Bill Text: IN SB0314 | 2013 | Regular Session | Introduced
Bill Title: Twenty-first century research and technology fund.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-01-08 - First reading: referred to Committee on Commerce and Economic Development & Technology [SB0314 Detail]
Download: Indiana-2013-SB0314-Introduced.html
Citations Affected: IC 1-1-1.1-16; IC 4-4; IC 5-14-3-4; IC 5-28-6-8;
IC 5-28-16.
Synopsis: Twenty-first century research and technology fund. Repeals
the Indiana twenty-first century research and technology fund (fund)
law. Repeals the law authorizing the Indiana finance authority to issue
bonds for the fund.
Effective: Upon passage; July 1, 2013.
January 8, 2013, read first time and referred to Committee on Commerce, Economic
Development & Technology.
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 state
and local administration.
(1) P.L.282-1985, SECTION 5 (concerning an appropriation to the state board of health from the state general fund).
(2) P.L.372-1985, SECTION 14 (requiring certain persons receiving appropriations to be subject to audit by the state board of accounts).
(3) P.L.372-1985, SECTION 22 (relating to approval granted to state agencies for the expenditure of certain federal funds).
(4) P.L.372-1985, SECTIONS 32 through 36 (concerning certain highway and transportation matters).
(5) P.L.107-1986, SECTION 4 (concerning a general fund appropriation to the distressed township supplemental poor relief fund).
(6) P.L.236-1986, SECTION 1 (concerning distribution of money by the department of mental health to Developmental Services, Inc.).
(7) P.L.237-1986, SECTION 8 (concerning a general fund appropriation for the work of the general corporation law study commission).
(8) P.L.248-1986, SECTION 1 (concerning a general fund appropriation for restoring the Soldiers' and Sailors' Monument and Monument Circle).
(9) P.L.154-1987, SECTION 5 (concerning a general fund appropriation to the budget agency to carry out that act).
(10) P.L.370-1987, SECTION 1 (concerning reversion of an appropriation made by Acts 1975, P.L.146, SECTION 3(a), for the residual malpractice insurance authority).
(11) P.L.396-1987, SECTION 34 (making deficiency appropriations).
(12) P.L.109-1988, SECTION 22 (concerning a general fund appropriation to the oil and gas environmental fund).
(13) The following statutes relating to general fund appropriations to the St. Joseph River basin commission: P.L.191-1988, SECTION 2; P.L.307-1989, SECTION 2.
(14) P.L.334-1989, SECTION 49 (concerning a general fund appropriation to the judicial conference of Indiana).
(15) P.L.341-1989, SECTION 18 (concerning a general fund appropriation to the state lottery commission).
(16) P.L.357-1989, SECTION 36 (concerning reversion of appropriations to the legislative council contingency fund).
(17) P.L.13-1990, SECTION 26 (concerning transfer of money from the underground petroleum storage tank excess liability fund).
(18) P.L.51-1990, SECTION 54 (concerning general fund appropriations for performance based awards program under IC 20-1-1.3 (before its repeal)).
(19) P.L.185-1990, SECTION 6 (concerning appropriations made to the Chicago third airport site selection).
(20) P.L.240-1991, SECTION 112 (concerning transfer of money between state funds).
(21) The following statutes concerning Build Indiana Fund appropriations: P.L.278-1993, SECTION 2; P.L.340-1995, SECTION 37; P.L.273-1999, SECTION 33; P.L.291-2001, SECTION 38; P.L.291-2001, SECTION 40.
(22) P.L.278-1993, SECTIONS 32 and 33 (concerning
interpretation of P.L.277-1993 and P.L.278-1993).
(23) P.L.18-1995, SECTION 145 (concerning increasing
appropriations to the Indiana judicial center).
(24) P.L.18-1995, SECTION 147 (concerning general fund
appropriations to the public defense fund).
(25) P.L.70-1995, SECTION 12 (concerning appropriations from
the fire and building services fund to the firefighting equipment
revolving loan fund).
(26) P.L.104-1995, SECTIONS 5 through 14 (concerning several
appropriations to the state police department or the state police
pension fund for carrying out the purposes of IC 10-1-1-4.5
(subsequently repealed)).
(27) P.L.340-1995, SECTION 34 (concerning the liability of the
Indiana port commission to repay the state for certain
appropriations made in 1965).
(28) P.L.13-1996, SECTION 4 (concerning appropriations for
construction of certain correctional facilities).
(29) P.L.202-1997, SECTION 8 (concerning general fund
appropriations for the Indiana conference for legal education
opportunity).
(30) P.L.260-1997, SECTION 30 (concerning appropriations for
the computer contingency fund).
(31) P.L.260-1997, SECTION 33 (concerning transfers from the
state general fund to the local road and street fund).
(32) P.L.260-1997, SECTION 37 (authorizing the state armory
board to transfer money to the Indiana war memorials
commission).
(33) P.L.260-1997, SECTION 98 (directing the auditor of state to
make certain distributions).
(34) P.L.260-1997, SECTION 100 (canceling a certain
appropriation made by P.L.340-1995).
(35) P.L.260-1997, SECTION 103 (concerning an appropriation
from the lottery and gaming surplus account of the build Indiana
fund to the electronic and enhanced access fund).
(36) P.L.273-1999, SECTION 34 (canceling certain
appropriations).
(37) P.L.273-1999, SECTION 35 (directing the auditor of state to
make certain distributions).
(38) P.L.21-2000, SECTION 12 as amended by P.L.291-2001,
SECTION 79 (concerning transfer of money between the tobacco
settlement fund and the Indiana tobacco master settlement
agreement fund and related appropriations).
(39) P.L.26-2001, SECTION 2 (concerning the use of appropriations from the Indiana economic development partnership fund).
(40) P.L.291-2001, SECTION 36 (concerning additional appropriations).
(41) P.L.291-2001, SECTION 39 (concerning the cancellation of appropriations made under P.L.273-1999, SECTION 33 relating to the Mount Hermon Youth Organization and making an appropriation to GEMS, Inc.).
(42) P.L.291-2001, SECTION 45 (concerning deposits to the Build Indiana Fund).
(43) P.L.291-2001, SECTION 48 (concerning Medicaid appropriations).
(44) P.L.291-2001, SECTION 79 (concerning transfer of money between the tobacco settlement fund and the Indiana tobacco master settlement agreement fund and related appropriations).
(45) P.L.291-2001, SECTION 235 (concerning build Indiana fund appropriations for the Jennings County Economic Development Corporation).
(46) P.L.178-2002, SECTION 155 as amended by P.L.1-2003, SECTION 110 (concerning appropriations to state educational institutions).
money from the state general fund to the Indiana tobacco use
prevention and cessation trust fund and related appropriations).
(55) (53) P.L.227-2007, SECTION 73 (concerning return of
excess money by a county to the state from the property tax
refunds appropriation made by HEA 1001-2007).
(56) (54) P.L.234-2007, SECTION 299 (concerning
appropriations from the build Indiana fund for public water
supply systems serving Ripley, Decatur, and Jennings counties).
(57) (55) P.L.1-2008, SECTION 10 (concerning transfers of
money between the state general fund and the property tax
reduction trust fund).
(58) (56) P.L.32-2008, SECTION 9 (transferring an appropriation
from the department of labor, bureau of safety education and
training to INSafe).
(59) (57) P.L.107-2008, SECTION 19 (transferring money from
bureau of motor vehicles to the Indiana criminal justice institute
for licensing of commercial driver training schools and
instructors).
(60) (58) P.L.146-2008, SECTION 851 (appropriating money
from the state general fund to the property tax replacement fund
board).
(61) (59) P.L.146-2008, SECTION 859 (appropriating money
from the state general fund to the state forestry fund).
(62) (60) P.L.146-2008, SECTION 860 (appropriating money
from the state general fund to the state fair fund).
(63) (61) P.L.182-2009, SECTIONS 36, 37, 47, and 48
(concerning use of funds under the American Recovery and
Reinvestment Act of 2009).
(64) (62) P.L.182-2009, SECTION 39 (requiring certain
reversions of appropriations).
(65) (63) P.L.182-2009, SECTION 46 (concerning appropriations
for a trauma care center in Gary).
(1) "IEDC board" refers to the board of the Indiana economic development corporation.
(2) "Office" refers to the grant office established by section 3 of this chapter.
(1) the federal government;
(2) private foundations; or
(3) any other source of funding.
(b) The office may give priority to assisting the following:
(1) Those declared confidential by state statute.
(2) Those declared confidential by rule adopted by a public
agency under specific authority to classify public records as
confidential granted to the public agency by statute.
(3) Those required to be kept confidential by federal law.
(4) Records containing trade secrets.
(5) Confidential financial information obtained, upon request,
from a person. However, this does not include information that is
filed with or received by a public agency pursuant to state statute.
(6) Information concerning research, including actual research
documents, conducted under the auspices of a state educational
institution, including information:
(A) concerning any negotiations made with respect to the
research; and
(B) received from another party involved in the research.
(7) Grade transcripts and license examination scores obtained as
part of a licensure process.
(8) Those declared confidential by or under rules adopted by the
supreme court of Indiana.
(9) Patient medical records and charts created by a provider,
unless the patient gives written consent under IC 16-39 or as
provided under IC 16-41-8.
(10) Application information declared confidential by the board
of the Indiana economic development corporation under
IC 5-28-16 (before its repeal).
(11) A photograph, a video recording, or an audio recording of an
autopsy, except as provided in IC 36-2-14-10.
(12) A Social Security number contained in the records of a
public agency.
(13) The following information that is part of a foreclosure action
subject to IC 32-30-10.5:
(A) Contact information for a debtor, as described in
IC 32-30-10.5-8(d)(2)(B).
(B) Any document submitted to the court as part of the debtor's
loss mitigation package under IC 32-30-10.5-10(a)(3).
(b) Except as otherwise provided by subsection (a), the following
public records shall be excepted from section 3 of this chapter at the
discretion of a public agency:
(1) Investigatory records of law enforcement agencies. However,
certain law enforcement records must be made available for
inspection and copying as provided in section 5 of this chapter.
(2) The work product of an attorney representing, pursuant to
state employment or an appointment by a public agency:
(A) a public agency;
(B) the state; or
(C) an individual.
(3) Test questions, scoring keys, and other examination data used in administering a licensing examination, examination for employment, or academic examination before the examination is given or if it is to be given again.
(4) Scores of tests if the person is identified by name and has not consented to the release of the person's scores.
(5) The following:
(A) Records relating to negotiations between the Indiana economic development corporation, the ports of Indiana, the Indiana state department of agriculture, the Indiana finance authority, an economic development commission, a local economic development organization (as defined in IC 5-28-11-2(3)), or a governing body of a political subdivision with industrial, research, or commercial prospects, if the records are created while negotiations are in progress.
(B) Notwithstanding clause (A), the terms of the final offer of public financial resources communicated by the Indiana economic development corporation, the ports of Indiana, the Indiana finance authority, an economic development commission, or a governing body of a political subdivision to an industrial, a research, or a commercial prospect shall be available for inspection and copying under section 3 of this chapter after negotiations with that prospect have terminated.
(C) When disclosing a final offer under clause (B), the Indiana economic development corporation shall certify that the information being disclosed accurately and completely represents the terms of the final offer.
(6) Records that are intra-agency or interagency advisory or deliberative material, including material developed by a private contractor under a contract with a public agency, that are expressions of opinion or are of a speculative nature, and that are communicated for the purpose of decision making.
(7) Diaries, journals, or other personal notes serving as the functional equivalent of a diary or journal.
(8) Personnel files of public employees and files of applicants for public employment, except for:
(A) the name, compensation, job title, business address, business telephone number, job description, education and training background, previous work experience, or dates of first and last employment of present or former officers or
employees of the agency;
(B) information relating to the status of any formal charges
against the employee; and
(C) the factual basis for a disciplinary action in which final
action has been taken and that resulted in the employee being
suspended, demoted, or discharged.
However, all personnel file information shall be made available
to the affected employee or the employee's representative. This
subdivision does not apply to disclosure of personnel information
generally on all employees or for groups of employees without the
request being particularized by employee name.
(9) Minutes or records of hospital medical staff meetings.
(10) Administrative or technical information that would
jeopardize a record keeping or security system.
(11) Computer programs, computer codes, computer filing
systems, and other software that are owned by the public agency
or entrusted to it and portions of electronic maps entrusted to a
public agency by a utility.
(12) Records specifically prepared for discussion or developed
during discussion in an executive session under IC 5-14-1.5-6.1.
However, this subdivision does not apply to that information
required to be available for inspection and copying under
subdivision (8).
(13) The work product of the legislative services agency under
personnel rules approved by the legislative council.
(14) The work product of individual members and the partisan
staffs of the general assembly.
(15) The identity of a donor of a gift made to a public agency if:
(A) the donor requires nondisclosure of the donor's identity as
a condition of making the gift; or
(B) after the gift is made, the donor or a member of the donor's
family requests nondisclosure.
(16) Library or archival records:
(A) which can be used to identify any library patron; or
(B) deposited with or acquired by a library upon a condition
that the records be disclosed only:
(i) to qualified researchers;
(ii) after the passing of a period of years that is specified in
the documents under which the deposit or acquisition is
made; or
(iii) after the death of persons specified at the time of the
acquisition or deposit.
However, nothing in this subdivision shall limit or affect contracts entered into by the Indiana state library pursuant to IC 4-1-6-8.
(17) The identity of any person who contacts the bureau of motor vehicles concerning the ability of a driver to operate a motor vehicle safely and the medical records and evaluations made by the bureau of motor vehicles staff or members of the driver licensing medical advisory board regarding the ability of a driver to operate a motor vehicle safely. However, upon written request to the commissioner of the bureau of motor vehicles, the driver must be given copies of the driver's medical records and evaluations.
(18) School safety and security measures, plans, and systems, including emergency preparedness plans developed under 511 IAC 6.1-2-2.5.
(19) A record or a part of a record, the public disclosure of which would have a reasonable likelihood of threatening public safety by exposing a vulnerability to terrorist attack. A record described under this subdivision includes:
(A) a record assembled, prepared, or maintained to prevent, mitigate, or respond to an act of terrorism under IC 35-47-12-1 or an act of agricultural terrorism under IC 35-47-12-2;
(B) vulnerability assessments;
(C) risk planning documents;
(D) needs assessments;
(E) threat assessments;
(F) intelligence assessments;
(G) domestic preparedness strategies;
(H) the location of community drinking water wells and surface water intakes;
(I) the emergency contact information of emergency responders and volunteers;
(J) infrastructure records that disclose the configuration of critical systems such as communication, electrical, ventilation, water, and wastewater systems; and
(K) detailed drawings or specifications of structural elements, floor plans, and operating, utility, or security systems, whether in paper or electronic form, of any building or facility located on an airport (as defined in IC 8-21-1-1) that is owned, occupied, leased, or maintained by a public agency. A record described in this clause may not be released for public inspection by any public agency without the prior approval of the public agency that owns, occupies, leases, or maintains the
airport. The public agency that owns, occupies, leases, or
maintains the airport:
(i) is responsible for determining whether the public
disclosure of a record or a part of a record has a reasonable
likelihood of threatening public safety by exposing a
vulnerability to terrorist attack; and
(ii) must identify a record described under item (i) and
clearly mark the record as "confidential and not subject to
public disclosure under IC 5-14-3-4(b)(19)(J) without
approval of (insert name of submitting public agency)".
This subdivision does not apply to a record or portion of a record
pertaining to a location or structure owned or protected by a
public agency in the event that an act of terrorism under
IC 35-47-12-1 or an act of agricultural terrorism under
IC 35-47-12-2 has occurred at that location or structure, unless
release of the record or portion of the record would have a
reasonable likelihood of threatening public safety by exposing a
vulnerability of other locations or structures to terrorist attack.
(20) The following personal information concerning a customer
of a municipally owned utility (as defined in IC 8-1-2-1):
(A) Telephone number.
(B) Address.
(C) Social Security number.
(21) The following personal information about a complainant
contained in records of a law enforcement agency:
(A) Telephone number.
(B) The complainant's address. However, if the complainant's
address is the location of the suspected crime, infraction,
accident, or complaint reported, the address shall be made
available for public inspection and copying.
(22) Notwithstanding subdivision (8)(A), the name,
compensation, job title, business address, business telephone
number, job description, education and training background,
previous work experience, or dates of first employment of a law
enforcement officer who is operating in an undercover capacity.
(23) Records requested by an offender that:
(A) contain personal information relating to:
(i) a correctional officer (as defined in IC 5-10-10-1.5);
(ii) a law enforcement officer (as defined in
IC 35-31.5-2-185);
(iii) a judge (as defined in IC 33-38-12-3);
(iv) the victim of a crime; or
(v) a family member of a correctional officer, law enforcement officer (as defined in IC 35-31.5-2-185), judge (as defined in IC 33-38-12-3), or victim of a crime; or
(B) concern or could affect the security of a jail or correctional facility.
(24) Information concerning an individual less than eighteen (18) years of age who participates in a conference, meeting, program, or activity conducted or supervised by a state educational institution, including the following information regarding the individual or the individual's parent or guardian:
(A) Name.
(B) Address.
(C) Telephone number.
(D) Electronic mail account address.
(c) Nothing contained in subsection (b) shall limit or affect the right of a person to inspect and copy a public record required or directed to be made by any statute or by any rule of a public agency.
(d) Notwithstanding any other law, a public record that is classified as confidential, other than a record concerning an adoption or patient medical records, shall be made available for inspection and copying seventy-five (75) years after the creation of that record.
(e) Only the content of a public record may form the basis for the adoption by any public agency of a rule or procedure creating an exception from disclosure under this section.
(f) Except as provided by law, a public agency may not adopt a rule or procedure that creates an exception from disclosure under this section based upon whether a public record is stored or accessed using paper, electronic media, magnetic media, optical media, or other information storage technology.
(g) Except as provided by law, a public agency may not adopt a rule or procedure nor impose any costs or liabilities that impede or restrict the reproduction or dissemination of any public record.
(h) Notwithstanding subsection (d) and section 7 of this chapter:
(1) public records subject to IC 5-15 may be destroyed only in accordance with record retention schedules under IC 5-15; or
(2) public records not subject to IC 5-15 may be destroyed in the ordinary course of business.
(1) Assign any debt instrument held by the corporation as a
loan issued from the Indiana twenty-first century research
and technology fund established by IC 5-28-16-2 (before its
repeal) to the treasurer of state.
(2) Convey any assets other than money and the assets
described in subdivision (1) that are held by the corporation
as part of the Indiana twenty-first century research and
technology fund established by IC 5-28-16-2 (before its
repeal), including company shares, partnership interests,
member interests, and options, to the treasurer of state.
(b) Notwithstanding IC 5-28-16-2(g) (before its repeal), money
in the Indiana twenty-first century research and technology fund
established by IC 5-28-16-2 (before its repeal) at the end of the
state fiscal year ending on June 30, 2013, reverts to the state
general fund.
(c) The treasurer of state shall deposit the following in the state
general fund:
(1) Money received as payment on a debt instrument assigned
to the treasurer of state under subsection (a)(1).
(2) The proceeds from the disposition of assets described in
subsection (a)(2).
(d) The treasurer of state may delay the sale of an asset
described in subsection (a)(2) until sale of the asset is determined,
in the discretion of the treasurer of state, to be the prudent
investment decision.
