Information Maintained by the Office of Code Revision Indiana Legislative Services Agency
 05/13/2008 02:55:10 PM EDT
&DNM.2005-2-132
    SECTION 132. P.L.2-2005, SECTION 132, IS AMENDED TO READ AS FOLLOWS: SECTION 132. (a) As used in this SECTION, "department" refers to the Indiana department of administration established by IC 4-13-1-2.
    (b) As used in this SECTION, "preference" refers to an Indiana business preference claimed by a contractor or a business under a preference statute.
    (c) As used in this SECTION, "preference statute" refers to either of the following:
        (1) IC 4-13.6-6-2.7, as added by this act.
        (2) IC 5-22-15-20.5, as added by this act.
    (d) The department shall compile and organize a report relating to every contractor or business that claims a preference. The report must include the following information:
        (1) A summary of the information that contractors and businesses that claim a preference are required to report under the preference statute.
        (2) A summary of the number of contracts awarded to Indiana contractors or businesses under a preference statute. The summary must be broken down by each of the criteria in the preference statute for determining whether a business is an Indiana business.
        (3) A statement of issues or questions raised, if any, in the implementation of the preference statutes.
        (4) A statement of recommendations, if any, that the department has for changes to the preference statutes.
        (5) Any other information the department considers useful in the evaluation of the preference statutes.
    (e) The report described by subsection (d) must:
        (1) provide the statistical information broken down by fiscal year with the fiscal year ending:
            (A) June 30, 2005, being the first year of the report; and
            (B) June 30, 2008, being the last year of the report; and
        (2) be submitted to the legislative council not later than September 1, 2008, in an electronic format under IC 5-14-6.
    (f) This SECTION expires July 1, 2009.

&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;
        (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.

&DNM.2005-2-134
    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.

&DNM.2005-3-2
    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.

&DNM.2005-4-149
    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.

&DNM.2005-4-150
    SECTION 150. P.L.4-2005, SECTION 150, IS AMENDED TO

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:
        (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.

&DNM.2005-4-151
    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.

&DNM.2005-4-152
    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

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.
    (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.

&DNM.2005-4-153
    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.

&DNM.2005-4-154
    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.

&DNM.2005-7-2
    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.

&DNM.2005-9-1
    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

Abraham Lincoln bicentennial commission established by subsection (c).
    (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,

H.R. 1451).
        (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

of the house of representatives.
            (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.

&DNM.2005-10-5
    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.

&DNM.2005-12-7
    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

act, shall make the appointments required by IC 13-13-7-3 before July 1, 2005.
    (c) This SECTION expires December 31, 2005.

&DNM.2005-17-2
    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.

&DNM.2005-20-1
    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.
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.

&DNM.2005-22-58
    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.

&DNM.2005-22-59
    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

to the department.
        (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.

&DNM.2005-22-60
    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

obligations of the department beginning April 15, 2005.
    (d) This SECTION expires July 1, 2008.

&DNM.2005-22-61
    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

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.
    (e) This SECTION expires July 1, 2008.

&DNM.2005-22-62
    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.

&DNM.2005-22-63
    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

by IC 10-19-7-1, as added by this act.
    (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.

&DNM.2005-22-64
    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.

&DNM.2005-22-65
    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.

&DNM.2005-22-66
    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.

&DNM.2005-28-3
    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.

&DNM.2005-28-4
    SECTION 4. P.L.28-2005, SECTION 4, IS AMENDED TO READ

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:
        (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.

&DNM.2005-35-4
    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.

&DNM.2005-37-5
    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.

&DNM.2005-37-6
    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.

&DNM.2005-47-2

    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.

&DNM.2005-50-3
    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.

&DNM.2005-53-4
    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.

&DNM.2005-54-6
    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.

&DNM.2005-60-3
    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.

&DNM.2005-61-1
    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

sentencing laws and policies is desirable in order to:
        (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

the department of correction and local facilities with respect to both fiscal impact and inmate population.
        (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.

&DNM.2005-62-10
    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.

&DNM.2005-63-1
    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.

&DNM.2005-70-8
    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,

2005.

&DNM.2005-72-2
    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.

&DNM.2005-73-176
    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.

&DNM.2005-73-178
    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.

&DNM.2005-79-3
    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.

&DNM.2005-83-13
    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.

&DNM.2005-83-14
    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.

&DNM.2005-83-15
    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

before July 1, 2005, included for the purpose of computing all applicable employment rights and benefits with the division.
            (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.

&DNM.2005-83-16
    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.

&DNM.2005-87-41
    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.

&DNM.2005-88-19
    SECTION 19. P.L.88-2005, SECTION 19, IS AMENDED TO

READ AS FOLLOWS: SECTION 19. (a) As used in this SECTION, "county office" has the meaning set forth in IC 36-1-8-15, as added by this act.
    (b) The general assembly finds the following:
        (1) That due to events that occurred at different times in Indiana's history, the beginning of the terms of certain elected county offices vary from a uniform date due to changes in the dates of general elections, vacancies in offices, and other events described by the Indiana supreme court in the following cases:
            (A) Howard v. State, 10 Ind. 74 (Ind. 1857).
            (B) Greible v. State, 12 N.E. 700 (Ind. 1887).
            (C) State v. Menaugh, 51 N.E. 117 (Ind. 1898).
            (D) Scott v. State, 52 N.E. 163 (Ind. 1898).
        (2) That on many occasions at the beginning of the twentieth century, the general assembly attempted to standardize the beginning of the terms of county offices.
        (3) That the voters of Indiana approved an amendment to Article 6, Section 2 of the Constitution of the State of Indiana at the November 2004 general election authorizing the general assembly to "provide by law for uniform dates for beginning the terms" of county offices.
        (4) That the variation in the beginning dates of the terms of county offices is not a general condition but affects only a known and fixed set of county offices.
        (5) That a statement of a rule applicable to each county office whose term varies from a uniform date would be clearer in application than a general statement of a rule to make the beginning of the terms of those county offices uniform.
    (c) The general assembly enacts SECTIONS 20 through 93 of this act to:
        (1) provide a rule applicable to each county office whose term of office deviates from a uniform date as of June 30, 2005; and
        (2) implement Article 6, Section 2(b) of the Constitution of the State of Indiana to provide for a uniform date for beginning the terms of county offices described in Article 6, Section 2(a) of the Constitution of the State of Indiana.
    (d) This SECTION expires January 1, 2018.

&DNM.2005-88-20
    SECTION 20. P.L.88-2005, SECTION 20, IS AMENDED TO READ AS FOLLOWS: SECTION 20. (a) As used in this SECTION, "clerk" refers to the clerk of the circuit court of Adams County.
    (b) Notwithstanding any other law concerning terms of office, the following apply:
        (1) The individual elected to the office of clerk at the November 2002 general election is entitled to serve in the office until January 1, 2008.
        (2) The individual elected to the office of clerk at the November 2006 general election is entitled to:

            (A) take office on January 1, 2008, if the individual qualifies; and
            (B) serve in the office until January 1, 2011.
        (3) The individual elected to the office of clerk at the November 2010 general election is entitled to:
            (A) take office on January 1, 2011, if the individual qualifies; and
            (B) serve in the office until January 1, 2015.
    (c) This SECTION expires January 1, 2016.

&DNM.2005-88-21
    SECTION 21. P.L.88-2005, SECTION 21, IS AMENDED TO READ AS FOLLOWS: SECTION 21. (a) As used in this SECTION, "treasurer" refers to the treasurer of Adams County.
    (b) Notwithstanding any other law concerning terms of office, the following apply:
        (1) The individual elected to the office of treasurer at the November 2004 general election is entitled to serve in the office until January 1, 2010.
        (2) The individual elected to the office of treasurer at the November 2008 general election is entitled to:
            (A) take office on January 1, 2010, if the individual qualifies; and
            (B) serve in the office until January 1, 2013.
        (3) The individual elected to the office of treasurer at the November 2012 general election is entitled to:
            (A) take office on January 1, 2013, if the individual qualifies; and
            (B) serve in the office until January 1, 2017.
    (c) This SECTION expires January 1, 2018.

&DNM.2005-88-22
    SECTION 22. P.L.88-2005, SECTION 22, IS AMENDED TO READ AS FOLLOWS: SECTION 22. (a) As used in this SECTION, "clerk" refers to the clerk of the circuit court of Bartholomew County.
    (b) Notwithstanding any other law concerning terms of office, the following apply:
        (1) The individual elected to the office of clerk at the November 2002 general election is entitled to serve in the office until January 1, 2008.
        (2) The individual elected to the office of clerk at the November 2006 general election is entitled to:
            (A) take office on January 1, 2008, if the individual qualifies; and
            (B) serve in the office until January 1, 2011.
        (3) The individual elected to the office of clerk at the November 2010 general election is entitled to:
            (A) take office on January 1, 2011, if the individual qualifies; and

            (B) serve in the office until January 1, 2015.
    (c) This SECTION expires January 1, 2016.

&DNM.2005-88-23
    SECTION 23. P.L.88-2005, SECTION 23, IS AMENDED TO READ AS FOLLOWS: SECTION 23. (a) As used in this SECTION, "clerk" refers to the clerk of the circuit court of Blackford County.
    (b) Notwithstanding any other law concerning terms of office, the following apply:
        (1) The individual elected to the office of clerk at the November 2004 general election is entitled to serve in the office until January 1, 2010.
        (2) The individual elected to the office of clerk at the November 2008 general election is entitled to:
            (A) take office January 1, 2010, if the individual qualifies; and
            (B) serve in the office until January 1, 2013.
        (3) The individual elected to the office of clerk at the November 2012 general election is entitled to:
            (A) take office January 1, 2013, if the individual qualifies; and
            (B) serve in the office until January 1, 2017.
    (c) This SECTION expires January 1, 2018.

&DNM.2005-88-24
    SECTION 24. P.L.88-2005, SECTION 24, IS AMENDED TO READ AS FOLLOWS: SECTION 24. (a) As used in this SECTION, "recorder" refers to the recorder of Blackford County.
    (b) Notwithstanding any other law concerning terms of office, the following apply:
        (1) The individual elected to the office of recorder at the November 2004 general election is entitled to serve in the office until January 1, 2010.
        (2) The individual elected to the office of recorder at the November 2008 general election is entitled to:
            (A) take office January 1, 2010, if the individual qualifies; and
            (B) serve in the office until January 1, 2013.
        (3) The individual elected to the office of recorder at the November 2012 general election is entitled to:
            (A) take office January 1, 2013, if the individual qualifies; and
            (B) serve in the office until January 1, 2017.
    (c) This SECTION expires January 1, 2018.

&DNM.2005-88-25
    SECTION 25. P.L.88-2005, SECTION 25, IS AMENDED TO READ AS FOLLOWS: SECTION 25. (a) As used in this SECTION, "clerk" refers to the clerk of the circuit court of Brown County.
    (b) Notwithstanding any other law concerning terms of office, the following apply:
        (1) The individual elected to the office of clerk at the November 2002 general election is entitled to serve in the office until

January 1, 2008.
        (2) The individual elected to the office of clerk at the November 2006 general election is entitled to:
            (A) take office January 1, 2008, if the individual qualifies; and
            (B) serve in the office until January 1, 2011.
        (3) The individual elected to the office of clerk at the November 2010 general election is entitled to:
            (A) take office January 1, 2011, if the individual qualifies; and
            (B) serve in the office until January 1, 2015.
    (c) This SECTION expires January 1, 2016.

&DNM.2005-88-26
    SECTION 26. P.L.88-2005, SECTION 26, IS AMENDED TO READ AS FOLLOWS: SECTION 26. (a) As used in this SECTION, "recorder" refers to the recorder of Cass County.
    (b) Notwithstanding any other law concerning terms of office, the following apply:
        (1) The individual elected to the office of recorder at the November 2002 general election is entitled to serve in the office until January 1, 2008.
        (2) The individual elected to the office of recorder at the November 2006 general election is entitled to:
            (A) take office January 1, 2008, if the individual qualifies; and
            (B) serve in the office until January 1, 2011.
        (3) The individual elected to the office of recorder at the November 2010 general election is entitled to:
            (A) take office January 1, 2011, if the individual qualifies; and
            (B) serve in the office until January 1, 2015.
    (c) This SECTION expires January 1, 2016.

&DNM.2005-88-27
    SECTION 27. P.L.88-2005, SECTION 27, IS AMENDED TO READ AS FOLLOWS: SECTION 27. (a) As used in this SECTION, "auditor" refers to the auditor of Clark County.
    (b) Notwithstanding any other law concerning terms of office, the following apply:
        (1) The individual elected to the office of auditor at the November 2002 general election is entitled to serve in the office until January 1, 2008.
        (2) The individual elected to the office of auditor at the November 2006 general election is entitled to:
            (A) take office January 1, 2008, if the individual qualifies; and
            (B) serve in the office until January 1, 2011.
        (3) The individual elected to the office of auditor at the November 2010 general election is entitled to:
            (A) take office January 1, 2011, if the individual qualifies; and
            (B) serve in the office until January 1, 2015.
    (c) This SECTION expires January 1, 2016.

&DNM.2005-88-28
    SECTION 28. P.L.88-2005, SECTION 28, IS AMENDED TO READ AS FOLLOWS: SECTION 28. (a) As used in this SECTION, "clerk" refers to the clerk of the circuit court of Clark County.
    (b) Notwithstanding any other law concerning terms of office, the following apply:
        (1) The individual elected to the office of clerk at the November 2002 general election is entitled to serve in the office until January 1, 2008.
        (2) The individual elected to the office of clerk at the November 2006 general election is entitled to:
            (A) take office January 1, 2008, if the individual qualifies; and
            (B) serve in the office until January 1, 2011.
        (3) The individual elected to the office of clerk at the November 2010 general election is entitled to:
            (A) take office January 1, 2011, if the individual qualifies; and
            (B) serve in the office until January 1, 2015.
    (c) This SECTION expires January 1, 2016.

&DNM.2005-88-29
    SECTION 29. P.L.88-2005, SECTION 29, IS AMENDED TO READ AS FOLLOWS: SECTION 29. (a) As used in this SECTION, "treasurer" refers to the treasurer of Clay County.
    (b) Notwithstanding any other law concerning terms of office, the following apply:
        (1) The individual elected to the office of treasurer at the November 2002 general election is entitled to serve in the office until January 1, 2008.
        (2) The individual elected to the office of treasurer at the November 2006 general election is entitled to:
            (A) take office January 1, 2008, if the individual qualifies; and
            (B) serve in the office until January 1, 2011.
        (3) The individual elected to the office of treasurer at the November 2010 general election is entitled to:
            (A) take office January 1, 2011, if the individual qualifies; and
            (B) serve in the office until January 1, 2015.
    (c) This SECTION expires January 1, 2016.

&DNM.2005-88-30
    SECTION 30. P.L.88-2005, SECTION 30, IS AMENDED TO READ AS FOLLOWS: SECTION 30. (a) As used in this SECTION, "clerk" refers to the clerk of the circuit court of Clinton County.
    (b) Notwithstanding any other law concerning terms of office, the following apply:
        (1) The individual elected to the office of clerk at the November 2002 general election is entitled to serve in the office until January 1, 2008.
        (2) The individual elected to the office of clerk at the November 2006 general election is entitled to:

            (A) take office January 1, 2008, if the individual qualifies; and
            (B) serve in the office until January 1, 2011.
        (3) The individual elected to the office of clerk at the November 2010 general election is entitled to:
            (A) take office January 1, 2011, if the individual qualifies; and
            (B) serve in the office until January 1, 2015.
    (c) This SECTION expires January 1, 2016.

&DNM.2005-88-31
    SECTION 31. P.L.88-2005, SECTION 31, IS AMENDED TO READ AS FOLLOWS: SECTION 31. (a) As used in this SECTION, "recorder" refers to the recorder of Clinton County.
    (b) Notwithstanding any other law concerning terms of office, the following apply:
        (1) The individual elected to the office of recorder at the November 2004 general election is entitled to serve in the office until January 1, 2010.
        (2) The individual elected to the office of recorder at the November 2008 general election is entitled to:
            (A) take office January 1, 2010, if the individual qualifies; and
            (B) serve in the office until January 1, 2013.
        (3) The individual elected to the office of recorder at the November 2012 general election is entitled to:
            (A) take office January 1, 2013, if the individual qualifies; and
            (B) serve in the office until January 1, 2017.
    (c) This SECTION expires January 1, 2018.

&DNM.2005-88-32
    SECTION 32. P.L.88-2005, SECTION 32, IS AMENDED TO READ AS FOLLOWS: SECTION 32. (a) As used in this SECTION, "clerk" refers to the clerk of the circuit court of Daviess County.
    (b) Notwithstanding any other law concerning terms of office, the following apply:
        (1) The individual elected to the office of clerk at the November 2002 general election is entitled to serve in the office until March 13, 2008.
        (2) The individual elected to the office of clerk at the November 2006 general election is entitled to:
            (A) take office March 13, 2008, if the individual qualifies; and
            (B) serve in the office until January 1, 2011.
        (3) The individual elected to the office of clerk at the November 2010 general election is entitled to:
            (A) take office January 1, 2011, if the individual qualifies; and
            (B) serve in the office until January 1, 2015.
    (c) This SECTION expires January 1, 2016.

&DNM.2005-88-33
    SECTION 33. P.L.88-2005, SECTION 33, IS AMENDED TO READ AS FOLLOWS: SECTION 33. (a) As