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2012-5-2
SECTION 2. (a) As used in this SECTION, "committee" refers to
the regulatory flexibility committee established under IC 8-1-2.6-4.
(b) As used in this SECTION, "improvement project" means a
project undertaken by a unit of local government that involves the
relocation of a utility's facility.
(c) The general assembly urges the legislative council to assign the
committee the task of studying the topic of utility facility relocation in
improvement projects, including:
(1) the appropriate management of an improvement project,
including preconstruction communications and planning,
scheduling, development of work plans, and expectations and
obligations of parties to the improvement project;
(2) the appropriateness of applying rules of the Indiana
department of transportation concerning utility facility relocation
codified at 105 IAC 13 to improvement projects; and
(3) the appropriateness of creating a civil right of action for
purposes of improvement projects similar to the civil right of
action created at IC 8-23-2-5(c) for highway improvement
projects undertaken by the Indiana department of transportation.
(d) If the committee is assigned the topic described in subsection
(c), the committee shall issue a final report to the legislative council
containing the commission's findings and recommendations, if any, not
later than November 1, 2012.
(e) This SECTION expires June 30, 2013.
2012-12-1
SECTION 1. (a) As used in this SECTION, "committee" refers to
the education issues interim study committee established under
subsection (b).
(b) The legislative council, under IC 2-5-1.1-5(a)(2), shall establish
an interim study committee to be known as the education issues interim
study committee. The committee shall do the following:
(1) Study the feasibility of establishing a process by which
residents of a part of an existing school corporation may elect to
disannex from an existing school corporation and either annex to
another existing school corporation or establish a new school
corporation.
(2) Study any additional topics the legislative council considers
necessary.
2012-20-1
SECTION 1. (a) The following definitions apply to this SECTION:
(1) "Committee" refers to the hospital assessment fee committee
established by this SECTION.
(2) "Fee" refers to the hospital assessment fee authorized by this
SECTION.
(3) "Fee period" means the two (2) year state fiscal year period
beginning July 1, 2011, and ending June 30, 2013.
(4) "Hospital" means an entity that meets the definition set forth
in IC 16-18-2-179(b) and is licensed under IC 16-21-2. This term
may include a private psychiatric hospital licensed under
IC 12-25. The term does not include the following:
(A) A state mental health institution operated under
IC 12-24-1-3.
(B) A hospital:
(i) designated by the Medicaid program as a long term care
hospital;
(ii) that has an average inpatient length of stay that is greater
than twenty-five (25) days, as determined by the office of
Medicaid policy and planning under the Medicaid program;
(iii) that is a Medicare certified, freestanding rehabilitation
hospital; or
(iv) that is a hospital operated by the federal government.
(5) "Office" refers to the office of Medicaid policy and planning
established by IC 12-8-6-1.
(b) Subject to subsections (c) and (g), the office may charge a
hospital assessment fee to hospitals under this SECTION during the fee
period if the following conditions are met:
(1) The fee may be used only for the purposes described in
subsections (h)(1), (k), (m), and (p).
(2) The Medicaid state plan amendments and waiver requests
required for the implementation of this SECTION are submitted
by the office to the United States Department of Health and
Human Services before October 1, 2011.
(3) The United States Department of Health and Human Services
approves the Medicaid state plan amendments and waiver
requests, or revisions of the Medicaid state plan amendments and
waiver requests, described in subdivision (2):
(A) not later than October 1, 2012; or
(B) after October 1, 2012, if the date is established by the
committee. The committee may establish a date:
(i) at any time before July 1, 2013; and
(ii) an unlimited number of times before July 1, 2013.
paid under federal Medicare payment principles.
(g) The office shall not submit to the United States Department of
Health and Human Services any Medicaid state plan amendments,
waiver requests, or any revisions to any Medicaid state plan
amendments or waiver requests, to implement or continue the
implementation of this SECTION until the committee has reviewed and
approved the amendments, waivers, or revisions described in this
subsection and submitted a written report to the state budget committee
concerning the amendments, waivers, or revisions described in this
subsection, including the following:
(1) The methodology to be used by the office in calculating the
increased Medicaid reimbursement under the programs described
in subsection (f).
(2) The methodology to be used by the office in calculating,
imposing, collecting, or any other matter relating to the fee
authorized by this SECTION.
(3) The determination of Medicaid disproportionate share
allotments for the fee period under subsection (m) that are to be
funded by the fee authorized by this SECTION, including the
formula for distributing the Medicaid disproportionate share
payments.
(4) The distribution to private psychiatric institutions under
subsection (o).
(h) This subsection applies to the programs described in subsection
(f). The state share dollars for the programs shall consist of the
following:
(1) Fees paid under this SECTION.
(2) The hospital care for the indigent funds allocated under
subsection (l).
(3) Other sources of state share dollars available to the office,
excluding intergovernmental transfers of funds made by or on
behalf of a hospital.
The money described in subdivisions (1) and (2) may be used only to
fund the portion of the payments that are in excess to the Medicaid
reimbursement rates in effect on June 30, 2011.
(i) This subsection applies to the programs described in subsection
(f). If the state is unable to maintain the funding under subsection
(h)(3) for the payments at Medicaid reimbursement levels in effect on
June 30, 2011, because of budgetary constraints, the office shall reduce
inpatient and outpatient hospital Medicaid reimbursement rates under
subsection (f)(1) or (f)(2) or request from the committee and the United
States Department of Health and Human Services to increase the fee to
prevent a decrease in Medicaid reimbursement for hospital services. If
the:
(1) committee:
(A) does not approve a reimbursement reduction; or
(B) does not approve an increase in the fee; or
(2) the United States Department of Health and Human Services
does not approve an increase in the fee;
the office shall cease to collect the fee and the programs described in
subsection (f) shall end.
fee collected under this SECTION in installments.
(t) If a hospital fails to pay the fee established under this SECTION
within ten (10) days of the payment date, the hospital shall pay to the
office interest on the fee at the same rate as the rate determined under
IC 12-15-21-3(6)(A).
(u) The office shall report to the state department of health each
hospital that fails to pay the fee established under this SECTION within
one hundred twenty (120) days of the date the payment is due. The
state department shall do the following concerning a hospital described
in this subsection:
(1) Notify the hospital that the hospital's license under IC 16-21
will be revoked if the fee is not paid.
(2) Revoke the hospital's license under IC 16-21 if the hospital
fails to pay the fee.
IC 4-21.5-3-8 and IC 4-21.5-4 apply to this subdivision.
(v) Payments for the programs described in subsection (f) shall be
limited to claims for dates of services provided during the fee period
and that are timely filed with the office or a contractor of the office.
Payments for the programs described in subsection (f) during the fee
period and distributions to hospitals in accordance with this SECTION
may occur after the expiration of this SECTION.
(w) This SECTION expires September 1, 2013. However, the office
may not assess a hospital a fee described in this SECTION after June
30, 2013.
2012-28-26
SECTION 26. (a) As used in this SECTION, "pain management
facility" means a facility:
(1) in which the primary component of practice at the facility is
the treatment of pain; or
(2) that advertises for the treatment of pain; and
the majority of patients at the facility are prescribed controlled
substances or other drugs.
(b) The general assembly urges the legislative council to assign to
a study committee, for study during the 2012 legislative interim, the
topic of pain management facilities, including the following:
(1) The effectiveness of current laws and rules in Indiana to
regulate and monitor pain management facilities and prescribers
of controlled substances.
(2) Programs and regulations in other states that effectively
regulate and monitor pain management facilities and prescribers
of controlled substances.
(c) If the topic of pain management facilities is assigned to a study
committee, the study committee shall issue a final report to the
legislative council containing the study committee's findings and
recommendations, including any recommended legislation concerning
the topic, not later than November 1, 2012.
(d) This SECTION expires June 30, 2013.
2012-36-2
SECTION 2. (a) This SECTION does not apply to public pension or
retirement funds managed and administered by the Indiana public
retirement system established by IC 5-10.5-2-1.
(b) As used in this SECTION, "commission" refers to the pension
management oversight commission established by IC 2-5-12-1.
(c) As used in this SECTION, "retirement plan of the state or a
political subdivision" refers to a retirement plan of the state or a
political subdivision listed in IC 5-10-1.5-1.
(d) The general assembly urges the legislative council to assign the
commission the task of studying the following:
(1) The system under which a retirement plan of the state or a
political subdivision shall periodically report its operating and
financial condition to the state and the general assembly.
(2) The information to be included in the reporting system
described in subdivision (1).
(3) The entity or entities to receive and analyze the information
submitted under the reporting system described in subdivision (1).
(4) The anticipated costs of administering the reporting system
described in subdivision (1), including a funding mechanism to
pay the system's administrative costs.
(e) If the commission is assigned the topic described in subsection
(d), the commission shall issue to the legislative council a final report
containing the commission's findings and recommendations, including
any recommended legislation concerning the topic, in an electronic
format under IC 5-14-6 not later than November 1, 2012.
(f) This SECTION expires December 31, 2012.
2012-37-60
SECTION 60. (a) The commission on state tax and financing policy
established under IC 2-5-3 shall, during the interim in 2012 between
sessions of the general assembly, study issues related to the financing
of solid waste management districts, including:
(1) property tax levies allowed under IC 13-21 and related statutes
under IC 6-1.1;
(2) district final disposal fees set forth in IC 13-21-13;
(3) district solid waste management fees set forth in IC 13-21-14;
and
(4) any other funding sources that are available to and used by
districts.
(b) The environmental quality service council established under
IC 13-13-7-1 shall, during the interim in 2012 between sessions of the
general assembly, study issues concerning the powers of solid waste
management districts to:
(1) establish and issue permits; and
(2) impose and collect fees;
that are not specifically authorized by a statute.
(c) This SECTION expires January 1, 2013.
2012-42-3
SECTION 3. (a) The general assembly urges the legislative council
to assign to an existing study committee, for study during the 2012
legislative interim, the topic of powers of attorney.
2012-48-76
SECTION 76. (a) As used in this SECTION, "committee" refers to
the interim study committee on underserved youth with mental health
issues, as established by subsection (b).
(b) There is established the interim study committee on underserved
youth with mental health issues. The committee shall study:
(1) whether prosecuting attorneys should be allowed to file a
petition alleging that a child is a child in need of services under
IC 31-34-1-6; and
(2) the unmet mental health needs of children within the juvenile
justice system, including children in need of services and
delinquent children.
(c) The committee shall operate under the policies governing study
committees adopted by the legislative council.
(d) The committee consists of the following members:
(1) Four (4) senators appointed by the president pro tempore of
the senate in consultation with the minority leader of the senate,
not more than two (2) of whom may be members of the same
political party.
(2) Four (4) representatives appointed by the speaker of the house
of representatives in consultation with the minority leader of the
house of representatives, not more than two (2) of whom may be
members of the same political party.
(3) The chairperson of the juvenile justice improvement
committee.
(4) The president of the Indiana council of juvenile and family
court judges.
(5) The director of the department of child services or the
director's designee.
(6) The director of the division of mental health and addiction or
the director's designee.
(7) The executive director of the prosecuting attorneys council or
the executive director's designee.
(8) The executive director of the public defenders council or the
executive director's designee.
(9) The state superintendent of public instruction or the state
superintendent's designee.
(10) The commissioner of the department of correction or the
commissioner's designee.
(e) The affirmative votes of a majority of the members of the
committee are required for the committee to take action on any
measure, including final reports.
(f) This SECTION expires December 31, 2013.
2012-48-77
SECTION 77. (a) As used in this SECTION, "committee" refers to
the department of child services interim study committee, as
established by subsection (b).
(b) There is established the department of child services interim
study committee. The committee shall do the following:
(1) Review and study the progress and improvements made by the
department of child services since its creation in 2005.
(2) Review best practices concerning child welfare, child mental
health, and delinquent children.
(3) Receive and review status reports from the department of
child services ombudsman.
(4) Review and study the department of child services child abuse
and neglect hotline, including the process used to refer a report to
a local office.
(5) Make legislative recommendations concerning the department
of child services.
(c) The committee shall operate under the policies governing study
committees adopted by the legislative council.
(d) The committee consists of the following members:
(1) Four (4) senators appointed by the president pro tempore of
the senate in consultation with the minority leader of the senate,
not more than two (2) of whom may be members of the same
political party.
(2) Four (4) representatives appointed by the speaker of the house
of representatives in consultation with the minority leader of the
house of representatives, not more than two (2) of whom may be
members of the same political party.
(3) The director of the department of child services or the
director's designee, who shall serve as a nonvoting member.
(4) The director of the division of mental health and addiction or
the director's designee, who shall serve as a nonvoting member.
(5) The executive director of the prosecuting attorneys council or
the executive director's designee, who shall serve as a nonvoting
member.
(6) The executive director of the public defenders council or the
executive director's designee, who shall serve as a nonvoting
member.
(7) A provider of foster care services to the department of child
services, who shall serve as a nonvoting member, appointed by
the president pro tempore of the senate.
(8) A provider of residential or group home services to the
department of child services, who shall serve as a nonvoting
member, appointed by the speaker of the house of representatives.
(9) One (1) juvenile or family court judge, who shall serve as a
nonvoting member, appointed by the president pro tempore of the
senate.
(10) One (1) juvenile or family court judge, who shall serve as a
nonvoting member, appointed by the speaker of the house of
representatives.
(e) The affirmative votes of a majority of the voting members of the
committee are required for the committee to take action on any
measure, including final reports.
(f) This SECTION expires December 31, 2013.
2012-63-94
2012-63-95
2012-69-7
recommendations, including any recommended legislation concerning
the topics, in an electronic format under IC 5-14-6 not later than
November 1, 2012.
2012-77-63
2012-77-64
2012-81-43
2012-81-44
2012-83-1
2012-86-2
2012-99-43
2012-104-1
2012-107-65
2012-107-66
2012-107-67
2012-107-68
2012-107-69
2012-109-17
budget committee. The office of management and budget shall develop
the transition plan in consultation with, but not limited to, the
following:
management and budget's Internet web site.
2012-109-18
2012-110-1
office of the secretary of family and social services shall report orally
and in writing to the health finance commission established by
IC 2-5-23-3 concerning the study conducted under this SECTION and
any recommendations resulting from the study.
2012-110-2
program.
2012-114-151
2012-121-6
2012-123-1
emergency and non-emergency medical transportation for health
facility residents.
2012-125-418
2012-126-65
2012-132-22
2012-132-23
2012-132-24
emergency telephone system fund established by a county under
IC 36-8-16-13 (before its repeal by this act on July 1, 2012) shall be
transferred on July 1, 2012, by the county treasurer to the county's 911
fund required to be set aside by the county treasurer under
IC 36-8-16.7-38(f), as added by this act.
2012-133-196
2012-133-197
2012-133-198
2012-137-125
2012-137-126
2012-137-127
2012-137-128
and 2013, requiring the district to seek funds in addition to the
amounts available to the district to provide essential fire
protection to district residents.
2012-137-129
2012-137-130
2012-137-131
2012-137-132
2012-137-133
2012-137-134
115-2012, SECTION 49. The general assembly intends to repeal that
provision.
2012-138-6
2012-138-7
2012-138-8
under this SECTION is the creditable service that was used to compute
the plan participant's retirement allowance under IC 5-10-5.5-10 and
IC 5-10-5.5-12, except that partial years of creditable service may not
be used to determine the amount paid under this SECTION.
2012-138-9
2012-142-1
appointed by the president pro tempore of the senate.
2012-144-7
2012-144-8
2012-144-9
beginning July 1, 2012, and ending June 30, 2013.
2012-145-28
2012-146-8
2012-146-9
shall issue a refund to the taxpayer for all taxes paid for the 2011
assessment date with respect to the exempt property.
2012-146-10
under IC 6-1.1-11 in a timely manner:
2012-146-11
2012-146-12
exemption is claimed on a Form 136 property tax exemption
application that is filed under this subsection.
2012-153-6
2012-156-1
2012-159-13
2012-160-67
2012-160-68
SECTION 95. (a) The budget agency shall separately calculate the
annual, projected growth in appropriated dollars for the:
(1) twenty-first century scholars program (IC 21-12-6);
(2) tuition and fee exemption for children of veterans program
(IC 21-14-4);
(3) tuition and fee exemption for children and spouses of National
Guard members program (IC 21-14-7); and
(4) tuition and fee exemption for Purple Heart recipients program
(IC 21-14-10);
for each state fiscal year beginning July 1, 2013, through June 30,
2031, using the appropriated amount for each program for the state
fiscal year beginning July 1, 2012, and report the annual, projected
growth in appropriated dollars for each program to the budget
committee before October 1, 2011.
(b) This SECTION expires October 1, 2013.
SECTION 7. (a) As used in this SECTION, "legislative council"
refers to the legislative council established by IC 2-5-1.1-1.
(b) As used in this SECTION, "study committee" means either of
the following:
(1) A statutory committee established under IC 2-5.
(2) An interim study committee.
(c) The legislative council is urged to assign the following topics to
a study committee during the 2012 legislative interim:
(1) The provisions of IC 24-4-18, as added by this act, concerning
criminal history providers.
(2) The need for any legislation to amend IC 24-4-18, as added by
this act, concerning criminal history providers before IC 24-4-18
takes effect on July 1, 2013.
(d) If the topics described in subsection (c) are assigned to a study
committee, the study committee shall issue a final report to the
legislative council containing the study committee's findings and
(e) This SECTION expires December 31, 2012.
SECTION 63. (a) An individual certified as:
(1) an emergency medical technician-basic advanced (as defined
in IC 16-18-2-112.5, before its repeal by this act); or
(2) an emergency medical technician-intermediate (as defined in
IC 16-18-2-112.7, before its repeal by this act);
on June 30, 2012, has two (2) years to comply with the new
requirements for certification under IC 16-31-3, as amended by this act.
(b) This SECTION expires July 1, 2014.
SECTION 64. (a) As used in this SECTION, "commission" refers
to the health finance commission established by IC 2-5-23-3.
(b) The commission shall study during the 2012 legislative interim
issues concerning the licensing of paramedics.
(c) This SECTION expires December 31, 2012.
SECTION 43. (a) Notwithstanding IC 27-1-23, as amended by this
act, the filing of an enterprise risk report under IC 27-1-23, as amended
by this act, is not required until the first date after June 30, 2013, on
which the filing is required by the insurance commissioner.
(b) This SECTION expires January 1, 2015.
SECTION 44. (a) IC 27-6-10, as amended by this act, applies to a
cession, by a ceding insurer to an assuming insurer, that occurs:
(1) after June 30, 2012; and
(2) under a reinsurance agreement that has an inception, renewal,
or anniversary date after December 31, 2012.
(b) This SECTION expires January 1, 2015.
SECTION 1. (a) The general assembly urges the legislative council
to study, during the 2012 legislative interim, the topic of creating a
centralized department of administrative law judges within the office
of the attorney general.
(b) If the topic of creating a centralized department of administrative
law judges within the office of the attorney general is studied under
subsection (a), the study committee shall consider:
(1) the experiences of Texas and other states that have
implemented the "Texas model";
(2) the experiences of other states that have implemented similar
models;
(3) the fiscal impact of implementing a centralized department of
administrative law judges;
(4) the practicality and logistics of implementing a centralized
department of administrative law judges; and
(5) any related issue as determined by the legislative council or
the chairperson of the study committee.
(c) If the topic of creating a centralized department of administrative
law judges within the office of the attorney general is studied under
subsection (a), the study committee shall issue a final report to the
legislative council containing the study committee's findings and
recommendations, including any recommended legislation concerning
the topic, not later than November 1, 2012.
(d) This SECTION expires December 31, 2012.
SECTION 2. (a) The legislative council shall establish an interim
study committee to:
(1) study obstacles to local food production, processing, and
distribution in Indiana; and
(2) make recommendations for action that will encourage farmers
and residents to produce, process, and distribute locally grown
food.
(b) The interim study committee described in subsection (a) shall
submit a final report to the legislative council before November 1,
2012. The report must include the interim study committee's findings
and recommendations, including any recommended legislation
concerning the issue of local food production, processing, and
distribution. The interim committee shall operate under the policies and
procedures of the legislative council.
(c) This SECTION expires January 1, 2013.
SECTION 43. (a) As used in this SECTION, "board" refers to the
Indiana state board of animal health established by IC 15-17-3-1.
(b) The board shall conduct a study of the issue of farmers selling
unpasteurized milk to consumers.
(c) The study required by subsection (b) must be concluded before
November 1, 2012.
(d) At the conclusion of the study, the board shall prepare a report
setting forth the results of the study not later than December 1, 2012.
The board shall:
(1) present the report to:
(A) the governor; and
(B) the legislative council in an electronic format under
IC 5-14-6; and
(2) make copies of the report available to the public.
(e) This SECTION expires June 30, 2013.
SECTION 1. (a) The general assembly urges the legislative council
to assign to an existing study committee, for study during the 2012
legislative interim, the following topics:
(1) Land banks.
(2) Indiana's tax sales process.
(b) If the topic is assigned to an existing study committee under
subsection (a), the study committee shall study the following:
(1) The use and effectiveness of Indiana's current land bank
statute.
(2) Issues relating to creation of land banks at the municipal level,
as opposed to the county level.
(3) The implications that land banks would have for Indiana's
current tax sale process.
(4) The effect of Indiana's current tax sale process on the
disposition of vacant and abandoned property.
(5) The effect that creation of municipal land banks would have
for local revenues.
(6) Land bank issues unique to Marion County.
(7) Reducing the amount of time needed to complete the tax sales
process.
(8) Other issues related to land banks and the tax sales process.
(c) This SECTION expires January 1, 2013.
SECTION 65. (a) The terms of members of the state student
assistance commission appointed before July 1, 2012, under
IC 21-11-2, before its repeal by this act, expire on July 1, 2012.
(b) This SECTION expires July 2, 2012.
SECTION 66. (a) The board for proprietary education established
under IC 21-18.5-5-1, as added by this act, may adopt temporary rules
in the manner provided for the adoption of emergency rules under
IC 4-22-2-37.1 to implement IC 22-4.1-21, as added by this act.
(b) Notwithstanding IC 4-22-2-37.1(g), a temporary rule adopted
under this SECTION expires on the occurrence of the earlier of:
(1) the date the board for proprietary education adopts rules under
IC 4-22-2; or
(2) July 1, 2013.
(c) This SECTION expires January 1, 2014.
SECTION 67. (a) Notwithstanding the requirements set forth in
IC 21-18.5-5, as added by this act, members serving as members of the
Indiana commission on proprietary education on June 30, 2012, are
considered members of the board for proprietary education established
by IC 21-18.5-5-1, as added by this act, until the date the member's
term would have expired under IC 21-17-2, before its repeal by this act.
(b) This SECTION expires July 1, 2017.
SECTION 68. (a) Not later than July 5, 2012, the auditor of state
shall transfer the balance that remains on June 30, 2012, in the career
college student assurance fund established under IC 21-17-3-8, as
repealed by this act, as follows:
(1) Three hundred thousand dollars ($300,000) to the career
college student assurance fund established by IC 21-18.5-6-6, as
added by this act.
(2) The remainder of the money not transferred under subdivision
(1) to the student assurance fund established by IC 22-4.1-21-18,
as added by this act.
(b) This SECTION expires January 1, 2013.
SECTION 69. (a) As used in this SECTION, "committee" refers to
an interim study committee to which the legislative council assigns the
topics of study described in subsection (b).
(b) The general assembly urges the legislative council to assign the
following topics pertaining to the implementation of this act to an
appropriate committee:
(1) Study whether additional legislative changes are necessary to
assist with the transfer of responsibilities from the Indiana
commission on proprietary education established under
IC 21-17-2-1, as repealed by this act, to the:
(A) state workforce innovation council under IC 22-4.1-21, as
added by this act; and
(B) board for proprietary education under IC 21-18.5-6, as
added by this act.
(2) Study whether a postsecondary credit bearing proprietary
educational institution, as defined in IC 21-18.5-2-12, as added by
this act, should be required to provide a surety bond to the board
for proprietary education as established by IC 21-18.5-5-1, as
added by this act.
(3) Study issues relating to the career college student assurance
fund established in IC 21-18.5-6-6, as added by this act.
(4) Study any other issue pertaining to the accreditation of a
postsecondary credit bearing proprietary educational institution,
as defined in IC 21-18.5-2-12, as added by this act, or a
postsecondary proprietary educational institution, as defined in
IC 22-4.1-21-9, as added by this act, that the legislative council
determines is appropriate.
(c) If the topics described in subsection (b) are assigned to a
committee under subsection (b), the committee shall, not later than
November 1, 2012, issue a final report to the legislative council
concerning the findings and recommendations of the committee
concerning the topics described in subsection (b).
(d) This SECTION expires December 31, 2012.
SECTION 17. (a) Notwithstanding IC 4-3-22-18, as added by this
act, before October 1, 2012, the office of management and budget, in
consultation with the Indiana School for the Deaf, the department of
education, the state department of health, and the office of the secretary
of family and social services, shall submit a detailed transition plan to
implement and administer the center for deaf and hard of hearing
education established in IC 20-35-11, as added by this act, to the
(1) The chief executive officer of the Indiana School for the Deaf.
(2) The Parent Teacher Counselor Organization of the Indiana
School for the Deaf.
(3) Parents of deaf or hard of hearing children who attend school
in a regular classroom setting.
(4) A representative of the Indiana chapter of Hands and Voices.
(5) Hear Indiana.
(6) The Indiana Association of the Deaf.
(7) Oral deaf adults.
(8) The first steps program established under IC 12-12.7-2.
(9) The deaf and hard of hearing services (DHHS) program within
the family and social services administration, division of
disability and rehabilitative services.
(10) The department of education.
(11) The state department of health.
(12) A representative of the St. Joseph Institute for the Deaf.
(13) Public school administrators.
(14) Audiologists.
(15) The director of the outreach program of the Indiana School
for the Deaf.
(b) Before the office of management and budget submits the
transition plan under subsection (a), the office of management and
budget shall conduct two (2) public meetings to receive public
testimony. Of the public meetings required in this subsection, one (1)
public meeting must take place in the northern half of Indiana and one
(1) public meeting must take place in the southern half of Indiana, at
a place designated by the office of management and budget.
(c) The transition plan developed under subsection (a) must include
the following:
(1) A detailed description of how the center for deaf and hard of
hearing education, as established in IC 20-35-11-3, as added by
this act, will implement and carry out the duties described in
IC 20-35-11-4, as added by this act.
(2) A description of the agency described in IC 4-3-22-18, as
added by this act, that will provide office space and staff support
for the center for deaf and hard of hearing education established
under IC 20-35-11, as added by this act.
(3) The estimated costs associated with the operation of the center
for deaf and hard of hearing education established under
IC 20-35-11, as added by this act.
(4) A description of the fiscal impact on the Indiana School for
the Deaf and the agency described in subdivision (2) resulting
from the transfer of outreach and consultative service
responsibilities.
(5) Any other information the office of management and budget
determines is necessary.
(d) The office of management and budget shall, on or before
October 15, 2012, post the final transition plan on the office of
(e) The budget committee shall consider the transition plan
developed under subsection (a) in its preparation of the budget report
and budget bill under IC 4-12-1-9 for the state fiscal years beginning
on:
(1) July 1, 2013; and
(2) July 1, 2014.
(f) This SECTION expires December 31, 2013.
SECTION 18. (a) The state board of education shall, before October
1, 2012, make recommendations to the legislative council (in an
electronic format under IC 5-14-6) and to the budget committee
concerning the unique and appropriate methods of evaluation and
accountability that should be applied to the Indiana School for the
Blind and Visually Impaired and the Indiana School for the Deaf. The
state board of education shall include in its recommendation any
proposed statutory changes or rule changes that the state board believes
to be appropriate.
(b) This SECTION expires July 1, 2013.
SECTION 1. (a) The state department of health and the office of the
secretary of family and social services shall:
(1) study the current brain injury services offered in Indiana; and
(2) determine:
(A) any deficiencies in the provision of brain injury services
in Indiana; and
(B) how to implement additional brain injury services and
neurobehavioral rehabilitation programs in Indiana.
(b) The study described in subsection (a) must include the
following:
(1) Development of a licensure category for neurobehavioral
rehabilitation facilities and the criteria to be included for the
license.
(2) Assessment of whether incentives are needed to encourage the
provision of brain injury services and neurobehavioral services in
Indiana.
(3) Determination of the adequate reimbursement under the
Medicaid program for brain injury and neurobehavioral services.
(4) Determination of whether funds from the Medicaid health
facility closure and conversion fund could be used to assist
qualified service providers in opening a neurobehavioral
rehabilitation facility or to enhance reimbursement for brain
injury or neurobehavioral services in Indiana.
(5) Determination of whether existing Medicaid waivers should
be amended to increase the number of individuals covered under
the waivers or the services provided to individuals with traumatic
brain injuries under the waivers, and the amendments that would
be needed.
(c) Before October 1, 2012, the state department of health and the
(d) The brain injury treatment advisory committee is established for
the purpose of assisting the state department of health and the office of
the secretary of family and social services with the study described in
this SECTION. The committee consists of the following members:
(1) The commissioner of the state department of health or the
commissioner's designee, who is the chairperson of the
committee.
(2) The director of the office of Medicaid policy and planning, or
the director's designee.
(3) The director of the division of aging, or the director's
designee.
(4) The director of the rehabilitation services bureau within the
office of the secretary of family and social services, or the
director's designee.
(5) The following members appointed by the governor not later
than May 1, 2012:
(A) One (1) member representing the Brain Injury Association
of Indiana.
(B) Six (6) individuals representing any of the following:
(i) Brain injury service providers.
(ii) Residential care providers.
(iii) Health care providers who have knowledge concerning
brain injuries.
(C) One (1) representative of the rate setting contractor used
by the office of Medicaid policy and planning.
(D) One (1) consumer of brain injury services.
(E) One (1) psychologist licensed under IC 25-33-1 who
specializes in the assessment and treatment of individuals with
a brain injury.
(F) One (1) individual who is a caregiver of a consumer of
brain injury services.
(G) One (1) representative of the Indiana Association of Area
Agencies on Aging.
The state department of health shall staff the committee. The
committee shall meet at least four (4) times at the call of the
chairperson. The members of the committee are not entitled to per diem
or reimbursement for expenses incurred in connection with the
members' committee duties.
(e) This SECTION expires July 1, 2013.
SECTION 2. (a) During the 2012 legislative interim, the office of
Medicaid policy and planning shall report to the health finance
commission established by IC 2-5-23-3 concerning the feasibility and
development of a risk based managed care pilot program for aged,
blind, and disabled Medicaid recipients. This SECTION does not
authorize the office to implement a risk based managed care pilot
(b) This SECTION expires December 31, 2012.
SECTION 151. (a) In repealing IC 35-41-1-3.5 and IC 35-41-1-26.3
by this act, the general assembly recognizes that IC 35-41-1-3.5 and
IC 35-41-1-26.3 were amended by HEA 1196-2012, SECTIONS 10
and 11. The general assembly intends to repeal those provisions.
(b) This SECTION expires December 31, 2012.
SECTION 6. (a) As used in this SECTION, "legislative council"
refers to the legislative council established by IC 2-5-1.1-1.
(b) As used in this SECTION, "study committee" means either of
the following:
(1) A statutory committee established under IC 2-5.
(2) An interim study committee.
(c) The legislative council is urged to assign the following topics to
a study committee during the 2012 legislative interim:
(1) Ballot security for an absentee ballot transmitted to and from
a voter by mail.
(2) Connection of the statewide voter registration list established
under IC 3-7-26.3 and files maintained by the department of state
revenue.
(d) If the topics described in subsection (c) are assigned to a study
committee, the study committee shall issue a final report to the
legislative council containing the study committee's findings and
recommendations, including any recommended legislation concerning
the topics, in an electronic format under IC 5-14-6 not later than
November 1, 2012.
(e) This SECTION expires December 31, 2012.
SECTION 1. (a) Not later than October 1, 2012, the state
department of health established by IC 16-19-1-1, the division of fire
and building safety established by IC 10-19-7-1, and the Indiana
emergency medical services commission created by IC 16-31-2-1 shall
report to the health finance commission established by IC 2-5-23-3
orally and in writing. The report must cover the following matters
related to emergency services:
(1) Policies and procedures for calling and responding to 911
calls for emergency medical services, including the determination
of what type of health care emergency service provider should
respond to the call.
(2) Any requirements or guidelines for equipment that should be
on an ambulance or other emergency services vehicle that is
necessary to respond to the emergency medical needs of an
individual.
(3) Ambulance response time for emergency calls.
(4) Ambulance transportation procedures.
(5) Procedures and policies for health facilities to obtain
(6) How ambulance coverage is affected by ambulances that are
subject to geographic or jurisdictional limits within a county, city,
town, or township.
(7) Procedures or policies for determining to which hospital a
patient is transported.
(8) A review of the state trauma care system.
(b) In preparing the report required by subsection (a), the agencies
described in subsection (a) shall consult with entities that may be
affected by the proposals being considered for the report.
(c) This SECTION expires December 31, 2012.
SECTION 418. (a) As used in this SECTION, "bureau" refers to the
bureau of motor vehicles created by IC 9-14-1-1.
(b) As used in this SECTION, "committee" refers to the interim
study committee on special group recognition license plates established
by this SECTION.
(c) As used in this SECTION, "special group recognition license
plate" refers to a license plate that is issued under IC 9-18-25.
(d) There is established the interim study committee on special
group recognition license plates.
(e) The committee consists of the following members:
(1) Two (2) members of the majority party of the senate appointed
by the president pro tempore of the senate.
(2) Two (2) members of the minority party of the senate appointed
by the minority leader of the senate.
(3) Two (2) members of the majority party of the house of
representatives appointed by the speaker of the house of
representatives.
(4) Two (2) members of the minority party of the house of
representatives appointed by the minority leader of the house of
representatives.
(5) Two (2) members appointed by the governor, one (1) of whom
must have expertise in auditing nonprofit organizations.
(f) The committee shall review policies and procedures concerning
the issuance of special group recognition license plates.
(g) The committee shall operate under the rules and guidelines of
the legislative council for interim study committees.
(h) Each member of the committee who is not a state employee or
is not a member of the general assembly is entitled to the following:
(1) The salary per diem provided under IC 4-10-11-2.1(b).
(2) Reimbursement for traveling expenses as provided under
IC 4-13-1-4.
(3) 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.
(i) Each member of the committee who is a state employee but not
a member of the general assembly is entitled to the following:
(1) Reimbursement for traveling expenses as provided under
IC 4-13-1-4.
(2) Other expenses actually incurred in connection with the
member's duties as provided in the state policies and procedures
established by the Indiana department of administration and
approved by the budget agency.
(j) Each member of the committee who is a member of the general
assembly is entitled to the:
(1) per diem;
(2) mileage; and
(3) travel allowances;
paid to legislative members of interim study committees established by
the legislative council.
(k) The affirmative votes of a majority of the voting members
appointed to the committee are required for the committee to take
action on any measure, including final reports.
(l) The committee shall submit a final report to the governor and the
legislative council in an electronic format under IC 5-14-6 not later
than December 1, 2012.
(m) This SECTION expires December 31, 2012.
SECTION 65. (a) In repealing IC 4-12-9 by HEA 1002-2012, the
general assembly recognizes that IC 4-12-9-2 was amended by SEA
127-2012, SECTION 18. The general assembly intends to repeal
IC 4-12-9.
(b) In repealing IC 15-11-10 by HEA 1002-2012, the general
assembly recognizes that IC 15-11-10-3 was amended by SEA
127-2012, SECTION 99. The general assembly intends to repeal
IC 15-11-10.
(c) This SECTION expires December 31, 2012.
SECTION 22. (a) The funds that remain on June 30, 2012, in the
wireless emergency telephone system fund established by
IC 36-8-16.5-21 (before its repeal by this act on July 1, 2012) shall be
transferred on July 1, 2012, to the statewide 911 fund established by
IC 36-8-16.7-29, as added by this act.
(b) This SECTION expires January 1, 2013.
SECTION 23. (a) The funds that remain on June 30, 2012, in a
county's wireless emergency telephone system fund established by
IC 36-8-16.5-43 (before its repeal by this act on July 1, 2012) shall be
transferred on July 1, 2012, by the county treasurer to the county's 911
fund required to be set aside by the county treasurer under
IC 36-8-16.7-38(f), as added by this act.
(b) This SECTION expires January 1, 2013.
SECTION 24. (a) The funds that remain on June 30, 2012, in an
(b) This SECTION expires January 1, 2013.
SECTION 196. (a) For purposes of this SECTION, "corporation"
means the Indiana health informatics corporation established under
IC 5-31 before its repeal by this act.
(b) Any assets and obligations of the corporation are transferred to
the office of the secretary of family and social services on June 30,
2012.
(c) This SECTION expires December 31, 2012.
SECTION 197. (a) For purposes of this SECTION, "commission"
refers to the civil rights commission created by IC 22-9-1-4.
(b) On July 1, 2012, any appropriation for the fiscal year beginning
July 1, 2012, and ending June 30, 2013, made to:
(1) the family and social services administration for the
commission on the social status of black males in P.L.229-2011;
(2) the department of workforce development for the commission
on Hispanic/Latino affairs in P.L.229-2011;
(3) the department of workforce development for the women's
commission in P.L.229-2011; and
(4) the department of workforce development for the Native
American Indian affairs commission in P.L.229-2011;
is transferred to the commission.
(c) This SECTION expires June 30, 2013.
SECTION 198. (a) Any member of the commission on the social
status of black males under IC 12-13-12, before its repeal by this act,
is a member of the commission on the social status of black males
under IC 4-23-31, as added by this act.
(b) Any member of the Native American Indian affairs commission
under IC 4-4-31.4, before its repeal by this act, is a member of the
Native American Indian affairs commission under IC 4-23-32, as added
by this act.
(c) This SECTION expires December 31, 2013.
SECTION 125. (a) The executive of either of the following
townships may, upon approval by the township fiscal body, submit a
petition to the department of local government finance for an increase
in the maximum permissible ad valorem property tax levy under
IC 36-8-13 (for township fire protection and emergency services) for
property taxes first due and payable in 2013:
(1) Barkley Township in Jasper County.
(2) Union Township in Jasper County.
(b) The department of local government finance shall increase the
maximum permissible ad valorem property tax levy under IC 36-8-13
for a township that submits a petition under this SECTION by the
lesser of:
(1) the amount of the increase requested in the petition; or
(2) the amount necessary to increase the township's maximum
permissible ad valorem property tax levy under IC 36-8-13 for
property taxes first due and payable in 2013 to the amount of the
township's maximum permissible ad valorem property tax levy
under IC 36-8-13 that applied to taxes first due and payable in
2003.
(c) A township's maximum permissible ad valorem property tax levy
under IC 36-8-13 for property taxes first due and payable in 2013, as
adjusted under this SECTION, shall be used in the determination of the
township's maximum permissible ad valorem property tax levy under
IC 36-8-13 for property taxes first due and payable in 2014 and
thereafter.
(d) This SECTION expires January 1, 2015.
SECTION 126. (a) IC 6-1.1-12-26.1, as added by this act, applies to
property taxes first due and payable after 2012. A deduction statement
filed before September 1, 2012, under IC 6-1.1-12-27.1, as amended by
this act, is considered timely filed for purposes of obtaining the
deduction under IC 6-1.1-12-26.1, as added by this act, in 2012 for
property taxes first due and payable in 2013.
(b) This SECTION expires January 1, 2014.
SECTION 127. (a) IC 6-2.3-4-7, as added by this act, applies to
taxable years beginning after December 31, 2012.
(b) This SECTION expires January 1, 2015.
SECTION 128. (a) This SECTION applies to a fire protection
district:
(1) that was initially established in 2011;
(2) whose maximum levy and cumulative fund rate were first
established and approved by the department of local government
finance in 2011;
(3) that properly and timely advertised its budget, rates, and levies
in 2011 for the 2012 calendar year;
(4) whose budget, rates, and levies were disallowed by the
department of local government finance in 2012 due to confusion
as to whether the county council that created the fire protection
district held a public hearing on the budget, rates, and levies;
(5) whose 2012 budget, rates, and levies were nonetheless timely
considered in an open meeting of the county council, and were
timely reviewed and approved by the county council; and
(6) that may experience a significant revenue shortfall in 2012
(b) A fire protection district described in this section may borrow a
specified amount of money if:
(1) the board of fire trustees of the district finds that:
(A) an emergency exists requiring the expenditure of money
not available to the fire district; and
(B) the emergency requiring the expenditure of money is
related to paying the operating expenses and obligations of the
district; and
(2) the fiscal body of the county approves the expenditure of the
money.
(c) A fire protection district shall comply with IC 36-8-11-17 with
respect to a borrowing under this section.
(d) The county fiscal body shall levy property taxes in an amount
sufficient to cover payments due under the borrowing authorized under
this section.
(e) This SECTION expires December 31, 2014.
SECTION 129. (a) During the 2012 legislative interim, the
commission on state tax and financing policy shall study the topic of
whether the value of tax credits under Section 42 of the Internal
Revenue Code should be considered in determining the assessed value
of low income housing tax credit property.
(b) Before November 1, 2012, the commission on state tax and
financing policy shall report to the legislative council regarding any
recommendations on the study topic described in subsection (a).
(c) This SECTION expires January 1, 2013.
SECTION 130. (a) During the 2012 and 2013 legislative interims,
the commission on state tax and financing policy (IC 2-5-3) shall study
all income tax credits using a schedule that provides for approximately
half the credits to be studied each year and for the credits to be studied
in the order they were enacted. The commission shall prepare a report
that covers each credit and that includes the following:
(1) A review of the original scope and purpose of the credit and
whether the scope or purpose has changed since the credit's
enactment.
(2) The economic parameters of the credit, including the credit
percentage and credit limits, and whether these parameters have
changed since the credit's enactment.
(3) A description of the taxpayers that qualify for the credit and
how effective the credit has been in assisting these targeted
taxpayers.
(4) The type of activities on which the credit is based and how
effective the credit has been in promoting these targeted
activities.
(5) The amount of the credits granted over time.
(6) A determination of the dollar amount of credits granted but
not taken that can be carried forward.
(7) A summary of audit findings for each credit and whether there
has been any misuse of the credit.
(8) Suggested changes in the law with regard to each credit,
including whether the credit should be retained or not.
(9) Any other issues related to these income tax credits, as
determined by the commission.
The commission on state tax and financing policy shall issue the report
in two (2) parts, in an electronic format under IC 5-14-6, to the
legislative council, not later than November 1, 2012, and November 1,
2013, respectively.
(b) This SECTION expires January 1, 2014.
SECTION 131. (a) The legislative council shall assign to an interim
or a statutory study committee during the 2012 legislative interim the
topic of more clearly defining what is included in instructional
spending by school corporations and what is included in
noninstructional spending by school corporations for purposes of
IC 20-42.5-3-5.
(b) The study committee assigned the topic described in subsection
(a) shall issue a final report, in an electronic format under IC 5-14-6,
to the legislative council containing the study committee's findings and
recommendations, including any recommended legislation concerning
the topic, not later than November 1, 2012.
(c) This SECTION expires December 31, 2012.
SECTION 132. (a) The correction of the references to:
(1) Internal Revenue Code Section 62(a)(2)(D) that is being made
in IC 6-3-1-3.5; and
(2) Internal Revenue Code Section 871(k)(1)(C) that is being
made in IC 6-3-1-11;
apply to taxable years beginning after December 31, 2010,
notwithstanding the July 1, 2012, effective date of the SECTIONS in
this act that make the corrections.
(b) This SECTION expires January 1, 2013.
SECTION 133. (a) The administrative rule concerning proof by an
individual that a residence is the individual's principal place of
residence for purposes of the homestead standard deduction that is set
forth at 50 IAC 24-3-2 is void. The publisher of the Indiana
Administrative Code shall remove 50 IAC 24-3-2 from the Indiana
Administrative Code.
(b) This SECTION expires July 1, 2014.
SECTION 134. (a) In repealing IC 6-3.5-7-4.3 by this act, the
general assembly recognizes that IC 6-3.5-7-4.3 was amended by SEA
(b) This SECTION expires December 31, 2012.
SECTION 6. (a) As used in this SECTION, "fund" refers to the
Indiana state teachers' retirement fund established by IC 5-10.4-2-1.
(b) Not later than October 1, 2012, 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 on or
before December 1, 2011, and who is entitled to receive a monthly
benefit on July 1, 2012. The amount 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 Creditable
The Amount Is:
Service Is:
At least 5 years, but less than 10 years $150
(only in the case of a member receiving
disability retirement benefits)
At least 10 years, but less than 20 years $275
At least 20 years, but less than 30 years $375
At least 30 years $450
(d) The creditable service used to determine the amount paid to a
member (or 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) If two (2) or more survivors or beneficiaries of a member are
entitled to an amount paid under this SECTION, the amount shall be
allocated to the survivors or beneficiaries in shares using the same
percentages as the percentages determined under IC 5-10.2-3-7.5 or
IC 5-10.4-4-10 to pay the monthly benefit to the survivors or
beneficiaries.
(f) There is appropriated for the state fiscal year beginning July 1,
2012, to the Indiana public retirement system nineteen million six
hundred thousand dollars ($19,600,000) from the state general fund for
deposit in the fund to cover the amounts paid under this SECTION.
(g) This SECTION expires January 1, 2013.
SECTION 7. (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 October 1, 2012, 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 on or
before December 1, 2011, and who is entitled to receive a monthly
benefit on July 1, 2012. The amount 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 Creditable
The Amount Is:
Service Is:
At least 5 years, but less than 10 years $150
(only in the case of a member receiving
disability retirement benefits)
At least 10 years, but less than 20 years $275
At least 20 years, but less than 30 years $375
At least 30 years $450
(d) The creditable service used to determine the amount paid to a
member (or 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) If two (2) or more survivors or beneficiaries of a member are
entitled to an amount paid under this SECTION, the amount shall be
allocated to the survivors or beneficiaries in shares using the same
percentages as the percentages determined under IC 5-10.2-3-7.5 or
IC 5-10.3-8-15 to pay the monthly benefit to the survivors or
beneficiaries.
(f) This SECTION expires January 1, 2013.
SECTION 8. (a) As used in this SECTION, "participant" has the
meaning set forth in IC 5-10-5.5-1.
(b) As used in this SECTION, "plan" refers to the state excise
police, gaming agent, gaming control officer, and conservation
enforcement officers' retirement plan established by IC 5-10-5.5-2.
(c) Not later than October 1, 2012, the board of trustees of the
Indiana public retirement system established by IC 5-10.5-3-1 shall pay
the amount determined under subsection (d) to a plan participant (or to
a survivor or beneficiary of a plan participant) who retired or was
disabled on or before December 1, 2011, and who is entitled to receive
a monthly benefit on July 1, 2012. The amount is not an increase in the
annual retirement allowance.
(d) The amount paid under this SECTION to a plan participant (or
to a survivor or beneficiary of a plan participant) who meets the
requirements of subsection (c) is determined as follows:
If a Plan Participant's Creditable
The Amount Is:
Service Is:
At least 5 years, but less than 10 years $125
(only in the case of a member receiving
disability retirement benefits)
At least 10 years, but less than 20 years $235
At least 20 years, but less than 30 years $325
At least 30 years $400
(e) The creditable service used to determine the amount paid to a
plan participant (or a survivor or beneficiary of a plan participant)
(f) If two (2) or more survivors of a plan participant are entitled to
an amount paid under this SECTION, the amount shall be allocated to
the survivors in shares using the same percentages as the percentages
determined under IC 5-10-5.5-16 to pay the monthly benefit to the
survivors.
(g) This SECTION expires January 1, 2013.
SECTION 9. (a) As used in this SECTION, "trustee" has the
meaning set forth in IC 10-12-1-10.
(b) As used in this SECTION, "trust fund" has the meaning set forth
in IC 10-12-1-11.
(c) Not later than October 1, 2012, the trustee shall pay from the
trust fund to each employee beneficiary of the state police 1987 benefit
system covered by IC 10-12-4 who:
(1) retired or was disabled after June 30, 1987, and before July 2,
2011; and
(2) is entitled to receive a monthly benefit as of September 1,
2012;
an amount equal to one percent (1%) of the maximum basic annual
pension amount payable to a retired state police employee in the grade
of trooper who has completed twenty-five (25) years of service as of
July 1, 2012, as calculated under IC 10-12-4-7.
(d) The amount paid under this SECTION is not an increase in the
monthly pension amount of an employee beneficiary.
(e) This SECTION expires January 1, 2013.
SECTION 1. (a) The legislative council is urged to create a study
commission with the following members to study the issue of best
practices for student discipline:
(1) Four (4) members of the house of representatives, not more
than two (2) of whom may be members of the same political
party, appointed by the speaker of the house of representatives
with the advice of the minority leader of the house of
representatives.
(2) Four (4) members of the senate, not more than two (2) of
whom may be members of the same political party, appointed by
the president pro tempore of the senate with the advice of the
minority leader of the senate.
(3) The state superintendent of public instruction or the
superintendent's designee.
(4) A member of the governing body of a school corporation,
nominated by the Indiana School Board Association and
appointed by the speaker of the house of representatives.
(5) A superintendent of a school corporation, nominated by the
Indiana Association of Public School Superintendents and
(6) A public school principal, nominated by the Indiana
Association of School Principals and appointed by the speaker of
the house of representatives.
(7) A public school teacher, nominated by the Indiana State
Teachers Association and appointed by the president pro tempore
of the senate.
(8) A parent of a public school student, nominated by the
department of education and appointed by the speaker of the
house of representatives.
(b) The study commission shall operate under the policies governing
study committees adopted by the legislative council.
(c) This SECTION expires December 31, 2012.
SECTION 7. (a) The department of education shall before
November 1, 2012, report to the budget committee:
(1) the number of students who left a charter school and enrolled
in a public school maintained by a school corporation during the
2011 - 2012 school year;
(2) the number of students who left a public school maintained by
a school corporation and enrolled in a charter school during the
2011 - 2012 school year;
(3) the number of students who:
(A) left a public school maintained by a school corporation;
and
(B) enrolled in a nonpublic eligible school (as defined in
IC 20-51-1-4.7) during the 2011 - 2012 school year; and
(4) the number of students who:
(A) received a choice scholarship for the 2011 - 2012 school
year; and
(B) left a nonpublic eligible school (as defined in
IC 20-51-1-4.7) and enrolled in a public school maintained by
a school corporation during the 2011 - 2012 school year.
(5) The number of students that attended and graduated from a
school corporation's or charter school's high school in February of
2012.
(b) This SECTION expires January 1, 2013.
SECTION 8. (a) The following definitions apply throughout this
SECTION:
(1) "Maximum state distribution" has the meaning set forth in
IC 20-43-1-18.
(2) "Special distribution" refers to the special distribution to
school corporations and charter schools (other than a virtual
charter schools) authorized for payment in calendar year 2012
from the amount appropriated by P.L.229-2011, SECTION 9 for
distribution for tuition support.
(3) "State tuition support" has the meaning set forth in
IC 20-43-1-25.
(b) This SECTION does not authorize the department of education
to expend for a state fiscal year more than the distribution for tuition
support appropriation in P.L.229-2011, SECTION 9 for that state fiscal
year.
(c) For the purpose of state tuition support distributions to school
corporations and charter schools in calendar year 2012, the allowable
amount of the special distribution is excluded from the calculation of
maximum state distribution in IC 20-43-2-3. Neither the amount of
state tuition support payable in calendar year 2012 nor the amount of
special distributions payable in calendar year 2012 to a school
corporation or charter school shall be reduced under IC 20-43-2-3
solely because the sum of:
(1) state tuition support; and
(2) special distributions;
authorized by law for payment in calendar year 2012 exceed the
amount specified in IC 20-43-2-2(2).
This SECTION expires July 1, 2013.
SECTION 9. (a) Five million dollars ($5,000,000) of the
appropriation made by P.L.229-2011, SECTION 9 from the charter
school facilities assistance fund for the purpose of total operating
expense of the charter school facilities assistance program for the state
fiscal year beginning July 1, 2012, and ending June 30, 2013, is added
to the appropriation made by P.L.229-2011, SECTION 9 from the state
general fund for total operating expense of the distribution for tuition
support for the state fiscal year beginning July 1, 2012, and ending
June 30, 2013. The amount added by this subsection to the
appropriation for the distribution for tuition support:
(1) reduces the appropriation for total operating expense of the
charter school facilities assistance program for the state fiscal
year beginning July 1, 2012, and ending June 30, 2013; and
(2) is reassigned to the purposes of the appropriation for
distribution for tuition support, including the purposes specified
by this SECTION.
(b) Notwithstanding IC 20-24-7.5-3, a new charter school startup
grant payable to a charter school that is established and begins
enrolling eligible pupils in calendar year 2012 shall be paid in six (6)
installments with one (1) installment in each of the last six (6) months
of calendar year 2012. For purposes of this distribution, the number
two (2) shall be substituted for the number three (3) in
IC 20-24-7.5-4(2).
(c) Notwithstanding IC 20-24-7.5-4, a new charter school startup
grant paid under IC 20-24-7.5-4 in the state fiscal year beginning July
1, 2012, and ending June 30, 2013, shall be paid from the state general
fund and not the charter school facilities assistance fund
(IC 20-24-12-4). Notwithstanding any other law, the amount paid for
new charter school startup grants in the state fiscal year beginning July
1, 2012, and ending June 30, 2013, is payable from the amount
appropriated by P.L.229-2011, SECTION 9 for the total operating
expense of the distribution for tuition support for the state fiscal year
(d) Notwithstanding P.L.229-2011, SECTION 9, five million dollars
($5,000,000) of the total of nine million dollars ($9,000,000) required
by P.L.229-2011, SECTION 9 to be transferred after June 30, 2012,
and before July 1, 2013, from the common school fund interest balance
to the charter school facilities assistance fund (IC 20-24-12-4) shall
instead be transferred to the state general fund. The amount transferred
from the common school fund interest balance to the state general fund
under this subsection reduces the amount that must be transferred to
the charter school facilities assistance fund (IC 20-24-12-4).
(e) This SECTION expires July 1, 2013.
SECTION 28. (a) The distressed unit appeal board established by
IC 6-1.1-20.3-4 shall report to the budget committee before each of the
following dates concerning actions taken by the distressed unit appeal
board under IC 5-1-5-2.5, as amended by this act:
(1) October 1, 2012.
(2) March 1, 2013.
(3) October 1, 2013.
(4) February 1, 2014.
(b) This SECTION expires June 30, 2014.
SECTION 8. (a) This SECTION applies to a taxpayer,
notwithstanding IC 6-1.1-3, IC 6-1.1-11, IC 6-1.1-17, IC 6-1.1-37, 50
IAC 4.2, 50 IAC 16, or any other statute or administrative rule.
(b) This SECTION applies to assessment dates (as defined in
IC 6-1.1-1-2) occurring in 2008 and 2009.
(c) This SECTION applies only to a taxpayer that is an Indiana
nonprofit corporation that serves the homeless and to land and
improvements that meet all of the following conditions:
(1) The corporation leased land and improvements that served as
a homeless shelter that met the physical, emotional, academic,
and spiritual needs of children, teens, adults, and families during
2008 and 2009. The corporation timely filed an application under
IC 6-1.1-11 for a property tax exemption for the land and
improvements and received an exemption from property taxes for
the 2007, 2010, and 2011 assessment dates for the land and
improvements.
(2) The corporation did not timely file an application under
IC 6-1.1-11 for a property tax exemption for the land and
improvements described in subdivision (1) for the 2008 and 2009
assessment dates, and as a result the corporation's land and
improvements referred to in subdivision (1) were assessed and
subject to property taxation for the 2008 and 2009 assessment
dates.
(3) For the 2008 and 2009 assessment dates, the land and
improvements described in subdivision (1) would have been
eligible for a property tax exemption if the corporation had filed
an exemption application under IC 6-1.1-11.
(d) Notwithstanding any other law, a taxpayer, after March 31,
2012, but before October 1, 2012, may file or refile in person or in any
other manner consistent with IC 6-1.1-36-1.5:
(1) a Form 136 property tax exemption application, along with
any supporting documents, schedules, or attachments, claiming an
exemption from real property taxes or personal property taxes, or
both under IC 6-1.1-10, for any assessment date described in
subsection (b); and
(2) a personal property tax return, along with any supporting
documents, schedules, or attachments, relating to any personal
property under IC 6-1.1-10, for any assessment date for which an
exemption is claimed on a Form 136 property tax exemption
application that is filed under this subsection.
(e) Any property tax exemption application or personal property tax
return filed or refiled under subsection (d):
(1) is, subject to this SECTION, allowed; and
(2) is considered to have been timely filed.
(f) If the taxpayer demonstrates in the application or by other means
that the property that is subject to the exemption would have qualified
for an exemption under IC 6-1.1-10, if the application had been filed
under IC 6-1.1-11 in a timely manner:
(1) the taxpayer is entitled to the exemptions from real property
taxes or personal property taxes, or both, as claimed on the
property tax exemption applications filed or refiled by the
taxpayer under subsection (d);
(2) the taxpayer is not required to pay any property taxes,
penalties, or interest with respect to the exempt property;
(3) any liens imposed on the property for property taxes,
penalties, or interest that would otherwise be due for the affected
assessment dates are released; and
(4) notwithstanding the filing deadlines for a claim in IC 6-1.1-26,
the taxpayer is eligible for a refund of any property taxes,
penalties, or interest paid for the affected assessment dates, if the
taxpayer files a claim under IC 6-1.1-26.
(g) If the exemption is granted under this SECTION, the county
shall issue a refund to the corporation for all taxes paid for the 2008
and 2009 assessment dates with respect to the exempt property. The
county may pay the refund to the taxpayer in two (2) equal installments
over a two (2) year period from the date the county determines that the
property qualifies for the exemption.
(h) This SECTION expires January 1, 2015.
SECTION 9. (a) This SECTION applies to a taxpayer,
notwithstanding IC 6-1.1-3, IC 6-1.1-11, IC 6-1.1-17, IC 6-1.1-37, 50
IAC 4.2, 50 IAC 16, or any other statute or administrative rule.
(b) This SECTION applies to an assessment date (as defined in
IC 6-1.1-1-2) occurring in 2011.
(c) This SECTION applies only to a taxpayer and property that meet
all of the following conditions:
(1) The taxpayer is a church.
(2) The taxpayer's primary property is located at 611 West Berry
Street, Fort Wayne, Indiana, and is exempt from property
taxation.
(3) The taxpayer received two (2) parcels of property by gift as of
March 15, 2011 ("gifted properties").
(4) Notwithstanding that the date the taxpayer became the owner
of the gifted properties was after the March 1, 2011, assessment
date, for the 2011 assessment date, the taxpayer would have been
eligible for a property tax exemption if the taxpayer had been the
owner on March 1, 2011, and had owned, occupied, and used the
gifted properties for a religious or charitable purpose consistent
with the taxpayer's primary property located at 611 West Berry
Street, Fort Wayne, Indiana.
(d) Notwithstanding any other law, a taxpayer, after March 31,
2012, but before October 1, 2012, may file or refile in person or in any
other manner consistent with IC 6-1.1-36-1.5:
(1) a Form 136 property tax exemption application, along with
any supporting documents, schedules, or attachments, claiming an
exemption from real property taxes or personal property taxes, or
both under IC 6-1.1-10, for any assessment date described in
subsection (b), notwithstanding the date of ownership of the
gifted properties by the taxpayer; and
(2) a personal property tax return, along with any supporting
documents, schedules, or attachments, relating to any personal
property under IC 6-1.1-10, for any assessment date for which an
exemption is claimed on a Form 136 property tax exemption
application that is filed under this subsection.
(e) Any property tax exemption application or personal property tax
return filed or refiled under subsection (d):
(1) is, subject to this SECTION, allowed; and
(2) is considered to have been timely filed.
(f) If the taxpayer demonstrates in the application or by other means
that the gifted properties that are subject to the exemption would have
qualified for an exemption under IC 6-1.1-10, if the taxpayer had
owned the gifted properties and had filed an application under
IC 6-1.1-11 in a timely manner:
(1) the taxpayer is entitled to the exemptions from real property
taxes or personal property taxes, or both, as claimed on the
property tax exemption applications filed or refiled by the
taxpayer under subsection (d), notwithstanding the taxpayer's date
of ownership of the gifted properties;
(2) the taxpayer is not required to pay any property taxes,
penalties, or interest with respect to the exempt property;
(3) any liens imposed on the property for property taxes,
penalties, or interest that would otherwise be due for the affected
assessment dates are released; and
(4) notwithstanding the filing deadlines for a claim in IC 6-1.1-26,
the taxpayer is eligible for a refund of any property taxes,
penalties, or interest paid for the affected assessment dates, if the
taxpayer files a claim under IC 6-1.1-26.
(g) If the exemption is granted under this SECTION, the county
(h) This SECTION expires January 1, 2013.
SECTION 10. (a) This SECTION applies to a taxpayer,
notwithstanding IC 6-1.1-3, IC 6-1.1-11, IC 6-1.1-17, IC 6-1.1-37, 50
IAC 4.2, 50 IAC 16, or any other statute or administrative rule.
(b) This SECTION applies to assessment dates (as defined in
IC 6-1.1-1-2) occurring in 2009 and 2010.
(c) This SECTION applies only to a taxpayer that is an Indiana
nonprofit corporation that is a foundation supporting the preservation
of and education related to the Ford automobile that first used the V-8
engine and to land and improvements that meet all of the following
conditions:
(1) The corporation timely filed an application under IC 6-1.1-11
for a property tax exemption for the land and improvements
owned, used, and occupied by the corporation for the foundation's
purpose and received an exemption from property taxes for the
2011 and 2012 assessment dates.
(2) The corporation did not timely file an application under
IC 6-1.1-11 for a property tax exemption for the land and
improvements described in subdivision (1) for the 2009 and 2010
assessment dates, and as a result the corporation's land and
improvements referred to in subdivision (1) were assessed and
subject to property taxation for the 2009 and 2010 assessment
dates.
(3) For the 2009 and 2010 assessment dates, the land and
improvements described in subdivision (1) would have been
eligible for a property tax exemption if the corporation had filed
an exemption application under IC 6-1.1-11.
(d) Notwithstanding any other law, a taxpayer, after March 31,
2012, but before October 1, 2012, may file or refile in person or in any
other manner consistent with IC 6-1.1-36-1.5:
(1) a Form 136 property tax exemption application, along with
any supporting documents, schedules, or attachments, claiming an
exemption from real property taxes or personal property taxes, or
both under IC 6-1.1-10, for any assessment date described in
subsection (b); and
(2) a personal property tax return, along with any supporting
documents, schedules, or attachments, relating to any personal
property under IC 6-1.1-10, for any assessment date for which an
exemption is claimed on a Form 136 property tax exemption
application that is filed under this subsection.
(e) Any property tax exemption application or personal property tax
return filed or refiled under subsection (d):
(1) is, subject to this SECTION, allowed; and
(2) is considered to have been timely filed.
(f) If the taxpayer demonstrates in the application or by other means
that the property that is subject to the exemption would have qualified
for an exemption under IC 6-1.1-10, if the application had been filed
(1) the taxpayer is entitled to the exemptions from real property
taxes or personal property taxes, or both, as claimed on the
property tax exemption applications filed or refiled by the
taxpayer under subsection (d);
(2) the taxpayer is not required to pay any property taxes,
penalties, or interest with respect to the exempt property;
(3) any liens imposed on the property for property taxes,
penalties, or interest that would otherwise be due for the affected
assessment dates are released; and
(4) notwithstanding the filing deadlines for a claim in IC 6-1.1-26,
the taxpayer is eligible for a refund of any property taxes,
penalties, or interest paid for the affected assessment dates, if the
taxpayer files a claim under IC 6-1.1-26.
(g) If the exemption is granted under this SECTION, the county
shall issue a refund to the corporation for all taxes paid for the 2009
and 2010 assessment dates with respect to the exempt property. The
county may pay the refund to the taxpayer in two (2) equal installments
over a two (2) year period from the date the county determines that the
property qualifies for the exemption.
(h) This SECTION expires January 1, 2013.
SECTION 11. (a) This SECTION applies to a taxpayer,
notwithstanding IC 6-1.1-3, IC 6-1.1-11, IC 6-1.1-17, IC 6-1.1-37, 50
IAC 4.2, 50 IAC 16, or any other statute or administrative rule.
(b) This section applies to assessment dates (as defined in
IC 6-1.1-1-2) occurring in 2009 through 2011.
(c) As used in this SECTION, "taxpayer" refers to an Indiana
nonprofit corporation, trust, or other entity that is exempt from Indiana
adjusted gross income taxes under IC 6-3-2-2.8(1) and that owns real
or personal property, or both, located at one (1) of the following parcels
or street addresses in Marion County:
(1) Parcel 1025784 at 3145 North Meridian Street.
(2) Parcels 1054687, 1011724, 1024353, 1060216, and 1092651
at 1544 Columbia Avenue.
(3) Parcel 1009407 at 2455 Dr. Martin Luther King Jr. Street.
(4) 8604 Allisonville Road.
(d) Notwithstanding any other law, a taxpayer, after March 31,
2012, but before October 1, 2012, may file or refile in person or in any
other manner consistent with IC 6-1.1-36-1.5:
(1) a Form 136 property tax exemption application, along with
any supporting documents, schedules, or attachments, claiming an
exemption from real property taxes or personal property taxes, or
both under IC 6-1.1-10, for any assessment date described in
subsection (b); and
(2) a personal property tax return, along with any supporting
documents, schedules, or attachments, relating to any personal
property under IC 6-1.1-10, for any assessment date for which an
exemption is claimed on a Form 136 property tax exemption
application that is filed under this subsection.
(e) Any property tax exemption application or personal property tax
return filed or refiled under subsection (d):
(1) is, subject to this SECTION, allowed; and
(2) is considered to have been timely filed.
(f) If the taxpayer demonstrates in the application or by other means
that the property that is subject to the exemption would have qualified
for an exemption under IC 6-1.1-10, if the application had been filed
under IC 6-1.1-11 in a timely manner:
(1) the taxpayer is entitled to the exemptions from real property
taxes or personal property taxes, or both, as claimed on the
property tax exemption applications filed or refiled by the
taxpayer under subsection (d);
(2) the taxpayer is not required to pay any property taxes,
penalties, or interest with respect to the exempt property;
(3) any liens imposed on the property for property taxes,
penalties, or interest that would otherwise be due for the affected
assessment dates are released; and
(4) notwithstanding the filing deadlines for a claim in IC 6-1.1-26,
the taxpayer is eligible for a refund of any property taxes,
penalties, or interest paid for the affected assessment dates, if the
taxpayer files a claim under IC 6-1.1-26.
(g) If the exemption is granted under this SECTION, the county
shall issue a refund to the taxpayer for all taxes paid for the 2009
through 2011 assessment dates with respect to the exempt property.
The county may pay the refund to the taxpayer in three (3) equal
installments over a three (3) year period from the date the county
determines that the property qualifies for the exemption.
(h) This SECTION expires January 1, 2016.
SECTION 12. (a) This SECTION applies to a taxpayer,
notwithstanding IC 6-1.1-3, IC 6-1.1-11, IC 6-1.1-17, IC 6-1.1-37, 50
IAC 4.2, 50 IAC 16, or any other statute or administrative rule.
(b) This section applies to assessment dates (as defined in
IC 6-1.1-1-2) occurring in 2010 and 2011.
(c) As used in this SECTION, "taxpayer" refers to an Indiana
nonprofit corporation, trust, or other entity that is exempt from Indiana
adjusted gross income taxes under IC 6-3-2-2.8(1) and that owns real
or personal property, or both, located at 2201 East 54th Street (Parcel
8047974) in Marion County.
(d) Notwithstanding any other law, a taxpayer, after March 31,
2012, but before October 1, 2012, may file or refile in person or in any
other manner consistent with IC 6-1.1-36-1.5:
(1) a Form 136 property tax exemption application, along with
any supporting documents, schedules, or attachments, claiming an
exemption from real property taxes or personal property taxes, or
both under IC 6-1.1-10, for any assessment date described in
subsection (b); and
(2) a personal property tax return, along with any supporting
documents, schedules, or attachments, relating to any personal
property under IC 6-1.1-10, for any assessment date for which an
(e) Any property tax exemption application or personal property tax
return filed or refiled under subsection (d):
(1) is, subject to this SECTION, allowed; and
(2) is considered to have been timely filed.
(f) If the taxpayer demonstrates in the application or by other means
that the property that is subject to the exemption would have qualified
for an exemption under IC 6-1.1-10, if the application had been filed
under IC 6-1.1-11 in a timely manner:
(1) the taxpayer is entitled to the exemptions from real property
taxes or personal property taxes, or both, as claimed on the
property tax exemption applications filed or refiled by the
taxpayer under subsection (d);
(2) the taxpayer is not required to pay any property taxes,
penalties, or interest with respect to the exempt property;
(3) any liens imposed on the property for property taxes,
penalties, or interest that would otherwise be due for the affected
assessment dates are released; and
(4) notwithstanding the filing deadlines for a claim in IC 6-1.1-26,
the taxpayer is eligible for a refund of any property taxes,
penalties, or interest paid for the affected assessment dates, if the
taxpayer files a claim under IC 6-1.1-26.
(g) If the exemption is granted under this SECTION, the county
shall issue a refund to the taxpayer for all taxes paid for the 2010 and
2011 assessment dates with respect to the exempt property. The county
may pay the refund to the taxpayer in two (2) equal installments over
a two (2) year period from the date the county determines that the
property qualifies for the exemption.
(h) This SECTION expires January 1, 2015.
SECTION 6. (a) The commission on state tax and financing policy
established under IC 2-5-3 shall, during the 2012 legislative interim,
study issues related to whether the exemption provided by
IC 6-2.5-5-46, as added by this act, should be made to apply to all
aircraft and avionic devices.
(b) Before November 1, 2012, the commission on state tax and
financing policy shall report its findings and any recommendations
concerning the study topic described in subsection (a) in a final report
to the legislative council in an electronic format under IC 5-14-6.
(c) This SECTION expires January 1, 2013.
SECTION 1. (a) As used in this SECTION, "committee" refers to
the Indiana child custody and support advisory committee established
by IC 33-24-11-1.
(b) The general assembly urges the legislative council to assign to
the committee the task of studying the termination of parenting rights
of an individual with a child who was conceived as a result of an act of
rape by the individual.
(c) If the committee is assigned the topic described in subsection
(b), the committee shall issue a report to the legislative council
containing the committee's findings and recommendations, including
any recommended legislation concerning the topic, not later than
November 1, 2012.
(d) This SECTION expires December 31, 2012.
SECTION 13. (a) As used in this SECTION, "commission" refers
to the health finance commission established by IC 2-5-23-3.
(b) During the 2012 legislative interim, the commission shall study:
(1) retail pharmacies;
(2) community pharmacies; and
(3) mail order or Internet based pharmacies (as defined in
IC 25-26-18-1);
and any limitations that should be placed in statute concerning the
amount of a prescription drug that may be dispensed by the
pharmacies.
(c) The commission shall make findings and recommendations
concerning the following:
(1) The number of individuals covered under a state employee
health plan with a copayment, a coinsurance amount, or other
out-of-pocket costs for prescription drugs that exceed:
(A) two hundred dollars ($200) for a one (1) month supply of
a single prescription drug; or
(B) five hundred dollars ($500) for a one (1) month supply of
more than one (1) prescription drug.
(2) The number of individuals covered under a policy of accident
and sickness insurance with a copayment, a coinsurance amount,
or other out-of-pocket costs for prescription drugs that exceed:
(A) two hundred dollars ($200) for a one (1) month supply of
a single prescription drug; or
(B) five hundred dollars ($500) for a one (1) month supply of
more than one (1) prescription drug.
(3) The number of individuals covered under a health
maintenance organization contract with a copayment, a
coinsurance amount, or other out-of-pocket costs for prescription
drugs that exceed:
(A) two hundred dollars ($200) for a one (1) month supply of
a single prescription drug; or
(B) five hundred dollars ($500) for a one (1) month supply of
more than one (1) prescription drug.
(4) The number of individuals who may become eligible for
Medicaid as a result of copayments, coinsurance amounts, or
other out-of-pocket costs for prescription drugs as described in
this SECTION.
(d) The state personnel department and the Indiana department of
insurance shall assist the commission in obtaining the information
necessary under subsection (c).
(e) This SECTION expires December 31, 2012.
2012-160-66
SECTION 66. (a) The definitions in P.L.229-2011, SECTION 1
apply throughout this SECTION.
(b) The following definitions apply throughout this SECTION:
(1) "2012-2013 school year" means the school year (as defined in
IC 20-18-2-17) beginning July 1, 2012, and ending June 30, 2013.
(2) "Charter school" has the meaning set forth in IC 20-24-1-4.
(3) "Current ADM" has the meaning set forth in IC 20-43-1-10.
(4) "Eligible pupil" has the meaning set forth in IC 20-43-1-11.
(5) "School corporation" has the meaning set forth in
IC 20-18-2-16.
(c) Augmentation is allowed for the appropriation in P.L.229-2011,
SECTION 9 to the department of education for full-day kindergarten,
beginning July 1, 2012, and ending June 30, 2013.
(d) Notwithstanding P.L.229-2011, SECTION 9, each school
corporation and charter school that applies to the department of
education for a grant for full-day kindergarten is entitled to receive a
distribution in the 2012-2013 school year from the amount
appropriated in P.L.229-2011, SECTION 9 for full-day kindergarten for
the state fiscal year beginning July 1, 2012, and ending June 30, 2013,
as augmented under this SECTION. The total amount to be distributed
to a school corporation or charter school for the 2012-2013 school year
equals the result of:
(1) two thousand four hundred dollars ($2,400); multiplied by
(2) the number of eligible pupils who are:
(A) counted in the current ADM of the school corporation in
the initial count of ADM in the 2012-2013 school year; and
(B) enrolled in and attending full-day kindergarten on the
count date on which the current ADM is determined.
(e) A school corporation or charter school that applies for a grant for
full-day kindergarten may not charge a fee for enrolling in or attending
full-day kindergarten in the school year beginning July 1, 2012, and
ending June 30, 2013.
(f) This SECTION expires July 1, 2013.
SECTION 67. (a) There is appropriated to the supplemental state
fair relief fund (IC 34-13-8-9) six million dollars ($6,000,000) from the
state general fund for its use in carrying out the purposes of the fund.
(b) Notwithstanding any other law, not later than April 1, 2012, the
budget agency shall transfer six million dollars ($6,000,000) from the
state general fund to the supplemental state fair relief fund.
(c) This SECTION expires June 30, 2013.
SECTION 68. (a) As used in this SECTION, "commission" refers
to the select commission on education established under subsection (b).
(b) The select commission on education is established with the
following members:
(1) The members of the senate education and career development
committee.
(2) The members of the house education committee.
The chairpersons of the senate education and career development
committee and the house education committee shall serve as
co-chairpersons of the committee.
(c) The committee shall study and evaluate the following issues:
(1) The process of adoption and content of rules adopted by the
Indiana state board of education concerning categories or
designations of school improvement under IC 20-31-8, including
the matrices used for the A-F designations.
(2) Proposed rules, adopted rules, and policies of the department
of education and the Indiana state board of education to
implement the provisions of P.L.90-2011, concerning teacher
evaluations and licensing.
(3) Any other issue that the legislative council or commission
considers necessary.
(d) Beginning on or after April 1, 2012, the committee shall meet at
least five (5) times before November 30, 2012. The committee shall
operate under the legislative council's rules and guidelines for interim
study committees.
(e) The committee shall submit the committee's report not later than
December 1, 2012.
(f) This SECTION expires December 31, 2012.