTION must limit
a prescription drug program's state expenditures to funding
appropriated to the Indiana prescription drug account established under
IC 4-12-8-2 from the Indiana tobacco master settlement agreement
fund.
(h) The office may not implement a waiver under this SECTION
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.
(i) If the office receives a waiver under this SECTION from the
United States Department of Health and Human Services and the
governor receives the affidavit filed under subsection (f), the office
shall implement the waiver not more than sixty (60) days after the
governor receives the affidavit.
&YENC.2002
&YAMD.2002
SECTION 37. (a) There is appropriated from the Indiana tobacco
master settlement agreement fund (IC 4-12-1-14.3) fifteen million five
hundred sixteen thousand six hundred eighteen dollars ($15,516,618)
to the Indiana prescription drug account established under IC 4-12-8-2.
The budget agency shall allot the money appropriated under this
subsection for the Indiana prescription drug account.
(b) Notwithstanding IC 4-12-1-14.3, the amount appropriated under
subsection (a) is the remainder of the amount appropriated under
P.L.21-2000, SECTION 12 for the Indiana prescription drug program
that was not placed in the Indiana prescription drug account and does
(c) This SECTION expires July 1, 2004.
&YENC.2002
&YAMD.2002
SECTION 38. (a) As used in this SECTION, "office" refers to the
office of the secretary of family and social services.
(b) As used in this SECTION, "point of sale system" means a system
that uses an electronic hardware device that is:
(1) operated by a pharmacist on behalf of the office; and
(2) capable of:
(A) reading information on a card that is issued by the office;
and
(B) providing an immediate prescription drug benefit to the
eligible recipient.
(c) Before July 1, 2002, the office shall establish and implement a
point of sale system for the Indiana prescription drug program
established under IC 12-10-16.
(d) This SECTION expires July 1, 2002.
&YENC.2002
&YAMD.2002
SECTION 39. (a) As used in this SECTION, "office" refers to the
office of Medicaid policy and planning established under IC 12-8-6-1.
(b) Before September 1, 2002, the office shall apply to the United
States Department of Health and Human Services to do the following:
(1) Amend the state's waiver under 42 U.S.C. 1396n(b)(1) to
include the aged, blind, and disabled in the managed care
program under IC 12-15-12.
(2) Amend the state Medicaid plan in accordance with this act.
(c) The office may not implement the amendments under subsection
(b) until the office files an affidavit with the governor attesting that the
amendments applied for under this SECTION have been approved. The
office shall file the affidavit under this subsection not later than five (5)
days after the office is notified that the amendments are approved.
(d) If the United States Department of Health and Human Services
approves the amendments applied for under this SECTION and the
governor receives the affidavit filed under subsection (c), the office
shall implement the amendments not more than sixty (60) days after the
governor receives the affidavit.
(e) The office may adopt rules under IC 4-22-2 to implement this
SECTION.
(f) This SECTION expires December 31, 2008.
&YENC.2002
&YAMD.2002
SECTION 40. The chairperson shall make the appointments
required under IC 12-15-35-20.5, as added by this act, not more than
thirty (30) days after the effective date of this act.
&YENC.2002
&YAMD.2002
SECTION 41. (a) As used in this SECTION, "committee" refers to
the therapeutics committee established by IC 12-15-35-20.5, as added
by this act.
(b) The initial terms of office for the members of the committee are
as follows:
(1) Of the members appointed under IC 12-15-35-20.5(c)(1), as
added by this act:
(A) one (1) member shall be appointed for a term of one (1)
year;
(B) two (2) members shall be appointed for a term of two (2)
years; and
(C) two (2) members shall be appointed for a term of three (3)
years.
(2) Of the members appointed under IC 12-15-35-20.5(c)(2), as
added by this act:
(A) one (1) member shall be appointed for a term of two (2)
years; and
(B) one (1) member shall be appointed for a term of three (3)
years.
(c) This SECTION expires December 31, 2003.
&YENC.2002
&YAMD.2002
SECTION 2. IC 35-43-1-2, as amended by this act, applies only to
acts committed after June 30, 2002.
&YENC.2002
&YAMD.2002
SECTION 11. (a) As used in this SECTION, "director" refers to the
director of the division of special education of the department of
education.
(b) The director shall coordinate a task force to review services and
funding sources available for children and young adults with
disabilities.
(c) The members of the task force established under subsection (b)
are as follows:
(1) The director or the director's designee, who shall serve as
chairperson of the task force.
(2) The secretary of the office of family and social services, or the
secretary's designee.
(3) The director of the division of family and children, or the
director's designee.
(4) The director of the division of mental health and addiction, or
the director's designee.
(5) The director of the division of disability, aging, and
rehabilitative services, or the director's designee.
(6) The administrator of the office of Medicaid policy and
planning, or the administrator's designee.
(7) The commissioner of the state department of health, or the
commissioner's designee.
(8) The deputy commissioner of the department of correction for
juvenile services, or the deputy commissioner's designee.
(9) A member of the house of representatives, appointed by the
speaker of the house of representatives.
(10) A member of the senate, appointed by the president pro
tempore of the senate.
(11) A representative of a community mental health center,
appointed by the governor.
(12) A representative of a local education agency, appointed by
the state superintendent of public instruction.
(13) A parent advocate, appointed by the governor.
(14) A special education teacher, appointed by the governor.
(d) The task force established under subsection (b) shall study and
identify methods to achieve the following goals:
(1) Coordinating, integrating, and streamlining service delivery to
children with disabilities and the families of children with
disabilities.
(2) Maximizing the use of available federal, state, and local fiscal
resources to provide an array of services to children with
disabilities and the families of children with disabilities.
(e) Before November 1, 2002, the task force established under
subsection (b) shall submit a report to the executive director of the
legislative services agency, the state superintendent of public
instruction, the secretary of the office of family and social services, the
commissioner of the state department of health, and the commissioner
of the department of correction. The report must contain the following
information:
(1) Methods identified under subsection (d).
(2) Suggested legislative changes to accomplish the goals set forth
under subsection (d).
(3) Suggested agency policy changes to accomplish the goals set
forth under subsection (d).
(4) Proposed local pilot programs to test the methods set forth
under subdivision (1).
(f) This SECTION expires November 2, 2002.
&YENC.2002
&YAMD.2002
SECTION 12. Notwithstanding IC 21-3-1.8-6 and IC 21-3-10-11:
(1) a school corporation is entitled to receive transfer tuition
under IC 20-8.1, grants under IC 20-10.1-28, grants under IC
20-10.1-31, and distributions under IC 21; and
(2) a person shall be treated as an eligible student under IC
20-11-5-2;
after December 31, 2002, and before the effective date of this
SECTION as if IC 21-3-1.8-1.1 (at-risk index) and IC 21-3-10 (special
education grants) had not expired on January 1, 2002. A distribution of
money or a determination that a person is an eligible student in
conformity with this SECTION is ratified and validated to the same
extent as if this SECTION had been in effect at the time the distribution
or determination was made.
&YENC.2002
&YAMD.2002
SECTION 9. (a) If under IC 4-4-6.1-1(e), as amended by this act,
the president of the Association of Indiana Enterprise Zones designates
the executive director of an enterprise zone established under IC
4-4-6.1-3 to serve as a nonvoting, advisory member of the enterprise
zone board created under IC 4-4-6.1-1, as amended by this act, the
president shall make the designation to the enterprise zone board not
later than September 1, 2002.
(b) This SECTION expires January 1, 2003.
&YENC.2002
&YAMD.2002
SECTION 30. IC 35-43-1-2, as amended by this act, applies only to
acts committed after June 30, 2002.
&YENC.2002
&YAMD.2002
SECTION 3. IC 35-42-4-6, as amended by this act, applies only to
acts committed after June 30, 2002.
&YENC.
&YAMD.
(Repealed by P.L.141-2003, SEC.24.)
&YENC.2002
&YAMD.2002
SECTION 51. Notwithstanding any other provision of this act, the
following are not prohibited or limited:
(1) A levy of taxes under IC 12-16-14-1(1) before July 1, 2004 or
the collection of those taxes after July 1, 2004.
(2) An assessment of taxes under IC 12-16-14-1(2) before July 1,
2004, or the collection and allocation of those taxes after July 1,
2004.
&DNM.2002-120-52
&YENC.2002
&YAMD.2002
SECTION 52. (a) 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.
(b) If necessary, the office shall apply to the federal Health Care
Financing Administration for approval of the necessary state plan
amendment and demonstration waiver (42 U.S.C. 1396 et seq.) to
implement the uninsured parents program established under IC
12-17.7, as added by this act, as a non-open ended entitlement program
that takes into consideration the fact that enrollment levels must be
adjusted to prevent state expenditures beyond revenues dedicated to
fund the program.
(c) The office may not implement a state plan amendment or a
waiver until the office files an affidavit with the governor attesting that
both the amendment and waiver applied for under this SECTION are
in effect. The office shall file the affidavit under this subsection not
later than five (5) days after the office is notified that both the
amendment and the waiver are approved.
(d) If the office receives approval of the state plan amendment and
waiver request from the federal Health Care Financing Administration
and the governor receives the affidavit under subsection (c), the office
shall implement the state plan amendment and waiver thirty (30) days
after the governor receives the affidavit under subsection (c).
(e) Notwithstanding subsection (d), the office shall not in any event
implement the state plan amendment and waiver:
(1) before:
(A) January 1, 2004; and
(B) requisite funds for the program's implementation are
available or projected to be available, as determined by the
office;
(2) if federal law does not allow an upper payment limit
designated for Medicaid reimbursement to nonstate government
owned or operated hospitals equal to one hundred fifty percent
(150%) of a reasonable estimate of reimbursement under
Medicare payment principles; or
(3) after June 30, 2005.
(f) As soon as possible after the date that the office implements the
state plan amendment and waiver, the office shall:
(1) publish a public notice; and
(2) adopt a rule under IC 4-22-2;
stating the implementation date of the uninsured parents program.
(g) If the state plan amendment and waiver are not implemented
before July 1, 2005, the office may not implement IC 12-17.7, as added
by this act.
(h) This SECTION expires July 2, 2005.
&YENC.2002
&YAMD.2002
SECTION 53. (a) For purposes of reimbursement under IC
(1) Include in the office's calculation under STEP TWO of IC
12-15-15-1.1(b), payments made under IC 12-15-15-1.1, as
amended by P.L.283-2001, SECTION 19, attributable to inpatient
hospital services provided during the state fiscal year ending June
30, 2001.
(2) Include in the office's calculation under STEP TWO of IC
12-15-15-1.1(f), payments made under IC 12-15-15-1.1, as
amended by P.L.283-2001, SECTION 19, attributable to inpatient
hospital services provided during the state fiscal year ending June
30, 2001.
(3) Reimburse in a single payment before December 31, 2002.
(b) This SECTION expires December 31, 2003.
&YENC.2002
&YAMD.2002
SECTION 54. (a) For purposes of reimbursement under IC
12-15-15-1.3, as added by this act, for the state fiscal year ending June
30, 2001, the office shall do the following:
(1) Include in the office's calculation under STEP TWO of IC
12-15-15-1.3(b), payments made under IC 12-15-15-1.1, as
amended by P.L.283-2001, SECTION 19, attributable to
outpatient hospital services provided during the state fiscal year
ending June 30, 2001.
(2) Include in the office's calculation under STEP TWO of IC
12-15-15-1.3(f), payments made under IC 12-15-15-1.1, as
amended by P.L.283-2001, SECTION 19, attributable to
outpatient hospital services provided during the state fiscal year
ending June 30, 2001.
(3) Reimburse in a single payment before December 31, 2002.
(b) This SECTION expires December 31, 2003.
&YENC.2002
&YAMD.2002
SECTION 52. (a) As used in this SECTION, "committee" refers to
the interim study committee on terrorism established by this SECTION.
(b) There is established the interim study committee on terrorism.
The committee shall study issues related to terrorism.
(c) The committee shall operate under the policies governing study
committees adopted by the legislative council.
(d) The affirmative votes of a majority of the voting members
appointed to the committee are required for the committee to take
action on any measure, including final reports.
(e) This SECTION expires January 1, 2003.
&YENC.2002
&YAMD.2002
SECTION 53. (a) After June 30, 2002, a reference to the powers,
duties, or functions of security officers of the Indiana department of
administration in any statute or rule shall be treated as a reference to
the state police department established by IC 10-1-1-1.
(b) This SECTION expires July 1, 2005.
&YENC.2002
&YAMD.2002
SECTION 54. (a) As used in this SECTION, "department" refers to
the Indiana department of administration created by IC 4-13-1-2.
(b) As used in this SECTION, "security officer activity" refers to all
activities of the department that relate to the department's security
officers under IC 4.
(c) As used in this SECTION, "state police" refers to the state police
department established by IC 10-1-1-1.
(d) The security officer activity of the department is abolished, and
all powers, duties, and functions adhering to the security officer activity
of the department or the commissioner of the department are
transferred to the state police.
(e) The property and records of the security officer activity of the
department are transferred to the state police.
(f) This SECTION expires July 2, 2002.
&YENC.2002
&YAMD.2002
SECTION 55. (a) As used in this SECTION, "department" refers to
the Indiana department of administration created by IC 4-13-1-2.
(b) As used in this SECTION, "police employee" has the meaning
set forth in IC 10-1-1-2.
(c) As used in this SECTION, "security officer activity" refers to all
activities of the department that relate to the department's security
officers under IC 4.
(d) As used in this SECTION, "state police" refers to the state police
department established by IC 10-1-1-1.
(e) The special police employees of the state police assigned to
security activities under IC 10-1-1-29 or IC 10-1-1-30, both as added
by this act, shall initially be composed of the employees of the
department who are employed on June 30, 2002, as part of its security
officer activity. Civilian employees of the department that support the
security officer activity become employees of the state police.
(f) Except as provided in subsection (g), an employee of the
department who becomes a member of the state police under
subsection (e) on July 1, 2002:
(1) is entitled to have the employee's service under the department
before July 1, 2002, included for the purpose of computing all
applicable employment rights and benefits with the security
section;
(2) is a member of the state retirement fund or pension plan in
which the employee was a member on June 30, 2002; and
(3) if the employee was covered on June 30, 2002, by a labor
agreement to which the state is a party, shall continue to be
subject to the terms and conditions of the agreement and any
successor labor agreements entered into by the state.
(g) An employee of the department who:
(1) becomes a member of the state police under subsection (e);
and
(2) becomes a state police officer after fulfilling the law
enforcement training requirements and all other requirements of
the state police department;
is not entitled to have the employee's service under the department or
the security section included for the purpose of computing all
applicable employment rights and benefits as a state police officer.
(h) Positions of the department that are used to perform, or are in
support of, the security officer activity that are vacant on June 30,
2002, are transferred to the state police.
(i) This subsection does not apply to an employee described in
subsection (g). The salary of an employee of the department who
becomes a member of the state police under subsection (e) does not
change upon transfer to the state police.
(j) This subsection does not apply to an employee described in
subsection (g). An employee of the department on June 30, 2002, who
becomes a member of the state police under subsection (e) has the
same rank the employee held on June 30, 2002.
(k) All leases and obligations entered into by the department related
to the activities of the department's security officers under IC 4 before
July 1, 2002, that are legal and valid before July 1, 2002, are legal and
valid after June 30, 2002.
&YENC.2002
&YAMD.2002
SECTION 56. (a) As used in this SECTION, "security officer
activity" refers to all activities of the Indiana department of
administration that relate to the department's security officers under IC
4.
(b) Any appropriations made to the Indiana department of
administration for security officer activity or in support of security
officer activity are transferred to the state police department established
by IC 10-1-1-1, as added by this act.
(c) This SECTION expires July 1, 2003.
&YENC.2002
&YAMD.2002
SECTION 57. This act does not affect the legality of an enforcement
action, including an arrest, performed by a security officer of the
Indiana department of administration before July 1, 2002.
&YENC.2002
&YAMD.2002
SECTION 58. (a) As used in this SECTION, "officer" means a
person who is:
(1) a security officer with the Indiana department of
administration on June 30, 2002; and
(2) an employee of the state police department assigned to
security activities after June 30, 2002;
under the provisions of this act.
(b) The superintendent of the state police department shall make
available to an officer law enforcement training:
(1) required by the superintendent; and
(2) at a time that enables the officer to complete the training not
later than July 1, 2003.
(c) This SECTION expires July 2, 2003.
&YENC.2002
&YAMD.2002
SECTION 59. IC 35-43-1-2, IC 35-43-2-2, IC 35-45-1-3, IC
35-45-15-5, IC 35-47-12-1, and IC 35-47-12-2, all as amended by this
act, and IC 35-43-5-3.6 and IC 35-47-12-3, both as added by this act,
apply only to acts committed after June 30, 2002.
&YENC.2002
&YAMD.2002
SECTION 60. (a) Notwithstanding IC 9-24-6-2, as amended by this
act, the bureau of motor vehicles commission shall carry out the duties
imposed upon it under IC 9-24-6-2, 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 9-24-6-2.
(2) December 31, 2002.
&DNM.2002-123-61
&YENC.2002
&YAMD.2002
SECTION 61. (a) The general assembly finds that the state needs
the construction, equipping, purchasing, leasing, renovation,
refurbishing, or alteration of communications system infrastructure (as
defined in IC 5-26-5-1, as added by this act).
(b) The general assembly finds that the state will have a continuing
need for use and occupancy of the communications system
infrastructure described in subsection (a). The general assembly
authorizes the state office building commission to provide the
communications system infrastructure described in subsection (a)
under IC 4-13.5-1 and IC 4-13.5-4, including the borrowing of money
or the issuance and sale of bonds, or both, under IC 4-13.5-4.
&YENC.2002
&YAMD.2002
SECTION 62. (a) As used in this SECTION, "applicable statute"
refers to the following:
(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.
(b) There is appropriated from the state license branch fund to the
integrated public safety communications fund established by IC
5-26-4-1 an amount equal to the result obtained in STEP TWO of the
following formula:
STEP ONE: Determine the number of transactions under an
applicable statute after December 31, 2001, and before July 1,
2002.
STEP TWO: Multiply the number determined in STEP ONE by
one dollar and twenty-five cents ($1.25).
(c) This SECTION expires July 1, 2003.
&YENC.2002
&YAMD.2002
SECTION 4. IC 12-17.2-3.5-10(a), as amended by this act, applies
to a provider that begins receiving voucher payments after June 30,
2002.
&YENC.2002
&YAMD.2002
SECTION 2. IC 35-46-3-12, as amended by this act, applies only to
crimes committed after June 30, 2002.
&YENC.2002
&YAMD.2002
SECTION 70. (a) IC 35-46-1-15.1, as amended by this act, and IC
35-47-4-6, as added by this act, apply only to an offense committed
after June 30, 2002.
(b) A protective order issued before July 1, 2002, under IC
31-34-17, IC 31-37-16, or IC 34-26-2, all as repealed by this act,
remains in effect for the period indicated in the court order granting the
protective order.
(c) A protective order issued before July 1, 2002, under IC 31-14-16
or IC 31-15-5, as amended by this act, remains in effect for the period
(d) After June 30, 2002, a protected person must use the forms
developed by the division of state court administration under IC
34-26-5-3, as added by this act, if the person is seeking an extension or
a modification of an order issued under subsection (b) or (c).
&YENC.2002
&YAMD.2002
SECTION 5. (a) The definitions in IC 12-10-17 apply to this
SECTION.
(b) Notwithstanding IC 12-10-17-15, an individual in need of
self-directed in-home care who has hired a personal services attendant
who has been approved by the division of disability, aging, and
rehabilitative services shall hire a fiscal agent to provide payroll and
bookkeeping services, including the following:
(1) Assisting the individual in completing and submitting
applications for state and federal employment tax identification
numbers, unemployment insurance, and worker's compensation
insurance.
(2) Processing payroll, including income tax withholdings, Social
Security deductions under the Federal Insurance Contributions
Act (FICA), worker's compensation, and wages.
(3) Disbursing checks to the personal services attendant and
proper governmental agencies. The fiscal agent shall prepare a
check for the fiscal agent's services that must be signed by the
individual in need of self-directed in-home care.
(4) Preparing employer tax forms, including W-4 forms.
(5) Supplying weekly time slips to be used by the individual in
need of self-directed in-home care.
(c) The fiscal agent must be a private accounting firm or a nonprofit
corporation, association, or organization located in Indiana.
(d) The fiscal agent that is selected by the individual in need of
self-directed in-home care shall register with the division of disability,
aging, and rehabilitative services before providing bookkeeping
services.
(e) Subject to IC 12-10-17-14(b), the individual in need of
self-directed in-home care shall deliver the personal services
attendant's time sheet to the fiscal agent.
(f) Subject to IC 12-10-17-14(b), the time sheet must be certified:
(1) by the personal services attendant that the hours were worked
as recorded; and
(2) by the individual in need of self-directed in-home care that the
services were rendered as recorded and that the services were
within the limits of the authorized care plan.
(g) Before July 1, 2003, the division shall adopt rules under IC
4-22-2 concerning:
(1) the method of payment to a personal services attendant who
provides authorized services under IC 12-10-17;
(2) the method of payment for the fiscal agent who provides
authorized services under IC 12-10-17; and
(3) record keeping requirements for personal attendant services.
(h) This SECTION expires July 1, 2003.
&YENC.2002
&YAMD.2002
SECTION 5. (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
(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
(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 and make recommendations concerning increasing the
number of:
(1) nurses;
(2) respiratory care practitioners;
(3) speech pathologists; and
(4) dental hygienists.
(23) 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
(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.
&YENC.2002
&YAMD.2002
SECTION 1. (a) Subject to subsection (b), the board of trustees of
Purdue University may issue and sell bonds under IC 20-12-6, subject
to the approvals required by IC 20-12-5.5, for the following project as
long as the sum of principal costs of any bonds issued does not exceed
the total authority listed below. The principal costs of the bonds include
all acquisition, installation, planning, and other related costs. Interest
and financing charges, costs, and expenses may also be financed as part
of the bond issue in amounts that may be in addition to the total
authority listed below. The trustees are further authorized to pledge any
available funds not otherwise encumbered as may be required to secure
repayment of the bonds, together with interest and financing charges,
costs, and expenses.
PURDUE UNIVERSITY
West Lafayette Campus
for Nanotechnologies/Life Sciences
Research Facility$24,000,000
The above project must be repaid from operating funds and is not
eligible for fee replacement appropriations.
(b) The issuance of bonds under this SECTION is subject to the
approval of the budget agency after review by the budget committee.
The budget agency may not approve a bond issue under this SECTION
unless the board of trustees of Purdue University provides evidence of
a commitment by the federal government to make federal funds
available for the project.
&YENC.2002
&YAMD.2002
SECTION 5. IC 33-11.6-4-15, as amended by this act, applies only
&YENC.2002
&YAMD.2002
SECTION 10. (a) As used in this SECTION, "electric personal
assistive mobility device" means a self-balancing, two nontandem
wheeled device that is designed to transport only one (1) person and
that has the following:
(1) An electric propulsion system with average power of seven
hundred fifty (750) watts or one (1) horsepower.
(2) A maximum speed of less than twenty (20) miles per hour
when operated on a paved level surface, when powered solely by
the propulsion system referred to in subdivision (1), and when
operated by an operator weighing one hundred seventy (170)
pounds.
(b) As used in this SECTION, "commission" refers to the state fair
commission established by IC 15-1.5-2-1.
(c) As used in this SECTION, "executive director" refers to the
executive director of the commission employed under IC 15-1.5-2-9.
(d) As used in this SECTION, "fairgrounds" has the meaning set
forth in IC 15-1.5-1-7.
(e) As used in this SECTION, "motorized cart" means any
conveyance that is motor driven, either by gas or electricity, that is used
to carry passengers or equipment, and that is smaller than normal road
type vehicles such as cars, recreational vehicles, and trucks.
(f) Notwithstanding IC 9-13-2-109, as amended by this act, and
notwithstanding 80 IAC 4-3-3(a), an electric personal assistive mobility
device is considered to be a motorized cart and may be used upon the
fairgrounds.
(g) Before January 1, 2003, the commission shall amend 80 IAC
4-3-3 to permit the use of an electric personal assistive mobility device
upon the fairgrounds as a motorized cart.
(h) Before January 1, 2003, the commission shall amend 80 IAC
4-3-5(d) and (e) to exclude a person who uses an electric personal
assistive mobility device upon the fairgrounds from the insurance
requirements of those subsections.
(i) The commission shall carry out the duties imposed upon it under
this SECTION under interim guidelines that are approved by the
executive director and authorized by the adoption of a resolution by the
commission under IC 15-1.5-2-9(c)(1).
(j) This SECTION expires on the earlier of the following:
(1) The dates rules are adopted under subsections (f), (g), and (h)
of this SECTION.
(2) December 31, 2003.
&DNM.2002-146-2
&YENC.2002
&YAMD.2002
SECTION 2. IC 6-1.1-10.1-10, as added by this act, applies to
property taxes first due and payable after December 31, 2003.
&DNM.2002-148-16
&YENC.2002
&YAMD.2002
SECTION 16. (a) As used in this SECTION, "department" refers to
the department of natural resources.
(b) Notwithstanding IC 14-27-7.5-8, as added by this act, and IC
14-27-7, as amended by this act, the department may continue to issue
permits for dams under IC 14-27-7 until the rules concerning
permitting under IC 14-27-7.5 become effective.
(c) Notwithstanding IC 14-27-7.5, as added by this act, a permit for
a dam issued under IC 14-27-7 remains valid until the expiration of the
permit.
(d) This SECTION expires June 30, 2007.
&YENC.2002
&YAMD.2002
SECTION 3. (a) Notwithstanding IC 34-6-2-103, the term "person"
for purposes of IC 34-30-10.5, means the following:
(1) A political subdivision (as defined in IC 36-1-2-13).
(2) A volunteer fire department (as defined in IC 36-8-12-2).
(3) An employee of an entity described in subdivision (1) or (2)
who acts within the scope of the employee's responsibilities.
(4) A volunteer firefighter (as defined in IC 36-8-12-2) who is
acting for a volunteer fire department.
(5) After March 31, 2002, a corporation, a limited liability
company, a partnership, an unincorporated association, or any
other entity recognized by law.
(b) This SECTION expires July 1, 2002.
&YENC.2002
&YAMD.2002
SECTION 12. (a) There is appropriated to the natural resources
reclamation division fund established by IC 14-34-14-2 two hundred
fifty thousand dollars ($250,000) from the post-1977 abandoned mine
reclamation fund established by IC 14-34-6-15 for its use beginning
July 1, 2002, and ending June 30, 2003.
(b) This SECTION expires January 1, 2004.
&YENC.2002
&YAMD.2002
SECTION 13. (a) Notwithstanding IC 14-34-13-1 and IC
14-34-13-2, the following reclamation fee schedule applies with
respect to coal mining operations for the period beginning April 1,
2002, and ending June 30, 2003:
(1) All operators of surface coal mining operations subject to IC
14-34 shall pay to the department of natural resources for deposit
in the natural resources reclamation division fund established by
IC 14-34-14-2 a reclamation fee of five and five-tenths cents
(2) All operators of underground coal mining operations subject
to IC 14-34 shall pay to the department of natural resources for
deposit in the natural resources reclamation division fund
established by IC 14-34-14-2 a reclamation fee of three cents
($0.03) per ton of coal produced.
(b) After June 30, 2003, the reclamation fees paid by coal mining
operators are the amounts per ton specified in IC 14-34-13-1 and IC
14-34-13-2, as amended by this act.
(c) This SECTION expires January 1, 2004.
&YENC.2002
&YAMD.2002
SECTION 3. (a) As used in this SECTION, "department" refers to
the Indiana department of transportation.
(b) Not later than July 1, 2002, the department shall form a task
force to identify barriers to enabling interested parties to develop a
multitenant conduit system for fiber optic communications to be
located in the highway rights-of-way maintained and owned by the
department. The goal of the task force formed under this subsection
shall be to identify barriers that inhibit private industry from funding
and developing a multitenant conduit system.
(c) The task force formed under subsection (b) shall submit its
findings to the executive director of the legislative services agency not
later than November 1, 2002.
(d) This SECTION expires December 31, 2003.
&YENC.2002
&YAMD.2002
SECTION 4. (a) This SECTION applies to a county having a
population of more than one hundred forty-five thousand (145,000) but
less than one hundred forty-eight thousand (148,000).
(b) Notwithstanding IC 6-3.5-1.1-2, IC 6-3.5-6-8, and IC 6-3.5-7-5,
an ordinance to impose the county adjusted gross income tax, the
county option income tax, or the county economic development income
tax in the county may be adopted before May 16, 2002.
(c) This SECTION expires December 31, 2002.
&YENC.2002
&YAMD.2002
SECTION 8. (a) An individual who installs manufactured homes
does not violate IC 25-23.7-5-1 or IC 25-23.7-7-5(1), both as added by
this act, and may not be disciplined or sanctioned for failure to have an
installer's license, if the person obtains a license before July 1, 2004.
(b) This SECTION expires January 1, 2005.
&YENC.2002
&YAMD.2002
SECTION 9. (a) As used in this SECTION, "board" refers to the
manufactured home installers licensing board established by IC
25-23.7-3-1, as added by this act.
(b) The governor shall make the initial appointments to the board
not later than July 1, 2003. In making an initial appointment, the
governor shall indicate the length of the term for which the individual
is appointed.
(c) The initial terms of office for the nine (9) individuals appointed
to the board by the governor are as follows:
(1) Two (2) members for a term of one (1) year.
(2) Two (2) members for a term of two (2) years.
(3) Two (2) members for a term of three (3) years.
(4) Three (3) members for a term of four (4) years.
(d) The initial terms begin July 1, 2003.
(e) An individual who does not meet the requirements of IC
25-23.7-3-2(a)(1)(A), as added by this act, may be appointed to the
board under IC 25-23.7-3-2(a)(1), as added by this act, if the
individual:
(1) meets the requirements of IC 25-23.7-5-2, as added by this act,
except for IC 25-23.7-5-2(1)(C), as added by this act;
(2) has been actively engaged in the installation of manufactured
homes for at least five (5) years immediately before the person's
appointment; and
(3) obtains a license under IC 25-23.7-5, as added by this act, not
later than July 1, 2004.
(f) A board member appointed under subsection (e) who does not
obtain the requisite license under IC 25-23.7-5, as added by this act, on
or before July 1, 2004, shall be considered to have resigned from the
board on that date, and the governor shall fill the vacancy under IC
25-23.7-3-4(b), as added by this act.
(g) Not later than January 1, 2004, the board shall adopt rules under
IC 4-22-2 to carry out this act.
(h) This SECTION expires July 1, 2007.
&YENC.2002
&YAMD.2002
SECTION 10. (a) The definitions in IC 25-23.7-2, as added by this
act, apply throughout this SECTION.
(b) An individual who applies for a license as an installer of a
manufactured home under IC 25-23.7-2, as added by this act, is not
required to comply with IC 25-23.7-5-2(1)(D), as added by this act.
Such an individual is required to do the following:
(1) Show to the satisfaction of the board that the individual is an
experienced installer.
(2) Comply with the other requirements of IC 25-23.7-5-2, as
added by this act.
(c) This SECTION expires July 1, 2006.
&YENC.2002
&YAMD.2002
SECTION 1. (a) As used in this SECTION, "commission" refers to
the health finance commission established by IC 2-5-23-3.
(b) The commission shall develop a plan to reorganize the office of
the secretary of family and social services established by IC 12-8-1-1.
Before November 1, 2002, the commission shall issue a final report.
The final report must:
(1) describe the reorganization plan required by this subsection;
and
(2) contain recommendations for legislation.
The commission shall submit a copy of the final report to the executive
director of the legislative services agency.
(c) This SECTION expires December 31, 2002.
&YENC.2002
&YAMD.2002
SECTION 3. (a) The environmental quality service council shall do
the following:
(1) Develop and propose a plan for the creation and funding of an
effective hazardous air pollutant monitoring program to help
assess potential health risks from hazardous air pollutants posed
by urban air and significant sources.
(2) Consider methods for the department of environmental
management and state department of health to:
(A) request and receive hazardous air pollution release
information in a timely and effective manner; and
(B) communicate to the public and the reporting sources (as
defined in IC 13-11-2-213) the responses received as a result
of the requests.
(3) Provide to the executive director of the legislative services
agency at the time the environmental quality service council
submits its final report in 2002 as directed by the legislative
council:
(A) a report of its activities under subdivisions (1) and (2); and
(B) an outline of the hazardous air pollutant program plan
developed and proposed under subdivision (1).
(b) This SECTION expires January 1, 2003.
&YENC.2002
&YAMD.2002
SECTION 4. (a) The department of environmental management and
the state department of health shall do the following:
(1) Jointly develop a five (5) year hazardous air pollutant strategy
that includes at least the following:
(A) An inventory of known hazardous air pollutant emissions
in Indiana, including quantities and types of sources.
(B) An assessment of the quality and usefulness of existing
data on hazardous air pollutant:
(i) emissions;
(ii) air quality monitoring; and
(iii) human health impacts.
(C) A description of the gaps in the existing data, alternatives
to fill those gaps, and the departments' preferred approach
among those alternatives.
(D) Based on available information, the departments' top ten
(10) priorities to address significant risks posed by hazardous
air pollutant releases and the basis for each priority.
(E) Based on available information, an inventory of
commercial and industrial air pollutant sources, air pollutant
source categories, and hazardous air pollutants that require
additional study to determine potential human health impacts.
(F) A plan that identifies additional hazardous air pollutant
data needs, including the:
(i) intended uses of;
(ii) processes to be used to collect; and
(iii) resources necessary to collect and assess;
the additional data.
(2) Provide the strategy developed under subdivision (1) in
writing to the environmental quality service council before
November 1, 2002.
(b) This SECTION expires January 1, 2003.
&YENC.2002
&YAMD.2002
SECTION 2. (a) As used in this SECTION, "association" has the
meaning set forth in IC 27-8-10-1.
(b) As used in this SECTION, "association policy" has the meaning
set forth in IC 27-8-10-1.
(c) As used in this SECTION, "insured" has the meaning set forth
in IC 27-8-10-1.
(d) Beginning December 1, 2002, not later than December 31 of
each calendar year, the association shall report the following
information for the immediately preceding calendar year to the
legislative council and the department of insurance:
(1) The rate of turnover of insureds.
(2) The percentage of premiums for association policies that are
paid by the following:
(A) An insured.
(B) A third party.
(3) The amount that each individual association member is:
(A) assessed under IC 27-8-10-2.1(g); and
(B) able to take in tax credits under IC 27-8-10-2.1(n).
(4) The impact of insuring federally eligible individuals under
association policies.
(e) This SECTION expires June 30, 2005.
&YENC.2002
&YAMD.2002
SECTION 16. Notwithstanding IC 12-7-2-12, as amended by this
act, a person participating in an alcohol and drug services program
before July 1, 2002, solely as a result of committing an infraction may
continue in the program until the person successfully completes the
program or is removed for a violation or noncompliance, whichever
occurs first.
&YENC.2002
&YAMD.2002
SECTION 179. (a) The initial school year budget that is:
(1) adopted by a school corporation to which IC 6-1.1-17-5.6, as
added by this act, applies; and
(2) 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.
&YENC.2002
&YAMD.2002
SECTION 180. (a) Notwithstanding IC 12-28-5-12(b), a supervised
group living facility described in IC 12-28-5-12(c) may locate in only
one (1) of the following counties:
(1) A county having a population of more than twenty-seven
thousand (27,000) but less than twenty-seven thousand two
hundred (27,200).
(2) A county having a population of more than one hundred
seventy thousand (170,000) but less than one hundred eighty
thousand (180,000).
(3) A county having a population of more than fifty thousand
(50,000) but less than fifty-five thousand (55,000).
(b) This SECTION expires July 1, 2002.
&YENC.2002
&YAMD.2002
SECTION 181. (a) As used in this SECTION, "board" refers to a
board, a commission, a committee, a council, or another body
established by a statute that requires the membership to be appointed
so that at least one (1) member represents each congressional district
in Indiana.
(b) Notwithstanding any other law, if the membership of a board is
such that at least one (1) board member represents each congressional
district of Indiana in effect before the 2002 congressional elections,
then both of the following apply:
(1) After December 31, 2001, the membership of the board is
(2) Each board member may serve on the board until the
member's term of office otherwise would have expired.
(c) The appointing authority of a board's members shall fill
vacancies in the board's membership that occur after June 30, 2002, so
that the board's membership reflects, to the extent possible, the
congressional districts in effect beginning with the 2002 congressional
elections.
(d) This SECTION expires July 1, 2006.
&YENC.2002
&YAMD.2002
SECTION 182. (a) As used in this SECTION, "noncode statute" has
the meaning set forth in IC 1-1-4-5, as amended by this act.
(b) Notwithstanding any other bill enacted during the 2002 regular
session of the Indiana general assembly, this SECTION applies to each
SECTION of each bill enacted during the 2002 regular session of the
Indiana general assembly that satisfies all the following:
(1) The SECTION amends a noncode statute or a provision of the
Indiana Code.
(2) The SECTION takes effect before April 1, 2002.
(3) The SECTION contains an amendment to a population
parameter.
(c) The amendment to a population parameter in a SECTION
described in subsection (b) takes effect April 1, 2002, and the
amendment to other provisions in a SECTION described in subsection
(b) take effect as otherwise provided in the bill described in subsection
(b).
&YENC.2002
&YAMD.2002
SECTION 183. (a) As used in this SECTION, "noncode statute" has
the meaning set forth in IC 1-1-4-5, as amended by this act.
(b) Notwithstanding any other bill enacted during the 2002 regular
session of the Indiana general assembly, this SECTION applies to each
SECTION of each bill enacted during the 2002 regular session of the
Indiana general assembly that satisfies all the following:
(1) The SECTION enacts a noncode statute or a new provision of
the Indi