Indiana Code ./noncode/2006.html-./noncode/2006.html-./noncode/2006.html

&DNM.2006-1-589
    SECTION 1. P.L.1-2006, SECTION 589, IS AMENDED TO READ AS FOLLOWS: SECTION 589. (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 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.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.
        (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

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.2006-1-591
    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.

&DNM.2006-1-592

    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.

&DNM.2006-3-3
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

date of this act.

&DNM.2006-5-2
    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.

&DNM.2006-8-4
    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

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.
(c) The commission shall operate under the policies governing study committees adopted by the legislative council.
(d) This SECTION expires December 31, 2006.

&DNM.2006-15-6
SECTION 10. P.L.15-2006, SECTION 6, IS AMENDED TO READ AS FOLLOWS: SECTION 6. (a) Before July 1, 2006, the department

of environmental management shall prescribe the form required under IC 13-25-3-7.5, as added by this act.
(b) This SECTION expires July 1, 2006.

&DNM.2006-18-1
    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

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.
    (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

nursing facility or a health facility; and
            (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

5-14-6.
(i) This SECTION applies to school years beginning after June 30, 2006.
(j) This SECTION expires December 31, 2009.

&DNM.2006-23-1
    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.

&DNM.2006-25-1
    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)

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:
        (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.

&DNM.2006-26-3
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.

&DNM.2006-27-63
    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.

&DNM.2006-27-64

collection period monitored by the commission during the four year period specified under subsection (c).

&DNM.2006-27-65
    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.

&DNM.2006-29-4
    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

contributions are received and reconciled in accordance with the member's most recent effective direction.
        (3) Notwithstanding IC 2-3.5-5-3(c) and IC 2-3.5-5-3(d), when a member retires, becomes disabled, dies, or withdraws from the fund, the amount credited to the member is the market value of the member's investment as of five (5) business days preceding the member's distribution or annuitization at retirement, disability, death, or withdrawal, plus contributions received after that date.
        (4) Notwithstanding IC 2-3.5-5-4, contributions to the fund under IC 2-3.5-5-4 must be credited to the fund not later than the last day of the quarter in which the contributions were deducted.
        (5) Notwithstanding IC 2-3.5-5-5, the state shall make contributions under IC 2-3.5-5-5 to the fund not later than the last day of each quarter. The contributions must equal twenty percent (20%) of the annual salary received by each participant during that quarter.
    (e) Before November 1, 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.

&DNM.2006-29-5
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.

&DNM.2006-32-4
    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.

&DNM.2006-33-4
SECTION 22. P.L.33-2006, SECTION 4, IS AMENDED TO READ

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:
(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.

&DNM.2006-35-1
    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,

appointed by the governor.
        (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.

&DNM.2006-45-3
    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,

as added by this act.
(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.

&DNM.2006-47-63
    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).

&DNM.2006-47-65
    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.

&DNM.2006-51-6
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.

&DNM.2006-52-3
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.

&DNM.2006-54-5
    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.

&DNM.2006-54-6
    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.

&DNM.2006-58-9
    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.

&DNM.2006-58-11
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.

&DNM.2006-58-12
    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.

&DNM.2006-61-8
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.

&DNM.2006-61-9
SECTION 38. P.L.61-2006, SECTION 9, IS AMENDED TO READ

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
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.

&DNM.2006-66-32
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.

&DNM.2006-67-18
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.

&DNM.2006-67-19
    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.

&DNM.2006-67-20
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

only to property taxes first due and payable after December 31, 2005.

&DNM.2006-67-21
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.

&DNM.2006-67-22
    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).

&DNM.2006-69-3
    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.

&DNM.2006-70-2

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.

&DNM.2006-72-10
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.

&DNM.2006-75-4
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.

&DNM.2006-77-2
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.

&DNM.2006-80-18
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.

of the court.
(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.

&DNM.2006-86-1
    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.

&DNM.2006-89-17
    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

AS FOLLOWS: SECTION 1. (a) As used in this SECTION, "office" refers to the office of the secretary of family and social services.
    (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.

&DNM.2006-91-16
    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.

&DNM.2006-91-18
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.

&DNM.2006-92-2
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.

&DNM.2006-95-11
    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.

&DNM.2006-96-2
    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.

&DNM.2006-99-1
    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.

&DNM.2006-99-2
SECTION 63. P.L.99-2006, SECTION 2, IS AMENDED TO READ

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:
        (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.

&DNM.2006-100-13
    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.

&DNM.2006-100-15
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.

&DNM.2006-100-16
    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.

&DNM.2006-101-40
    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.

or a term described in subdivision (2).
    (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.

&DNM.2006-115-3
    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.

&DNM.2006-125-12
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.

&DNM.2006-126-5
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

established by IC 4-23-25-11, as added by this act.
    (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.

&DNM.2006-126-6
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.

&DNM.2006-127-4
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.

&DNM.2006-129-3
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.

&DNM.2006-132-5
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.

&DNM.2006-135-22
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.

&DNM.2006-137-15
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.

&DNM.2006-137-16
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.

&DNM.2006-137-17
    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.

&DNM.2006-137-18
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.

&DNM.2006-138-15
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.

&DNM.2006-138-16
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.

&DNM.2006-139-7
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.

&DNM.2006-139-8
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.

&DNM.2006-139-9
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.

&DNM.2006-139-10
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.

&DNM.2006-139-11
    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