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&DNM.2005-2-133
SECTION 133. P.L.2-2005, SECTION 133, IS AMENDED TO
READ AS FOLLOWS: SECTION 133. (a) The definitions in IC
6-1.1-1 apply throughout this SECTION.
(b) As used in this SECTION, "taxpayer" means a nonprofit
corporation that is an owner of land and improvements:
(1) that were owned, occupied, and used by the taxpayer to
provide youths with the opportunity to play supervised and
organized baseball or softball, or both, against other youths during
the period preceding the assessment date in 2002 and continuing
through the date that this SECTION is effective;
(2) for which a property tax liability was imposed for property
taxes first due and payable in 2001, 2002, and 2003 that exceeded
eighteen thousand dollars ($18,000), in the aggregate, and was
paid in 2003;
&DNM.2005-2-134
&DNM.2005-3-2
&DNM.2005-4-149
&DNM.2005-4-150
READ AS FOLLOWS: SECTION 150. (a) The duties conferred on the
department of commerce relating to energy policy are transferred to the
office of the lieutenant governor on the effective date of this act.
Notwithstanding any other law, beginning on the effective date of this
act, the office of the lieutenant governor is also responsible for
administering the following:
&DNM.2005-4-151
&DNM.2005-4-152
and community development. Any amounts owed to the department of
commerce before the effective date of this act under a program
administered under this SECTION on and after the effective date of
this act by the Indiana economic development corporation shall be
payable to the Indiana economic development corporation.
&DNM.2005-4-153
&DNM.2005-4-154
&DNM.2005-7-2
&DNM.2005-9-1
Abraham Lincoln bicentennial commission established by subsection
(c).
H.R. 1451).
of the house of representatives.
&DNM.2005-10-5
&DNM.2005-12-7
act, shall make the appointments required by IC 13-13-7-3 before July
1, 2005.
&DNM.2005-17-2
&DNM.2005-20-1
the waiver.
&DNM.2005-22-58
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to the department.
&DNM.2005-22-60
obligations of the department beginning April 15, 2005.
&DNM.2005-22-61
services department before April 15, 2005, that are legal and valid
on April 15, 2005, are obligations of the department of homeland
security beginning April 15, 2005.
&DNM.2005-22-62
&DNM.2005-22-63
by IC 10-19-7-1, as added by this act.
&DNM.2005-22-64
&DNM.2005-22-65
&DNM.2005-22-66
&DNM.2005-28-3
&DNM.2005-28-4
AS FOLLOWS: SECTION 4. IC 33-38-8-13, as amended by this act,
applies to participants in the judges' 1985 retirement, disability, and
death benefit system regardless of whether they:
&DNM.2005-35-4
&DNM.2005-37-5
&DNM.2005-37-6
&DNM.2005-47-2
&DNM.2005-50-3
&DNM.2005-53-4
&DNM.2005-54-6
&DNM.2005-60-3
&DNM.2005-61-1
sentencing laws and policies is desirable in order to:
the department of correction and local facilities with respect to
both fiscal impact and inmate population.
&DNM.2005-62-10
&DNM.2005-63-1
&DNM.2005-70-8
2005.
&DNM.2005-72-2
&DNM.2005-73-176
&DNM.2005-73-178
&DNM.2005-79-3
&DNM.2005-83-13
&DNM.2005-83-14
&DNM.2005-83-15
before July 1, 2005, included for the purpose of computing all
applicable employment rights and benefits with the division.
&DNM.2005-83-16
&DNM.2005-87-41
&DNM.2005-88-19
(3) that would have qualified for an exemption under IC 6-1.1-10
from property taxes first due and payable in 2003 if the owner had
complied with the filing requirements for the exemption in a
timely manner; and
(4) that have been granted an exemption under IC 6-1.1-10 from
property taxes first due and payable in 2004.
(c) The land and improvements described in subsection (b) are
exempt under IC 6-1.1-10-16 from property taxes first due and payable
in 2003, notwithstanding that the taxpayer failed to make a timely
application for the exemption on or before May 15, 2002.
(d) The taxpayer may file claims with the county auditor for a
refund for the amounts paid toward property taxes on the land and
improvements described in subsection (b) that were billed to the
taxpayer for property taxes first due and payable in 2001, 2002, and
2003. The claim must be filed as set forth in IC 6-1.1-26-1(1) through
IC 6-1.1-26-1(3). The claims must present sufficient facts for the
county auditor to determine whether the claimant is a person that meets
the qualifications described in subsection (b) and the amount that
should be refunded to the taxpayer.
(e) Upon receiving a claim filed under this SECTION, the county
auditor shall determine whether the claim is correct. If the county
auditor determines that the claim is correct, the county auditor shall
submit the claim under IC 6-1.1-26-4 to the county board of
commissioners for review. The only grounds for disallowing the claim
under IC 6-1.1-26-4 are that the claimant is not a person that meets the
qualifications described in subsection (b) or that the amount claimed
is not the amount due to the taxpayer. If the claim is allowed, the
county auditor shall, without an appropriation being required, issue a
warrant to the claimant payable from the county general fund for the
amount due the claimant under this SECTION. The amount of the
refund must equal the amount of the claim allowed. Notwithstanding
IC 6-1.1-26-5, no interest is payable on the refund.
(f) This SECTION expires December 31, 2006.
SECTION 134. P.L.2-2005, SECTION 134, IS AMENDED TO
READ AS FOLLOWS: SECTION 134. (a) As used in this SECTION,
"department" refers to the department of workforce development.
(b) Notwithstanding IC 22-4.1-7-8, as added by P.L.96-2004, the
department, in consultation with the department of education, shall
adopt rules to implement IC 22-4.1-7, as added by P.L.96-2004, in the
same manner as emergency rules are adopted under IC 4-22-2-37.1.
Any rules adopted under this SECTION must be adopted not later than
September 1, 2004. A rule adopted under this SECTION expires on the
earlier of:
(1) the date a rule is adopted by the department, in consultation
with the department of education, under IC 4-22-2-24 through IC
4-22-2-36 to implement IC 22-4.1-7, as added by P.L.96-2004; or
(2) January 1, 2006.
(c) This SECTION expires December 31, 2007.
&DNM.2005-2-135
SECTION 135. P.L.2-2005, SECTION 135, IS AMENDED TO
READ AS FOLLOWS: SECTION 135. (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 (c) 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.
SECTION 2. P.L.3-2005, SECTION 2, IS AMENDED TO READ
AS FOLLOWS: SECTION 2. The general assembly intends the
amendment of IC 24-9-5-4(c) made by this act to be construed together
with P.L.73-2004, SECTION 33, and to apply as if the language of IC
24-9-5-4(c), as amended by this act, had been part of P.L.73-2004,
SECTION 33.
SECTION 149. P.L.4-2005, SECTION 149, IS AMENDED TO
READ AS FOLLOWS: SECTION 149. The Indiana economic
development corporation established by IC 5-28-3-1, as added by this
act, is a continuation of the Indiana economic development corporation
established by IC 4-1.3-3-1, which is repealed by this act.
SECTION 150. P.L.4-2005, SECTION 150, IS AMENDED TO
(1) The office of energy policy.
(2) The center for coal technology research.
(3) The Indiana recycling and energy development board.
(b) The rules, policies, and guidelines adopted by:
(1) the department of commerce concerning energy policy; or
(2) an entity described in subsection (a);
before the effective date of this act are considered on and, after the
effective date of this act, rules, policies, and guidelines of the office of
the lieutenant governor until the office of the lieutenant governor
adopts replacement rules, policies, and guidelines.
(c) On the effective date of this act, the office of the lieutenant
governor becomes the owner of all property and obligations relating to
energy policy of the department of commerce. Any amounts owed to
the department of commerce before the effective date of this act under
a program administered under this SECTION on or after the effective
date of this act by the office of the lieutenant governor shall be payable
to the office of the lieutenant governor.
(d) Any appropriations to the department of commerce relating to
energy policy and any funds relating to energy policy under the control
or supervision of the department of commerce on the effective date of
this act, as determined by the budget agency, are transferred to the
control or supervision of the office of the lieutenant governor on the
effective date of this act.
(e) The legislative services agency shall prepare legislation for
introduction in the 2006 regular session of the general assembly to
organize and correct statutes affected by the transfer of responsibilities
to the office of the lieutenant governor.
(f) This SECTION expires July 1, 2007.
SECTION 151. P.L.4-2005, SECTION 151, IS AMENDED TO
READ AS FOLLOWS: SECTION 151. (a) The duties conferred on the
department of commerce relating to tourism and community
development are transferred to the office of the lieutenant governor on
the effective date of this act. Notwithstanding any other law, beginning
on the effective date of this act, the office of the lieutenant governor is
also responsible for administering the following funds, programs,
councils, and accounts:
(1) The tourism information and promotion fund.
(2) The tourism marketing fund.
(3) The Indiana tourism council.
(4) The community promotion program.
(5) The Indiana main street program.
(6) The individual development accounts program.
(7) The home ownership education account.
(b) The rules, policies, and guidelines adopted by:
(1) the department of commerce concerning tourism and
community development; or
(2) an entity described in subsection (a);
before the effective date of this act are considered, on and after the
effective date of this act, rules, policies, and guidelines of the office of
the lieutenant governor until the office of the lieutenant governor
adopts replacement rules, policies, and guidelines.
(c) On the effective date of this act, the office of the lieutenant
governor becomes the owner of all property and obligations relating to
tourism promotion and community development of the department of
commerce. Any amounts owed to the department of commerce before
the effective date of this act under a program administered under this
SECTION on and after the effective date of this act by the office of the
lieutenant governor shall be payable to the office of the lieutenant
governor.
(d) Any appropriations to the department of commerce relating to
tourism and community development and funds relating to tourism and
community development under the control or supervision of the
department of commerce on the effective date of this act, as determined
by the budget agency, are transferred to the control or supervision of
the office of the lieutenant governor on the effective date of this act.
(e) The legislative services agency shall prepare legislation for
introduction in the 2006 regular session of the general assembly to
organize and correct statutes affected by the transfer of responsibilities
to the lieutenant governor.
(f) This SECTION expires July 1, 2007.
SECTION 152. P.L.4-2005, SECTION 152, IS AMENDED TO
READ AS FOLLOWS: SECTION 152. (a) The duties conferred on the
department of commerce relating to economic development in Indiana,
except those relating to energy policy or tourism and community
development, are transferred to the Indiana economic development
corporation established by IC 5-28-3-1, as added by this act, on the
effective date of this act.
(b) The rules, policies, and guidelines adopted by:
(1) the department of commerce related to economic
development, except those related to energy policy and tourism
and community development; or
(2) any other entity transferred by this act to the control of the
Indiana economic development corporation;
before the effective date of this act are considered, on and after the
effective date of this act, rules, policies, and guidelines of the Indiana
economic development corporation until the corporation adopts
replacement rules, policies, and guidelines.
(c) On the effective date of this act, the Indiana economic
development corporation becomes the owner of all property and
obligations of the department of commerce that are associated with the
economic development activities of the department of commerce,
except property and obligations related to energy policy and tourism
(d) Any appropriations to the department of commerce and funds
under the control or supervision of the department of commerce related
to its economic development functions, except appropriations and
funds related to energy policy and tourism and community
development, on the effective date of this act, as determined by the
budget agency, are transferred to the Indiana economic development
corporation on the effective date of this act. However, twenty thousand
dollars ($20,000) of the appropriations made to the department of
commerce before the effective date of this act shall on the effective
date of this act be transferred to the Indiana promotion fund established
by IC 5-28-5-12, as added by this act.
(e) Any reference in a law or other document to the department of
commerce or director of the department of commerce made before the
effective date of this act and relating to its economic development
function shall be treated on and after the effective date of this act as a
reference to the Indiana economic development corporation established
by this act.
(f) The legislative services agency shall prepare legislation for
introduction in the 2006 regular session of the general assembly to
organize and correct statutes affected by the transfer of responsibilities
to the Indiana economic development corporation by this act.
(g) This SECTION expires July 1, 2007.
SECTION 153. P.L.4-2005, SECTION 153, IS AMENDED TO
READ AS FOLLOWS: SECTION 153. (a) As used in this SECTION,
"corporation" refers to the Indiana economic development corporation
established by IC 5-28-3-1.
(b) As used in this SECTION, "covered economic development
entity" refers to the following:
(1) The Indiana business modernization and technology
corporation established under IC 4-3-11.
(2) The Indiana small business development corporation
established under IC 4-3-12.
(3) The Indiana economic development council established under
IC 4-3-14.
(4) The Indiana twenty-first century research and technology fund
board established by IC 4-4-5.1-6.
(5) The enterprise zone board established by IC 4-4-6.1-1.
(6) The Indiana film commission established by IC 4-4-13-1.
(7) The steel industry advisory commission established by IC
4-4-16.5-2.
(c) The following apply on the effective date of this act:
(1) The powers and duties of a covered economic development
entity before it is abolished by subdivision (7) are transferred to
the corporation.
(2) A reference to a covered economic development entity in a
statute, rule, or other document is considered a reference to the
corporation.
(3) All the property of a covered economic development entity is
transferred to the corporation.
(4) Any appropriations to a covered economic development entity
and funds under the control or supervision of a covered economic
development entity that relate to economic development, as
determined by the budget agency, are transferred to the
corporation. Any appropriations to a covered economic
development entity relating to community development, tourism,
or energy, as determined by the budget agency, and any funds
relating to community development, tourism, or energy, as
determined by the budget agency, that are under the control of a
covered economic development entity are transferred to the office
of the lieutenant governor.
(5) All leases and obligations entered into by a covered economic
development entity before the effective date of this act become
leases and obligations of the corporation on the effective date of
this act.
(6) Any amounts owed to a covered economic development entity
before the effective date of this act are considered to be owed to
the corporation.
(7) Each covered economic development entity is abolished.
(d) The legislative services agency shall prepare legislation for
introduction in the 2006 regular session of the general assembly to
organize and correct statutes affected by the abolishment of the
department of commerce and the covered economic development
entities by this act.
(e) This SECTION expires July 1, 2007.
SECTION 154. P.L.4-2005, SECTION 154, IS AMENDED TO
READ AS FOLLOWS: SECTION 154. (a) The terms of the initial
members of the board of the Indiana economic development
corporation appointed under IC 4-1.5-4-4, before its repeal by this act,
expire on the effective date of this act.
(b) This SECTION expires July 1, 2007.
SECTION 2. P.L.7-2005, SECTION 2, IS AMENDED TO READ
AS FOLLOWS: SECTION 2. The enhanced penalty under IC
35-45-4-5(b)(2), as added by this act, applies only if at least one (1) of
the offenses is committed after June 30, 2005.
SECTION 1. P.L.9-2005, SECTION 1, IS AMENDED TO READ
AS FOLLOWS: SECTION 1. (a) As used in this SECTION,
"bicentennial" refers to the bicentennial of the birth of Abraham
Lincoln.
(b) As used in this SECTION, "commission" refers to the Indiana
(c) There is established the Indiana Abraham Lincoln bicentennial
commission.
(d) The commission consists of the following members:
(1) Four (4) members of the house of representatives, to be
appointed by the speaker of the house of representatives. Not
more than two (2) members appointed under this subdivision may
be members of the same political party.
(2) Four (4) members of the senate, to be appointed by the
president pro tempore of the senate. Not more than two (2)
members appointed under this subdivision may be members of the
same political party.
(3) The governor or the governor's designee.
(4) The director of the department of natural resources or the
director's designee.
(5) One (1) employee of the office of the lieutenant governor who
has expertise in the tourism or film industry, to be designated by
the lieutenant governor.
(6) One (1) member of the Indiana historical society, to be
appointed by the governor.
(7) One (1) member representing a postsecondary educational
institution who has demonstrated substantial knowledge and
appreciation of Abraham Lincoln, to be appointed by the
governor.
(8) One (1) member representing an elementary or a secondary
school who has demonstrated substantial knowledge and
appreciation of Abraham Lincoln, to be appointed by the
governor.
(9) The chief executive officer of the Lincoln Museum in Fort
Wayne, Indiana.
(10) One (1) person who is an Indiana representative to the
federal Abraham Lincoln Bicentennial Commission (established
by Public Law 106-173, H.R. 1451), to be appointed by the
governor.
(11) Three (3) Indiana citizens, to be appointed by the governor.
Not more than two (2) members appointed under this subdivision
may be members of the same political party.
(e) The governor or the governor's designee shall act as the chair of
the commission.
(f) The commission shall do the following:
(1) Honor Abraham Lincoln and educate Indiana residents and the
nation about Indiana's important role in the life of Abraham
Lincoln.
(2) Assist local governments and organizations with planning,
preparation, and grant applications for bicentennial events and
projects.
(3) Coordinate state, local, and nonprofit organizations'
bicentennial activities occurring in Indiana.
(4) Cooperate and coordinate with the federal Abraham Lincoln
Bicentennial Commission (established by Public Law 106-173,
(5) Act as a point of contact for federal or other state bicentennial
organizations wishing to distribute information to state and local
groups about grant opportunities, meetings, and national events.
(6) Plan and implement appropriate events to commemorate the
bicentennial.
(7) Seek federal grants and philanthropic support for bicentennial
activities.
(8) Perform other duties necessary to highlight Indiana's
association with Abraham Lincoln.
(9) Annually report the commission's progress, activities, and
recommendations to the governor and the legislative council. The
report to the legislative council must be in an electronic format
under IC 5-14-6.
(g) The department of natural resources shall staff the commission.
(h) Except as provided in subsection (k), the expenses of the
commission shall be paid from money appropriated to the department
of natural resources.
(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 legislative members of interim study committees
established by the legislative council. Per diem, mileage, and travel
allowances paid under this subsection shall be paid from appropriations
made to the legislative council or the legislative services agency.
(l) Each member of the commission who is appointed by the
governor serves at the governor's pleasure.
(m) Each member of the commission who is a member of the
general assembly is a nonvoting member of the commission.
(n) Six (6) affirmative votes by the voting members of the
commission are required for the commission to take action on any
measure, including annual reports.
(o) The commission may establish a citizen advisory board to assist
the commission in implementing this SECTION. If the commission
establishes a citizen advisory board under this subsection, the following
apply:
(1) The board consists of the following members:
(A) Not more than seven (7) citizens appointed by the speaker
(B) Not more than seven (7) citizens appointed by the
president pro tempore of the senate.
(C) Not more than seven (7) citizens appointed by the
governor.
(2) The duties of the board are determined by the commission.
(3) The board shall operate under procedures established by the
commission.
(4) Members of the board are not entitled to per diem, mileage, or
travel allowances.
(p) This SECTION expires January 1, 2010.
SECTION 5. P.L.10-2005, SECTION 5, IS AMENDED TO READ
AS FOLLOWS: SECTION 5. (a) As used in this SECTION, "board"
refers to the board of trustees of the public employees' retirement fund.
(b) As used in this SECTION, "eligible officer" means a police
officer or firefighter whose employer purchases coverage under this
SECTION.
(c) As used in this SECTION, "employer" means:
(1) with respect to a police officer, a university, college, or junior
college, other than a state university, state college, or state junior
college, that appoints a police officer under IC 20-12-3.5; or
(2) with respect to a firefighter, a university, other than a state
university, that:
(A) is located in Indiana;
(B) maintains a fire department;
(C) employs firefighters for the fire department; and
(D) is accredited by the North Central Association.
(d) As used in this SECTION, "fund" refers to the special death
benefit fund established by IC 5-10-10-5, as amended by this act.
(e) Not later than June 30, 2005, an employer may remit payment to
the board to purchase coverage under IC 5-10-10-4.5, as added by this
act, for all eligible officers employed by the employer during the period
beginning July 1, 2004, and ending June 30, 2005. If a payment is
remitted in accordance with this subsection, a special death benefit
shall be paid from the fund under IC 5-10-10, as amended by this act,
for any eligible officer who dies in the line of duty during the period
beginning July 1, 2004, and ending June 30, 2005.
(f) This SECTION expires July 1, 2006.
SECTION 7. P.L.12-2005, SECTION 7, IS AMENDED TO READ
AS FOLLOWS: SECTION 7. (a) Until an appointment is made under
IC 13-13-7-3(b)(3)(A) through IC 13-13-7-3(b)(3)(E), all as added by
this act, a vacant position on the environmental quality service council
shall be held by the corresponding member of the environmental
quality service council serving on January 1, 2005, who was appointed
under P.L.248-2001, SECTION 4(d)(4) to represent the same interest
as must be represented by the person appointed to the vacant position.
(b) The appointing authorities under IC 13-13-7-3, as added by this
(c) This SECTION expires December 31, 2005.
SECTION 2. P.L.17-2005, SECTION 2, IS AMENDED TO READ
AS FOLLOWS: SECTION 2. (a) As used in this SECTION,
"commission" refers to the Indiana war memorials commission
established by IC 10-18-1-2.
(b) As used in this SECTION, "corporation" refers to the Indiana
War Memorials Foundation, Inc., a nonprofit corporation incorporated
by articles of incorporation dated November 22, 2000.
(c) The incorporation of the corporation is legalized and is
considered done under IC 10-18-1-18(6), as added by this act.
(d) The transfer of money and personal property from the
commission to the corporation before April 30, 2005, is legalized.
(e) The commission may transfer the operation of the Indiana War
Memorial gift shop and all personal property associated with the gift
shop to the corporation.
(f) There is appropriated to the commission the amount of money
determined by the state budget agency and the commission that
represents the donations to the commission, including earnings, that are
in the state treasury as the result of a reversion before the commission
could make the transfer to the corporation. The appropriation shall be
allocated by the state budget agency among the Indiana war memorial
fund, the state general fund with respect to earnings, and the souvenir
shop fund established by IC 10-18-1-26. The appropriation is to be
used for the corporation's purposes, beginning July 1, 2005, and ending
June 30, 2007.
(g) This SECTION expires July 1, 2007.
SECTION 1. P.L.20-2005, SECTION 1, IS AMENDED TO READ
AS FOLLOWS: SECTION 1. (a) As used in this SECTION, "family
planning services" does not include the performance of abortions or the
use of a drug or device intended to terminate a pregnancy after
fertilization.
(b) As used in this SECTION, "fertilization" means the joining of a
human egg cell with a human sperm cell.
(c) As used in this SECTION, "office" refers to the office of
Medicaid policy and planning established by IC 12-8-6-1.
(d) As used in this SECTION, "waiver" refers to a Section 1115
demonstration waiver under the federal Social Security Act (42 U.S.C.
1315).
(e) Before January 1, 2006, the office shall apply to the United
States Department of Health and Human Services for approval of a
waiver to:
(1) continue coverage of family planning services for a woman
described in IC 12-15-2-13 for two (2) years after the expiration
of the postpartum eligibility period under IC 12-15-2-13(d); and
(2) provide Medicaid coverage for any other service required by
The waiver application must include language stating that the waiver
will not include coverage for the performance of abortions or the use
of a drug or device intended to terminate a pregnancy after fertilization.
(f) If a provision of this SECTION differs from the requirements of
a waiver, the office shall submit the waiver request in a manner that
complies with the requirements of the waiver. However, if the waiver
is approved, the office, not more than one hundred twenty (120) days
after the waiver is approved, shall apply for an amendment to the
waiver that contains the provisions of this SECTION that were not
included in the approved waiver.
(g) The office may not implement the waiver until the office files an
affidavit with the governor attesting that the waiver applied for under
this SECTION is in effect. The office shall file the affidavit under this
subsection not more than five (5) days after the office is notified that
the waiver is approved.
(h) If the office receives a waiver under this SECTION from the
United States Department of Health and Human Services and the
governor receives the affidavit filed under subsection (g), the office
shall implement the waiver not more than sixty (60) days after the
governor receives the affidavit.
(i) The office may adopt rules under IC 4-22-2 to implement this
SECTION.
(j) This SECTION expires January 1, 2011.
&DNM.2005-22-57
SECTION 57. P.L.22-2005, SECTION 57, IS AMENDED TO
READ AS FOLLOWS: SECTION 57. (a) Notwithstanding IC
16-31-3.5-3(a), as added by this act, the prohibition against an
individual acting as an emergency medical dispatcher unless the
individual is certified by the Indiana emergency medical services
commission as an emergency medical dispatcher does not apply to an
individual before July 1, 2007.
(b) Notwithstanding IC 16-31-3.5-3(b), as added by this act, the
prohibition against a person acting as an emergency medical dispatch
agency unless the person is certified by the Indiana emergency medical
services commission as an emergency medical dispatch agency does
not apply to a person before July 1, 2007.
(c) This SECTION expires July 2, 2007.
SECTION 58. P.L.22-2005, SECTION 58, IS AMENDED TO
READ AS FOLLOWS: SECTION 58. (a) The definitions in IC
10-19-1, as added by this act, apply throughout this SECTION.
(b) After April 14, 2005, the following apply:
(1) The powers and duties of the counterterrorism and security
council established by IC 4-3-20-2 are transferred to the council
established by IC 10-19-8-1, as added by this act.
(2) A reference to the counterterrorism and security council
established by IC 4-3-20-2 in a statute, a rule, or another
document is considered a reference to the council established by
IC 10-19-8-1, as added by this act.
(3) All the property of the counterterrorism and security council
established by IC 4-3-20-2 is transferred to the department.
(4) An appropriation to the counterterrorism and security council
established by IC 4-3-20-2, in effect after June 30, 2005, is
transferred to the department.
(5) Personnel positions of the counterterrorism and security
council established by IC 4-3-20-2 are transferred to the
department.
(6) This subdivision applies to an individual employed by the
counterterrorism and security council established by IC 4-3-20-2
on April 14, 2005:
(A) The individual is entitled to become an employee of the
department on April 15, 2005.
(B) The individual is entitled to have the individual's service
as an employee of the counterterrorism and security council
before April 15, 2005, included for the purpose of computing
all applicable employment rights and benefits with the
department.
(7) All leases and obligations entered into by the counterterrorism
and security council established by IC 4-3-20-2 before April 15,
2005, that are legal and valid on April 15, 2005, are obligations
of the department beginning April 15, 2005.
(c) This SECTION expires July 1, 2008.
SECTION 59. P.L.22-2005, SECTION 59, IS AMENDED TO
READ AS FOLLOWS: SECTION 59. (a) The definitions in IC
10-19-1, as added by this act, apply throughout this SECTION.
(b) As used in this SECTION, "board" refers to the public safety
training board created by IC 5-2-10.5-5.
(c) As used in this SECTION, "division" refers to the division of
preparedness and training of the department.
(d) As used in this SECTION, "institute" refers to the public safety
institute established by IC 5-2-10.5-4.
(e) After April 14, 2005, the following apply:
(1) The board and the institute are abolished.
(2) The powers and duties of the board and the institute are
transferred to the division.
(3) A reference to the board or the institute in a statute, a rule, or
another document is considered a reference to the division.
(4) All the property of the board and the institute is transferred to
the department.
(5) An appropriation to the board or the institute, in effect after
April 14, 2005, is transferred to the department.
(6) Personnel positions of the board or the institute are transferred
(7) This subdivision applies to an individual employed by the
board or the institute on April 14, 2005:
(A) The individual is entitled to become an employee of the
department on April 15, 2005.
(B) The individual is entitled to have the individual's service
as an employee of the board or the institute before April 15,
2005, included for the purpose of computing all applicable
employment rights and benefits with the department.
(8) All leases and obligations entered into by the board or the
institute before April 15, 2005, that are legal and valid on April
15, 2005, are obligations of the department beginning April 15,
2005.
(f) This SECTION expires July 1, 2008.
SECTION 61. P.L.22-2005, SECTION 60, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: SECTION
60. (a) The definitions in IC 10-19-1, as added by this act, apply
throughout this SECTION.
(b) As used in this SECTION, "agency" refers to the state
emergency management agency established by IC 10-14-2-1.
(c) After April 14, 2005, the following apply:
(1) The agency is abolished.
(2) The powers and duties of the agency are transferred to the
department.
(3) A reference to the agency in a statute, a rule, or another
document is considered a reference to the department.
(4) All the property of the agency is transferred to the department.
(5) An appropriation to the agency, in effect after April 14, 2005,
is transferred to the department.
(6) The following funds are transferred to the department:
(A) The emergency management contingency fund established
by IC 10-14-3-28.
(B) The state disaster relief fund established by IC 10-14-4-5.
(C) The nuclear response fund established under IC 10-14-6.
by IC 10-14-8-6.
(7) Personnel positions of the agency are transferred to the
department.
(8) This subdivision applies to an individual employed by the
agency on April 14, 2005:
(A) The individual is entitled to become an employee of the
department on April 15, 2005.
(B) The individual is entitled to have the individual's service
as an employee of the agency before April 15, 2005, included
for the purpose of computing all applicable employment rights
and benefits with the department.
(9) All leases and obligations entered into by the agency before
April 15, 2005, that are legal and valid on April 15, 2005, are
(d) This SECTION expires July 1, 2008.
SECTION 61. P.L.22-2005, SECTION 61, IS AMENDED TO
READ AS FOLLOWS: SECTION 61. (a) The definitions in IC
10-19-1, as added by this act, apply throughout this SECTION.
(b) As used in this SECTION, "fire and building services
department" refers to the department established by IC 22-12-5-1,
before its repeal by this act.
(c) As used in this SECTION, "department of homeland security"
refers to the department established by IC 10-19-2-1, as added by this
act.
(d) After April 14, 2005, the following apply:
(1) The fire and building services department is abolished.
(2) The powers and duties of the fire and building services
department are transferred to the department of homeland
security.
(3) A reference to the fire and building services department in a
statute, a rule, or another document is considered a reference to
the department of homeland security.
(4) All the property of the fire and building services department
is transferred to the department of homeland security.
(5) An appropriation to the fire and building services department,
in effect after April 14, 2005, is transferred to the department of
homeland security.
(6) The following funds are transferred to the department of
homeland security:
(A) The fire and building services fund established by IC
22-12-6-1.
(B) The statewide arson investigation financial assistance fund
established by IC 22-12-6-2.
(C) The statewide fire and building safety education fund
established by IC 22-12-6-3.
(D) The firefighting and emergency equipment revolving loan
fund established by IC 22-14-5-1.
(7) Personnel positions of the fire and building services
department are transferred to the department of homeland
security.
(8) This subdivision applies to an individual employed by the fire
and building services department on April 14, 2005:
(A) The individual is entitled to become an employee of the
department of homeland security on April 15, 2005.
(B) The individual is entitled to have the individual's service
as an employee of the fire and building services department
before April 15, 2005, included for the purpose of computing
all applicable employment rights and benefits with the
department of homeland security.
(9) All leases and obligations entered into by the fire and building
(e) This SECTION expires July 1, 2008.
SECTION 62. P.L.22-2005, SECTION 62, IS AMENDED TO
READ AS FOLLOWS: SECTION 62. (a) The definitions in IC
10-19-1, as added by this act, apply throughout this SECTION.
(b) As used in this SECTION, "division" refers to the division of fire
and building safety of the department of homeland security established
by IC 10-19-7-1, as added by this act.
(c) As used in this SECTION, "office" refers to the office of the
state building commissioner established by IC 22-15-2-1, before its
repeal by this act.
(d) After April 14, 2005, the following apply:
(1) The office is abolished.
(2) The powers and duties of the office are transferred to the
division.
(3) A reference to the office in a statute, a rule, or another
document is considered a reference to the division.
(4) All the property of the office is transferred to the division.
(5) An appropriation to the office, in effect after April 14, 2005,
is transferred to the division.
(6) Personnel positions of the office are transferred to the
division.
(7) This subdivision applies to an individual employed by the
office on April 14, 2005:
(A) The individual is entitled to become an employee of the
division on April 15, 2005.
(B) The individual is entitled to have the individual's service
as an employee of the office before April 15, 2005, included
for the purpose of computing all applicable employment rights
and benefits with the department of homeland security.
(8) All leases and obligations entered into by the office before
April 15, 2005, that are legal and valid on April 15, 2005, are
obligations of the department of homeland security beginning
April 15, 2005.
(e) This SECTION expires July 1, 2008.
SECTION 63. P.L.22-2005, SECTION 63, IS AMENDED TO
READ AS FOLLOWS: SECTION 63. (a) The definitions in IC
10-19-1, as added by this act, apply throughout this SECTION.
(b) As used in this SECTION, "commissioner" refers to the state
building commissioner appointed under IC 22-15-2-2, before its repeal
by this act.
(c) As used in this SECTION, "division" refers to the division of fire
and building safety of the department of homeland security established
(d) After April 14, 2005, the following apply:
(1) The powers and duties of the commissioner are transferred to
the division.
(2) A reference to the commissioner in a statute, a rule, or another
document is considered a reference to the division.
(e) This SECTION expires July 1, 2008.
SECTION 64. P.L.22-2005, SECTION 64, IS AMENDED TO
READ AS FOLLOWS: SECTION 64. (a) As used in this SECTION,
"commission" refers to the fire prevention and building safety
commission established by IC 22-12-2-1.
(b) Notwithstanding any other law, the term of office of a member
of the commission serving on April 14, 2005, terminates April 15,
2005.
(c) The governor shall appoint the number of members of the
commission provided by IC 22-12-2-2, as amended by this act.
(d) This SECTION expires July 1, 2009.
SECTION 65. P.L.22-2005, SECTION 65, IS AMENDED TO
READ AS FOLLOWS: SECTION 65. (a) As used in this SECTION,
"department" refers to the department of homeland security established
by IC 10-19-2-1, as added by this act.
(b) The legislative services agency shall prepare legislation for
introduction in the 2006 regular session of the general assembly to
organize and correct statutes affected by the establishment of the
department by this act.
(c) This SECTION expires July 1, 2006.
SECTION 66. P.L.22-2005, SECTION 66, IS AMENDED TO
READ AS FOLLOWS: SECTION 66. (a) Beginning April 15, 2005,
and ending July 1, 2005, this SECTION, and not IC 5-2-1-3, governs
the membership of the law enforcement training board established by
IC 5-2-1-3.
(b) As used in this SECTION, "board" refers to the law enforcement
training board established by IC 5-2-1-3.
(c) The members of the board are to be selected as provided by IC
5-2-1. The board is composed of the following members:
(1) The superintendent of the Indiana state police department,
who shall serve as chairperson of the board.
(2) The deputy director of the division of preparedness and
training of the department of homeland security, who shall serve
as the vice chairperson of the board.
(3) The chief of police of a consolidated city.
(4) One (1) county sheriff from a county with a population of at
least one hundred thousand (100,000).
(5) One (1) county sheriff from a county with a population of at
least fifty thousand (50,000) but less than one hundred thousand
(100,000).
(6) One (1) county sheriff from a county with a population of less
than fifty thousand (50,000).
(7) One (1) chief of police who is from a city with a population of
at least thirty-five thousand (35,000) but who is not the chief of
police of a consolidated city.
(8) One (1) chief of police from a city with a population of at least
ten thousand (10,000) but less than thirty-five thousand (35,000).
(9) One (1) chief of police, police officer, or town marshal from
a city or town with a population of less than ten thousand
(10,000).
(10) One (1) prosecuting attorney.
(11) One (1) judge of a circuit or superior court exercising
criminal jurisdiction.
(12) One (1) member representing professional journalism.
(13) One (1) member representing the medical profession.
(14) One (1) member representing education.
(15) One (1) member representing business and industry.
(16) One (1) member representing labor.
(17) One (1) member representing Indiana elected officials of
counties, cities, and towns.
(d) The following members constitute an advisory council to assist
the members of the board in an advisory, nonvoting capacity:
(1) The special agent in charge of the Federal Bureau of
Investigation field office covering the state of Indiana, subject to
the agent's approval to serve in such capacity.
(2) The attorney general of Indiana.
(3) One (1) member representing forensic science, to be
appointed by the governor.
(4) One (1) member representing theology, to be appointed by the
governor.
(5) The director of the law enforcement division of the
department of natural resources.
(e) This SECTION expires July 1, 2005.
SECTION 3. P.L.28-2005, SECTION 3, IS AMENDED TO READ
AS FOLLOWS: SECTION 3. IC 33-38-7-11, as amended by this act,
applies to participants in the judges' 1977 retirement, disability, and
death benefit system regardless of whether they:
(1) retired before July 1, 2005; or
(2) retire after June 30, 2005.
However, IC 33-38-7-11, as amended by this act, applies only to
benefits first payable after June 30, 2005.
SECTION 4. P.L.28-2005, SECTION 4, IS AMENDED TO READ
(1) retired before July 1, 2005; or
(2) retire after June 30, 2005.
However, IC 33-38-8-13, as amended by this act, applies only to
benefits first payable after June 30, 2005.
SECTION 4. P.L.35-2005, SECTION 4, IS AMENDED TO READ
AS FOLLOWS: SECTION 4. (a) As used in this SECTION,
"department" refers to the Indiana department of transportation
established by IC 8-23-2-1.
(b) Not later than June 30, 2005, the department shall revise the
department's standard specifications, drawings, and other documents
that apply to a construction contract under IC 8-23-9 to remove any
provision that prohibits a contractor from receiving, or restricts the
contractor in receiving, reasonable compensation or reasonable
expenses directly related to unforeseen conditions encountered during
a construction project as a result of:
(1) a conflict with the facilities of a utility (as defined in IC
8-1-9-2(a)); or
(2) delays due to the relocation of utility facilities;
that differ materially from the affected utilities or utility relocations
specified in the contract documents for a particular project.
(c) This SECTION expires January 1, 2007.
SECTION 5. P.L.37-2005, SECTION 5, IS AMENDED TO READ
AS FOLLOWS: SECTION 5. 460 IAC 1.1 is void. The publisher of
the Indiana Administrative Code and Indiana Register shall remove this
article from the Indiana Administrative Code.
SECTION 6. P.L.37-2005, SECTION 6, IS AMENDED TO READ
AS FOLLOWS: SECTION 6. (a) As used in this SECTION,
"committee" refers to the administrative rules oversight committee
established by IC 2-5-18-4.
(b) As used in this SECTION, "division" refers to the division of
disability, aging, and rehabilitative services established by IC 12-9-1-1.
(c) The division shall adopt rules under IC 4-22-2 to implement IC
12-10.5-1 and IC 12-10.5-2, both as amended by this act, not later than
January 1, 2006.
(d) Not later than September 1, 2005, the division shall report to the
committee on the division's progress in adopting the rules described in
subsection (c).
(e) This SECTION expires January 1, 2007.
SECTION 2. P.L.47-2005, SECTION 2, IS AMENDED TO READ
AS FOLLOWS: SECTION 2. (a) The state department of health shall,
not later than September 1, 2005, request that the Secretary of the
United States Department of Health and Human Services make a
determination under 45 CFR 160.204 that IC 16-39-10, as added by
this act, is not preempted by 45 CFR 164 because an intrusion into
privacy that may result from implementing this chapter is warranted
when balanced against a compelling state interest, including a public
health, safety, or welfare need to identify or locate a missing person.
(b) Upon receiving a determination from the Secretary concerning
a request made under subsection (a), the state department of health
shall:
(1) publish the determination on the state department's Internet
web site; and
(2) forward the results of the determination to:
(A) the licensing authority for each covered entity;
(B) each law enforcement agency in Indiana; and
(C) the executive director of the legislative services agency.
(c) This SECTION expires December 31, 2008.
SECTION 3. P.L.50-2005, SECTION 3, IS AMENDED TO READ
AS FOLLOWS: SECTION 3. IC 35-47-6-1.1, as added by this act,
applies only to offenses committed after June 30, 2005.
SECTION 4. P.L.53-2005, SECTION 4, IS AMENDED TO READ
AS FOLLOWS: SECTION 4. IC 35-50-2-8.5, as amended by this act,
applies only to offenses committed after June 30, 2005.
SECTION 6. P.L.54-2005, SECTION 6, IS AMENDED TO READ
AS FOLLOWS: SECTION 6. (a) Before September 1, 2005, the
department of environmental management shall review and revise the
guidance developed for combined sewer overflow communities to
incorporate and reflect the law as in effect on July 1, 2005.
(b) This SECTION expires September 1, 2005.
SECTION 3. P.L.60-2005, SECTION 3, IS AMENDED TO READ
AS FOLLOWS: SECTION 3. IC 27-1-15.7-2, as amended by this act,
applies to renewal of an insurance producer license after June 30, 2005.
SECTION 1. P.L.61-2005, SECTION 1, IS AMENDED TO READ
AS FOLLOWS: SECTION 1. (a) As used in this SECTION,
"committee" refers to the sentencing policy study committee
established by subsection (c).
(b) The general assembly finds that a comprehensive study of
(1) ensure that sentencing laws and policies protect the public
safety;
(2) establish fairness and uniformity in sentencing laws and
policies;
(3) determine whether incarceration or alternative sanctions are
appropriate for various categories of criminal offenses; and
(4) maximize cost effectiveness in the administration of
sentencing laws and policies.
(c) The sentencing policy study committee is established to evaluate
sentencing laws and policies as they relate to:
(1) the purposes of the criminal justice and corrections systems;
(2) the availability of sentencing options; and
(3) the inmate population in department of correction facilities.
If, based on the committee's evaluation under this subsection, the
committee determines changes are necessary or appropriate, the
committee shall make recommendations to the general assembly for the
modification of sentencing laws and policies and for the addition,
deletion, or expansion of sentencing options.
(d) The committee shall do the following:
(1) Evaluate the existing classification of criminal offenses into
felony and misdemeanor categories. In determining the proper
category for each felony and misdemeanor, the committee shall
consider, to the extent they have relevance, the following:
(A) The nature and degree of harm likely to be caused by the
offense, including whether the offense involves property,
irreplaceable property, a person, a number of persons, or a
breach of the public trust.
(B) The deterrent effect a particular classification may have on
the commission of the offense.
(C) The current incidence of the offense in Indiana.
(D) The rights of the victim.
(2) Recommend structures to be used by a sentencing court in
determining the most appropriate sentence to be imposed in a
criminal case, including any combination of imprisonment,
probation, restitution, community service, or house arrest. The
committee shall also consider the following:
(A) The nature and characteristics of the offense.
(B) The severity of the offense in relation to other offenses.
(C) The characteristics of the defendant that mitigate or
aggravate the seriousness of the criminal conduct and the
punishment deserved for that conduct.
(D) The defendant's number of prior convictions.
(E) The available resources and capacity of the department of
correction, local confinement facilities, and community based
sanctions.
(F) The rights of the victim.
The committee shall include with each set of sentencing
structures an estimate of the effect of the sentencing structures on
(3) Review community corrections and home detention programs
for the purpose of:
(A) standardizing procedures and establishing rules for the
supervision of home detainees; and
(B) establishing procedures for the supervision of home
detainees by community corrections programs of adjoining
counties.
(4) Determine the long range needs of the criminal justice and
corrections systems and recommend policy priorities for those
systems.
(5) Identify critical problems in the criminal justice and
corrections systems and recommend strategies to solve the
problems.
(6) Assess the cost effectiveness of the use of state and local
funds in the criminal justice and corrections systems.
(7) Recommend a comprehensive community corrections strategy
based on the following:
(A) A review of existing community corrections programs.
(B) The identification of additional types of community
corrections programs necessary to create an effective
continuum of corrections sanctions.
(C) The identification of categories of offenders who should be
eligible for sentencing to community corrections programs and
the impact that changes to the existing system of community
corrections programs would have on sentencing practices.
(D) The identification of necessary changes in state oversight
and coordination of community corrections programs.
(E) An evaluation of mechanisms for state funding and local
community participation in the operation and implementation
of community corrections programs.
(F) An analysis of the rate of recidivism of clients under the
supervision of existing community corrections programs.
(8) Propose plans, programs, and legislation for improving the
effectiveness of the criminal justice and corrections systems.
(9) Evaluate the use of faith based organizations as an alternative
to incarceration.
(e) The committee may study other topics assigned by the legislative
council or as directed by the committee chair.
(f) The committee consists of nineteen (19) members appointed 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 chief justice of the supreme court or the chief justice's
designee.
(4) The commissioner of the department of correction or the
commissioner's designee.
(5) The director of the Indiana criminal justice institute or the
director's designee.
(6) The executive director of the prosecuting attorneys council of
Indiana or the executive director's designee.
(7) The executive director of the public defender council of
Indiana or the executive director's designee.
(8) One (1) person with experience in administering community
corrections programs, appointed by the governor.
(9) One (1) person with experience in administering probation
programs, appointed by the governor.
(10) Two (2) judges who exercise juvenile jurisdiction, not more
than one (1) of whom may be affiliated with the same political
party, to be appointed by the governor.
(11) Two (2) judges who exercise criminal jurisdiction, not more
than one (1) of whom may be affiliated with the same political
party, to be appointed by the governor.
(g) The chairman of the legislative council shall appoint a
legislative member of the committee to serve as chair of the committee.
Whenever there is a new chairman of the legislative council, the new
chairman may remove the chair of the committee and appoint another
chair.
(h) If a legislative member of the committee ceases to be a member
of the chamber from which the member was appointed, the member
also ceases to be a member of the committee.
(i) A legislative member of the committee may be removed at any
time by the appointing authority who appointed the legislative member.
(j) If a vacancy exists on the committee, the appointing authority
who appointed the former member whose position is vacant shall
appoint an individual to fill the vacancy.
(k) The committee shall submit a final report of the results of its
study to the legislative council before November 1, 2006. The report
must be in an electronic format under IC 5-14-6.
(l) The Indiana criminal justice institute shall provide staff support
to the committee.
(m) Each member of the committee is entitled to receive the same
per diem, mileage, and travel allowances paid to individuals who serve
as legislative and lay members, respectively, of interim study
committees established by the legislative council.
(n) The affirmative votes of a majority of the members appointed to
the committee are required for the committee to take action on any
measure, including the final report.
(o) Except as otherwise specifically provided by this act, the
committee shall operate under the rules of the legislative council. All
funds necessary to carry out this act shall be paid from appropriations
to the legislative council and legislative services agency.
(p) This SECTION expires December 31, 2006.
SECTION 10. P.L.62-2005, SECTION 10, IS AMENDED TO
READ AS FOLLOWS: SECTION 10. IC 5-10.2-4-8, as amended by
this act, applies to:
(1) fiscal years that begin after June 30, 2005, for teachers'
retirement fund members; and
(2) calendar years that begin after December 31, 2005, for public
employees' retirement fund members.
&DNM.2005-62-11
SECTION 11. P.L.62-2005, SECTION 11, IS AMENDED TO
READ AS FOLLOWS: SECTION 11. Interest credited prior to July 1,
2005, in the annuity savings account of the public employees'
retirement fund to suspended members participating in the guaranteed
fund under IC 5-10.2-2-3 shall be treated as properly credited.
SECTION 12. P.L.63-2005, SECTION 1, IS AMENDED TO READ
AS FOLLOWS [EFFECTIVE UPON PASSAGE]: SECTION 1. (a) As
used in this SECTION, "task force" refers to the environmental crimes
task force established by this SECTION.
(b) There is established the environmental crimes task force.
(c) The task force consists of the following members:
(1) Two (2) members of the house of representatives appointed by
the speaker of the house of representatives. The members
appointed under this subdivision may not be members of the same
political party.
(2) Two (2) members of the senate appointed by the president pro
tempore of the senate. The members appointed under this
subdivision may not be members of the same political party.
(3) Two (2) members appointed by the governor who are
representatives of local government. The members appointed
under this subdivision may not be members of the same political
party.
(4) Three (3) members appointed by the governor who are
representatives of environmental advocacy organizations.
(5) Two (2) members appointed by the governor who are
representatives of business and industry.
(6) Two (2) members appointed by the governor who are
attorneys with expertise in environmental law.
(7) The commissioner of the department of environmental
management or the commissioner's designee.
(8) One (1) member nominated by the attorney general and
appointed by the president pro tempore of the senate.
(9) One (1) member nominated by the prosecuting attorneys
council of Indiana and appointed by the speaker of the house of
representatives who is a representative of prosecuting attorneys.
(10) The director of the law enforcement division of the
department of natural resources or the director's designee.
(11) A representative of a business group affected by
environmental laws appointed by the governor.
The appointments required under this subsection shall be made before
July 1, 2005.
(d) The appointed members of the task force serve at the pleasure
of the appointing authority. The appointing authority shall fill any
vacancy on the task force within forty-five (45) days.
(e) The chairman of the legislative council shall designate a
legislative member of the commission task force to serve as
chairperson of the commission. task force.
(f) The expenses of the task force shall be paid from appropriations
made to the legislative council or the legislative services agency.
(g) The task force shall do the following:
(1) Conduct studies necessary to prepare a final report that
includes at least the following:
(A) A summary of environmental crime statutes of other
states.
(B) A summary of requirements of federal environmental
programs delegated to states.
(C) A summary of federal criminal sentencing guidelines.
(D) Recommendations about which environmental law
violations should be a misdemeanor, a Class D felony, or a
felony of another class.
(E) If determined appropriate by the task force,
recommendations for legislation, including a set of specific
statutory standards for determining criminal violations.
The task force must consider in its studies the full range of issues
dealing with environmental law.
(2) Submit its final report before November 1, 2007, 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.
(h) The department of environmental management shall provide
staff support to the task force.
(i) The task force shall operate under the policies governing study
committees adopted by the legislative council.
(j) A quorum of the task force must be present to conduct business.
A quorum consists of a majority of the members of the task force. The
task force may not take an official action unless the official action has
been approved by at least a majority of the members of the task force.
(k) This SECTION expires January 1, 2008.
SECTION 8. P.L.70-2005, SECTION 8, IS AMENDED TO READ
AS FOLLOWS: SECTION 8. IC 35-45-5-2 and IC 35-45-5-3, both as
amended by this act, apply only to crimes committed after June 30,
SECTION 2. P.L.72-2005, SECTION 2, IS AMENDED TO READ
AS FOLLOWS: SECTION 2. (a) The department of insurance shall,
not later than December 31, 2007, assess and report to the legislative
council in an electronic format under IC 5-14-6 the:
(1) market availability of;
(2) competition for; and
(3) sales since June 30, 2005, of;
commercial uninsured motorist and underinsured motorist coverage in
Indiana on July 1, 2007.
(b) This SECTION expires January 1, 2008.
SECTION 176. P.L.73-2005, SECTION 176, IS AMENDED TO
READ AS FOLLOWS: SECTION 176. (a) After June 30, 2005, a
reference to "poor relief" in a statute, a rule, an interim guideline, a
contract, an application for benefits, an eligibility standard, a tax levy,
a fund, a bond issue or another form of indebtedness, or any other legal
document or order shall be treated as a reference to "township
assistance".
(b) The renaming of "poor relief" as "township assistance" in this act
does not affect:
(1) any rights or liabilities accrued;
(2) any penalties incurred;
(3) any violations committed;
(4) any proceedings begun;
(5) any contract;
(6) any application for or standard of benefits;
(7) any tax levy;
(8) any fund;
(9) any bond issue or other form of indebtedness; or
(10) any legal document or order.
&DNM.2005-73-177
SECTION 177. P.L.73-2005, SECTION 177, IS AMENDED TO
READ AS FOLLOWS: SECTION 177. (a) The township assistance
control board renamed by this act is a continuation of the township
poor relief control board.
(b) The rules adopted by the township poor relief control board shall
be treated, after June 30, 2005, as rules of the township assistance
control board.
(c) On July 1, 2005, all powers, duties, assets, and liabilities of the
township poor relief control board are transferred to the township
assistance control board.
(d) After June 30, 2005, a reference to the township poor relief
control board shall be treated as a reference to the township assistance
control board.
(e) A member of the township poor relief control board appointed
under IC 12-20-25-29 (before its amendment by this act) shall continue
to serve as a member of the township assistance control board
established by IC 12-20-25-29, as amended by this act, until the end of
the term for which the member was appointed.
SECTION 178. P.L.73-2005, SECTION 178, IS AMENDED TO
READ AS FOLLOWS: SECTION 178. (a) Notwithstanding the
amendment of IC 12-20-25-40 by this act, funds that are in the county
income tax poor relief control fund on June 30, 2005, are transferred to
the county income tax township assistance control fund established by
IC 12-20-25-40, as amended by this act.
(b) Notwithstanding the amendment of IC 12-20-25-51 by this act,
funds that are in the distressed township supplemental poor relief fund
on June 30, 2005, are transferred to the distressed township
supplemental township assistance fund established by IC 12-20-25-51,
as amended by this act.
SECTION 3. P.L.79-2005, SECTION 3, IS AMENDED TO READ
AS FOLLOWS: SECTION 3. IC 32-30-1-5, as amended by this act,
applies only to a cause of action accruing after June 30, 2005.
SECTION 13. P.L.83-2005, SECTION 13, IS AMENDED TO
READ AS FOLLOWS: SECTION 13. (a) As used in this SECTION,
"rural development agency" refers to any part of the department of
commerce that administers a rural development statute.
(b) As used in this SECTION, "rural development statute" refers to
any of the following:
(1) IC 4-4-9.
(2) IC 4-4-9.3.
(3) IC 4-4-9.5.
(c) As used in this SECTION, "office" refers to the office of rural
affairs established by IC 4-4-9.7-4, as added by this act.
(d) As used in this SECTION, "secretary" refers to the secretary of
agriculture and rural development designated by IC 4-4-2.3-1, as added
by this act.
(e) After June 30, 2005, the following apply:
(1) The powers and duties of a rural development agency are
transferred to the office.
(2) A reference to a rural development agency in a statute, a rule,
or another document is considered a reference to the office.
(3) All the property of a rural development agency is transferred
to the office.
(4) An appropriation to a rural development agency in effect after
June 30, 2005, is transferred to the office.
(5) A fund established by a rural development statute:
(A) is transferred to the office; and
(B) shall be administered by the office.
(6) Positions of a rural development agency are transferred to the
office.
(7) This subdivision applies to an individual employed by a rural
development agency on June 30, 2005:
(A) The individual is entitled to become an employee of the
office on July 1, 2005.
(B) The individual is entitled to have the individual's service
as an employee of the rural development agency before July 1,
2005, included for the purpose of computing all applicable
employment rights and benefits with the office.
(C) If the employee was covered on June 30, 2005, by a labor
agreement to which the state is a party, the office shall
continue to be subject to the terms and conditions of the
agreement as provided in the labor agreement.
(8) All leases and obligations entered into by a rural development
agency before July 1, 2005, that are legal and valid on July 1,
2005, are obligations of the office beginning July 1, 2005.
(f) This SECTION expires July 1, 2006.
SECTION 14. P.L.83-2005, SECTION 14, IS AMENDED TO
READ AS FOLLOWS: SECTION 14. (a) As used in this SECTION,
"agriculture agency" refers to any of the following:
(1) All functions of the department of commerce relating to
programs relating to the economic development of agriculture.
(2) Any part of the department of commerce that administers an
agricultural statute.
(3) The center for value added research established under IC
4-4-3.4.
(4) The Indiana commission for agriculture and rural development
established by IC 4-4-22-6, before its repeal by this act.
(5) The state fair board established by IC 15-1.5-4-1.
(6) The Indiana corn marketing council established by IC
15-4-10-12.
(7) The Indiana organic peer review panel established by IC
15-4-12-9.
(8) The Indiana dairy industry development board established by
IC 15-6-4-9.
(9) The Indiana land resources council established by IC
15-7-9-4.
(10) The Indiana grain buyers and warehouse licensing agency
established by IC 26-3-7-1.
(11) The Indiana grain indemnity corporation established by IC
26-4-3-1.
(b) As used in this SECTION, "agricultural statute" refers to any of
the following:
(1) IC 4-4-3.4.
(2) IC 15, except the following:
(A) Any statute administered by the state fair commission. For
purposes of this clause, IC 15-1.5-4 and IC 15-1.5-5 are not
considered to be administered by the state fair commission.
(B) IC 15-2.1.
(C) Any statute administered by the Indiana state board of
animal health or the state veterinarian.
(D) Any statute administered by the state chemist appointed
under IC 15-3-3-2.
(E) IC 15-6-1.
(F) Any statute administered by the dean of agriculture at
Purdue University.
(3) IC 26-3-7.
(4) IC 26-4.
(c) As used in this SECTION, "commission" refers to the Indiana
commission for agriculture and rural development established by IC
4-4-22-6, before its repeal by this act.
(d) As used in this SECTION, "department" refers to the department
of agriculture established by IC 15-9-2-1, as added by this act.
(e) As used in this SECTION, "director" refers to the director of the
department of agriculture appointed under IC 15-9-3-1, as added by
this act.
(f) After June 30, 2005, the following apply:
(1) The powers and duties of the assistant commissioner are
transferred to the director.
(2) A reference to the assistant commissioner in a statute, a rule,
or another document shall be treated as a reference to the director.
(3) The powers and duties of each agriculture or rural
development agency are transferred to the department.
(4) A reference to an agriculture agency in a statute, a rule, or
another document shall be treated as a reference to the
department.
(5) All the property of each agriculture agency is transferred to
the department.
(6) An appropriation to an agriculture agency in effect after June
30, 2005, is transferred to the department.
(7) A fund established by an agriculture statute:
(A) is transferred to the department; and
(B) shall be administered by the department.
(8) Positions of each agriculture agency are transferred to the
department.
(9) This subdivision applies to an individual employed by an
agriculture agency on June 30, 2005:
(A) The individual is entitled to become an employee of the
department on July 1, 2005.
(B) The individual is entitled to have the individual's service
as an employee of the agriculture agency before July 1, 2005,
included for the purpose of computing all applicable
employment rights and benefits with the department.
(C) If the employee was covered on June 30, 2005, by a labor
agreement to which the state is a party, the department shall
continue to be subject to the terms and conditions of the
agreement as provided in the labor agreement.
(10) All leases and obligations entered into by an agriculture
agency before July 1, 2005, that are legal and valid on July 1,
2005, are obligations of the department beginning July 1, 2005.
(g) This SECTION expires July 1, 2006.
SECTION 15. P.L.83-2005, SECTION 15, IS AMENDED TO
READ AS FOLLOWS: SECTION 15. (a) As used in this SECTION,
"department" refers to the department of agriculture established by IC
15-9-2-1, as added by this act.
(b) As used in this SECTION, "director" refers to the director of the
department appointed under IC 15-9-3-1, as added by this act.
(c) As used in this SECTION, "division" refers to the division of soil
conservation established by IC 15-9-4-1, as added by this act.
(d) As used in this SECTION, "land and water conservation agency"
refers to any of the following:
(1) The soil and water conservation functions of the department
of natural resources.
(2) The soil conservation board.
(3) All functions of the department of natural resources or the
department of environmental management relating to the clean
water Indiana program.
(e) As used in this SECTION, "land and water conservation statute"
refers to IC 14-32 or IC 6-6-11.
(f) After June 30, 2005, the following apply:
(1) The powers and duties of a land and water conservation
agency are transferred to the division.
(2) A reference to a land and water conservation agency in a
statute, rule, or other document is considered a reference to the
division.
(3) All the property of a land and water conservation agency is
transferred to the division.
(4) An appropriation to a land and water conservation agency in
effect after June 30, 2005, is transferred to the division.
(5) A fund established by a land and water conservation statute:
(A) is transferred to the division; and
(B) shall be administered by the division.
(6) Positions of a land and water conservation agency are
transferred to the division.
(7) This subdivision applies to an individual employed by a land
and water conservation agency on June 30, 2005:
(A) The individual is entitled to become an employee of the
division on July 1, 2005.
(B) The individual is entitled to have the individual's service
as an employee of the land and water conservation agency
(C) If the employee was covered on June 30, 2005, by a labor
agreement to which the state is a party, the division shall
continue to be subject to the terms and conditions of the
agreement as provided in the labor agreement.
(8) All leases and obligations entered into by a land and water
conservation agency before July 1, 2005, that are legal and valid
on July 1, 2005, are obligations of the division beginning July 1,
2005.
(g) This SECTION expires July 1, 2006.
SECTION 16. P.L.83-2005, SECTION 16, IS AMENDED TO
READ AS FOLLOWS: SECTION 16. (a) As used in this SECTION,
"department" refers to the department of agriculture established by IC
15-9-2-1, as added by this act.
(b) The legislative services agency shall prepare legislation for
introduction in the 2006 regular session of the general assembly to
organize and correct statutes affected by the establishment of the
department by this act.
(c) This SECTION expires July 1, 2006.
SECTION 41. P.L.87-2005, SECTION 41, IS AMENDED TO
READ AS FOLLOWS: SECTION 41. (a) Notwithstanding IC
16-41-27, as amended by this act, and IC 25-23.7-8, as added by this
act, the state department of health shall carry out the duties imposed
upon it under IC 16-41-27, as amended by this act, under written
interim guidelines approved by the commissioner of the state
department of health.
(b) This SECTION expires on the earlier of the following:
(1) The date on which the state department of health adopts rules
under IC 4-22-2 and IC 16-41-27-8 to carry out IC 16-41-27, as
amended by this act.
(2) June 30, 2005.
&DNM.2005-88-18
SECTION 18. P.L.88-2005, SECTION 18, IS AMENDED TO
READ AS FOLLOWS: SECTION 18. IC 6-1.1-35-1.1, as amended by
this act, applies only to a:
(1) county assessor;
(2) township assessor elected under IC 36-6-5-1; or
(3) township executive who performs the duties of assessor under
IC 36-6-5-2;
elected to a new term of office that begins after June 30, 2005.
SECTION 19. P.L.88-2005, SECTION 19, IS AMENDED TO