Information Maintained by the Office of Code Revision Indiana Legislative Services Agency
 05/10/2008 06:39:43 PM EDT
&DNM.2004-1-68
&YENC.2004
&YAMD.2004
    SECTION 68. (a) For purposes of this SECTION, "benefit" means:
        (1) a credit under IC 6-1.1-20.9; or
        (2) a deduction under any of the following:
            IC 6-1.1-12-1
            IC 6-1.1-12-9, as amended by this act
            IC 6-1.1-12-11
            IC 6-1.1-12-13
            IC 6-1.1-12-14
            IC 6-1.1-12-16
            IC 6-1.1-12-17.4.
    (b) This SECTION applies to an individual who, with respect to a real property parcel:
        (1) did not receive a benefit for property taxes first due and payable in 2003;
        (2) met the eligibility criteria for the benefit under a section referred to in subsection (a) for property taxes first due and payable in 2004; and
        (3) did not file a timely application as required by law for the benefit for property taxes first due and payable in 2004.
    (c) Except as provided in subsection (d), an individual may:
        (1) claim a benefit referred to in subsection (a)(1) by meeting the filing requirements of IC 6-1.1-20.9; and
        (2) claim a benefit referred to in subsection (a)(2) by meeting the filing requirements of IC 6-1.1-12.
    (d) The filing requirements for a benefit under this SECTION must be met before December 15, 2003.
    (e) The department of local government finance shall:
        (1) prescribe forms; or
        (2) issue instructions for the use of existing forms;
for filing a claim under subsection (c).
    (f) The county auditor shall determine the individual's eligibility for a benefit under this SECTION. If the county auditor determines that an individual is eligible for a benefit under this SECTION for a parcel, the county auditor shall:
        (1) apply the benefit with respect to taxes first due and payable in 2004 for the parcel; and
        (2) before January 1, 2004:
            (A) send to the department of local government finance a revised certification under IC 6-1.1-17-1(a) for the county that reflects:
                (i) the benefits applied under this SECTION; and
                (ii) deductions under IC 6-1.1-12-37 applied as described in subsection (j); and
            (B) certify to the department of local government finance the amount of homestead credits allowed in the county under this SECTION for property taxes first due and payable in 2004.
    (g) The department of local government finance shall use the revised certifications received under subsection (f)(2)(A) in the

department's determination of tax rates under IC 6-1.1-17-16 for taxes first due and payable in 2004. Notwithstanding IC 6-1.1-17-16(d), the department of local government finance may increase a political subdivision's tax rate to an amount that exceeds the amount originally fixed by the political subdivision based on the revised certification received under subsection (f)(2)(A).
    (h) Before March 15, 2004, the auditor of state shall certify the amount of homestead credits referred to in subsection (f)(2)(B) to the department of state revenue. For property taxes first due and payable in 2004, the department of state revenue shall allocate under IC 6-1.1-21-4 from the property tax replacement fund an additional amount equal to the total amount of homestead credits allowed under this SECTION for property taxes first due and payable in 2004. The department of state revenue shall distribute the amount allocated under this subsection in the same manner that other property tax replacement fund distributions are made in 2004.
    (i) A statement filed under this SECTION to obtain a benefit for property taxes first due and payable in 2004 applies for that year and any succeeding year for which the benefit is allowed.
    (j) Each year a person who is entitled under this SECTION to receive the homestead credit under IC 6-1.1-20.9 for property taxes first due and payable in 2004 is entitled for that year to the deduction under IC 6-1.1-12-37 from the assessed value of the real property that qualifies for the homestead credit.

&DNM.2004-1-69
&YENC.2004
&YAMD.2004
    SECTION 69. Any action taken by the department of local government finance before January 1, 2004, to:
        (1) allow a taxpayer to file a petition under IC 6-1.1-15-1(b)(1) more than forty-five (45) days after notice of a change in the assessment is given to the taxpayer;
        (2) allow the payment of property taxes in installments other than the installments prescribed in IC 6-1.1-22-9(a); or
        (3) waive all or part of a penalty under IC 6-1.1-37-10 of this chapter;
is legalized and validated.

&DNM.2004-1-70
&YENC.2004
&YAMD.2004
    SECTION 70. (a) As used in this SECTION, "department" refers to the department of local government finance.
    (b) The department shall study the feasibility of creating uniform and common computer software programs for property tax assessment purposes, including computer software programs that allow the sharing and transfer of assessment data in a uniform format by the state and all counties.
    (c) The department shall report the results of the study required by subsection (b) to the commission on state tax and financing policy

before September 1, 2004.
    (d) Upon approval of the governor, the budget agency may authorize the payment of expenses incurred by the department in conducting the study required by subsection (b) from amounts allotted from the departmental and institutional emergency contingency fund.
    (e) This SECTION expires January 1, 2005.

&DNM.2004-1-71
&YENC.2004
&YAMD.2004
    SECTION 71. IC 6-1.1-15-11, as amended by this act, applies only to refunds that result from assessment reductions for which notice is given to the taxpayer after December 31, 2003.

&DNM.2004-1-72
&YENC.2004
&YAMD.2004
    SECTION 72. IC 6-1.1-17-20, as amended by this act, applies only to property taxes first due and payable after December 31, 2004.

&DNM.2004-1-73
&YENC.2004
&YAMD.2004
    SECTION 73. IC 6-1.1-18.5-1, as amended by this act, applies to property taxes first due and payable after December 31, 2003.

&DNM.2004-1-74
&YENC.2004
&YAMD.2004
    SECTION 74. IC 6-1.1-18.5-13 and IC 6-1.1-21-2, both as amended by this act, apply only to property taxes first due and payable after December 31, 2003.

&DNM.2004-1-75
&YENC.2004
&YAMD.2004
    SECTION 75. IC 6-1.1-18.5-17 and IC 6-1.1-19-1.7, both as amended by this act, apply only to property taxes first due and payable after December 31, 2004.

&DNM.2004-1-76
&YENC.2004
&YAMD.2004
    SECTION 76. IC 6-1.1-18.5-16, IC 6-1.1-19-1.5, IC 6-1.1-19-4.7, IC 20-5.5-7-3, and IC 21-3-1.7-6.8, all as added by this act, apply to property taxes first due and payable after December 31, 2003.

&DNM.2004-1-77
&YENC.2004
&YAMD.2004

    SECTION 77. An elected county assessor, township assessor, or township trustee-assessor is required to comply with IC 6-1.1-35-1.1, as amended by this act, only if the assessor or trustee-assessor is elected to a new term of office that begins after June 30, 2004.

&DNM.2004-1-78
&YENC.2004
&YAMD.2004
    SECTION 78. (a) The definitions in IC 6-1.1-1 apply throughout this SECTION.
    (b) This SECTION applies only to the appeal of an assessment of real property.
    (c) Notwithstanding IC 6-1.1-15-1(b)(2), IC 6-1.1-15-1(c), and IC 6-1.1-15-1(d), in order to appeal an assessment of real property and have a change in the assessment effective for the assessment date in 2002, 2003, or 2004, the taxpayer must, in the manner provided by IC 6-1.1-15-1, as amended by this act, file a written request for a preliminary conference with the township assessor not later than forty-five (45) days after:
        (1) a notice of a change of assessment for the assessment date is given to the taxpayer; or
        (2) the taxpayer receives a tax statement for the property taxes that are based on the assessment for the assessment date;
whichever occurs first.
    (d) An appeal of a taxpayer under subsection (c) must comply with all other requirements applicable to an appeal under IC 6-1.1-15-1, except that the provisions of IC 6-1.1-15-1(b)(2), IC 6-1.1-15-1(c), and IC 6-1.1-15-1(d) that prohibit appeals of:
        (1) an assessment for an assessment date in 2002 that is filed after May 10, 2002, apply to property taxes imposed for that assessment date;
        (2) an assessment for an assessment date in 2003 that is filed after May 10, 2003, apply to property taxes imposed for that assessment date; or
        (3) an assessment for an assessment date in 2004 that is filed after May 10, 2004, apply to property taxes imposed for that assessment date.

&DNM.2004-1-79
&YENC.2004
&YAMD.2004
    SECTION 79. (a) For property taxes first due and payable in 2004 with respect to a homestead (as defined in IC 6-1.1-20.9-1):
        (1) a county treasurer who mails a property tax statement under IC 6-1.1-22-8(a)(1) shall include in or mail with the statement; and
        (2) a county treasurer who transmits a statement to a person's mortgagee under IC 6-1.1-22-8(a)(2) shall, at the time the county treasurer mails statements under IC 6-1.1-22-8(a)(1), mail or cause to be mailed to the last known address of the

person;
a statement in the form determined by the department of local government finance under subsection (b). A statement mailed to a person described in subdivision (2) need not be transmitted to the person's mortgagee.
    (b) Not later than ten (10) days after the department of local government finance certifies to a county under IC 6-1.1-17-16 its action on the county's tax rate and tax levy for property taxes first due and payable in 2004, the department shall determine and provide to the county treasurer the wording of a statement concerning property taxes on homesteads in the county, which must be in the following or a substantially similar form, as determined by the department:
        "Your assessing officials completed a general reassessment of all real property in the county first effective for property taxes payable in 2003. The reassessment was necessary to comply with Indiana law. The Indiana General Assembly has increased the property tax replacement credit and made other changes to the property tax system to substantially reduce the effects that this reassessment may have on your property tax liability. If the Indiana General Assembly had not taken these actions, the average 2004 property tax bill for homeowners in _______ County would be approximately _______ percent (___%) greater.".
The county treasurer is responsible for the preparation and mailing of the statement in the manner provided by subsection (a).
    (c) This SECTION expires July 1, 2005.

&DNM.2004-1-80
&YENC.2004
&YAMD.2004
    SECTION 80. (a) The definitions in IC 6-1.1-1 apply throughout this SECTION.
    (b) The department of local government finance may adopt temporary rules in the manner provided for the adoption of emergency rules under IC 4-22-2-37.1 to implement the following:
        (1) IC 6-1.1-4-39.
        (2) IC 6-1.1-31-3.
        (3) IC 6-1.1-31-6.
        (4) IC 6-1.1-31-7.
    (c) A temporary rule adopted under this SECTION expires on the earlier of the following:
        (1) The date that another temporary rule is adopted under this SECTION or a permanent rule is adopted under IC 4-22-2 to supersede the temporary rule.
        (2) December 31, 2005.

&DNM.2004-1-81
&YENC.2004
&YAMD.2004
    SECTION 81. (a) The department of local government finance

may not prescribe a form for taxpayers to request a preliminary conference under IC 6-1.1-15-1, as amended by this act. Any written document containing the information specified in IC 6-1.1-15-1(b), as amended by this act, is sufficient to initiate a preliminary conference under this act.
    (b) The department of local government finance may modify the form known as the "Form 130" to enable township assessors and taxpayers to report the results of preliminary conferences held under IC 6-1.1-15-1, as amended by this act, to the appropriate county property tax assessment board of appeals.
    (c) The department of local government finance may not prescribe a form for taxpayers to request a hearing before the county property tax assessment board of appeals under IC 6-1.1-15-1(j), as added by this act. Any written document requesting the hearing is sufficient.
    (d) The following provisions apply to a taxpayer who, before the effective date of this act, filed a petition for review of an assessment determination by a township assessor in the manner provided by IC 6-1.1-15-1, as in effect before the effective date of this act:
        (1) The taxpayer is not required to file a request for a preliminary conference with the township assessor.
        (2) The provisions of IC 6-1.1-15-1, as in effect before the effective date of this act, with respect to a preliminary conference with the township assessor and a hearing before the county property tax assessment board of appeals apply to the taxpayer's petition.

&DNM.2004-1-82
&YENC.2004
&YAMD.2004
    SECTION 82. (a) The commission on state tax and financing policy established under IC 2-5-3 shall study:
        (1) the elimination of property taxes as a source of funding for local government services other than:
            (A) police and fire protection; and
            (B) public health purposes; and
        (2) alternative sources of revenue that might be used to replace the property taxes described in subdivision (1).
The commission shall complete its study not later than December 31, 2005.
    (b) This SECTION expires July 1, 2006.

&DNM.2004-1-83
&YENC.2004
&YAMD.2004
    SECTION 83. There is appropriated to the department of local government finance an amount sufficient from the assessment training fund established by IC 6-1.1-5.5-4.7, as amended by this act, to carry out the purposes set forth in IC 6-1.1-5.5-4.7, as amended by this act, beginning January 1, 2004, and ending June 30, 2005.

&DNM.2004-1-84

&YENC.2004
&YAMD.2004
    SECTION 84. (a) The definitions set forth in IC 6-1.1-20 apply throughout this SECTION.
    (b) The following provisions apply to a controlled project for which a notice of preliminary determination to issue bonds or enter into a lease was published before March 1, 2004:
        (1) The amendments made by IC 6-1.1-20-3.1 and IC 6-1.1-20-3.2, and by IC 6-1.1-20-10, as added by this act, do not apply to:
            (A) a petition requesting the application of the petition and remonstrance process to the controlled project; or
            (B) a petition or remonstrance concerning the controlled project.
        (2) IC 6-1.1-20-3.1 and IC 6-1.1-20-3.2, both as in effect before March 1, 2004, apply to:
            (A) a petition requesting the application of the petition and remonstrance process to the controlled project; or
            (B) a petition or remonstrance concerning the controlled project.

&DNM.2004-1-85
&YENC.2004
&YAMD.2004
    SECTION 85. IC 6-3-1-3.5, as amended by this act, applies only to taxable years after December 31, 2003.

&DNM.2004-8-4
&YENC.2004
&YAMD.2004
    SECTION 4. IC 35-48-2-10, as amended by this act, applies only to offenses committed after June 30, 2004.

&DNM.2004-11-1
&YENC.2004
&YAMD.2004
    SECTION 1. (a) The amendment to Article 10, Section 1 of the Constitution of the State of Indiana agreed to by the One Hundred Twelfth General Assembly (P.L.189-2002) and the One Hundred Thirteenth General Assembly (P.L.278-2003) shall be submitted to the electors of the state at the 2004 general election in the manner provided for the submission of constitutional amendments under IC 3.
    (b) Under Article 16, Section 1 of the Constitution of the State of Indiana, which requires the general assembly to submit constitutional amendments to the electors at the next general election after the general assembly agrees to the amendment referred to it by the last previously elected general assembly, and in accordance with IC 3-10-3, the general assembly prescribes the form in which the public question concerning the ratification of this state constitutional amendment must appear on the 2004 general election

ballot as follows:

"PUBLIC QUESTION #1
    Shall Article 10, Section 1 of the Constitution of the State of Indiana be amended to allow the General Assembly to make certain property exempt from property taxes, including (1) a homeowner's primary residence; (2) personal property used to produce income; and (3) inventory?".
    (c) This SECTION expires January 1, 2005.

&DNM.2004-11-2
&YENC.2004
&YAMD.2004
    SECTION 2. (a) The amendment to Article 6, Section 2 of the Constitution of the State of Indiana agreed to by the One Hundred Twelfth General Assembly (P.L.187-2002) and the One Hundred Thirteenth General Assembly (P.L.279-2003) shall be submitted to the electors of the state at the 2004 general election in the manner provided for the submission of constitutional amendments under IC 3.
    (b) Under Article 16, Section 1 of the Constitution of the State of Indiana, which requires the general assembly to submit constitutional amendments to the electors at the next general election after the general assembly agrees to the amendment referred to it by the last previously elected general assembly, and in accordance with IC 3-10-3, the general assembly prescribes the form in which the public question concerning the ratification of this state constitutional amendment must appear on the 2004 general election ballot as follows:

"PUBLIC QUESTION #2
    Shall Article 6, Section 2 of the Constitution of the State of Indiana be amended to allow the General Assembly to establish a uniform date for the beginning of the terms of the county offices of clerk of the circuit court, auditor, recorder, treasurer, sheriff, coroner, and surveyor?".
    (c) This SECTION expires January 1, 2005.

&DNM.2004-11-3
&YENC.2004
&YAMD.2004
    SECTION 3. (a) The amendment to Article 5, Section 10 of the Constitution of the State of Indiana agreed to by the One Hundred Twelfth General Assembly (P.L.188-2002) and the One Hundred Thirteenth General Assembly (P.L.280-2003) shall be submitted to the electors of the state at the 2004 general election in the manner provided for the submission of constitutional amendments under IC 3.
    (b) Under Article 16, Section 1 of the Constitution of the State of Indiana, which requires the general assembly to submit constitutional amendments to the electors at the next general election after the general assembly agrees to the amendment referred to it by the last previously elected general assembly, and in

accordance with IC 3-10-3, the general assembly prescribes the form in which the public question concerning the ratification of this state constitutional amendment must appear on the 2004 general election ballot as follows:

"PUBLIC QUESTION #3

    Shall Article 5, Section 10 of the Constitution of the State of Indiana be amended to specify: (1) which state official acts as governor when the office of governor and the office of lieutenant governor are both vacant; and (2) the deadline for the General Assembly to meet when either the House or the Senate cannot assemble a quorum within forty-eight (48) hours after both offices become vacant?".
    (c) This SECTION expires January 1, 2005.

&DNM.2004-14-197
&YENC.2004
&YAMD.2004
    SECTION 197. (a) This section applies to a referendum conducted under IC 6-1.1-19-4.5 at a primary or general election.
    (b) Notwithstanding IC 6-1.1-19-4.5(c)(6), if a majority of the persons who voted in the referendum did not vote "yes" on the referendum question, another referendum under IC 6-1.1-19-4.5 may not be held before the earlier of:
        (1) the next primary election or general election that occurs at least eleven (11) months after the date of the referendum; or
        (2) one (1) year after the date of the referendum.
    (c) This SECTION expires June 30, 2006.

&DNM.2004-14-198
&YENC.2004
&YAMD.2004
    SECTION 198. (a) Notwithstanding IC 33-15-1-1 or IC 33-24-4-1, both as amended by this act, an individual who is appointed by the governor to fill a vacancy in the office of clerk of the supreme court is entitled to hold the office before January 1, 2007, unless the individual resigns or is removed from office as provided by law.
    (b) Notwithstanding the repeal of IC 3-8-1-11.5 by this act, an individual appointed by the governor to the office of clerk of the supreme court must satisfy the requirements of IC 3-8-1-11.5 before its repeal.
    (c) An individual appointed by the governor to the office of clerk of the supreme court must execute a bond in the amount of ten thousand dollars ($10,000).
    (d) Notwithstanding IC 5-6-1-1, as amended by this act, the clerk of the supreme court may appoint deputies and require the individuals appointed as deputies to post bond as provided by law in effect at the time any appointment is made.
    (e) Notwithstanding IC 5-8-3.5-1, as amended by this act, an individual who wants to resign the office of clerk of the supreme court must resign as provided by law in effect at the time the individual wants to resign the office.

    (f) Notwithstanding IC 5-14-3-3.5, as amended by this act:
        (1) "state agency" does not include the office of the clerk of the supreme court; and
        (2) the clerk of the supreme court may use the computer gateway administered by the intelenet commission established under IC 5-21-2, subject to the requirements of IC 5-14-3-3.5, as in effect after June 30, 2004.
    (g) This SECTION expires January 1, 2007.

&DNM.2004-14-199
&YENC.2004
&YAMD.2004
    SECTION 199. (a) The definitions in IC 3-5-2 apply throughout this SECTION.
    (b) Not later than December 31, 2003, the commission shall act under IC 3-11-4-5.1 to approve absentee ballot application forms that include a notice that certain voters who registered by mail are required to provide additional personal identification before voting an absentee ballot by mail.
    (c) Notwithstanding IC 3-5-4-8, an absentee ballot application form approved by the commission before December 31, 2003, that does not comply with subsection (b) may not be accepted for filing with a county election board after December 31, 2003.
    (d) This SECTION expires December 31, 2004.

&DNM.2004-14-200
&YENC.2004
&YAMD.2004
    SECTION 200. (a) The definitions set forth in IC 3-5-2 apply to this SECTION.
    (b) Subject to subsection (d), a voting machine system may not be used in an election in Indiana after December 31, 2003.
    (c) Subject to subsection (e), a punch card voting system may not be used in an election in Indiana after December 31, 2003.
    (d) Notwithstanding subsection (b), a voting machine system may be used in an election in Indiana after December 31, 2003, and before January 1, 2006, if not later than December 31, 2003, the secretary of state with the consent of the co-directors of the election division certifies to the federal Administrator of General Services under Section 102(a)(3)(B) of HAVA (42 U.S.C. 15302) that the state cannot replace all voting machine systems in Indiana before January 1, 2004.
    (e) Notwithstanding subsection (c), a punch card voting system may be used in an election in Indiana after December 31, 2003, and before January 1, 2006, if not later than December 31, 2003, the secretary of state with the consent of the co-directors of the election division certifies to the federal Administrator of General Services under Section 102(a)(3)(B) of HAVA (42 U.S.C. 15302) that the state cannot replace all punch card voting systems in Indiana before January 1, 2004.
    (f) Notwithstanding any other statute, a voting machine system or

a punch card voting system may not be marketed in Indiana.
    (g) Notwithstanding IC 3-11-5, IC 3-11-7, IC 3-11-7.5, and IC 3-11-15, the approval or certification of a voting system issued before January 1, 2005, expires October 1, 2005. If a vendor applied for certification of the voting system after January 1, 2004, and applies for recertification of the voting system after January 1, 2005, the application fee under IC 3-11-15-4 is waived if the hardware, software, and firmware of the system is unchanged in the system submitted for recertification under this subsection.
    (h) This SECTION expires January 1, 2006.

&DNM.2004-14-201
&YENC.2004
&YAMD.2004
    SECTION 201. (a) The definitions set forth in IC 3-5-2 apply throughout this SECTION.
    (b) Notwithstanding P.L.209-2003, SECTION 212 (expired December 31, 2003), the governor's notice before May 1, 2003, to the federal Administrator of General Services that the state of Indiana intends to use payments under Section 101 of HAVA (42 U.S.C. 15301) in accordance with Section 101 of HAVA is legalized.
    (c) Notwithstanding P.L.209-2003, SECTION 213 (expired December 31, 2003), the governor's notice before May 1, 2003, to the federal Administrator of General Services under Section 102(b) of HAVA (42 U.S.C. 15302) in accordance with Section 102 of HAVA is legalized.
    (d) Notwithstanding P.L.209-2003, SECTION 216 (expired December 31, 2003), not later than July 1, 2004, the secretary of state, with the consent of the co-directors of the election division, shall file a statement with the federal Election Assistance Commission certifying that the state is in compliance with the requirements referred to in Section 253(b) of HAVA (42 U.S.C. 15403). The statement must be in the form authorized by Section 253 of HAVA.
    (e) This SECTION expires July 1, 2005.

&DNM.2004-14-202
&YENC.2004
&YAMD.2004
    SECTION 202. (a) This SECTION applies to an individual:
        (1) who was elected during November 2003 to an office of a political subdivision; and
        (2) to whom IC 5-4-1-1.2 applies.
    (b) Notwithstanding the time limits under IC 5-4-1-1.2(c), an individual's deposit before March 1, 2004, of the oath required by IC 5-4-1-1 with the office listed in IC 5-4-1-4 is legalized, and IC 5-4-1-1.2(d) does not apply.
    (c) This SECTION expires July 1, 2004.

&DNM.2004-14-203

&YENC.2004
&YAMD.2004
    SECTION 203. (a) Notwithstanding IC 3-11.7-1-6, as amended by this act, all provisional ballots other than those described in IC 3-11.7-1-5 shall be prepared and printed under the direction of each county election board.
    (b) This SECTION expires December 1, 2004.

&DNM.2004-20-10
&YENC.2004
&YAMD.2004
    SECTION 10. (a) IC 6-1.1-12-9, IC 6-1.1-12-11, IC 6-1.1-12-13, IC 6-1.1-12-14, IC 6-1.1-12-16, and IC 6-1.1-12-17.4, all as amended by this act, apply only to property taxes first due and payable after December 31, 2004.
    (b) The amendments to IC 6-1.1-12-18, IC 6-1.1-12-22, and IC 6-1.1-12.1-4.1 by this act apply:
        (1) to property taxes first due and payable after December 31, 2004; and
        (2) regardless of whether a taxpayer's initial deduction in the five (5) year deduction period under IC 6-1.1-12-18, IC 6-1.1-12-22, or IC 6-1.1-12.1-4.1 applied to property taxes first due and payable before January 1, 2005.

&DNM.2004-21-2
&YENC.2004
&YAMD.2004
    SECTION 2. (a) Notwithstanding IC 4-23-29-8, as added by this act, an individual who, before July 1, 2004, serves as a member of the board of directors of the governor's council for people with disabilities shall finish the term to which the individual was appointed under executive order EO 03-23.
    (b) When the term of an individual described in subsection (a) expires, the governor shall appoint a member under IC 4-23-29, as added by this act.
    (c) The provisions of IC 4-23-29-8(g), as added by this act, concerning a limit of two (2) consecutive terms apply to an individual who is serving on July 1, 2004, as a member of the board of directors of the governor's council for people with disabilities and who is eligible for reappointment under IC 4-23-29-8, as added by this act.
    (d) This SECTION expires December 31, 2006.

&DNM.2004-22-2
&YENC.2004
&YAMD.2004
    SECTION 2. (a) As used in this SECTION, "CHOICE program" refers to the community and home options to institutional care for the elderly and disabled program established under IC 12-10-10.
    (b) As used in this SECTION, "office" refers to the office of the secretary of family and social services (IC 12-8-1-1).

    (c) The office shall report, in writing, to the health finance commission (IC 2-5-23) not later than May 1, 2004, the office's progress in implementing IC 12-10-11.5. The report must also include the following:
        (1) Plans and progress to use all funds appropriated by the general assembly for the CHOICE program, and only for that program, as long as a waiting list exists for CHOICE program funded services.
        (2) Plans for establishing the comprehensive array of home and community based services that are required by IC 12-10-11.5.
        (3) Progress in enrolling individuals in home and community based services through Medicaid waivers, using the income eligibility standard established for those services by IC 12-10-11.5.
        (4) Progress in moving individuals from institutions to home and community based services through Medicaid waivers, using the funds that follow the individual under IC 12-10-11.5.
        (5) Progress in tracking and recording savings generated by the implementation of IC 12-10-11.5.
        (6) Plans and actions taken to secure federal funding, including grants and private and state funding, other than funds appropriated to the CHOICE program, to assist in the implementation of IC 12-10-11.5.
        (7) The office's reasons for any failure to meet the statutory deadlines established by IC 12-10-11.5.
    (d) This SECTION expires July 1, 2005.

&DNM.2004-23-71
&YENC.2004
&YAMD.2004
    SECTION 71. (a) For purposes of this SECTION, "benefit" means:
        (1) a credit under IC 6-1.1-20.9; or
        (2) a deduction under any of the following:
            IC 6-1.1-12-1
            IC 6-1.1-12-9, as amended by this act
            IC 6-1.1-12-11
            IC 6-1.1-12-13
            IC 6-1.1-12-14
            IC 6-1.1-12-16
            IC 6-1.1-12-17.4.
    (b) This SECTION applies to an individual who, with respect to a real property parcel:
        (1) did not receive a benefit for property taxes first due and payable in 2003;
        (2) met the eligibility criteria for the benefit under a section referred to in subsection (a) for property taxes first due and payable in 2004; and
        (3) did not file a timely application as required by law for the benefit for property taxes first due and payable in 2004.
    (c) Except as provided in subsection (d), an individual may:
        (1) claim a benefit referred to in subsection (a)(1) by meeting

the filing requirements of IC 6-1.1-20.9; and
        (2) claim a benefit referred to in subsection (a)(2) by meeting the filing requirements of IC 6-1.1-12.
    (d) The filing requirements for a benefit under this SECTION must be met on or before December 15, 2003.
    (e) The department of local government finance shall:
        (1) prescribe forms; or
        (2) issue instructions for the use of existing forms;
for filing a claim under subsection (c).
    (f) The county auditor shall determine the individual's eligibility for a benefit under this SECTION. If the county auditor determines that an individual is eligible for a benefit under this SECTION for a parcel, the county auditor shall:
        (1) apply the benefit with respect to taxes first due and payable in 2004 for the parcel; and
        (2) before January 1, 2004:
            (A) send to the department of local government finance a revised certification under IC 6-1.1-17-1(a) for the county that reflects:
                (i) the benefits applied under this SECTION; and
                (ii) deductions under IC 6-1.1-12-37 applied as described in subsection (j); and
            (B) certify to the department of local government finance the amount of homestead credits allowed in the county under this SECTION for property taxes first due and payable in 2004.
    (g) The department of local government finance shall use the revised certifications received under subsection (f)(2)(A) in the department's determination of tax rates under IC 6-1.1-17-16 for taxes first due and payable in 2004. Notwithstanding IC 6-1.1-17-16(d), the department of local government finance may increase a political subdivision's tax rate to an amount that exceeds the amount originally fixed by the political subdivision based on the revised certification received under subsection (f)(2)(A).
    (h) Before March 15, 2004, the auditor of state shall certify the amount of homestead credits referred to in subsection (f)(2)(B) to the department of state revenue. For property taxes first due and payable in 2004, the department of state revenue shall allocate under IC 6-1.1-21-4 from the property tax replacement fund an additional amount equal to the total amount of homestead credits allowed under this SECTION for property taxes first due and payable in 2004. The department of state revenue shall distribute the amount allocated under this subsection in the same manner that other property tax replacement fund distributions are made in 2004.
    (i) A statement filed under this SECTION to obtain a benefit for property taxes first due and payable in 2004 applies for that year and any succeeding year for which the benefit is allowed.
    (j) Each year a person who is entitled under this SECTION to receive the homestead credit under IC 6-1.1-20.9 for property taxes first due and payable in 2004 is entitled for that year to the deduction under IC 6-1.1-12-37 from the assessed value of the real property that qualifies for the homestead credit.


&DNM.2004-23-72
&YENC.2004
&YAMD.2004
    SECTION 72. Any action taken by the department of local government finance before January 1, 2004, to:
        (1) allow a taxpayer to file a petition under IC 6-1.1-15-1(b)(1) more than forty-five (45) days after notice of a change in the assessment is given to the taxpayer;
        (2) allow the payment of property taxes in installments other than the installments prescribed in IC 6-1.1-22-9(a); or
        (3) waive all or part of a penalty under IC 6-1.1-37-10 of this chapter;
is legalized and validated.

&DNM.2004-23-73
&YENC.2004
&YAMD.2004
    SECTION 73. (a) As used in this SECTION, "department" refers to the department of local government finance.
    (b) The department shall study the feasibility of creating uniform and common computer software programs for property tax assessment purposes, including computer software programs that allow the sharing and transfer of assessment data in a uniform format by the state and all counties.
    (c) The department shall report the results of the study required by subsection (b) to the commission on state tax and financing policy before September 1, 2004.
    (d) Upon approval of the governor, the budget agency may authorize the payment of expenses incurred by the department in conducting the study required by subsection (b) from amounts allotted from the departmental and institutional emergency contingency fund.
    (e) This SECTION expires January 1, 2005.

&DNM.2004-23-74
&YENC.2004
&YAMD.2004
    SECTION 74. IC 6-1.1-15-11, as amended by this act, applies only to refunds that result from assessment reductions for which notice is given to the taxpayer after December 31, 2003.

&DNM.2004-23-75
&YENC.2004
&YAMD.2004
    SECTION 75. IC 6-1.1-17-20, as amended by this act, applies only to property taxes first due and payable after December 31, 2004.

&DNM.2004-23-76
&YENC.2004
&YAMD.2004
    SECTION 76. IC 6-1.1-18.5-1, as amended by this act, applies to

property taxes first due and payable after December 31, 2003.

&DNM.2004-23-77
&YENC.2004
&YAMD.2004
    SECTION 77. IC 6-1.1-18.5-13 and IC 6-1.1-21-2, both as amended by this act, apply only to property taxes first due and payable after December 31, 2003.

&DNM.2004-23-78
&YENC.2004
&YAMD.2004
    SECTION 78. IC 6-1.1-18.5-17 and IC 6-1.1-19-1.7, both as amended by this act, apply only to property taxes first due and payable after December 31, 2003.

&DNM.2004-23-79
&YENC.2004
&YAMD.2004
    SECTION 79. IC 6-1.1-18.5-16, IC 6-1.1-19-1.5, IC 6-1.1-19-4.7, IC 20-5.5-7-3, and IC 21-3-1.7-6.8, all as added by this act, apply to property taxes first due and payable after December 31, 2003.

&DNM.2004-23-80
&YENC.2004
&YAMD.2004
    SECTION 80. An elected county assessor, township assessor, or township trustee-assessor is required to comply with IC 6-1.1-35-1.1, as amended by this act, only if the assessor or trustee-assessor is elected to a new term of office that begins after June 30, 2004.

&DNM.2004-23-81
&YENC.2004
&YAMD.2004
    SECTION 81. (a) The definitions in IC 6-1.1-1 apply throughout this SECTION.
    (b) Except as provided in subsection (c), a review of an assessment of real property for the 2003 assessment date initiated by a taxpayer after May 10, 2003, and not later than forty-five (45) days after the taxpayer receives a tax statement for the property taxes that are based on the assessment of the real property for the 2002 assessment date, is valid if:
        (1) the review:
            (A) was initiated before the date of passage of this act; and
            (B) complied with IC 6-1.1-15-1, as in effect before the amendments made by this act; or
        (2) the review;
            (A) is initiated after the date of passage of this act; and
            (B) complies with IC 6-1.1-15-1, as amended by this act;
other than the requirement for initiating the review not later than

May 10, 2003.
    (c) Subsection (b) does not apply if a notice of a change of assessment for the real property for the 2003 assessment date is given to the taxpayer. In this case, the taxpayer may initiate a review of the 2003 assessment of the real property by complying with IC 6-1.1-15-1, as in effect on the date the notice is given.
    (d) Except as provided in subsection (e), a review of an assessment of real property for the 2004 assessment date initiated by a taxpayer after May 10, 2004, and not later than forty-five (45) days after the taxpayer receives a tax statement for the property taxes that are based on the assessment of the real property for the 2003 assessment date is valid if the review complies with IC 6-1.1-15-1, as amended by this act, other than the requirement for initiating the review not later than May 10, 2004.
    (e) Subsection (d) does not apply if a notice of a change of assessment for the real property for the 2004 assessment date is given to the taxpayer. In this case, the taxpayer may initiate a review of the 2004 assessment of the real property by complying with IC 6-1.1-15-1, as amended by this act.

&DNM.2004-23-82
&YENC.2004
&YAMD.2004
    SECTION 82. (a) For property taxes first due and payable in 2004 with respect to a homestead (as defined in IC 6-1.1-20.9-1):
        (1) a county treasurer who mails a property tax statement under IC 6-1.1-22-8(a)(1) shall include in or mail with the statement; and
        (2) a county treasurer who transmits a statement to a person's mortgagee under IC 6-1.1-22-8(a)(2) shall, at the time the county treasurer mails statements under IC 6-1.1-22-8(a)(1), mail or cause to be mailed to the last known address of the person;
a statement in the form determined by the department of local government finance under subsection (b). A statement mailed to a person described in subdivision (2) need not be transmitted to the person's mortgagee.
    (b) Not later than ten (10) days after the department of local government finance certifies to a county under IC 6-1.1-17-16 its action on the county's tax rate and tax levy for property taxes first due and payable in 2004, the department shall determine and provide to the county treasurer the wording of a statement concerning property taxes on homesteads in the county, which must be in the following or a substantially similar form, as determined by the department:
        "Your assessing officials completed a general reassessment of all real property in the county first effective for property taxes payable in 2003. The reassessment was necessary to comply with Indiana law. The Indiana General Assembly has increased the property tax replacement credit and made other changes to the property tax system to substantially reduce the effects that

this reassessment may have on your property tax liability. If the Indiana General Assembly had not taken these actions, the average 2004 property tax bill for homeowners in _______ County would be approximately _______ percent (___%) greater.".
The county treasurer is responsible for the preparation and mailing of the statement in the manner provided by subsection (a).
    (c) This SECTION expires July 1, 2005.

&DNM.2004-23-83
&YENC.2004
&YAMD.2004
    SECTION 83. (a) The definitions in IC 6-1.1-1 apply throughout this SECTION.
    (b) The department of local government finance may adopt temporary rules in the manner provided for the adoption of emergency rules under IC 4-22-2-37.1 to implement the following:
        (1) IC 6-1.1-4-39.
        (2) IC 6-1.1-31-3.
        (3) IC 6-1.1-31-6.
        (4) IC 6-1.1-31-7.
    (c) A temporary rule adopted under this SECTION expires on the earlier of the following:
        (1) The date that another temporary rule is adopted under this SECTION or a permanent rule is adopted under IC 4-22-2 to supersede the temporary rule.
        (2) December 31, 2005.

&DNM.2004-23-84
&YENC.2004
&YAMD.2004
    SECTION 84. (a) The department of local government finance may not prescribe a form for taxpayers to request a preliminary conference under IC 6-1.1-15-1, as amended by this act. Any written document containing the information specified in IC 6-1.1-15-1(b), as amended by this act, is sufficient to initiate a preliminary conference under this act.
    (b) The department of local government finance may modify the form known as the "Form 130" to enable township assessors and taxpayers to report the results of preliminary conferences held under IC 6-1.1-15-1, as amended by this act, to the appropriate county property tax assessment board of appeals.
    (c) The department of local government finance may not prescribe a form for taxpayers to request a hearing before the county property tax assessment board of appeals under IC 6-1.1-15-1(j), as added by this act. Any written document requesting the hearing is sufficient.
    (d) The following provisions apply to a taxpayer who, before the effective date of this act, filed a petition for review of an assessment determination by a township assessor in the manner provided by IC 6-1.1-15-1, as in effect before the effective date of this act:
        (1) The taxpayer is not required to file a request for a

preliminary conference with the township assessor.
        (2) The provisions of IC 6-1.1-15-1, as in effect before the effective date of this act, with respect to a preliminary conference with the township assessor and a hearing before the county property tax assessment board of appeals apply to the taxpayer's petition.

&DNM.2004-23-85
&YENC.2004
&YAMD.2004
    SECTION 85. (a) The commission on state tax and financing policy established under IC 2-5-3 shall study:
        (1) the elimination of property taxes as a source of funding for local government services other than:
            (A) police and fire protection; and
            (B) public health purposes; and
        (2) alternative sources of revenue that might be used to replace the property taxes described in subdivision (1).
The commission shall complete its study not later than December 31, 2005.
    (b) This SECTION expires July 1, 2006.

&DNM.2004-23-86
&YENC.2004
&YAMD.2004
    SECTION 86. There is appropriated to the department of local government finance an amount sufficient from the assessment training fund established by IC 6-1.1-5.5-4.7, as amended by this act, to carry out the purposes set forth in IC 6-1.1-5.5-4.7, as amended by this act, beginning January 1, 2004, and ending June 30, 2005.

&DNM.2004-23-87
&YENC.2004
&YAMD.2004
    SECTION 87. (a) The definitions set forth in IC 6-1.1-20 apply throughout this SECTION.
    (b) The following provisions apply to a controlled project for which a notice of preliminary determination to issue bonds or enter into a lease was published before March 1, 2004:
        (1) The amendments made by IC 6-1.1-20-3.1 and IC 6-1.1-20-3.2, and by IC 6-1.1-20-10, as added by this act, do not apply to:
            (A) a petition requesting the application of the petition and remonstrance process to the controlled project; or
            (B) a petition or remonstrance concerning the controlled project.
        (2) IC 6-1.1-20-3.1 and IC 6-1.1-20-3.2, both as in effect before March 1, 2004, apply to:
            (A) a petition requesting the application of the petition and remonstrance process to the controlled project; or
            (B) a petition or remonstrance concerning the controlled

project.

&DNM.2004-23-88
&YENC.2004
&YAMD.2004
    SECTION 88. (a) The definitions set forth in IC 6-1.1-1 and IC 6-3-1 apply throughout this SECTION.
    (b) As used in this SECTION, "deferred property tax payments" means property taxes imposed on an individual's principal place of residence for the March 1, 2002, assessment date or the January 15, 2003, assessment that are paid during calendar year 2004.
    (c) An individual who pays deferred property tax payments during a taxable year is entitled to a deduction from adjusted gross income for those payments. The amount of the deduction is the lesser of:
        (1) the amount of deferred property payments paid by the individual during the taxable year; or
        (2) two thousand five hundred dollars ($2,500) minus the amount of the deduction, if any, claimed by the individual for the preceding taxable year under IC 6-3-1-3.5(a)(17) for property taxes actually paid by the individual during calendar year 2003.
    (d) The deduction provided by this SECTION is in addition to the deduction provided by IC 6-3-1-3.5(a)(17) for other property taxes paid during the same taxable year.

&DNM.2004-24-7
&YENC.2004
&YAMD.2004
    SECTION 7. (a) For purposes of this SECTION, "onsite sewage system" has the meaning set forth in IC 13-11-2-144.8, as added by this act.
    (b) The department of environmental management and the state department of health shall jointly:
        (1) prepare a report that includes the following:
            (A) a review of literature and recent research to document:
                (i) the effect of nitrates and nitrites in drinking water on public health;
                (ii) the effect of onsite sewage systems on levels of nitrates and nitrites in groundwater;
                (iii) the movement of nitrates and nitrites in soils; and
                (iv) the onsite sewage system technologies available to achieve compliance with the nitrate and nitrite numeric criteria included in the groundwater quality standards under 327 IAC 2-11, as in effect January 1, 2004; and
            (B) the impact if newly installed onsite sewage systems were required to comply with the nitrate and nitrite numeric criteria included in the groundwater quality standards under 327 IAC 2-11, as in effect January 1, 2004, including:
                (i) the number of residences and commercial facilities affected; and
                (ii) the cost of implementation; and

        (2) submit the report referred to in subdivision (a) before January 1, 2009, to:
            (A) the governor;
            (B) the executive director of the legislative services agency in an electronic format under IC 5-14-6; and
            (C) the environmental quality service council.
    (c) This SECTION expires January 1, 2009.

&DNM.2004-24-8
&YENC.2004
&YAMD.2004
    SECTION 8. (a) Except as provided in subsection (b), before July 1, 2006, the:
        (1) air pollution control board, water pollution control board, or solid waste management board may not adopt a new rule; and
        (2) department of environmental management may not adopt a new policy;
if the new rule or policy would require any industry described in subsection (b) that experienced at least a ten percent (10%) job loss or a ten percent (10%) decline in production during calendar years 2001, 2002, and 2003 to comply with a standard of conduct that exceeds the standard established in a related federal regulation or regulatory policy.
    (b) Subsection (a) does not apply to the adoption of a new rule by the air pollution control board that is necessary to attain or maintain the primary or secondary national ambient air quality standards as part of a state implementation plan submitted to the United States Environmental Protection Agency under Section 110 of the federal Clean Air Act (42 U.S.C. 7410a).
    (c) The following are the industries referred to in subsection (a) functioning under the following primary Standard Industrial Classification (SIC) codes:
        (1) Blast furnaces and steel mills (3312).
        (2) Gray and ductile iron foundries (3321).
        (3) Malleable iron foundries (3322).
        (4) Steel investment foundries (3324).
        (5) Steel foundries (3325).
        (6) Aluminum foundries (3365).
        (7) Copper foundries (3366).
        (8) Nonferrous foundries (3369).
    (d) This SECTION expires July 1, 2006.

&DNM.2004-25-7
&YENC.2004
&YAMD.2004
    SECTION 7. (a) For purposes of this SECTION, "bull ride simulator" has the meaning set forth in IC 22-12-1-3.5, as added by this act.
    (b) Notwithstanding IC 22-12-1-19.1, as amended by this act, and IC 22-15-7, a bull ride simulator may be operated without a valid regulated amusement device permit through July 1, 2005, under

subsection (c).
    (c) To operate a bull ride simulator as described in subsection (b), the owner of the bull ride simulator must:
        (1) register the bull ride simulator with the office of the state building commissioner not later than July 1, 2004, by providing the information required by the office for such a registration on a form approved by the office; and
        (2) demonstrate compliance with all of the insurance requirements for regulated amusement devices under IC 22-15-7-2.5 to the office of the state building commissioner not later than July 1, 2004.
    (d) If the regulated amusement device safety board established under IC 22-12-4.5-2 determines that additional safety standards specific to bull ride simulators are appropriate or needed, subject to the approval of the fire prevention and building safety commission, the regulated amusement device safety board shall adopt rules under IC 4-22-2 to establish equipment laws containing these additional safety standards for bull ride simulators not later than July 1, 2005.
    (e) This SECTION expires July 1, 2005.

&DNM.2004-25-8
&YENC.2004
&YAMD.2004
    SECTION 8. (a) It is the intent of the general assembly that a standard known as NFPA 1126, Standard for the Use of Pyrotechnics before a Proximate Audience, 2001 Edition, published by the National Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts 12269, be incorporated into the Indiana Administrative Code, as required by IC 22-11-14.5-3, as added by this act.
    (b) 675 IAC 22-2.2-25(b)(1), with respect to NFPA 1126, is void. The publisher of the Indiana Administrative Code and the Indiana Register shall remove the reference to NFPA 1126 in 675 IAC 22-2.2-25(b)(1) from the Indiana Administrative Code.
    (c) The fire prevention and building safety commission shall carry out the duties imposed upon it under IC 22-11-14.5, as added by this act, under interim guidelines approved by the executive director of the fire and building services department.
    (d) This SECTION expires on the earlier of the following:
        (1) The date rules are adopted under IC 22-11-14.5-3, as added by this act.
        (2) December 31, 2005.

&DNM.2004-28-185
&YENC.2004
&YAMD.2004
    SECTION 185. (a) There is created the civil war flags commission.
    (b) The powers and duties of the civil war flags commission are as follows:
        (1) Solicit donations from school children and businesses for the

purpose of restoring and preserving civil war flags.
        (2) Accept donations from organizations and individuals for the purpose of restoring and preserving civil war flags.
        (3) Coordinate fund raising activities for the purpose of restoring and preserving the civil war flags.
        (4) Deposit receipts from donations and other sources in the civil war flags fund (IC 10-18-1-14).
        (5) Advise the Indiana war memorials commission on the use of money in the civil war flags fund        (IC 10-18-1-14).
    (c) The civil war flag commission consists of the following persons appointed as follows:
        (1) Two (2) members of the house of representatives, not more than one (1) of whom may be from the same political party, appointed by the speaker of the house of representatives. The members appointed under this subdivision are nonvoting members of the commission.
        (2) Two (2) members of the senate, not more than one (1) of whom may be from the same political party, appointed by the president pro tempore of the senate. The members appointed under this subdivision are nonvoting members of the commission.
        (3) Two (2) members of a Civil War Round Table organization appointed by the governor.
        (4) One (1) member of the Indiana war memorials commission (IC 10-18-1-2) appointed by the governor.
        (5) Two (2) members of the Save the Colors Coalition appointed by the governor.
        (6) One (1) member of the Sons of Union Veterans appointed by the governor.
        (7) One (1) member of the veterans affairs commission (IC 10-17-1-3) appointed by the governor.
        (8) Two (2) members of the general public appointed by the governor.
        (9) Six (6) students from ten (10) to nineteen (19) years of age appointed by the governor upon the recommendation of the civil war flags commission. The commission shall base its recommendations to the governor upon the results of an essay contest that the commission shall establish and judge. The members appointed under this subdivision are nonvoting members of the commission.
    (d) The commission shall organize itself and elect those officers that it considers necessary to accomplish the purposes of the commission. A nonvoting member of the commission may serve as an officer of the commission.
    (e) The civil war flags commission shall be organized as a nonprofit organization and may not spend more than two percent (2%) of the funds collected on administrative costs, including soliciting for additional funds. There is continuously appropriated from the civil war flags fund established under IC 10-18-1-14 to the civil war flags commission an amount sufficient to pay for those administrative costs of the civil war flags commission that does not

exceed two percent (2%) of the funds collected by the civil war flags commission and deposited in the civil war flags fund.
    (f) The civil war flags commission shall report in an electronic format under IC 5-14-6 to the legislative council on the commission's activities by November 1 of each year.
    (g) Any state funds appropriated to the Indiana war memorials commission (IC 10-18-1-2) that are subject to reversion at the end of the state fiscal year, not to exceed fifty thousand dollars ($50,000), do not revert to the state general fund but are appropriated to the civil war flags fund established under IC 10-18-1-14. The funds shall be deposited in the civil war flags fund within sixty (60) days of the end of the state fiscal year.
    (h) This SECTION expires July 1, 2006.

&DNM.2004-28-186
&YENC.2004
&YAMD.2004
    SECTION 186. (a) The rail corridor safety committee is established.
    (b) The committee consists of eight (8) members as follows:
        (1) Four (4) members of the house of representatives appointed by the speaker of the house of representatives. Not more than two (2) members appointed under this subdivision may represent the same political party.
        (2) Four (4) members of the senate appointed by the president pro tempore of the senate. Not more than two (2) members appointed under this subdivision may represent the same political party.
    (c) The chairman of the legislative council shall designate one (1) member of the committee to be chairperson of the committee.
    (d) Each member of the committee appointed under subsection (b)(1) or (b)(2) is entitled to receive the same per diem, mileage, and travel allowances paid to members of the general assembly serving on legislative study committees established by the legislative council.
    (e) The committee shall do the following:
        (1) Study the safety of rail corridors, including corridors at overpasses, underpasses, and crossings.
        (2) Review railroad safety records.
        (3) Study methods of encouraging cooperation among the railroads, local government, state government, and federal government to enhance the safety of railroads.
        (4) Study other topics as assigned by the legislative council.
    (f) The committee shall issue a final report to the legislative council regarding the matters listed under subsection (e) before November 1, 2005. The report must be in an electronic format under IC 5-14-6.
    (g) The committee is under the jurisdiction of the legislative council and shall operate under policies and procedures established by the legislative council.
    (h) Staff and administrative support for the committee shall be

provided by the legislative services agency.
    (i) 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.
    (j) This SECTION expires November 1, 2005.

&DNM.2004-28-187
&YENC.2004
&YAMD.2004
    SECTION 187. (a) As used in this SECTION, "commission" refers to the Indiana commission on excellence in health care established by subsection (d).
    (b) As used in this SECTION, "health care professional" has the meaning set forth in IC 16-27-1-1.
    (c) As used in this SECTION, "health care provider" includes the following:
        (1) A hospital or an ambulatory outpatient surgical center licensed under IC 16-21.
        (2) A hospice program (as defined in IC 16-25-1.1-4).
        (3) A home health agency licensed under IC 16-27-1.
        (4) A health facility licensed under IC 16-28.
    (d) There is established the Indiana commission on excellence in health care.
    (e) The commission consists of the following members:
        (1) Four (4) members appointed from the house of representatives by the speaker of the house of representatives. Not more than two (2) of the members appointed under this subdivision may be members of the same political party.
        (2) Four (4) members appointed from the senate by the president pro tempore of the senate. Not more than two (2) of the members appointed under this subdivision may be members of the same political party.
        (3) The governor or the governor's designee.
        (4) The state health commissioner appointed under IC 16-19-4-2 or the commissioner's designee.
        (5) One (1) member appointed by the governor who is a former dean or former faculty member of the Indiana University School of Medicine.
        (6) One (1) member appointed by the governor who is a former dean or former faculty member of an Indiana school of nursing.
        (7) One (1) member appointed by the governor who is a health care provider or a representative for individuals who have both a mental illness and a developmental disability.
    (f) The commission shall operate under the rules of the legislative council. The commission shall meet upon the call of the chairperson.
    (g) The affirmative votes of at least seven (7) voting members of the commission are required for the commission to take any action, including the approval of a final report.
    (h) The speaker of the house of representatives shall appoint the chairperson of the commission during odd-numbered years beginning January 1. The president pro tempore of the senate shall

appoint the chairperson of the commission during even-numbered years beginning January 1.
    (i) Each member of the commission who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). The member is also entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.
    (j) Each member of the commission who is a state employee but who is not a member of the general assembly is entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.
    (k) Each member of the commission who is a member of the general assembly is entitled to receive the same per diem, mileage, and travel allowances paid to members of the general assembly serving on interim study committees established by the legislative council.
    (l) The legislative services agency shall provide staff to support the commission. The legislative services agency is not required to provide staff assistance to the subcommittees of the commission except to the extent the subcommittees require copying services.
    (m) The expenses of the commission shall be paid from funds appropriated to the legislative services agency.
    (n) The commission shall study the quality of health care, including mental health, and develop a comprehensive statewide strategy for improving the health care delivery system. The commission shall do the following:
        (1) Identify existing data sources that evaluate quality of health care in Indiana and collect, analyze, and evaluate this data.
        (2) Establish guidelines for data sharing and coordination.
        (3) Identify core sets of quality measures for standardized reporting by appropriate components of the health care continuum.
        (4) Recommend a framework for quality measurement and outcome reporting.
        (5) Develop quality measures that enhance and improve the ability to evaluate and improve care.
        (6) Make recommendations regarding research and development needed to advance quality measurement and reporting.
        (7) Evaluate regulatory issues relating to the pharmacy profession and recommend changes necessary to optimize patient safety.
        (8) Facilitate open discussion of a process to ensure that comparative information on health care quality is valid, reliable, comprehensive, understandable, and widely available in the public domain.

        (9) Sponsor public hearings to share information and expertise, identify best practices, and recommend methods to promote their acceptance.
        (10) Evaluate current regulatory programs to determine what changes, if any, need to be made to facilitate patient safety.
        (11) Review public and private health care purchasing systems to determine if there are sufficient mandates and incentives to facilitate continuous improvement in patient safety.
        (12) Analyze how effective existing regulatory systems are in ensuring continuous competence and knowledge of effective safety practices.
        (13) Develop a framework for organizations that license, accredit, or credential health care professionals and health care providers to more quickly and effectively identify unsafe providers and professionals and to take action necessary to remove an unsafe provider or professional from practice or operation until the professional or provider has proven safe to practice or operate.
        (14) Recommend procedures for development of a curriculum on patient safety and methods of incorporating the curriculum into training, licensure, and certification requirements.
        (15) Develop a framework for regulatory bodies to disseminate information on patient safety to health care professionals, health care providers, and consumers through conferences, journal articles and editorials, newsletters, publications, and Internet websites.
        (16) Recommend procedures to incorporate recognized patient safety considerations into practice guidelines and into standards related to the introduction and diffusion of new technologies, therapies, and drugs.
        (17) Recommend a framework for development of community based collaborative initiatives for error reporting and analysis and implementation of patient safety improvements.
        (18) Evaluate the role of advertising in promoting or adversely affecting patient safety.
        (19) Evaluate and make recommendations regarding the need for licensure of additional persons who participate in the delivery of health care to Indiana residents.
        (20) Evaluate the benefits and problems of the current disciplinary systems and make recommendations regarding alternatives and improvements.
        (21) Study and make recommendations concerning the long term care system, including self-directed care plans and the regulation and reimbursement of public and private facilities that provide long term care.
        (22) Study any other topic required by the chairperson.
    (o) The commission may create subcommittees to study topics, receive testimony, and prepare reports on topics assigned by the commission. The chairperson shall select from the topics listed under subsection (n) the topics to be studied by the commission and subcommittees each year. The chairperson shall appoint persons to

act as chairperson and secretary of each subcommittee. The commission shall by majority vote appoint members to each subcommittee. A member of a subcommittee, including a commission member while serving on a subcommittee, is not entitled to per diem, mileage, or travel allowances.
    (p) The commission shall submit:
        (1) interim reports not later than October 1, 2001, and October 1, 2002; and
        (2) a final report not later than October 1, 2003;
to the governor, members of the health finance commission, and the legislative council. With the consent of the chairperson of the commission and the chairperson of the health finance commission, the commission and the health finance commission may conduct joint meetings. A final report submitted under this subsection to the legislative council must be in an electronic format under IC 5-14-6.
    (q) This SECTION expires July 1, 2004.

&DNM.2004-28-188
&YENC.2004
&YAMD.2004
    SECTION 188. (a) As used in this SECTION, "council" refers to the environmental quality service council established by subsection (c).
    (b) As used in this SECTION, "department" refers to the department of environmental management.
    (c) The environmental quality service council is established.
    (d) The council consists of seventeen (17) voting members and one (1) nonvoting member as follows:
        (1) Four (4) members of the senate, not more than two (2) of whom may be affiliated with the same political party, to be appointed by the president pro tempore of the senate.
        (2) Four (4) members of the house of representatives, not more than two (2) of whom may be affiliated with the same political party, to be appointed by the speaker of the house of representatives.
        (3) The:
            (A) commissioner of the department; or
            (B) commissioner's designee;
        who serves as a nonvoting member.
        (4) Nine (9) individuals who are not members of the general assembly and who are appointed by the governor as follows:
            (A) Two (2) individuals representing business and industry, not more than one (1) of whom may be affiliated with the same political party.
            (B) Two (2) individuals representing local government, one (1) of whom may be a solid waste management district director and not more than one (1) of whom may be affiliated with the same political party.
            (C) Two (2) individuals representing environmental interests, one (1) of whom may be a solid waste management district director and not more than one (1) of whom may be affiliated

with the same political party.
            (D) One (1) individual representing the general public.
            (E) Two (2) individuals representing the following interests:
                (i) One (1) representative of semipublic permittees.
                (ii) One (1) representative of agriculture.
        Until an appointment is made under clause (A), (B), (C), (D), or (E), an unfilled position shall be held by the corresponding member of the environmental quality service council serving on December 31, 2000, who was appointed under P.L.248-1996, SECTION 1(d)(4) to represent the same interest as must be represented by the person appointed to the unfilled position.
    (e) Appointments are valid for two (2) years after the date of the appointment. However, a member shall serve on the council until a new appointment is made.
    (f) If a vacancy occurs among the members of the council, the appointing authority of the member whose position is vacant shall fill the vacancy by appointment. If the appointing authority does not fill a vacancy within sixty (60) days after the date the vacancy occurs, the vacancy shall be filled by appointment by the chairman of the legislative council.
    (g) The chairman of the legislative council shall designate a member of the council to be the chairman of the council.
    (h) The chairman of the council shall call for the council to meet at least one (1) time during a calendar year. The chairman may designate subcommittees to meet between committee meetings and report back to the full council.
    (i) Each member of the council is entitled to receive the same per diem, mileage, and travel allowances paid to individuals who serve as legislative and lay members, respectively, on interim study committees established by the legislative council.
    (j) The council shall do the following:
        (1) Study issues designated by the legislative council.
        (2) Advise the commissioner of the department on policy issues decided upon by the council.
        (3) Review the mission and goals of the department and evaluate the implementation of the mission.
        (4) Serve as a council of the general assembly to evaluate:
            (A) resources and structural capabilities of the department to meet the department's priorities; and
            (B) program requirements and resource requirements for the department.
        (5) Serve as a forum for citizens, the regulated community, and legislators to discuss broad policy directions.
        (6) Submit a final report to the legislative council that contains at least the following:
            (A) An outline of activities of the council.
            (B) Recommendations for any department action.
            (C) Recommendations for any legislative action.
    (k) The commissioner of the department shall report to the council each month concerning the following:
        (1) Permitting programs and technical assistance.

        (2) Proposed rules and rulemaking in progress.
        (3) The financial status of the department.
        (4) Any additional matter requested by the council.
    (l) The council shall:
        (1) operate under procedures; and
        (2) issue reports and recommendations;
as directed by the legislative council.
    (m) The legislative services agency shall provide staff support to the council.
    (n) A report submitted under this SECTION to the legislative council must be in an electronic format under IC 5-14-6.
    (o) This SECTION expires December 31, 2005.

&DNM.2004-28-189
&YENC.2004
&YAMD.2004
    SECTION 189. (a) As used in this SECTION, "commission" refers to the Indiana commission on excellence in health care established by subsection (d).
    (b) As used in this SECTION, "health care professional" has the meaning set forth in IC 16-27-1-1.
    (c) As used in this SECTION, "health care provider" includes the following:
        (1) A hospital or an ambulatory outpatient surgical center licensed under IC 16-21.
        (2) A hospice program (as defined in IC 16-25-1.1-4).
        (3) A home health agency licensed under IC 16-27-1.
        (4) A health facility licensed under IC 16-28.
    (d) There is established the Indiana commission on excellence in health care.
    (e) The commission consists of the following members:
        (1) Four (4) members appointed from the house of representatives by the speaker of the house of representatives. Not more than two (2) of the members appointed under this subdivision may be members of the same political party.
        (2) Four (4) members appointed from the senate by the president pro tempore of the senate. Not more than two (2) of the members appointed under this subdivision may be members of the same political party.
        (3) The governor or the governor's designee.
        (4) The state health commissioner appointed under IC 16-19-4-2 or the commissioner's designee.
        (5) One (1) member appointed by the governor who is a former dean or former faculty member of the Indiana University School of Medicine.
        (6) One (1) member appointed by the governor who is a former dean or former faculty member of an Indiana school of nursing.
        (7) One (1) member appointed by the governor who is a health care provider or a representative for individuals who have both a mental illness and a developmental disability.
    (f) The commission shall operate under the rules of the legislative

council. The commission shall meet upon the call of the chairperson.
    (g) The affirmative votes of at least seven (7) voting members of the commission are required for the commission to take any action, including the approval of a final report.
    (h) The speaker of the house of representatives shall appoint the chairperson of the commission during odd-numbered years beginning January 1. The president pro tempore of the senate shall appoint the chairperson of the commission during even-numbered years beginning January 1.
    (i) Each member of the commission who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). The member is also entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.
    (j) Each member of the commission who is a state employee but who is not a member of the general assembly is entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.
    (k) Each member of the commission who is a member of the general assembly is entitled to receive the same per diem, mileage, and travel allowances paid to members of the general assembly serving on interim study committees established by the legislative council.
    (l) The legislative services agency shall provide staff to support the commission. The legislative services agency is not required to provide staff assistance to the subcommittees of the commission except to the extent the subcommittees require copying services.
    (m) The expenses of the commission shall be paid from funds appropriated to the legislative services agency.
    (n) The commission shall study the quality of health care, including mental health, and develop a comprehensive statewide strategy for improving the health care delivery system. The commission shall do the following:
        (1) Identify existing data sources that evaluate quality of health care in Indiana and collect, analyze, and evaluate this data.
        (2) Establish guidelines for data sharing and coordination.
        (3) Identify core sets of quality measures for standardized reporting by appropriate components of the health care continuum.
        (4) Recommend a framework for quality measurement and outcome reporting.
        (5) Develop quality measures that enhance and improve the ability to evaluate and improve care.
        (6) Make recommendations regarding research and development needed to advance quality measurement and reporting.

        (7) Evaluate regulatory issues relating to the pharmacy profession and recommend changes necessary to optimize patient safety.
        (8) Facilitate open discussion of a process to ensure that comparative information on health care quality is valid, reliable, comprehensive, understandable, and widely available in the public domain.
        (9) Sponsor public hearings to share information and expertise, identify best practices, and recommend methods to promote their acceptance.
        (10) Evaluate current regulatory programs to determine what changes, if any, need to be made to facilitate patient safety.
        (11) Review public and private health care purchasing systems to determine if there are sufficient mandates and incentives to facilitate continuous improvement in patient safety.
        (12) Analyze how effective existing regulatory systems are in ensuring continuous competence and knowledge of effective safety practices.
        (13) Develop a framework for organizations that license, accredit, or credential health care professionals and health care providers to more quickly and effectively identify unsafe providers and professionals and to take action necessary to remove an unsafe provider or professional from practice or operation until the professional or provider has proven safe to practice or operate.
        (14) Recommend procedures for development of a curriculum on patient safety and methods of incorporating the curriculum into training, licensure, and certification requirements.
        (15) Develop a framework for regulatory bodies to disseminate information on patient safety to health care professionals, health care providers, and consumers through conferences, journal articles and editorials, newsletters, publications, and Internet websites.
        (16) Recommend procedures to incorporate recognized patient safety considerations into practice guidelines and into standards related to the introduction and diffusion of new technologies, therapies, and drugs.
        (17) Recommend a framework for development of community based collaborative initiatives for error reporting and analysis and implementation of patient safety improvements.
        (18) Evaluate the role of advertising in promoting or adversely affecting patient safety.
        (19) Evaluate and make recommendations regarding the need for licensure of additional persons who participate in the delivery of health care to Indiana residents.
        (20) Evaluate the benefits and problems of the current disciplinary systems and make recommendations regarding alternatives and improvements.
        (21) Study and make recommendations concerning the long term care system, including self-directed care plans and the regulation and reimbursement of public and private facilities

that provide long term care.
        (22) Study 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 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. A final report submitted under this subsection to the legislative council must be in an electronic format under IC 5-14-6.
    (q) This SECTION expires July 1, 2004.

&DNM.2004-28-190
&YENC.2004
&YAMD.2004
    SECTION 190. (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) A report under this SECTION to the legislative council must be in an electronic format under IC 5-14-6.
    (f) This SECTION expires June 30, 2005.

&DNM.2004-28-191
&YENC.2004
&YAMD.2004
    SECTION 191. (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.
    (i) The division shall report to the governor and the legislative council the failure of a certified provider to provide information required by subsection (e).
    (j) The division shall distribute the report prepared under subsection (d) to the governor and legislative council.
    (k) The first report the division is required to prepare under subsection (d) is due not later than September 30, 1999.
    (l) The division shall establish a central registry to receive the information required by subsection (d)(9).
    (m) A report distributed under this SECTION to the legislative council must be in an electronic format under IC 5-14-6.
    (n) This SECTION expires July 1, 2008.

&DNM.2004-28-192
&YENC.2004
&YAMD.2004
    SECTION 192. (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. The report must be in an electronic format under IC 5-14-6.
    (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.

&DNM.2004-28-193
&YENC.2004
&YAMD.2004
    SECTION 193. (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) A report under this SECTION to the legislative council must be in an electronic format under IC 5-14-6.
    (f) This SECTION expires December 31, 2005.

&DNM.2004-28-194
&YENC.2004
&YAMD.2004
    SECTION 194. (a) As used in this SECTION, "commission" refers to the Indiana commission on excellence in health care established by subsection (d).
    (b) As used in this SECTION, "health care professional" has the meaning set forth in IC 16-27-1-1.
    (c) As used in this SECTION, "health care provider" includes the following:
        (1) A hospital or an ambulatory outpatient surgical center licensed under IC 16-21.
        (2) A hospice program (as defined in IC 16-25-1.1-4).
        (3) A home health agency licensed under IC 16-27-1.
        (4) A health facility licensed under IC 16-28.
    (d) There is established the Indiana commission on excellence in health care.
    (e) The commission consists of the following members:
        (1) Four (4) members appointed from the house of representatives by the speaker of the house of representatives. Not more than two (2) of the members appointed under this subdivision may be members of the same political party.
        (2) Four (4) members appointed from the senate by the president pro tempore of the senate. Not more than two (2) of the members appointed under this subdivision may be members of the same political party.
        (3) The governor or the governor's designee.
        (4) The state health commissioner appointed under IC 16-19-4-2 or the commissioner's designee.
        (5) One (1) member appointed by the governor who is a former dean or former faculty member of the Indiana University School of Medicine.
        (6) One (1) member appointed by the governor who is a former dean or former faculty member of an Indiana school of nursing.
        (7) One (1) member appointed by the governor who is a health care provider or a representative for individuals who have both a mental illness and a developmental disability.
    (f) The commission shall operate under the rules of the legislative council. The commission shall meet upon the call of the chairperson.
    (g) The affirmative votes of at least seven (7) voting members of the commission are required for the commission to take any action, including the approval of a final report.
    (h) The speaker of the house of representatives shall appoint the chairperson of the commission during odd-numbered years beginning January 1. The president pro tempore of the senate shall

appoint the chairperson of the commission during even-numbered years beginning January 1.
    (i) Each member of the commission who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). The member is also entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.
    (j) Each member of the commission who is a state employee but who is not a member of the general assembly is entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.
    (k) Each member of the commission who is a member of the general assembly is entitled to receive the same per diem, mileage, and travel allowances paid to members of the general assembly serving on interim study committees established by the legislative council.
    (l) The legislative services agency shall provide staff to support the commission. The legislative services agency is not required to provide staff assistance to the subcommittees of the commission except to the extent the subcommittees require copying services.
    (m) The expenses of the commission shall be paid from funds appropriated to the legislative services agency.
    (n) The commission shall study the quality of health care, including mental health, and develop a comprehensive statewide strategy for improving the health care delivery system. The commission shall do the following:
        (1) Identify existing data sources that evaluate quality of health care in Indiana and collect, analyze, and evaluate this data.
        (2) Establish guidelines for data sharing and coordination.
        (3) Identify core sets of quality measures for standardized reporting by appropriate components of the health care continuum.
        (4) Recommend a framework for quality measurement and outcome reporting.
        (5) Develop quality measures that enhance and improve the ability to evaluate and improve care.
        (6) Make recommendations regarding research and development needed to advance quality measurement and reporting.
        (7) Evaluate regulatory issues relating to the pharmacy profession and recommend changes necessary to optimize patient safety.
        (8) Facilitate open discussion of a process to ensure that comparative information on health care quality is valid, reliable, comprehensive, understandable, and widely available in the public domain.

        (9) Sponsor public hearings to share information and expertise, identify best practices, and recommend methods to promote their acceptance.
        (10) Evaluate current regulatory programs to determine what changes, if any, need to be made to facilitate patient safety.
        (11) Review public and private health care purchasing systems to determine if there are sufficient mandates and incentives to facilitate continuous improvement in patient safety.
        (12) Analyze how effective existing regulatory systems are in ensuring continuous competence and knowledge of effective safety practices.
        (13) Develop a framework for organizations that license, accredit, or credential health care professionals and health care providers to more quickly and effectively identify unsafe providers and professionals and to take action necessary to remove an unsafe provider or professional from practice or operation until the professional or provider has proven safe to practice or operate.
        (14) Recommend procedures for development of a curriculum on patient safety and methods of incorporating the curriculum into training, licensure, and certification requirements.
        (15) Develop a framework for regulatory bodies to disseminate information on patient safety to health care professionals, health care providers, and consumers through conferences, journal articles and editorials, newsletters, publications, and Internet websites.
        (16) Recommend procedures to incorporate recognized patient safety considerations into practice guidelines and into standards related to the introduction and diffusion of new technologies, therapies, and drugs.
        (17) Recommend a framework for development of community based collaborative initiatives for error reporting and analysis and implementation of patient safety improvements.
        (18) Evaluate the role of advertising in promoting or adversely affecting patient safety.
        (19) Evaluate and make recommendations regarding the need for licensure of additional persons who p