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&DNM.2006-1-590
SECTION 2. P.L.1-2006, SECTION 590, IS AMENDED TO READ
AS FOLLOWS: SECTION 590. (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.
staff support to the task force.
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date of this act.
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commission established by IC 2-5-12 shall study retirement and other
employee benefits for hazardous duty workers and make
recommendations, including any recommended legislation, concerning
those benefits. The department of correction and the public employees'
retirement fund shall provide assistance as requested by the
commission.
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&DNM.2006-15-6
of environmental management shall prescribe the form required under
IC 13-25-3-7.5, as added by this act.
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determines not to approve payments under this SECTION using the
methodology described in subsections (e) and (f), the office shall revise
the state plan amendment and waiver request submitted under
subsection (l) as soon as possible to demonstrate compliance with 42
CFR 433.68(e)(2)(ii) and to provide for collection of a quality
assessment from health facilities effective August 1, 2003. In amending
the state plan amendment and waiver request under this subsection, the
office may modify the parameters described in subsection (f)(3).
However, if the office determines a need to modify the parameters
described in subsection (f)(3), the office shall modify the parameters
in order to achieve a methodology and result as similar as possible to
the methodology and result described in subsection (f). Any revision of
the state plan amendment and waiver request under this subsection is
subject to and must comply with the provisions of this SECTION.
department of state revenue shall implement this SECTION effective
July 1, 2003.
nursing facility or a health facility; and
5-14-6.
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must be based on a calendar year.
(h) The information required under subsection (f) for calendar year
1998 must be submitted to the division not later than June 30, 1999.
Subsequent information must be submitted to the division not later
than:
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&DNM.2006-27-63
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collection period monitored by the commission during the four year
period specified under subsection (c).
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contributions are received and reconciled in accordance with the
member's most recent effective direction.
&DNM.2006-29-5
&DNM.2006-32-4
&DNM.2006-33-4
AS FOLLOWS: SECTION 4. IC 33-39-7-15, IC 33-39-7-16, and IC
33-39-7-19, all as amended by this act, apply to a participant in the
prosecuting attorneys retirement fund who:
&DNM.2006-35-1
appointed by the governor.
&DNM.2006-45-3
as added by this act.
&DNM.2006-47-63
&DNM.2006-47-65
&DNM.2006-51-6
&DNM.2006-52-3
&DNM.2006-54-5
&DNM.2006-54-6
&DNM.2006-58-9
&DNM.2006-58-11
&DNM.2006-58-12
&DNM.2006-61-8
&DNM.2006-61-9
AS FOLLOWS: SECTION 9. IC 29-1-8-1 and IC 29-1-8-4.5, both as
amended by this act, apply to the estate of an individual who dies after
June 30, 2006.
&DNM.2006-66-31
&DNM.2006-66-32
&DNM.2006-67-18
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only to property taxes first due and payable after December 31, 2005.
&DNM.2006-67-21
&DNM.2006-67-22
&DNM.2006-69-3
&DNM.2006-70-2
&DNM.2006-72-10
&DNM.2006-75-4
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&DNM.2006-80-18
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of the court.
&DNM.2006-86-1
&DNM.2006-89-17
AS FOLLOWS: SECTION 1. (a) As used in this SECTION, "office"
refers to the office of the secretary of family and social services.
&DNM.2006-91-16
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&DNM.2006-99-1
&DNM.2006-99-2
AS FOLLOWS: SECTION 2. (a) The commitment given by a public
secondary school and published in a student handbook before January
1, 2005, concerning academic honors awards to graduating students
who will:
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or a term described in subdivision (2).
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established by IC 4-23-25-11, as added by this act.
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&DNM.2006-129-3
&DNM.2006-132-5
&DNM.2006-135-22
&DNM.2006-137-15
&DNM.2006-137-16
&DNM.2006-137-17
&DNM.2006-137-18
&DNM.2006-138-15
&DNM.2006-138-16
&DNM.2006-139-7
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&DNM.2006-139-11
(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 task force to serve as chairperson of the 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
(i) The task force shall operate under the policies governing study
committees adopted by the legislative council.
(j) A quorum of the task force must be present to conduct business.
A quorum consists of a majority of the members of the task force. The
task force may not take an official action unless the official action has
been approved by at least a majority of the members of the task force.
(k) This SECTION expires January 1, 2008.
SECTION 3. P.L.1-2006, SECTION 591, IS AMENDED TO READ
AS FOLLOWS: SECTION 591. (a) After June 30, 2005, a reference
in any law, rule, contract, or other document or record to:
(1) the division of information technology of the Indiana
department of administration;
(2) the technology oversight commission; or
(3) the enhanced data access review committee;
shall be treated as a reference to the office of technology established by
IC 4-13.1-2-1, as added by this act.
(b) On July 1, 2005, the property and obligations of:
(1) the division of information technology of the Indiana
department of administration;
(2) the technology oversight commission; or
(3) the enhanced data access review committee;
are transferred to the office of technology established by IC 4-13.1-2-1,
as added by this act.
(c) An action taken by:
(1) the division of information technology of the Indiana
department of administration;
(2) the technology oversight commission; or
(3) the enhanced data access review committee;
before July 1, 2005, shall be treated after June 30, 2005, as if the action
had been taken originally by the office of technology established by IC
4-13.1-2-1, as added by this act.
(d) The funds that are in:
(1) the telephone rotary fund;
(2) the data processing rotary fund; and
(3) the enhanced data access review committee;
shall be transferred to a rotary fund established by the office of
technology established by IC 4-13.1-2-1, as added by this act, when the
rotary fund is established by the office of technology.
(e) On July 1, 2005, individuals who were employees of:
(1) the division of information technology of the Indiana
department of administration;
(2) the technology oversight commission; or
(3) the enhanced data access review committee;
on June 30, 2005, become employees of the office of technology
established by IC 4-13.1-2-1, as added by this act.
(f) This SECTION expires July 1, 2006.
SECTION 4. P.L.1-2006, SECTION 592, IS AMENDED TO READ
AS FOLLOWS: SECTION 592. (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 granted an exemption under IC 6-1.1-10 from
property taxes first due and payable in 2001;
(2) that were owned by a sorority and used by the sorority to carry
out its purposes during the period relevant to the determination of
exemption from property taxes under IC 6-1.1-10-16 or IC
6-1.1-10-24 for the assessment dates in 2002 and 2003;
(3) for which a property tax liability was imposed for property
taxes first due and payable in 2003 and 2004 that in total
exceeded sixty thousand dollars ($60,000); and
(4) that would have qualified for an exemption under IC
6-1.1-10-16 or IC 6-1.1-10-24 from property taxes first due and
payable in 2003 and 2004 if the owner had complied with the
filing requirements for the exemption in a timely manner.
(c) The land and improvements described in subsection (b) are
exempt from property taxes first due and payable in 2003 and 2004,
notwithstanding that the taxpayer failed to make a timely application
for the exemption for those years.
(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 2003 and 2004. 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:
(1) whether the claimant meets the qualifications described in
subsection (b); and
(2) 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, 2008.
SECTION 5. P.L.3-2006, SECTION 3, IS AMENDED TO READ
AS FOLLOWS: SECTION 3. IC 35-45-1-3 and IC 35-45-2-1, both as
amended by this act, apply only to crimes committed after the effective
SECTION 6. P.L.5-2006, SECTION 2, IS AMENDED TO READ
AS FOLLOWS: SECTION 2. (a) As used in this SECTION, "bureau"
refers to the (b) As used in this SECTION, "commercial driver
training school" has the meaning set forth in IC 9-27-4-2.
(c) The bureau shall adopt rules under IC 4-22-2 to allow a licensed
commercial driver training school to provide classroom training in a
county other than the county in which the commercial driver training
school is located to the students of:
(1) a school corporation (as defined in IC 36-1-2-17);
(2) a nonpublic secondary school that voluntarily becomes
accredited under IC 20-19-2-8;
(3) a nonpublic secondary school recognized under IC
20-19-2-10;
(4) a state educational institution (as defined in IC 20-12-0.5-1);
or
(5) a nonaccredited nonpublic school.
However, the rules must provide that a licensed school may provide
classroom training in an entity listed in subdivisions (1) through (3)
only if the governing body of the entity approves the delivery of the
training to its students.
(d) Notwithstanding subsection (c), the bureau shall allow a licensed
commercial driver training school to provide classroom training in a
county other than the county in which the commercial driver training
school is located as provided in:
(1) IC 9-27-4-4(c), as amended by this act; and
(2) subsection (b) of this SECTION;
under interim written guidelines approved by the commissioner of the
bureau.
(e) The interim written guidelines approved and used under
subsection (b) of this SECTION expire on the earlier of the following:
(1) The date rules are adopted under IC 9-27-4-4(b).
(2) December 31, 2008.
&DNM.2006-6-10
SECTION 7. P.L.6-2006, SECTION 10, IS AMENDED TO READ
AS FOLLOWS: SECTION 10. IC 35-42-4-10 and IC 35-42-4-11, both
as added by this act, apply only to crimes committed after June 30,
2006.
SECTION 8. P.L.8-2006, SECTION 4, IS AMENDED TO READ
AS FOLLOWS: SECTION 4. (a) As used in this SECTION, "a
hazardous duty worker" means an employee of the department of
correction who:
(1) works within a prison or juvenile facility; or
(2) performs parole or emergency response operations and
functions.
(b) Before November 1, 2006, the pension management oversight
(c) The commission shall operate under the policies governing study
committees adopted by the legislative council.
(d) This SECTION expires December 31, 2006.
SECTION 9. P.L.12-2006, SECTION 3, IS AMENDED TO READ
AS FOLLOWS: SECTION 3. (a) For purposes of this SECTION,
"commission" refers to the commission on mental health established by
IC 12-21-6.5-2, as added by this act.
(b) The initial members of the board shall serve for the following
terms:
(1) One (1) member appointed under IC 12-21-6.5-3(2)(A), as
added by this act, for one (1) year.
(2) One (1) member appointed under IC 12-21-6.5-3(2)(A), as
added by this act, for two (2) years.
(3) One (1) member appointed under IC 12-21-6.5-3(2)(A), as
added by this act, for three (3) years.
(4) One (1) member appointed under IC 12-21-6.5-3(2)(A), as
added by this act, for four (4) years.
(5) One (1) member appointed under IC 12-21-6.5-3(2)(B), as
added by this act, for one (1) year.
(6) One (1) member appointed under IC 12-21-6.5-3(2)(B), as
added by this act, for three (3) years.
(7) One (1) member appointed under IC 12-21-6.5-3(2)(C), as
added by this act, for two (2) years.
(8) One (1) member appointed under IC 12-21-6.5-3(2)(C), as
added by this act, for four (4) years.
(9) One (1) member appointed under IC 12-21-6.5-3(2)(D), as
added by this act, for one (1) year.
(10) One (1) member appointed under IC 12-21-6.5-3(2)(D), as
added by this act, for three (3) years.
(11) One (1) member appointed under IC 12-21-6.5-3(2)(E), as
added by this act, who is a representative of a for-profit
psychiatric provider, for two (2) years.
(12) One (1) member appointed under IC 12-21-6.5-3(2)(E), as
added by this act, who is a physician licensed under IC 25-22.5,
for three (3) years.
(13) One (1) member appointed under IC 12-21-6.5-3(2)(E), as
added by this act, who is not described in subdivision (11) or (12),
for four (4) years.
(c) This SECTION expires December 31, 2011.
SECTION 10. P.L.15-2006, SECTION 6, IS AMENDED TO READ
AS FOLLOWS: SECTION 6. (a) Before July 1, 2006, the department
(b) This SECTION expires July 1, 2006.
SECTION 11. P.L.18-2006, SECTION 1, IS AMENDED TO READ
AS FOLLOWS: SECTION 1. (a) As used in this SECTION, "health
facility" refers to a health facility that is licensed under IC 16-28 as a
comprehensive care facility.
(b) As used in this SECTION, "nursing facility" means a health
facility that is certified for participation in the federal Medicaid
program under Title XIX of the federal Social Security Act (42 U.S.C.
1396 et seq.).
(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, "total annual revenue" does not
include revenue from Medicare services provided under Title XVIII of
the federal Social Security Act (42 U.S.C. 1395 et seq.).
(e) Effective August 1, 2003, the office shall collect a quality
assessment from each nursing facility that has:
(1) a Medicaid utilization rate of at least twenty-five percent
(25%); and
(2) at least seven hundred thousand dollars ($700,000) in annual
Medicaid revenue, adjusted annually by the average annual
percentage increase in Medicaid rates.
(f) If the United States Centers for Medicare and Medicaid Services
determines not to approve payments under this SECTION using the
methodology described in subsection (e), the office shall revise the
state plan amendment and waiver request submitted under subsection
(l) as soon as possible to demonstrate compliance with 42 CFR
433.68(e)(2)(ii). The revised state plan amendment and waiver request
must provide for the following:
(1) Effective August 1, 2003, collection of a quality assessment
by the office from each nursing facility.
(2) Effective August 1, 2003, collection of a quality assessment
by the department of state revenue from each health facility that
is not a nursing facility.
(3) An exemption from collection of a quality assessment from
the following:
(A) A continuing care retirement community.
(B) A health facility that only receives revenue from Medicare
services provided under 42 U.S.C. 1395 et seq.
(C) A health facility that has less than seven hundred fifty
thousand dollars ($750,000) in total annual revenue, adjusted
annually by the average annual percentage increase in
Medicaid rates.
(D) The Indiana Veterans' Home.
Any revision to the state plan amendment or waiver request under this
subsection is subject to and must comply with the provisions of this
SECTION.
(g) If the United States Centers for Medicare and Medicaid Services
(h) The money collected from the quality assessment may be used
only to pay the state's share of the costs for Medicaid services provided
under Title XIX of the federal Social Security Act (42 U.S.C. 1396 et
seq.) as follows:
(1) Twenty percent (20%) as determined by the office.
(2) Eighty percent (80%) to nursing facilities.
(i) After:
(1) the amendment to the state plan and waiver request submitted
under this SECTION is approved by the United States Centers for
Medicare and Medicaid Services; and
(2) the office calculates and begins paying enhanced
reimbursement rates set forth in this SECTION;
the office and the department of state revenue shall begin the collection
of the quality assessment set under this SECTION. The office and the
department of state revenue shall establish a method to allow a facility
to enter into an agreement to pay the quality assessment collected
under this SECTION subject to an installment plan.
(j) If federal financial participation becomes unavailable to match
money collected from the quality assessments for the purpose of
enhancing reimbursement to nursing facilities for Medicaid services
provided under Title XIX of the federal Social Security Act (42 U.S.C.
1396 et seq.), the office and department of state revenue shall cease
collection of the quality assessment under this SECTION.
(k) To implement this SECTION, the:
(1) office shall adopt rules under IC 4-22-2; and
(2) office and department of state revenue shall adopt joint rules
under IC 4-22-2.
(l) Not later than July 1, 2003, the office shall do the following:
(1) Request the United States Department of Health and Human
Services under 42 CFR 433.72 to approve waivers of 42 CFR
433.68(c) and 42 CFR 433.68(d) by demonstrating compliance
with 42 CFR 433.68(e)(2)(ii).
(2) Submit any state Medicaid plan amendments to the United
States Department of Health and Human Services that are
necessary to implement this SECTION.
(m) After approval of the waivers and state Medicaid plan
amendment applied for under subsection (l), the office and the
(n) The select joint commission on Medicaid oversight, established
by IC 2-5-26-3, shall review the implementation of this SECTION. The
office may not make any change to the reimbursement for nursing
facilities unless the select joint commission on Medicaid oversight
recommends the reimbursement change.
(o) A nursing facility or a health facility may not charge the facility's
residents for the amount of the quality assessment that the facility pays
under this SECTION.
(p) The office may withdraw a state plan amendment under
subsection (e), (f), or (g) only if the office determines that failure to
withdraw the state plan amendment will result in the expenditure of
state funds not funded by the quality assessment.
(q) If a health facility fails to pay the quality assessment under this
SECTION not later than ten (10) days after the date the payment is due,
the health facility shall pay interest on the quality assessment at the
same rate as determined under IC 12-15-21-3(6)(A).
(r) The following shall be provided to the state department of health:
(1) The office shall report each nursing facility that fails to pay
the quality assessment under this SECTION not later than one
hundred twenty (120) days after payment of the quality
assessment is due.
(2) The department of state revenue shall report each health
facility that is not a nursing facility that fails to pay the quality
assessment under this SECTION not later than one hundred
twenty (120) days after payment of the quality assessment is due.
(s) The state department of health shall do the following:
(1) Notify each nursing facility and each health facility reported
under subsection (r) that the nursing facility's or health facility's
license under IC 16-28 will be revoked if the quality assessment
is not paid.
(2) Revoke the nursing facility's or health facility's license under
IC 16-28 if the nursing facility or the health facility fails to pay
the quality assessment.
(t) An action taken under subsection (s)(2) is governed by:
(1) IC 4-21.5-3-8; or
(2) IC 4-21.5-4.
(u) The office shall report the following information to the select
joint commission on Medicaid oversight established by IC 2-5-26-3 at
every meeting of the commission:
(1) Before the quality assessment is approved by the United States
Centers for Medicare and Medicaid Services:
(A) an update on the progress in receiving approval for the
quality assessment; and
(B) a summary of any discussions with the United States
Centers for Medicare and Medicaid Services.
(2) After the quality assessment has been approved by the United
States Centers for Medicare and Medicaid Services:
(A) an update on the collection of the quality assessment;
(B) a summary of the quality assessment payments owed by a
(C) any other relevant information related to the
implementation of the quality assessment.
(v) This SECTION expires August 1, 2007.
&DNM.2006-19-1
SECTION 12. P.L.19-2006, SECTION 1, IS AMENDED TO READ
AS FOLLOWS: SECTION 1. (a) The definitions in IC 21-3-1.6-1.1
apply throughout this SECTION.
(b) As used in this SECTION, "department" refers to the department
of education.
(c) As used in this SECTION, "education roundtable" refers to the
education roundtable established by IC 20-19-4-2.
(d) As used in this SECTION, "informational count" means a count
of the number of eligible pupils enrolled in a school corporation or a
transferee corporation.
(e) A school corporation shall conduct an informational count on
May 1, 2007, May 1, 2008, and May 1, 2009.
(f) Subject to subsection (g), in determining the informational count,
a school corporation shall count eligible pupils in the same manner and
with the same standards as eligible pupils are counted to determine
current ADM.
(g) The informational count must also include the following
information:
(1) A comparison between the number of eligible pupils on the
informational count date and the number of eligible pupils in the
current ADM.
(2) Using a coding system developed by the department, the
number (to the extent known by the school corporation or
transferee corporation) of eligible pupils dropping out of or
otherwise withdrawing from the school corporation or transferee
corporation after the date of the current ADM count, grouped by
the reason or reasons for withdrawal from school.
(3) Using a coding system developed by the department:
(A) the number of suspensions and expulsions occurring after
the date of the current ADM count, grouped by the reason or
reasons for each suspension and expulsion; and
(B) the number and types of alternative educational
placements that were provided or offered to suspended and
expelled eligible pupils in each group.
(4) The number of tuition transfer students accepted by a
transferee corporation after the date of the current ADM count.
(h) The department shall report the information obtained in the
informational count to the:
(1) governor;
(2) members of the education roundtable; and
(3) executive director of the legislative services agency;
not later than thirty (30) days after the department receives the
informational count reports for the year from all school corporations
and transferee corporations. The report to the executive director of the
legislative services agency must be in an electronic format under IC
(i) This SECTION applies to school years beginning after June 30,
2006.
(j) This SECTION expires December 31, 2009.
SECTION 13. P.L.23-2006, SECTION 1, IS AMENDED TO READ
AS FOLLOWS: SECTION 1. (a) As used in this SECTION, "office"
refers to the office of Medicaid policy and planning established by IC
12-8-6-1.
(b) As used in this SECTION, "pay-in option" refers to the method
allowed under 42 U.S.C. 1396b under which a Medicaid recipient may
satisfy a state's income spend down requirements by paying to the state
the spend down amount each month.
(c) Before June 1, 2006, the office may apply to the United States
Department of Health and Human Services to amend the state's
Medicaid plan to allow a Medicaid recipient to elect to participate in
the pay-in option in the state's Medicaid spend down program allowed
under 42 U.S.C. 1396b.
(d) The office may not implement the amendment described in
subsection (c) until the office files an affidavit with the governor
attesting that the amendment applied for under this SECTION is in
effect. If the office applies for the amendment described in this
SECTION, the office shall file the affidavit under this subsection not
later than five (5) days after the office is notified by the United States
Department of Health and Human Services that the amendment is
approved.
(e) If the office receives approval for the amendment under this
SECTION and the governor receives the affidavit filed under
subsection (d), the office may implement the amendment.
(f) The office may adopt rules under IC 4-22-2 necessary to
implement this SECTION.
(g) This SECTION expires December 31, 2013.
SECTION 14. P.L.25-2006, SECTION 1, IS AMENDED TO READ
AS FOLLOWS: SECTION 1. (a) As used in this SECTION, "division"
refers to the division of mental health and addiction.
(b) Except as provided in subsections (c) and (d), and
notwithstanding IC 12-23-1-6(4), IC 12-23-14-7, and 440 IAC
4.4-2-1(e), the division may not grant specific approval to be a new
provider of any of the following:
(1) Methadone.
(2) Levo-alphacetylmethadol.
(3) Levo-alpha-acetylmethadol.
(4) Levomethadyl acetate.
(5) LAAM.
(6) Buprenorphine.
(c) The division may not grant specific approval to be a new
provider of one (1) or more of the drugs listed under subsection (b)
unless:
(1) the drugs will be provided in a county with a population of
more than forty thousand (40,000);
(2) there are no other providers located in the county or in a
county contiguous to the county where the provider will provide
the drugs; and
(3) the provider supplies, in writing:
(A) a needs assessment for Indiana citizens under guidelines
established by the division; and
(B) any other information required by the division.
(d) Notwithstanding subsection (c), the division may grant specific
approval to be a new provider of one (1) or more of the drugs listed
under subsection (b) in a county contiguous to a county in which an
existing provider is located if:
(1) the drugs will be provided in a county with a population of
more than forty thousand (40,000);
(2) there are no other providers of the drugs listed under
subsection (b) in the county in which the provider is seeking
approval; and
(3) the provider supplies, in writing:
(A) a needs assessment for Indiana citizens under guidelines
established by the division that demonstrates that:
(i) a heroin or an opiate problem exists in the county in
which the provider is seeking approval; and
(ii) a need exists for a heroin or an opiate treatment program
in the county; and
(B) any other information required by the division.
(e) Except as provided in subsection (l), the division shall prepare
a report by June 30 of each year concerning treatment offered by
methadone providers that contains the following information:
(1) The number of methadone providers in the state.
(2) The number of patients on methadone during the previous
year.
(3) The length of time each patient received methadone and the
average length of time all patients received methadone.
(4) The cost of each patient's methadone treatment and the
average cost of methadone treatment.
(5) The rehabilitation rate of patients who have undergone
methadone treatment.
(6) The number of patients who have become addicted to
methadone.
(7) The number of patients who have been rehabilitated and are
no longer on methadone.
(8) The number of individuals, by geographic area, who are on a
waiting list to receive methadone.
(9) Patient information as reported to a central registry created by
the division.
(f) Each methadone provider in the state shall provide information
requested by the division for the report under subsection (e). The
information provided to the division may not reveal the specific
identity of a patient.
(g) The information provided to the division under subsection (f)
(1) February 29, 2004, for calendar year 2003;
(2) February 28, 2005, for calendar year 2004;
(3) February 28, 2006, for calendar year 2005;
(4) February 28, 2007, for calendar year 2006; and
(5) February 29, 2008, for calendar year 2007.
(i) Failure of a certified provider to submit the information required
under subsection (f) may result in suspension or termination of the
provider's certification.
(j) The division shall report to the governor and the legislative
council the failure of a certified provider to provide information
required by subsection (f).
(k) The division shall distribute the report prepared under
subsection (e) to the governor and legislative council.
(l) The first report the division is required to prepare under
subsection (e) is due not later than September 30, 1999.
(m) The division shall establish a central registry to receive the
information required by subsection (e)(9).
(n) A report distributed under this SECTION to the legislative
council must be in an electronic format under IC 5-14-6.
(o) This SECTION expires July 1, 2008.
SECTION 15. P.L.26-2006, SECTION 3, IS AMENDED TO READ
AS FOLLOWS: SECTION 3. IC 35-41-1-10.5 and IC 35-46-1-4, both
as amended by this act, apply only to crimes committed after June 30,
2006.
SECTION 16. P.L.27-2006, SECTION 63, IS AMENDED TO
READ AS FOLLOWS: SECTION 63. (a) As used in this SECTION,
"basic telecommunications service" has the meaning set forth in IC
8-1-2.6-0.1, as added by this act.
(b) As used in this SECTION, "commission" refers to the Indiana
utility regulatory commission created by IC 8-1-1-2.
(c) As used in this SECTION, "provider" has the meaning set forth
in IC 8-1-2.6-0.4, as added by this act.
(d) Notwithstanding IC 8-1-2.6-1.4, as added by this act, the
commission may, before July 1, 2009, take any action necessary to
divest itself, by July 1, 2009, of any jurisdiction that:
(1) is not described in IC 8-1-2.6-1.5(b), as added by this act, or
IC 8-1-2.6-13(d), as added by this act; and
(2) the commission exercises over basic telecommunications
service before July 1, 2009.
(e) This SECTION expires January 1, 2010.
SECTION 17. P.L.27-2006, SECTION 64, IS AMENDED TO
READ AS FOLLOWS: SECTION 64. (a) The definitions in IC 8-1-34,
as added by this act, apply throughout this SECTION.
(b) As used in this SECTION, "commission" refers to the Indiana
utility regulatory commission created by IC 8-1-1-2.
(c) For the period beginning July 1, 2006, and ending June 30, 2010,
the commission shall conduct an analysis of the deployment of video
service in Indiana. In conducting the analysis required under this
subsection, the commission shall determine and collect data on the
following for each metropolitan statistical area in Indiana on at least an
annual basis:
(1) The median per capita income of the metropolitan statistical
area in relation to the median per capita income of the state.
(2) Whether the metropolitan statistical area is part of or includes
an underserved area, as determined by the Indiana finance
authority under IC 8-1-33-13, as amended by this act.
(3) An identification of each provider offering video service in the
metropolitan statistical area. For each provider identified under
this subdivision, the commission shall identify whether the
provider offers video service in the metropolitan statistical area
under:
(A) a local franchise; or
(B) a certificate issued by the commission under IC 8-1-34-17,
as added by this act.
(4) For each provider identified under subdivision (3), the type of
technology used to deliver the video service offered. In compiling
the information required under this subdivision, the commission
may prepare a map identifying the location of the infrastructure
used to provide video service within the metropolitan statistical
area.
(5) For each provider identified under subdivision (3), any
infrastructure build out initiated or completed within the
metropolitan statistical area during the particular data collection
period. For a provider that offers video service in the metropolitan
statistical area under a local franchise, the commission shall
identify whether the build out identified under this subdivision is
required under the local franchise. In compiling the information
required under this subdivision, the commission may prepare a
map identifying the location of any build out that is initiated or
completed.
(6) For each provider identified under subdivision (3), the
provider's compliance with IC 8-1-34-28, as added by this act.
The commission shall include in the data collected under this
subdivision information on any complaint filed by an affected
person under IC 8-1-34-28(c), as added by this act, including the
commission's resolution of the complaint under IC 8-1-34-28(d).
(d) In the commission's report under IC 8-1-2.6-4 that is due to the
regulatory flexibility committee on July 1, 2010, the commission shall
include the results of the commission's analysis under subsection (c).
The results reported must include the data collected under subsection
(c) for each metropolitan statistical area in Indiana for each annual data
SECTION 18. P.L.27-2006, SECTION 65, IS AMENDED TO
READ AS FOLLOWS: SECTION 65. (a) The definitions in IC 8-1-2.6
apply to this SECTION.
(b) As used in this SECTION, "committee" refers to the regulatory
flexibility committee established by IC 8-1-2.6-4.
(c) For purposes of this SECTION, a rate charged by a
telecommunications provider is considered predatory if, for purposes
of reporting to taxing authorities, the rate charged for a particular
service is not set at or above the service's long run incremental cost.
(d) For the period beginning July 1, 2006, and ending June 30,
2008, the committee shall conduct an analysis of the rates charged by
the telecommunications industry in Indiana for any service provided at
the wholesale or retail level.
(e) The committee shall make a record of each instance of predatory
pricing identified by the committee during the course of the analysis
required under this SECTION.
(f) The committee shall report the findings of the analysis required
under this SECTION to the legislative council before November 1,
2008. The report must include the committee's recommendations, if
any, for regulatory or legislative intervention.
(g) The report and recommendations issued under this SECTION to
the legislative council must be in an electronic format under IC 5-14-6.
(h) This SECTION expires January 1, 2009.
SECTION 19. P.L.29-2006, SECTION 4, IS AMENDED TO READ
AS FOLLOWS: SECTION 4. (a) As used in this SECTION, "PERF
board" refers to the public employees' retirement fund board of trustees
established by IC 5-10.3-3-1.
(b) As used in this SECTION, "fund" refers to the fund for the
defined contribution plan of the legislators' retirement system
established by IC 2-3.5-3-2.
(c) Beginning January 1, 2004, the PERF board shall conduct a pilot
program concerning:
(1) the implementation of a member's investment selection; and
(2) the crediting of a member's contributions and earnings;
for the fund.
(d) The pilot program referred to in subsection (c) must include the
following elements:
(1) Notwithstanding IC 2-3.5-5-3(b)(2), the PERF board shall
implement a member's selection under IC 2-3.5-5-3 not later than
the next business day following receipt of the member's selection
by the PERF board. This date is the effective date of the member's
selection.
(2) Notwithstanding IC 2-3.5-5-3(b)(7), all contributions to a
member's account in the fund must be allocated under IC
2-3.5-5-3 not later than the last day of the quarter in which the
(3) Notwithstanding IC 2-3.5-5-3(c) and IC 2-3.5-5-3(d), when a
member retires, becomes disabled, dies, or withdraws from the
fund, the amount credited to the member is the market value of
the member's investment as of five (5) business days preceding
the member's distribution or annuitization at retirement, disability,
death, or withdrawal, plus contributions received after that date.
(4) Notwithstanding IC 2-3.5-5-4, contributions to the fund under
IC 2-3.5-5-4 must be credited to the fund not later than the last
day of the quarter in which the contributions were deducted.
(5) Notwithstanding IC 2-3.5-5-5, the state shall make
contributions under IC 2-3.5-5-5 to the fund not later than the last
day of each quarter. The contributions must equal twenty percent
(20%) of the annual salary received by each participant during
that quarter.
(e) Before November 1, 2006, the PERF board shall report to the
pension management oversight commission established by IC 2-5-12
the results of the pilot program referred to in subsection (c) and shall
recommend proposed legislation if the report includes a finding that the
pilot program should be implemented on a permanent basis. If the
PERF board recommends implementing the pilot program on a
permanent basis, the PERF board shall provide to the pension
management oversight commission a schedule to implement the
elements of the pilot program on a permanent basis for all funds for
which it has responsibility.
(f) This SECTION expires July 1, 2007.
SECTION 20. P.L.29-2006, SECTION 5, IS AMENDED TO READ
AS FOLLOWS: SECTION 5. (a) IC 36-8-8-12.7 and IC 36-8-8-13.1,
both as amended by this act, apply to impairments determined under IC
36-8-8-12.7(i) after June 30, 2006.
(b) This SECTION expires July 1, 2007.
SECTION 21. P.L.32-2006, SECTION 4, IS AMENDED TO READ
AS FOLLOWS: SECTION 4. (a) To implement this act, the regulated
amusement device safety board shall adopt temporary rules in the
manner provided in IC 4-22-2-37.1 for the adoption of emergency
rules.
(b) A temporary rule adopted under this SECTION expires on the
earliest of the following:
(1) The date rules are adopted under IC 22-13-2-8(e).
(2) The date another temporary rule is adopted under this
SECTION to replace an earlier rule adopted under this SECTION.
(3) December 31, 2007.
(c) This SECTION expires January 1, 2008.
SECTION 22. P.L.33-2006, SECTION 4, IS AMENDED TO READ
(1) is serving on July 1, 2006; or
(2) begins service after July 1, 2006;
in a position described in IC 33-39-7-8.
SECTION 23. P.L.35-2006, SECTION 1, IS AMENDED TO READ
AS FOLLOWS: SECTION 1. (a) The lake management work group is
established. The activities of the work group established by this
SECTION must be directed to problems and issues associated with
lakes that meet the definition of a public freshwater lake under IC
14-26-2-3.
(b) The work group consists of twenty-six (26) members appointed
as follows:
(1) Four (4) members of the general assembly consisting of:
(A) two (2) members of the house of representatives who may
not be members of the same political party, appointed by the
speaker of the house of representatives; and
(B) two (2) members of the senate who may not be members
of the same political party, appointed by the president pro
tempore of the senate.
(2) Three (3) representatives of the department of natural
resources, at least one (1) of whom must be an officer in the
division of law enforcement, appointed by the governor.
(3) The commissioner of the department of environmental
management or the commissioner's designee.
(4) One (1) representative of the Indiana Lake Management
Society or a similar organization of citizens concerned about
lakes, appointed by the governor.
(5) One (1) representative of the Natural Resources Conservation
Service of the United States Department of Agriculture appointed
by the governor upon the recommendation of the Natural
Resources Conservation Service.
(6) One (1) representative of soil and water conservation districts
organized under IC 14-32 or IC 13-3-1 or IC 14-32-3 (before their
repeal), appointed by the governor.
(7) Ten (10) members appointed by the governor, each of whom
is:
(A) a participant in lake related recreational activities;
(B) a resident of a lake area;
(C) the owner or operator of a lake related business; or
(D) interested in the natural environment of Indiana lakes.
(8) One (1) representative of the United States Army Corps of
Engineers appointed by the governor upon the recommendation
of the commander of the Louisville District of the United States
Army Corps of Engineers.
(9) One (1) representative of an agricultural organization,
appointed by the governor.
(10) One (1) representative of an environmental organization,
(11) Two (2) other individuals appointed by the governor as
at-large members.
(c) When appointing two (2) members of the senate to the work
group under subsection (b)(1)(B), the president pro tempore of the
senate shall appoint one (1) senator to serve as the chairperson of the
work group beginning July 1, 2006, and ending June 30, 2007.
(d) When appointing two (2) members of the house of
representatives to the work group under subsection (b)(1)(A), the
speaker of the house of representatives shall appoint one (1)
representative to serve as chairperson of the work group beginning July
1, 2007, and ending June 30, 2008.
(e) The work group shall meet at the call of the chairperson but may
not meet more than three (3) times each year.
(f) To fill the positions created by subsection (b)(7), the governor
shall appoint at least one (1) resident to represent each congressional
district in Indiana. Each individual who was appointed by the governor
as a member of the work group under P.L.65-2000 (before its
expiration) is appointed to serve on the work group until the governor
appoints a successor.
(g) The work group is under the direction of the department of
natural resources. The department may contract with a facilitator to
facilitate the work of the work group. The department of natural
resources shall staff the work group. Except as provided in subsection
(m), per diem, mileage, travel allowances, and other expenses paid
under this SECTION shall be paid from appropriations made to the
department of natural resources.
(h) The work group shall do the following:
(1) Monitor, review, and coordinate the implementation of the
work group's recommendations issued under P.L.239-1997 and
P.L.65-2000.
(2) Facilitate collaborative efforts among commonly affected
state, county, and local governmental entities in cooperation with
lake residents and related organizations.
(3) Conduct public meetings to hear testimony and receive written
comments concerning lake resource concerns and the
implementation of the work group's recommendations.
(4) Develop proposed solutions to problems concerning the
implementation of the work group's recommendations.
(5) Review, update, and coordinate the implementation of new
and existing recommendations by communicating with the public,
the general assembly, and other governmental entities concerning
lake resources.
(6) Review and coordinate the development and maintenance of
an Internet web site that includes information on the management
of lake and watershed resources.
(7) Issue reports to the natural resources study committee when
directed to do so.
(8) Review all funding that is used for Indiana's waterways,
including potential funding sources that could be used by the
general assembly to correct funding problems.
(9) Issue:
(A) an interim report before July 1, 2007; and
(B) a final report before July 1, 2008.
(i) The affirmative votes of a majority of the members appointed to
the work group are required for the work group to take action on any
measure, including final reports.
(j) The work group shall make its reports available to:
(1) the natural resources study committee;
(2) the department of natural resources;
(3) members of the house agriculture, natural resources, and rural
development standing committee and the senate natural resources
standing committee; and
(4) the public.
(k) Each member of the work group who is not a state employee is
not entitled to the minimum salary per diem provided by IC
4-10-11-2.1(b). The member is, however, 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.
(l) Each member of the work group 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.
(m) Each member of the work group 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.
(n) This SECTION expires July 1, 2008.
SECTION 24. P.L.45-2006, SECTION 3, IS AMENDED TO READ
AS FOLLOWS: SECTION 3. (a) Notwithstanding IC 9-24-8-4 and IC
9-29-9-12, both as amended by this act, the bureau of motor vehicles
shall carry out the duties imposed upon it by IC 9-24-8-4 and IC
9-29-9-12, both as amended by this act, under interim written
guidelines approved by the commissioner of the bureau of motor
vehicles.
(b) This SECTION expires on the earlier of the following:
(1) The date rules are adopted under IC 9-24-8-4 and IC
9-29-9-12, both as amended by this act.
(2) December 31, 2007.
&DNM.2006-47-62
SECTION 25. P.L.47-2006, SECTION 62, IS AMENDED TO
READ AS FOLLOWS: SECTION 62. (a) As used in this SECTION,
"authority" and "user fees" have the meanings set forth in IC 8-15.5-2,
(b) The authority shall adopt a rule under IC 4-22-2-37.1, as
amended by this act, fixing user fees, including a schedule of the user
fees provided for under a public-private agreement entered into under
IC 8-15.5-4, as added by this act, on or before January 1, 2007.
(c) This SECTION expires July 1, 2007.
SECTION 26. P.L.47-2006, SECTION 63, IS AMENDED TO
READ AS FOLLOWS: SECTION 63. The Indiana department of
transportation may adopt temporary rules in the manner provided for
the adoption of emergency rules under IC 4-22-2-37.1, as amended by
this act, to implement IC 8-15-3, as amended by this act, and IC 8-15.7,
as added by this act. A temporary rule adopted under this SECTION
expires on the earliest of the following:
(1) The date that another temporary rule adopted under this
SECTION supersedes or repeals the previously adopted
temporary rule.
(2) The date that a permanent rule adopted under IC 4-22-2
supersedes or repeals the temporary rule.
(3) The date specified in the temporary rule.
(4) January 1, 2008.
&DNM.2006-47-64
SECTION 27. P.L.47-2006, SECTION 64, IS AMENDED TO
READ AS FOLLOWS: SECTION 64. The provisions of this act are
severable in the manner provided by IC 1-1-1-8(b).
SECTION 28. P.L.47-2006, SECTION 65, IS AMENDED TO
READ AS FOLLOWS: SECTION 65. (a) The definitions set forth in
IC 8-15.5-2, as added by this act, apply throughout this SECTION.
(b) Actions taken with respect to:
(1) the issuance of a request for proposals;
(2) the determination of responsible and eligible offerors; and
(3) the preliminary selection of an operator by the authority;
for a public-private agreement before the effective date of this act that
would have been valid under IC 8-15.5, as added by this act, are
legalized and validated.
SECTION 29. P.L.51-2006, SECTION 6, IS AMENDED TO READ
AS FOLLOWS: SECTION 6. IC 36-8-10-12.2, as amended by this act,
applies to an employee beneficiary of a county retirement plan
established under IC 36-8-10-12 who dies in the line of duty after
December 31, 2005.
SECTION 30. P.L.52-2006, SECTION 3, IS AMENDED TO READ
AS FOLLOWS: SECTION 3. (a) For purposes of this SECTION,
"notice of assessment" refers to a notice of assessment mailed under:
(1) IC 36-9-27-40(b);
(2) IC 36-9-27-52(b);
(3) IC 36-9-27-63(b);
(4) IC 36-9-27-92(b); or
(5) IC 36-9-27-93(b).
(b) IC 36-9-27-86, as amended by this act, applies to an assessment
only if the notice of assessment is mailed after December 31, 2005.
(c) The state is not entitled to a refund of an assessment paid by the
state for which the notice of assessment was mailed before January 1,
2006.
SECTION 31. P.L.54-2006, SECTION 5, IS AMENDED TO READ
AS FOLLOWS: SECTION 5. (a) IC 20-26-9-19, as added by this act,
does not apply to a contract that:
(1) was executed before July 1, 2006;
(2) takes effect not later than July 1, 2006; and
(3) requires a governing body of a school corporation to allow the
sale of:
(A) soft drinks and similar beverages; or
(B) food;
with no or low nutritional value, as defined by the United States
Department of Agriculture, from vending machines or other
dispensing units during school hours.
However, the governing body may not renew a contract described in
this SECTION and, after the contract expires, must comply with IC
20-26-9-19, as added by this act.
(b) This SECTION expires July 1, 2011.
SECTION 32. P.L.54-2006, SECTION 6, IS AMENDED TO READ
AS FOLLOWS: SECTION 6. (a) Notwithstanding IC 20-26-9-19(c),
as added by this act, the following percentages of foods and beverages
sold at school or on school grounds must qualify as a better choice food
or a better choice beverage, as described in IC 20-26-9-19(c), as added
by this act:
(1) Thirty-five percent (35%), beginning July 1, 2006, through
August 31, 2007.
(2) Fifty percent (50%), beginning September 1, 2007.
(b) This SECTION expires December 31, 2008.
SECTION 33. P.L.58-2006, SECTION 9, IS AMENDED TO READ
AS FOLLOWS: SECTION 9. (a) Notwithstanding IC 10-17-12-10, as
added by this act, the director of veterans' affairs shall carry out the
duties imposed on:
(1) the director of veterans' affairs; or
(2) the Indiana department of veterans' affairs;
under IC 10-17-12, as added by this act, under interim written
guidelines approved by the veterans' affairs commission.
(b) This SECTION expires on the earlier of the following:
(1) The date rules are adopted under IC 10-17-12-10, as added by
this act.
(2) June 30, 2007.
&DNM.2006-58-10
SECTION 34. P.L.58-2006, SECTION 10, IS AMENDED TO
READ AS FOLLOWS: SECTION 10. The director of veterans' affairs,
after consultation with the veterans' affairs commission, shall report to
the budget committee before August 1, 2006, on the topics described
in IC 10-17-12-10, as added by this act.
SECTION 35. P.L.58-2006, SECTION 11, IS AMENDED TO
READ AS FOLLOWS: SECTION 11. (a) The provision of
P.L.246-2005, SECTION 9, that limits the Indiana department of
veterans' affairs from considering new applications from dependents of
veterans with disabilities not greater than zero (0) percentage does not
apply to applications affecting academic years beginning after June 30,
2006.
(b) Beginning July 1, 2006, the appropriation for state student
assistance commission statutory fee remission made by P.L.246-2005,
SECTION 9, may be allotted and used for statutory fee remission
related to dependents of veterans with disabilities not greater than zero
(0) percentage.
SECTION 36. P.L.58-2006, SECTION 12, IS AMENDED TO
READ AS FOLLOWS: SECTION 12. (a) Effective January 1, 2007,
the bureau of motor vehicles shall terminate the issuance of the Hoosier
veteran license plate issued as a special group recognition license plate
under IC 9-18-25.
(b) Notwithstanding IC 9-18-50-6(2), as added by this act, a person
who was issued a Hoosier veteran license plate issued as a special
group recognition license plate under IC 9-18-25 in 2006 is not
required to present:
(1) a United States Uniformed Services Retiree Identification
Card;
(2) a DD 214 record; or
(3) United States military discharge papers;
to the bureau upon applying for a Hoosier veteran license plate under
IC 9-18-50-6, as added by this act.
(c) This SECTION expires December 31, 2007.
SECTION 37. P.L.61-2006, SECTION 8, IS AMENDED TO READ
AS FOLLOWS: SECTION 8. IC 29-1-2-1 and IC 29-1-3-1, both as
amended by this act, apply to the estate of an individual who dies after
June 30, 2005.
SECTION 38. P.L.61-2006, SECTION 9, IS AMENDED TO READ
SECTION 39. P.L.66-2006, SECTION 31, IS AMENDED TO
READ AS FOLLOWS: SECTION 31. (a) Notwithstanding IC
6-1.1-6-24, as amended by this act, if land that is classified as native
forest land, a forest plantation, or wildlands under IC 6-1.1-6, as
amended by this act, is withdrawn from the classification, the owner is
not required to pay the penalty under IC 6-1.1-6-24(a)(3), as added by
this act. However, the owner shall pay any other taxes and penalties
required under IC 6-1.1-6, as amended by this act.
(b) This SECTION expires July 1, 2007.
SECTION 40. P.L.66-2006, SECTION 32, IS AMENDED TO
READ AS FOLLOWS: SECTION 32. (a) On June 30, 2006, land
classified as wildlife habitat under IC 6-1.1-6.5, before its repeal by
this act, is classified on July 1, 2006, as wildlands under IC 6-1.1-6, as
amended by this act. The change in classification does not constitute
a withdrawal. Upon subsequent withdrawal from classification, the date
of initial classification and the initial classification assessment shall be
used in determining any withdrawal payments. The department of
natural resources shall furnish the forms necessary to change
classifications.
(b) This SECTION expires July 1, 2011.
SECTION 41. P.L.67-2006, SECTION 18, IS AMENDED TO
READ AS FOLLOWS: SECTION 18. IC 6-1.1-37-10, as amended by
this act, applies only to ad valorem property taxes first due and payable
after December 31, 2006.
SECTION 42. P.L.67-2006, SECTION 19, IS AMENDED TO
READ AS FOLLOWS: SECTION 19. (a) For ad valorem property
taxes and assessments first due and payable in 2006:
(1) notwithstanding IC 6-1.1-18.5-12, as amended by this act, that
section applies as if the date in IC 6-1.1-18.5-12(a)(2)(B) were
April 1 instead of March 1; and
(2) notwithstanding IC 6-1.1-19-2, as amended by this act, that
section applies as if the date in IC 6-1.1-19-2(d)(2)(B) were April
1 instead of March 1.
(b) This SECTION expires January 1, 2007.
SECTION 43. P.L.67-2006, SECTION 20, IS AMENDED TO
READ AS FOLLOWS: SECTION 20. IC 6-1.1-18.5-12, IC 6-1.1-19-2,
IC 6-1.1-21-2, IC 6-1.1-22-3, IC 6-1.1-22-5, IC 6-1.1-22-9, IC
6-1.1-22-9.5, and IC 6-1.1-22.5-6, all as amended by this act, apply
SECTION 44. P.L.67-2006, SECTION 21, IS AMENDED TO
READ AS FOLLOWS: SECTION 21. IC 6-1.1-37-10.7, as added by
this act, applies only to property taxes first due and payable after
December 31, 2006.
SECTION 45. P.L.67-2006, SECTION 22, IS AMENDED TO
READ AS FOLLOWS: SECTION 22. (a) As used in this SECTION,
"taxable year" has the meaning set forth in IC 6-3-1-16.
(b) In addition to any other deduction permitted under IC 6-3, a
delayed property tax payment paid in taxable year 2005 for property
taxes assessed in 2002, 2003, or 2004 assessment years:
(1) that would have been payable in 2003, 2004, or a part of
calendar year 2005 that preceded the beginning of the taxpayer's
2005 taxable year if tax statements had been issued in those years;
and
(2) where the taxpayer was not delinquent in remitting the
property tax to the county treasurer when paid in taxable year
2005;
is deductible from adjusted gross income under IC 6-3-1-3.5 in the
2006 taxable year if the property tax was not deducted in any previous
taxable year. The amount of the deduction for the property taxes due
for a particular assessment year is limited to the lesser of the property
tax paid for the assessment year or two thousand five hundred dollars
($2,500).
SECTION 46. P.L.69-2006, SECTION 3, IS AMENDED TO READ
AS FOLLOWS: SECTION 3. (a) As used in this SECTION,
"commission" refers to the state fair commission.
(b) As used in this SECTION, "member" refers to a member of the
commission.
(c) Notwithstanding IC 15-1.5-2-3, as amended by this act, a
member:
(1) who is serving on the commission on June 30, 2006; and
(2) whose term of service on the commission expires June 30,
2006;
is entitled to serve on the commission through September 30, 2006.
(d) Notwithstanding IC 15-1.5-2-3, as amended by this act, a
member:
(1) who is serving on the commission on June 30, 2006; and
(2) whose term of service on the commission expires after June
30, 2006;
is entitled to serve on the commission through September 30 of the year
that the term of the member expires.
(e) This SECTION expires October 1, 2009.
SECTION 47. P.L.70-2006, SECTION 2, IS AMENDED TO READ
AS FOLLOWS: SECTION 2. IC 35-42-3-3, as amended by this act,
applies only to crimes committed after June 30, 2006.
SECTION 48. P.L.72-2006, SECTION 10, IS AMENDED TO
READ AS FOLLOWS: SECTION 10. IC 35-47-5-2.5, as added by this
act, applies only to crimes committed after June 30, 2006.
SECTION 49. P.L.75-2006, SECTION 4, IS AMENDED TO READ
AS FOLLOWS: SECTION 4. IC 9-21-8-55, as added by this act, and
IC 35-42-2-2, as amended by this act, apply only to offenses committed
after June 30, 2006.
SECTION 50. P.L.77-2006, SECTION 2, IS AMENDED TO READ
AS FOLLOWS: SECTION 2. IC 34-30-23, as added by this act, does
not apply to a cause of action that accrues before July 1, 2006.
SECTION 51. P.L.80-2006, SECTION 18, IS AMENDED TO
READ AS FOLLOWS: SECTION 18. IC 6-1.1-18.5-13, as amended
by this act, applies only to ad valorem property taxes first due and
payable after December 31, 2006.
SECTION 52. P.L.80-2006, SECTION 19, IS AMENDED TO
READ AS FOLLOWS: SECTION 19. (a) The thirty-third,
thirty-fourth, and thirty-fifth judges of the Marion superior court added
by IC 33-33-49-6, as amended by this act, shall be elected at the
general election on November 7, 2006, for terms beginning January 1,
2007, and ending December 31, 2012. At the primary election held in
2006, a political party may nominate not more than nine (9) candidates
for judge of the court. A political party may nominate one (1)
additional candidate to be elected judge of the court at the 2006 general
election using the candidate vacancy provisions under IC 3-13-1 for a
total of not more than ten (10) candidates for judge of the court. Other
candidates may qualify under IC 3-8-6 to be voted on at the general
election. The candidates shall be voted on at the general election. At
the 2006 general election, persons eligible to vote at the general
election may vote for twenty (20) candidates for judge of the court.
(b) The thirty-sixth judge of the Marion superior court added by IC
33-33-49-6, as amended by this act, shall be elected at the general
election on November 4, 2008, for terms beginning January 1, 2009,
and ending December 31, 2014. At the primary election held in 2008,
a political party may nominate not more than eight (8) candidates for
judge of the court. Other candidates may qualify under IC 3-8-6 to be
voted on at the general election. The candidates shall be voted on at the
general election. At the 2008 general election, persons eligible to vote
at the general election may vote for sixteen (16) candidates for judge
(c) This act may not be construed to affect the term of any judge
serving on the Marion superior court on the effective date of this act.
(d) This SECTION expires January 2, 2015.
SECTION 53. P.L.86-2006, SECTION 1, IS AMENDED TO READ
AS FOLLOWS: SECTION 1. (a) As used in this SECTION,
"department" refers to the state department of health established by IC
16-19-1-1.
(b) The department shall conduct a study of:
(1) drug abuse;
(2) alcohol abuse; and
(3) use of tobacco;
by women during pregnancy.
(c) The study required by subsection (b) must include the following:
(1) The scope of the use of drugs, alcohol, and tobacco.
(2) Programs that are available to assist women who:
(A) suffer from drug or alcohol abuse; or
(B) use tobacco;
during pregnancy.
(3) Identification of gaps in services for pregnant women who use
drugs, alcohol, or tobacco.
(d) The department shall prepare a report on the study required by
subsection (b). The report must include recommendations for providing
programs to fill gaps in services identified under subsection (c).
(e) The department shall submit the report to the:
(1) legislative council; and
(2) health finance commission;
before October 1, 2006. The report required under this subsection must
be in an electronic format under IC 5-14-6.
(f) This SECTION expires December 31, 2006.
SECTION 54. P.L.89-2006, SECTION 17, IS AMENDED TO
READ AS FOLLOWS: SECTION 17. (a) The definitions in IC 4-2-6,
IC 4-2-7, and IC 4-2-8 apply throughout this SECTION.
(b) The registration fee for an executive branch lobbyist under IC
4-2-8 is fifty dollars ($50) until the department sets a different fee by
rules adopted by the department under IC 4-22-2.
(c) The annual report filing fee for a lobbyist under IC 4-2-8 is fifty
dollars ($50) until the department sets a different fee by rules adopted
by the department under IC 4-22-2.
(d) This SECTION expires on the earlier of the following:
(1) The date that rules to set registration fees for executive branch
lobbyists adopted under IC 4-2-8-4, as added by this act, take
effect.
(2) July 1, 2008.
&DNM.2006-90-1
SECTION 55. P.L.90-2006, SECTION 1, IS AMENDED TO READ
(b) Notwithstanding any other law, the office shall provide to the
evaluation staff of the legislative services agency or to a contractor of
the legislative services agency described in subsection (c), solely for
purposes of performing the survey required by SCR 7-2005, the names,
addresses, and telephone numbers of individuals who receive services
administered by the office.
(c) The legislative services agency may enter into a contract with a
research organization to perform any part of the survey described in
subsection (b).
(d) All information provided by the office to the evaluation staff of
the legislative services agency or to a contractor of the legislative
services agency described in subsection (c) is confidential. Any
information resulting from the survey from which the identity of an
individual could be determined is confidential and may not be
disclosed to any other party.
(e) This SECTION expires July 1, 2007.
SECTION 56. P.L.91-2006, SECTION 16, IS AMENDED TO
READ AS FOLLOWS: SECTION 16. (a) As used in this SECTION,
"allowable event" has the meaning set forth in IC 4-32.2-2-2, as added
by this act.
(b) As used in this SECTION, "charity gaming" refers to games of
chance authorized by IC 4-32 (before its repeal by this act) and IC
4-32.2, as added by this act.
(c) As used in this SECTION, "commission" refers to the Indiana
gaming commission established by IC 4-33-3-1.
(d) As used in this SECTION, "department" refers to the department
of state revenue.
(e) Rules adopted by the department before July 1, 2006, concerning
charity gaming are considered, after June 30, 2006, to be rules of the
commission.
(f) The commission shall amend references in rules to indicate that
the commission, and not the department, is the entity that administers
charity gaming.
(g) An allowable event held after June 30, 2006, under the authority
of a license issued under IC 4-32 (before its repeal by this act) before
July 1, 2006, is considered a lawful event held under IC 4-32.2, as
added by this act.
(h) The records of the department concerning charity gaming, other
than records relating to the charity game card excise tax imposed under
IC 4-32-15 (before its repeal by this act), are transferred to the
commission.
(i) Money in the charity gaming enforcement fund established under
IC 4-32-10 (before its repeal by this act) on July 1, 2006, is transferred
to the charity gaming enforcement fund established by IC 4-32.2-7-3,
as added by this act.
(j) This SECTION expires June 30, 2007.
&DNM.2006-91-17
SECTION 57. P.L.91-2006, SECTION 17, IS AMENDED TO
READ AS FOLLOWS: SECTION 17. (a) Before September 1, 2006,
the Indiana gaming commission shall amend forms and affidavits
prescribed by the department of state revenue under IC 4-32 (before its
repeal) to comply with IC 4-32.2-4-4 and IC 4-32.2-4-17, both as added
by this act.
(b) This SECTION expires January 1, 2007.
SECTION 58. P.L.91-2006, SECTION 18, IS AMENDED TO
READ AS FOLLOWS: SECTION 18. Notwithstanding IC 4-32.2, as
added by this act, or any other law, the Indiana gaming commission
may adopt emergency rules under IC 4-22-2-37.1 before July 1, 2006,
to facilitate the transfer of the duty to administer charity gaming from
the department of state revenue to the Indiana gaming commission.
SECTION 59. P.L.92-2006, SECTION 2, IS AMENDED TO READ
AS FOLLOWS: SECTION 2. IC 6-2.5-5-39, as amended by this act,
applies to retail transactions occurring after June 30, 2006.
SECTION 60. P.L.95-2006, SECTION 11, IS AMENDED TO
READ AS FOLLOWS: SECTION 11. (a) Notwithstanding IC
14-9-6-3, the terms of all members of the advisory councils created by
IC 14-9-6-1, before its amendment by this act, expire June 30, 2006.
(b) Before July 1, 2006, the governor shall appoint twelve (12)
members to the advisory council established by IC 14-9-6-1, as
amended by this act, as follows:
(1) Four (4) members shall be appointed for a term of one (1)
year.
(2) Four (4) members shall be appointed for a term of two (2)
years.
(3) Four (4) members shall be appointed for a term of three (3)
years.
The initial terms of the members appointed under this SECTION begin
July 1, 2006.
(c) Eight (8) of the members appointed under subsection (b) must
be individuals who, before July 1, 2005, served as members of an
advisory council created by IC 14-9-6-1, before its amendment by this
act.
(d) This SECTION expires July 1, 2009.
SECTION 61. P.L.96-2006, SECTION 2, IS AMENDED TO READ
AS FOLLOWS: SECTION 2. (a) As used in this SECTION,
"comprehensive care bed" means a bed that:
(1) is licensed or is to be licensed under IC 16-28-2;
(2) functions as a bed licensed under IC 16-28-2; or
(3) is subject to IC 16-28.
The term does not include a comprehensive care bed that will be used
solely to provide specialized services and that is subject to IC 16-29.
(b) This SECTION does not apply to the following:
(1) A hospital licensed under IC 16-21-2 that in accordance with
IC 16-29-3-1, as amended by this act, converts not more than:
(A) thirty (30) acute care beds to skilled care comprehensive
long term care beds; and
(B) an additional twenty (20) acute care beds to either
intermediate care comprehensive long term care beds or
skilled care comprehensive long term care beds;
that are to be certified for participation in a state or federal
reimbursement program, including a program under Title XVIII
of the Social Security Act (42 U.S.C. 1395 et seq.) or the state
Medicaid program, if those beds will function essentially as beds
licensed under IC 16-28.
(2) A health facility licensed or to be licensed under IC 16-28 that
is under development on June 30, 2006, to add, construct, or
convert comprehensive care beds. In determining whether a
health facility is under development on June 30, 2006, the state
department shall consider:
(A) whether:
(i) architectural plans have been completed;
(ii) funding has been received;
(iii) zoning requirements have been met; and
(iv) construction plans for the project have been approved
by the state department and the division of fire and building
safety; and
(B) any other evidence that the state department determines is
an indication that the health facility is under development.
(c) Comprehensive care beds may not be added or constructed in
Indiana.
(d) Residential beds licensed under IC 16-28-2 and unlicensed beds
may not be converted to comprehensive care beds.
(e) The Indiana health facilities council may not recommend and the
state department of health may not approve the certification of new or
converted comprehensive care beds for participation in a state
reimbursement program, including the state Medicaid program.
(f) This SECTION expires June 30, 2007.
SECTION 62. P.L.99-2006, SECTION 1, IS AMENDED TO READ
AS FOLLOWS: SECTION 1. (a) Notwithstanding IC 21-3-1.7-9.8,
each school corporation may use the school corporation's academic
honors diploma award to purchase United States savings bonds for
graduating students who:
(1) graduate during 2006 and 2007; and
(2) earn an academic honors diploma.
(b) This SECTION expires January 1, 2009.
SECTION 63. P.L.99-2006, SECTION 2, IS AMENDED TO READ
(1) graduate during 2005, 2006, or 2007; and
(2) earn academic honors diplomas;
may be honored in accordance with the terms of the commitment.
(b) This SECTION expires January 1, 2009.
SECTION 64. P.L.100-2006, SECTION 13, IS AMENDED TO
READ AS FOLLOWS: SECTION 13. (a) As used in this SECTION,
"board" refers to the water pollution control board established by IC
13-18-1.
(b) All waters designated under 327 IAC 2-1.5-19(b) as outstanding
state resource waters shall be maintained and protected in their present
quality in accordance with the antidegradation implementation
procedures for the outstanding state resource waters established by the
board for waters in the Great Lakes system. Nothing except IC
13-18-3-2 affects the authority of the board to amend 327 IAC
5-2-11.7. Any rule adopted by the board contrary to this standard is
void.
(c) All waters designated as outstanding state resource waters under
327 IAC 2-1-2(3) and waters designated as exceptional use waters
under 327 IAC 2-1-6(i) shall be maintained and protected in
accordance with 327 IAC 2-1-2(1) and 327 IAC 2-1-2(2). If a permittee
seeks a new or increased discharge for which a new or increased permit
limit is required and that amounts to a significant lowering of water
quality, the permittee shall demonstrate an overall improvement in
water quality in the outstanding state resource water or exceptional use
water, subject to:
(1) the approval of the department of environmental management;
and
(2) IC 13-18-3-2(m)(2)(A) and IC 13-18-3-2(m)(2)(B).
(d) Any rule adopted by the board before July 1, 2006, is void to the
extent that it:
(1) is inconsistent with this SECTION; or
(2) requires protection of waters beyond the protection required
by 327 IAC 2-1-2(1) and 327 IAC 2-1-2(2).
(e) Before July 1, 2008, the board shall amend 327 IAC 2-1-2, 327
IAC 2-1-6, and 327 IAC 2-1.5-4 to reflect this SECTION.
(f) This SECTION expires on the earlier of:
(1) the effective date of the rule amendments adopted by the
board under subsection (e); or
(2) July 1, 2008.
&DNM.2006-100-14
SECTION 65. P.L.100-2006, SECTION 14, IS AMENDED TO
READ AS FOLLOWS: SECTION 14. (a) Until July 1, 2008, the
following apply to a water body designated before October 1, 2002, as
an exceptional use water:
(1) The water body is subject to the overall water quality
improvement provisions of IC 13-18-3-2(l).
(2) The water body is not subject to a standard of having its water
quality maintained and protected without degradation consistent
with the provisions of P.L.140-2000.
(b) Before July 1, 2008, the water pollution control board
established under IC 13-18-1 shall:
(1) determine whether, effective July 1, 2008, to designate as an
outstanding state water each water designated before October 1,
2002, as an exceptional use water under 327 IAC 2-1-11; and
(2) complete rulemaking to make any designation determined
under subdivision (1).
(c) This SECTION expires July 1, 2008.
SECTION 66. P.L.100-2006, SECTION 15, IS AMENDED TO
READ AS FOLLOWS: SECTION 15. IC 13-14-9-3 and IC 13-14-9-4,
both as amended by this act, apply only to proposed rules for which the
department of environmental management provides notice under IC
13-14-9-3, as amended by this act, after June 30, 2006.
SECTION 67. P.L.100-2006, SECTION 16, IS AMENDED TO
READ AS FOLLOWS: SECTION 16. (a) The environmental quality
service council established under IC 13-13-7 shall study and make
findings and recommendations concerning the positive and negative
aspects of enacting legislation that would prohibit rules adopted under
IC 13 from being more stringent than corresponding provisions of
federal law.
(b) The environmental quality service council shall include its
findings and recommendations developed under subsection (a) in the
environmental quality service council's 2006 final report to the
legislative council.
(c) This SECTION expires January 1, 2007.
SECTION 68. P.L.101-2006, SECTION 40, IS AMENDED TO
READ AS FOLLOWS: SECTION 40. (a) This SECTION does not
apply to the emergency medical services fund established by IC
16-31-8.5-3.
(b) After June 30, 2006, the following apply:
(1) The:
(A) emergency management fund;
(B) fire services fund;
(C) building services fund;
(D) emergency medical services fund; and
(E) stewardship fund;
established by IC 10-15-3-1 are abolished.
(2) All money contained in the funds listed in subdivision (1) is
transferred to the Indiana homeland security fund established by
IC 10-15-3-1, as amended by this act.
&DNM.2006-111-12
SECTION 69. P.L.111-2006, SECTION 12, IS AMENDED TO
READ AS FOLLOWS: SECTION 12. (a) IC 6-2.5-8-1, as amended by
this act, applies to all registered retail merchant's certificates renewed
after December 31, 2006, regardless of when the applicant applied to
the department of state revenue to have the certificate renewed.
(b) All registered retail merchant's certificates issued by the
department of state revenue before December 1, 2006, expire on
December 31, 2006. All registered retail merchant's certificates issued
by the department of state revenue after November 30, 2006, and
before January 1, 2007, expire on December 31, 2008. However, to
spread the workload of renewing registered retail merchant's
certificates throughout a state fiscal year, the department of state
revenue may establish a staggered renewal schedule, delaying the
expiration date that would otherwise apply under this SECTION to a
certificate until the expiration date set by the department of state
revenue. The department of state revenue may not delay the expiration
of a certificate under this subsection for more than one (1) year.
(c) This subsection applies to registered retail merchant's certificates
that expire under this SECTION before March 2, 2007. The department
of state revenue, at least sixty (60) days before the date on which a
retail merchant's registered retail merchant's certificate expires, shall
notify a retail merchant who is delinquent in remitting sales or use tax
that under IC 6-2.5-8-1(g), as amended by this act, the department of
state revenue will not renew the retail merchant's registered retail
merchant's certificate.
(d) To carry out this act, the department of state revenue may adopt
temporary rules in the manner provided for the adoption, filing, and
publication of emergency rules under IC 4-22-2-37.1. A temporary rule
adopted under this subsection expires on the earliest of the following:
(1) The date that another temporary rule is adopted under this
subsection to replace the previously adopted temporary rule.
(2) The date that a permanent rule is adopted under IC 4-22-2 to
replace a temporary rule.
(3) January 1, 2009.
&DNM.2006-112-3
SECTION 70. P.L.112-2006, SECTION 3, IS AMENDED TO
READ AS FOLLOWS: SECTION 3. (a) As used in this SECTION,
"task force" refers to the water shortage task force established by IC
14-25-14-2, as added by this act.
(b) The director of the department of natural resources shall make
appointments to the task force by July 1, 2006.
(c) Notwithstanding IC 14-25-14-3(a), as added by this act, the
initial terms of the members of the task force are as follows:
(1) Fifty percent (50%) of the members for a term of two (2)
years.
(2) Fifty percent (50%) of the members for a term of four (4)
years.
The director of the department of natural resources shall designate
whether a member is appointed to a term described in subdivision (1)
(d) The initial term of a member of the task force begins July 1,
2006.
(e) The task force shall complete an initial revision of the 1994
water shortage plan that includes the elements set forth in IC
14-25-14-2, as added by this act, before July 1, 2009, and present the
revised plan to the water resources study committee established by IC
2-5-25-1 for review.
(f) This SECTION expires July 1, 2010.
SECTION 71. P.L.115-2006, SECTION 3, IS AMENDED TO
READ AS FOLLOWS: SECTION 3. (a) As used in this SECTION,
"fund" refers to the public employees' retirement fund established by
IC 5-10.3-2-1.
(b) Not later than December 1, 2006, the fund shall pay the amount
determined under subsection (c) to a member of the fund (or to a
survivor or beneficiary of a member) who retired or was disabled
before January 1, 2006, and who is entitled to receive a monthly benefit
on November 1, 2006. The amount shall be paid as a single check and
is not an increase in the pension portion of the monthly benefit.
(c) The amount paid under this SECTION to a member of the fund
(or to a survivor or beneficiary of a member) who meets the
requirements of subsection (b) is determined as follows:
If a Member's The Amount of the
Creditable Service Is: Check Is:
At least 10 years, but less than 15 years $50
At least 15 years, but less than 20 years $100
At least 20 years, but less than 25 years $150
At least 25 years, but less than 30 years $200
At least 30 years $250
(d) The creditable service used to determine the amount paid to a
member (or to a survivor or beneficiary of a member) under this
SECTION is the creditable service that was used to compute the
member's retirement benefit under IC 5-10.2-4-4, except that partial
years of creditable service may not be used to determine the amount
paid under this SECTION.
(e) This SECTION expires December 1, 2006.
SECTION 72. P.L.125-2006, SECTION 12, IS AMENDED TO
READ AS FOLLOWS: SECTION 12. (a) IC 35-43-5-3.5, as amended
by this act, and IC 35-43-5-4.3, as added by this act, apply only to
crimes committed after June 30, 2006.
(b) IC 35-50-5-3, as amended by this act, applies only to persons
sentenced after June 30, 2006.
SECTION 73. P.L.126-2006, SECTION 5, IS AMENDED TO
READ AS FOLLOWS: SECTION 5. (a) As used in this SECTION,
"board" means the sexual assault standards and certification board
(b) The initial terms of office for the ten (10) members appointed to
the board under IC 4-23-25-11, as added by this act, are as follows:
(1) Three (3) members for a term of four (4) years.
(2) Three (3) members for a term of three (3) years.
(3) Two (2) members for a term of two (2) years.
(4) Two (2) members for a term of one (1) year.
The governor shall specify the term of each member described in this
subsection when making the initial appointment.
(c) The initial terms begin July 1, 2006.
(d) The governor shall convene the first meeting of the board.
(e) The first meeting of the board shall convene not later than
October 1, 2006.
(f) This SECTION expires July 1, 2010.
SECTION 74. P.L.126-2006, SECTION 6, IS AMENDED TO
READ AS FOLLOWS: SECTION 6. (a) All assets, funds, rights, and
obligations of the sexual assault victims assistance fund established by
IC 16-19-13-6, as repealed by this act, on June 30, 2006, are transferred
to the sexual assault victims assistance account established by IC
4-23-25-11, as added by this act, on July 1, 2006.
(b) This SECTION expires July 2, 2006.
SECTION 75. P.L.127-2006, SECTION 4, IS AMENDED TO
READ AS FOLLOWS: SECTION 4. IC 27-8-5-2.5, IC 27-8-5-16.5,
and IC 27-8-5-19, all as amended by this act, apply to a certificate of
coverage under a nonemployer based association group policy of
accident and sickness insurance that is issued, delivered, amended, or
renewed after June 30, 2006.
SECTION 76. P.L.129-2006, SECTION 3, IS AMENDED TO
READ AS FOLLOWS: SECTION 3. IC 35-42-2-1.3, as amended by
this act, and IC 35-42-2-9, as added by this act, apply only to crimes
committed after June 30, 2006.
SECTION 77. P.L.132-2006, SECTION 5, IS AMENDED TO
READ AS FOLLOWS: SECTION 5. (a) In addition to any other
appropriations to the department of natural resources, there is
appropriated to the department of natural resources ten million dollars
($10,000,000) from the lifetime hunting, fishing, and trapping license
trust fund for its use in carrying out the purposes of IC 14-22-4-6, as
amended by this act, beginning July 1, 2005 and ending July 1, 2007.
Any part of the appropriation not expended or encumbered on June 30,
2006, continues to be available for the fiscal year beginning July 1,
2006 and ending June 30, 2007.
(b) This SECTION expires July 1, 2007.
&DNM.2006-133-1
SECTION 78. P.L.133-2006, SECTION 1, IS AMENDED TO
READ AS FOLLOWS: SECTION 1. (a) The environmental quality
service council established under IC 13-13-7 shall study and make
findings and recommendations concerning the following:
(1) The most effective ways of implementing the Renewable
Fuels Standards of the federal Energy Policy Act of 2005 in
Indiana.
(2) The feasibility of requiring motor vehicles sold in Indiana to
meet the flexible fuel vehicle standards of:
(A) eighty-five percent (85%) ethanol (E85) motor fuel for
gasoline powered motor vehicles; and
(B) twenty percent (20%) biodiesel (B20) motor fuel for diesel
powered motor vehicles.
(3) The regulation of outdoor wood-burning furnaces.
(4) The use of methane gas from landfills and anaerobic digestion
as a fuel source.
(b) The environmental quality service council shall include its
findings and recommendations developed under subsection (a) in the
environmental quality service council's 2006 final report to the
legislative council.
(c) This SECTION expires January 1, 2007.
SECTION 79. P.L.135-2006, SECTION 22, IS AMENDED TO
READ AS FOLLOWS: SECTION 22. This act does not affect a legal
proceeding or appeal initiated under IC 24-2-1 before July 1, 2006.
SECTION 80. P.L.137-2006, SECTION 15, IS AMENDED TO
READ AS FOLLOWS: SECTION 15. IC 6-2.5-5-41, as added by this
act, applies to transactions occurring after December 31, 2006.
SECTION 81. P.L.137-2006, SECTION 16, IS AMENDED TO
READ AS FOLLOWS: SECTION 16. IC 6-3.1-13-15.5, as amended
by this act, applies to applications for credits filed under IC 6-3.1-13
after March 31, 2006.
SECTION 82. P.L.137-2006, SECTION 17, IS AMENDED TO
READ AS FOLLOWS: SECTION 17. (a) The definitions set forth in
IC 6-3.1-30, including IC 6-3.1-30-2, as amended by this act, apply
throughout this SECTION.
(b) Notwithstanding the effective dates included in P.L.193-2005,
SECTION 21 of P.L.193-2005 takes effect January 1, 2006, and not
January 1, 2007.
(c) Notwithstanding SECTION 24 of P.L.193-2005, an eligible
business is entitled to a credit under IC 6-3.1-30 for relocation costs
that are incurred for a qualifying project during a taxable year
beginning after December 31, 2005.
(d) Notwithstanding SECTION 21 of P.L.193-2005 and SECTION
24 of P.L.193-2005, IC 6-3.1-20-2, IC 6-3.1-30-8, and IC 6-3.1-30-12,
all as amended by this act, apply to taxable years beginning after
December 31, 2005.
SECTION 83. P.L.137-2006, SECTION 18, IS AMENDED TO
READ AS FOLLOWS: SECTION 18. IC 27-5.1-2-8, as amended by
this act, applies only to taxable years beginning after December 31,
2005.
SECTION 84. P.L.138-2006, SECTION 15, IS AMENDED TO
READ AS FOLLOWS: SECTION 15. IC 16-41-9-1.5(t), as added by
this act, applies only to crimes committed after June 30, 2006.
SECTION 85. P.L.138-2006, SECTION 16, IS AMENDED TO
READ AS FOLLOWS: SECTION 16. In carrying out its duties under
IC 16-41-9, a public health authority (as defined in IC 16-18-2-298.5,
as added by this act) shall attempt to seek the cooperation of cases,
carriers, contacts, or suspect cases to implement the least restrictive but
medically necessary procedures to protect the public health.
SECTION 86. P.L.139-2006, SECTION 7, IS AMENDED TO
READ AS FOLLOWS: SECTION 7. IC 35-44-3-13, as added by this
act, applies only to crimes committed after June 30, 2006.
SECTION 87. P.L.139-2006, SECTION 8, IS AMENDED TO
READ AS FOLLOWS: SECTION 8. IC 35-50-6-1, as amended by this
act, applies only to a person who commits a crime after June 30, 2006.
SECTION 88. P.L.139-2006, SECTION 9, IS AMENDED TO
READ AS FOLLOWS: SECTION 9. (a) The department of correction
shall report to the budget committee on or before August 1, 2006,
concerning the estimated costs of implementing IC 11-13-3-4(i), as
added by this act, and the feasibility of recovering those costs from
offenders.
(b) This SECTION expires July 1, 2007.
SECTION 89. P.L.139-2006, SECTION 10, IS AMENDED TO
READ AS FOLLOWS: SECTION 10. (a) The department of
correction shall report to the legislative council before November 1 of
each year concerning the department's implementation of lifetime
parole and GPS monitoring for sex offenders. The report must include
information relating to:
(1) the expense of lifetime parole and GPS monitoring;
(2) recidivism; and
(3) any proposal to make the program of lifetime parole and GPS
monitoring less expensive or more effective, or both.
(b) The report described in subsection (a) must be in an electronic
format under IC 5-14-6.
(c) This SECTION expires November 2, 2010.
SECTION 90. P.L.139-2006, SECTION 11, IS AMENDED TO
READ AS FOLLOWS: SECTION 11. (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 s