Bill Text: IN HB1376 | 2012 | Regular Session | Enrolled
Bill Title: State and local administration.
Spectrum: Bipartisan Bill
Status: (Enrolled - Dead) 2012-03-20 - Signed by the Governor [HB1376 Detail]
Download: Indiana-2012-HB1376-Enrolled.html
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AN ACT to amend the Indiana Code concerning state and local administration and to make
an appropriation.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 2. IC 4-10-22-1, AS ADDED BY P.L.229-2011, SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 1. After the end of each odd-numbered state fiscal year, the office of management and budget shall calculate in the customary manner the total amount of state reserves as of the end of the state fiscal year. The office of management and budget shall make the calculation not later than July 31 of each odd-numbered year.
SECTION 3. IC 4-10-22-2, AS ADDED BY P.L.229-2011, SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 2. If:
(1) the total amount of state reserves calculated by the office of management and budget exceeds
(2) the accounts payable by the state at the end of the preceding state fiscal year are not unusually large as a percentage of the total
amount of state reserves (as compared to recent history);
the governor shall make a presentation to the state budget committee
regarding the disposition of excess state reserves under section 3 of this
chapter. The presentation must be made not later than September 30 of
the each odd-numbered year.
SECTION 4. IC 4-10-22-3, AS ADDED BY P.L.229-2011,
SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. After completing the presentation to the
state budget committee described in section 2 of this chapter, the
governor shall do the following:
(1) If the amount of excess reserves on June 30 of any year is
less than fifty million dollars ($50,000,000), the governor shall
carry over the excess reserves to each subsequent year until
the total excess reserves, including any carryover amount,
equal at least fifty million dollars ($50,000,000). In the year
that the total excess reserves equal at least fifty million dollars
($50,000,000), the excess reserves shall be used as provided in
subdivision (2).
(2) If in any year the amount of the excess reserves is fifty
million dollars ($50,000,000) or more, the governor shall do
the following:
(1) (A) If the year is calendar year 2012, transfer fifty
percent (50%) of the excess reserves as follows:
(i) To the pension plans for the state police, conservation
officers, judges, and prosecuting attorneys to increase
the funded amount of each of these plans to eighty
percent (80%). The funded amount for each plan
described in this item is to be determined as of June 30
of the immediately preceding year, and, if the amount of
money available for transfer is less than the amount
needed to increase all these plans' funded amount to
eighty percent (80%), the transfers shall be made in the
priority of each plan's unfunded liability so that the
funded amount of the plan with the least unfunded
liability is raised to eighty percent (80%) first.
(ii) To the pension stabilization fund established by
IC 5-10.4-2-5 for the purposes of the pension
stabilization fund, if money remains after satisfying item
(i).
If the year begins after December 31, 2012, transfer fifty
percent (50%) of any excess reserves to the pension
stabilization fund established by IC 5-10.4-2-5 for the
purposes of the pension stabilization fund. and
(2) (B) Use fifty percent (50%) of any excess reserves for the
purposes of providing an automatic taxpayer refund under
section 4 of this chapter.
SECTION 5. IC 4-10-22-4, AS ADDED BY P.L.229-2011,
SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4. The following apply if sufficient excess
state reserves are available to provide an automatic taxpayer refund to
each taxpayer eligible for a refund:
(1) To qualify for a refund, a taxpayer:
(A) must have filed an Indiana resident individual adjusted
gross income tax return for the taxpayer's taxable year
ending in the calendar year immediately preceding two (2)
taxable years; the calendar year in which a determination
is made under section 1 of this chapter that the state has
excess reserves; and
(B) must have paid individual adjusted gross income tax to the
state liability for the preceding taxpayer's taxable year
ending in the calendar year in which a determination is
made under section 1 of this chapter that the state has
excess reserves.
Individuals who file a tax return but do not pay any individual
adjusted gross income tax to the state are not entitled to a refund.
(2) The amount of the refund is determined for each qualifying
taxpayer on a pro rata basis, based on the qualifying taxpayer's
portion of the total individual adjusted gross income tax liability
paid by all qualifying taxpayers in the preceding taxable year. as
follows:
STEP ONE: Determine the total amount of excess state
reserves that under section 3 of this chapter are available
to provide automatic taxpayer refunds.
STEP TWO: Determine the total number of taxpayers that
qualify for a refund under subdivision (1).
STEP THREE: Determine the result of:
(A) the STEP ONE result; divided by
(B) the STEP TWO result;
as rounded to the nearest dollar.
(3) The refund is a refundable credit that shall first be applied
as a credit against adjusted gross income tax liability in the
taxpayer's taxable year in which a refund is provided. Any
remaining unused credit shall be refunded to the taxpayer.
The credit may not be carried forward.
(4) If an individual and the individual's spouse are both qualifying taxpayers for purposes of this section for a taxable year and file a joint Indiana resident individual adjusted gross income tax return for the taxable year:
(A) the individual and the individual's spouse are considered two (2) taxpayers for purposes of determining the amount of the refund under subdivision (2) for a qualifying taxpayer; and
(B) the amount of the refund that the individual and the individual's spouse are entitled to claim is equal to the amount of any refund determined under subdivision (2) for a qualifying taxpayer, multiplied by two (2).
SECTION 6. IC 4-22-2-37.1, AS AMENDED BY SEA 330-2012, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 37.1. (a) This section applies to a rulemaking action resulting in any of the following rules:
(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 or IC 27-1-12.1.
(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, IC 4-33-22-12, 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
(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 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.
(33) An emergency rule adopted by the Indiana real estate
commission under IC 25-34.1-2-5(15).
(34) A rule adopted by the department of financial institutions
under IC 24-4.4-1-101 and determined necessary to meet an
emergency.
(35) An emergency rule adopted by the state board of pharmacy
regarding returning unused medication under IC 25-26-23.
(36) An emergency rule adopted by the department of local
government finance under IC 6-1.1-12.6 or IC 6-1.1-12.8.
(37) An emergency rule adopted by the office of the secretary of
family and social services or the office of Medicaid policy and
planning concerning the following:
(A) Federal Medicaid waiver program provisions.
(B) Federal programs administered by the office of the
secretary.
The authority of the office of the secretary of family and
social services and the office of Medicaid policy and planning
to adopt a rule described in this subdivision expires December
31, 2012.
(38) An emergency rule adopted by the Indiana board of
accountancy or the executive director of the Indiana professional
licensing agency under IC 25-2.1-2-16.
(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), (n), 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 IC 25-2.1-2-16(c) (as
added by SEA 330-2012), 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), (a)(19), (a)(20),
(a)(21), (a)(29), (a)(37), or (a)(38) 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.
(n) This subsection applies to a rule described in subsection
(a)(37). A rule adopted before January 1, 2013, expires on the
earliest of the following:
(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.
(3) June 30, 2013, at 11:59 p.m.
SECTION 7. IC 12-7-1-5, AS ADDED BY P.L.220-2011,
SECTION 252, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 5. Actions taken under IC 12-8-1
(expired), IC 12-8-2 (expired), IC 12-8-6 (expired), and IC 12-8-8
(expired) after June 30, 1999, and before December 1, 1999, are
legalized and validated to the extent that those actions would have been
legal and valid if P.L.7-2000 had been enacted before July 1, 1999.
SECTION 8. IC 12-7-2-23 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 23. "Body", for
purposes of IC 12-8-2, IC 12-8-2.5, has the meaning set forth in
IC 12-8-2-1. IC 12-8-2.5-1.
SECTION 9. IC 12-7-2-99, AS AMENDED BY P.L.141-2006,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 99. "A person with a disability" means, for
purposes of the following statutes, an individual who has a physical or
mental disability and meets the program eligibility requirements of the
division of disability and rehabilitative services:
(1) IC 12-8-1-11. IC 12-8-1.5-10.
(2) IC 12-12-1.
(3) IC 12-12-6.
SECTION 10. IC 12-7-2-129 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 129. "Member", for
purposes of IC 12-8-2, IC 12-8-2.5, has the meaning set forth in
IC 12-8-2-2. IC 12-8-2.5-2.
SECTION 11. IC 12-7-2-134, AS AMENDED BY P.L.117-2008,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 134. "Office" means the following:
(1) Except as provided in subdivisions (2) through (4), the office
of Medicaid policy and planning established by IC 12-8-6-1.
IC 12-8-6.5-1.
(2) For purposes of IC 12-10-13, the meaning set forth in
IC 12-10-13-4.
(3) For purposes of IC 12-15-13, the meaning set forth in
IC 12-15-13-0.4.
(4) For purposes of IC 12-17.6, the meaning set forth in
IC 12-17.6-1-4.
SECTION 12. IC 12-7-2-135 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 135. "Office of the
secretary" refers to the office of the secretary of family and social
services established by IC 12-8-1-1. IC 12-8-1.5-1.
SECTION 13. IC 12-7-2-160 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 160. (a)
"Rehabilitation", for purposes of the statutes listed in subsection (b),
means a process of providing services to meet the current and future
needs of persons with disabilities so that the individuals may prepare
for and engage in gainful employment to the extent of their capabilities,
as provided in 29 U.S.C. 720.
(b) This section applies to the following statutes:
(1) IC 12-8-1-11. IC 12-8-1.5-10.
(2) IC 12-12-1.
(3) IC 12-12-3.
(4) IC 12-12-6.
SECTION 14. IC 12-7-2-172 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 172. (a) Except as
provided in subsection (b), "secretary" refers to the secretary of family
and social services appointed under IC 12-8-1-2. IC 12-8-1.5-2.
(b) "Secretary", for purposes of IC 12-13-14, has the meaning set
forth in IC 12-13-14-1.
SECTION 15. IC 12-7-2-186 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 186. "State plan",
for purposes of IC 12-8-6, IC 12-8-6.5, refers to the state Medicaid
plan for the Medicaid program.
SECTION 16. IC 12-8-1.5 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Chapter 1.5. Office of Secretary of Family and Social Services
Sec. 0.3. (a) Actions taken under IC 12-8-1 (expired), after
December 31, 2007, and before March 24, 2008, are legalized and
validated to the extent that those actions would have been legal and
valid if P.L.113-2008 had been enacted before January 1, 2008.
(b) Actions taken under IC 12-8-1 (expired) after June 30, 2011,
are legalized and validated to the extent that those actions would
have been legal and valid if IC 12-8-1 had not expired on June 30,
2011.
Sec. 1. (a) The office of the secretary of family and social
services is established.
(b) The office of the secretary includes the following:
(1) The secretary.
(2) Each office.
Sec. 2. The governor shall appoint the secretary of family and
social services to coordinate family and social service programs
among the divisions.
Sec. 3. (a) The secretary has administrative responsibility for
the office of the secretary.
(b) Subject to this article, the secretary may organize an office
to perform the duties of the office.
Sec. 4. The secretary may hire personnel necessary to perform
the duties of each office.
Sec. 5. (a) The secretary, through the offices, is responsible for
coordinating the provision of technical assistance to each division
for the following:
(1) Compiling program budgets for each division.
(2) Fiscal performance of each division.
(3) Management and administrative performance of each
division.
(4) Program performance of each division.
(b) The secretary, through the offices, is accountable for the
following:
(1) Resolution of administrative, jurisdictional, or policy
conflicts among the divisions.
(2) The coordination of the activities of each division with
other entities, including the general assembly and other state
agencies.
(3) Coordination of communication with the federal
government and the governments of other states.
(4) Development and ongoing monitoring of a centralized
management information system and a centralized training
system for orientation and cross-training.
(5) The overall policy development and management of the
state Medicaid plan under IC 12-15.
(6) Liaison activities with other governmental entities and
private sector agencies.
Sec. 6. (a) The secretary and the commissioner of the state
department of health shall cooperate to coordinate family and
social services programs with related programs administered by
the state department of health.
(b) The secretary, in cooperation with the commissioner of the
state department of health, is accountable for the following:
(1) Resolving administrative, jurisdictional, or policy conflicts
between a division and the state department of health.
(2) Formulating overall policy for family, health, and social
services in Indiana.
(3) Coordinating activities between the programs of the
division of family resources and the maternal and child health
programs of the state department of health.
(4) Coordinating activities concerning long term care between
the division of disability and rehabilitative services and the
state department of health.
(5) Developing and implementing a statewide family, health,
and social services plan that includes a set of goals and
priorities.
Sec. 7. The secretary, through the offices, may do the following:
(1) Employ experts and consultants to carry out the duties of
the secretary and the offices.
(2) Utilize, with the consent of the other state agencies, the
services and facilities of other state agencies without
reimbursement.
(3) Accept in the name of the state, for use in carrying out the
purposes of this article, any money or other property received
as a gift, by bequest, or otherwise.
(4) Accept voluntary and uncompensated services.
(5) Expend money made available according to policies
enforced by the budget agency.
(6) Establish and implement the policies and procedures
necessary to implement this article.
(7) Advise the governor concerning rules adopted by a
division.
(8) Create advisory bodies to advise the secretary about any
matter relating to the implementation of this article.
(9) Perform other acts necessary to implement this article.
Sec. 8. (a) The secretary shall cooperate with the federal Social
Security Administration and with any other agency of the federal
government in any reasonable manner that may be necessary to
qualify for federal aid for assistance to persons who are entitled to
assistance under the provisions of the federal Social Security Act.
(b) The secretary shall do the following:
(1) Make reports in the form and containing the information
required by the federal Social Security Administration Board
or any other agency of the federal government.
(2) Comply with the requirements that the federal Social
Security Administration Board or other agency of the federal
government finds necessary to assure the correctness and
verification of reports.
(c) The secretary shall act as the agent to the federal
government in the following:
(1) Welfare matters of mutual concern.
(2) The administration of federal money granted to Indiana to
aid the welfare functions of the state.
Sec. 9. (a) Consistent with the powers and duties of the secretary
under this article, the secretary may adopt rules under IC 4-22-2
relating to the exercise of those powers and duties.
(b) The secretary may adopt emergency rules under IC 4-22-2-37.1(a)(37) for the following:
(1) Federal Medicaid waiver program provisions.
(2) Federal programs administered by the office of the secretary.
This subsection expires December 31, 2012.
Sec. 10. The office of the secretary is designated as the sole state agency responsible for administering programs concerning the vocational rehabilitation of individuals with a disability under 29 U.S.C. 701 et seq.
Sec. 11. (a) If:
(1) the sums appropriated by the general assembly in the biennial budget to the family and social services administration for the Medicaid assistance, Medicaid administration, public assistance (TANF), and the IMPACT (JOBS) work program are insufficient to enable the office of the secretary to meet its obligations; and
(2) the failure to appropriate additional funds would:
(A) violate a provision of federal law; or
(B) jeopardize the state's share of federal financial participation applicable to the state appropriations contained in the biennial budget for Medicaid assistance, Medicaid administration, public assistance (TANF), or the IMPACT (JOBS) work program;
then there are appropriated further sums as may be necessary to remedy a situation described in this subsection, subject to the approval of the budget director and the unanimous recommendation of the members of the budget committee. However, before approving a further appropriation under this subsection, the budget director shall explain to the budget committee the factors indicating that a condition described in subdivision (2) would be met.
(b) If:
(1) the sums appropriated by the general assembly in the biennial budget to the family and social services administration for Medicaid assistance, Medicaid administration, public assistance (TANF), and the IMPACT (JOBS) work program are insufficient to enable the family and social services administration to meet its obligations; and
(2) neither of the conditions in subsection (a)(2) would result from a failure to appropriate additional funds;
then there are appropriated further sums as may be necessary to
remedy a situation described in this subsection, subject to the
approval of the budget director and the unanimous
recommendation of the members of the budget committee.
However, before approving a further appropriation under this
subsection, the budget director shall explain to the budget
committee the factors indicating that a condition described in
subdivision (2) would be met.
(c) Notwithstanding IC 12-14 and IC 12-15 (except for a clinical
advisory panel established under IC 12-15), and except as provided
in subsection (d), the office of the secretary may by rule adjust
programs, eligibility standards, and benefit levels to limit
expenditures from Medicaid assistance, Medicaid administration,
public assistance (TANF), and the IMPACT (JOBS) work
program. The office of the secretary may adopt emergency rules
under IC 4-22-2-37.1 to make an adjustment authorized by this
subsection. However, adjustments under this subsection may not:
(1) violate a provision of federal law; or
(2) jeopardize the state's share of federal financial
participation applicable to the state appropriations contained
in the biennial budget for Medicaid assistance, Medicaid
administration, public assistance (TANF), and the IMPACT
(JOBS) work program.
(d) Subject to IC 12-15-21-3, any adjustments made under
subsection (c) must:
(1) allow for a licensed provider under IC 12-15 to deliver
services within the scope of the provider's license if the benefit
is covered under IC 12-15; and
(2) provide access to services under IC 12-15 from a provider
under IC 12-15-12.
Sec. 12. (a) Subject to the appropriation limits established by the
state's biennial budget for the office of the secretary and its
divisions, and after assistance, including assistance under TANF
(IC 12-14), medical assistance (IC 12-15), and food stamps (7
U.S.C. 2016(i)), is distributed to persons eligible to receive
assistance, the secretary may adopt rules under IC 4-22-2 to offer
programs on a pilot or statewide basis to encourage recipients of
assistance under IC 12-14 to become self-sufficient and discontinue
dependence on public assistance programs. Programs offered
under this subsection may do the following:
(1) Develop welfare-to-work programs.
(2) Develop home child care training programs that will
enable recipients to work by providing child care for other
recipients.
(3) Provide case management and supportive services.
(4) Develop a system to provide for public service
opportunities for recipients.
(5) Provide plans to implement the personal responsibility
agreement under IC 12-14-2-21.
(6) Develop programs to implement the school attendance
requirement under IC 12-14-2-17.
(7) Provide funds for county planning council activities under
IC 12-14-22-13 (repealed).
(8) Provide that a recipient may earn up to the federal income
poverty level (as defined in IC 12-15-2-1) before assistance
under this title is reduced or eliminated.
(9) Provide for child care assistance, with the recipient paying
fifty percent (50%) of the local market rate as established
under 45 CFR 256 for child care.
(10) Provide for medical care assistance under IC 12-15, if the
recipient's employer does not offer the recipient health care
coverage.
(b) If the secretary offers a program described in subsection (a),
the secretary shall annually report the results and other relevant
data regarding the program to the legislative council in an
electronic format under IC 5-14-6.
Sec. 13. The office of the secretary shall implement methods to
facilitate the payment of providers under IC 12-15.
Sec. 14. The office of the secretary shall improve its system
through the use of technology and training of staff to do the
following:
(1) Simplify, streamline, and destigmatize the eligibility and
enrollment processes in all health programs serving children.
(2) Ensure an efficient provider payment system.
(3) Improve service to families.
(4) Improve data quality for program assessment and
evaluation.
Sec. 15. (a) The office of the secretary shall:
(1) cooperate with; and
(2) assist;
a nonprofit organization with the purpose to implement and
administer a program to provide health care to uninsured Indiana
residents.
(b) The office of the secretary shall assist a nonprofit
organization that has the purpose described in subsection (a) with
the following:
(1) Determining eligibility of potential participants who have
an income of not more than one hundred percent (100%) of
the federal poverty level for a program described in this
section.
(2) Issuing a plan card that is valid for one (1) year to an
individual if:
(A) the office of the secretary has determined the
individual is eligible for the program; and
(B) the individual has paid the office of the secretary a
registration fee determined by the office.
(3) Operating a toll free telephone number that provides
provider referral services for participants in the program.
(4) Implementing the program described in this section to
combine the resources of the office of the secretary and the
nonprofit organization in a manner that would not result in
the additional expenditure of state funds.
SECTION 17. IC 12-8-2.5 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Chapter 2.5. Family and Social Services Bodies
Sec. 0.3. (a) Actions taken under IC 12-8-2 (expired), after
December 31, 2007, and before March 24, 2008, are legalized and
validated to the extent that those actions would have been legal and
valid if P.L.113-2008 had been enacted before January 1, 2008.
(b) Actions taken under IC 12-8-2 (expired) after June 30, 2011,
are legalized and validated to the extent that those actions would
have been legal and valid if IC 12-8-2 had not expired on June 30,
2011.
Sec. 1. As used in this chapter, "body" refers to an entity
described in section 3 of this chapter.
Sec. 2. As used in this chapter, "member" refers to a member of
a body.
Sec. 3. Unless otherwise provided by a statute, this chapter
applies to the following:
(1) The following advisory councils:
(A) The division of disability and rehabilitative services
advisory council.
(B) The division of family resources advisory council.
(C) The division of mental health and addiction advisory
council.
(2) A body:
(A) established by statute for a division; and
(B) whose enabling statute makes this chapter applicable
to the body.
Sec. 3.5. Up to five (5) individuals appointed by the secretary to
serve on an entity not described in section 3(1) of this chapter may
be appointed to serve concurrently on an advisory council
described in section 3(1) of this chapter. However, an individual
may not serve concurrently on more than one (1) advisory council
described in section 3(1) of this chapter.
Sec. 4. (a) This section applies only to a member who by statute
is appointed to a fixed term.
(b) The term of an individual serving as a member begins on the
latter of the following:
(1) The day the term of the member whom the individual is
appointed to succeed expires. If the individual does not
succeed a member, the member's term begins as provided in
subdivision (2).
(2) The day the individual is appointed.
(c) The term of a member expires on July 1 of the second year
after the expiration of the term of the member's immediate
predecessor. If the member has no immediate predecessor, the
term of the member expires on July 1 of the second year after the
member's term began.
(d) A member may be reappointed for a new term. A
reappointed member is the member's own:
(1) successor for purposes of subsection (b); and
(2) immediate predecessor for purposes of subsection (c).
Sec. 5. (a) This section applies only to an individual who serves
as a member because of an office the individual holds.
(b) The individual serves as a member until the individual no
longer holds the office.
Sec. 6. The appointing authority of a member shall appoint an
individual to fill a vacancy in the office of the member.
Sec. 7. Except as provided in another statute, the governor shall
appoint a voting member of the body to be the presiding officer of
the body.
Sec. 8. Unless otherwise provided by a statute, a member is a
voting member.
Sec. 9. A majority of the voting members of the body constitutes
a quorum.
Sec. 10. The affirmative vote of a majority of the voting
members of the body is required for the body to take any action.
Sec. 11. (a) A member who is not a state employee is entitled to
both of the following:
(1) The minimum salary per diem provided by
IC 4-10-11-2.1(b).
(2) Reimbursement for travel expenses and other expenses
actually incurred in connection with the member's duties, as
provided in the state travel policies and procedures
established by the Indiana department of administration and
approved by the budget agency.
(b) A member who is a state employee is entitled to
reimbursement for travel expenses and other expenses actually
incurred in connection with the member's duties, as provided in the
state travel policies and procedures established by the Indiana
department of administration and approved by the budget agency.
(c) A member who is a member of the general assembly is
entitled to receive the same per diem, mileage, and travel
allowances paid to members of the general assembly serving on
interim study committees established by the legislative council.
Sec. 11.5. In addition to the requirements of IC 5-14-1.5, the
office of the secretary or a division will make a good faith effort to
ensure that members of any body subject to this chapter receive a
copy of an agenda at least forty-eight (48) hours before any
meeting of the body.
SECTION 18. IC 12-8-6.5 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Chapter 6.5. Office of Medicaid Policy and Planning
Sec. 0.3. (a) Actions taken under IC 12-8-6 (expired), after
December 31, 2007, and before March 24, 2008, are legalized and
validated to the extent that those actions would have been legal and
valid if P.L.113-2008 had been enacted before January 1, 2008.
(b) Actions taken under IC 12-8-6 (expired) after June 30, 2011,
are legalized and validated to the extent that those actions would
have been legal and valid if IC 12-8-6 had not expired on June 30,
2011.
Sec. 1. The office of Medicaid policy and planning is established.
Sec. 2. The secretary shall appoint an administrator responsible
for management of the office.
Sec. 3. The office is designated as the single state agency for
administration of the state Medicaid program under IC 12-15.
Sec. 4. The office shall develop and coordinate Medicaid policy
for the state.
Sec. 5. The secretary may adopt rules under IC 4-22-2 to
implement this chapter and the state Medicaid program.
Sec. 6. (a) For purposes of IC 4-21.5, the secretary is the
ultimate authority for the state Medicaid program.
(b) The secretary shall adopt rules under IC 4-22-2 to specify
any additional necessary procedures for administrative review of
an agency action under IC 4-21.5 and the state Medicaid program.
Sec. 7. The office and the division of mental health and addiction
shall develop a written memorandum of understanding that
provides the following:
(1) Program responsibilities for the provision of care and
treatment for individuals with a mental illness.
(2) Responsibilities to educate and inform vendors of the
proper billing procedures.
(3) Responsibilities in administering the state plan.
(4) Responsibilities for Medicaid fiscal and quality
accountability and audits for mental health services.
(5) That the division shall recommend options and services to
be reimbursed under the state plan.
(6) That the office and the division agree that, within the
limits of 42 U.S.C. 1396 et seq., individuals with a mental
illness cannot be excluded from services on the basis of
diagnosis unless these services are otherwise provided and
reimbursed under the state plan.
(7) That the office shall seek review and comment from the
division before the adoption of rules or standards that may
affect the service, programs, or providers of medical
assistance services for individuals with a mental illness.
(8) That the division shall develop rate setting policies for
medical assistance services for individuals with a mental
illness.
(9) Policies to facilitate communication between the office and
the division.
(10) Any additional provisions that enhance communication
between the office and the division or facilitate more efficient
or effective delivery of mental health services.
Sec. 8. The office and the division of disability and rehabilitative
services shall develop a written memorandum of understanding
that provides the following:
(1) Program responsibilities for the provision of care and
treatment for individuals with a developmental disability and
long term care recipients.
(2) Responsibilities to educate and inform vendors of the
proper billing procedures.
(3) Responsibilities in administering the state plan.
(4) Responsibilities for Medicaid fiscal and quality
accountability and audits for developmental disability and
long term care services.
(5) That the division shall recommend options and services to
be reimbursed under the state plan.
(6) That the office and the division agree that, within the
limits of 42 U.S.C. 1396 et seq., individuals with a
developmental disability and long term care recipients cannot
be excluded from services on the basis of diagnosis unless
these services are otherwise provided and reimbursed under
the state plan.
(7) That the office shall seek review and comment from the
division before the adoption of rules or standards that may
affect the service, programs, or providers of medical
assistance services for individuals with a developmental
disability and long term care recipients.
(8) That the division shall develop rate setting policies for
medical assistance services for individuals with a
developmental disability and long term care recipients.
(9) That the office, with the assistance of the division, shall
apply for waivers from the United States Department of
Health and Human Services to fund community and home
based long term care services as alternatives to
institutionalization.
(10) Policies to facilitate communication between the office
and the division.
(11) Any additional provisions that enhance communication
between the office and the division or facilitate more efficient
or effective delivery of developmental disability or long term
care services.
Sec. 9. The office, the division of family resources, and the
department of child services shall develop a written memorandum
of understanding that provides the following:
(1) Program responsibilities for the provision of care and
treatment for recipients served by the division.
(2) Responsibilities to educate and inform vendors of the
proper billing procedures.
(3) Responsibilities in administering the state plan.
(4) Responsibilities for Medicaid fiscal and quality
accountability and audits for services administered by the
division.
(5) That the division shall recommend options and services to
be reimbursed under the Medicaid state plan.
(6) That the office and the division agree that, within the
limits of 42 U.S.C. 1396 et seq., recipients served by the
division cannot be excluded from services on the basis of
diagnosis unless these services are otherwise provided and
reimbursed under the state plan.
(7) That the office shall seek review and comment from the
division before the adoption of rules or standards that may
affect the service, programs, or providers of medical
assistance services for recipients served by the division.
(8) That the division shall develop rate setting policies for
medical assistance services administered by the division.
(9) Policies to facilitate communication between the office and
the division.
(10) Any additional provisions that enhance communication
between the office and the division or facilitate more efficient
or effective delivery of services.
Sec. 10. (a) The office shall reduce reimbursement rates for
over-the-counter drugs by ten percent (10%) not later than July 1,
2001.
(b) The office shall implement a Maximum Allowable Cost
schedule for off-patent drugs not later than November 1, 2001.
(c) Not later than January 1, 2002, the office shall implement an
information strategy directed to high volume prescribers.
(d) Beginning July 1, 2002, the office shall phase in case
management for aged, blind, and disabled Medicaid recipients.
Sec. 11. The office shall adopt emergency rules under
IC 4-22-2-37.1 to achieve the reductions needed to avoid
expenditures exceeding the Medicaid appropriation made by
P.L.224-2003 in the line item appropriation to the FAMILY AND
SOCIAL SERVICES ADMINISTRATION, MEDICAID -
CURRENT OBLIGATIONS. To the extent that reductions are
made to optional Medicaid services as set forth in 42 U.S.C. 1396
et seq., the reductions may be accomplished on a pro rata basis
with each optional service being reduced by a proportionate
amount. However, the reductions may not be made in a manner
that results in the elimination of any optional Medicaid service.
SECTION 19. IC 12-8-8.5 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Chapter 8.5. Divisions and Directors
Sec. 0.3. (a) Actions taken under IC 12-8-8 (expired), after
December 31, 2007, and before March 24, 2008, are legalized and
validated to the extent that those actions would have been legal and
valid if P.L.113-2008 had been enacted before January 1, 2008.
(b) Actions taken under IC 12-8-8 (expired) after June 30, 2011,
are legalized and validated to the extent that those actions would
have been legal and valid if IC 12-8-8 had not expired on June 30,
2011.
Sec. 1. Subject to the approval of the governor, the secretary:
(1) shall appoint each director; and
(2) may terminate the employment of a director.
Sec. 2. (a) A director is the chief administrator of the director's
division.
(b) A director is responsible to the secretary for the operation
and performance of the director's division.
Sec. 3. A director is the appointing authority for the director's
division.
Sec. 4. (a) A director may adopt rules under IC 4-22-2 relating
to the operation of the director's division and to implement the
programs of the director's division.
(b) Whenever a division is required to adopt rules under
IC 4-22-2, the director of the division is the statutory authority that
adopts the rules.
Sec. 5. (a) A director is the ultimate authority under IC 4-21.5
for purposes of the operation of the director's division and the
programs of the director's division.
(b) The director shall consult with the secretary on issues of
family, social services, or health policy arising in a proceeding
under IC 4-21.5.
Sec. 6. A director is responsible for development and
presentation of the budget of the director's division.
SECTION 20. IC 12-9-1-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. IC 12-8-8
IC 12-8-8.5 applies to the division.
SECTION 21. IC 12-9-2-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. The division
shall be administered by a director appointed under IC 12-8-8-1.
IC 12-8-8.5-1.
SECTION 22. IC 12-9-2-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. IC 12-8-8
IC 12-8-8.5 applies to the director.
SECTION 23. IC 12-9-4-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. Each member of
the council appointed under section 3(2) of this chapter has a fixed
term as provided in IC 12-8-2-4. IC 12-8-2.5-4.
SECTION 24. IC 12-9-4-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7. IC 12-8-2
IC 12-8-2.5 applies to the council.
SECTION 25. IC 12-9.1-1-2, AS ADDED BY P.L.141-2006,
SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. IC 12-8-8 IC 12-8-8.5 applies to the
division.
SECTION 26. IC 12-9.1-2-1, AS ADDED BY P.L.141-2006,
SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1. The division shall be administered by a
director appointed under IC 12-8-8-1. IC 12-8-8.5-1.
SECTION 27. IC 12-9.1-2-2, AS ADDED BY P.L.141-2006,
SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. IC 12-8-8 IC 12-8-8.5 applies to the
director.
SECTION 28. IC 12-10-12-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. As used in this
chapter, "office" refers to the office of Medicaid policy and planning
established by IC 12-8-6-1. IC 12-8-6.5-1.
SECTION 29. IC 12-12-1-4.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4.1. (a) The bureau
may do the following:
(1) Establish vocational rehabilitation centers separately or in
conjunction with community rehabilitation centers.
(2) Contract with governmental units and other public or private
organizations to provide any of the vocational rehabilitation
services permitted or required by this article, IC 12-8-1-11,
IC 12-8-1.5-10, IC 12-9-6, and IC 12-11-6.
(3) Provide or contract for the provision of other services that are
consistent with the purposes of this article, IC 12-8-1-11,
IC 12-8-1.5-10, IC 12-9-6, and IC 12-11-6.
(b) When entering into contracts for job development, placement,
or retention services, the bureau shall contract with governmental units
and other public or private organizations or individuals that are
accredited by one (1) of the following organizations:
(1) The Commission on Accreditation of Rehabilitation Facilities
(CARF), or its successor.
(2) The Council on Quality and Leadership in Supports for People with Disabilities, or its successor.
(3) The Joint Commission on Accreditation of Healthcare Organizations (JCAHO), or its successor.
(4) The National Commission on Quality Assurance, or its successor.
(5) An independent national accreditation organization approved by the secretary.
(c) To the extent that the accreditation requirements of an accrediting organization listed in subsection (b) do not cover a specific requirement determined by the bureau to be necessary for a contracted service under subsection (a), the bureau shall include these specific requirements as part of the bureau's contract for job development, placement, or retention services.
SECTION 30. IC 12-12.7-2-8, AS ADDED BY P.L.93-2006, SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 8. (a) The council consists of at least fifteen (15) but not more than twenty-five (25) members appointed by the governor as follows:
(1) At least twenty percent (20%) of the members must be individuals who:
(A) are parents, including minority parents, of infants or toddlers with disabilities or of children who are less than thirteen (13) years of age with disabilities; and
(B) have knowledge of or experience with programs for infants and toddlers with disabilities.
At least one (1) of the members described in this subdivision must be a parent of an infant or toddler with a disability or of a child less than seven (7) years of age with a disability.
(2) At least twenty percent (20%) of the members must be public or private providers of early intervention services.
(3) At least one (1) member must be a member of the general assembly.
(4) Each of the state agencies involved in the provision of or payment for early intervention services to infants and toddlers with disabilities and their families must be represented by at least one (1) member. The members described in this subdivision must have sufficient authority to engage in policy planning and implementation on behalf of the state agency the member represents.
(5) At least one (1) member must be involved in personnel preparation.
(6) At least one (1) member must:
(A) represent a state educational agency responsible for preschool services to children with disabilities; and
(B) have sufficient authority to engage in policy planning and implementation on behalf of the agency.
(7) At least one (1) member must represent the department of insurance created by IC 27-1-1-1.
(8) At least one (1) member must represent an agency or program that is:
(A) located in Indiana; and
(B) authorized to participate in the Head Start program under 42 U.S.C. 9831 et seq.
(9) At least one (1) member must represent a state agency responsible for child care.
(10) At least one (1) member must represent the office of Medicaid policy and
(11) At least one (1) member must be a representative designated by the office of coordinator for education of homeless children and youths.
(12) At least one (1) member must be a state foster care representative from the department of child services established by
(13) At least one (1) member must represent the division of mental health and addiction established by IC 12-21-1-1.
(b) To the extent possible, the governor shall ensure that the membership of the council reasonably represents the population of Indiana.
SECTION 31. IC 12-13-1-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2.
SECTION 32. IC 12-13-2-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. The division shall be administered by a director appointed under
SECTION 33. IC 12-13-4-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. Each member of the council appointed under section 3(2) of this chapter has a fixed term as provided in
SECTION 34. IC 12-13-4-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7.
SECTION 35. IC 12-13-15.2-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. The division shall collaborate with the office of Medicaid policy and planning established by
SECTION 36. IC 12-14-2-21, AS AMENDED BY P.L.161-2007, SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 21. (a) A TANF recipient or the parent or essential person of a TANF recipient, if the TANF recipient is less than eighteen (18) years of age, must sign a personal responsibility agreement to do the following:
(1) Develop an individual self-sufficiency plan with other family members and a caseworker.
(2) Accept any reasonable employment as soon as it becomes available.
(3) Agree to a loss of assistance, including TANF assistance under this article, if convicted of a felony under IC 35-43-5-7 or IC 35-43-5-7.1 for ten (10) years after the conviction.
(4) Subject to section 5.3 of this chapter, understand that additional TANF assistance under this article will not be available for a child born more than ten (10) months after the person qualifies for assistance.
(5) Accept responsibility for ensuring that each child of the person receives all appropriate vaccinations against disease at an appropriate age.
(6) If the person is less than eighteen (18) years of age and is a parent, live with the person's parents, legal guardian, or an adult relative other than a parent or legal guardian in order to receive public assistance.
(7) Subject to
(8) Be available for and actively seek and maintain employment.
(9) Participate in any training program required by the division.
(10) Accept responsibility for ensuring that the person and each child of the person attend school until the person and each child of the person graduate from high school or attain a high school equivalency certificate (as defined in IC 12-14-5-2).
(11) Raise the person's children in a safe, secure home.
(12) Agree not to abuse illegal drugs or other substances that would interfere with the person's ability to attain self-sufficiency.
(b) Except as provided in subsection (c), assistance under the TANF program shall be withheld or denied to a person who does not fulfill the requirements of the personal responsibility agreement under subsection (a).
(c) A person who is granted an exemption under section 23 of this chapter may be excused from specific provisions of the personal responsibility agreement as determined by the director.
SECTION 37. IC 12-15-2-0.5, AS AMENDED BY P.L.1-2010, SECTION 58, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 0.5. (a) This section applies to a person who qualifies for assistance:
(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)
(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.
SECTION 38. IC 12-21-1-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2.
SECTION 39. IC 12-21-2-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. The division shall be administered by a director appointed under
IC 12-8-8.5-1.
SECTION 40. IC 12-21-2-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. IC 12-8-8
IC 12-8-8.5 applies to the director.
SECTION 41. IC 12-21-2-3, AS AMENDED BY P.L.143-2011,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. In addition to the general authority granted
to the director under IC 12-8-8, IC 12-8-8.5, the director shall do the
following:
(1) Organize the division, create the appropriate personnel
positions, and employ personnel necessary to discharge the
statutory duties and powers of the division or a bureau of the
division.
(2) Subject to the approval of the state personnel department,
establish personnel qualifications for all deputy directors,
assistant directors, bureau heads, and superintendents.
(3) Subject to the approval of the budget director and the
governor, establish the compensation of all deputy directors,
assistant directors, bureau heads, and superintendents.
(4) Study the entire problem of mental health, mental illness, and
addictions existing in Indiana.
(5) Adopt rules under IC 4-22-2 for the following:
(A) Standards for the operation of private institutions that are
licensed under IC 12-25 for the diagnosis, treatment, and care
of individuals with psychiatric disorders, addictions, or other
abnormal mental conditions.
(B) Licensing or certifying community residential programs
described in IC 12-22-2-3.5 for individuals with serious
mental illness (SMI), serious emotional disturbance (SED), or
chronic addiction (CA) with the exception of psychiatric
residential treatment facilities.
(C) Certifying community mental health centers to operate in
Indiana.
(D) Establish exclusive geographic primary service areas for
community mental health centers. The rules must include the
following:
(i) Criteria and procedures to justify the change to the
boundaries of a community mental health center's primary
service area.
(ii) Criteria and procedures to justify the change of an
assignment of a community mental health center to a
primary service area.
(iii) A provision specifying that the criteria and procedures determined in items (i) and (ii) must include an option for the county and the community mental health center to initiate a request for a change in primary service area or provider assignment.
(iv) A provision specifying the criteria and procedures determined in items (i) and (ii) may not limit an eligible consumer's right to choose or access the services of any provider who is certified by the division of mental health and addiction to provide public supported mental health services.
(6) Institute programs, in conjunction with an accredited college or university and with the approval, if required by law, of the commission for higher education, for the instruction of students of mental health and other related occupations. The programs may be designed to meet requirements for undergraduate and postgraduate degrees and to provide continuing education and research.
(7) Develop programs to educate the public in regard to the prevention, diagnosis, treatment, and care of all abnormal mental conditions.
(8) Make the facilities of the Larue D. Carter Memorial Hospital available for the instruction of medical students, student nurses, interns, and resident physicians under the supervision of the faculty of the Indiana University School of Medicine for use by the school in connection with research and instruction in psychiatric disorders.
(9) Institute a stipend program designed to improve the quality and quantity of staff that state institutions employ.
(10) Establish, supervise, and conduct community programs, either directly or by contract, for the diagnosis, treatment, and prevention of psychiatric disorders.
(11) Adopt rules under IC 4-22-2 concerning the records and data to be kept concerning individuals admitted to state institutions, community mental health centers, or other providers.
(12) Compile information and statistics concerning the ethnicity and gender of a program or service recipient.
(13) Establish standards for services described in IC 12-7-2-40.6 for community mental health centers and other providers.
SECTION 42. IC 14-13-2-3.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3.3. As used in this chapter,
"parcel" has the meaning set forth in 50 IAC 26-2-31.
SECTION 43. IC 14-13-2-6, AS AMENDED BY HEA 1264-2012,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 6. (a) Except as provided in subsection (b) and
section sections 18.5 and 18.6 of this chapter, the commission may
operate in the manner provided in this chapter only in the geographic
area within and extending one (1) mile from the bank of the west arm
of the Little Calumet River and Burns Waterway in Lake County and
Porter County. However, to address flooding issues within this
geographic area, the commission may operate in the manner
provided in this chapter in areas that include tributaries to the
Little Calumet River and Burns Waterway, including the Deep
River watershed, within Lake County.
(b) The commission does not have the power of eminent domain for
the construction of marina facilities north of U.S. Highway 12 or south
of that point where the west arm of the Little Calumet River meets
Burns Waterway. The commission's activities north of U.S. Highway
12 and within and adjacent to Burns Waterway are restricted to those
activities that the commission determines to be necessary for the
following:
(1) Channeling and maintenance.
(2) Construction of breakwaters.
SECTION 44. IC 14-13-2-7, AS AMENDED BY HEA 1264-2012,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 7. (a) The commission has:
(1) before July 1, 2012, five (5) members appointed by the
governor; and
(2) after June 30, 2012, nine (9) members appointed by the
governor.
(b) The following requirements apply to the governor's
appointments under subsection (a)(1):
(1) One (1) member must be a representative of the department of
natural resources. The member may not be an employee or elected
official of a city, town, or county governmental unit.
(2) The remaining four (4) members must meet the following
requirements:
(A) Four (4) members must reside in a:
(i) city;
(ii) town; or
(iii) township (if the member resides in an unincorporated
area of the county);
that borders the Little Calumet River.
(B) At least three (3) of the members must have a background in:
(i) construction;
(ii) project management; or
(iii) flood control;
or a similar professional background.
(C) A member may not be an employee or elected official of a city, town, or county governmental unit.
(c) The following apply to the membership of the commission after June 30, 2012:
(1) Before August 1, 2012, the governor shall appoint four (4) additional members to the commission for four (4) year terms as follows:
(A) One (1) member nominated by the mayor of a city having a population of more than eighty thousand five hundred (80,500) but less than one hundred thousand (100,000).
(B) One (1) member nominated by the mayor of a city having a population of more than eighty thousand (80,000) but less than eighty thousand four hundred (80,400).
(C) Two (2) members nominated by the board of county commissioners of Lake County.
(2) Notwithstanding section 8 of this chapter, the term of the member described in subsection (b)(1) expires January 7, 2013. The governor shall appoint one (1) member nominated by the department of natural resources for a four (4) year term beginning January 7, 2013.
(3) Notwithstanding section 8 of this chapter, the terms of the members described in subsection (b)(2) expire January 1, 2014. The governor shall appoint for four (4) year terms beginning January 1, 2014, four (4) members, each of whom must have been nominated by the executive of a municipality located in the watershed other than a city described in subdivision (1).
(4) A member appointed to succeed a member appointed under subdivision (1) or (2) must be nominated by the nominating authority that nominated the member's predecessor, and a member appointed to succeed a member appointed under subdivision (3) must be nominated by the executive of a municipality located in the watershed other than a city described in subdivision (1).
(d) The following apply to a member appointed under subsection (c) and to any member appointed to succeed a member appointed under subsection (c):
(1) After July 31, 2012, not more than five (5) members of the
commission may belong to the same political party.
(2) Each member must have a background in:
(A) construction;
(B) project management;
(C) flood control; or
(D) a similar professional background.
(3) A member may not be an employee or elected official of a
city, town, or county governmental unit.
(4) Neither the two (2) members appointed under subsection
(c)(3) nor any two (2) members appointed to succeed them may
be from the same municipality.
(4) The members:
(A) appointed under subsection (c)(3); or
(B) appointed to succeed members appointed under
subsection (c)(3);
must be from different municipalities.
(5) Neither the two (2) members appointed under subsection
(c)(1)(C) nor any two (2) members appointed to succeed them
may be from the same district created under IC 36-2-2-4(b).
SECTION 45. IC 14-13-2-18.6, AS ADDED BY HEA 1264-2012,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 18.6. (a) Each year, the county treasurer shall add
to the property tax statements of a person owning the taxable parcel
affected by a special assessment imposed under section 18.5 of this
chapter, designating the special assessment in a manner distinct from
general taxes, and indicating that the full annual assessment is due in
the year the statement is sent.
(b) An assessment imposed under section 18.5 of this chapter shall
be collected in the same manner as other special assessments are
collected under IC 6-1.1, except for the following:
(1) An assessment is not the personal obligation of the owner of
the taxable parcel affected by the assessment, and only the taxable
parcel actually affected by an assessment shall be sold for
delinquency.
(2) An annual assessment shall be paid in full on or before the
date the first installment of property taxes is due.
(c) At the time of each annual tax settlement, the county treasurer
shall certify to the county auditor the amount of the special assessments
collected.
(d) The county auditor shall pay special assessments collected by
the county treasurer under this section to the commission.
(e) Special assessments collected under this section shall be
deposited into a segregated account within the fund. Special
assessments deposited into the account may not be transferred into
other accounts within the fund. Money in the account may be used only
for the following purposes:
(1) To pay expenses directly related to the acquisition,
construction, or improvement of real property, a facility, a
betterment, or an improvement constituting part of a project of the
commission, including acquisition of the site for a project.
(2) To pay expenses directly related to the operation, repair, and
maintenance of flood protection systems within the watershed.
(3) To repay bonds issued for the purposes described in
subdivision (1).
(4) To make the transfers required by subsection (f).
(f) Subject to subsection (g), the commission shall transfer money
from the segregated account referred to in subsection (e) to the
northwest Indiana regional development authority established by
IC 36-7.5-2-1 as follows:
(1) Two million four hundred thirty thousand dollars ($2,430,000)
on July 1, 2013.
(2) One million four hundred sixty thousand dollars ($1,460,000)
on July 1, 2014.
(3) Nine hundred twenty thousand dollars ($920,000) on July 1,
2015.
(4) Six hundred ninety thousand dollars ($690,000) on July 1,
2016.
(5) Five hundred thousand dollars ($500,000) on July 1, 2017.
(g) The commission may postpone or reduce the amount of a
transfer required by subsection (f) by adopting a resolution, with at
least two-thirds (2/3) of the members voting in the affirmative,
declaring that an emergency exists. For purposes of this subsection, an
emergency may include the following:
(1) A determination that the amount of assessments paid before
July 1, 2013, is insufficient to make the transfer required under
subsection (f)(1) on July 1, 2013.
(2) A demand from the Army Corps of Engineers for payment in
an amount that would prevent the commission from complying
with the transfer schedule set forth in subsection (f).
(h) The total amount to be transferred to the northwest Indiana
regional development authority under the schedule set forth in
subsection (f), as amended for the reasons specified in subsection
(g), is six million dollars ($6,000,000).
SECTION 46. IC 16-28-15-5, AS ADDED BY P.L.229-2011,
SECTION 162, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 5. As used in this chapter,
"office" refers to the office of Medicaid policy and planning established
by IC 12-8-6-1. IC 12-8-6.5-1.
SECTION 47. IC 20-24-8-5, AS AMENDED BY P.L.90-2011,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 5. The following statutes and rules and guidelines
adopted under the following statutes apply to a charter school:
(1) IC 5-11-1-9 (required audits by the state board of accounts).
(2) IC 20-39-1-1 (unified accounting system).
(3) IC 20-35 (special education).
(4) IC 20-26-5-10 (criminal history).
(5) IC 20-26-5-6 (subject to laws requiring regulation by state
agencies).
(6) IC 20-28-10-12 (nondiscrimination for teacher marital status).
(7) IC 20-28-10-14 (teacher freedom of association).
(8) IC 20-28-10-17 (school counselor immunity).
(9) For conversion charter schools only, IC 20-28-6, IC 20-28-7.5,
IC 20-28-8, IC 20-28-9, and IC 20-28-10.
(10) IC 20-33-2 (compulsory school attendance).
(11) IC 20-33-3 (limitations on employment of children).
(12) IC 20-33-8-19, IC 20-33-8-21, and IC 20-33-8-22 (student
due process and judicial review).
(13) IC 20-33-8-16 (firearms and deadly weapons).
(14) IC 20-34-3 (health and safety measures).
(15) IC 20-33-9 (reporting of student violations of law).
(16) IC 20-30-3-2 and IC 20-30-3-4 (patriotic commemorative
observances).
(17) IC 20-31-3, IC 20-32-4, IC 20-32-5, IC 20-32-6, IC 20-32-8,
and IC 20-32-8.5, as provided in IC 20-32-8.5-2(b) or any other
statute, rule, or guideline related to standardized testing
(assessment programs, including remediation under the
assessment programs). (academic standards, accreditation,
assessment, and remediation).
(18) IC 20-33-7 (parental access to education records).
(19) IC 20-31 (accountability for school performance and
improvement).
(20) IC 20-30-5-19 (personal financial responsibility instruction).
SECTION 48. IC 20-26-11-8, AS AMENDED BY SEA 283-2012,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 8. (a) As used in this section, "attend school"
means to:
(1) by or with the consent of the department of child services;
(2) by a court order; or
(3) by a child placing agency licensed by the department of child services;
may attend school in the school corporation in which the facility is located. If the school corporation in which the facility is located is not the school corporation in which the student has legal settlement, the school corporation in which the student has legal settlement shall pay the transfer tuition of the student.
(1) the placement is necessary for the student's physical or emotional health and well-being and, if the placement is in a
health care facility, is recommended by a physician; and
(2) the placement is projected to be for not less than fourteen (14)
consecutive calendar days or a total of twenty (20) calendar days.
The school corporation in which the student has legal settlement shall
pay the transfer tuition of the student. The parent of the student shall
notify the school corporation in which the facility is located and the
school corporation of the student's legal settlement, if identifiable, of
the placement. Not later than thirty (30) days after this notice, the
school corporation of legal settlement shall either pay the transfer
tuition of the transferred student or appeal the payment by notice to the
department. The acceptance or notice of appeal by the school
corporation must be given by certified mail to the parent or guardian of
the student and any affected school corporation. In the case of a student
who is not identified as having a disability under IC 20-35, the state
board shall make a determination on transfer tuition according to the
procedures in section 15 of this chapter. In the case of a student who
has been identified as having a disability under IC 20-35, the
determination on transfer tuition shall be made under this subsection
and the procedures adopted by the state board under
IC 20-35-2-1(b)(5).
(f) (c) A student who is placed in:
(1) an institution operated by the division of disability and
rehabilitative services or the division of mental health and
addiction; or
(2) an institution, a public or private facility, a home, a group
home, or an alternative family setting by the division of disability
and rehabilitative services or the division of mental health and
addiction;
may attend school in the school corporation in which the institution is
located. The state shall pay the transfer tuition of the student, unless
another entity is required to pay the transfer tuition as a result of a
placement described in subsection (d) (a) or (e) (b) or another state is
obligated to pay the transfer tuition.
(g) (d) This subsection applies to a student who is placed:
(1) by or with the consent of the department of child services;
(2) by a court order; or
(3) by a child placing agency licensed by the department of child
services;
in a foster family home or the home of a relative or other unlicensed
caretaker that is not located in the school corporation in which the
student has legal settlement. The student may attend school in either
the school corporation in which the foster family home or other home
is located or the school corporation in which the student has legal
settlement. The department of child services and the student's foster
parents or caretaker shall make the determination concerning where the
student attends school unless that determination is made by a court that
has jurisdiction over the student. If a licensed child placing agency is
responsible for oversight of the foster family home in which the student
is placed or for providing services to the student, the department of
child services must consult with the licensed child placing agency
concerning the determination of, or the recommendations made to the
court concerning, where the student attends school. Except as provided
in subsection (h), (e), transfer tuition is not required for the student.
(h) (e) If a student to whom subsection (g) (d) applies is attending
school in a school corporation that is not the school corporation in
which the student has legal settlement, the school corporation in which
the student has legal settlement shall pay transfer tuition to the school
corporation in which the student is enrolled in school if all of the
following conditions apply:
(1) The student was previously placed in a child caring institution
licensed under IC 31-27-3.
(2) While placed in the child caring institution, the student was
enrolled in a school that is:
(A) administered by the school corporation in which the child
caring institution is located; and
(B) located at the child caring institution.
(3) The student was moved from the child caring institution to a
licensed foster family home supervised by the child caring
institution either:
(A) with the approval of the department of child services and
the court having jurisdiction over the student in a case under
IC 31-34; or
(B) by a court order in a case under IC 31-37.
(4) After moving from the child caring institution to the foster
family home, the student continues to attend the school located at
the child caring institution.
(5) The legal settlement of the student was determined by a
juvenile court under IC 31-34-20-5, IC 31-34-21-10,
IC 31-37-19-26, or IC 31-37-20-6.
(i) (f) A student:
(1) who is placed in a facility, home, or institution described in
subsection (d), (e), or (f); (a), (b), or (c);
(2) to whom neither subsection (g) (d) nor (h) (e) applies; and
(3) for whom there is no other entity or person required to pay
transfer tuition;
may attend school in the school corporation in which the facility, home,
or institution is located. The department shall conduct an investigation
and determine whether any other entity or person is required to pay
transfer tuition. If the department determines that no other entity or
person is required to pay transfer tuition, the state shall pay the transfer
tuition for the student out of the funds appropriated for tuition support.
SECTION 49. IC 20-27-11-1, AS ADDED BY P.L.1-2005,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 1. (a) If a student who attends a nonpublic school
in a school corporation resides on or along the highway constituting the
regular route of a public school bus, the governing body of the school
corporation shall provide transportation for the nonpublic school
student on the school bus.
(b) The transportation provided under this section must be from the
home of the nonpublic school student or from a point on the regular
route nearest or most easily accessible to the home of the nonpublic
school student to and from the nonpublic school or to and from the
point on the regular route that is nearest or most easily accessible to the
nonpublic school from which the student can walk to and from the
nonpublic school.
SECTION 50. IC 20-28-11.5-8, AS ADDED BY P.L.90-2011,
SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 8. (a) To implement this chapter, the state board
shall do the following:
(1) Before January 31, 2012, adopt rules under IC 4-22-2 that
establish:
(A) the criteria that define each of the four categories of
teacher ratings under section 4(b)(3) 4(c)(4) of this chapter;
(B) the measures to be used to determine student academic
achievement and growth under section 4(b)(2) 4(c)(2) of this
chapter;
(C) standards that define actions that constitute a negative
impact on student achievement; and
(D) an acceptable standard for training evaluators.
(2) Before January 31, 2012, work with the department to develop
a model plan and release it to school corporations. Subsequent
versions of the model plan that contain substantive changes must
be provided to school corporations.
(3) Work with the department to ensure the availability of
ongoing training on the use of the performance evaluation to
ensure that all evaluators and certificated employees have access
to information on the plan, the plan's implementation, and this
chapter.
(b) A school corporation may adopt the department's model plan,
or any other model plan approved by the department, without the
state board's approval.
(c) A school corporation may substantially modify the model plan
or develop the school corporation's own plan, if the substantially
modified or developed plan meets the criteria established under this
chapter. If a school corporation substantially modifies the model plan
or develops its own plan, the department may request that the school
corporation submit the plan to the department to ensure the plan meets
the criteria developed under this chapter. If the department makes
such a request, before submitting a substantially modified or new
staff performance evaluation plan to the department, the governing
body shall submit the staff performance evaluation plan to the
teachers employed by the school corporation for a vote. If at least
seventy-five percent (75%) of the voting teachers vote in favor of
adopting the staff performance evaluation plan, the governing
body may submit the staff performance evaluation plan to the
department.
(d) Each school corporation shall submit its staff performance
evaluation plan to the department. The department shall publish the
staff performance evaluation plans on the department's Internet web
site. A school corporation must submit its staff performance evaluation
plan to the department for approval in order to qualify for any grant
funding related to this chapter.
(c) This subsection applies to a school corporation that has not
adopted a staff performance evaluation plan that complies with this
chapter before July 1, 2011. Before submitting a staff performance
evaluation plan to the department under subsection (b), the governing
body shall submit the staff performance evaluation plan to the teachers
employed by the school corporation for a vote. If at least seventy-five
percent (75%) of the teachers voting vote in favor of adopting the staff
performance evaluation plan, the governing body may submit the staff
performance evaluation plan to the department under subsection (b).
SECTION 51. IC 20-31-2-10, AS ADDED BY P.L.229-2011,
SECTION 187, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 10. "Turnaround academy"
means a school that is subject to IC 20-31-9.5 and for the purpose of
federal funding only, is considered a local educational agency.
SECTION 52. IC 20-31-9.5-7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 7. (a) If the state board
assigns a special management team to a school, the state board
shall enter into a contract with a special management team that
includes the following provisions:
(1) A requirement that the special management team and the
governing body conduct a public meeting two (2) times each
year to provide a report concerning:
(A) student achievement of affected students; and
(B) the condition of the school property and to address
issues related to the school property.
(2) A requirement that the student instruction must be
provided by teachers licensed under IC 20-28-5.
(b) Individuals employed by the special management team are
entitled to participate in either:
(1) the state teachers' retirement fund created by IC 5-10.4;
or
(2) the public employees' retirement fund created by
IC 5-10.3.
(c) Employees of a special management team are not required
to organize and collectively bargain under IC 20-29-6.
SECTION 53. IC 20-32-8.5-2, AS ADDED BY P.L.109-2010,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 2. (a) Except as provided in subsection (b) or
(c), the plan required by this chapter must include the following:
(1) Reading skill standards for grade 1 through grade 3.
(2) An emphasis on a method for making determinant evaluations
by grade 3 that might require remedial action for the student,
including retention as a last resort, after other methods of
remediation have been evaluated or used, or both, if reading skills
are below the standard. Appropriate consultation with parents or
guardians must be part of the plan.
(3) The fiscal impact of each component of the plan, if any. In
determining whether a component has a fiscal impact,
consideration shall be given to whether the component will
increase costs to the state or a school corporation or require the
state or school corporation to reallocate resources.
(b) For a charter school, as defined in IC 20-24-1-4, a plan may
include only the following:
(1) A method for making determinant evaluations of reading
skills by grade 3.
(2) Retention as a last resort for students reading below grade
level as measured by the evaluation or assessment.
(c) This subsection applies to a public school that is not a charter school. A school corporation may receive a waiver of the requirements provided in 511 IAC 6.2-3.1-4(a)(2) if the state board approves an alternative reading plan provided by the school corporation.
SECTION 54. IC 20-49-5-3, AS AMENDED BY SEA 283-2012, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. To assist a school corporation in providing the school corporation's educational program to a student placed in a facility or home as described in
STEP ONE: Estimate for the current school year the number of students described in
STEP TWO: Multiply the STEP ONE amount by the school corporation's prior year per student transfer tuition amount.
SECTION 55. IC 20-49-5-5, AS AMENDED BY SEA 283-2012, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 5. A school corporation receiving an advance shall notify the school corporation or auditor of state from which the school corporation receives transfer tuition under IC 20-26-11 for students described in
SECTION 56. IC 22-4.1-17-6, AS ADDED BY P.L.110-2010, SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 6. As used in this chapter, "secretary" refers to the secretary of family and social services appointed under
SECTION 57. IC 31-34-20-5, AS AMENDED BY SEA 283-2012, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 5. (a) This section applies if the department or a juvenile court:
(1) places a child;
(2) changes the placement of a child; or
(3) reviews the implementation of a decree under IC 31-34-21 of a child placed;
in a state licensed private or public health care facility, child care facility, foster family home, or the home of a relative or other unlicensed caretaker.
(b) The juvenile court shall do the following:
(1) Make findings of fact concerning the legal settlement of the child.
(2) Apply IC 20-26-11-2(1) through IC 20-26-11-2(8) to determine where the child has legal settlement.
(3) Include the findings of fact required by this section in:
(A) the dispositional order;
(B) the modification order; or
(C) the other decree;
making or changing the placement of the child.
(c) The juvenile court may determine that the legal settlement of the child is in the school corporation in which the child will attend school under
(d) The juvenile court shall comply with the reporting requirements under IC 20-26-11-9 concerning the legal settlement of the child.
(e) The department or a juvenile court may place a child in a public school, regardless of whether the public school has a waiting list for admissions, if the department or juvenile court determines that the school's program meets the child's educational needs and the school agrees to the placement. A placement under this subsection does not affect the legal settlement of the child.
SECTION 58. IC 31-37-19-26, AS AMENDED BY SEA 283-2012, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 26. (a) This section applies if a juvenile court:
(1) places a child;
(2) changes the placement of a child; or
(3) reviews the implementation of a decree under IC 31-37-20 (or IC 31-6-4-19 before its repeal) of a child placed;
in a state licensed private or public health care facility, child care facility, foster family home, or the home of a relative or other unlicensed caretaker.
(b) The juvenile court shall do the following:
(1) Make findings of fact concerning the legal settlement of the child.
(2) Apply IC 20-26-11-2(1) through IC 20-26-11-2(8) to
determine where the child has legal settlement.
(3) Include the findings of fact required by this section in the:
(A) dispositional order;
(B) modification order; or
(C) other decree;
making or changing the placement of the child.
(c) The juvenile court may determine that the legal settlement of the
child is in the school corporation in which the child will attend school
under IC 20-26-11-8(g). IC 20-26-11-8(d).
(d) The juvenile court shall comply with the reporting requirements
under IC 20-26-11-9 concerning the legal settlement of the child.
(e) The juvenile court may place a child in a public school,
regardless of whether the public school has a waiting list for
admissions, if the court determines that the school's program meets the
child's educational needs and the school agrees to the placement. A
placement under this subsection does not affect the legal settlement of
the child.
SECTION 59. IC 32-33-4-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. A person, a firm,
a partnership, an association, a limited liability company, or a
corporation maintaining a hospital in Indiana or a hospital owned,
maintained, or operated by the state or a political subdivision of the
state is entitled to hold a lien for the reasonable value of its services or
expenses on any judgment for personal injuries rendered in favor of
any person, except: a person covered by:
(1) a person covered by the provisions of IC 22-3-2 through
IC 22-3-6;
(2) a person covered by the federal worker's compensation laws;
or
(3) a person covered by the federal liability act; or
(4) an eligible person (as defined in IC 34-13-8-1) with respect
to a distribution paid from the supplemental state fair relief
fund for an occurrence (as defined in IC 34-13-8-2);
who is admitted to the hospital and receives treatment, care, and
maintenance on account of personal injuries received as a result of the
negligence of any person or corporation. In order to claim the lien, the
hospital must at the time or after the judgment is rendered, enter, in
writing, upon the judgment docket where the judgment is recorded, the
hospital's intention to hold a lien upon the judgment, together with the
amount claimed.
SECTION 60. IC 32-33-4-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. (a) A person, a
firm, a partnership, an association, a limited liability company, or a
corporation maintaining a hospital in Indiana or a hospital owned,
maintained, or operated by the state or a political subdivision has a lien
for all reasonable and necessary charges for hospital care, treatment,
and maintenance of a patient (including emergency ambulance services
provided by the hospital) upon any cause of action, suit, or claim
accruing to the patient, or in the case of the patient's death, the patient's
legal representative, because of the illness or injuries that:
(1) gave rise to the cause of action, suit, or claim; and
(2) necessitated the hospital care, treatment, and maintenance.
(b) The lien provided for in subsection (a):
(1) except as provided in subsection (c), applies to any amount
obtained or recovered by the patient by settlement or compromise
rendered or entered into by the patient or by the patient's legal
representative;
(2) is subject and subordinate to any attorney's lien upon the claim
or cause of action;
(3) is not applicable to accidents or injuries within the purview of:
(A) IC 22-3;
(B) 5 U.S.C. 8101 et seq.; or
(C) 45 U.S.C. 51 et seq.; or
(D) IC 34-13-8 concerning a distribution paid from the
supplemental state fair relief fund to an eligible person (as
defined in IC 34-13-8-1) for an occurrence (as defined in
IC 34-13-8-2);
(4) is not assignable; and
(5) must first be reduced by the amount of any medical insurance
proceeds paid to the hospital on behalf of the patient after the
hospital has made all reasonable efforts to pursue the insurance
claims in cooperation with the patient.
(c) If a settlement or compromise that is subject to subsection (b)(1)
is for an amount that would permit the patient to receive less than
twenty percent (20%) of the full amount of the settlement or
compromise if all the liens created under this chapter were paid in full,
the liens must be reduced on a pro rata basis to the extent that will
permit the patient to receive twenty percent (20%) of the full amount.
SECTION 61. IC 32-33-5-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. (a) A provider
has a lien for all reasonable and necessary charges for the provision of
emergency ambulance services to a patient upon any cause of action,
suit, or claim accruing to the patient, or in the case of the patient's
death, the patient's legal representative, because of the illness or
injuries that:
(1) gave rise to the cause of action, suit, or claim; and
(2) necessitated the provision of emergency ambulance services.
(b) The lien:
(1) applies to any amount obtained or recovered by the patient by
settlement or compromise rendered or entered into by the patient
or by the patient's legal representative;
(2) is subject and subordinate to any attorney's lien upon the claim
or cause of action; and
(3) is not applicable to accidents or injuries within the purview of:
(A) IC 22-3;
(B) 5 U.S.C. 8101 et seq.; or
(C) 45 U.S.C. 51 et seq.; or
(D) IC 34-13-8 concerning a distribution paid from the
supplemental state fair relief fund to an eligible person (as
defined in IC 34-13-8-1) for an occurrence (as defined in
IC 34-13-8-2).
SECTION 62. IC 34-13-8 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Chapter 8. Special Supplemental Relief
Sec. 1. As used in this chapter, "eligible person" refers to a
person or the estate of a person that properly filed a claim with the
state, in the form prescribed by the attorney general, before
December 31, 2011, for physical injury or death resulting from an
occurrence.
Sec. 2. As used in this chapter, "occurrence" refers to one (1) or
more acts or omissions by the state or employees of the state in
connection with a single event occurring after July 31, 2011, and
before September 1, 2011, that resulted in the death of seven (7) or
more persons.
Sec. 3. As used in this chapter, "supplemental fund" refers to
the supplemental state fair relief fund established by section 9 of
this chapter.
Sec. 4. (a) Recognizing the special conditions created by an
occurrence, it is the intent of the general assembly to provide
supplemental relief for victims of the occurrence. It is not the
intent of the general assembly to revise the tort claims act in order
to address the special situation of the occurrence.
(b) The attorney general may compromise or settle a claim or
suit brought against the state or its employees as provided in this
chapter.
(c) Only eligible persons are eligible to receive compensation
under this chapter.
Sec. 5. (a) The attorney general shall attempt to resolve before
January 1, 2013, all claims and suits brought against the state or its
employees for an occurrence for an amount that, in the aggregate,
does not exceed eleven million dollars ($11,000,000), consisting of:
(1) five million dollars ($5,000,000) paid from the state tort
claim fund established to pay claims and expenses under
IC 34-13-3-24; and
(2) six million dollars ($6,000,000) to be paid from the
supplemental fund.
(b) The attorney general shall attempt to resolve before January
1, 2013, claims or suits for an occurrence as follows:
(1) The estate of an eligible person whose death resulted from
an occurrence shall receive seven hundred thousand dollars
($700,000). This amount includes any compensation under
this chapter for the eligible person's attorney's fees. The
amount distributed to the estate of the eligible person whose
death resulted from an occurrence is exempt from inheritance
taxes under IC 6-4.1 and shall not be included in the
calculation of the amount transferred to a Class A transferee,
Class B transferee, or Class C transferee for the purposes of
applying the exemptions in IC 6-4.1-3-10, IC 6-4.1-3-11, and
IC 6-4.1-3-12.
(2) Except as provided in subdivision (3), each other eligible
person who was physically injured as a result of an
occurrence shall be compensated (including any compensation
under this chapter for the eligible person's attorney's fees) for
the physical injury in an amount that does not exceed the least
of the following:
(A) The amount of the eligible person's medical expenses
incurred as a result of the physical injury.
(B) The amount claimed before the deadline established by
the attorney general by the eligible person for medical
expenses incurred as a result of the physical injury in
relation to the claim filed before December 31, 2011.
(C) Seven hundred thousand dollars ($700,000).
(3) Eligible persons who suffered physical injuries involving
permanent paralysis or permanent physical trauma or
requiring major and ongoing long-term care shall be
compensated for the physical injury in an amount equal to:
(A) the amount of compensation paid under subdivision
(2); plus
(B) additional compensation determined under the process
established by the attorney general under subdivision (4).
(4) The attorney general shall establish a process for
determining the equitable amount of compensation for eligible
persons under subdivision (3). The attorney general shall
before January 1, 2013, determine the amount of
compensation that each eligible person described in
subdivision (3) is entitled to receive under subdivision (3). The
attorney general may employ arbitrators, mediators,
consultants, and other experts to assist in the process
established by the attorney general for determining the
compensation for eligible persons under subdivision (3).
Sec. 6. (a) To receive a distribution under this chapter for an
occurrence, an eligible person must have already released all
governmental entities and public employees from any liability for
loss resulting from the occurrence. The release must be in a form
that is satisfactory to the attorney general.
(b) A distribution may not be paid under this chapter from the
supplemental fund to an eligible person unless the eligible person
has entered into an agreement with the state providing that the
person will not bring any action against the state based on an
indemnification clause.
Sec. 7. The amount payable after December 31, 2011, as
provided in section 5(b) of this chapter to an eligible person shall
be reduced by any amount that was paid under IC 34-13-3 from
the state tort claim fund before January 1, 2012, for the death or
physical injury.
Sec. 8. If an eligible person is represented by an attorney
regarding compensation from the supplemental fund, the
attorney's fees paid to the attorney or attorneys for the
representation of the eligible person regarding compensation from
the supplemental fund may not exceed, in aggregate, ten percent
(10%) of the total compensation paid to the eligible person from
the supplemental fund.
Sec. 9. (a) The supplemental state fair relief fund is established
for the purpose of providing supplemental relief to the victims of
the occurrence.
(b) The supplemental fund consists of grants, donations, and
appropriations made by the general assembly. The supplemental
fund shall be administered by the attorney general. The treasurer
of state shall invest the money in the supplemental fund not
currently needed to meet the obligations of the supplemental fund
in the same manner as other public money may be invested.
Interest that accrues from these investments shall be deposited in
the state general fund. The expenses of administering the
supplemental fund shall be paid from the state tort claim fund
established to pay claims and expenses under IC 34-13-3-24.
(c) The supplemental fund is considered a trust fund for
purposes of IC 4-9.1-1-7. Money may not be transferred, assigned,
or otherwise removed from the supplemental fund by the state
board of finance, the budget agency, or any other state agency
except as provided in this chapter.
(d) Money in the supplemental fund at the end of a state fiscal
year does not revert to the state general fund. Money in the
supplemental fund is continually appropriated to the attorney
general to carry out the purposes of the supplemental fund.
Sec. 10. (a) The attorney general may use the money in the
supplemental fund to pay compensation to eligible persons as
provided in this chapter.
(b) After the estate of each eligible person whose death resulted
from an occurrence has received seven hundred thousand dollars
($700,000), and each other eligible person who was physically
injured as a result of an occurrence has been compensated in the
amount determined under section 5(b)(2) of this chapter, the
remaining balance in the supplemental fund shall be used to pay
compensation for ongoing expenses to eligible persons described in
section 5(b)(3) of this chapter according to the process established
by the attorney general under section 5(b)(4) of this chapter.
Compensation paid from the supplemental fund may not be used
for the following:
(1) Expenses covered by insurance.
(2) Expenses covered by another party.
Sec. 11. The expenses incurred by the attorney general in
carrying out this chapter (including any expenses for arbitrators,
mediators, consultants, or any other experts) shall be paid from the
state tort claim fund established to pay claims and expenses under
IC 34-13-3-24.
Sec. 12. (a) An eligible person may assign to the attorney general
the eligible person's right to pursue a cause of action for the
tortious breach of an insurer's duty to deal with an insured person
in good faith.
(b) If the insurance commissioner believes that a person has
engaged in any of the acts or practices listed in IC 27-4-1-4.5 in
relation to an occurrence, the insurance commissioner may issue
and cause to be served upon the person a statement of the charges
and a notice in writing of a hearing as provided in IC 27-4-1-5. If
after a hearing under IC 4-21.5-3, the insurance commissioner
determines that the person has engaged in any of the acts or
practices listed in IC 27-4-1-4.5 in relation to an occurrence, the
insurance commissioner may at the insurance commissioner's
discretion order one (1) or more of the remedies provided in
IC 27-4-1-6. Notwithstanding IC 27-4-1, the insurance
commissioner may take an action under this subsection regarding
the commission by a person of a single act or practice listed in
IC 27-4-1-4.5 in relation to an occurrence, without having to
demonstrate that the act or practice occurs with such frequency as
to indicate a general practice by the person.
SECTION 63. IC 34-53-1-4 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4. An insurer may not claim subrogation or
reimbursement rights to the proceeds of a distribution paid from
the supplemental state fair relief fund under IC 34-13-8 to an
eligible person (as defined in IC 34-13-8-1) for an occurrence (as
defined in IC 34-13-8-2).
SECTION 64. IC 34-53-1-5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 5. (a) Notwithstanding any statutory right,
common law right, or agreement to the contrary, a person who
pays benefits or compensation to or on behalf of an eligible person
(as defined in IC 34-13-8-1) for an occurrence (as defined in
IC 34-13-8-2) does not have a subrogation or other right, including
any rights otherwise provided under this chapter, to recover those
benefits or compensation paid from the supplemental state fair
relief fund by making a claim against the state, or by making a
claim, or recovering from payments made to an eligible person (as
defined in IC 34-13-8-1) for an occurrence (as defined in
IC 34-13-8-2) under IC 34-13-8.
(b) Not later than forty (40) days after a distribution under
IC 34-13-8 is paid, a person who believes that the state cannot
constitutionally prohibit assertion of a subrogation or other claim
described in subsection (a), and who claims the subrogation or
other interest against the state, or against a distribution paid from
the supplemental state fair relief fund to an eligible person (as
defined in IC 34-13-8-1) for an occurrence (as defined in
IC 34-13-8-2) under IC 34-13-8 must provide written notice to the
attorney general and the eligible person of the person's intent to
assert that interest. Failure to provide timely written notice to the
attorney general under this section constitutes a waiver of the
claims described in this section.
SECTION 65. IC 34-55-10-2, AS AMENDED BY P.L.42-2011,
SECTION 73, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. (a) This section does not apply to
judgments obtained before October 1, 1977.
(b) The amount of each exemption under subsection (c) applies until
a rule is adopted by the department of financial institutions under
section 2.5 of this chapter.
(c) The following property of a debtor domiciled in Indiana is
exempt:
(1) Real estate or personal property constituting the personal or
family residence of the debtor or a dependent of the debtor, or
estates or rights in that real estate or personal property, of not
more than fifteen thousand dollars ($15,000). The exemption
under this subdivision is individually available to joint debtors
concerning property held by them as tenants by the entireties.
(2) Other real estate or tangible personal property of eight
thousand dollars ($8,000).
(3) Intangible personal property, including choses in action,
deposit accounts, and cash (but excluding debts owing and
income owing), of three hundred dollars ($300).
(4) Professionally prescribed health aids for the debtor or a
dependent of the debtor.
(5) Any interest that the debtor has in real estate held as a tenant
by the entireties. The exemption under this subdivision does not
apply to a debt for which the debtor and the debtor's spouse are
jointly liable.
(6) An interest, whether vested or not, that the debtor has in a
retirement plan or fund to the extent of:
(A) contributions, or portions of contributions, that were made
to the retirement plan or fund by or on behalf of the debtor or
the debtor's spouse:
(i) which were not subject to federal income taxation to the
debtor at the time of the contribution; or
(ii) which are made to an individual retirement account in
the manner prescribed by Section 408A of the Internal
Revenue Code of 1986;
(B) earnings on contributions made under clause (A) that are
not subject to federal income taxation at the time of the levy;
and
(C) roll-overs of contributions made under clause (A) that are
not subject to federal income taxation at the time of the levy.
(7) Money that is in a medical care savings account established
under IC 6-8-11.
(8) Money that is in a health savings account established under
Section 223 of the Internal Revenue Code of 1986.
(9) Any interest the debtor has in a qualified tuition program, as
defined in Section 529(b) of the Internal Revenue Code of 1986,
but only to the extent funds in the program are not attributable to:
(A) excess contributions, as described in Section 529(b)(6) of
the Internal Revenue Code of 1986, and earnings on the excess
contributions;
(B) contributions made by the debtor within one (1) year
before the date of the levy or the date a bankruptcy petition is
filed by or against the debtor, and earnings on the
contributions; or
(C) the excess over five thousand dollars ($5,000) of aggregate
contributions made by the debtor for all programs under this
subdivision and education savings accounts under subdivision
(10) having the same designated beneficiary:
(i) not later than one (1) year before; and
(ii) not earlier than two (2) years before;
the date of the levy or the date a bankruptcy petition is filed by
or against the debtor, and earnings on the aggregate
contributions.
(10) Any interest the debtor has in an education savings account,
as defined in Section 530(b) of the Internal Revenue Code of
1986, but only to the extent funds in the account are not
attributable to:
(A) excess contributions, as described in Section 4973(e) of
the Internal Revenue Code of 1986, and earnings on the excess
contributions;
(B) contributions made by the debtor within one (1) year
before the date of the levy or the date a bankruptcy petition is
filed by or against the debtor, and earnings on the
contributions; or
(C) the excess over five thousand dollars ($5,000) of aggregate
contributions made by the debtor for all accounts under this
subdivision and qualified tuition programs under subdivision
(9) having the same designated beneficiary:
(i) not later than one (1) year before; and
(ii) not earlier than two (2) years before;
the date of the levy or the date a bankruptcy petition is filed by or against the debtor, and earnings on the excess contributions.
(11) The debtor's interest in a refund or a credit received or to be received under the following:
(A) Section 32 of the Internal Revenue Code of 1986 (the federal earned income tax credit).
(B) IC 6-3.1-21-6 (the Indiana earned income tax credit).
(12) A disability benefit awarded to a veteran for a service connected disability under 38 U.S.C. 1101 et seq. This subdivision does not apply to a service connected disability benefit that is subject to child and spousal support enforcement under 42 U.S.C. 659(h)(1)(A)(ii)(V).
(13) Compensation distributed from the supplemental state fair relief fund under IC 34-13-8 to an eligible person (as defined in IC 34-13-8-1) for an occurrence (as defined in IC 34-13-8-2). This subdivision applies even if a debtor is not domiciled in Indiana.
(d) A bankruptcy proceeding that results in the ownership by the bankruptcy estate of a debtor's interest in property held in a tenancy by the entireties does not result in a severance of the tenancy by the entireties.
(e) Real estate or personal property upon which a debtor has voluntarily granted a lien is not, to the extent of the balance due on the debt secured by the lien:
(1) subject to this chapter; or
(2) exempt from levy or sale on execution or any other final process from a court.
SECTION 66. [EFFECTIVE UPON PASSAGE] (a) The definitions in P.L.229-2011, SECTION 1 apply throughout this SECTION.
(b) The following definitions apply throughout this SECTION:
(1) "2012-2013 school year" means the school year (as defined in IC 20-18-2-17) beginning July 1, 2012, and ending June 30, 2013.
(2) "Charter school" has the meaning set forth in IC 20-24-1-4.
(3) "Current ADM" has the meaning set forth in IC 20-43-1-10.
(4) "Eligible pupil" has the meaning set forth in IC 20-43-1-11.
(5) "School corporation" has the meaning set forth in IC 20-18-2-16.
(c) Augmentation is allowed for the appropriation in P.L.229-2011, SECTION 9 to the department of education for full-day kindergarten, beginning July 1, 2012, and ending June 30, 2013.
(d) Notwithstanding P.L.229-2011, SECTION 9, each school corporation and charter school that applies to the department of education for a grant for full-day kindergarten is entitled to receive a distribution in the 2012-2013 school year from the amount appropriated in P.L.229-2011, SECTION 9 for full-day kindergarten for the state fiscal year beginning July 1, 2012, and ending June 30, 2013, as augmented under this SECTION. The total amount to be distributed to a school corporation or charter school for the 2012-2013 school year equals the result of:
(1) two thousand four hundred dollars ($2,400); multiplied by
(2) the number of eligible pupils who are:
(A) counted in the current ADM of the school corporation in the initial count of ADM in the 2012-2013 school year; and
(B) enrolled in and attending full-day kindergarten on the count date on which the current ADM is determined.
(e) A school corporation or charter school that applies for a grant for full-day kindergarten may not charge a fee for enrolling in or attending full-day kindergarten in the school year beginning July 1, 2012, and ending June 30, 2013.
(f) This SECTION expires July 1, 2013.
SECTION 67. [EFFECTIVE UPON PASSAGE] (a) There is appropriated to the supplemental state fair relief fund (IC 34-13-8-9) six million dollars ($6,000,000) from the state general fund for its use in carrying out the purposes of the fund.
(b) Notwithstanding any other law, not later than April 1, 2012, the budget agency shall transfer six million dollars ($6,000,000) from the state general fund to the supplemental state fair relief fund.
(c) This SECTION expires June 30, 2013.
SECTION 68. [EFFECTIVE UPON PASSAGE] (a) As used in this SECTION, "commission" refers to the select commission on education established under subsection (b).
(b) The select commission on education is established with the following members:
(1) The members of the senate education and career development committee.
(2) The members of the house education committee.
The chairpersons of the senate education and career development committee and the house education committee shall serve as co-chairpersons of the committee.
(c) The committee shall study and evaluate the following issues:
(1) The process of adoption and content of rules adopted by the Indiana state board of education concerning categories or designations of school improvement under IC 20-31-8, including the matrices used for the A-F designations.
(2) Proposed rules, adopted rules, and policies of the department of education and the Indiana state board of education to implement the provisions of P.L.90-2011, concerning teacher evaluations and licensing.
(3) Any other issue that the legislative council or commission considers necessary.
(d) Beginning on or after April 1, 2012, the committee shall meet at least five (5) times before November 30, 2012. The committee shall operate under the legislative council's rules and guidelines for interim study committees.
(e) The committee shall submit the committee's report not later than December 1, 2012.
(f) This SECTION expires December 31, 2012.
SECTION 69. An emergency is declared for this act.
HEA 1376
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