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&DNM.2003-1-108
&YENC.2003
&YAMD.2003
SECTION 108. (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 25-23.7-5, 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.
&DNM.2003-1-109
&YENC.2003
&YAMD.2003
SECTION 109. (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, "grantee" refers to Ivy Tech State
College.
(d) As used in this SECTION, "parcel 1" refers to the following
described real estate:
Part of the Southwest Quarter of Section 20, Township 31 North,
Range 13 East of the Second Principal Meridian in Allen County,
Indiana, more particularly described as follows:
Commencing at a 1 inch brass pin found at the Southwest corner
of the Southwest Quarter; thence North 00 degrees, 42 minutes,
00 seconds West, (assumed bearing and basis of bearings to
follow), a distance of 875.00 feet along the West line of the Southwest Quarter and the centerline of St. Joe Road; thence North 89 degrees, 18 minutes, 00 seconds East, a distance of 81.20 feet to an east right-of-way line of St. Joe Road; thence North 65 degrees, 31 minutes, 43 seconds East, a distance of 12.80 feet along the right-of-way line to an east right-of-way line of St. Joe Road; thence North 00 degrees, 30 minutes, 32 seconds West, a distance of 54.84 feet along the right-of-way line to a 5/8 inch steel rebar set at the POINT OF BEGINNING of this description; thence continuing North 00 degrees, 30 minutes, 32 seconds West, a distance of 2.16 feet along the right-of-way line to a 5/8 inch steel rebar set; thence North 66 degrees, 32 minutes, 47 seconds West, a distance of 49.24 feet along the right-of-way line to a 5/8 inch steel rebar set; thence North 00 degrees, 30 minutes, 32 seconds West, a distance of 25.65 feet along the right-of-way line to a tangent curve, concave to the East, having a radius of 3774.72 feet; thence northerly along the curve and the right-of-way line a distance of 245.63 feet, having a central angle of 03 degrees, 43 minutes, 42 seconds, and a chord of 245.58 feet bearing North 01 degrees, 21 minutes, 19 seconds East to a 5/8 inch steel rebar set at the point of tangency; thence North 03 degrees, 13 minutes, 10 seconds East, a distance of 39.33 feet along the right-of-way line to a 5/8 inch steel rebar set on a tangent curve, concave to the West, having a radius of 3864.72 feet; thence northerly along the curve and the right-of-way line a distance of 66.73 feet, having a central angle of 00 degrees, 59 minutes, 21 seconds, and a chord of 66.72 feet bearing North 02 degrees, 43 minutes, 29 seconds East to a 5/8 inch steel rebar set; thence North 89 degrees, 18 minutes, 00 seconds East, a distance of 95.95 feet to a 5/8 inch steel rebar set; thence North 00 degrees, 42 minutes, 00 seconds West, a distance of 50.00 feet to a 5/8 inch steel rebar set; thence South 89 degrees, 18 minutes, 00 seconds West, a distance of 93.72 feet to a 5/8 inch steel rebar set on the east right-of-way line of St. Joe Road, also being a nontangent curve, concave to the West, having a radius of 3864.72 feet; thence northerly along the curve and the right-of-way line a distance of 160.56 feet, having a central angle of 02 degrees, 22 minutes, 50 seconds, and a chord of 160.56 feet bearing North 00 degrees, 17 minutes, 53 seconds East to a 5/8 inch steel rebar set at the point of tangency; thence North 00 degrees, 53 minutes, 32 seconds West, a distance of 476.10 feet along the east right-of-way line to a 5/8 inch steel rebar set; thence South 86 degrees, 42 minutes, 36 seconds East, a distance of 343.35 feet to a 5/8 inch steel rebar set; thence South 89 degrees, 07 minutes, 22 seconds East, a distance of 223.92 feet to a 5/8 inch steel rebar set; thence South 00 degrees, 52 minutes, 38 seconds West, a distance of 46.59 feet to a 5/8 inch steel rebar set; thence North 89 degrees, 17 minutes, 51 seconds East, a distance of 44.11 feet to a 5/8 inch steel rebar set; thence South 00
degrees, 42 minutes, 09 seconds East, a distance of 360.32 feet to
a 5/8 inch steel rebar set; thence South 89 degrees, 17 minutes, 51
seconds West, a distance of 65.00 feet; thence South 00 degrees,
42 minutes, 09 seconds East, a distance of 60.00 feet; thence
North 89 degrees, 17 minutes, 51 seconds East, a distance of
65.00 feet to a 5/8 inch steel rebar set; thence South 00 degrees,
42 minutes, 09 seconds East, a distance of 264.24 feet to a 5/8
inch steel rebar set; thence South 89 degrees, 17 minutes, 51
seconds West, a distance of 41.74 feet to a 5/8 inch steel rebar set;
thence South 01 degrees, 02 minutes, 54 seconds East, a distance
of 38.87 feet to a 5/8 inch steel rebar set; thence North 89
degrees, 17 minutes, 51 seconds East, a distance of 41.66 feet;
thence North 01 degrees, 02 minutes, 54 seconds West, a distance
of 25.48 feet to a 5/8 inch steel rebar set; thence North 88
degrees, 57 minutes, 06 seconds East, a distance of 657.00 feet to
a 5/8 inch steel rebar set; thence South 01 degrees, 06 minutes, 51
seconds East, a distance of 250.49 feet to a 5/8 inch steel rebar
set; thence South 88 degrees, 58 minutes, 30 seconds West, a
distance of 656.47 feet to a 5/8 inch steel rebar set at a tangent
curve, concave to the South, having a radius of 860.00 feet,
thence westerly along the curve, a distance of 211.44 feet, having
a central angle of 14 degrees, 05 minutes, 11 seconds, and a chord
of 210.90 feet bearing South 81 degrees, 55 minutes, 54 seconds
West to a 5/8 inch steel rebar set at the point of tangency; thence
South 74 degrees, 53 minutes, 19 seconds West, a distance of
55.77 feet to a 5/8 inch steel rebar set at a tangent curve, concave
to the North, having a radius of 640.00 feet, thence westerly along
the curve, a distance of 160.98 feet, having a central angle of 14
degrees, 24 minutes, 42 seconds, and a chord of 160.56 feet
bearing South 82 degrees, 05 minutes, 39 seconds West to a 5/8
inch steel rebar set at the point of tangency; thence South 89
degrees, 18 minutes, 00 seconds West, a distance of 163.18 feet
to the POINT OF BEGINNING. Containing 18.224 acres, more
or less.
(e) As used in this SECTION, "parcel 2" refers to the following
described real estate:
Part of the Southwest Quarter of Section 20, Township 31 North,
Range 13 East of the Second Principal Meridian in Allen County,
Indiana, more particularly described as follows:
Commencing at a 1 inch brass pin found at the Southwest corner
of the Southwest Quarter; thence North 00 degrees, 42 minutes,
00 seconds West, (assumed bearing and basis of bearings to
follow), a distance of 875.00 feet along the West line of the
Southwest Quarter and the centerline of St. Joe Road; thence
North 89 degrees, 18 minutes, 00 seconds East, a distance of
81.20 feet to a east right-of-way line of St. Joe Road, also being
the POINT OF BEGINNING of this description; thence North 65
degrees, 31 minutes, 43 seconds East, a distance of 12.80 feet
along the right-of-way line to a east right-of-way line of St. Joe
Road to a 5/8 inch steel rebar set; thence North 00 degrees, 30
minutes, 32 seconds West, a distance of 54.84 feet along the
right-of-way line to a 5/8 inch steel rebar set; thence North 89
degrees, 18 minutes, 00 seconds East, a distance of 163.18 feet to
a 5/8 inch steel rebar set at a tangent curve, concave to the North,
having a radius of 640.00 feet, thence easterly along the curve a
distance of 160.98 feet, having a central angle of 14 degrees, 24
minutes, 42 seconds, and a chord of 160.56 feet bearing North 82
degrees, 05 minutes, 39 seconds East to a 5/8 inch steel rebar set
at the point of tangency; thence North 74 degrees, 53 minutes, 19
seconds East, a distance of 55.77 feet to a 5/8 inch steel rebar set
at a tangent curve, concave to the South, having a radius of
860.00 feet; thence easterly along the curve a distance of 211.44
feet, having a central angle of 14 degrees, 05 minutes, 11 seconds,
and a chord of 210.90 feet bearing North 81 degrees, 55 minutes,
54 seconds East to a 5/8 inch steel rebar set at the point of
tangency; thence North 88 degrees, 58 minutes, 30 seconds East,
a distance of 656.47 feet to a 5/8 inch steel rebar set; thence North
01 degrees, 06 minutes, 51 seconds West, a distance of 250.49
feet to a 5/8 inch steel rebar set; thence North 88 degrees, 57
minutes, 06 seconds East, a distance of 50.00 feet to a 5/8 inch
steel rebar set; thence South 01 degrees, 06 minutes, 51 seconds
East, a distance of 310.56 feet to a 5/8 inch steel rebar set; thence
South 88 degrees, 58 minutes, 30 seconds West, a distance of
706.56 feet to a 5/8 inch steel rebar set at a tangent curve,
concave to the South, having a radius of 800.00 feet, thence
westerly along the curve, a distance of 196.68 feet, having a
central angle of 14 degrees, 05 minutes, 11 seconds, and a chord
of 196.19 feet bearing South 81 degrees, 55 minutes, 54 seconds
West to a 5/8 inch steel rebar set at the point of tangency; thence
South 74 degrees, 53 minutes, 19 seconds West, a distance of
55.77 feet to a 5/8 inch steel rebar set at a tangent curve, concave
to the North, having a radius of 700.00 feet, thence westerly along
the curve, a distance of 176.07 feet, having a central angle of 14
degrees, 24 minutes, 42 seconds, and a chord of 175.61 feet
bearing South 82 degrees, 05 minutes, 39 seconds West to a 5/8
inch steel rebar set at the point of tangency; thence South 89
degrees, 18 minutes, 00 seconds West, a distance of 175.07 feet
to the POINT OF BEGINNING. Containing 2.076 acres, more or
less.
(f) As used in this SECTION, "parcel 3" refers to the following
described real estate:
Part of the Southwest Quarter of Section 20, Township 31 North,
Range 13 East of the Second Principal Meridian in Allen County,
Indiana, more particularly described as follows:
Commencing at a 1 inch brass pin found at the Southwest corner
of the Southwest Quarter; thence North 00 degrees, 42 minutes,
00 seconds West, (assumed bearing and basis of bearings to
follow), a distance of 2303.57 feet along the West line of the
Southwest Quarter and the centerline of St. Joe Road; thence
North 89 degrees, 06 minutes, 28 seconds East, a distance of
66.22 feet to a 5/8 inch steel rebar set on the east right-of-way line
of St. Joe Road, also being the POINT OF BEGINNING of this
description; thence North 00 degrees, 53 minutes, 32 seconds
West, a distance of 50.00 feet along the right-of-way line to a 5/8
inch steel rebar set; thence North 89 degrees, 06 minutes, 28
seconds East, a distance of 198.29 feet; thence South 01 degrees,
15 minutes, 11 seconds East, a distance of 297.44 feet to a 5/8
inch steel rebar set; thence South 86 degrees, 42 minutes, 36
seconds East, a distance of 145.25 feet to a PK Nail set; thence
South 89 degrees, 07 minutes, 22 seconds East, a distance of
314.36 feet to a 5/8 inch steel rebar set; thence South 00 degrees,
42 minutes, 09 seconds East, a distance of 791.69 feet to a 5/8
inch steel rebar set; thence South 88 degrees, 57 minutes, 06
seconds West, a distance of 50.00 feet to a 5/8 inch steel rebar set;
thence South 01 degrees, 02 minutes, 54 seconds East, a distance
of 25.48 feet to a 5/8 inch steel rebar set; thence South 89
degrees, 17 minutes, 51 seconds West, a distance of 41.66 feet to
a 5/8 inch steel rebar set; thence North 01 degrees, 02 minutes, 54
seconds West, a distance of 38.87 feet to a 5/8 inch steel rebar set;
thence North 89 degrees, 17 minutes, 51 seconds East, a distance
of 41.74 feet to a 5/8 inch steel rebar set; thence North 00
degrees, 42 minutes, 09 seconds West, a distance of 264.24 feet
to a 5/8 inch steel rebar set; thence South 89 degrees, 17 minutes,
51 seconds West, a distance of 65.00 feet to a 5/8 inch steel rebar
set; thence North 00 degrees, 42 minutes, 09 seconds West, a
distance of 60.00 feet to a 5/8 inch steel rebar set; thence North
89 degrees, 17 minutes, 51 seconds East, a distance of 65.00 feet
to a 5/8 inch steel rebar set; thence North 00 degrees, 42 minutes,
09 seconds West, a distance of 743.35 feet to a 5/8 inch steel
rebar set; thence South 89 degrees, 17 minutes, 51 seconds West,
a distance of 44.11 feet to a 5/8 inch steel rebar set; thence North
00 degrees, 52 minutes, 38 seconds East, a distance of 46.59 feet
to a 5/8 inch steel rebar set; thence North 89 degrees, 07 minutes,
22 seconds West, a distance of 223.93 feet to a PK Nail set;
thence North 86 degrees, 42 minutes, 36 seconds West, a distance
of 303.54 feet to a 5/8 inch steel rebar set; thence North 03
degrees, 17 minutes, 24 seconds East, a distance of 50.00 feet to
a 5/8 inch steel rebar set; thence South 86 degrees, 42 minutes, 36
seconds East, a distance of 107.08 feet to a 5/8 inch steel rebar
set; thence North 01 degrees, 15 minutes, 11 seconds West, a
distance of 243.78 feet to a 5/8 inch steel rebar set; thence South
89 degrees, 06 minutes, 28 seconds West, a distance of 148.61
feet to the POINT OF BEGINNING. Containing 2.245 acres,
more or less.
(g) As used in this SECTION, "parcel 4" refers to the following
described real estate:
Part of the Southwest Quarter of Section 20, Township 31 North,
Range 13 East of the Second Principal Meridian in Allen County,
Indiana, more particularly described as follows:
Commencing at a 1 inch brass pin found at the Southwest corner
of the Southwest Quarter; thence North 00 degrees, 42 minutes,
00 seconds West, (assumed bearing and basis of bearings to
follow), a distance of 1334.23 feet along the west line of the
Southwest Quarter and the centerline of St. Joe Road; thence
North 89 degrees, 18 minutes, 00 seconds East, a distance of
63.73 feet to a 5/8 inch steel rebar set on the east right-of-way line
of St. Joe Road, this point also being the POINT OF BEGINNING
of this description, also being on a non-tangent curve, concave to
the West, having a radius of 3864.72 feet; thence northerly along
the curve and the right-of-way line a distance of 50.05 feet,
having a central angle of 00 degrees, 44 minutes, 31 seconds, and
a chord of 50.05 feet bearing North 01 degrees, 51 minutes, 33
seconds East to a 5/8 inch steel rebar set; thence North 89
degrees, 18 minutes, 00 seconds East, a distance of 93.72 feet to
a 5/8 inch steel rebar set; thence South 00 degrees, 42 minutes, 00
seconds East, a distance of 50.00 feet to a 5/8 inch steel rebar set;
thence South 89 degrees, 18 minutes, 00 seconds West, a distance
of 95.95 feet to the POINT OF BEGINNING. Containing 0.109
acres, more or less.
(h) The governor and the commissioner are authorized and directed
on behalf of and in the name of the state of Indiana to convey parcel 1
to the grantee. The conveyance of parcel 1 shall be made without
consideration.
(i) Conveyance of parcel 1 is subject to the following:
(1) Highways, easements, and restrictions of record.
(2) Use of parcel 1 by the grantee for the future growth and
development of Ivy Tech State College in Fort Wayne, Indiana.
(j) If parcel 1 is used for any purpose other than for the future
growth and development of Ivy Tech State College in Fort Wayne,
Indiana, title to parcel 1 reverts to the state of Indiana, subject to
subsection (k).
(k) The reversionary interest of the state described in subsection (j)
is subject to any recorded liens and encumbrances on parcel 1 that
result from an unsatisfied indebtedness incurred by the grantee to
improve parcel 1 to carry out the purposes stated in subsection (i)(2).
(l) The conveyance under this SECTION must comply with
IC 4-20.5-7 to the extent that IC 4-20.5-7 does not conflict with the
intent of this SECTION, which is to provide for the transfer of parcel
1 to the grantee. The department shall have a quitclaim deed prepared
to convey parcel 1 to the grantee. The deed must state the restrictions
and conditions contained in subsections (i), (j), and (k). The
commissioner and the governor shall sign the deed, and the seal of the
state shall be affixed to the deed.
(m) The department shall deliver the completed deed to the grantee.
The grantee shall have the deed recorded in Allen County, Indiana.
(n) The governor and the commissioner are authorized and directed
on behalf of and in the name of the state of Indiana to grant easements
to the grantee in parcel 2, parcel 3, and parcel 4 for the grantee and its
invitees to have ingress to and egress from parcel 1 and to have access
to utilities. The grant shall be made without consideration. The
easements are subject to highways, other easements, and restrictions of
record.
(o) The grantee shall have the easements recorded in Allen County,
Indiana.
(p) The easements granted under subsection (n) must comply with
IC 4-20.5-7 to the extent that IC 4-20.5-7 does not conflict with the
intent of this SECTION for the grantee and its invitees to have
adequate ingress to and egress from parcel 1 and to have access to
utilities.
(q) This SECTION expires July 1, 2007.
&DNM.2003-1-110
&YENC.2003
&YAMD.2003
SECTION 110. (a) Notwithstanding P.L.291-2001, SECTION 5, the
total operating expense for all universities shall be reduced by
$29,000,000 for FY 2002-2003. The amount of the reduction for each
main and regional campus equals the amount determined under STEP
FOUR of the following formula:
STEP ONE: Determine the amount of the total operating
appropriation to the campus.
STEP TWO: Determine the amount of the total operating
appropriations for all university campuses.
STEP THREE: Divide the STEP ONE amount by the STEP TWO
amount.
STEP FOUR: Multiply the STEP THREE amount by
$29,000,000.
(b) Notwithstanding P.L.291-2001, SECTIONS 5 and 38, and any
other law, universities may use a part of the money allocated to them
from the appropriation from the BUILD INDIANA FUND (BIF)
(IC 4-30-17), FOR THE BUDGET AGENCY, Higher Education
Technology, for operating expenses to defray the reductions under
subsection (a). The amount available for operating expense may not
exceed a total of $29,000,000. The formula in subsection (a) shall be
used to determine the amount main and regional campuses shall
receive.
&DNM.2003-1-111
&YENC.2003
&YAMD.2003
SECTION 111. (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.
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 web
sites.
(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:
(A) nurses;
(B) respiratory care practitioners;
(C) speech pathologists; and
(D) 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
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.
(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.2003-1-112
&YENC.2003
&YAMD.2003
SECTION 112. (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 seventeen (17) 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
members, who may not be from the same political party, to serve
on the commission.
(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
for in part or in whole by the state; and
(2) make recommendations regarding the commission's findings
under subdivision (1) to the appropriate division or department.
(i) This SECTION expires January 1, 2004.
&DNM.2003-6-8
&YENC.2003
&YAMD.2003
SECTION 8. (a) As used in this SECTION, "board" refers to the
board of accountancy established by IC 25-2.1-2-1.
(b) If a candidate has earned conditional credits on the written
examination administered under IC 25-2.1-3-6:
(1) before the repeal of IC 25-2.1-3-6 by this act; and
(2) as of the launch date of the computer based Uniform CPA
Examination;
the candidate shall retain conditional credits for the corresponding test
sections of the computer based Uniform CPA Examination, as defined
by rules adopted by the board.
(c) The board may adopt emergency rules in the manner provided
for the adoption of emergency rules under IC 4-22-2-37.1 to implement
subsection (b) and to allow candidates who do not pass all sections of
the computer based Uniform CPA Examination to receive conditional
credit for those sections passed in a manner consistent with the
provisions of the Uniform Accountancy Act and Uniform Accountancy
Act Rules published jointly by the National Association of State Boards
of Accountancy and the American Institute of Certified Public
Accountants. An emergency rule adopted under this subsection expires
on the earlier of the following:
(1) The date that a permanent rule adopted under IC 4-22-2
supersedes an emergency rule adopted under this subsection.
(2) December 31, 2004.
&DNM.2003-9-5
&YENC.2003
&YAMD.2003
SECTION 5. IC 35-46-3-11 and IC 35-46-3-11.5, both as amended
by this act, and IC 35-46-3-11.3, as added by this act, apply only to
offenses committed after June 30, 2003.
&DNM.2003-10-4
&YENC.2003
&YAMD.2003
SECTION 4. Notwithstanding the repeal of IC 20-5-4-1.7, as added
by P.L.253-2001, SECTION 1, the following provisions apply to bonds
issued under IC 20-5-4-1.7, as added by P.L.253-2001, SECTION 1,
before December 31, 2004:
(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.2003-11-3
&YENC.2003
&YAMD.2003
SECTION 3. (a) As used in this SECTION, "division" refers to the
division of mental health and addiction.
(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.
(6) Buprenorphine.
(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 29, 2004, for calendar year 2003;
(2) February 28, 2005, for calendar year 2004;
(3) February 28, 2006, for calendar year 2005;
(4) February 28, 2007, for calendar year 2006; and
(5) February 29, 2008, for calendar year 2007.
(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.
&DNM.2003-11-4
&YENC.2003
&YAMD.2003
SECTION 4. (a) Notwithstanding IC 35-48-3 and 856 IAC 2-3, the
Indiana board of pharmacy may not register a new applicant who plans
to distribute any of the following unless the applicant has been
approved by the division of mental health under SECTION 1 of this
act:
(1) Methadone.
(2) Levo-alphacetylmethadol.
(3) Levo-alpha-acetylmethadol.
(4) Levomethadyl acetate.
(5) LAAM.
(6) Buprenorphine.
(b) This SECTION expires July 1, 2008.
&DNM.2003-11-5
&YENC.2003
&YAMD.2003
SECTION 5. (a) Notwithstanding IC 12-23-18-2, as added by this
act, a methadone provider is not required to submit a diversion control
plan until February 28, 2004.
(b) This SECTION expires July 1, 2004.
&DNM.2003-22-4
&YENC.2003
&YAMD.2003
SECTION 4. IC 35-43-5-1 and IC 35-43-5-3.5, both as amended by
this act, apply only to crimes committed after June 30, 2003.
&DNM.2003-24-3
&YENC.
&YAMD.
(Repealed by P.L.28-2004, SEC.184.)
&DNM.2003-24-4
&YENC.2003
&YAMD.2003
&DNM.2003-31-1
&YENC.2003
&YAMD.2003
SECTION 1. (a) As used in this SECTION, "member" refers to a
person appointed under subsection (c)(3) or (c)(4) or to a legislator
whose district includes all or part of Lake County, Porter County,
LaPorte County, St. Joseph County, or Elkhart County.
(b) The northwest Indiana transportation study commission is
established.
(c) The commission consists of fourteen (14) voting members
appointed as follows:
(1) Six (6) members of the senate, not more than three (3) of
whom may be members of the same political party, appointed by
the president pro tempore of the senate.
(2) Six (6) members of the house of representatives, not more
than three (3) of whom may be members of the same political
party, appointed by the speaker of the house of representatives.
(3) One (1) individual who is not a legislator, appointed by the
Northwestern Indiana Regional Planning Commission.
(4) One (1) individual who is not a legislator, appointed by the
Michiana Area Council of Governments.
(d) The chairman of the legislative council shall select one (1)
member of the commission to serve as the chairperson and the vice
chairman of the legislative council shall select one (1) member of the
commission to serve as the vice chairperson.
(e) The commission shall:
(1) monitor the development of commuter transportation and rail
service in the Lowell-Chicago and Valparaiso-Chicago corridors;
(2) study all aspects of regional mass transportation and road and
highway needs in Lake County, Porter County, LaPorte County,
St. Joseph County, and Elkhart County; and
(3) study other topics as assigned by the legislative council.
(f) The commission shall submit a final report of the commission's
findings and recommendations to the legislative council before
November 1, 2005.
(g) Each member of the commission is entitled to receive the same
per diem, mileage, and travel allowances paid to individuals serving as
legislative or lay members on interim study committees established by
the legislative council.
(h) The legislative services agency shall provide staff support to the
commission.
(i) This SECTION expires November 2, 2005.
(l). The commissioner and the governor shall sign the deed, and the
seal of the state shall be affixed to the deed.
(o) The city of Evansville shall have the deed to the tract 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 tract 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 the 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 tract I real estate, the tract II real estate, and the tract III real
estate together consist of all 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 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) 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 Preservation Park, Inc.,
and the city of Evansville on issues related to the parking of motor
vehicles on the tract I real estate, the tract II real estate, or the 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 (v) 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) 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 the state in the tract III real
estate. Except as provided in this SECTION, the conveyance of the
tract III real estate shall be made without consideration. Conveyance of
the tract III real estate is subject to the following:
(1) Use of the real estate for educational and cultural purposes.
(2) Highways, easements, and restrictions of record.
However, the tract III real estate may not be used for public or private
housing.
(aa) The tract III real estate reverts to the city of Evansville if the
tract III real estate is not used for the purposes described in subsection
(z).
(bb) The conveyance of tract III 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 the tract III real estate to the Buffalo Trace Council of the Boy
Scouts of America. The deed must state the conditions and restrictions
contained in subsections (z) and (aa). The commissioner and the
governor shall sign the deed, and the seal of the state shall be affixed
to the deed.
(cc) The Buffalo Trace Council of the Boy Scouts of America shall
have the deed to the tract III real estate recorded in Vanderburgh
County, Indiana.
(dd) As provided in IC 4-20.5-7-5, the department shall conduct an
environmental audit of the real property to be conveyed under this
SECTION and remediate contamination found before conveying the
interests required to be conveyed under this SECTION.
(ee) This SECTION expires July 1, 2013.
&DNM.2003-33-3
&YENC.2003
&YAMD.2003
SECTION 3. (a) The Indiana department of transportation shall
work with the city of Evansville and the Evansville Urban Transit
Study to determine the most practical way to connect the grounds of the
Evansville State Hospital with Wesselman Park, Wesselman Woods,
and the Pigeon Creek greenway system.
(b) This SECTION expires July 1, 2008.
&DNM.2003-38-5
&DNM.2003-42-6
county adjusted gross income tax rate shall be made to the county
treasurer beginning November 1, 2004.
&DNM.2003-44-2
&DNM.2003-47-3
&DNM.2003-51-2
&DNM.2003-61-23
&DNM.2003-62-2
&DNM.2003-66-58
&DNM.2003-74-4
and payable after December 31, 2004.
&DNM.2003-76-1
&DNM.2003-77-2
completion of the member's term, the position must be filled as
provided in IC 6-9-18.
&DNM.2003-81-6
&DNM.2003-82-1
care in Indiana and collect, analyze, and evaluate this data.
&DNM.2003-89-2
from the Indiana Administrative Code.
&DNM.2003-89-3
&DNM.2003-92-64
and
&DNM.2003-102-5
&DNM.2003-103-5
&DNM.2003-105-6
&DNM.2003-105-7
&DNM.2003-112-2
&DNM.2003-118-1
Services and the governor receives the affidavit filed under subsection
(e), the office shall implement the amendments to the waivers not more
than sixty (60) days after the governor receives the affidavit.
&DNM.2003-120-2
&DNM.2003-123-4
&DNM.2003-124-1
&DNM.2003-126-1
following elements:
&DNM.2003-127-1
purpose described in subsection (b) with the following:
&DNM.2003-129-17
&DNM.2003-139-3
&DNM.2003-140-1
an estimate of the effect of the sentencing structures on the
department of correction and local facilities with respect to both
fiscal impact and inmate population.
&YENC.2003
&YAMD.2003
SECTION 5. IC 20-3-11-3.1, as amended by this act, and IC
20-4-1-26.10, IC 20-4-1-27.2, and IC 20-4-8-18.5, as added by this act,
apply to all school board elections held after December 31, 2003.
&YENC.2003
&YAMD.2003
SECTION 6. (a) As used in this SECTION, "department" refers to
the department of state revenue.
(b) Notwithstanding IC 6-3.5-1.1-3, the county council of a county
described in IC 6-3.5-1.1-3.3, as added by this act, may adopt an
ordinance to increase the county's county adjusted gross income tax
rate after March 31, 2003, and before January 1, 2004.
(c) Notwithstanding IC 6-3.5-1.1-3, an ordinance adopted under this
SECTION before June 1, 2003, takes effect July 1, 2003. In
determining the certified distribution for the calendar year beginning
January 1, 2004, as required under IC 6-3.5-1.1-9 to be performed
before July 2, 2003, for a county adopting an ordinance within the time
specified in this subsection, the department shall take into account the
certified ordinance forwarded to the department under
IC 6-3.5-1.1-3(c) in determining the amount of the county's certified
distribution for the calendar year beginning January 1, 2004.
(d) Notwithstanding IC 6-3.5-1.1-3, an ordinance adopted under this
SECTION after May 31, 2003, and before January 1, 2004, takes effect
January 1, 2004. Not later than thirty (30) days after receiving the
certified ordinance under IC 6-3.5-1.1-3(c) from a county adopting an
ordinance within the time specified in this subsection, the department
shall revise the county's certified distribution determined under
IC 6-3.5-1.1-9 for the calendar year beginning January 1, 2004, to take
into account the increased county adjusted gross income tax rate
specified in the certified ordinance. Notwithstanding IC 6-3.5-1.1-10,
as amended by this act, the first distribution reflecting the increased
&YENC.2003
&YAMD.2003
SECTION 2. IC 31-14-6-4, as amended by this act, does not negate
a court order entered before July 1, 2003, requiring an individual found
to be the biological father of a child to reimburse the state or a political
subdivision for the costs of genetic testing.
&YENC.2003
&YAMD.2003
SECTION 3. (a) The public employees' retirement fund shall:
(1) adopt the policy required by IC 5-10.2-4-1.2, as added by this
act; and
(2) implement a procedure for furnishing the written notices
required by IC 5-10.2-4-1.4, as added by this act;
before January 1, 2004.
(b) This SECTION expires January 2, 2004.
&YENC.2003
&YAMD.2003
SECTION 2. (a) The legislative services agency, under the direction
of the code revision commission, shall prepare legislation for
introduction during the 2004 regular session of the general assembly
that brings statutes concerning annual or other reports by public
agencies into conformity with this act.
(b) This SECTION expires January 1, 2005.
&DNM.2003-59-3
&YENC.2003
&YAMD.2003
SECTION 3. (a) As used in this SECTION, "state department"
refers to the state department of health established by IC 16-19-1-1.
(b) The state department shall collect the following data for each
county concerning each county resident diagnosed with lead poisoning:
(1) The individual's name.
(2) The individual's address.
(3) Whether the individual is a child or an adult.
(4) The results of the blood test used to diagnose the individual.
(5) The individual's normal limits for the test.
(c) Personal information collected under subsection (b) is
confidential.
(d) The state department shall, not later than:
(1) December 31, 2003, for data collected during 2003; and
(2) December 31, 2004, for data collected during 2004;
report to the governor's office and the legislative council the number of
adults and the number of children diagnosed with lead poisoning in
each county.
(e) This SECTION expires December 31, 2005.
&YENC.2003
&YAMD.2003
SECTION 23. IC 35-46-1-9.5, as amended by this act, applies to an
offense committed after June 30, 2003.
&YENC.2003
&YAMD.2003
SECTION 2. (a) Notwithstanding IC 36-8-10.5-7, as amended by
this act, the board of firefighting personnel standards and education
shall carry out the duties imposed upon it under IC 36-8-10.5-7(c)
under interim written guidelines approved by the board of firefighting
personnel standards and education.
(b) This SECTION expires on the earlier of the following:
(1) The date rules are adopted under IC 36-8-10.5-7(c).
(2) January 1, 2004.
&DNM.2003-66-56
&YENC.2003
&YAMD.2003
SECTION 56. IC 3-8-1-2, IC 3-8-6-12, and IC 3-8-6-14, all as
amended by this act, apply to all elections held after December 31,
2003.
&DNM.2003-66-57
&YENC.2003
&YAMD.2003
SECTION 57. (a) A primary election may not be held to nominate
a candidate of a political party for a municipal office if the party has
only one (1) candidate for nomination for the office.
(b) Notwithstanding IC 3-8-2-20, a person who files a declaration
of candidacy under IC 3-8-2 may at any time not later than noon, April
7, 2003, file a statement with the same office where the person filed the
declaration of candidacy, stating that the person is no longer a
candidate and does not wish the person's name to appear on the primary
election ballot as a candidate.
(c) This SECTION expires July 1, 2003.
&YENC.2003
&YAMD.2003
SECTION 58. (a) Notwithstanding IC 3-11-15-13, this SECTION
applies until July 1, 2003, instead of IC 3-11-15-13.
(b) Except as provided in IC 3-11-15, to be approved for use in
Indiana, a voting system shall meet the standards established by the
System Standards issued by the Federal Election Commission on April
30, 2002.
(c) The commission may adopt rules under IC 4-22-2 to require a
voting system to meet standards more recent than standards described
in subsection (b). If the commission adopts rules under this subsection,
a voting system must meet the standards described in the rules instead
of the standards described in subsection (b).
(d) This SECTION expires July 1, 2003.
&DNM.2003-71-1
&YENC.2003
&YAMD.2003
&BTN.Place a comma after SECTION in subsection (b).&ETN.
SECTION 1. (a) As used in this SECTION, "health facility" refers
to a comprehensive care health facility licensed under IC 16-28. The
term does not include a health facility that is certified as an
intermediate care facility for the mentally retarded (ICF/MR) under 42
CFR 440.150.
(b) As used in this SECTION "program" refers to the informal
dispute resolution program created under subsection (d).
(c) As used in this SECTION, "state department" refers to the state
department of health.
(d) The state department shall contract with an independent
organization that has experience in conducting informal dispute
resolution for a state survey agency to create and operate a voluntary
informal dispute resolution pilot program for health facilities. The
program must comply with the requirements under 42 CFR 488.331.
(e) A contract entered into under subsection (d) must expire before
July 1, 2005, and establish fees to be paid to the independent
organization by health facilities that voluntarily use the program. The
fees must cover the full cost of the program, including any training
costs by the independent organization.
(f) Every six (6) months after the effective date of the contract with
the independent organization described in subsection (d), the state
department and the independent organization shall submit a written
report to the select joint commission on Medicaid oversight (IC 2-5-26)
that includes information on the effectiveness of the informal dispute
resolution program and contains comparative statistics.
(g) This SECTION expires July 1, 2005.
&YENC.2003
&YAMD.2003
SECTION 4. (a) IC 6-1.1-3-1 and IC 6-1.1-3-11, both as amended
by this act, apply to taxes first due and payable after December 31,
2004.
(b) IC 6-1.1-10-43, as added by this act, applies to taxes first due
&YENC.2003
&YAMD.2003
SECTION 1. (a) As used in this SECTION, "food stamp eligible
individual" refers to an individual who meets all the following
requirements:
(1) The individual is a resident of a county having a reentry court
program.
(2) The individual was convicted of an offense under IC 35-48
(controlled substances) for conduct occurring after August 22,
1996.
(3) Except for 21 U.S.C. 862a(a), the individual meets the federal
and Indiana food stamp program requirements.
(4) The individual is successfully participating in a reentry court
program.
(b) As used in this SECTION, "reentry court program" refers to a
program that meets the following requirements:
(1) A circuit or superior court has established and administers the
program.
(2) The program is designed to supervise and provide services to
an individual who was previously incarcerated by the department
of correction in an adult correctional facility.
(3) The goal of the program is to increase the likelihood that the
individual will:
(A) become self-sufficient; and
(B) not commit additional crimes.
(4) The program provides intensive supervision, which may
include twenty-four (24) hour electronic 754pervision of the
individual.
(5) The program provides regular and direct judicial intervention
that is supported and advised by a transition team that consists of
at least the following:
(A) A professional from a community corrections program.
(B) A parole officer.
(C) A professional from a victim assistance program.
(D) A professional from the treatment community.
(E) An employment trainer.
(F) A community volunteer.
(c) As used in this SECTION, "TANF" refers to the federal
Temporary Assistance for Needy Families program.
(d) As used in this SECTION, "TANF eligible individual" refers to
an individual who meets all the following requirements:
(1) The individual is a resident of a county having a reentry court
program.
(2) The individual was convicted of an offense under IC 35-48
(controlled substances) for conduct occurring after August 22,
1996.
(3) Except for 21 U.S.C. 862a(a), the individual meets the federal
and Indiana TANF program requirements.
(4) The individual is successfully participating in a reentry court
program.
(e) Until June 30, 2005, and in accordance with 21 U.S.C.
862a(d)(1) and this SECTION, the state elects to opt out of the
application of 21 U.S.C. 862a(a) for individuals participating in a
reentry court program.
(f) If referred by a court, a food stamp eligible individual may
receive food stamps for not more than twelve (12) months.
(g) If referred by a court, a TANF eligible individual may receive
TANF benefits for not more than twelve (12) months.
(h) Nothwithstanding subsections (f) and (g), a food stamp eligible
individual and a TANF eligible individual may not receive food stamp
or TANF benefits after June 30, 2005.
(i) A court may modify or revoke an order issued under this
SECTION concerning a food stamp eligible individual or a TANF
eligible individual at any time.
(j) A court shall immediately notify the local office of family and
children upon the court's finding of probable cause that an individual
has committed a felony offense during the period in which the
individual is eligible for TANF or food stamps.
(k) A court shall immediately notify the local office of family and
children when an individual has been terminated from a reentry court
program during the period in which the individual is eligible for TANF
or food stamps.
(l) This SECTION expires July 1, 2005.
&YENC.2003
&YAMD.2003
SECTION 2. (a) This SECTION applies to a county that imposed an
innkeeper's tax under the authority of any statute other than IC 6-9-18
before January 1, 2003.
(b) If a statute authorizing a county's innkeeper's tax is repealed by
this act, the county shall continue to impose an innkeeper's tax under
the authority of IC 6-9-18.
(c) Beginning July 1, 2003, IC 6-9-18 applies to the imposition,
collection, and remittance of innkeeper's taxes in a county described in
subsection (b).
(d) Beginning July 1, 2003, the maximum permitted rate of the
innkeeper's tax in a county described in subsection (b) is the rate set
forth in IC 6-9-18-3. An ordinance increasing the rate of the county's
innkeeper's tax must specify the date on which the new tax rate will
take effect, as required under IC 6-9-29-1.5.
(e) Beginning July 1, 2003, a tourism commission established in a
county described in subsection (b) shall operate under the authority of
IC 6-9-18. A member of the commission serving on July 1, 2003, is
authorized to serve the remainder of the member's term. Upon the
(f) Beginning July 1, 2003, a tourism promotion fund or other fund
established for the deposit of county innkeeper's taxes in a county
described in subsection (b):
(1) must be administered under IC 6-9-18; and
(2) may be used only for the purposes authorized in IC 6-9-18.
(g) This SECTION expires January 1, 2005.
&YENC.2003
&YAMD.2003
SECTION 6. (a) Notwithstanding IC 20-1-21-4, as amended by this
act, the governing body of a school corporation is not required to
publish an annual performance report of the school corporation in
calendar year 2003. However, the annual performance report of a
school corporation that is published in January 2004 must include the
information that would have been included in the annual performance
report published in 2003 if IC 20-1-21-4 had not been amended by this
act.
(b) This SECTION expires February 1, 2004.
&YENC.2003
&YAMD.2003
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
(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 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
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.
(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 31, 2004;
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 November 1, 2004.
&YENC.2003
&YAMD.2003
SECTION 2. 910 IAC 2-4-5 is void. The publisher of the Indiana
Administrative Code and Indiana Register shall remove this section
&YENC.2003
&YAMD.2003
SECTION 3. (a) Before December 31, 2003, the civil rights
commission shall adopt rules under IC 4-22-2 to implement
IC 22-9.5-3-4, as amended by this act.
(b) This SECTION expires January 1, 2004.
&YENC.2003
&YAMD.2003
SECTION 64. (a) This SECTION applies to a county containing a
qualified historic hotel (as defined in IC 36-7-11.5-1, as added by this
act).
(b) Notwithstanding IC 4-33-6-19, if:
(1) the legislative body of the county adopts an ordinance under
IC 4-33-6-18; or
(2) at least five percent (5%) of the registered voters of the county
sign a petition submitted to the circuit court clerk requesting that
a local public question concerning riverboat gambling be placed
on the ballot;
the county election board shall place the question described in
subsection (c) on the ballot in the county during a special election held
in 2003 that meets the conditions set forth in subsection (d).
(c) The following is the form of the question that shall be placed on
the ballot:
"Shall riverboat gambling be permitted in the county of ______?".
(d) A special election may be held in 2003 in conjunction with
municipal elections held in the county if an applicant for an operating
agent contract pays in advance of the election the amount that is the
difference between the cost to hold a special election and the sum of
the costs to hold municipal elections in the county, as determined by
the county election board.
(e) A public question under this SECTION shall be placed on the
ballot in accordance with IC 3-10-9.
(f) The clerk of the circuit court of a county holding an election
under this SECTION shall certify the results determined under
IC 3-12-4-9 to the Indiana gaming commission and the department of
state revenue. The results shall be treated as if the election had been
held under IC 4-33-6-19.
(g) If a public question is placed on the ballot under this SECTION
in a county and the voters of the county do not vote in favor of
permitting riverboat gambling in the county, another public question
under IC 4-33-6-19, as amended by this act, may not be held in the
county for at least two (2) years.
(h) In a special election held under this SECTION:
(1) IC 3 applies except as otherwise provided in this SECTION;
(2) at least as many precinct polling places that were used in the
county during the most recent general election must be used for
the special election.
(i) IC 4-33-10-2.5(g) applies to the special election held under this
SECTION to the same extent as if the election had been held under
IC 4-33-6-19.
(j) This SECTION expires January 1, 2004.
&YENC.2003
&YAMD.2003
SECTION 5. (a) As used in this SECTION, "seed contract" has the
meaning set forth in IC 15-4-13-6.
(b) IC 15-4-13, as amended by this act, and IC 15-4-14, as added by
this act, apply only to seed contracts entered into after June 30, 2003.
(c) This SECTION expires July 1, 2004.
&YENC.2003
&YAMD.2003
SECTION 5. (a) Notwithstanding IC 15-1.5-10.5-4(a)(11), as
amended by this act, an individual serving on the board of trustees of
the center for agricultural science and heritage on July 1, 2003, may
serve the remainder of the individual's term. However, the number of
positions on the board that the governor may fill under
IC 15-1.5-10.5-4(a)(11) upon the expiration of the members' terms is
set forth in the following table:
YEAR
POSITIONS FILLED
2003
2
2004
2
2005
3
(b) This SECTION expires January 1, 2006.
&YENC.2003
&YAMD.2003
SECTION 6. (a) As used in this SECTION, "Internal Revenue Code"
has the meaning set forth in IC 6-3-1-11, as amended by this act.
(b) IC 6-3-1-11, as amended by this act, does not authorize a
taxpayer, in the determination under:
(1) IC 6-3-1-3.5; or
(2) IC 6-5.5-1-2;
of adjusted gross income for a taxable year that began before January
1, 2003, to deduct any part of a depreciation allowance allowed in
computing the taxpayer's federal adjusted gross income that is
attributable to the additional first-year special depreciation allowance
(bonus depreciation) for qualified property allowed under Section
168(k) of the Internal Revenue Code for that taxable year.
(c) For a taxable year beginning in 2002 or 2003, an individual
whose determination under IC 6-3-1-3.5 of adjusted gross income for
the taxable year includes the deduction under Section 62(a)(2)(D) of
the Internal Revenue Code is treated as having complied with IC 6-3.
(d) Not later than August 1, 2003, the department of state revenue
shall issue a commissioner's directive or other written policy statement
explaining how this SECTION and the amendments made by this act
to IC 6-3-1-3.5 and IC 6-5.5-1-2 must be implemented by a taxpayer.
The policy statement must be published in the Indiana Register.
&YENC.2003
&YAMD.2003
SECTION 7. IC 6-3-1-3.5, IC 6-3-1-11, and IC 6-5.5-1-2, all as
amended by this act, apply only to taxable years beginning after
December 31, 2002.
&YENC.2003
&YAMD.2003
SECTION 2. (a) As used in this SECTION, "commission" refers to
the fire prevention and building safety commission.
(b) The commission shall consider the following criteria in adopting
standards under IC 22-13-4-7, as added by this act:
(1) Standards for an entrance to the dwelling unit that has the
following features:
(A) The entrance is designed to:
(i) provide access to; and
(ii) be usable by;
people with physical disabilities.
(B) The entrance is designed:
(i) without any steps; or
(ii) with a rise that is not more than one-half (1/2) inch.
(C) The entrance is located on a continuous unobstructed path
from the entrance of the building that contains or consists of the
dwelling unit to the street. The commission shall consider
standards that make the path:
(i) usable by a person who uses a wheelchair; and
(ii) safe for and usable by people with other physical
disabilities and people without physical disabilities.
The commission's standards may include curb ramps, parking
access aisles, walks, ramps, or lifts.
(2) Standards for doors within the dwelling that are designed to
allow passage for a person described in subdivision (1)(C)(i) and
(1)(C)(ii). The commission shall consider standards that require a
door to have an unobstructed opening of at least thirty-six (36)
inches.
(3) Standards for the location of environmental controls including
the following:
(A) Except as provided in clause (B), environmental controls
that are located:
(i) not higher than forty-eight (48) inches; and
(ii) not lower than eighteen (18) inches;
on a wall.
(B) If environmental controls are located directly above a
counter, sink, or appliance, the controls shall be located not
higher than three (3) inches above the counter, sink, or
appliance.
(4) Standards for indoor rooms that:
(A) have an area of not less than seventy (70) square feet; and
(B) contain no side or dimension narrower than seven (7) feet.
(5) Standards for a bathroom located on the first floor of the
dwelling that contains at least a toilet, sink, and walls that may be
reinforced later to allow for the installation of grab bars.
(6) Standards for interior hallways that are level and at least
thirty-six (36) inches wide.
(c) The commission shall adopt rules under IC 4-22-2 as required
under IC 22-13-4-7, as added by this act, not later than January 1, 2005.
(d) This SECTION expires January 1, 2006.
&YENC.2003
&YAMD.2003
SECTION 1. (a) As used in this SECTION, "autism spectrum
disorder" includes the following diagnoses:
(1) Autism.
(2) Asperger's syndrome.
(3) Other pervasive developmental disorders.
(b) As used in this SECTION, "office" refers to the office of
Medicaid policy and planning established by IC 12-8-6-1.
(c) As used in this SECTION, "waivers" refers to the following home
and community based services waivers approved by the United States
Department of Health and Human Services:
(1) Support services waiver.
(2) Autism waiver.
(3) Mentally retarded/developmentally disabled (DD) waiver.
(d) Before July 1, 2004, the office shall apply to the United States
Department of Health and Human Services for approval to amend the
waivers' language from using the word "autism" to using the phrase
"autism spectrum disorder".
(e) The office may not implement the amendments to the waivers
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 amendment to the waivers are
approved.
(f) If the office receives approval to amend the waivers under this
SECTION from the United States Department of Health and Human
(g) The office may adopt rules under IC 4-22-2 necessary to
implement this SECTION.
(h) This SECTION expires December 31, 2009.
&YENC.2003
&YAMD.2003
SECTION 2. (a) IC 6-1.1-3-23, as added by this act, applies only to
property taxes first due and payable after December 31, 2003.
(b) This SECTION expires January 1, 2005.
&YENC.2003
&YAMD.2003
SECTION 4. IC 35-45-4-1 and IC 35-42-4-5, both as amended by
this act, and IC 35-45-4-1.5, as added by this act, apply only to acts
committed after June 30, 2003.
&YENC.2003
&YAMD.2003
SECTION 1. (a) This SECTION applies to a state fiscal year
beginning after June 30, 2003, and ending before July 1, 2005.
(b) For each state fiscal year described in subsection (a), the Indiana
department of transportation shall expend at least ten percent (10%) of
Indiana's federal funding for state planning and research received under
23 U.S.C. 505 during the state fiscal year to pay planning costs,
including environmental impact studies, associated with the
development of a high speed passenger rail system in Indiana.
(c) This SECTION expires July 1, 2005.
&YENC.2003
&YAMD.2003
SECTION 1. (a) As used in this SECTION, "PERF board" refers to
the public employees' retirement fund board of trustees established by
IC 5-10.3-3-1.
(b) As used in this SECTION, "fund" refers to the fund for the
defined contribution plan of the legislators' retirement system
established by IC 2-3.5-3-2.
(c) Beginning January 1, 2004, the PERF board shall conduct a pilot
program concerning:
(1) the implementation of a member's investment selection; and
(2) the crediting of a member's contributions and earnings;
for the fund.
(d) The pilot program referred to in subsection (c) must include the
(1) Notwithstanding IC 2-3.5-5-3(b)(2), the PERF board shall
implement a member's selection under IC 2-3.5-5-3 not later than
the next business day following receipt of the member's selection
by the PERF board. This date is the effective date of the member's
selection.
(2) Notwithstanding IC 2-3.5-5-3(b)(7), all contributions to a
member's account in the fund must be allocated under IC 2-3.5-5-3
not later than the last day of the quarter in which the contributions
are received and reconciled in accordance with the member's most
recent effective direction.
(3) Notwithstanding IC 2-3.5-5-3(c) and IC 2-3.5-5-3(d), when a
member retires, becomes disabled, dies, or withdraws from the
fund, the amount credited to the member is the market value of the
member's investment as of five (5) business days preceding the
member's distribution or annuitization at retirement, disability,
death, or withdrawal, plus contributions received after that date.
(4) Notwithstanding IC 2-3.5-5-4, contributions to the fund under
IC 2-3.5-5-4 must be credited to the fund not later than the last day
of the quarter in which the contributions were deducted.
(5) Notwithstanding IC 2-3.5-5-5, the state shall make
contributions under IC 2-3.5-5-5 to the fund not later than the last
day of each quarter. The contributions must equal twenty percent
(20%) of the annual salary received by each participant during that
quarter.
(e) Before November 1, 2005, the PERF board shall report to the
pension management oversight commission established by IC 2-5-12
the results of the pilot program referred to in subsection (c) and shall
recommend proposed legislation if the report includes a finding that the
pilot program should be implemented on a permanent basis. If the
PERF board recommends implementing the pilot program on a
permanent basis, the PERF board shall provide to the pension
management oversight commission a schedule to implement the
elements of the pilot program on a permanent basis for all funds for
which it has responsibility.
(f) This SECTION expires December 31, 2005.
&YENC.2003
&YAMD.2003
SECTION 1. (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) The office shall:
(1) cooperate with; and
(2) assist;
a nonprofit organization with the purpose to implement and administer
a program to provide health care to uninsured Indiana residents.
(c) The office shall assist a nonprofit organization that has the
(1) Determining eligibility of potential participants who have an
income of not more than one hundred percent (100%) of the
federal poverty level for a program described in this SECTION.
(2) Issuing a plan card that is valid for one (1) year to an individual
whom:
(A) the office has determined is eligible for the program; and
(B) has paid the office a registration fee determined by the
office.
(3) Operating a toll free telephone number that provides provider
referral services for participants in the program.
(4) Implementing the program described in this SECTION to
combine the resources of the office and the nonprofit organization
in a manner that would not result in the additional expenditure of
state funds.
&DNM.2003-129-16
&YENC.2003
&YAMD.2003
SECTION 16. (a) Notwithstanding IC 27-5.1-2-20, as added by this
act, before January 1, 2004, an insurance producer that solicits,
negotiates, or sells policies issued by a standard farm mutual insurance
company that held a certificate of authority to conduct insurance
business in Indiana on June 30, 2003, may continue to solicit,
negotiate, or sell the same insurance that the insurance producer was
previously authorized to sell and is not required to take the examination
required under IC 27-1-15.6.
(b) This SECTION expires January 1, 2004.
&YENC.2003
&YAMD.2003
SECTION 17. A rate or form filed by a farm mutual insurance
company before July 1, 2003, is valid and remains in effect
notwithstanding the repeal of IC 27-5 by this act and the addition of
IC 27-5.1 by this act.
&YENC.2003
&YAMD.2003
SECTION 3. (a) IC 33-4-8-5, as amended by this act, applies only to
a senior judge who is appointed after June 30, 2003.
(b) This SECTION expires July 1, 2008.
&YENC.2003
&YAMD.2003
SECTION 1. (a) As used in this SECTION, "committee" refers to the
sentencing policy study committee established by subsection (c).
(b) The general assembly finds that a comprehensive study of
sentencing laws and policies is desirable in order to:
(1) assure that sentencing laws and policies protect the public
safety;
(2) establish fairness and uniformity in sentencing laws and
policies;
(3) determine whether incarceration or alternative sanctions are
appropriate for various categories of criminal offenses; and
(4) maximize cost effectiveness in the administration of sentencing
laws and policies.
(c) The sentencing policy study committee is established to evaluate
sentencing laws and policies as they relate to:
(1) the purposes of the criminal justice and corrections systems;
(2) the availability of sentencing options; and
(3) the inmate population in department of correction facilities.
If based on the committee's evaluation under this subsection it
determines changes are necessary or appropriate, the committee shall
make recommendations to the general assembly for the modification of
sentencing laws and policies and for the addition, deletion, or
expansion of sentencing options.
(d) The committee shall do the following:
(1) Evaluate the existing classification of criminal offenses into
felony and misdemeanor categories. In determining the proper
category for each felony and misdemeanor, the committee shall
consider, to the extent they have relevance, the following:
(A) The nature and degree of harm likely to be caused by the
offense, including whether it involves property, irreplaceable
property, a person, a number of persons, or a breach of the public
trust.
(B) The deterrent effect a particular classification may have on
the commission of the offense.
(C) The current incidence of the offense in Indiana.
(D) The rights of the victim.
(2) Recommend structures to be used by a sentencing court in
determining the most appropriate sentence to be imposed in a
criminal case, including any combination of imprisonment,
probation, restitution, community service, or house arrest. The
committee shall also consider:
(A) the nature and characteristics of the offense;
(B) the severity of the offense in relation to other offenses;
(C) the characteristics of the defendant that mitigate or aggravate
the seriousness of the criminal conduct and the punishment
deserved for that conduct;
(D) the defendant's number of prior convictions;
(E) the available resources and capacity of the department of
correction, local confinement facilities, and community based
sanctions; and
(F) the rights of the victim.
The committee shall include with each set of sentencing structures
(3) Review community corrections and home detention programs
for the purpose of:
(A) standardizing procedures and establishing rules for the
supervision of home detainees; and
(B) establishing procedures for the supervision of home
detainees by community corrections programs of adjoining
counties.
(4) Determine the long range needs of the criminal justice and
corrections systems and recommend policy priorities for those
systems.
(5) Identify critical problems in the criminal justice and corrections
systems and recommend strategies to solve the problems.
(6) Assess the cost effectiveness of the use of state and local funds
in the criminal justice and corrections systems.
(7) Recommend a comprehensive community corrections strategy
based upon:
(A) a review of existing community corrections programs;
(B) the identification of additional types of community
corrections programs necessary to create an effective continuum
of corrections sanctions;
(C) the identification of categories of offenders who should be
eligible for sentencing to community corrections programs and
the impact that changes to the existing system of community
corrections programs would have on sentencing practices;
(D) the identification of necessary changes in state oversight and
coordination of community corrections programs;
(E) an evaluation of mechanisms for state funding and local
community participation in the operation and implementation of
community corrections programs; and
(F) an a