Bill Text: IN SB0159 | 2010 | Regular Session | Introduced
Bill Title: Technical corrections.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-01-11 - First reading: referred to Committee on Judiciary [SB0159 Detail]
Download: Indiana-2010-SB0159-Introduced.html
Citations Affected: Numerous provisions throughout the Indiana
Code.
Synopsis: Technical corrections.
Resolves: (1) conflicts between
differing 2009 amendments to Indiana Code sections; and (2) other
technical problems in the Indiana Code, including incorrect statutory
references, the presence in the Code of provisions that have expired by
their own terms, nonstandard tabulation, the presence in the Code of
references to sections that have been or are being repealed,
grammatical problems, the absence of words needed for sense, and
misspellings. Repeals certain sections of the Indiana Code that: (1)
have expired by their own terms; (2) define certain terms for the
purposes of other statutes that were previously repealed; (3) have no
purpose apart from their relation to other statutes that have been
repealed; (4) are repealed to resolve a conflict involving the enactment
of different text at the same location in the Indiana Code; or (5) are
repealed to correct errors concerning the alphabetical order of
definitional provisions. (The introduced version of this bill was
prepared by the code revision commission.)
Effective: Upon passage; May 12, 2009 (retroactive).
January 11, 2010, read first time and referred to Committee on Judiciary.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
general provisions.
(1) The PERF board shall maintain at least one (1) alternative investment program that is an indexed stock fund, one (1) alternative investment program that is a bond fund, and one (1) alternative investment program that is a stable value fund.
(2) The programs should represent a variety of investment objectives.
(3) The programs may not permit a member to withdraw money from the member's account, except as provided in section 6 of this chapter.
(4) All administrative costs of each alternative program shall be paid from the earnings on that program.
(5) A valuation of each member's account must be completed as
of:
(A) the last day of each quarter; or
(B) a time that the board may specify by rule.
(b) A member shall direct the allocation of the amount credited to
the member among the available alternative investment funds, subject
to the following conditions:
(1) A member may make a selection or change an existing
selection under rules established by the PERF board. The PERF
board shall allow a member to make a selection or change any
existing selection at least once each quarter.
(2) The PERF board shall implement the member's selection
beginning on the first day of the next calendar quarter that begins
at least thirty (30) days after the selection is received by the PERF
board or on an alternate date established by the rules of the board.
This date is the effective date of the member's selection.
(3) A member may select any combination of the available
investment funds, in ten percent (10%) increments or smaller
increments that may be established by the rules of the board.
(4) A member's selection remains in effect until a new selection
is made.
(5) On the effective date of a member's selection, the board shall
reallocate the member's existing balance or balances in
accordance with the member's direction, based on the market
value on the effective date.
(6) If a member does not make an investment selection of the
alternative investment programs, the member's account shall be
invested in the PERF board's general investment fund.
(7) All contributions to the member's account shall be allocated
as of the last day of the quarter in which the contributions are
received or at an alternate time established by the rules of the
board in accordance with the member's most recent effective
direction. The PERF board shall not reallocate the member's
account at any other time.
(c) When a member transfers the amount credited to the member
from one (1) alternative investment program to another alternative
investment program, the amount credited to the member shall be
valued at the market value of the member's investment, as of the day
before the effective date of the member's selection or at an alternate
time established by the rules of the board. When a member retires,
becomes disabled, dies, or withdraws from the fund, the amount
credited to the member shall be the market value of the member's
investment as of the last day of the quarter preceding the member's
distribution or annuitization at retirement, disability, death, or
withdrawal, plus contributions received after that date or at an alternate
time established by the rules of the board.
(d) The PERF board shall determine the value of each alternative
program in the defined contribution fund, as of the last day of each
calendar quarter, as follows:
(1) The market value shall exclude the employer contributions
and employee contributions received during the quarter ending on
the current allocation date.
(2) The market value as of the immediately preceding quarter end
date shall include the employer contributions and employee
contributions received during that preceding quarter.
(3) The market value as of the immediately preceding quarter end
date shall exclude benefits paid from the fund during the quarter
ending on the current quarter end date.
(1) for the nominees for President and Vice President of the United States of:
(A) a political party; or
(B) a group of petitioners; or
(2) for a write-in candidate for President or Vice President of the United States;
is a vote cast or registered for all of the candidates for presidential electors of the party, group, or write-in candidate and shall be so counted. These votes shall be counted, canvassed, and certified in the same manner as the votes for candidates for other offices.
(b) Each elected official of the state is entitled to a housing maintenance allowance of twelve thousand dollars ($12,000) per year in addition to the salary provided under
[EFFECTIVE UPON PASSAGE]: Sec. 1.2. "Affected statutes" means
all statutes that grant a power to or impose a duty on the authority,
including but not limited to IC 4-4-11, IC 4-4-11.4, IC 4-4-11.6,
IC 4-4-21, IC 4-4-31, IC 4-13.5, IC 5-1-16, IC 5-1-16.5, IC 8-9.5,
IC 8-14.5, IC 8-15, IC 8-15.5, IC 8-16, IC 13-18-13, IC 13-18-21,
IC 13-19-5, and IC 14-14. and IC 20-12-63.
(1) the total amount necessary to carry out the program during that fiscal year; minus
(2) the amount of federal low income energy assistance funds available for the program during that state fiscal year.
(1) An order adopted by the commissioner of the Indiana department of transportation under IC 9-20-1-3(d) or IC 9-21-4-7(a) and designated by the commissioner as an emergency rule.
(2) An action taken by the director of the department of natural resources under IC 14-22-2-6(d) or IC 14-22-6-13.
(3) An emergency temporary standard adopted by the occupational safety standards commission under IC 22-8-1.1-16.1.
(4) An emergency rule adopted by the solid waste management board under IC 13-22-2-3 and classifying a waste as hazardous.
(5) A rule, other than a rule described in subdivision (6), adopted
by the department of financial institutions under IC 24-4.5-6-107
and declared necessary to meet an emergency.
(6) A rule required under IC 24-4.5-1-106 that is adopted by the
department of financial institutions and declared necessary to
meet an emergency under IC 24-4.5-6-107.
(7) A rule adopted by the Indiana utility regulatory commission to
address an emergency under IC 8-1-2-113.
(8) An emergency rule adopted by the state lottery commission
under IC 4-30-3-9.
(9) A rule adopted under IC 16-19-3-5 or IC 16-41-2-1 that the
executive board of the state department of health declares is
necessary to meet an emergency.
(10) An emergency rule adopted by the Indiana finance authority
under IC 8-21-12.
(11) An emergency rule adopted by the insurance commissioner
under IC 27-1-23-7.
(12) An emergency rule adopted by the Indiana horse racing
commission under IC 4-31-3-9.
(13) An emergency rule adopted by the air pollution control
board, the solid waste management board, or the water pollution
control board under IC 13-15-4-10(4) or to comply with a
deadline required by or other date provided by federal law,
provided:
(A) the variance procedures are included in the rules; and
(B) permits or licenses granted during the period the
emergency rule is in effect are reviewed after the emergency
rule expires.
(14) An emergency rule adopted by the Indiana election
commission under IC 3-6-4.1-14.
(15) An emergency rule adopted by the department of natural
resources under IC 14-10-2-5.
(16) An emergency rule adopted by the Indiana gaming
commission under IC 4-32.2-3-3(b), IC 4-33-4-2, IC 4-33-4-3,
IC 4-33-4-14, or IC 4-35-4-2.
(17) An emergency rule adopted by the alcohol and tobacco
commission under IC 7.1-3-17.5, IC 7.1-3-17.7, or
IC 7.1-3-20-24.4.
(18) An emergency rule adopted by the department of financial
institutions under IC 28-15-11.
(19) An emergency rule adopted by the office of the secretary of
family and social services under IC 12-8-1-12.
(20) An emergency rule adopted by the office of the children's
health insurance program under IC 12-17.6-2-11.
(21) An emergency rule adopted by the office of Medicaid policy
and planning under IC 12-15-41-15.
(22) An emergency rule adopted by the Indiana state board of
animal health under IC 15-17-10-9.
(23) An emergency rule adopted by the board of directors of the
Indiana education savings authority under IC 21-9-4-7.
(24) An emergency rule adopted by the Indiana board of tax
review under IC 6-1.1-4-34 (repealed).
(25) An emergency rule adopted by the department of local
government finance under IC 6-1.1-4-33 (repealed).
(26) An emergency rule adopted by the boiler and pressure vessel
rules board under IC 22-13-2-8(c).
(27) An emergency rule adopted by the Indiana board of tax
review under IC 6-1.1-4-37(l) (repealed) or an emergency rule
adopted by the department of local government finance under
IC 6-1.1-4-36(j) (repealed) or IC 6-1.1-22.5-20.
(28) An emergency rule adopted by the board of the Indiana
economic development corporation under IC 5-28-5-8.
(29) A rule adopted by the department of financial institutions
under IC 34-55-10-2.5.
(30) A rule adopted by the Indiana finance authority:
(A) under IC 8-15.5-7 approving user fees (as defined in
IC 8-15.5-2-10) provided for in a public-private agreement
under IC 8-15.5;
(B) under IC 8-15-2-17.2(a)(10):
(i) establishing enforcement procedures; and
(ii) making assessments for failure to pay required tolls;
(C) under IC 8-15-2-14(a)(3) authorizing the use of and
establishing procedures for the implementation of the
collection of user fees by electronic or other nonmanual
means; or
(D) to make other changes to existing rules related to a toll
road project to accommodate the provisions of a public-private
agreement under IC 8-15.5.
(31) An emergency rule adopted by the board of the Indiana
health informatics corporation under IC 5-31-5-8.
(32) An emergency rule adopted by the state athletic commission
under IC 25-9-1-4.5.
(32) (33) An emergency rule adopted by the department of child
services under IC 31-25-2-21, IC 31-27-2-4, IC 31-27-4-2, or
IC 31-27-4-3.
(b) The following do not apply to rules described in subsection (a):
(1) Sections 24 through 36 of this chapter.
(2) IC 13-14-9.
(c) After a rule described in subsection (a) has been adopted by the agency, the agency shall submit the rule to the publisher for the assignment of a document control number. The agency shall submit the rule in the form required by section 20 of this chapter and with the documents required by section 21 of this chapter. The publisher shall determine the format of the rule and other documents to be submitted under this subsection.
(d) After the document control number has been assigned, the agency shall submit the rule to the publisher for filing. The agency shall submit the rule in the form required by section 20 of this chapter and with the documents required by section 21 of this chapter. The publisher shall determine the format of the rule and other documents to be submitted under this subsection.
(e) Subject to section 39 of this chapter, the publisher shall:
(1) accept the rule for filing; and
(2) electronically record the date and time that the rule is accepted.
(f) A rule described in subsection (a) takes effect on the latest of the following dates:
(1) The effective date of the statute delegating authority to the agency to adopt the rule.
(2) The date and time that the rule is accepted for filing under subsection (e).
(3) The effective date stated by the adopting agency in the rule.
(4) The date of compliance with every requirement established by law as a prerequisite to the adoption or effectiveness of the rule.
(g) Subject to subsection (h), IC 14-10-2-5, IC 14-22-2-6, IC 22-8-1.1-16.1, and IC 22-13-2-8(c), and except as provided in subsections (j), (k), and (l), a rule adopted under this section expires not later than ninety (90) days after the rule is accepted for filing under subsection (e). Except for a rule adopted under subsection (a)(13), (a)(24), (a)(25), or (a)(27), the rule may be extended by adopting another rule under this section, but only for one (1) extension period. The extension period for a rule adopted under subsection (a)(28) may not exceed the period for which the original rule was in effect. A rule adopted under subsection (a)(13) may be extended for two (2) extension periods. Subject to subsection (j), a rule adopted under
subsection (a)(24), (a)(25), or (a)(27) may be extended for an unlimited
number of extension periods. Except for a rule adopted under
subsection (a)(13), for a rule adopted under this section to be effective
after one (1) extension period, the rule must be adopted under:
(1) sections 24 through 36 of this chapter; or
(2) IC 13-14-9;
as applicable.
(h) A rule described in subsection (a)(8), (a)(12), or (a)(29) expires
on the earlier of the following dates:
(1) The expiration date stated by the adopting agency in the rule.
(2) The date that the rule is amended or repealed by a later rule
adopted under sections 24 through 36 of this chapter or this
section.
(i) This section may not be used to readopt a rule under IC 4-22-2.5.
(j) A rule described in subsection (a)(24) or (a)(25) expires not later
than January 1, 2006.
(k) A rule described in subsection (a)(28) expires on the expiration
date stated by the board of the Indiana economic development
corporation in the rule.
(l) A rule described in subsection (a)(30) expires on the expiration
date stated by the Indiana finance authority in the rule.
(m) A rule described in subsection (a)(5) or (a)(6) expires on the
date the department is next required to issue a rule under the statute
authorizing or requiring the rule.
(b) An applicant must submit the following on forms provided by the commission:
(1) If the applicant is an individual, two (2) sets of the individual's fingerprints.
(2) If the applicant is not an individual, two (2) sets of fingerprints for each officer and director of the applicant.
(c) This subsection applies to an applicant who applies after
if approved by the commission, would serve as the applicant's trustee
to operate the riverboat. The power of attorney submitted under this
subsection must:
(1) be executed in the manner required by IC 30-5;
(2) describe the powers that may be delegated to the proposed
trustee;
(3) conform with the requirements established by the commission
under IC 4-33-4-3(a)(10); and
(4) be submitted on the date that the applicant pays the
application fee described in subsection (a).
(d) The commission shall review the applications filed under this
chapter and shall inform each applicant of the commission's decision.
(e) The costs of investigating an applicant to serve as an operating
agent under this chapter shall be paid from the application fee paid by
the applicant.
(f) An applicant to serve as an operating agent under this chapter
must pay all additional costs that are:
(1) associated with the investigation of the applicant; and
(2) greater than the amount of the application fee paid by the
applicant.
include the establishment of the following:
(1) Minimum standards of physical, educational, mental, and
moral fitness which shall govern the acceptance of any person for
training by any law enforcement training school or academy
meeting or exceeding the minimum standards established
pursuant to this chapter.
(2) Minimum standards for law enforcement training schools
administered by towns, cities, counties, law enforcement training
centers, agencies, or departments of the state.
(3) Minimum standards for courses of study, attendance
requirements, equipment, and facilities for approved town, city,
county, and state law enforcement officer, police reserve officer,
and conservation reserve officer training schools.
(4) Minimum standards for a course of study on cultural diversity
awareness that must be required for each person accepted for
training at a law enforcement training school or academy.
(5) Minimum qualifications for instructors at approved law
enforcement training schools.
(6) Minimum basic training requirements which law enforcement
officers appointed to probationary terms shall complete before
being eligible for continued or permanent employment.
(7) Minimum basic training requirements which law enforcement
officers appointed on other than a permanent basis shall complete
in order to be eligible for continued employment or permanent
appointment.
(8) Minimum basic training requirements which law enforcement
officers appointed on a permanent basis shall complete in order
to be eligible for continued employment.
(9) Minimum basic training requirements for each person
accepted for training at a law enforcement training school or
academy that include six (6) hours of training in interacting with:
(A) persons with autism, mental illness, addictive disorders,
mental retardation, and developmental disabilities; and
(B) missing endangered adults (as defined in IC 12-7-2-131.3);
to be provided by persons approved by the secretary of family and
social services and the board.
(10) Minimum standards for a course of study on human and
sexual trafficking that must be required for each person accepted
for training at a law enforcement training school or academy and
for inservice training programs for law enforcement officers. The
course must cover the following topics:
(A) Examination of the human and sexual trafficking laws
(IC 35-42-3.5).
(B) Identification of human and sexual trafficking.
(C) Communicating with traumatized persons.
(D) Therapeutically appropriate investigative techniques.
(E) Collaboration with federal law enforcement officials.
(F) Rights of and protections afforded to victims.
(G) Providing documentation that satisfies the Declaration of
Law Enforcement Officer for Victim of Trafficking in Persons
(Form I-914, Supplement B) requirements established under
federal law.
(H) The availability of community resources to assist human
and sexual trafficking victims.
(b) Except as provided in subsection (l), A law enforcement officer
appointed after July 5, 1972, and before July 1, 1993, may not enforce
the laws or ordinances of the state or any political subdivision unless
the officer has, within one (1) year from the date of appointment,
successfully completed the minimum basic training requirements
established under this chapter by the board. If a person fails to
successfully complete the basic training requirements within one (1)
year from the date of employment, the officer may not perform any of
the duties of a law enforcement officer involving control or direction
of members of the public or exercising the power of arrest until the
officer has successfully completed the training requirements. This
subsection does not apply to any law enforcement officer appointed
before July 6, 1972, or after June 30, 1993.
(c) Military leave or other authorized leave of absence from law
enforcement duty during the first year of employment after July 6,
1972, shall toll the running of the first year, which shall be calculated
by the aggregate of the time before and after the leave, for the purposes
of this chapter.
(d) Except as provided in subsections (e), (l), (r), and (s), a law
enforcement officer appointed to a law enforcement department or
agency after June 30, 1993, may not:
(1) make an arrest;
(2) conduct a search or a seizure of a person or property; or
(3) carry a firearm;
unless the law enforcement officer successfully completes, at a board
certified law enforcement academy or at a law enforcement training
center under section 10.5 or 15.2 of this chapter, the basic training
requirements established by the board under this chapter.
(e) This subsection does not apply to:
(1) a gaming agent employed as a law enforcement officer by the
Indiana gaming commission; or
(2) an:
(A) attorney; or
(B) investigator;
designated by the securities commissioner as a police officer of
the state under IC 23-19-6-1(i).
Before a law enforcement officer appointed after June 30, 1993,
completes the basic training requirements, the law enforcement officer
may exercise the police powers described in subsection (d) if the
officer successfully completes the pre-basic course established in
subsection (f). Successful completion of the pre-basic course authorizes
a law enforcement officer to exercise the police powers described in
subsection (d) for one (1) year after the date the law enforcement
officer is appointed.
(f) The board shall adopt rules under IC 4-22-2 to establish a
pre-basic course for the purpose of training:
(1) law enforcement officers;
(2) police reserve officers (as described in IC 36-8-3-20); and
(3) conservation reserve officers (as described in IC 14-9-8-27);
regarding the subjects of arrest, search and seizure, the lawful use of
force, interacting with individuals with autism, and the operation of an
emergency vehicle. The pre-basic course must be offered on a periodic
basis throughout the year at regional sites statewide. The pre-basic
course must consist of at least forty (40) hours of course work. The
board may prepare the classroom part of the pre-basic course using
available technology in conjunction with live instruction. The board
shall provide the course material, the instructors, and the facilities at
the regional sites throughout the state that are used for the pre-basic
course. In addition, the board may certify pre-basic courses that may be
conducted by other public or private training entities, including
postsecondary educational institutions.
(g) The board shall adopt rules under IC 4-22-2 to establish a
mandatory inservice training program for police officers. After June 30,
1993, a law enforcement officer who has satisfactorily completed basic
training and has been appointed to a law enforcement department or
agency on either a full-time or part-time basis is not eligible for
continued employment unless the officer satisfactorily completes the
mandatory inservice training requirements established by rules adopted
by the board. Inservice training must include training in interacting
with persons with mental illness, addictive disorders, mental
retardation, autism, and developmental disabilities, to be provided by
persons approved by the secretary of family and social services and the
board, and training concerning human and sexual trafficking. The
board may approve courses offered by other public or private training
entities, including postsecondary educational institutions, as necessary
in order to ensure the availability of an adequate number of inservice
training programs. The board may waive an officer's inservice training
requirements if the board determines that the officer's reason for
lacking the required amount of inservice training hours is due to either
of the following:
(1) An emergency situation.
(2) The unavailability of courses.
(h) The board shall also adopt rules establishing a town marshal
basic training program, subject to the following:
(1) The program must require fewer hours of instruction and class
attendance and fewer courses of study than are required for the
mandated basic training program.
(2) Certain parts of the course materials may be studied by a
candidate at the candidate's home in order to fulfill requirements
of the program.
(3) Law enforcement officers successfully completing the
requirements of the program are eligible for appointment only in
towns employing the town marshal system (IC 36-5-7) and having
not more than one (1) marshal and two (2) deputies.
(4) The limitation imposed by subdivision (3) does not apply to an
officer who has successfully completed the mandated basic
training program.
(5) The time limitations imposed by subsections (b) and (c) for
completing the training are also applicable to the town marshal
basic training program.
(6) The program must require training in interacting with
individuals with autism.
(i) The board shall adopt rules under IC 4-22-2 to establish an
executive training program. The executive training program must
include training in the following areas:
(1) Liability.
(2) Media relations.
(3) Accounting and administration.
(4) Discipline.
(5) Department policy making.
(6) Lawful use of force.
(7) Department programs.
(8) Emergency vehicle operation.
(9) Cultural diversity.
(j) A police chief shall apply for admission to the executive training program within two (2) months of the date the police chief initially takes office. A police chief must successfully complete the executive training program within six (6) months of the date the police chief initially takes office. However, if space in the executive training program is not available at a time that will allow completion of the executive training program within six (6) months of the date the police chief initially takes office, the police chief must successfully complete the next available executive training program that is offered after the police chief initially takes office.
(k) A police chief who fails to comply with subsection (j) may not continue to serve as the police chief until completion of the executive training program. For the purposes of this subsection and subsection (j), "police chief" refers to:
(1) the police chief of any city;
(2) the police chief of any town having a metropolitan police department; and
(3) the chief of a consolidated law enforcement department established under IC 36-3-1-5.1.
A town marshal is not considered to be a police chief for these purposes, but a town marshal may enroll in the executive training program.
(l) A fire investigator in the division of fire and building safety appointed after December 31, 1993, is required to comply with the basic training standards established under this chapter.
(m) The board shall adopt rules under IC 4-22-2 to establish a program to certify handgun safety courses, including courses offered in the private sector, that meet standards approved by the board for training probation officers in handgun safety as required by IC 11-13-1-3.5(3).
(n) The board shall adopt rules under IC 4-22-2 to establish a refresher course for an officer who:
(1) is hired by an Indiana law enforcement department or agency as a law enforcement officer;
(2) has not been employed as a law enforcement officer for at least two (2) years and less than six (6) years before the officer is hired under subdivision (1) due to the officer's resignation or retirement; and
(3) completed at any time a basic training course certified by the board before the officer is hired under subdivision (1).
(o) The board shall adopt rules under IC 4-22-2 to establish a refresher course for an officer who:
(1) is hired by an Indiana law enforcement department or agency as a law enforcement officer;
(2) has not been employed as a law enforcement officer for at least six (6) years and less than ten (10) years before the officer is hired under subdivision (1) due to the officer's resignation or retirement;
(3) is hired under subdivision (1) in an upper level policymaking position; and
(4) completed at any time a basic training course certified by the board before the officer is hired under subdivision (1).
A refresher course established under this subsection may not exceed one hundred twenty (120) hours of course work. All credit hours received for successfully completing the police chief executive training program under subsection (i) shall be applied toward the refresher course credit hour requirements.
(p) Subject to subsection (q), an officer to whom subsection (n) or (o) applies must successfully complete the refresher course described in subsection (n) or (o) not later than six (6) months after the officer's date of hire, or the officer loses the officer's powers of:
(1) arrest;
(2) search; and
(3) seizure.
(q) A law enforcement officer who has worked as a law enforcement officer for less than twenty-five (25) years before being hired under subsection (n)(1) or (o)(1) is not eligible to attend the refresher course described in subsection (n) or (o) and must repeat the full basic training course to regain law enforcement powers. However, a law enforcement officer who has worked as a law enforcement officer for at least twenty-five (25) years before being hired under subsection (n)(1) or (o)(1) and who otherwise satisfies the requirements of subsection (n) or (o) is not required to repeat the full basic training course to regain law enforcement power but shall attend the refresher course described in subsection (n) or (o) and the pre-basic training course established under subsection (f).
(r) This subsection applies only to a gaming agent employed as a law enforcement officer by the Indiana gaming commission. A gaming agent appointed after June 30, 2005, may exercise the police powers described in subsection (d) if:
(1) the agent successfully completes the pre-basic course established in subsection (f); and
(2) the agent successfully completes any other training courses established by the Indiana gaming commission in conjunction
with the board.
(s) This subsection applies only to a securities enforcement officer
designated as a law enforcement officer by the securities
commissioner. A securities enforcement officer may exercise the police
powers described in subsection (d) if:
(1) the securities enforcement officer successfully completes the
pre-basic course established in subsection (f); and
(2) the securities enforcement officer successfully completes any
other training courses established by the securities commissioner
in conjunction with the board.
(t) As used in this section, "upper level policymaking position"
refers to the following:
(1) If the authorized size of the department or town marshal
system is not more than ten (10) members, the term refers to the
position held by the police chief or town marshal.
(2) If the authorized size of the department or town marshal
system is more than ten (10) members but less than fifty-one (51)
members, the term refers to:
(A) the position held by the police chief or town marshal; and
(B) each position held by the members of the police
department or town marshal system in the next rank and pay
grade immediately below the police chief or town marshal.
(3) If the authorized size of the department or town marshal
system is more than fifty (50) members, the term refers to:
(A) the position held by the police chief or town marshal; and
(B) each position held by the members of the police
department or town marshal system in the next two (2) ranks
and pay grades immediately below the police chief or town
marshal.
(u) This subsection applies only to a correctional police officer
employed by the department of correction. A correctional police officer
may exercise the police powers described in subsection (d) if:
(1) the officer successfully completes the pre-basic course
described in subsection (f); and
(2) the officer successfully completes any other training courses
established by the department of correction in conjunction with
the board.
position within a law enforcement agency that has operational Indiana
data and communication system (IDACS) terminals and who is
appointed by the director of the law enforcement agency.
(b) The registry is an Internet based, electronic depository for protective orders. Copies of all protective orders shall be retained in the registry.
(c) The registry must contain confidential information about protected persons.
(d) The division of state court administration shall create, manage, and maintain the registry.
(e) A protective order retained under section 5 of this chapter may be entered in the registry.
(f) The division of state court administration shall make the protective order registry established by
(g) The division of state court administration shall submit information concerning a standard protocol for county case management systems to interface with the protective order registry to each:
(1) prosecuting attorney; and
(2) court.
(1) dates of birth;
(2) Social Security numbers;
(3) driver license numbers; and
(4) physical descriptions of the parties;
to ensure the accuracy of the orders in the registry and information in IDACS.
(b) A law enforcement agency that perfects service of a protective order issued to the registry shall enter into the registry:
(1) the date and time the law enforcement agency received the protective order;
(2) the location of the person who is the subject of the protective order, if this information is available;
(3) the name and identification number of the law enforcement officer who served
(4) the manner in which
(1) the members' contributions; and
(2) the interest credits on these contributions in the guaranteed fund or the gain or loss in market value on these contributions in the alternative investment program, as specified in section 4 of this chapter.
Each member shall be credited individually with the amount of the member's contributions and interest credits.
(b) Each board shall maintain the annuity savings account program in effect on December 31, 1995 (referred to in this chapter as the guaranteed program). In addition, the board of the Indiana state teachers' retirement fund shall establish and maintain a guaranteed program within the 1996 account. Each board may establish investment guidelines and limits on all types of investments (including, but not limited to, stocks and bonds) and take other actions necessary to fulfill its duty as a fiduciary of the annuity savings account, subject to the limitations and restrictions set forth in IC 5-10.3-5-3 and IC 5-10.4-3-10.
(c) Each board shall establish alternative investment programs within the annuity savings account of the public employees' retirement fund, the pre-1996 account, and the 1996 account, based on the following requirements:
(1) Each board shall maintain at least one (1) alternative investment program that is an indexed stock fund and one (1) alternative investment program that is a bond fund.
(2) The programs should represent a variety of investment objectives under IC 5-10.3-5-3.
(3) No program may permit a member to withdraw money from the member's account except as provided in IC 5-10.2-3 and IC 5-10.2-4.
(4) All administrative costs of each alternative program shall be paid from the earnings on that program or as may be determined by the rules of each board.
(5) Except as provided in section 4(e) of this chapter, a valuation of each member's account must be completed as of:
(A) the last day of each quarter; or
(B) another time as each board may specify by rule.
(d) The board must prepare, at least annually, an analysis of the guaranteed program and each alternative investment program. This analysis must:
(1) include a description of the procedure for selecting an alternative investment program;
(2) be understandable by the majority of members; and
(3) include a description of prior investment performance.
(e) A member may direct the allocation of the amount credited to the member among the guaranteed fund and any available alternative investment funds, subject to the following conditions:
(1) A member may make a selection or change an existing selection under rules established by each board. A board shall allow a member to make a selection or change any existing selection at least once each quarter.
(2) The board shall implement the member's selection beginning on the first day of the next calendar quarter that begins at least thirty (30) days after the selection is received by the board or on an alternate date established by the rules of each board. This date is the effective date of the member's selection.
(3) A member may select any combination of the guaranteed fund or any available alternative investment funds, in ten percent (10%) increments or smaller increments that may be established by the rules of each board.
(4) A member's selection remains in effect until a new selection is made.
(5) On the effective date of a member's selection, the board shall reallocate the member's existing balance or balances in accordance with the member's direction, based on:
(A) for an alternative investment program balance, the market value on the effective date; and
(B) for any guaranteed program balance, the account balance on the effective date.
All contributions to the member's account shall be allocated as of the last day of that quarter or at an alternate time established by the rules of each board in accordance with the member's most recent effective direction. The board shall not reallocate the member's account at any other time.
(f) When a member who participates in an alternative investment program transfers the amount credited to the member from one (1) alternative investment program to another alternative investment program or to the guaranteed program, the amount credited to the member shall be valued at the market value of the member's investment, as of the day before the effective date of the member's selection or at an alternate time established by the rules of each board. When a member who participates in an alternative investment program retires, becomes disabled, dies, or suspends membership and withdraws from the fund, the amount credited to the member shall be the market value of the member's investment as of the last day of the quarter preceding the member's distribution or annuitization at retirement, disability, death, or suspension and withdrawal, plus contributions received after that date or at an alternate time established by the rules of each board.
(g) When a member who participates in the guaranteed program transfers the amount credited to the member to an alternative investment program, the amount credited to the member in the guaranteed program is computed without regard to market value and is based on the balance of the member's account in the guaranteed program as of the last day of the quarter preceding the effective date of the transfer. However, each board may by rule provide for an alternate valuation date. When a member who participates in the guaranteed program retires, becomes disabled, dies, or suspends membership and withdraws from the fund, the amount credited to the member shall be computed without regard to market value and is based on the balance of the member's account in the guaranteed program as of the last day of the quarter preceding the member's distribution or annuitization at
retirement, disability, death, or suspension and withdrawal, plus any
contributions received since that date plus interest since that date.
However, each board may by rule provide for an alternate valuation
date.
(A) at least ten (10) years of creditable service, if the member died in service as a member of the general assembly;
(B) at least fifteen (15) years of creditable service, if the member died in service in any other position covered by the retirement fund; or
(C) at least ten (10) years but not more than fourteen (14) years of creditable service if the member:
(i) was at least sixty-five (65) years of age; and
(ii) died in service in a position covered by the teachers' retirement fund; and
(b) This subsection applies to members who die after December 31, 2006. A surviving dependent or surviving spouse of a member who dies is entitled to a survivor benefit if:
(1) the member has:
(A) at least ten (10) years of creditable service, if the member died in service as a member of the general assembly;
(B) at least ten (10) years but not more than fourteen (14) years of creditable service if the member was at least sixty-five (65) years of age and died in service in a position covered by the fund (other than a position described in clause (A)); or
(C) at least fifteen (15) years of creditable service, if the member died in service in a position covered by the fund (other than a position described in clause (A)); and
(2) the surviving dependent or surviving spouse qualifies for a survivor benefit under subsection (c) or (d).
years, the surviving spouse is entitled to a survivor benefit equal to the
monthly pension benefit that would have been payable to the spouse
under the joint and survivor option of IC 5-10.2-4-7 upon the member's
death following retirement at:
(1) fifty (50) years of age; or
(2) the actual date of death;
whichever is later. However, benefits payable under this subsection are
subject to subsections (e) (f) and (g). (h).
(c) (d) If a member described in subsection (a) or (b) dies without
a surviving spouse who was married to the member for at least two (2)
years, but with a surviving dependent, the surviving dependent is
entitled to a survivor benefit in a monthly amount equal to the actuarial
equivalent of the monthly pension benefit that would have been
payable to the spouse (assuming the spouse would have had the same
birth date as the member) under the joint and survivor option of
IC 5-10.2-4-7 upon the member's death following retirement at:
(1) fifty (50) years of age; or
(2) the actual date of death;
whichever is later. If there are two (2) or more surviving dependents,
the actuarial equivalent of the benefit described in this subsection shall
be calculated and, considering the dependents' attained ages, an equal
dollar amount shall be determined as the monthly pension benefit to be
paid to each dependent. Monthly pension benefits under this subsection
are payable until the date the dependent becomes eighteen (18) years
of age or dies, whichever is earlier. However, if a dependent has a
permanent and total disability (using disability guidelines established
by the Social Security Administration) at the date the dependent
reaches eighteen (18) years of age, the monthly pension benefit is
payable until the date the dependent no longer has a disability (using
disability guidelines established by the Social Security Administration)
or dies, whichever is earlier. Benefits payable under this subsection are
subject to subsections (e) (f) and (g). (h).
(d) (e) This subsection applies if a member did not designate a
beneficiary or the designated beneficiary does not survive the member.
Except as provided in subsections (e) (f) and (h), (i), the surviving
spouse or surviving dependent of a member who is entitled to a
survivor benefit under subsection (b) (c) or (c) (d) or section 7.6 of this
chapter may elect to receive a lump sum payment of the total amount
credited to the member in the member's annuity savings account or an
amount equal to the member's federal income tax basis in the member's
annuity savings account as of December 31, 1986. A surviving spouse
or surviving dependent who makes such an election is not entitled to an
annuity as part of the survivor benefit under subsection (b) (c) or (c) (d)
or section 7.6 of this chapter to the extent of the lump sum payment.
(e) (f) If a member described in subsection (a) or (b) or section
7.6(a) of this chapter is survived by a designated beneficiary, who is
not a surviving spouse or surviving dependent entitled to a survivor
benefit under subsection (c) or (d) or section 7.6 of this chapter, the
following provisions apply:
(1) If the member is survived by one (1) designated beneficiary,
the designated beneficiary is entitled to receive in a lump sum or
over a period of up to five (5) years, as elected by the designated
beneficiary, the amount credited to the member's annuity savings
account, less any disability benefits paid to the member.
(2) If the member is survived by two (2) or more designated
beneficiaries, the designated beneficiaries are entitled to receive
in a lump sum or over a period of up to five (5) years, as elected
by the designated beneficiary, equal shares of the amount credited
to the member's annuity savings account, less any disability
benefits paid to the member.
(3) If the member is also survived by a spouse or dependent who
is entitled to a survivor benefit under subsection (b) (c) or (c) (d)
or section 7.6 of this chapter, the surviving spouse or dependent
is not entitled to an annuity or a lump sum payment as part of the
survivor benefit, unless the surviving spouse or dependent is also
a designated beneficiary.
(f) (g) If a member dies:
(1) without a surviving spouse or surviving dependent who
qualifies for survivor benefits under subsection (b) (c) or (c) (d)
or section 7.6 of this chapter; and
(2) without a surviving designated beneficiary who is entitled to
receive the member's annuity savings account under subsection
(e); (f);
the amount credited to the member's annuity savings account, less any
disability benefits paid to the member, shall be paid to the member's
estate.
(g) (h) Survivor benefits payable under this section or section 7.6 of
this chapter shall be reduced by any disability benefits paid to the
member.
(h) (i) Additional annuity contributions, if any, shall not be included
in determining survivor benefits under subsection (b) (c) or (c) (d) or
section 7.6 of this chapter, but are payable in a lump sum payment to:
(1) the member's surviving designated beneficiary; or
(2) the member's estate, if there is no surviving designated
beneficiary.
(i) (j) Survivor benefits provided under this section or section 7.6 of
this chapter are subject to IC 5-10.2-2-1.5.
(j) (k) A benefit specified in this section shall be forfeited and
credited to the member's retirement fund if no person entitled to the
benefit claims it within three (3) years after the member's death.
However, the board may honor a claim that is made more than three (3)
years after the member's death if the board finds, in the board's
discretion, that:
(1) the delay in making the claim was reasonable or other
extenuating circumstances justify the award of the benefit to the
claimant; and
(2) paying the claim would not cause a violation of the applicable
Internal Revenue Service rules.
(1) Both of the following apply to the company:
(A) The company has business operations that involve contracts with or the provision of supplies or services to:
(i) a state sponsor of terror;
(ii) companies in which a state sponsor of terror has any direct or indirect equity share;
(iii) consortiums or projects commissioned by a state sponsor of terror; or
(iv) companies involved in consortiums or projects commissioned by a state sponsor of terror.
(B) Either:
(i) more than ten percent (10%) of the company's revenues or assets
(ii) more than ten percent (10%) of the company's revenues or assets
(2) The company supplies military equipment to a state sponsor of terror, unless the company implements safeguards to prevent the use of the equipment by forces actively participating in an armed conflict in a state sponsor of terror. This subdivision does not apply to companies involved in the sale of military equipment solely to any internationally recognized peacekeeping force or humanitarian organization.
(b) The term does not include a social development company.
(b) In the period beginning December 1, 2008, and ending December 31, 2014, an enterprise zone does not expire under this section if the fiscal body of the municipality in which the enterprise zone is located adopts a resolution renewing the enterprise zone for an additional five (5) years. An enterprise zone may be renewed under this subsection regardless of the number of times the enterprise zone has been renewed under subsections (c) and (d). A municipal fiscal body may adopt a renewal resolution and submit a copy of the resolution to the board:
(1) before August 1, 2009, in the case of an enterprise zone that expired after November 30, 2008, or is scheduled to expire before September 1, 2009; or
(2) at least thirty (30) days before the expiration date of the enterprise zone, in the case of an enterprise zone scheduled to expire after August 31, 2009.
If an enterprise zone is renewed under this subsection after having been renewed under subsection (d), the enterprise zone may not be renewed after the expiration of this final five (5) year period.
(c) The two (2) year period immediately before the day on which the enterprise zone expires is the phaseout period. During the phaseout period, the board may review the success of the enterprise zone based on the following criteria and may, with the consent of the budget committee, renew the enterprise zone, including all provisions of this chapter, for five (5) years:
(1) Increases in capital investment in the zone.
(2) Retention of jobs and creation of jobs in the zone.
(3) Increases in employment opportunities for residents of the zone.
(d) If an enterprise zone is renewed under
five (5) year period.
(b) Subject to subsection (c), to apply for the deduction under section 1 of this chapter with respect to real property, the person recording the mortgage, contract, or memorandum of the contract with the county recorder may file a written statement with the county recorder containing the information described in subsection (e)(1), (e)(2), (e)(3), (e)(4), (e)(6), (e)(7), and (e)(8). The statement must be prepared on the form prescribed by the department of local government finance and be signed by the property owner or contract purchaser under the penalties of perjury. The form must have a place for the county recorder to insert the record number and page where the mortgage, contract, or memorandum of the contract is recorded. Upon receipt of the form and the recording of the mortgage, contract, or memorandum of the contract, the county recorder shall insert on the form the record number and page where the mortgage, contract, or memorandum of the contract is recorded and forward the completed form to the county auditor. The county recorder may not impose a charge for the county recorder's duties under this subsection. The statement must be completed and dated in the calendar year for which the person wishes to obtain the deduction and filed with the county recorder on or before January 5 of the immediately succeeding calendar year.
(c) With respect to:
(1) real property as an alternative to a filing under subsection (b); or
(2) a mobile home that is not assessed as real property or a manufactured home that is not assessed as real property;
to apply for a deduction under section 1 of this chapter, a person who desires to claim the deduction may file a statement in duplicate, on forms prescribed by the department of local government finance, with the auditor of the county in which the real property, mobile home not assessed as real property, or manufactured home not assessed as real property is located. With respect to real property the statement must be completed and dated in the calendar year for which the person wishes to obtain the deduction and filed with the county auditor on or before January 5 of the immediately succeeding calendar year. With respect to a mobile home that is not assessed as real property or a manufactured home that is not assessed as real property, the statement must be filed during the twelve (12) months before March 31 of each year for which the individual wishes to obtain the deduction. The statement may be filed in person or by mail. If mailed, the mailing must be postmarked on or before the last day for filing. In addition to the statement required by this subsection, a contract buyer who desires to claim the deduction must submit a copy of the recorded contract or recorded memorandum of the contract, which must contain a legal description sufficient to meet the requirements of IC 6-1.1-5, with the first statement that the buyer files under this section with respect to a particular parcel of real property.
(d) Upon receipt of:
(1) the statement under subsection (b); or
(2) the statement under subsection (c) and the recorded contract or recorded memorandum of the contract;
the county auditor shall assign a separate description and identification number to the parcel of real property being sold under the contract.
(e) The statement referred to in subsections (b) and (c) must be verified under penalties for perjury. The statement must contain the following information:
(1) The balance of the person's mortgage or contract indebtedness on the assessment date of the year for which the deduction is claimed.
(2) The assessed value of the real property, mobile home, or manufactured home.
(3) The full name and complete residence address of the person and of the mortgagee or contract seller.
(4) The name and residence of any assignee or bona fide owner or holder of the mortgage or contract, if known, and if not known, the person shall state that fact.
(5) The record number and page where the mortgage, contract, or memorandum of the contract is recorded.
(6) A brief description of the real property, mobile home, or manufactured home which is encumbered by the mortgage or sold under the contract.
(7) If the person is not the sole legal or equitable owner of the real property, mobile home, or manufactured home, the exact share of the person's interest in it.
(8) The name of any other county in which the person has applied for a deduction under this section and the amount of deduction claimed in that application.
(f) The authority for signing a deduction application filed under this section may not be delegated by the real property, mobile home, or manufactured home owner or contract buyer to any person except upon an executed power of attorney. The power of attorney may be contained in the recorded mortgage, contract, or memorandum of the contract, or in a separate instrument.
(g) A closing agent (as defined in
(1) the closing agent's failure to provide the written statement described in subsection (b);
(2) the closing agent's failure to file the written statement described in subsection (b);
(3) any omission or inaccuracy in the written statement described in subsection (b) that is filed with the county recorder by the closing agent; or
(4) any determination made with respect to a property owner's or contract purchaser's eligibility for the deduction under section 1 of this chapter.
(h) The county recorder may not refuse to record a mortgage, contract, or memorandum because the written statement described in subsection (b):
(1) is not included with the mortgage, contract, or memorandum of the contract;
(2) does not contain the signatures required by subsection (b);
(3) does not contain the information described in subsection (e); or
(4) is otherwise incomplete or inaccurate.
(1) the individual is at least sixty-five (65) years of age on or before December 31 of the calendar year preceding the year in which the deduction is claimed;
(2) the combined adjusted gross income (as defined in Section 62 of the Internal Revenue Code) of:
(A) the individual and the individual's spouse; or
(B) the individual and all other individuals with whom:
(i) the individual shares ownership; or
(ii) the individual is purchasing the property under a contract;
as joint tenants or tenants in common;
for the calendar year preceding the year in which the deduction is claimed did not exceed twenty-five thousand dollars ($25,000);
(3) the individual has owned the real property, mobile home, or manufactured home for at least one (1) year before claiming the deduction; or the individual has been buying the real property, mobile home, or manufactured home under a contract that provides that the individual is to pay the property taxes on the real property, mobile home, or manufactured home for at least one (1) year before claiming the deduction, and the contract or a memorandum of the contract is recorded in the county recorder's office;
(4) the individual and any individuals covered by subdivision (2)(B) reside on the real property, mobile home, or manufactured home;
(5) the assessed value of the real property, mobile home, or manufactured home does not exceed one hundred eighty-two thousand four hundred thirty dollars ($182,430);
(6) the individual receives no other property tax deduction for the year in which the deduction is claimed, except the deductions provided by sections 1, 37, and 38 of this chapter; and
(7) the person:
on the date the statement required by section 10.1 of this chapter is filed.
(b) Except as provided in subsection (h), in the case of real property, an individual's deduction under this section equals the lesser of:
(1) one-half (1/2) of the assessed value of the real property; or
(2) twelve thousand four hundred eighty dollars ($12,480).
(c) Except as provided in subsection (h) and section 40.5 of this chapter, in the case of a mobile home that is not assessed as real property or a manufactured home which is not assessed as real property, an individual's deduction under this section equals the lesser of:
(1) one-half (1/2) of the assessed value of the mobile home or manufactured home; or
(2) twelve thousand four hundred eighty dollars ($12,480).
(d) An individual may not be denied the deduction provided under this section because the individual is absent from the real property, mobile home, or manufactured home while in a nursing home or hospital.
(e) For purposes of this section, if real property, a mobile home, or a manufactured home is owned by:
(1) tenants by the entirety;
(2) joint tenants; or
(3) tenants in common;
only one (1) deduction may be allowed. However, the age requirement is satisfied if any one (1) of the tenants is at least sixty-five (65) years of age.
(f) A surviving spouse is entitled to the deduction provided by this section if:
(1) the surviving spouse is at least sixty (60) years of age on or before December 31 of the calendar year preceding the year in which the deduction is claimed;
(2) the surviving spouse's deceased husband or wife was at least sixty-five (65) years of age at the time of a death;
(3) the surviving spouse has not remarried; and
(4) the surviving spouse satisfies the requirements prescribed in subsection (a)(2) through (a)(7).
(g) An individual who has sold real property to another person under a contract that provides that the contract buyer is to pay the property taxes on the real property may not claim the deduction provided under this section against that real property.
(h) In the case of tenants covered by subsection (a)(2)(B), if all of the tenants are not at least sixty-five (65) years of age, the deduction allowed under this section shall be reduced by an amount equal to the deduction multiplied by a fraction. The numerator of the fraction is the number of tenants who are not at least sixty-five (65) years of age, and the denominator is the total number of tenants.
UPON PASSAGE]: Sec. 11. (a) Except as provided in section 40.5 of
this chapter, an individual may have the sum of twelve thousand four
hundred eighty dollars ($12,480) deducted from the assessed value of
real property, mobile home not assessed as real property, or
manufactured home not assessed as real property that the individual
owns, or that the individual is buying under a contract that provides
that the individual is to pay property taxes on the real property, mobile
home, or manufactured home, if the contract or a memorandum of the
contract is recorded in the county recorder's office, and if:
(1) the individual is blind or the individual has a disability;
(2) the real property, mobile home, or manufactured home is
principally used and occupied by the individual as the individual's
residence;
(3) the individual's taxable gross income for the calendar year
preceding the year in which the deduction is claimed did not
exceed seventeen thousand dollars ($17,000); and
(4) the individual:
(1) (A) owns the real property, mobile home, or manufactured
home; or
(2) (B) is buying the real property, mobile home, or
manufactured home under contract;
on the date the statement required by section 12 of this chapter is
filed.
(b) For purposes of this section, taxable gross income does not
include income which is not taxed under the federal income tax laws.
(c) For purposes of this section, "blind" has the same meaning as the
definition contained in IC 12-7-2-21(1).
(d) For purposes of this section, "individual with a disability" means
a person unable to engage in any substantial gainful activity by reason
of a medically determinable physical or mental impairment which:
(1) can be expected to result in death; or
(2) has lasted or can be expected to last for a continuous period of
not less than twelve (12) months.
(e) An individual with a disability filing a claim under this section
shall submit proof of disability in such form and manner as the
department shall by rule prescribe. Proof that a claimant is eligible to
receive disability benefits under the federal Social Security Act (42
U.S.C. 301 et seq.) shall constitute proof of disability for purposes of
this section.
(f) An individual with a disability not covered under the federal
Social Security Act shall be examined by a physician and the
individual's status as an individual with a disability determined by
using the same standards as used by the Social Security Administration.
The costs of this examination shall be borne by the claimant.
(g) An individual who has sold real property, a mobile home not
assessed as real property, or a manufactured home not assessed as real
property to another person under a contract that provides that the
contract buyer is to pay the property taxes on the real property, mobile
home, or manufactured home may not claim the deduction provided
under this section against that real property, mobile home, or
manufactured home.
(1) the individual served in the military or naval forces of the United States during any of its wars;
(2) the individual received an honorable discharge;
(3) the individual has a disability with a service connected disability of ten percent (10%) or more;
(4) the individual's disability is evidenced by:
(A) a pension certificate, an award of compensation, or a disability compensation check issued by the United States Department of Veterans Affairs; or
(B) a certificate of eligibility issued to the individual by the Indiana department of veterans' affairs after the Indiana department of veterans' affairs has determined that the individual's disability qualifies the individual to receive a deduction under this section; and
(5) the individual:
on the date the statement required by section 15 of this chapter is filed.
(b) The surviving spouse of an individual may receive the deduction provided by this section if the individual would qualify for the deduction if the individual were alive.
(c) One who receives the deduction provided by this section may not receive the deduction provided by section 16 of this chapter. However, the individual may receive any other property tax deduction which the individual is entitled to by law.
(d) An individual who has sold real property, a mobile home not assessed as real property, or a manufactured home not assessed as real property to another person under a contract that provides that the contract buyer is to pay the property taxes on the real property, mobile home, or manufactured home may not claim the deduction provided under this section against that real property, mobile home, or manufactured home.
(1) information concerning the assessed valuation in the political subdivision for the next calendar year;
(2) an estimate of the taxes to be distributed to the political subdivision during the last six (6) months of the current calendar year;
(3) the current assessed valuation as shown on the abstract of charges;
(4) the average growth in assessed valuation in the political subdivision over the preceding three (3) budget years, excluding years in which a general reassessment occurs, determined according to procedures established by the department of local government finance;
(5) the amount of the political subdivision's assessed valuation reduction determined under section 0.5(d) of this chapter;
(6) for counties with taxing units that cross into or intersect with other counties, the assessed valuation as shown on the most current abstract of property; and
(7) any other information at the disposal of the county auditor that might affect the assessed value used in the budget adoption process.
(b) The estimate of taxes to be distributed shall be based on:
(1) the abstract of taxes levied and collectible for the current calendar year, less any taxes previously distributed for the calendar year; and
(2) any other information at the disposal of the county auditor which might affect the estimate.
(c) The fiscal officer of each political subdivision shall present the county auditor's statement to the proper officers of the political subdivision.
(d) Subject to subsection (e),
(1) the fiscal officer of each political subdivision affected by the amendment; and
(2) the department of local government finance.
(e) Except as provided in subsection
(1) the amendment under subsection (d) is proposed to correct a mathematical error made in the determination of the amount of assessed valuation included in the earlier certified statement;
(2) the amendment under subsection (d) is proposed to add to the amount of assessed valuation included in the earlier certified statement assessed valuation of omitted property discovered after the county auditor sent the earlier certified statement; or
(3) the county auditor determines that the amendment under subsection (d) will not result in an increase in the tax rate or tax
rates of the political subdivision.
(b) Except as permitted under IC 4-9.1-1-8 to repay notes issued to meet casual deficits in state revenue, the state may not impose an ad valorem property tax rate on tangible property after December 31, 2008.
(c) This section does not apply to political subdivisions of the state.
(1) forty-one and sixty-seven hundredths cents ($0.4167) on each one hundred dollars ($100) of assessed valuation in territory outside the corporate limits of a city or town; or
(2) sixty-six and sixty-seven hundredths cents ($0.6667) on each one hundred dollars ($100) of assessed valuation in territory inside the corporate limits of a city or town.
(b) The proper officers of a political subdivision shall fix tax rates which are sufficient to provide funds for the purposes itemized in this subsection. The portion of a tax rate fixed by a political subdivision shall not be considered in computing the tax rate limits prescribed in subsection (a) if that portion is to be used for one (1) of the following purposes:
(1) To pay the principal or interest on a funding, refunding, or judgment funding obligation of the political subdivision.
(2) To pay the principal or interest on an outstanding obligation issued by the political subdivision if notice of the sale of the obligation was published before March 9, 1937.
(3) To pay the principal or interest upon:
(A) an obligation issued by the political subdivision to meet an emergency which results from a flood, fire, pestilence, war, or any other major disaster; or
(B) a note issued under IC 36-2-6-18, IC 36-3-4-22, IC 36-4-6-20, or IC 36-5-2-11 to enable a city, town, or county to acquire necessary equipment or facilities for municipal or county government.
(4) To pay the principal or interest upon an obligation issued in the manner provided in:
(A) IC 6-1.1-20-3 (before its repeal);
(B) IC 6-1.1-20-3.1 through IC 6-1.1-20-3.2; or
(C) IC 6-1.1-20-3.5 through IC 6-1.1-20-3.6.
(5) To pay a judgment rendered against the political subdivision.
(c) Except as otherwise provided in IC 6-1.1-19 (before January 1, 2009), IC 6-1.1-18.5, IC 20-45 (before January 1, 2009), or IC 20-46, a county board of tax adjustment, a county auditor, or the department of local government finance may review the portion of a tax rate described in subsection (b) only to determine if it exceeds the portion actually needed to provide for one (1) of the purposes itemized in that subsection.
"Ad valorem property tax levy for an ensuing calendar year" means the total property taxes imposed by a civil taxing unit for current property taxes collectible in that ensuing calendar year.
"Adopting county" means any county in which the county adjusted gross income tax is in effect.
"Civil taxing unit" means any taxing unit except a school corporation.
"Maximum permissible ad valorem property tax levy for the preceding calendar year" means the greater of:
(1) the remainder of:
(A) the civil taxing unit's maximum permissible ad valorem property tax levy for the calendar year immediately preceding the ensuing calendar year, as that levy was determined under
section 3 of this chapter; minus
(B) one-half (1/2) of the remainder of:
(i) the civil taxing unit's maximum permissible ad valorem
property tax levy referred to in clause (A); minus
(ii) the civil taxing unit's ad valorem property tax levy for
the calendar year immediately preceding the ensuing
calendar year referred to in subdivision (2); or
(2) the civil taxing unit's ad valorem property tax levy for the
calendar year immediately preceding the ensuing calendar year,
as that levy was determined by the department of local
government finance in fixing the civil taxing unit's budget, levy,
and rate for that preceding calendar year under IC 6-1.1-17, and
after eliminating the effects of temporary excessive levy appeals
and temporary adjustments made to the working maximum levy
for the calendar year immediately preceding the ensuing calendar
year, as determined by the department of local government
finance.
"Taxable property" means all tangible property that is subject to the
tax imposed by this article and is not exempt from the tax under
IC 6-1.1-10 or any other law. For purposes of sections 2 and 3 of this
chapter, the term "taxable property" is further defined in section 6 of
this chapter.
"Unadjusted assessed value" means the assessed value of a civil
taxing unit as determined by local assessing officials and the
department of local government finance in a particular calendar year
before the application of an annual adjustment under IC 6-1.1-4-4.5 for
that particular calendar year or any calendar year since the last general
reassessment preceding the particular calendar year.
year attributable to:
(A) the person's qualified residential property located in the
county, in the case of a calendar year before 2008; or
(B) the person's homestead. (as defined in IC 6-1.1-20.9-1)
property located in the county, in the case of a calendar year
after 2007 and before 2009; and
(2) the amount of the credit is the amount by which the person's
property tax liability attributable to:
(A) the person's qualified residential property, in the case of a
calendar year before 2008; or
(B) the person's homestead property, in the case of a calendar
year after 2007 and before 2009;
for property taxes first due and payable in that calendar year exceeds
two percent (2%) of the gross assessed value that is the basis for
determination of property taxes on the qualified residential property (in
the case of a calendar year before 2008) or the person's homestead
property (in the case of a calendar year after 2007 and before 2009) for
property taxes first due and payable in that calendar year, as adjusted
under subsection (b).
(b) This subsection expires January 1, 2009. This subsection applies
to property taxes first due and payable in 2008. The amount of a credit
to which a person is entitled under subsection (a) in a county shall be
determined without including a taxpayer's property tax liability for
tuition support. Notwithstanding any other provision of this chapter, a
school corporation's tuition support property tax levy collections may
not be reduced because of a credit under this chapter.
(c) (a) This subsection applies to property taxes first due and
payable in 2009. A person is entitled to a credit against the person's
property tax liability for property taxes first due and payable in 2009.
The amount of the credit is the amount by which the person's property
tax liability attributable to the person's:
(1) homestead exceeds one and five-tenths percent (1.5%);
(2) residential property exceeds two and five-tenths percent
(2.5%);
(3) long term care property exceeds two and five-tenths percent
(2.5%);
(4) agricultural land exceeds two and five-tenths percent (2.5%);
(5) nonresidential real property exceeds three and five-tenths
percent (3.5%); or
(6) personal property exceeds three and five-tenths percent
(3.5%);
of the gross assessed value of the property that is the basis for
determination of property taxes for that calendar year.
(d) (b) This subsection applies to property taxes first due and
payable in 2009. Property taxes imposed after being approved by the
voters in a referendum or local public question shall not be considered
for purposes of calculating a person's credit under this section.
(e) (c) This subsection applies to property taxes first due and
payable in 2009. As used in this subsection, "eligible county" means
only a county for which the general assembly determines in 2008 that
limits to property tax liability under this chapter are expected to reduce
in 2010 the aggregate property tax revenue that would otherwise be
collected by all units of local government and school corporations in
the county by at least twenty percent (20%). Property taxes imposed in
an eligible county to pay debt service or make lease payments for
bonds or leases issued or entered into before July 1, 2008, shall not be
considered for purposes of calculating a person's credit under this
section.
(1) except as provided in subsection (h), mail to the last known address of each person liable for any property taxes or special assessment, as shown on the tax duplicate or special assessment records, or to the last known address of the most recent owner shown in the transfer book; and
(2) transmit by written, electronic, or other means to a mortgagee maintaining an escrow account for a person who is liable for any property taxes or special assessments, as shown on the tax duplicate or special assessment records;
a statement in the form required under subsection
(1) A statement of the taxpayer's current and delinquent taxes and special assessments.
(2) A breakdown showing the total property tax and special assessment liability and the amount of the taxpayer's liability that will be distributed to each taxing unit in the county.
(3) An itemized listing for each property tax levy, including:
(A) the amount of the tax rate;
(B) the entity levying the tax owed; and
(C) the dollar amount of the tax owed.
(4) Information designed to show the manner in which the taxes and special assessments billed in the tax statement are to be used.
(5) A comparison showing any change in the assessed valuation for the property as compared to the previous year.
(6) A comparison showing any change in the property tax and special assessment liability for the property as compared to the previous year. The information required under this subdivision must identify:
(A) the amount of the taxpayer's liability distributable to each taxing unit in which the property is located in the current year and in the previous year; and
(B) the percentage change, if any, in the amount of the taxpayer's liability distributable to each taxing unit in which the property is located from the previous year to the current year.
(7) An explanation of the following:
(A)
(B) All property tax deductions that are available in the taxing district where the property is located.
(i) appeal a current assessment; or
(ii) petition for the correction of an error related to the taxpayer's property tax and special assessment liability.
(F) The procedure and deadline that a taxpayer must follow and the forms that must be used if a credit or deduction has been granted for the property and the taxpayer is no longer
eligible for the credit or deduction.
(E) (G) Notice that an appeal described in clause (C) (D)
requires evidence relevant to the true tax value of the
taxpayer's property as of the assessment date that is the basis
for the taxes payable on that property.
The department of local government finance shall provide the
explanation required by this subdivision to each county treasurer.
(8) A checklist that shows:
(A) the homestead credit credits under IC 6-1.1-20.4,
IC 6-3.5-6-13, or another law and all property tax deductions;
and
(B) whether the each homestead credit and each property tax
deduction applies in the current statement for the property
transmitted under subsection (b). (a).
(9) This subdivision applies to any property for which a
deduction or credit is listed under subdivision (8) if the notice
required under this subdivision was not provided to a taxpayer on
a reconciling statement under IC 6-1.1-22.5-12. The statement
must include in 2010, 2011, and 2012 a notice that must be
returned by the taxpayer to the county auditor with the taxpayer's
verification of the items required by this subdivision. The notice
must explain the tax consequences and applicable penalties if a
taxpayer unlawfully claims a standard deduction under
IC 6-1.1-12-37 on:
(A) more than one (1) parcel of property; or
(B) property that is not the taxpayer's principal place of
residence or is otherwise not eligible for the standard
deduction.
The notice must include a place for the taxpayer to indicate,
under penalties of perjury, for each deduction and credit listed
under subdivision (8), whether the property is eligible for the
deduction or credit listed under subdivision (8). The notice must
also include a place for each individual who qualifies the
property for a deduction or credit listed in subdivision (8) to
indicate the name of the individual and the name of the
individual's spouse (if any), as the names appear in the records
of the United States Social Security Administration for the
purposes of the issuance of a Social Security card and Social
Security number (or that they use as their legal names when they
sign their names on legal documents), and either the last five (5)
digits of each individual's Social Security number or, if an
individual does not have a Social Security number, the numbers
required from the individual under IC 6-1.1-12-37(e)(4)(B). The
notice must explain that the taxpayer must complete and return
the notice with the required information and that failure to
complete and return the notice may result in disqualification of
property for deductions and credits listed in subdivision (8), must
explain how to return the notice, and must be on a separate form
printed on paper that is a different color than the tax statement.
The notice must be prepared in the form prescribed by the
department of local government finance and include any
additional information required by the department of local
government finance. This subdivision expires January 1, 2015.
(d) (c) The county treasurer may mail or transmit the statement one
(1) time each year at least fifteen (15) days before the date on which
the first or only installment is due. Whenever a person's tax liability for
a year is due in one (1) installment under IC 6-1.1-7-7 or section 9 of
this chapter, a statement that is mailed must include the date on which
the installment is due and denote the amount of money to be paid for
the installment. Whenever a person's tax liability is due in two (2)
installments, a statement that is mailed must contain the dates on which
the first and second installments are due and denote the amount of
money to be paid for each installment. If a statement is returned to the
county treasurer as undeliverable and the forwarding order is expired,
the county treasurer shall notify the county auditor of this fact. Upon
receipt of the county treasurer's notice, the county auditor may, at the
county auditor's discretion, treat the property as not being eligible for
any deductions under IC 6-1.1-12 or any homestead credits under
IC 6-1.1-20.4 and IC 6-3.5-6-13.
(e) (d) All payments of property taxes and special assessments shall
be made to the county treasurer. The county treasurer, when authorized
by the board of county commissioners, may open temporary offices for
the collection of taxes in cities and towns in the county other than the
county seat.
(f) (e) The county treasurer, county auditor, and county assessor
shall cooperate to generate the information to be included in the
statement under subsection (c). (b).
(g) (f) The information to be included in the statement under
subsection (c) (b) must be simply and clearly presented and
understandable to the average individual.
(h) (g) After December 31, 2007, a reference in a law or rule to
IC 6-1.1-22-8 (expired January 1, 2008, and repealed) shall be treated
as a reference to this section.
(h) Transmission of statements and other information under this
subsection applies in a county only if the county legislative body
adopts an authorizing ordinance. Subject to subsection (i), in a county
in which an ordinance is adopted under this subsection for property
taxes and special assessments first due and payable after 2009, a
person may direct the county treasurer and county auditor to transmit
the following to the person by electronic mail:
(1) A statement that would otherwise be sent by the county
treasurer to the person by regular mail under subsection (a)(1),
including a statement that reflects installment payment due dates
under section 9.5 or 9.7 of this chapter.
(2) A provisional tax statement that would otherwise be sent by
the county treasurer to the person by regular mail under
IC 6-1.1-22.5-6.
(3) A reconciling tax statement that would otherwise be sent by
the county treasurer to the person by regular mail under any of
the following:
(A) Section 9 of this chapter.
(B) Section 9.7 of this chapter.
(C) IC 6-1.1-22.5-12, including a statement that reflects
installment payment due dates under IC 6-1.1-22.5-18.5.
(4) A statement that would otherwise be sent by the county
auditor to the person by regular mail under IC 6-1.1-17-3(b).
(5) Any other information that:
(A) concerns the property taxes or special assessments; and
(B) would otherwise be sent:
(i) by the county treasurer or the county auditor to the
person by regular mail; and
(ii) before the last date the property taxes or special
assessments may be paid without becoming delinquent.
(i) For property with respect to which more than one (1) person is
liable for property taxes and special assessments, subsection (h)
applies only if all the persons liable for property taxes and special
assessments designate the electronic mail address for only one (1)
individual authorized to receive the statements and other information
referred to in subsection (h).
(j) Before 2010, the department of local government finance shall
create a form to be used to implement subsection (h). The county
treasurer and county auditor shall:
(1) make the form created under this subsection available to the
public;
(2) transmit a statement or other information by electronic mail
under subsection (h) to a person who, at least thirty (30) days
before the anticipated general mailing date of the statement or
other information, files the form created under this subsection:
(A) with the county treasurer; or
(B) with the county auditor; and
(3) publicize the availability of the electronic mail option under
this subsection through appropriate media in a manner
reasonably designed to reach members of the public.
(k) The form referred to in subsection (j) must:
(1) explain that a form filed as described in subsection (j)(2)
remains in effect until the person files a replacement form to:
(A) change the person's electronic mail address; or
(B) terminate the electronic mail option under subsection (h);
and
(2) allow a person to do at least the following with respect to the
electronic mail option under subsection (h):
(A) Exercise the option.
(B) Change the person's electronic mail address.
(C) Terminate the option.
(D) For a person other than an individual, designate the
electronic mail address for only one (1) individual authorized
to receive the statements and other information referred to in
subsection (h).
(E) For property with respect to which more than one (1)
person is liable for property taxes and special assessments,
designate the electronic mail address for only one (1)
individual authorized to receive the statements and other
information referred to in subsection (h).
(l) The form created under subsection (j) is considered filed with the
county treasurer or the county auditor on the postmark date. If the
postmark is missing or illegible, the postmark is considered to be one
(1) day before the date of receipt of the form by the county treasurer
or the county auditor.
(m) The county treasurer shall maintain a record that shows at least
the following:
(1) Each person to whom a statement or other information is
transmitted by electronic mail under this section.
(2) The information included in the statement.
(3) Whether the person received the statement.
(1) IC 6-1.1-10-1(b);
(2) IC 6-1.1-12-6;
(3) IC 6-1.1-12-7;
commits a Class A misdemeanor. In addition, the officer is liable for the damages sustained by a person as a result of the officer's violation of the provision or the officer's failure to perform the duty.
(1) an assessment is made or increased after the date or dates on which the taxes for the year for which the assessment is made were originally due;
(2) the assessment upon which a taxpayer has been paying taxes under IC 6-1.1-15-10(a)(1) or IC 6-1.1-15-10(a)(2) while a petition for review or a judicial proceeding has been pending is less than the assessment that results from the final determination of the petition for review or judicial proceeding; or
(3) the collection of certain ad valorem property taxes has been enjoined under IC 33-26-6-2, and under the final determination of the petition for judicial review the taxpayer is liable for at least part of those taxes.
(b) Except as provided in subsections (c) and (g), a taxpayer shall pay interest on the taxes the taxpayer is required to pay as a result of an action or a determination described in subsection (a) at the rate of ten percent (10%) per year from the original due date or dates for those taxes to:
(1) the date of payment; or
(2) the date on which penalties for the late payment of a tax installment may be charged under subsection (e) or (f);
whichever occurs first.
(c) Except as provided in subsection (g), a taxpayer shall pay interest on the taxes the taxpayer is ultimately required to pay in excess of the amount that the taxpayer is required to pay under IC 6-1.1-15-10(a)(1) while a petition for review or a judicial proceeding has been pending at the overpayment rate established under Section 6621(c)(1) of the Internal Revenue Code in effect on the original due date or dates for those taxes from the original due date or dates for those taxes to:
(1) the date of payment; or
(2) the date on which penalties for the late payment of a tax installment may be charged under subsection (e) or (f);
whichever occurs first.
(d) With respect to an action or determination described in subsection (a), the taxpayer shall pay the taxes resulting from that action or determination and the interest prescribed under subsection (b) or (c) on or before:
(1) the next May 10; or
(2) the next November 10;
whichever occurs first.
(e) A taxpayer shall, to the extent that the penalty is not waived under section
(1) the taxpayer has not paid the amount of taxes resulting from the action or determination; and
(2) the taxpayer either:
(A) received notice of the taxes the taxpayer is required to pay as a result of the action or determination at least thirty (30) days before the date for payment; or
(B) voluntarily signed and filed an assessment return for the taxes.
(f) If subsection (e) does not apply, a taxpayer who has not paid the amount of taxes resulting from the action or determination shall, to the extent that the penalty is not waived under section
(1) the next May 10 which follows the date for payment prescribed in subsection (d); or
(2) the next November 10 which follows the date for payment prescribed in subsection (d);
whichever occurs first.
(g) A taxpayer is not subject to the payment of interest on real
property assessments under subsection (b) or (c) if:
(1) an assessment is made or increased after the date or dates on
which the taxes for the year for which the assessment is made
were due;
(2) the assessment or the assessment increase is made as the result
of error or neglect by the assessor or by any other official
involved with the assessment of property or the collection of
property taxes; and
(3) the assessment:
(A) would have been made on the normal assessment date if
the error or neglect had not occurred; or
(B) increase would have been included in the assessment on
the normal annual assessment date if the error or neglect had
not occurred.
(1) ten (10) taxpayers in the tax district, if the fund is authorized under IC 8-10-5-17, IC 8-16-3-1, IC 8-16-3.1-4, IC 14-27-6-48, IC 14-33-21-2,
(2) fifty (50) taxpayers in the area where a property tax for a fund is imposed, if subdivision (1) does not apply;
may file with the county auditor, by noon August 1 of a year, a petition for reduction or revision of the levy approved under this chapter. The petition must state the taxpayers' objections to the levy. The county auditor shall certify the petition to the department of local government finance, and the same procedure for notice and hearing must be followed that was required for the original levy. After a hearing on the petition, the department of local government finance may confirm, reduce, or rescind the levy. The department of local government finance's action is final and conclusive.
liability for which IC 6-8.1-10-1 applies beginning January 1, 1981)
with regard to the assessment, hearing, and appeals procedures and
limitations that existed at the time of the tax liability assessment and
before January 1, 1981, notwithstanding the repeal of those procedures
and limitations.
(b) Except as provided in subsection (c), IC 6-8.1-5-2 and
IC 6-8.1-10-2.1 through IC 6-8.1-10-7 apply only with respect to taxes
imposed for periods ending after December 31, 1980. Tax liabilities
arising before January 1, 1981, are, with respect to additions to tax and
penalties, determined, administered, and assessed under the appropriate
listed tax laws in effect on December 31, 1980, instead of under this
article. The rights and duties of the taxpayers and the state under those
laws are fully and completely preserved with respect to the additions
to tax and penalties.
(c) IC 6-8.1-10-2.1 through IC 6-8.1-10-8 IC 6-8.1-10-7 may apply
to tax liabilities arising during any period that ends before January 1,
1981, if:
(1) the commissioner has not issued an assessment with respect
to that prior period; or
(2) the commissioner has issued the assessment that is or may be
the subject of a petition for reassessment and the commissioner's
decision on that assessment has not been issued as of January 1,
1981, and the taxpayer elects to have all of IC 6-8.1-10-2.1
through IC 6-8.1-10-7 apply as fully as if those sections had been
in effect at the time the tax liability arose. The election must be
made within sixty (60) days after assessment or before June 1,
1981, whichever occurs last. An election under this subsection
may not shorten the statute of limitations upon assessments
otherwise applying to tax liabilities arising before January 1,
1981.
chapter, "Indiana Telephone Relay Access Corporation for the Hearing
and Speech Impaired" or "InTRAC" means a corporation formed under
IC 23-7-1.1 (before its repeal on August 1, 1991) or IC 23-17 that
meets the requirements of section 18 of this chapter.
(1) The InTRAC files with the commission the following:
(A) A certificate of existence issued by the secretary of state that certifies that the InTRAC is in existence under Indiana law.
(B) A certificate in which two (2) authorized officers of the InTRAC certify that the corporation meets the requirements of section 18 of this chapter.
(C) A document executed by an authorized officer of the InTRAC in which the InTRAC agrees to meet the requirements of sections 18 and 21 of this chapter.
(2) Copies of the certificates described in subdivision (1)(A) and (1)(B) have been delivered to each LEC that collects the surcharge required by this chapter.
(1) the members of the InTRAC provide in accordance with IC 23-7-1.1 (before its repeal on August 1, 1991) or IC 23-17; and
(2) do not violate the provisions required under section 18 of this chapter.
only for the purpose of funding the expenses of the commission and the
consumer counselor in amounts not in excess of their respective
appropriations by the general assembly, plus the contingency fund. All
appropriations under this chapter paid out of the commission public
utility fund account shall be subject to the prior approval of the general
assembly, the governor, and the state budget agency.
(b) Fees collected from municipalities under IC 8-1-2-85 shall also
be deposited in the commission public utility fund account, as if they
were fees collected from public utilities under this chapter.
(1) Public awareness programs concerning underground plant protection.
(2) Training and educational programs for contractors, excavators, locators, operators, and other persons involved in underground plant protection.
(3) Incentive programs for contractors, excavators, locators, operators, and other persons involved in underground plant protection to reduce the number of violations of this chapter.
(b) The commission shall administer the account.
(c) The treasurer of state shall invest money in the account not currently needed to meet the obligations of the account in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the account.
(d) Money in the account at the end of a state fiscal year does not revert to the state general fund.
(e) The expenses of administering the account shall be paid from money in the account.
(f) The account consists of penalties deposited under section
superintendent which must include but are not limited to factors such
as previous history of violations found in roadside compliance checks
and other recorded violations. However, the provisions of 49 CFR 395
that regulate the hours of service of drivers, including requirements for
the maintenance of logs, do not apply to a driver of a truck that is
registered by the bureau of motor vehicles and used as a farm truck
under IC 9-18, or a vehicle operated in intrastate construction or
construction related service, or the restoration of public utility services
interrupted by an emergency. Except as provided in subsection (i),
intrastate motor carriers not operating under authority issued by the
United States Department of Transportation shall comply with the
requirements of 49 CFR 390.21(b)(3) by registering with the
department of state revenue as an intrastate motor carrier and
displaying the certification number issued by the department of state
revenue preceded by the letters "IN". Except as provided in subsection
(i), all other requirements of 49 CFR 390.21 apply equally to interstate
and intrastate motor carriers.
(b) 49 CFR 107 subpart (F) and subpart (G), 171 through 173, 177
through 178, and 180, are incorporated into Indiana law by reference,
and every:
(1) private carrier;
(2) common carrier;
(3) contract carrier;
(4) motor carrier of property, intrastate;
(5) hazardous material shipper; and
(6) carrier otherwise exempt under section 3 of this chapter;
must comply with the federal regulations incorporated under this
subsection, whether engaged in interstate or intrastate commerce.
(c) Notwithstanding subsection (b), nonspecification bulk and
nonbulk packaging, including cargo tank motor vehicles, may be used
only if all the following conditions exist:
(1) The maximum capacity of the vehicle is less than three
thousand five hundred (3,500) gallons.
(2) The shipment of goods is limited to intrastate commerce.
(3) The vehicle is used only for the purpose of transporting fuel
oil, kerosene, diesel fuel, gasoline, gasohol, or any combination
of these substances.
All additional federal standards for the safe transportation of hazardous
materials apply until July 1, 2000. After June 30, 2000, the
maintenance, inspection, and marking requirements of 49 CFR 173.8
and Part 180 are applicable. In accordance with federal hazardous
materials regulations, new or additional nonspecification cargo tank
motor vehicles may not be placed in service under this subsection after
June 30, 1998.
(d) For the purpose of enforcing this section, only:
(1) a state police officer or state police motor carrier inspector
who:
(A) has successfully completed a course of instruction
approved by the United States Department of Transportation;
and
(B) maintains an acceptable competency level as established
by the state police department; or
(2) an employee of a law enforcement agency who:
(A) before January 1, 1991, has successfully completed a
course of instruction approved by the United States
Department of Transportation; and
(B) maintains an acceptable competency level as established
by the state police department;
on the enforcement of 49 CFR, may, upon demand, inspect the
books, accounts, papers, records, memoranda, equipment, and
premises of any carrier, including a carrier exempt under section
3 of this chapter.
(e) A person hired before September 1, 1985, who operates a motor
vehicle intrastate incidentally to the person's normal employment duties
and who is not employed as a chauffeur (as defined in IC 9-13-2-21(a))
is exempt from 49 CFR 391 as incorporated by this section.
(f) Notwithstanding any provision of 49 CFR 391 to the contrary, a
person at least eighteen (18) years of age and less than twenty-one (21)
years of age may be employed as a driver to operate a commercial
motor vehicle intrastate. However, a person employed under this
subsection is not exempt from any other provision of 49 CFR 391.
(g) Notwithstanding subsection (a) or (b), the following provisions
of 49 CFR do not apply to private carriers of property operated only in
intrastate commerce or any carriers of property operated only in
intrastate commerce while employed in construction or construction
related service:
(1) Subpart 391.41(b)(3) as it applies to physical qualifications of
a driver who has been diagnosed as an insulin dependent diabetic,
if the driver has applied for and been granted an intrastate
medical waiver by the bureau of motor vehicles pursuant to this
subsection. The same standards and the following procedures
shall apply for this waiver whether or not the driver is required to
hold a commercial driver's license. An application for the waiver
shall be submitted by the driver and completed and signed by a
certified endocrinologist or the driver's treating physician
attesting that the driver:
(A) is not otherwise physically disqualified under Subpart
391.41 to operate a motor vehicle, whether or not any
additional disqualifying condition results from the diabetic
condition, and is not likely to suffer any diminution in driving
ability due to the driver's diabetic condition;
(B) is free of severe hypoglycemia or hypoglycemia
unawareness and has had less than one (1) documented,
symptomatic hypoglycemic reaction per month;
(C) has demonstrated the ability and willingness to properly
monitor and manage the driver's diabetic condition;
(D) has agreed to and, to the endocrinologist's or treating
physician's knowledge, has carried a source of rapidly
absorbable glucose at all times while driving a motor vehicle,
has self monitored blood glucose levels one (1) hour before
driving and at least once every four (4) hours while driving or
on duty before driving using a portable glucose monitoring
device equipped with a computerized memory; and
(E) has submitted the blood glucose logs from the monitoring
device to the endocrinologist or treating physician at the time
of the annual medical examination.
A copy of the blood glucose logs shall be filed along with the
annual statement from the endocrinologist or treating physician
with the bureau of motor vehicles for review by the driver
licensing medical advisory board established under IC 9-14-4. A
copy of the annual statement shall also be provided to the driver's
employer for retention in the driver's qualification file, and a copy
shall be retained and held by the driver while driving for
presentation to an authorized federal, state, or local law
enforcement official. Notwithstanding the requirements of this
subdivision, the endocrinologist, the treating physician, the
advisory board of the bureau of motor vehicles, or the bureau of
motor vehicles may, where medical indications warrant, establish
a short period for the medical examinations required under this
subdivision.
(2) Subpart 396.9 as it applies to inspection of vehicles carrying
or loaded with a perishable product. However, this exemption
does not prohibit a law enforcement officer from stopping these
vehicles for an obvious violation that poses an imminent threat of
an accident or incident. The exemption is not intended to include
refrigerated vehicles loaded with perishables when the
refrigeration unit is working.
(3) Subpart 396.11 as it applies to driver vehicle inspection
reports.
(4) Subpart 396.13 as it applies to driver inspection.
(h) For purposes of 49 CFR 395.1(l), 49 CFR 395.1(k)(2), "planting
and harvesting season" refers to the period between January 1 and
December 31 of each year. The intrastate commerce exception set forth
in 49 CFR 395.1(l), 49 CFR 395.1(k), as it applies to the transportation
of agricultural commodities and farm supplies, is restricted to single
vehicles and cargo tank motor vehicles with a capacity of not more than
five thousand four hundred (5,400) gallons.
(i) The requirements of 49 CFR 390.21 do not apply to an intrastate
carrier or a guest operator not engaged in interstate commerce and
operating a motor vehicle as a farm vehicle in connection with
agricultural pursuits usual and normal to the user's farming operation
or for personal purposes unless the vehicle is operated either part time
or incidentally in the conduct of a commercial enterprise.
(j) The superintendent of state police may adopt rules under
IC 4-22-2 governing the parts and subparts of 49 CFR incorporated by
reference under this section.
(1) Except as provided in IC 31-37-3, the individual may not operate a motor vehicle during the curfew hours specified in IC 31-37-3-2.
(2) During the ninety (90) days following the issuance of the
probationary license, the individual may not operate a motor
vehicle in which there are passengers unless another individual:
who:
(A) who is at least twenty-one (21) years of age and (B) holds
a valid operator's license issued under this article; or
(B) who is the individual's parent, guardian, or stepparent of
the operator who individual holding a probationary license
and who is at least twenty-one (21) years of age;
is present in the front seat of the motor vehicle.
(3) The individual may operate a motor vehicle only if:
(A) a safety belt is properly fastened about the body of the
individual; and
(B) a safety belt is properly fastened about the body of each
occupant of the motor vehicle;
has a safety belt properly fastened about the occupant's body at all
times when the motor vehicle is in motion.
(c) (d) An individual who holds a probationary license issued under
this section may receive an operator's license, a chauffeur's license, a
public passenger chauffeur's license, or a commercial driver's license
when the individual is at least eighteen (18) years of age.
(d) (e) Except as provided in subsection (e), (f), a probationary
license issued under this section:
(1) expires at midnight of the twenty-first birthday of the holder;
and
(2) may not be renewed.
(e) (f) A probationary license issued under this section to an
individual who complies with IC 9-24-9-2.5(5) through
IC 9-24-9-2.5(9) IC 9-24-9-2.5(10) expires:
(1) at midnight one (1) year after issuance if there is no expiration
date on the authorization granted to the individual to remain in the
United States; or
(2) if there is an expiration date on the authorization granted to
the individual to remain in the United States, the earlier of the
following:
(A) At midnight of the date the authorization to remain in the
United States expires.
(B) At midnight of the twenty-first birthday of the holder.
(b) A license issued to or held by an individual less than eighteen (18) years of age is a probationary license.
(1) Except as provided in subdivision (3),
(2) Except as provided in subdivision (3),
(A) between 1 a.m. and 5 a.m. on a Saturday or Sunday;
(B) after 11 p.m. on Sunday, Monday, Tuesday, Wednesday, or Thursday; or
(C) before 5 a.m. on Monday, Tuesday, Wednesday, Thursday, or Friday.
(3) The individual may operate a motor vehicle during the periods described in subdivisions (1) and (2) if the individual operates the motor vehicle while:
(A) participating in, going to, or returning from:
(i) lawful employment;
(ii) a school sanctioned activity; or
(iii) a religious event; or
(B) accompanied by a licensed driver at least twenty-five (25) years of age.
(4) The individual may not operate a motor vehicle while using a telecommunications device until the individual becomes eighteen (18) years of age unless the telecommunications device is being used to make a 911 emergency call.
(5) Except as provided in subdivision (6), during the one hundred eighty (180) days after the issuance of the probationary license, the individual may not operate a motor vehicle in which there are passengers until the individual becomes eighteen (18) years of age unless another individual:
(A) who:
(i) is at least twenty-five (25) years of age; and
(ii) holds a valid operator's, chauffeur's, public passenger chauffeur's, or commercial driver's license issued under this article;
(B) who is a certified driver education instructor; or
(C) who is the parent, guardian, or stepparent of the operator
is present in the front seat of the motor vehicle.
(6)
(A) a child of the individual;
(B) a sibling of the individual;
(C) a child and a sibling of the individual;
(D) the spouse of the individual; or
(E) a child and the spouse of the individual;
without another accompanying individual present in the motor
vehicle.
(7) The individual may operate a motor vehicle only if the
individual and each occupant of the motor vehicle (A) are:
(A) properly restrained by a properly fastened safety belt; or
(B) if the occupant is a child, the child must be restrained in
a properly fastened and restrained in a child restraint system
according to the manufacturer's instructions under
IC 9-19-11;
properly fastened about the occupant's body at all times when the
motor vehicle is in motion.
(c) An individual who holds a probationary license issued under
this section may receive an operator's license, a chauffeur's license, a
public passenger chauffeur's license, or a commercial driver's license
when the individual is at least eighteen (18) years of age.
(d) Except as provided in IC 9-24-12-1(e), a probationary license
issued under this section:
(1) expires at midnight of the date thirty (30) days after the
twenty-first birthday of the holder; and
(2) may not be renewed.
(1) The full legal name of the permittee or licensee.
(2) The date of birth of the permittee or licensee.
(3) The address of the principal residence of the permittee or licensee.
(4) The hair color and eye color of the permittee or licensee.
(5) The date of issue and expiration date of the permit or license.
(6) The gender of the permittee or licensee.
(7) The unique identifying number of the permit or license.
(8) The weight of the permittee or licensee.
(9) The height of the permittee or licensee.
(10) A reproduction of the signature of the permittee or licensee.
(11) If the permittee or licensee is less than eighteen (18) years of age at the time of issuance, the dates on which the permittee or licensee will become:
(A) eighteen (18) years of age; and
(B) twenty-one (21) years of age.
(12) If the permittee or licensee is at least eighteen (18) years of
age but less than twenty-one (21) years of age at the time of
issuance, the date on which the permittee or licensee will become
twenty-one (21) years of age.
(13) Except as provided in subsection (b) or (c), a digital
photograph of the permittee or licensee.
(b) The following permits or licenses do not require a digital
photograph:
(1) Temporary motorcycle learner's permit issued under
IC 9-24-8.
(2) Motorcycle learner's permit issued under IC 9-24-8.
(c) The bureau may provide for the omission of a photograph or
computerized image from any other license or permit if there is good
cause for the omission. However, a license issued without a digital
photograph must include the language described in subsection (f).
(d) The information contained on the permit or license as required
by subsection (a)(11) or (a)(12) for a permittee or licensee who is less
than twenty-one (21) years of age at the time of issuance shall be
printed prominently on the permit or license.
(e) This subsection applies to a permit or license issued after
January 1, 2007. If the applicant for a permit or license submits
information to the bureau concerning the applicant's medical condition,
the bureau shall place an identifying symbol on the face of the permit
or license to indicate that the applicant has a medical condition of note.
The bureau shall include information on the permit or license that
briefly describes the medical condition of the holder of the permit or
license. The information must be printed in a manner that alerts a
person reading the permit or license to the existence of the medical
condition. The permittee or licensee is responsible for the accuracy of
the information concerning the medical condition submitted under this
subsection. The bureau shall inform an applicant that submission of
information under this subsection is voluntary.
(f) Any license or permit issued by the state that does not require a
digital photograph must include a statement that indicates that the
license or permit may not be accepted by any federal agency for federal
identification or any other federal purpose.
(g) A license or permit issued by the state to an individual who:
(1) has a valid, unexpired nonimmigrant visa or has nonimmigrant
visa status for entry in the United States;
(2) has a pending application for asylum in the United States;
(3) has a pending or approved application for temporary protected
status in the United States;
(4) has approved deferred action status; or
(5) has a pending application for adjustment of status to that of an alien lawfully admitted for permanent residence in the United States or conditional permanent residence status in the United States;
must be clearly identified as a temporary license or permit. A temporary license or permit issued under this subsection may not be renewed without the presentation of valid documentary evidence proving that the licensee's or permitee's temporary status has been extended.
(h) The bureau may adopt rules under IC 4-22-2 to carry out this section.
(i) For purposes of subsection (a), an individual certified as a program participant in the address confidentiality program under IC 5-26.5 is not required to provide the address of the individual's principal residence, but may provide an address designated by the office of the attorney general under IC 5-26.5 as the address of the individual's principal residence.
(1) Seven dollars ($7) to the motorcycle operator safety education fund established by IC 20-30-13-11.
(2) An amount prescribed as a license branch service charge under IC 9-29-3.
(3) Thirty cents ($0.30) to the spinal cord and brain injury fund under IC 16-41-42.2-3, as provided under section 0.5 of this chapter.
(4) The balance to the state general fund for credit to the motor vehicle highway account.
(1) a balance sheet certified by a certified public accountant at the end of the club's last available fiscal year showing net assets of the motor club in excess of five hundred thousand dollars ($500,000); or
(2) a deposit by a surety company qualified to transact business in Indiana of an annual bond in the amount of twenty-five thousand dollars ($25,000) payable to the state guaranteeing, in the amount of fines and costs, the motor club cards covered by the plan when used as a security deposit.
(b) A motor club that is a foreign corporation not qualified to transact business in Indiana under IC 23-1,
(c) A motor club must, upon filing a plan with the secretary of state, pay a filing fee of fifty dollars ($50).
(d) A motor club must annually renew the club's motor card plan. Renewal must be made by filing before May 1 of each year a new certified balance sheet or surety bond together with a renewal fee of fifty dollars ($50) with the secretary of state.
(e) An approved plan may be terminated by the motor club sixty (60) days after written notice or termination has been delivered to the secretary of state. Upon failure of a motor club to guarantee a security deposit, the motor club plan may be terminated by the secretary of state under IC 4-21.5-3.
(f) Termination by the secretary of state does not relieve a motor club of the club's obligation to pay judgments on cards covered by the club's plan and accepted as security as provided in this chapter. The attorney general may bring an action for the state in an Indiana court against a motor club to enforce an obligation.
(g) The secretary of state shall, by June 1 of each year and at other times necessary for the administration of this section, prepare and distribute to all courts having jurisdiction over minor traffic violations and to the superintendent of the state police department lists of motor club cards that may be accepted as a security deposit.
(1) Establish, under the terms of a supplementary trust agreement, disability expense reimbursements and disability pensions to be paid to employee beneficiaries who incur a disability in the line of duty.
(2) Establish, under the terms of a supplementary trust agreement, disability expense reimbursements and disability pensions to be paid to employee beneficiaries who incur a disability not in the line of duty.
(3) Seek rulings from the Internal Revenue Service as to the federal tax treatment for the line of duty disability benefits authorized by this section.
Except as provided in subsection (d), a monthly disability pension may not exceed the maximum basic pension amount. However, in the case of disability incurred in the line of duty, an employee beneficiary may receive not more than forty dollars ($40) per month for each dependent parent and dependent child less than eighteen (18) years of age, in addition to the monthly disability pension payment under this chapter. Time in disability pension status is considered qualifying active service for purposes of calculating a retirement pension.
(b) This section shall be administered in a manner that is consistent
with the Americans with Disabilities Act (42 U.S.C. 12101 et seq.) and
the regulations and amendments related to that act, to the extent
required by that act.
(c) A disability payment made under this chapter is worker's
compensation instead of a payment under IC 22-3-2 through IC 22-3-7.
(d) A regular, paid police employee of the state police department
who has a permanent and total disability from a catastrophic personal
injury that:
(1) is sustained in the line of duty after January 1, 2001; and
(2) permanently prevents the employee from performing any
gainful work;
shall receive a disability pension equal to the employee's regular salary
at the commencement of the disability. The disability pension provided
under this subsection is provided instead of the regular monthly
disability pension. The disability pension provided under this
subsection must be increased at a rate equal to any salary increases the
employee would have received if the employee remained in active
service.
(1) IC 31-32-13.
(b) As used in this section, "unit" has the meaning set forth in IC 36-1-2-23.
(c) A unit may choose not to participate in the statewide mutual aid program if the unit:
(1) adopts an ordinance or a resolution declaring that the unit will
not participate in the statewide mutual aid program; and
(2) provides a copy of the ordinance or resolution to:
(A) the local emergency management organization that serves
the unit; and
(B) the department.
(d) Each participating unit shall establish an incident management
system and a unified command system to be used in a response to a
disaster or an emergency.
(e) A participating unit may request the assistance of at least one (1)
other participating unit to:
(1) manage disaster response or recovery; or
(2) conduct disaster response or recovery related exercises,
testing, or training.
(f) A request for assistance to a participating unit under subsection
(e) shall be made by and to the executive of the unit or the executive's
authorized representative. A request may be oral or in writing. A
written request shall be made on forms developed by the department.
An oral request shall be confirmed in writing not later than twenty-four
(24) hours after the oral request is made.
(g) A request must include the following information:
(1) A description of the disaster response and recovery functions
for which assistance is needed, including the following:
(A) Fire.
(B) Law enforcement.
(C) Emergency medical.
(D) Transportation.
(E) Communications.
(F) Public works and engineering.
(G) Building inspection.
(H) Planning and information assistance.
(I) Mass care.
(J) Resource support.
(K) Health and other medical services.
(L) Search and rescue.
(2) The amount and type of services, equipment, supplies,
materials, personnel, and other resources needed and a reasonable
estimate of the length of time they will be needed.
(3) The specific place and time for staging of the assisting
participating unit's provision of assistance and a point of contact
at that location.
(h) A participating unit that is requested to render assistance shall
take the necessary action to provide and make available the requested
services, equipment, supplies, materials, personnel, and other
resources.
(i) A participating unit's obligation to provide assistance is subject
to the following restrictions:
(1) A participating unit's request to receive assistance is effective
only:
(A) upon declaration of a local disaster emergency by the
executive officer of the unit under section 23 section 29 of this
chapter; or
(B) upon the commencement of the exercises, testing, or
training.
(2) The assistance shall continue as long as:
(A) the state of emergency remains in effect and the loaned
resources are required by the receiving participating unit or the
loaned resources remain in the receiving participating unit; or
(B) the exercises, testing, or training is in progress.
(3) The participating unit rendering the assistance may withhold
resources or recall loaned resources to the extent necessary to
provide for the participating unit's own reasonable protection.
(4) Emergency forces providing assistance shall continue under
the command and control of their regular leaders, but
operationally those forces shall be under the control of the
incident commander or unified commander designated by the
requesting participating unit.
(1) Adopt bylaws for the regulation of the foundation's affairs and the conduct of the foundation's business.
(2) Adopt an official seal, which may not be the seal of the state.
(3) Maintain a principal office and other offices the foundation designates.
(4) Sue and be sued in the name and style of "Indiana
(5) Exercise the powers or perform the following duties of the foundation:
(A) Acquire by any means a right or an interest in or upon personal property of any kind or nature. The foundation shall hold the legal title to property acquired in the name of the foundation.
(B) Dispose of a right or an interest in personal property.
(6) Make and enter into all contracts, undertakings, and agreements necessary or incidental to the performance of the duties and the execution of the powers of the foundation under this chapter.
(7) Assist the department to develop projects.
(8) Receive and accept from any person grants for or in aid of the acquisition, construction, improvement, or development of any part of the projects of the foundation and receive and accept aid or contributions from any source of money, personal property, labor, or other things of value to be held, used, applied, or disposed of only for the purposes consistent with the purposes of this chapter for which the grants and contributions may be made.
(9) Hold, use, administer, and expend money that may be acquired by the foundation.
(10) Do all acts and things necessary or proper to carry out the powers expressly granted in this chapter.
(1) less than eighteen (18) years of age;
(2) adjudicated to be a delinquent child and placed in:
(A) a community based correctional facility for children;
(B) a juvenile detention facility; or
(C) a secure facility, not including a facility licensed as a child caring institution under IC 31-27; and
(3) ineligible to participate in the Medicaid program during the placement described in subdivision (2) because of federal Medicaid law;
the division of family resources, upon notice that a child has been adjudicated to be a delinquent child and placed in a facility described
in subsection (a)(2), subdivision (2) shall suspend the child's
participation in the Medicaid program for up to six (6) months before
terminating the child's eligibility.
(b) If the division of family resources receives:
(1) a dispositional decree under IC 31-37-19-28; or
(2) a modified disposition order under IC 31-37-22-9;
and the department of correction gives the division at least forty (40)
days notice that a child will be released from a facility described in
subsection (a)(2)(C), the division of family resources shall take action
necessary to ensure that a child described in subsection (a) is eligible
to participate in the Medicaid program upon the child's release, if the
child is eligible to participate.
(1) under sections 13 through 16 of this chapter;
(2) under section 6 of this chapter when the person becomes ineligible for medical assistance under IC 12-14-2-5.1 or IC 12-14-2-5.3; or
(3) as an individual with a disability if the person is less than eighteen (18) years of age and otherwise qualifies for assistance.
(b) Notwithstanding any other law, the following may not be construed to limit health care assistance to a person described in subsection (a):
(1) IC 12-8-1-13.
(2) IC 12-14-1-1.
(3) IC 12-14-1-1.5.
(4) IC 12-14-2-5.1.
(5) IC 12-14-2-5.2.
(6) IC 12-14-2-5.3.
(7) IC 12-14-2-17.
(8) IC 12-14-2-18.
(9) IC 12-14-2-20.
(10) IC 12-14-2-21.
(11) IC 12-14-2-24.
(12) IC 12-14-2-25.
(13) IC 12-14-2-26.
(14) IC 12-14-2.5.
(15) IC 12-14-5.5.
(16) Section 21 of this chapter.
(b) The office may adopt emergency rules under IC 4-22-2-37.1 to implement the plan on an emergency basis.
(1) The business is independently owned and operated.
(2) The principal office of the business is located in Indiana.
(3) The business satisfies either of the following:
(A) The business has not more than:
(i) one hundred (100) employees; and
(ii) average annual gross receipts of ten million dollars ($10,000,000).
(B) If the business is a manufacturing business, the business does not have more than one hundred (100) employees.
(b) "Small business" does not include a business subject to electronic waste regulation under
(b) The department shall:
(1) review; and
(2) approve, disapprove, or partially approve and partially disapprove;
activities and land use restrictions described in
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 1. A person may not start:
(1) construction of a confined feeding operation; or
(2) expansion of a confined feeding operation that increases
animal capacity or manure containment capacity, or both;
without obtaining the prior approval of the department.
(1) to a confined feeding operation for which a person is required to submit an application for approval under section 1 of this chapter if an application for approval under section 1 of this chapter submitted with respect to the confined feeding operation was not approved by the department before May 12, 2009; and
(2) notwithstanding the effective date of the addition or amendment by P.L.127-2009 of the provisions listed in subsection (b)(1) through (b)(8).
(b) The following, as added or amended by P.L.127-2009, effective July 1, 2009, apply to a confined feeding operation described in subsection (a)(1) in the same manner as if they had been in effect on the date on which the application was submitted with respect to the confined feeding operation under section 1 of this chapter:
(1) IC 13-11-2-8.
(2) IC 13-11-2-40.
(3) IC 13-11-2-191.
(4) Section 1 of this chapter.
(5) Section 2 of this chapter.
(6) Section 2.1 of this chapter.
(7) Section 2.2 of this chapter.
(8) Section 4 of this chapter.
(b) Any incorporation of water into a product:
(1) is a consumptive use; and
(2) does not constitute a diversion for purposes of the compact.
(1) Revenue from the property tax imposed under IC 15-13-9 (repealed) before January 1, 2009.
(2) Appropriations made by the general assembly.
(3) Interest accruing from investment of money in the fund.
(4) Certain proceeds from the operation of the fair.
(b) The fund is divided into the following accounts:
(1) Agricultural fair revolving contingency account.
(2) Other accounts established by the commission.
(c) The money credited to the agricultural fair revolving contingency account may be used only to pay start-up expenses for the fair each year. Money used to pay the start-up expenses from the account must be replaced using proceeds from the operation of the fair before the proceeds may be used for any other purpose.
(1) an animal shelter;
(2) a humane society;
(3) an animal rescue operation;
(4) a hobby breeder;
(5) a person who breeds at least seventy-five percent (75%) of the person's dogs as sport dogs for hunting purposes; or
(6) a person who breeds at least seventy-five percent (75%) of the person's dogs as service dogs or as dogs for use by the police or the armed forces.
(b) As used in this section, "animal rescue operation" means a person or organization:
(1) that accepts within one (1) year:
(A) more than twelve (12) dogs; or
(B) more than nine (9) dogs and more than three (3) unweaned litters of puppies;
that are available for adoption for human companionship as pets
or as companion animals in permanent adoptive homes and that
are maintained in a private residential dwelling; or
(2) that uses a system of private residential dwellings as foster
homes for the dogs.
The term does not include a person or organization that breeds dogs.
(c) As used in this section, "hobby breeder" means a person who
maintains fewer than twenty (20) unaltered female dogs that are at least
twelve (12) months of age.
(1) The removal of lead-based paint and lead-contaminated dust.
(2) The permanent enclosure or encapsulation of lead-based paint.
(3) The replacement of lead-painted surfaces or fixtures.
(4) The removal or covering of lead-contaminated soil.
(5) All preparation, cleanup, disposal, and postabatement clearance testing activities associated with subdivisions (1) through (4).
(6) A project for which there is a written contract or other documentation, providing that a person will be conducting activities in or to a residential dwelling or child occupied facility that:
(A) will permanently eliminate lead-based paint hazards; or
(B) are designed to permanently eliminate lead-based paint hazards as described under subdivisions (1) through (5).
(7) A project resulting in the permanent elimination of lead-based paint hazards, conducted by persons certified under 40 CFR 745.226 or
(8) A project resulting in the permanent elimination of lead-based paint hazards, conducted by persons who, through the person's company name or promotional literature, represent, advertise, or hold themselves out to be in the business of performing lead-based paint activities, unless those projects are described under subsection (b) or (c).
(9) A project resulting in the permanent elimination of lead-based paint hazards that is conducted in response to state or local abatement orders.
(b) The term does not include renovation, remodeling, landscaping,
or other activities when those activities are not designed to permanently
eliminate lead-based paint hazards but are designed to repair, restore,
or remodel a structure or dwelling, even though these activities may
incidentally result in a reduction or elimination of lead-based paint
hazards.
(c) The term does not include interim controls, operations, or
maintenance activities or other measures designed to temporarily
reduce lead-based paint hazards.
(b) "Fund", for purposes of IC 16-31-8.5, has the meaning set forth in IC 16-31-8.5-2.
(c) "Fund", for purposes of IC 16-41-39.4, refers to the childhood lead poisoning prevention fund established by IC 16-41-39.4-3.1.
(d) "Fund", for purposes of IC 16-41-39.8, refers to the lead trust fund established by IC 16-41-39.8-7.
(e) "Fund", for purposes of IC 16-46-5, has the meaning set forth in IC 16-46-5-3.
(f) "Fund", for purposes of IC 16-46-12, has the meaning set forth in IC 16-46-12-1.
(g) "Fund", for purposes of IC 16-41-42.2, has the meaning set forth in IC 16-41-42.2-2.
(h) "Fund", for purposes of IC 16-35-8, has the meaning set forth in IC 16-35-8-2.
appropriate for the security of the life and health of occupants.
(b) The rules adopted under subsection (a) shall be enforced by
local health officers under IC 16-20-1-19 and IC 16-22-8-34(a)(22).
IC 16-22-8-34(a)(23).
(c) The rules must include the following:
(1) A requirement for an inspection fee necessary to cover all the
expenses incurred in the process of conducting inspections of a
mobile camp, to be paid by the railroad company operating the
mobile camp.
(2) A provision that the inspection fee shall be paid to the:
(A) local health department under IC 16-20-1-2; or
(B) municipal corporation created under IC 16-22-8-6;
before initiation of the inspection. The fee shall be deposited in
the general fund of the local health department or the municipal
corporation.
(3) A requirement that the railroad company, after the departure
of the mobile camp, restore the property upon which the mobile
camp existed to its condition before the arrival of the mobile
camp.
(4) A provision that the officials of the local health department or
the municipal corporation referenced in subdivision (2) may
conduct either:
(A) independent inspections of the mobile camp without the
presence of the railroad company or a union representative; or
(B) joint inspections of the mobile camp with the presence of
the railroad company and a union representative of each craft
of employees working for the railroad company.
(b) A:
(1) prosecuting attorney may seek to obtain access to a defendant's medical information if the defendant has been charged with a potentially disease
(2) defendant who has been charged with a potentially disease
by filing a verified petition for the release of medical information with the court.
(c) The prosecuting attorney or defendant who files a petition under subsection (b) shall serve a copy of the petition on:
(1) the person whose medical information is sought;
(2) the guardian, guardian ad litem, or court appointed special advocate appointed for a minor, parent, or custodian of a person who is incompetent, if applicable; and
(3) the provider that maintains the record, or the attorney general if the provider is a state agency;
at the time of filing in accordance with Indiana Trial Rule 4.
(d) The court shall set the matter for hearing not later than twenty (20) days after the date of filing.
(e) If, following a hearing for release of a person's medical information, the court finds probable cause to believe that the medical information may be relevant to the prosecution or defense of a person who has been charged with a potentially disease transmitting offense, the court shall order the person having custody of the person's medical information to release the medical information to the court.
(f) The court shall examine the person's medical information in camera. If, after examining the medical information in camera and considering the evidence presented at the hearing, the court finds probable cause to believe that the medical information is relevant to the prosecution or defense of a person who has been charged with a potentially disease transmitting offense, the court may order the release of a person's medical information to the petitioner.
(g) In an order issued under subsection (f), the court shall:
(1) permit the disclosure of only those parts of the person's medical information that are essential to fulfill the objective of the order;
(2) restrict access to the medical information to those persons whose need for the information is the basis of the order; and
(3) include in its order any other appropriate measures to limit disclosure of the medical information to protect the right to privacy of the person who is the subject of the medical information.
(h) A hearing for the release of a person's medical information may be closed to the public. The transcript of the hearing, the court's order, and all documents filed in connection with the hearing are confidential. In addition, if a person's medical information is disclosed in a legal proceeding, the court shall order the record or transcript of the testimony to be preserved as a confidential court record.
(i) This section does not prohibit the application to medical information of any law concerning medical information that is not addressed by this section.
(b) The state department shall adopt rules under IC 4-22-2 to replace the rules of the air pollution control board described in subsection (a) and to implement this chapter. The rules adopted by the state department must contain at least the elements required to receive program authorization under 40 CFR 745, Subpart L, as in effect July 1, 2002, and must do the following:
(1) Establish minimum requirements for the issuance of a license for:
(A) lead-based paint activities inspectors, risk assessors, project designers, supervisors, abatement workers, and contractors; and
(B) clearance examiners.
(2) Establish minimum requirements for approval of the providers of:
(A) lead-based paint activities training courses; and
(B) clearance examiner training courses.
(3) Establish minimum qualifications for:
(A) lead-based paint activities training course instructors; and
(B) clearance examiner training course instructors.
(4) Extend the applicability of the licensing requirements to other facilities as determined necessary by the board.
(5) Establish work practice standards.
(6) Establish a state department or third party examination process.
(7) Identify activities, if any, that are exempted from licensing requirements.
(8) Establish a reasonable fee based on current market value per person, per license, for the period the license is in effect for a person seeking a license under section 3 of this chapter. However, the following may not be required to pay a fee established under this subdivision:
(A) A state.
(B) A municipal corporation (as defined in IC 36-1-2-10).
(C) A unit (as defined in IC 36-1-2-23).
(9) Establish a reasonable fee based on current market value per course, per year, for a lead-based paint activities training program seeking approval of a lead-based paint activities training course under section 4 of this chapter. However, the following may not be required to pay a fee established under this subdivision:
(A) A state.
(B) A municipal corporation (as defined in IC 36-1-2-10).
(C) A unit (as defined in IC 36-1-2-23).
(D) An organization exempt from income taxation under 26 U.S.C. 501(a).
(10) Establish a reasonable fee based on current market value per course, per year, for a clearance examiner training program seeking approval of a clearance examiner training course under section 5 of this chapter. However, the following may not be required to pay a fee established under this subdivision:
(A) A state.
(B) A municipal corporation (as defined in IC 36-1-2-10).
(C) A unit (as defined in IC 36-1-2-23).
(D) An organization exempt from income taxation under 26 U.S.C. 501(a).
(c) The amount of the fees under subsection (b) may not be more than is necessary to recover the cost of administering this chapter.
(d) The proceeds of the fees under subsection (b) must be deposited in the lead trust fund established by section 7 of this chapter.
(e) The minimum requirements established under subsection (b)(1) must be sufficient to allow the clearance examiner to perform clearance examinations without the approval of a certified risk assessor or inspector as provided in 24 CFR 35.1340(b)(1)(iv), as in effect July 1, 2002.
(1) access the information at any time; and
(2) accurately determine:
(A) where each student is enrolled and attending classes; and
(B) the number of students enrolled in a school corporation or charter school and residing in the area served by a school corporation;
as of any date after December 31, 2009, occurring before two (2) regular instructional days before the date of the inquiry.
Each school corporation and charter school shall provide the information to the department in the form and on a schedule that permits the department to comply with this section. The department shall provide technical assistance to school corporations and charter schools to assist school corporations and charter schools in complying with this section.
(1) virtual distance learning;
(2) online technologies; or
(3) computer based instruction.
(b) The department shall establish a pilot program to provide funding for a statewide total of up to two hundred (200) students who attend virtual charter schools in the school year ending in 2010 and five hundred (500) students who attend virtual charter schools in the school year ending in 2011. The department shall choose an entity or entities to operate the virtual charter school. The pilot program must focus on children who have medical disabilities or circumstances that prevent them from attending school or for whom a virtual charter school is a better alternative than a traditional school. At least seventy-five percent (75%) of the students enrolled in virtual charter schools under this section must have been included in the ADM count for the previous school year.
(c) A virtual charter school is entitled to receive funding from the state in an amount equal to the product of:
(1) the number of students included in the virtual charter school's ADM who are participating in the pilot program; multiplied by
(2) eighty percent (80%) of the statewide average basic tuition support.
(d) The department shall adopt rules under IC 4-22-2 to govern the operation of virtual charter schools.
(e) Beginning in 2009, the department shall before December 1 of each year submit an annual report to the
(1) that are not regularly provided as part of the established curriculum during the school year; and
(2) for which a student who successfully completes a program may receive high school and college credit under an articulation agreement or dual credit provision under IC 20-32-3-9 or IC 21-43-2.
personally attended by:
(1) the student's parent;
(2) the student;
(3) each designated appropriate school employee; and
(4) the student's principal.
(b) A student who is at least sixteen (16) years of age but less than
eighteen (18) years of age is bound by the requirements of compulsory
school attendance and may not withdraw from school before graduation
unless:
(1) the student, the student's parent, and the principal agree to the
withdrawal;
(2) at the exit interview, the student provides written
acknowledgment of the withdrawal that meets the requirements
of subsection (c) and the:
(A) student's parent; and
(B) school principal;
each provide written consent for the student to withdraw from
school; and
(3) the withdrawal is due to:
(A) financial hardship and the individual must be employed to
support the individual's family or a dependent;
(B) illness; or
(C) an order by a court that has jurisdiction over the student.
(c) A written acknowledgment of withdrawal under subsection (b)
must include a statement that the student and the student's parent
understand that withdrawing from school is likely to:
(1) reduce the student's future earnings; and
(2) increase the student's likelihood of being unemployed in the
future.
A. Except as otherwise provided in paragraph B, this compact applies to the children of the following:
1. An active duty member of the uniformed services, including a member of the National Guard and Reserve on active duty orders under 10 U.S.C. 1209 and 10 U.S.C 1211.
2. A member or veteran of the uniformed services who is severely injured and medically discharged or retired for at least one (1) year after medical discharge or retirement.
3. A member of the uniformed services who dies on active duty or as a result of injuries sustained on active duty, for one (1) year
after the member's death.
B. This compact applies only to local education agencies as defined
in this compact.
C. This compact does not apply to the children of the following:
1. Inactive members of the National Guard and military reserves.
2. Retired members of the uniformed services, except as provided
in paragraph A.
3. Veterans of the uniformed services, except as provided in
paragraph A.
4. Other United States Department of Defense personnel and
other federal agency civilian and contract employees not defined
as active duty members of the uniformed services.
A. Oversight
1. The executive, legislative, and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to effectuate the compact's purposes and intent. This compact and the rules adopted under this compact have standing as statutory law.
2. All courts shall take judicial notice of this compact and the rules adopted under this compact in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact that may affect the powers, responsibilities, or actions of the interstate commission.
3. The interstate commission is entitled to receive all service of process in any proceeding and has standing to intervene in the proceeding for all purposes. Failure to provide service of process to the interstate commission renders a judgment or an order void as to the interstate commission, this compact, or adopted rules.
B. If the interstate commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact, the bylaws, or the adopted rules, the interstate commission shall do the following:
1. Provide written notice to the defaulting state and other member states of the nature of the default, the means of curing the default, and any action taken by the interstate commission. The interstate commission shall specify the conditions by which the defaulting state must cure its default.
2. Provide remedial training and specific technical assistance
regarding the default.
3. If the defaulting state fails to cure the default, the defaulting
state shall be withdrawn from this compact upon an affirmative
vote of a majority of the member states, and all rights, privileges,
and benefits conferred by this compact are terminated from the
effective date of the defaulting state's withdrawal. A cure of the
default does not relieve the offending state of obligations or
liabilities incurred during the period of the default.
4. Suspension or termination of membership in this compact shall
be imposed only after all other means of securing compliance
have been exhausted. Notice of intent to suspend or withdraw
shall be given by the interstate commission to the governor, the
majority and minority leaders of the defaulting state's legislature,
and each of the member states.
5. The member state that has been suspended or withdrawn is
responsible for all assessments, obligations, and liabilities
incurred through the effective date of its suspension or
termination, including obligations, the performance of which
extends beyond the effective date of suspension or withdrawal.
6. The interstate commission shall not bear any costs relating to
any member state that has been found to be in default or that has
been suspended or withdrawn from this compact unless otherwise
mutually agreed upon in writing between the interstate
commission and the defaulting member state.
7. The defaulting member state may appeal the action of the
interstate commission by petitioning the United States District
Court for the District of Columbia or the federal district where the
interstate commission has its principal offices. The prevailing
party shall be awarded all costs of such litigation, including
reasonable attorney's fees.
C. Dispute Resolution
1. The interstate commission shall attempt, upon the request of a
member state, to resolve disputes that are subject to this compact
and that may arise among member states and between member
and nonmember states.
2. The interstate commission shall adopt a rule providing for both
mediation and binding dispute resolution for disputes as
appropriate.
D. Enforcement
1. The interstate commission, in the reasonable exercise of its
discretion, shall enforce the provisions and rules of this compact.
2. The interstate commission may, by majority vote of the
members, initiate legal action in the United State States District
Court for the District of Columbia or, at the discretion of the
interstate commission, in the federal district where the interstate
commission has its principal offices, to enforce compliance with
this compact and its adopted rules and bylaws against a member
state in default. The relief sought may include both injunctive
relief and damages. In the event judicial enforcement is necessary,
the prevailing party shall be awarded all costs of such litigation,
including reasonable attorney's fees.
3. The remedies set forth in this section are not the exclusive
remedies of the interstate commission. The interstate commission
may avail itself of any other remedies available under state law or
the regulation of a profession.
(b) This section applies to each school corporation that:
(1) did not issue bonds under IC 20-5-4-1.7 before its repeal; or
(2) issued bonds under IC 20-5-4-1.7 (repealed):
(A) before April 14, 2003; or
(B) after April 13, 2003, if an order approving the issuance of the bonds was issued by the department of local government finance before April 14, 2003.
(c) In addition to the purposes set forth in section 1 of this chapter, a school corporation described in subsection (b) may issue bonds to implement solutions to contractual retirement or severance liability. The issuance of bonds for this purpose is subject to the following conditions:
(1) The school corporation may issue bonds under this section only one (1) time.
(2) A school corporation described in subsection (b)(1) or (b)(2)(A) must issue the bonds before July 1, 2006.
(3) The solution to which the bonds are contributing must be reasonably expected to reduce the school corporation's unfunded
contractual liability for retirement or severance payments as it
existed on June 30, 2001.
(4) The amount of the bonds that may be issued for the purpose
described in this section may not exceed:
(A) two percent (2%) of the true tax value of property in the
school corporation, for a school corporation that did not issue
bonds under IC 20-5-4-1.7 (before its repeal); or
(B) the remainder of:
(i) two percent (2%) of the true tax value of property in the
school corporation as of the date that the school corporation
issued bonds under IC 20-5-4-1.7 (before its repeal); minus
(ii) the amount of bonds that the school corporation issued
under IC 20-5-4-1.7 (before its repeal);
for a school corporation that issued bonds under IC 20-5-4-1.7
(repealed) as described in subsection (b)(2).
(5) Each year that a debt service levy is needed under this section,
the school corporation shall reduce the total property tax levy for
the school corporation's transportation, school bus replacement,
capital projects, and art association and historical society funds,
as appropriate, in an amount equal to the property tax levy needed
for the debt service under this section. The property tax rate for
each of these funds shall be reduced each year until the bonds are
retired.
(6) The school corporation shall establish a separate debt service
fund for repayment of the bonds issued under this section.
(d) Bonds issued for the purpose described in this section shall be
issued in the same manner as other bonds of the school corporation.
(e) Bonds issued under this section are not subject to the petition
and remonstrance process under IC 6-1.1-20 or to the limitations
contained in IC 36-1-15.
(1) Due diligence materials that are proprietary to the institutional investment fund or the alternative vehicle.
(2) Quarterly and annual financial statements of alternative investment vehicles.
(3) Meeting materials of alternative investment vehicles that
contain individual portfolio holdings.
(4) Records containing information regarding the underlying
portfolio positions in which alternative investment vehicles
invest.
(5) Capital call and distribution notices.
(6) Alternative investment agreements and all related documents.
(b) Notwithstanding subsection (a), the following information
contained in records described in subsection (a) regarding alternative
investments in which institutional investment funds invest is subject to
disclosure under this chapter and is not considered a trade secret or
confidential financial information exempt from disclosure:
(1) The name, address, and vintage year of each alternative
investment vehicle.
(2) The dollar amount of the commitment made to each
alternative investment vehicle by the institutional investment fund
since inception.
(3) The dollar amount of cash contributions by the institutional
investment fund to each alternative investment vehicle since
inception.
(4) The dollar amount, on a fiscal year-end basis, of cash
distributions received by the institutional investment fund from
each alternative investment vehicle.
(5) The dollar amount, on a fiscal year-end basis, of cash
distributions received by the institutional investment fund plus the
remaining value of partnership assets attributable to the
institutional investment fund's investment in each alternative
investment vehicle.
(6) The net internal rate of return of each alternative investment
vehicle since inception.
(7) The investment multiple of each alternative investment
vehicle since inception.
(8) The schedule of management fees and costs assessed by each
alternative vehicle to the institutional investment fund.
(9) The dollar amount of cash profit received by institutional
investment funds from each alternative vehicle on a fiscal
year-end basis.
(c) The following definitions apply throughout this section:
(1) "Alternative investment" means an investment in a private
equity fund, real estate fund, venture fund, hedge fund, natural
resource, or absolute return fund.
(2) "Alternative investment vehicle" means a limited partnership,
limited liability company, or similar legal structure that is not
publicly traded through which an institutional investment fund
invests in portfolio companies.
(3) "Institutional investment fund" means a fund that consists of
money managed in an endowment fund, including a
quasi-endowment, and the returns on the endowment fund, that is
held and invested by a state educational institution. (as defined in
IC 20-12-0.5-1).
(4) "Portfolio positions" means individual portfolio investments
made by alternative investment vehicles.
(b) All insurance carriers, companies who carry risk without insurance, and third party administrators reporting accident information to the board in compliance with subsection (a) shall:
(1) report the information using electronic data interchange standards prescribed by the board no later than June 30, 1999; or
(2) in the alternative, the reporting entity shall have an implementation plan approved by the board no later than June 30, 2000, that provides for the ability to report the information using electronic data interchange standards prescribed by the board no later than December 31, 2000.
Prior to the June 30, 2000, and December 31, 2000, deadlines, the reporting entity may continue to report accidents to the board by mail in compliance with subsection (a).
(c) The report shall contain the name, nature, and location of the
business of the employer, the name, age, sex, wages, occupation of the
injured employee, the date and hour of the accident causing the alleged
injury, the nature and cause of the injury, and such other information
as may be required by the board.
(d) A person who violates any provision of this article, except
IC 22-3-5-1, IC 22-3-7-34(b), or IC 22-3-7-34(c), commits a Class C
infraction. A person who violates IC 22-3-5-1, IC 22-3-7-34(b), or
IC 22-3-7-34(c) commits a Class A infraction. The worker's
compensation board in the name of the state may seek relief from any
court of competent jurisdiction to enjoin any violation of this article.
(e) The venue of all criminal actions under this section lies in the
county in which the employee was injured. The prosecuting attorney of
the county shall prosecute all such violations upon written request of
the worker's compensation board. Such violations shall be prosecuted
in the name of the state.
(f) In an action before the board against an employer who at the time
of the injury to or occupational disease of an employee had failed to
comply with IC 22-3-5-1, IC 22-3-7-34(b), or IC 22-3-7-34(c), the
board may award to the employee or the dependents of a deceased
employee:
(1) compensation not to exceed double the compensation
provided by this article;
(2) medical expenses; and
(3) reasonable attorney fees in addition to the compensation and
medical expenses.
(g) In an action under subsection (c) (d), the court may:
(1) order the employer to cease doing business in Indiana until the
employer furnishes proof of insurance as required by IC 22-3-5-1
and IC 22-3-7-34(b) or IC 22-3-7-34(c);
(2) require satisfactory proof of the employer's financial ability to
pay any compensation or medical expenses in the amount and
manner and when due as provided for in IC 22-3, for any injuries
which occurred during any period of noncompliance; and
(3) require the employer to deposit with the worker's
compensation board an acceptable security, indemnity, or bond to
secure the payment of such compensation and medical expense
liabilities.
(h) The penalty provisions of subsection (e) (d) shall apply only to
the employer and shall not apply for a failure to exact a certificate of
insurance under IC 22-3-2-14 or IC 22-3-7-34(i) or IC 22-3-7-34(j).
UPON PASSAGE]: Sec. 2. (a) Except as provided in IC 22-4-11.5, the
department shall for each year determine the contribution rate
applicable to each employer.
(b) The balance shall include contributions with respect to the
period ending on the computation date and actually paid on or before
July 31 immediately following the computation date and benefits
actually paid on or before the computation date and shall also include
any voluntary payments made in accordance with IC 22-4-10-5 or
IC 22-4-10-5.5:
(1) for each calendar year, an employer's rate shall be determined
in accordance with the rate schedules in section 3.3 or 3.5 of this
chapter; and
(2) for each calendar year, an employer's rate shall be two and
seven-tenths percent (2.7%) before January 1, 2010, and two and
five-tenths percent (2.5%) after December 31, 2009, except as
otherwise provided in IC 22-4-37-3, unless and until:
(A) the employer has been subject to this article throughout
the thirty-six (36) consecutive calendar months immediately
preceding the computation date; and
(B) there has been some annual payroll in each of the three (3)
twelve (12) month periods immediately preceding the
computation date.
(c) This subsection applies before January 1, 2010. In addition to the
conditions and requirements set forth and provided in subsection
(b)(2)(A) and (b)(2)(B), an employer's rate shall not be less than five
and six-tenths percent (5.6%) unless all required contribution and wage
reports have been filed within thirty-one (31) days following the
computation date and all contributions, penalties, and interest due and
owing by the employer or the employer's predecessors for periods prior
to and including the computation date have been paid:
(1) within thirty-one (31) days following the computation date; or
(2) within ten (10) days after the department has given the
employer a written notice by registered mail to the employer's last
known address of:
(A) the delinquency; or
(B) failure to file the reports;
whichever is the later date.
The board or the board's designee may waive the imposition of rates
under this subsection if the board finds the employer's failure to meet
the deadlines was for excusable cause. The department shall give
written notice to the employer before this additional condition or
requirement shall apply.
(d) This subsection applies after December 31, 2009. In addition to the conditions and requirements set forth and provided in subsection (b)(2)(A) and (b)(2)(B), an employer's rate shall not be less than twelve percent (12%) unless all required contributions and wage reports have been filed within thirty-one (31) days following the computation date and all contributions, penalties, and interest due and
(1) within thirty-one (31) days following the computation date; or
(2) within ten (10) days after the department has given the employer a written notice by registered mail to the employer's last known address of:
(A) the delinquency; or
(B) failure to file the reports;
whichever is the later date. The board or the board's designee may waive the imposition of rates under this subsection if the board finds the employer's failure to meet the deadlines was for excusable cause. The department shall give written notice to the employer before this additional condition or requirement shall apply.
(e) However, if the employer is the state or a political subdivision of the state or any instrumentality of a state or a political subdivision, or any instrumentality which is wholly owned by the state and one (1) or more other states or political subdivisions, the employer may contribute at a rate of:
(1) one percent (1%), before January 1, 2010; or
(2) one and six-tenths percent (1.6%), after December 31, 2009;
until it has been subject to this article throughout the thirty-six (36) consecutive calendar months immediately preceding the computation date.
(f) On the computation date every employer who had taxable wages in the previous calendar year shall have the employer's experience account charged with the amount determined under the following formula:
STEP ONE: Divide:
(A) the employer's taxable wages for the preceding calendar year; by
(B) the total taxable wages for the preceding calendar year.
STEP TWO: Multiply the quotient determined under STEP ONE by the total amount of benefits charged to the fund under section 1 of this chapter.
(g) One (1) percentage point of the rate imposed under subsection (c) or (d), or the amount of the employer's payment that is attributable
to the increase in the contribution rate, whichever is less, shall be
imposed as a penalty that is due and shall be deposited upon collection
into the special employment and training services fund established
under IC 22-4-25-1. The remainder of the contributions paid by an
employer pursuant to the maximum rate shall be:
(1) considered a contribution for the purposes of this article; and
(2) deposited in the unemployment insurance benefit fund
established under IC 22-4-26.
When the Fund Ratio Is:
Applicable
As Much As But Less Than Schedule
1 .0% A
1 .0% 1 .5% B
1 .5% 2 .25% C
2 .25% D
(b) Except as provided in subsection (c), the applicable schedule of rates for calendar years after December 31, 2009, shall be determined by the ratio resulting when the balance in the fund as of the determination date is divided by the total payroll of all subject employers for the immediately preceding calendar year. Schedules A through I appearing on the line opposite the fund ratio in the schedule below are applicable in determining and assigning each employer's contribution rate for the calendar year immediately following the determination date. For purposes of this subsection, "total payroll" means total remuneration reported by all contributing employers as
required by this article and does not include the total payroll of any
employer who elected or is required to become liable for payments in
lieu of contributions (as defined in IC 22-4-2-32). For purposes of this
subsection, "subject employers" means those employers who are
subject to contribution.
When the Fund Ratio Is:
Applicable
As Much As But Less Than Schedule
0 .2% A
0 .2% 0 .4% B
0 .4% 0 .6% C
0 .6% 0 .8% D
0 .8% 1 .0% E
1 .0% 1 .2% F
1 .2% 1 .4% G
1 .4% 1 .6% H
1 .6% I
(c) For calendar year 2010 only, Schedule B applies in determining and assigning each employer's contribution rate.
(d) Any adjustment in the amount charged to any employer's experience account made subsequent to the assignment of rates of contributions for any calendar year shall not operate to alter the amount charged to the experience accounts of any other base-period employers.
the individual's weekly benefit amount, and the maximum amount of
benefits that may be paid to the individual for weeks of unemployment
in the individual's benefit period. For the individual who is not insured,
the notice shall include the reason for the determination. Unless the
individual, within ten (10) days after such determination was mailed to
the individual's last known address, or otherwise delivered to the
individual, asks a hearing thereon before an administrative law judge,
such determination shall be final and benefits shall be paid or denied
in accordance therewith.
(b) Not later than January 1, 2010, the department shall establish an
unemployment claims compliance center. When an individual files an
initial claim after the unemployment claims compliance center is
established, the department, before making a determination that the
individual is eligible for benefits, shall compare the information
provided by the individual making the claim with information from the
separating employer concerning the individual's eligibility for benefits.
If the information provided by the individual making the claim does not
match the information from the separating employer, the department
may not pay the individual benefits and shall refer the individual's
claim to the department's unemployment claims compliance center for
investigation. The department shall provide a written notice to the
individual who filed the claim that the individual's claim is being
referred to the unemployment claims compliance center, including the
reason for the referral.
(c) After receiving a claim from the department, the unemployment
claims compliance center shall contact the separating employer that
provided information that does not match information provided by the
individual making the claim to obtain information about the claim that
is accurate and sufficient for the department to determine whether the
individual is eligible for benefits. The center shall also obtain from the
employer the name and address of a person to receive without delay
notices served on the employer concerning the claim.
(d) Except as provided in subsection (e), the department may not
pay the individual benefits under this article as long as the discrepancy
between the information provided by the individual and the information
provided by the individual's separating employer is unresolved. If the
information provided by an individual and the information provided by
the individual's separating employer does not match, the department
shall notify both the separating employer and the individual that they
have forty-eight (48) hours to resolve the discrepancy. If the
discrepancy is not resolved at the end of the forty-eighth hour, the
department shall use the information provided by the employer to
determine the individual's eligibility for benefits.
(e) If the employer does not respond to the inquiry from the
unemployment claims compliance center within five (5) days after the
date of the inquiry, the center shall report to the department that the
employer has not responded, and the department shall use the
information provided by the individual to determine the individual's
eligibility for benefits.
(f) After the department makes a determination concerning the
individual's eligibility for benefits, the department shall promptly
furnish each employer in the base period whose experience or
reimbursable account is potentially chargeable with benefits to be paid
to such individual with a notice in writing of the employer's benefit
liability. The notice shall contain the date, the name and Social Security
account number of the individual, the ending date of the individual's
base period, the week ending date of the first week of the individual's
benefit period, the time by which the employer is required to respond
to the notice, and complete information about the rules of evidence and
standards of proof that the department will apply to determine the
validity of a claim, if an employer disputes the claim. The notice shall
further contain information as to the proportion of benefits chargeable
to the employer's experience or reimbursable account in ratio to the
earnings of such individual from such employer. Unless the employer
within ten (10) days after such notice of benefit liability was mailed to
the employer's last known address, or otherwise delivered to the
employer, asks a hearing thereon before an administrative law judge,
such determination shall be final and benefits paid shall be charged in
accordance therewith.
(g) An employing unit, including an employer, having knowledge
of any facts which may affect an individual's eligibility or right to
waiting period credits or benefits, shall notify the department of such
facts within ten (10) days after the mailing of notice that a former
employee has filed an initial or additional claim for benefits on a form
prescribed by the department.
(h) If, after the department determines that additional information
is necessary to make a determination under this chapter:
(1) the department makes a request in writing for additional
information from an employing unit, including an employer, on
a form prescribed by the department; and
(2) the employing unit fails to respond within ten (10) days after
the date the request is delivered to the employing unit;
the department shall make the determination with the information
available.
(i) If:
(1) an employer subsequently obtains a determination by the department that the employee is not eligible for benefits; and
(2) the determination is at least in part based on information that the department requested from the employer under subsection (h), but which the employer failed to provide within ten (10) days after the department's request was delivered to the employer;
the employer's experience account shall be charged an amount equal to fifty percent (50%) of the benefits paid to the employee to which the employee was not entitled.
(j) If:
(1) the employer's experience account is charged under subsection (i); and
(2) the employee repays all or a part of the benefits on which the charge under subsection (i) is based;
the employer shall receive a credit to the employer's experience account that is equal to the amount of the employee's repayment up to the amount charged to the employer's experience account under subsection (i).
(k) In addition to the foregoing determination of insured status by the department, the deputy shall, throughout the benefit period, determine the claimant's eligibility with respect to each week for which the claimant claims waiting period credit or benefit rights, the validity of the claimant's claim therefor, and the cause for which the claimant left the claimant's work, or may refer such claim to an administrative law judge who shall make the initial determination with respect thereto in accordance with the procedure in section 3 of this chapter.
(l) In cases where the claimant's benefit eligibility or disqualification is disputed, the department shall promptly notify the claimant and the employer or employers directly involved or connected with the issue raised as to the validity of such claim, the eligibility of the claimant for waiting period credit or benefits, or the imposition of a disqualification period or penalty, or the denial thereof, and of the cause for which the claimant left the claimant's work, of such determination and the reasons thereof.
(m) Except as otherwise hereinafter provided in this section regarding parties located in Alaska, Hawaii, and Puerto Rico, unless the claimant or such employer, within ten (10) days after the notification required by subsection
paid or denied in accordance therewith.
(n) For a notice of disputed administrative determination or decision
mailed or otherwise delivered to the claimant or employer either of
whom is located in Alaska, Hawaii, or Puerto Rico, unless the claimant
or employer, within fifteen (15) days after the notification required by
subsection (k) (l) was mailed to the claimant's or employer's last known
address or otherwise delivered to the claimant or employer, asks for a
hearing before an administrative law judge thereon, such decision shall
be final and benefits shall be paid or denied in accordance therewith.
(o) If a claimant or an employer requests a hearing under subsection
(m) or (n), the request therefor shall be filed with the department in
writing within the prescribed periods as above set forth in this section
and shall be in such form as the department may prescribe. In the event
a hearing is requested by an employer or the department after it has
been administratively determined that benefits should be allowed to a
claimant, entitled benefits shall continue to be paid to said claimant
unless said administrative determination has been reversed by a due
process hearing. Benefits with respect to any week not in dispute shall
be paid promptly regardless of any appeal.
(p) A person may not participate on behalf of the department in any
case in which the person is an interested party.
(q) Solely on the ground of obvious administrative error appearing
on the face of an original determination, and within the benefit year of
the affected claims, the commissioner, or a representative authorized
by the commissioner to act in the commissioner's behalf, may
reconsider and direct the deputy to revise the original determination so
as to correct the obvious error appearing therein. Time for filing an
appeal and requesting a hearing before an administrative law judge
regarding the determinations handed down pursuant to this subsection
shall begin on the date following the date of revision of the original
determination and shall be filed with the commissioner in writing
within the prescribed periods as above set forth in subsection (g).
(r) Notice to the employer and the claimant that the determination
of the department is final if a hearing is not requested shall be
prominently displayed on the notice of the determination which is sent
to the employer and the claimant.
(s) If an allegation of the applicability of IC 22-4-15-1(c)(8) is made
by the individual at the time of the claim for benefits, the department
shall not notify the employer of the claimant's current address or
physical location.
UPON PASSAGE]: Sec. 35.7. (a) If an employer fails to pay a penalty
assessed under this chapter within ten (10) calendar days of the date
that the assessment is final under section 35.6 of this chapter, the
commissioner or the commissioner's representative may file with the
circuit court clerk of any county in which the employer owns any
interest in property, real or personal, tangible or intangible, a warrant
for the amount of the assessment and interest, if applicable. The
commissioner or the commissioner's representative may also send the
warrant to the sheriff of any county in which the employer owns real or
personal property and direct the sheriff to file the warrant with the
circuit court clerk.
(b) When the circuit court clerk receives the warrant from the
commissioner, the commissioner's representative, or the sheriff, the
clerk shall record the warrant by making an entry in the judgment
debtor's column of the judgment record listing the following:
(1) The name of the employer stated in the warrant.
(2) The amount of the warrant.
(3) The date the warrant was filed with the clerk.
(c) When the entry is made, the total amount of the warrant becomes
a judgment against the employer. The judgment creates a lien in favor
of the state that attaches to all the employer's interest in any real or
personal property in the county.
(d) At least thirty (30) calendar days before the date on which the
commissioner intends to file a warrant as provided by subsection (a) in
order to impose a lien on real or personal property, the commissioner
or the commissioner's representative must send a written notice:
(1) to the owner of the real or personal property that would be
subject to the lien; or
(2) if the owner of record cannot be identified, to the tenant or
other person having control of the real or personal property;
of the date on which the commissioner or the commissioner's
representative intends to file the warrant in order to impose a lien on
the real or personal property. The commissioner or the commissioner's
representative shall provide the circuit court clerk of the county in
which the real or personal property that would be subject to the lien is
located with a copy of the written notice described in this subsection.
(e) A judgment obtained under subsection (c) is valid for ten (10)
years from the date the judgement judgment is filed.
(f) A judgment obtained under subsection (c) shall be released by
the commissioner:
(1) after the judgment, including all accrued interest to the date of
payment, has been fully satisfied; or
(2) if the commissioner determines that the assessment or the issuance of the warrant was in error.
(g) If the commissioner determines that the filing of a warrant was in error, the commissioner or the commissioner's representative shall mail a release of the judgment to the employer and the circuit court clerk of each county where the warrant was filed. The commissioner or the commissioner's representative shall mail the release as soon as possible but not later than seven (7) calendar days after:
(1) the determination by the commissioner that the filing of the warrant was in error; and
(2) the receipt of information by the commissioner or the commissioner's representative that the judgment has been recorded under subsection (b).
(h) A release issued under subsection (g) must state that the filing of the warrant was in error.
(i) After a warrant becomes a judgment under subsection
(b) In addition to other methods of payment allowed by law, the department may accept payment by credit card for certifications, licenses, and fees, and other amounts payable to the following:
(1) The department.
(2) The division of preparedness and training.
(3) The fire prevention and building safety commission.
(4) The regulated amusement device safety board.
(5) The boiler and pressure vessel rules board.
(6) The Indiana
services, and public safety training homeland security
foundation.
(7) The division of fire and building safety.
(c) The department may enter into appropriate agreements with
banks or other organizations authorized to do business in Indiana to
enable the department to accept payment by credit card.
(d) The department may recognize net amounts remitted by the bank
or other organization as payment in full of amounts due the department.
(e) The department may pay any applicable credit card service
charge or fee.
(b) Before August 1, 1987, the provisions of IC 23-1-18 through IC 23-1-54 do not apply to any domestic corporation, except in accordance with the following:
(1) The corporation's board of directors must adopt a resolution electing to have IC 23-1-18 through IC 23-1-54 (except for IC 23-1-18-3, IC 23-1-21, and IC 23-1-53-3) apply to the corporation.
(2) The resolution must specify a date (after March 31, 1986, and before August 1, 1987) on and after which those provisions will apply to the corporation.
(3) The resolution must be filed in the office of the secretary of state before the date specified under subdivision (2).
(c) The provisions of IC 23-1-18 through IC 23-1-54 (except for IC 23-1-18-3, IC 23-1-21, and IC 23-1-53-3) apply to each domestic corporation that complies with all the conditions prescribed by subsection (b). In addition, such a corporation shall continue to comply with the requirements of IC 23-1-8 and IC 23-3-2 until August 1, 1987, but it is not subject to the provisions of IC 23-1-1 through IC 23-1-7, IC 23-1-9 through IC 23-1-12, IC 23-3-1, and IC 23-3-9.
(d) The provisions of IC 6-8.1-10-9 and IC 22-4-32-23 apply to the officers and directors of each domestic corporation that complies with all the conditions prescribed by subsection (b). In addition, such a corporation is not subject to the provisions of IC 6-8.1-10-8 and IC 22-4-32-22 (repealed August 1, 1987).
(e) After a corporation becomes subject to IC 23-1-18 through IC 23-1-54, all references in the articles of incorporation of the
corporation to the former Indiana General Corporation Act (IC 23-1-1
through IC 23-1-12) (repealed August 1, 1987) shall be considered to
refer to the Indiana Business Corporation Law (IC 23-1-17 through
IC 23-1-54), unless otherwise determined by resolution of the board of
directors. Whenever the board of directors adopts such a resolution, it
shall be filed in the office of the secretary of state.
(1) The opportunity and all material facts concerning the opportunity then known to the director were disclosed to or known by the board of directors or a committee of the board of directors before the director became legally obligated regarding the opportunity, and the board of directors or committee of the board of directors disclaimed the corporation's interest in the opportunity.
(2) The opportunity and all material facts concerning the business opportunity then known to the director were disclosed to or known by the shareholders entitled to vote before the director became legally obligated regarding the opportunity, and the shareholders disclaimed the corporation's interest in the opportunity.
(b) For purposes of subsection (a)(1), a business opportunity is disclaimed if approved in the manner provided in
(c) For purposes of subsection (a)(2), a business opportunity is disclaimed if approved in the manner provided in
(d) In any proceeding seeking equitable relief or other remedies against a director for the director allegedly improperly taking advantage of a business opportunity, the fact that the director did not employ the procedure described in subsection (a) before taking advantage of the opportunity does not create an inference that the opportunity should have been first presented to the corporation or alter the burden of proof otherwise applicable to establish that the director
breached a duty to the corporation under the circumstances.
(1) IC 23-7-1.1 (repealed).
(2) The Indiana general not for profit corporation act of 1935.
(b) After July 31, 1991, an entity organized under Indiana law for a purpose for which a corporation may be organized under this article may accept the provisions of this article and avail the corporation of the rights, privileges, immunities, and franchises provided by this article by taking the following actions:
(1) The entity's board of directors or governing body must adopt a resolution electing to have this article apply to the entity.
(2) The resolution must specify a date after July 31, 1991, after which the provisions of this article will apply to the entity.
(3) The resolution must be filed with the secretary of state, with a statement providing the name and address of the entity's registered agent before the date specified under subdivision (2).
(b) Subject to Section 15(h) of the Securities Exchange Act of 1934 (15 U.S.C. 78o(h)) or Section 222(b) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-18a(b)), a broker-dealer registered or required to be registered under this article and an investment adviser registered or required to be registered under this article shall file such financial reports as are required by a rule adopted or order issued under this article. If the information contained in a record filed under this subsection is or becomes inaccurate or incomplete in a material respect, the registrant shall promptly file a correcting amendment.
(c) Subject to Section 15(h) of the Securities Exchange Act of 1934 (15 U.S.C. 78o(h)) or Section 222 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-18a):
(1) a broker-dealer registered or required to be registered under
this article and an investment adviser registered or required to be
registered under this article shall make and maintain the accounts,
correspondence, memoranda, papers, books, and other records
required by rule adopted or order issued under this article;
(2) broker-dealer records required to be maintained under
subdivision (1) may be maintained in any form of data storage
acceptable under Section 17(a) of the Securities Exchange Act of
1934 (15 U.S.C. 78q(a)) if they are readily accessible to the
commissioner; and
(3) investment adviser records required to be maintained under
subdivision (1) may be maintained in any form of data storage
required by rule adopted or order issued under this article.
(d) The records of a broker-dealer registered or required to be
registered under this article and of an investment adviser registered or
required to be registered under this article are subject to such
reasonable periodic, special, or other audits or inspections by a
representative of the commissioner, within or outside this state, as the
commissioner considers necessary or appropriate in the public interest
and for the protection of investors. An audit or inspection may be made
at any time and without prior notice. The commissioner may copy, and
remove for audit or inspection copies of, all records the commissioner
reasonably considers necessary or appropriate to conduct the audit or
inspection. The commissioner may assess a reasonable charge for
conducting an audit or inspection under this subsection.
(e) Subject to Section 15(h) of the Securities Exchange Act of 1934
(15 U.S.C. 78o(h)) or Section 222 of the Investment Advisers Act of
1940 (15 U.S.C. 80b-18a), a rule adopted or order issued under this
article may require a broker-dealer or investment adviser that has
custody of or discretionary authority over funds or securities of a
customer or client to obtain insurance or post a bond or other
satisfactory form of security in an amount not to exceed fifty thousand
dollars ($50,000). The commissioner may determine the requirements
of the insurance, bond, or other satisfactory form of security. Insurance
or a bond or other satisfactory form of security may not be required of
a broker-dealer registered under this article whose net capital exceeds,
or of an investment adviser registered under this article whose
minimum financial requirements exceed, the amounts required by rule
or order under this article. The insurance, bond, or other satisfactory
form of security must permit an action by a person to enforce any
liability on the insurance, bond, or other satisfactory form of security
if instituted within the time limitations in IC 23-19-5-9(g).
(f) Subject to Section 15(h) of the Securities Exchange Act of 1934
(15 U.S.C. 78o(h)) or Section 222 of the Investment Advisers Act of
1940 (15 U.S.C. 80b-18a), an agent may not have custody of funds or
securities of a customer except under the supervision of a broker-dealer
and an investment adviser representative may not have custody of
funds or securities of a client except under the supervision of an
investment adviser or a federal covered investment adviser. A rule
adopted or order issued under this article may prohibit, limit, or impose
conditions on a broker-dealer regarding custody of funds or securities
of a customer and on an investment adviser regarding custody of
securities or funds of a client.
(g) With respect to an investment adviser registered or required to
be registered under this article, a rule adopted or order issued under
this article may require that information or other records be furnished
or disseminated to clients or prospective clients in this state as
necessary or appropriate in the public interest and for the protection of
investors and advisory clients.
(h) A rule adopted or order issued under this article may require an
individual registered under section 2 or 4 of this chapter to participate
in a continuing education program approved by the Securities and
Exchange Commission and administered by a self-regulatory
organization or, in the absence of such a program, a rule adopted or
order issued under this article may require continuing education for an
individual registered under section 4 of this chapter.
(i) Subject to section 11.5 of this chapter, the commissioner may
annually select as many as twenty-five percent (25%) of all Indiana
home and branch offices of registered broker-dealers for completion of
compliance reports. Subject to section 11.5 of this chapter, each
broker-dealer office that is selected shall file its compliance report
according to rules adopted by the commissioner under this article not
more later than ninety (90) forty-five (45) days after being notified of
selection under this subsection. No charges or other examination fees
may be assessed against a registered broker-dealer as a result of the
examination of a compliance report filed under this subsection unless
the examination results in an investigation or examination made under
IC 23-19-6-2(a).
(b) If
(1) The value of the item.
(2) The time within which the proceeds from the sale must be paid to the consignor if the item is sold.
(3) The commission the retail merchant is to receive if the item is sold.
(4) The minimum price for the sale of the item.
(5) Any discounts ordinarily given by the retail merchant in the regular course of business.
(b) If a
(1) fifty dollars ($50);
(2) any actual, consequential, or incidental damages sustained by the consignor because of the violation of this section; and
(3) reasonable attorney's fees.
(b) This section applies to the following entities that regulate occupations or professions under the Indiana Code:
(1) Indiana board of accountancy.
(2) Indiana grain buyers and warehouse licensing agency.
(3) Indiana auctioneer commission.
(4) Board of registration for architects and landscape architects.
(5) State board of barber examiners.
(6) State board of cosmetology examiners.
(7) Medical licensing board of Indiana.
(8) Secretary of state.
(9) State board of dentistry.
(10) State board of funeral and cemetery service.
(11) Worker's compensation board of Indiana.
(12) Indiana state board of health facility administrators.
(13) Committee of hearing aid dealer examiners.
(14) Indiana state board of nursing.
(15) Indiana optometry board.
(16) Indiana board of pharmacy.
(17) Indiana plumbing commission.
(18) Board of podiatric medicine.
(19) Private investigator and security guard licensing board.
(20) State board of registration for professional engineers.
(21) Board of environmental health specialists.
(22) State psychology board.
(23) Indiana real estate commission.
(24) Speech-language pathology and audiology board.
(25) Department of natural resources.
(26) State
(27) Board of chiropractic examiners.
(28) Mining board.
(29) Indiana board of veterinary medical examiners.
(30) State department of health.
(31) Indiana physical therapy committee.
(32) Respiratory care committee.
(33) Occupational therapy committee.
(34)
(35) Real estate appraiser licensure and certification board.
(36) State board of registration for land surveyors.
(37) Physician assistant committee.
(38) Indiana dietitians certification board.
(39) Indiana hypnotist committee.
(40) Attorney general (only for the regulation of athlete agents).
(41) Manufactured home installer licensing board.
(42) Home inspectors licensing board.
(43) State board of massage therapy.
(44) Any other occupational or professional agency created after June 30, 1981.
(c) Notwithstanding any other law, the entities included in subsection (b) shall send a notice of the upcoming expiration of a license to each licensee at least sixty (60) days prior to the expiration of the license. The notice must inform the licensee of the need to renew and the requirement of payment of the renewal fee. If this notice of expiration is not sent by the entity, the licensee is not subject to a sanction for failure to renew if, once notice is received from the entity, the license is renewed within forty-five (45) days of the receipt of the notice.
(1) Indiana board of accountancy (IC 25-2.1-2-1).
(2) Board of registration for architects and landscape architects (IC 25-4-1-2).
(3) Indiana athletic trainers board (IC 25-5.1-2-1).
(4) Indiana auctioneer commission (IC 25-6.1-2-1).
(5) State board of barber examiners (IC 25-7-5-1).
(IC 25-38.1-2).
"Board" means the appropriate agency listed in the definition of regulated occupation in this section.
"Director" refers to the director of the division of consumer protection.
"Division" refers to the division of consumer protection, office of the attorney general.
"Licensee" means a person who is:
(1) licensed, certified, or registered by a board listed in this section; and
(2) the subject of a complaint filed with the division.
"Person" means an individual, a partnership, a limited liability company, or a corporation.
"Regulated occupation" means an occupation in which a person is licensed, certified, or registered by one (1) of the following:
(1) Indiana board of accountancy (IC 25-2.1-2-1).
(2) Board of registration for architects and landscape architects (IC 25-4-1-2).
(3) Indiana auctioneer commission (IC 25-6.1-2-1).
(4) State board of barber examiners (IC 25-7-5-1).
(5) State
(6) Board of chiropractic examiners (IC 25-10-1).
(7) State board of cosmetology examiners (IC 25-8-3-1).
(8) State board of dentistry (IC 25-14-1).
(9) State board of funeral and cemetery service (IC 25-15-9).
(10) State board of registration for professional engineers (IC 25-31-1-3).
(11) Indiana state board of health facility administrators (IC 25-19-1).
(12) Medical licensing board of Indiana (IC 25-22.5-2).
(13) Indiana state board of nursing (IC 25-23-1).
(14) Indiana optometry board (IC 25-24).
(15) Indiana board of pharmacy (IC 25-26).
(16) Indiana plumbing commission (IC 25-28.5-1-3).
(17) Board of podiatric medicine (IC 25-29-2-1).
(18) Board of environmental health specialists (IC 25-32-1).
(19) State psychology board (IC 25-33).
(20) Speech-language pathology and audiology board (IC 25-35.6-2).
(21) Indiana real estate commission (IC 25-34.1-2).
(22) Indiana board of veterinary medical examiners (IC 25-38.1).
(23) Department of natural resources for purposes of licensing water well drillers under IC 25-39-3.
(24) Respiratory care committee (IC 25-34.5).
(25) Private investigator and security guard licensing board (IC 25-30-1-5.2).
(26) Occupational therapy committee (IC 25-23.5).
(27)
(28) Real estate appraiser licensure and certification board (IC 25-34.1-8).
(29) State board of registration for land surveyors (IC 25-21.5-2-1).
(30) Physician assistant committee (IC 25-27.5).
(31) Indiana athletic trainers board (IC 25-5.1-2-1).
(32) Indiana dietitians certification board (IC 25-14.5-2-1).
(33) Indiana hypnotist committee (IC 25-20.5-1-7).
(34) Indiana physical therapy committee (IC 25-27).
(35) Manufactured home installer licensing board (IC 25-23.7).
(36) Home inspectors licensing board (IC 25-20.2-3-1).
(37) State department of health, for out-of-state mobile health care entities.
(38) State board of massage therapy (IC 25-21.8-2-1).
(39) Any other occupational or professional agency created after June 30, 1981.
(1) Indiana board of accountancy (IC 25-2.1-2-1).
(2) Board of registration for architects and landscape architects (IC 25-4-1-2).
(3) Indiana auctioneer commission (IC 25-6.1-2-1).
(4) State board of barber examiners (IC 25-7-5-1).
(5) State
(6) Board of chiropractic examiners (IC 25-10-1).
(7) State board of cosmetology examiners (IC 25-8-3-1).
(8) State board of dentistry (IC 25-14-1).
(9) State board of funeral and cemetery service (IC 25-15).
(10) State board of registration for professional engineers (IC 25-31-1-3).
(11) Indiana state board of health facility administrators (IC 25-19-1).
(12) Medical licensing board of Indiana (IC 25-22.5-2).
(13) Mining board (IC 22-10-1.5-2).
(14) Indiana state board of nursing (IC 25-23-1).
(15) Indiana optometry board (IC 25-24).
(16) Indiana board of pharmacy (IC 25-26).
(17) Indiana plumbing commission (IC 25-28.5-1-3).
(18) Board of environmental health specialists (IC 25-32-1).
(19) State psychology board (IC 25-33).
(20) Speech-language pathology and audiology board (IC 25-35.6-2).
(21) Indiana real estate commission (IC 25-34.1-2-1).
(22) Indiana board of veterinary medical examiners (IC 25-38.1-2-1).
(23) Department of insurance (IC 27-1).
(24) State police department (IC 10-11-2-4), for purposes of certifying polygraph examiners under IC 25-30-2.
(25) Department of natural resources for purposes of licensing water well drillers under IC 25-39-3.
(26) Private investigator and security guard licensing board (IC 25-30-1-5.2).
(27) Occupational therapy committee (IC 25-23.5-2-1).
(28)
(29) Real estate appraiser licensure and certification board (IC 25-34.1-8).
(30) State board of registration for land surveyors (IC 25-21.5-2-1).
(31) Physician assistant committee (IC 25-27.5).
(32) Indiana athletic trainers board (IC 25-5.1-2-1).
(33) Board of podiatric medicine (IC 25-29-2-1).
(34) Indiana dietitians certification board (IC 25-14.5-2-1).
(35) Indiana physical therapy committee (IC 25-27).
(36) Manufactured home installer licensing board (IC 25-23.7).
(37) Home inspectors licensing board (IC 25-20.2-3-1).
(38) State board of massage therapy (IC 25-21.8-2-1).
(39) Any other occupational or professional agency created after June 30, 1981.
(1) Indiana board of accountancy (IC 25-2.1-2-1).
(2) Board of registration for architects and landscape architects (IC 25-4-1-2).
(3) Indiana athletic trainers board (IC 25-5.1-2-1).
(4) Indiana auctioneer commission (IC 25-6.1-2-1).
(5) State board of barber examiners (IC 25-7-5-1).
(b) This section does not apply to a license, certificate, or registration that has been revoked or suspended.
(c) Notwithstanding any other law regarding the reinstatement of a delinquent or lapsed license, certificate, or registration and except as provided in section 8 of this chapter, the holder of a license, certificate, or registration that was issued by the board that is three (3) years or less delinquent must be reinstated upon meeting the following requirements:
(1) Submission of the holder's completed renewal application.
(2) Payment of the current renewal fee established by the board under section 2 of this chapter.
(3) Payment of a reinstatement fee established by the Indiana professional licensing agency.
(4) If a law requires the holder to complete continuing education as a condition of renewal, the holder:
(A) shall provide the board with a sworn statement, signed by the holder, that the holder has fulfilled the continuing education requirements required by the board; or
(B) shall, if the holder has not complied with the continuing education requirements, meet any requirements imposed under IC 25-1-4-5 and IC 25-1-4-6.
(d) Notwithstanding any other law regarding the reinstatement of a delinquent or lapsed license, certificate, or registration and except as provided in section 8 of this chapter, unless a statute specifically does not allow a license, certificate, or registration to be reinstated if it has lapsed for more than three (3) years, the holder of a license, certificate, or registration that was issued by the board that is more than three (3)
years delinquent must be reinstated upon meeting the following
requirements:
(1) Submission of the holder's completed renewal application.
(2) Payment of the current renewal fee established by the board
under section 2 of this chapter.
(3) Payment of a reinstatement fee equal to the current initial
application fee.
(4) If a law requires the holder to complete continuing education
as a condition of renewal, the holder:
(A) shall provide the board with a sworn statement, signed by
the holder, that the holder has fulfilled the continuing
education requirements required by the board; or
(B) shall, if the holder has not complied with the continuing
education requirements, meet any requirements imposed under
IC 25-1-4-5 and IC 25-1-4-6.
(5) Complete such remediation and additional training as deemed
appropriate by the board given the lapse of time involved.
(6) Any other requirement that is provided for in statute or rule
that is not related to fees.
(1) Mixed martial arts.
(2) Martial arts, including the following:
(A) Jujutsu.
(B) Karate.
(C) Kickboxing.
(D) Kung fu.
(E) Tae kwon do.
(F) Judo.
(G) Sambo.
(H) Pankration.
(I) Shootwrestling.
(3) Professional wrestling.
(4) Boxing.
(5) Sparring.
(b) The
(1) the need for a rule is so immediate and substantial that the ordinary rulemaking procedures under IC 4-22-2 are inadequate
to address the need; and
(2) an emergency rule is likely to address the need.
(1) Hold a license to practice as a dentist under this article or as a dental hygienist under IC 25-13-1.
(2) Has entered into an agreement with the committee to:
(A) either:
(i) commit to working five (5) years in
(ii) commit to working two (2) years in
(B) provide an average of at least forty (40) hours of dentistry per week in underserved areas or as a minority dentist or dental hygienist in Indiana;
(C) maintain a patient base that includes at least thirty percent (30%) as Medicaid patients; and
(D) provide a sliding fee scale, as approved by the committee, for low income patients.
(3) Has entered into an agreement with the committee that if the dentist or dental hygienist does not comply with the requirements in subdivision (2) that the dentist or dental hygienist will pay back to the committee seven thousand five hundred dollars ($7,500), plus interest, for each month that the dentist or dental hygienist did not serve or had left to serve under the terms of the agreement.
(1) meets all the requirements for licensure under section 1 of this chapter except the examination for certification requirement set forth in section 1(4) of this chapter; and
(2) has an active candidate status for the certification.
(b) An individual who is
(1) must apply for and take the next available examination for certification; and
(2) may practice under the temporary license only if directly supervised by a licensed genetic counselor or a physician licensed under IC 25-22.5 under a genetic supervision contract.
(c) An individual who holds a temporary license issued under this section and fails the examination for certification described in section 1(4) of this chapter for the first time may reapply for a second temporary license. The board may not issue a temporary license to an individual who has failed the examination for certification more than one (1) time.
(d) A temporary license issued under this section expires upon the earliest of the following:
(1) The date on which the individual meets the requirements of this chapter and is issued a license.
(2) The date that is thirty (30) days after the individual fails the examination for certification described in section 1(4) of this chapter.
(3) The date printed on the temporary license.
(e) An individual who is issued a temporary license under this section shall inform the board of the results of the individual's examination for certification described in section 1(4) of this chapter.
(1) the debtor authorizes the filing in an authenticated record or under subsection (b) or (c); or
(2) the person holds an agricultural lien that has become effective at the time of filing and the financing statement covers only collateral in which the person holds an agricultural lien.
(b) By authenticating or becoming bound as debtor by a security agreement, a debtor or new debtor authorizes the filing of an initial financing statement, and an amendment, covering:
(1) the collateral described in the security agreement; and
(2) property that becomes collateral under IC 26-1-9.1-315(a)(2), whether or not the security agreement expressly covers proceeds.
(c) By acquiring collateral in which a security interest or agricultural lien continues under IC 26-1-9.1-315(a)(1), a debtor authorizes the
filing of an initial financing statement, and an amendment, covering the
collateral and property that becomes collateral under
IC 26-9.1-315(a)(2). IC 26-1-9.1-315(a)(2).
(d) A person may file an amendment other than an amendment that
adds collateral covered by a financing statement or an amendment that
adds a debtor to a financing statement only if:
(1) the secured party of record authorizes the filing; or
(2) the amendment is a termination statement for a financing
statement as to which the secured party of record has failed to file
or send a termination statement as required by IC 26-1-9.1-513(a)
or IC 26-1-9.1-513(c), the debtor authorizes the filing, and the
termination statement indicates that the debtor authorized it to be
filed.
(e) If there is more than one (1) secured party of record for a
financing statement, each secured party of record may authorize the
filing of an amendment under subsection (d).
(1) the commissioner has the sole authority to regulate the issuance and sale of funding agreements;
(2) a funding agreement is not considered a covered policy under
(3) a claim for payments under a funding agreement must be treated as a loss claim described in Class 2 of IC 27-9-3-40; and
(4) assets supporting a funding agreement in a segregated asset account under section 8 of this chapter are subject to IC 27-9-3-40.5 and Class 1(c) of IC 27-1-5-1.
(b) As used in this section, "property and casualty insurance" means one (1) or more of the types of insurance described in IC 27-1-5-1, Class 2 and Class 3.
(c) An insurance company may issue a blanket policy of property and casualty insurance to an association or a nonprofit corporation composed of the owners of the property within a planned unit development for the purpose of insuring:
(1) the association or nonprofit corporation;
(2) the owners of the property within the planned unit development;
(3) the executive body of the association or nonprofit corporation;
(4) the managing agent of the association or nonprofit corporation, if any;
(5) all persons who act as agents or employees of:
(A) the association or nonprofit corporation;
(B) the owners of the property;
(C) the executive body; or
(D) the managing agent;
with respect to the planned unit development; and
(6) all other persons entitled to occupy any unit or other portion of the planned unit development, including property owners;
against losses under this subsection, including loss or damage to property within the planned unit development and loss of use or occupancy.
(d) An association or a nonprofit corporation composed of the owners of all of the property within a planned unit development is authorized to purchase an insurance policy described in subsection (c).
(1) "Administrator" means a hospital administrator or a hospital administrator's designee.
(2) "Gift" means a gift of all or any part of the human body made under this chapter.
(3) "Representative" means a person who is:
(b) An administrator of each hospital or the administrator's designee may ask each patient who is at least eighteen (18) years of age if the patient is an organ or a tissue donor or if the patient desires to become an organ or a tissue donor.
(c) The governing board of each hospital shall adopt procedures to determine under what circumstances an administrator or an administrator's designee may ask a patient if the patient is an organ or a tissue donor or if the patient desires to become an organ or a tissue donor.
(d) The administrator shall inform the representative of the procedures available under this chapter for making a gift whenever:
(1) an individual dies in a hospital;
(2) the hospital has not been notified that a gift has been authorized under section 4 of this chapter; and
(3) a procurement organization determines that the individual's body may be suitable of yielding a gift.
(e) If:
(1) an individual makes an anatomical gift on the individual's driver's license or identification card under IC 9-24-17; and
(2) the individual dies in a hospital;
the person in possession of the individual's driver's license or identification card shall immediately produce the driver's license or identification card for examination upon request, as provided in section 10(l) of this chapter.
(f) A gift made in response to information provided under this section must be signed by the donor or made by the donor's telegraphic, recorded telephonic, or other recorded message.
(g) When a representative is informed under this section about the procedures available for making a gift, the fact that the representative was so informed must be noted in the decedent's medical record.
(h) A person who fails to discharge the duties imposed by this section is not subject to civil liability but may be subject to criminal liability or administrative sanctions.
the juvenile law, means an attorney, a volunteer, or an employee of a
county program designated under IC 33-24-6-4 who is appointed by a
court to:
(1) represent and protect the best interests of a child; and
(2) provide the child with services requested by the court,
including:
(A) researching;
(B) examining;
(C) advocating;
(D) facilitating; and
(E) monitoring;
the child's situation.
A guardian ad litem who is not an attorney must complete the same
court approved training program that is required for a court appointed
special advocate under section 28 of this chapter.
(1) A licensed physician, intern, or resident.
(2) An osteopath.
(3) A chiropractor.
(4) A dentist.
(5) A podiatrist.
(6) A registered nurse or other licensed nurse.
(7) A mental health professional.
(8) A paramedic or an emergency medical technician.
(9) A social worker, an x-ray technician, or a laboratory technician employed by a hospital.
(10) A pharmacist.
(11) A person working under the direction of any of the practitioners listed in subdivisions (1) through (10).
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 8. (a) The court
shall enter a decree in an action under section 2 of this chapter when
the court finds:
(1) that there is a duty to support by the person alleged to have the
duty;
(2) that the duty to support has not been fulfilled; and
(3) that an order should be entered under IC 31-16-6-1.
(b) The decree may include orders as provided for in IC 31-16-3
IC 31-16-3.5 through IC 31-16-12.
(b) If a petition for adoption
(c) The original copy of a petition for adoption must be verified by the oath or affirmation of each petitioner for adoption.
(1) whose name and address have not been disclosed by the mother of the child, on or before the date the mother executes a consent to the child's adoption, to:
(A) an attorney; or
(B) an agency;
that is arranging the adoption of the child; and
(2) who may have conceived a child for whom a petition for adoption has been or may be filed;
(1) is registered in relation to a mother whose child is or may be the subject of an adoption; or
(2) has filed a petition to establish paternity.
(b) Whenever a petition for adoption is filed, the attorney or agency that arranges the adoption shall:
(1) request that the state department of health search the registry under this section at least one (1) day after the expiration of the period specified by section 12 of this chapter; and
(2) file an affidavit prepared by the state department of health under section 16 of this chapter in response to a request under subdivision (1) with the court presiding over the adoption under this article.
(1) is registered within the period specified by section 12 of this chapter in relation to a mother whose child is the subject of the adoption that the attorney or agency is arranging; or
(2) has filed a petition to establish paternity.
(b) Whenever the state department of health finds that one (1) or more putative fathers are registered, the state department shall:
(1) submit a copy of each registration form with the state department's affidavit; and
(2) include in the affidavit the date that the attorney or agency submits the request for a search that relates to the affidavit.
(c) Whenever the state department of health finds that one (1) or more putative fathers have filed a petition to establish paternity,
(1) submit a copy of each notice prepared by the clerk of the court under IC 31-14-9-0.5 with the state department of health's affidavit; and
(2) include in the affidavit the date the attorney or agency submitted the request for the search that relates to the affidavit.
(d) A court may not grant an adoption unless the state department's affidavit under this section is filed with the court as provided under IC 31-19-11-1(a)(4).
(1) exclude information that would identify the birth parents unless the adoptive parent under subdivision (2)(A) or an adoptee under subdivision (2)(B) who requests the information knows the
identity of the birth parents; and
(2) release all available social, medical, psychological, and
educational records concerning the child to:
(A) the adoptive parent; and
(B) upon request, an adoptee who:
(i) is at least twenty-one (21) years of age; and
(ii) provides proof of identification.
(b) Upon the request of an adoptee who:
(1) is at least twenty-one (21) years of age; and
(2) provides proof of identification;
a person, a licensed child placing agency, or a county office
(1) fails to file a paternity action under IC 31-14 or in a court located in another state that is competent to obtain jurisdiction over the paternity action, not more than thirty (30) days after receiving actual notice under IC 31-19-3 of the mother's intent to proceed with an adoptive placement of the child, regardless of whether:
(A) the child is born before or after the expiration of the thirty (30) day period; or
(B) a petition for adoption or for the termination of the parent-child relationship is filed; or
(2) files a paternity action:
(A) under IC 31-14; or
(B) in a court located in another state that is competent to obtain jurisdiction over the paternity action;
during the thirty (30) day period prescribed by subdivision (1) and fails to establish paternity in the paternity proceeding within a
reasonable period determined under IC 31-14-21-9 through
IC 31-14-21-11 IC 31-14-21-9.2 or the laws applicable to a court
of another state when the court obtains jurisdiction over the
paternity action.
(1) a statement of the needs of the child for care, treatment, rehabilitation, or placement;
(2) a recommendation for the care, treatment, rehabilitation, or placement of the child;
(3) if the recommendation includes
information that the department requires to determine whether the child is eligible for assistance under Title IV-E of the federal Social Security Act (42 U.S.C. 670 et seq.);
(4) a statement of the department's concurrence with or its alternative proposal to the probation officer's predispositional report, as provided in section 1.4 of this chapter; and
(5) a statement of whether the child receives Medicaid.
(b) Any of the following may prepare an alternative report for consideration by the court:
(1) The child.
(2) The child's:
(A) parent;
(B) guardian;
(C) guardian ad litem;
(D) court appointed special advocate; or
(E) custodian.
(1) describes the purpose for which the meeting is to be held; and
(2) is signed by the members requesting the special meeting.
(b) If a board does not send out a notice of the date, time, and
(1) set the date, time, and place for the special meeting; and
(2) send out the notice for the special meeting to the other members.
(1) subcontractor;
(2) lessor leasing construction and other equipment and tools, regardless of whether an operator is also provided by the lessor;
(3) journeyman; or
(4) laborer;
employed or leasing any equipment or tools used by the lessee in erecting, altering, repairing, or removing any house, mill, manufactory or other building, or bridge, reservoir, system of waterworks, or other structure or earth moving, or in furnishing any material or machinery for these activities.
(b) Except as provided in subsection (f) and section 12 of this chapter, in order to acquire
(1) the person's employer or lessee is indebted to the person; and
(2) the person holds the property owner responsible.
(c) Subject to subsections (d) and (e), the property owner is liable for the person's claim.
(d) The property owner is liable to a person described in subsection (a) for not more than the amount that is due and may later become due from the owner to the employer or lessee.
(e) A person described in subsection (a) may recover the amount of the person's claim if, after the amounts of other claims that have priority are subtracted from the amount due from the property owner to the employer or lessee, the remainder of the amount due from the property owner to the employer or lessee is sufficient to pay the amount of the person's claim.
(f) This
subsection (a) who gives written notice, to the property owner or, if the
property owner is absent, to the owner's agent, before labor is
performed or materials or machinery is furnished. The notice must
particularly set forth the amount of:
(1) labor the person has contracted to perform; or
(2) materials or machinery the person has contracted to furnish;
for the employer or lessee in erecting, altering, repairing, or removing
any of the buildings or other structures described in subsection (a). A
person described in subsection (a) this subsection has the same rights
and remedies against the property owner for the amount of the labor
performed by the person or materials or machinery furnished by the
person after the notice is given, as are provided in this chapter for
persons who serve notice after performing the labor or furnishing the
materials or machinery.
(g) If an action is brought against a property owner under this
section, all subcontractors, equipment lessors leasing equipment,
journeymen, and laborers who have:
(1) performed labor or furnished materials or machinery; and
(2) given notice under this section;
may become parties to the action. If, upon final judgment against the
property owner the amount recovered and collected is not sufficient to
pay the claimants in full, the amount recovered and collected shall be
divided among the claimants pro rata.
(b) Unless otherwise agreed in writing, if a customer does not claim possession of a special tool from an end user within three (3) years after the date the special tool is last used by the end user, at the option of the end user, all rights, title, and interest in the special tool may be transferred by operation of law to the end user for the purpose of destroying the special tool.
(c) After the three (3) year period described in subsection (b) expires, if an end user chooses to have all rights, title, and interest in a special tool transferred to the end user, the end user shall send written notice by registered mail, return receipt requested:
(1) to an address designated in writing by the customer; or
(2) if the customer has not designated an address in writing, to the customer's last known address;
that indicates the end user intends to terminate the customer's rights, title, and interest in the special tool by having all rights, title, and
interest in the special tool transferred to the end user under this section.
(d) If a customer does not:
(1) claim possession of the special tool within one hundred twenty
(120) days after the date the end user receives the return receipt
of the notice sent under subsection (c); or
(2) make other arrangements with the end user for storage of the
special tool within one hundred twenty (120) days after the date
the end user receives the return receipt of the notice sent under
subsection (c);
all rights, title, and interest of the customer in the special tool are
transferred by operation of law to the end user for the purpose of
destroying the special tool.
(e) This section may not be construed to:
(1) affect a right of a customer under a:
(A) federal patent or copyright law; or
(B) state or federal law concerning unfair competition; or
(2) grant a customer rights, title, or interest in a special tool.
(1) in the court of conviction, if the adverse decision was made by the department of correction; or
(2) in a circuit or superior court in a county adjacent to the county in which the court rendered the adverse decision, if the adverse decision was made by a court.
(b) The court hearing an action for review filed under this section shall conduct the review hearing de novo. The hearing shall be conducted in accordance with section 2 of this chapter.
(c) The determination of a court under this section is a final appealable order.
(1) Examine the administrative and business methods and systems employed in the offices of the clerks of court and other offices related to and serving the courts and make recommendations for necessary improvement.
(2) Collect and compile statistical data and other information on the judicial work of the courts in Indiana. All justices of the supreme court, judges of the court of appeals, judges of all trial courts, and any city or town courts, whether having general or special jurisdiction, court clerks, court reporters, and other officers and employees of the courts shall, upon notice by the executive director and in compliance with procedures prescribed by the executive director, furnish the executive director the information as is requested concerning the nature and volume of judicial business. The information must include the following:
(A) The volume, condition, and type of business conducted by the courts.
(B) The methods of procedure in the courts.
(C) The work accomplished by the courts.
(D) The receipt and expenditure of public money by and for the operation of the courts.
(E) The methods of disposition or termination of cases.
(3) Prepare and publish reports, not less than one (1) or more than two (2) times per year, on the nature and volume of judicial work performed by the courts as determined by the information required in subdivision (2).
(4) Serve the judicial nominating commission and the judicial qualifications commission in the performance by the commissions of their statutory and constitutional functions.
(5) Administer the civil legal aid fund as required by IC 33-24-12.
(6) Administer the judicial technology and automation project fund established by section 12 of this chapter.
(7) Develop a standard protocol for the exchange of information, by not later than December 31, 2009:
(A) between the protective order registry, established by IC 5-2-9-5.5, and county court case management systems;
(B) at the option of the county prosecuting attorney, for:
to interface with the electronic traffic tickets, as defined by IC 9-30-3-2.5; and
(C) between county court case management systems and the case management system developed and operated by the division of state court administration.
receiving information that relates to certain individuals who may
be prohibited from possessing a firearm and transmitting this
information to the Federal Bureau of Investigation for inclusion
in the NICS.
(b) All forms to be used in gathering data must be approved by the
supreme court and shall be distributed to all judges and clerks before
the start of each period for which reports are required.
(c) The division may adopt rules to implement this section.
(1) the LaGrange County courthouse in the
(2) other places in the county as the LaGrange County executive may provide.
(b) An ordinance violation processed under this chapter may not be considered for the purposes of
(1) without notice or hearing, immediately issue an order for protection ex parte or modify an order for protection ex parte; or
(2) upon notice and after a hearing, whether or not a respondent appears, issue or modify an order for protection.
(b) A court may grant the following relief without notice and hearing in an ex parte order for protection or in an ex parte order for protection modification:
(1) Enjoin a respondent from threatening to commit or committing acts of domestic or family violence against a petitioner and each designated family or household member.
(2) Prohibit a respondent from harassing, annoying, telephoning,
contacting, or directly or indirectly communicating with a
petitioner.
(3) Remove and exclude a respondent from the residence of a
petitioner, regardless of ownership of the residence.
(4) Order a respondent to stay away from the residence, school, or
place of employment of a petitioner or a specified place
frequented by a petitioner and each designated family or
household member.
(5) Order possession and use of the residence, an automobile, and
other essential personal effects, regardless of the ownership of the
residence, automobile, and essential personal effects. If
possession is ordered under this subdivision, the court may direct
a law enforcement officer to accompany a petitioner to the
residence of the parties to:
(A) ensure that a petitioner is safely restored to possession of
the residence, automobile, and other essential personal effects;
or
(B) supervise a petitioner's or respondent's removal of personal
belongings.
(6) Order other relief necessary to provide for the safety and
welfare of a petitioner and each designated family or household
member.
(c) A court may grant the following relief after notice and a hearing,
whether or not a respondent appears, in an order for protection or in a
modification of an order for protection:
(1) Grant the relief under subsection (b).
(2) Specify arrangements for parenting time of a minor child by
a respondent and:
(A) require supervision by a third party; or
(B) deny parenting time;
if necessary to protect the safety of a petitioner or child.
(3) Order a respondent to:
(A) pay attorney's fees;
(B) pay rent or make payment on a mortgage on a petitioner's
residence;
(C) if the respondent is found to have a duty of support, pay
for the support of a petitioner and each minor child;
(D) reimburse a petitioner or other person for expenses related
to the domestic or family violence, including:
(i) medical expenses;
(ii) counseling;
(iii) shelter; and
(iv) repair or replacement of damaged property;
(E) pay the costs and expenses incurred in connection with the use of a GPS tracking device under subsection (i); or
(4) Prohibit a respondent from using or possessing a firearm, ammunition, or a deadly weapon specified by the court, and direct the respondent to surrender to a specified law enforcement agency the firearm, ammunition, or deadly weapon for the duration of the order for protection unless another date is ordered by the court.
An order issued under subdivision (4) does not apply to a person who is exempt under 18 U.S.C. 925.
(d) The court shall:
(1) cause the order for protection to be delivered to the county sheriff for service;
(2) make reasonable efforts to ensure that the order for protection is understood by a petitioner and a respondent if present;
(3) electronically notify each law enforcement agency:
(A) required to receive notification under IC 5-2-9-6; or
(B) designated by the petitioner;
(4) transmit a copy of the order to the clerk for processing under IC 5-2-9;
(5) indicate in the order if the order and the parties meet the criteria under 18 U.S.C. 922(g)(8); and
(6) require the clerk of court to enter or provide a copy of the order to the Indiana protective order registry established by IC 5-2-9-5.5.
(e) An order for protection issued ex parte or upon notice and a hearing, or a modification of an order for protection issued ex parte or upon notice and a hearing, is effective for two (2) years after the date of issuance unless another date is ordered by the court. The sheriff of each county shall provide expedited service for an order for protection.
(f) A finding that domestic or family violence has occurred sufficient to justify the issuance of an order under this section means that a respondent represents a credible threat to the safety of a petitioner or a member of a petitioner's household. Upon a showing of domestic or family violence by a preponderance of the evidence, the court shall grant relief necessary to bring about a cessation of the violence or the threat of violence. The relief may include an order directing a respondent to surrender to a law enforcement officer or agency all firearms, ammunition, and deadly weapons:
(1) in the control, ownership, or possession of a respondent; or
(2) in the control or possession of another person on behalf of a respondent;
for the duration of the order for protection unless another date is ordered by the court.
(g) An order for custody, parenting time, or possession or control of property issued under this chapter is superseded by an order issued from a court exercising dissolution, legal separation, paternity, or guardianship jurisdiction over the parties.
(h) The fact that an order for protection is issued under this chapter does not raise an inference or presumption in a subsequent case or hearings between the parties.
(i) Upon a finding of a violation of an order for protection, the court may:
(1) require a respondent to wear a GPS tracking device; and
(2) prohibit the respondent from approaching or entering certain locations where the petitioner may be found.
If the court requires a respondent to wear a GPS tracking device under subdivision (1), the court shall, if available, require the respondent to wear a GPS tracking device with victim notification capabilities.
(j) The court may permit a victim, a petitioner, another person, an organization, or an agency to pay the costs and expenses incurred in connection with the use of a GPS tracking device under subsection (i).
(1) A no contact order issued under IC 31-32-13 in a juvenile case.
(2) A no contact order issued under IC 31-34-20 in a child in need of services (CHINS) case.
(3) A no contact order issued under IC 31-34-25 in a CHINS case.
(4) A no contact order issued under IC 31-37-19 in a delinquency case.
(5) A no contact order issued under IC 31-37-25 in a delinquency case.
(6) A no contact order issued under IC 33-39-1-8 in a criminal case.
(7) An order for protection issued under this chapter.
(8) A workplace violence restraining order issued under IC 34-26-6.
(9) A no contact order issued under IC 35-33-8-3.2 in a criminal case.
(10) A no contact order issued under IC 35-38-2-2.3 in a criminal case.
(11) A child protective order issued under IC 31-34-2.3.
(12) A foreign protective order registered under
(1) is arrested or stopped for a misdemeanor violation or infraction under:
(A) IC 9-31-3;
(B) IC 14-15-2 through IC 14-15-7;
(C) IC 14-16-1; or
(2) is not immediately taken to court;
the person may, at the discretion of the officer, be released upon the deposit of a security. The security shall be the amount of the fine or judgment and costs for the violation in the form of cash, money order, or a traveler's check made payable to the clerk of the court in which the person will appear.
(1) proof of collateral source payments other than:
(A) payments of life insurance or other death benefits;
(B) insurance benefits
(C) payments made by:
(i) the state or the United States; or
(ii) any agency, instrumentality, or subdivision of the state or the United States;
that have been made before trial to a plaintiff as compensation for the loss or injury for which the action is brought;
(2) proof of the amount of money that the plaintiff is required to repay, including worker's compensation benefits, as a result of the collateral benefits received; and
(3) proof of the cost to the plaintiff or to members of the plaintiff's family of collateral benefits received by the plaintiff or the plaintiff's family.
(1) a proceeding under IC 4-21.5-5 to judicially review a final order made by a state agency;
(2) an appeal from a final determination made by the worker's compensation board;
(3) an appeal of a final determination made by the department of state revenue; or
(4) an appeal of a final determination made by the department of workforce development or the department of workforce development unemployment insurance review board.
(b) However, this chapter does not apply to an order or other determination:
(1) under:
(A) IC 16-27-1;
(B) IC 16-28;
(2) by an agency described by IC 25-1-8-1; or
(3) by the board of podiatric medicine.
(1) a convicted person begins serving the person's sentence;
(2) a hearing is held:
(A) at which the convicted person is present; and
(B) of which the prosecuting attorney has been notified; and
(3) the court obtains a report from the department of correction concerning the convicted person's conduct while imprisoned;
the court may reduce or suspend the sentence. The court must incorporate its reasons in the record.
(b) If more than three hundred sixty-five (365) days have elapsed since the convicted person began serving the sentence and after a hearing at which the convicted person is present, the court may reduce or suspend the sentence, subject to the approval of the prosecuting attorney. However, if in a sentencing hearing for a convicted person conducted after June 30, 2001, the court could have placed the convicted person in a community corrections program as an alternative to commitment to the department of correction, the court may modify the convicted person's sentence under this section without the approval of the prosecuting attorney to place the convicted person in a community corrections program under IC 35-38-2.6.
(c) The court must give notice of the order to reduce or suspend the sentence under this section to the victim (as defined in IC 35-35-3-1) of the crime for which the convicted person is serving the sentence.
(d) The court may suspend a sentence for a felony under this section only if suspension is permitted under IC 35-50-2-2.
(e) The court may deny a request to suspend or reduce a sentence under this section without making written findings and conclusions.
(f) Notwithstanding subsections (a) and (b), the court is not required to conduct a hearing before reducing or suspending a sentence if:
(1) the prosecuting attorney has filed with the court an agreement of the reduction or suspension of the sentence; and
(2) the convicted person has filed with the court a waiver of the right to be present when the order to reduce or suspend the sentence is considered.
(1) participate in a treatment program for sex offenders approved by the court; and
(2) avoid contact with any person who is less than sixteen (16) years of age unless the probationer:
(A) receives the court's approval; or
(B) successfully completes the treatment program referred to in subdivision (1).
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 3.4. "Apartment complex"
means real property consisting of at least five (5) units that are
regularly used to rent or otherwise furnish residential
accommodations for periods of at least thirty (30) days.
(1) victim of an alleged crime for which the abused individual is charged in a pending prosecution; and
(2) abused individual's:
(A) spouse or former spouse;
(B) parent;
(C) guardian or former guardian;
(D) custodian or former custodian; or
(E) cohabitant or former cohabitant.
(1) political subdivisions; and
(2) their agencies;
regardless of whether it is performed on property owned or leased by the political subdivision or agency.
(b) This chapter does not apply to an officer or agent who, on behalf of a municipal utility, maintains, extends, and installs services of the utility if the necessary work is done by the employees of the utility.
(c) This chapter does not apply to hospitals organized or operated under IC 16-22-1 through IC 16-22-5 or IC 16-23-1, unless the public work is financed in whole or in part with cumulative building fund revenue.
(d) This chapter does not apply to tax exempt Indiana nonprofit corporations leasing and operating a city market owned by a political subdivision.
(e) As an alternative to this chapter, the governing body of a political subdivision or its agencies may do the following:
(1) Enter into a design-build contract as permitted under IC 5-30.
(2) Participate in a utility efficiency program or
(f) This chapter does not apply to a person that has entered into an operating agreement with a political subdivision or an agency of a political subdivision under IC 5-23.
(1) Lifecycle costing.
(2) The R. S. Means estimating method developed by the R. S. Means Company.
(3) Historical data.
(4) Manufacturer's data.
(5) American
(1) The total amount of taxes collected and not included in the last semiannual settlement of taxes, and the amount of taxes omitted from any preceding semiannual settlements, except for taxes advanced to the state or a municipal corporation in the county and for which an advance settlement has been made.
(2) The total amount of
(3) The totals of money received from all other sources and not receipted into the ledger fund accounts of the county at the end of the month.
(4) The total of the balances in all ledger fund accounts.
(5) The total amount of cash in each depository at the close of business on the last day of the month.
(6) The total of county warrants issued against each depository that are outstanding and unpaid at the end of the month.
(7) The record balance of money in each depository at the end of the month.
(8) The cash in the office at the close of the last day of the month.
(9) Other items for which the treasurer is entitled to credit.
The treasurer shall prepare the report in quadruplicate and verify each copy. The treasurer shall retain one (1) copy as a public record and file three (3) copies with the county auditor. The state board of accounts shall prescribe forms for the report in the detail it considers necessary under this section and IC 5-13-6-1.
(b) The treasurer shall make the monthly report required by IC 36-2-6-14.
(b) Immediately following the return date set out on the summons, the circuit court shall hold a hearing on the matter alleged in the petition. After hearing the evidence and being fully advised, the court shall enter its findings and judgment.
(c) If the court finds the executive incapable of performing the duties of office, the clerk of the court shall certify a copy of the judgment to the county executive, which shall, within five (5) days, appoint a resident of the township as acting executive of the township during the incapacity of the executive.
(d) The acting executive shall execute and file a bond in an amount fixed by the county auditor. After taking the oath of office, the acting executive has all the powers and duties of the executive.
(e) The acting executive is entitled to the salary and benefits provided by this article for the executive.
(f) When an incapacitated executive files a petition with the circuit court of the county alleging that
(g) If the court finds the executive capable of resuming duties, the clerk of the court shall certify a copy of the judgment to the county executive, which shall, within five (5) days, revoke the appointment of the acting executive.
(h) For purposes of this section, the board of county commissioners
is considered the executive of a county having a consolidated city.
(1) vacating of an unsafe building;
(2) sealing an unsafe building against intrusion by unauthorized persons, in accordance with a uniform standard established by ordinance;
(3) extermination of vermin in and about the unsafe premises;
(4) removal of trash, debris, fire hazardous material, or a public health hazard in and about the unsafe premises;
(5) repair or rehabilitation of an unsafe building to bring it into compliance with standards for building condition or maintenance required for human habitation, occupancy, or use by a statute, a rule adopted under IC 4-22-2, or an ordinance;
(6) demolition and removal of part of an unsafe building;
(7) demolition and removal of an unsafe building if:
(A) the general condition of the building warrants removal; or
(B) the building continues to require reinspection and additional abatement action after an initial abatement action was taken pursuant to notice and an order; and
(8) requiring, for an unsafe building that will be sealed for a period of more than ninety (90) days:
(A) sealing against intrusion by unauthorized persons and the effects of weather;
(B) exterior improvements to make the building compatible in appearance with other buildings in the area; and
(C) continuing maintenance and upkeep of the building and premises;
in accordance with standards established by ordinance.
Notice of the order must be given under section 25 of this chapter. The ordered action must be reasonably related to the condition of the unsafe premises and the nature and use of nearby properties. The order supersedes any permit relating to building or land use, whether that permit is obtained before or after the order is issued.
(b) The order must contain:
(1) the name of the person to whom the order is issued;
(2) the legal description or address of the unsafe premises that are the subject of the order;
(3) the action that the order requires;
(4) the period of time in which the action is required to be
accomplished, measured from the time when the notice of the
order is given;
(5) if a hearing is required, a statement indicating the exact time
and place of the hearing, and stating that person to whom the
order was issued is entitled to appear at the hearing with or
without legal counsel, present evidence, cross-examine opposing
witnesses, and present arguments;
(6) if a hearing is not required, a statement that an order under
subsection (a)(2), (a)(3), (a)(4), or (a)(5) becomes final ten (10)
days after notice is given, unless a hearing is requested in writing
by a person holding a fee interest, life estate interest, or equitable
interest of a contract purchaser in the unsafe premises, and the
request is delivered to the enforcement authority before the end
of the ten (10) day period;
(7) a statement briefly indicating what action can be taken by the
enforcement authority if the order is not complied with;
(8) a statement indicating the obligation created by section 27 of
this chapter relating to notification of subsequent interest holders
and the enforcement authority; and
(9) the name, address, and telephone number of the enforcement
authority.
(c) The order must allow a sufficient time, of at least ten (10) days,
but not more than sixty (60) days, from the time when notice of the
order is given, to accomplish the required action. If the order allows
more than thirty (30) days to accomplish the action, the order may
require that a substantial beginning be made in accomplishing the
action within thirty (30) days.
(d) The order expires two (2) years from the day the notice of the
order is given, unless one (1) or more of the following events occurs
within that two (2) year period:
(1) A complaint requesting judicial review is filed under section
9 section 8 of this chapter.
(2) A contract for action required by the order is let at public bid
under section 11 of this chapter.
(3) A civil action is filed under section 17 of this chapter.
[EFFECTIVE UPON PASSAGE]: Sec. 15. (a) The department may
establish and operate a disability benefit program for the payment of
disability expense reimbursement and pensions to beneficiaries of an
employee beneficiaries with a disability. The department may provide
these benefits by the creation of a reserve account, by obtaining
disability insurance coverage, or both. However, the department may
not establish or modify a disability benefit program after June 30, 1989,
without the approval of the county fiscal body which shall not reduce
or diminish any disability benefits set forth in any disability program
that was in effect on January 1, 1989.
(b) Benefits payable as a result of line of duty activities, including
a disability presumed incurred in the line of duty under IC 5-10-13,
must be in reasonable amounts. Monthly benefits payable as a result of
other activities may not exceed the amount of pension to which that
employee beneficiary employed until normal retirement age would
have been entitled.
(1) Orientation.
(2) Personal safety.
(3) Forcible entry.
(4) Ventilation.
(5) Apparatus.
(6) Ladders.
(7) Self-contained breathing apparatus.
(8) Hose loads.
(9) Streams.
(10) Basic recognition of special hazards.
(b) A person who fulfills the certification requirements for:
(1) Firefighter I, as described in 655 IAC 1-2.1-4; or
(2) Firefighter II, as described in 655 IAC 1-2.1-5;
is considered to comply with the requirements established under subsection (a).
(c) In addition to the requirements of subsections (a) and (d), the minimum basic training requirements for full-time firefighters and volunteer firefighters must include successful completion of a basic or
inservice course of education and training on sudden infant death
syndrome that is certified by the Indiana emergency medical services
commission (created under IC 16-31-2-1) in conjunction with the state
health commissioner.
(d) In addition to the requirements of subsections (a) and (c), the
minimum basic training requirements for full-time and volunteer
firefighters must include successful completion of an instruction course
on vehicle emergency response driving safety. The education board
shall adopt rules under IC 4-22-2 to operate this course.
(e) In addition to the requirements of subsections (a), (c), and (d),
the minimum basic training requirements for full-time and volunteer
firefighters must include successful completion of a basic or inservice
course of education and training in interacting with individuals with
autism that is certified by the Indiana emergency medical services
commission (created under IC 16-31-2-1).
(1) section 10.5(c)(1); or
(2) section 10.7(b)(1);
of this chapter to notify the employer before the scheduled start time for the absence from employment to be excused by the employer.
(b) The employer is not required to pay salary or wages to an employee who has been absent from employment as set forth in section 10.5(c) or 10.7(b) of this chapter for the time away from the employee's duty station. The employee may seek remuneration for the absence from employment by the use of:
(1) vacation leave;
(2) personal time;
(3) compensatory time off; or
(4) in the case of an absence from employment as set forth in section 10.5(c)(3) or 10.7(b)(3) of this chapter, sick leave.
(c) An employer shall administer an absence from employment as set forth in section 10.5(c)(3) or 10.7(b)(3) of this chapter in a manner consistent with the federal Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.), as amended and in effect on January 1, 2009.
of a vehicle, or a responsible party (as defined in IC 13-11-2-191(d))
IC 13-11-2-191(e)) that is involved in a hazardous material or fuel spill
or chemical or hazardous material related fire (as defined in
IC 13-11-2-96(b)):
(1) that is responded to by the volunteer fire department; and
(2) that members of that volunteer fire department assisted in
extinguishing, containing, or cleaning up.
(b) The volunteer fire department shall bill the owner or responsible
party of the vehicle for the total dollar value of the assistance that was
provided, with that value determined by a method that the state fire
marshal shall establish under IC 36-8-12-16. A copy of the fire incident
report to the state fire marshal must accompany the bill. This billing
must take place within thirty (30) days after the assistance was
provided. The owner or responsible party shall remit payment directly
to the governmental unit providing the service. Any money that is
collected under this section may be:
(1) deposited in the township firefighting fund established in
IC 36-8-13-4;
(2) used to pay principal and interest on a loan made by the
department of homeland security established by IC 10-19-2-1 or
a division of the department for the purchase of new or used
firefighting and other emergency equipment or apparatus; or
(3) used for the purchase of equipment, buildings, and property
for firefighting, fire protection, and other emergency services.
(c) Any administrative fees charged by a fire department's agent
must be paid only from fees that are collected and allowed by Indiana
law and the fire marshal's schedule of fees.
(d) An agent who processes fees on behalf of a fire department shall
send all bills, notices, and other related materials to both the fire
department and the person being billed for services.
(e) All fees allowed by Indiana law and the fire marshal's fee
schedule must be itemized separately from any other charges.
(c) (f) The volunteer fire department may maintain a civil action to
recover an unpaid charge that is imposed under subsection (a).
(1) "county fiscal body" means the fiscal body of a county in which a private donation library is located;
(2) "library board" means a library board established under IC 20-14 (before its repeal) or this article in a county in which a private donation library is located; and
(3) "private donation library" means a public library:
(A) established by private donation;
(B) located in a city having a population of more than one hundred twenty thousand (120,000) but less than one hundred fifty thousand (150,000);
(C) that contains at least twenty-five thousand (25,000) volumes;
(D) that has real property valued at at least one hundred thousand dollars ($100,000); and
(E) that is open and free to the residents of the city.
(b) The library board shall:
(1) levy a tax under IC 6-1.1 in an amount not less than sixty-seven hundredths of one cent ($0.0067) and not more than one and sixty-seven hundredths cents ($0.0167) on each one hundred dollars ($100) of the assessed valuation of all the real and personal property in the county;
(2) keep the tax levied under subdivision (1) separate from all other funds of the library board; and
(3) use the tax levied under subdivision (1):
(A) if the membership of the trustees of the private donation library includes at least one (1) member or appointee of the library board and at least one (1) appointee of the county fiscal body, for distributions of the full amounts of the tax received to the trustees of the private donation library at the time the tax is received by the library board; or
(B) if the membership of the trustees of the private donation library does not include at least one (1) member or appointee of the library board and at least one (1) appointee of the county fiscal body, at the discretion of the library board for:
(i) library board purposes; or
(ii) quarterly distributions to the trustees of the private donation library.
(c) If requested by the trustees of the private donation library, the library board shall designate a member of the library board or appoint an individual to serve as a trustee of the private donation library. If requested by the trustees of the private donation library, the county fiscal body shall appoint an individual to serve as a trustee of the private donation library.
(d) The trustees of the private donation library shall annually submit a budget to the library board.
(e) The trustees of the private donation library shall expend amounts received under subsection (b)(3)(A) or (b)(3)(B)(ii) for the support,
operation, and maintenance of the private donation library. The trustees
shall:
(1) keep the money separate from all other funds;
(2) record:
(A) the amount of money received;
(B) to whom and when the money is paid out; and
(C) for what purpose the money is used;
in a book kept by the trustees; and
(3) make an annual report of the matters referred to in subdivision
(2) to the library board.
(f) For purposes of the property tax levy limits under IC 6-1.1-18.5,
the tax levied by the library board under subsection (b)(1) is not
included in the calculation of the maximum permissible property tax
levy for the public library.
; (10)IN0159.1.157. --> SECTION 157. THE FOLLOWING ARE REPEALED [EFFECTIVE UPON PASSAGE]: IC 1-1-3.2; IC 4-13.6-6-2.7; IC 5-1-16-37; IC 6-1.1-37-10.5; IC 8-1-17-18.1; IC 9-13-2-27.5; IC 9-13-2-80; IC 9-27-4; IC 9-29-12-1; IC 9-29-12-2; IC 12-7-2-56.5; IC 12-7-2-118.5; IC 14-23-3-3; IC 15-13-9; IC 16-21-6-4; IC 20-19-3-9; IC 20-43-3-3; IC 20-46-5-6; IC 20-46-6-8; IC 31-9-2-122; IC 34-30-2-45.2; IC 35-41-1-3.1; IC 35-41-1-3.3.
(1) specify the best approach to coordinate the transfer of a child in foster care between schools and between school districts, including the transfer of a child's school records and any individual education plans;
(2) address specific educational issues encountered by children in foster care;
(3) specify with whom the department may partner to assist with the educational needs of a child in foster care;
(4) specify how school corporation liaisons, under IC 20-50-1, and the programs for tutoring and mentoring for homeless children and foster care children, under
(5) recommend legislation to fulfill the plan.
(b) The department shall submit a report to the governor and the legislative council before July 1, 2010. The report must include details of the plan described in subsection (a). The report submitted to the
legislative council must be in an electronic format under IC 5-14-6.
(c) This SECTION expires December 31, 2010.
