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Indiana General Assembly > Session > 1997 Special Session 1 > Enroll Bill 5 - Technical corrections Enroll Bill 5 - Technical corrections

First Special Session 110th General Assembly (1997)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 1996 General Assembly.

SENATE ENROLLED ACT No. 5 (ss)




    AN ACT to amend the Indiana Code concerning technical corrections.

Be it enacted by the General Assembly of the State of Indiana:


SOURCE: IC 3-8-6-12; (97)SE0005.1.1. -->

    SECTION 1. IC 3-8-6-12, AS AMENDED BY P.L.3-1995, SECTION 60, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1997]: Sec. 12. (a) A petition of nomination for an office filed under section 10 of this chapter must be filed with and certified by the person with whom a declaration of candidacy must be filed under IC 3-8-2.
    (b) The petition of nomination must be accompanied by the following:
        (1) Each candidate's written consent to become a candidate.
        (2) A statement that the candidate:
            (A) is aware of the provisions of IC 3-9 regarding campaign finance and the reporting of campaign contributions and expenditures; and
            (B) agrees to comply with the provisions of IC 3-9.
        The candidate must separately sign the statement required by this subdivision.
        (3) If the candidate is subject to IC 3-9-1-5, a statement by the candidate that the candidate has filed a campaign finance statement of organization under IC 3-9-1-5 or is aware that the candidate may be required to file a campaign finance statement of organization not later than noon seven (7) days after the final date for filing a petition for nomination under section 10 of this chapter.
        (4) A statement that if the individual is a candidate for a school board office, the candidate is aware of the requirement to file a campaign finance statement of organization under IC 3-9 after the first of either of the following occurs:
            (A) The candidate receives more than five hundred dollars ($500) in contributions as a school board candidate.
            (B) The candidate makes more than five hundred dollars ($500) in expenditures as a school board candidate.
        (5) A statement indicating whether or not each candidate:
            (A) has been a candidate for state or local office in a previous primary or general election; and
            (B) has filed all reports required by IC 3-9-5-10 for all previous candidacies.
        (6) A statement that each candidate is legally qualified to hold the office that the candidate seeks, including any applicable residency requirements and restrictions on service due to a criminal conviction.
        (7) If the petition is filed with the secretary of state for an office not elected by the electorate of the whole state, a statement signed by the circuit court clerk of each county in the election district of the office sought by the individual.
    (c) The statement required under subsection (b)(3) (b)(7) must:
        (1) be certified by each circuit court clerk; and
        (2) indicate the number of votes cast for secretary of state:
            (A) at the last election for secretary of state; and
            (B) in the part of the county included in the election district of the office sought by the individual filing the petition.
    (d) The secretary of state shall, by noon August 20, certify each petition of nomination filed in the secretary of state's office to the appropriate county.
    (e) The commission shall provide that the form of a petition of nomination includes the following information near the separate signature required by subsection (b)(2):
        (1) The dates for filing campaign finance reports under IC 3-9.
        (2) The penalties for late filing of campaign finance reports under IC 3-9.
SOURCE: IC 3-9-5-14; (97)SE0005.1.2. -->

    SECTION 2. IC 3-9-5-14, AS AMENDED BY P.L.3-1995, SECTION 79, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1997]: Sec. 14. (a) As used in this section, "threshold contribution amount" refers to the following:
        (1) For contributions made to a candidate's committee, a legislative caucus committee, or a political action committee,
one hundred dollars ($100).
        (2) For contributions made to a regular party committee, two hundred dollars ($200).
    (b) The report of each committee's treasurer must disclose the following:
        (1) The amount of cash on hand and the value of any investments made by the committee at the beginning of the reporting period.
        (2) The total sum of individual contributions including transfers-in, accepted by the committee during its reporting period.
        (3) The following information regarding each person who has made one (1) or more contributions within the year, in an aggregate amount that exceeds the threshold contribution amount in actual value to or for the committee, including the purchase of tickets for events such as dinners, luncheons, rallies, and similar fundraising events:
            (A) The full name of the person.
            (B) The full mailing address of the person making the contribution.
            (C) The person's occupation, if the person is an individual who has made contributions of at least one thousand dollars ($1,000) during the calendar year.
            (D) The date and amount of each contribution.
        (4) The name and address of each committee from which the reporting committee received, or to which that committee made, a transfer of funds, together with the amounts and dates of all transfers.
        (5) If the reporting committee is a candidate's committee, the following information about each other committee that has reported expenditures to the reporting candidate's committee under section 15 of this chapter:
            (A) The name and address of the other committee.
            (B) The amount of expenditures reported by the other committee.
            (C) The date of the expenditures reported by the other committee.             (D) The purpose of the expenditures reported by the other committee.
        (6) Each loan to or from a person within the reporting period together with the following information:
            (A) The full names and mailing addresses of the lender and endorsers, if any.
            (B) The person's occupation, if the person is an individual who has made loans of at least one thousand dollars ($1,000) during the calendar year.
            (D) (C) The date and amount of the loans.
        (7) The total sum of all receipts of the committee during the reporting period.
        (8) The full name, mailing address, occupation, and principal place of business, if any, of each person other than a committee to whom an expenditure was made by the committee or on behalf of the committee within the year in an aggregate amount that:
            (A) exceeds one hundred dollars ($100), in the case of a candidate's committee or political action committee; or
            (B) exceeds two hundred dollars ($200), in the case of a regular party committee.
        (9) The name, address, and office sought by each candidate for whom any expenditure was made or a statement identifying the public question for which any expenditure was made, including the amount, date, and purpose of each expenditure.
        (10) The full name, mailing address, occupation, and principal place of business, if any, of each person to whom an expenditure for personal services, salaries, or reimbursed expenses was made within the year in an aggregate amount that:
            (A) exceeds one hundred dollars ($100), in the case of a candidate's committee or political action committee; or
            (B) exceeds two hundred dollars ($200), in the case of a regular party committee;
        and that is not otherwise reported, including the amount, date, and purpose of the expenditure.
        (11) The total sum of expenditures made by the committee during the reporting period.
        (12) The amount and nature of debts owed by or to the committee, and a continuous reporting of the debts after the election at the times that the board requires until the debts are extinguished. SOURCE: IC 5-11-10-1.6; (97)SE0005.1.3. -->

    SECTION 3. IC 5-11-10-1.6 , AS AMENDED BY HEA 1158-1997 AND HEA 1339-1997, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1998]: Sec. 1.6. (a) As used in this section, "governmental entity" refers to any of the following:
        (1) A municipality (as defined in IC 36-1-2-11).
        (2) A school corporation (as defined in IC 36-1-2-17).
        (3) A county.
        (4) A regional water or sewer district organized under IC 13-26 or under IC 13-3-2 (before its repeal).
        (5) A municipally owned utility that is subject to IC 8-1.5-3 or IC 8-1.5-4.
        (6) A board of an airport authority under IC 8-22-3.
        (7) A board of aviation commissioners under IC 8-22-2.
        (8) A conservancy district.
        (9) A public transportation corporation under IC 36-9-4.
        (10) A commuter transportation district under IC 8-5-15.
        (11) The state.
        (12) A solid waste management district established under IC 13-21 or IC 13-9.5 (before its repeal). governmental entity" means:
        (1) a municipality (as defined in IC 36-1-2-11 );
        (2) a school corporation (as defined in IC 36-1-2-17 );
        (3) a county;
        (4) a regional water or sewer district organized under IC 13-26 or under IC 13-3-2 (before its repeal);
        (5) a municipally owned utility that is subject to IC 8-1.5-3 or IC 8-1.5-4 ;
        (6) a board of an airport authority under IC 8-22-3 ;
        (7) a board of aviation commissioners under IC 8-22-2 ;
        (8) a conservancy district;
        (9) a public transportation corporation under IC 36-9-4 ; or
        (10) a commuter transportation district under IC 8-5-15; or
        (11) a solid waste management district established under IC 13-21 or IC 13-9.5 (before its repeal).
    (b) As used in this section, "claim" means a bill or an invoice submitted to a governmental entity for goods or services.
    (c) The fiscal officer of a governmental entity may not draw a warrant or check for payment of a claim unless:
        (1) there is a fully itemized invoice or bill for the claim;
        (2) the invoice or bill is approved by the officer or person receiving the goods and services;
        (3) the invoice or bill is filed with the governmental entity's fiscal officer;
        (4) the fiscal officer audits and certifies before payment that the invoice or bill is true and correct; and
        (5) payment of the claim is allowed by the governmental entity's legislative body or the board or official having jurisdiction over allowance of payment of the claim.
This subsection does not prohibit a school corporation, with prior approval of the board having jurisdiction over allowance of payment of the claim, from making payment in advance of receipt of services as allowed by guidelines developed under IC 20-10.1-25-3.
    (d) The fiscal officer of a governmental entity shall issue checks or warrants for claims by the governmental entity that meet all of the requirements of this section. The fiscal officer does not incur personal liability for disbursements:
        (1) processed in accordance with this section; and
        (2) for which funds are appropriated and available.
    (e) The certification provided for in subsection (c)(4) must be on a form prescribed by the state board of accounts.
SOURCE: IC 6-1.1-21-2; (97)SE0005.1.4. -->

    SECTION 4. IC 6-1.1-21-2 , AS AMENDED BY P.L.25-1995, SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. As used in this chapter:
    (a) "Taxpayer" means a person who is liable for taxes on property assessed under this article.
    (b) "Taxes" means taxes payable in respect to property assessed under this article. The term does not include special assessments, penalties, or interest, but does include any special charges which a county treasurer combines with all other taxes in the preparation and delivery of the tax statements required under IC 6-1.1-22-8 (a).
    (c) "Department" means the department of state revenue.
    (d) "Auditor's abstract" means the annual report prepared by each county auditor which under IC 6-1.1-22-5 , is to be filed on or before March 1 of each year with the auditor of state.
    (e) "Mobile home assessments" means the assessments of mobile homes made under IC 6-1.1-7.
    (f) "Postabstract adjustments" means adjustments in taxes made subsequent to the filing of an auditor's abstract which change assessments therein or add assessments of omitted property affecting taxes for such assessment year.
    (g) "Total county tax levy" means the sum of:
        (1) the remainder of:
            (A) the aggregate levy of all taxes for all taxing units in a county which are to be paid in the county for a stated assessment year as reflected by the auditor's abstract for the assessment year, adjusted, however, for any postabstract adjustments which change the amount of the aggregate levy; minus
            (B) the sum of any increases in property tax levies of taxing units of the county that result from appeals described in:
                (i) IC 6-1.1-18.5-13 (5) and IC 6-1.1-18.5-13 (6) filed after December 31, 1982; plus
                (ii) the sum of any increases in property tax levies of taxing units of the county that result from any other appeals described in IC 6-1.1-18.5-13 filed after December 31, 1983; plus
                (iii) IC 6-1.1-18.6-3 (children in need of services and delinquent children who are wards of the county); minus
            (C) the total amount of property taxes imposed for the stated assessment year by the taxing units of the county under the authority of IC 12-1-11.5 (repealed), IC 12-2-4.5 (repealed), IC 12-19-5, (repealed) or IC 12-20-24 ; minus
            (D) the total amount of property taxes to be paid during the stated assessment year that will be used to pay for interest or principal due on debt that:
                (i) is entered into after December 31, 1983;
                (ii) is not debt that is issued under IC 5-1-5 to refund debt incurred before January 1, 1984; and
                (iii) does not constitute debt entered into for the purpose of building, repairing, or altering school buildings for which the requirements of IC 20-5-52 were satisfied prior to January 1, 1984; minus
            (E) the amount of property taxes imposed in the county for the stated assessment year under the authority of IC 21-2-6 or any citation listed in IC 6-1.1-18.5-9.8 for a cumulative building fund whose property tax rate was initially established or reestablished for a stated assessment year that succeeds the 1983 stated assessment year; minus
            (F) the remainder of:
                (i) the total property taxes imposed in the county for the stated assessment year under authority of IC 21-2-6 or any citation listed in IC 6-1.1-18.5-9.8 for a cumulative building fund whose property tax rate was not initially established or reestablished for a stated assessment year that succeeds the 1983 stated assessment year; minus
                (ii) the total property taxes imposed in the county for the 1984 stated assessment year under the authority of IC 21-2-6 or any citation listed in IC 6-1.1-18.5-9.8 for a cumulative building fund whose property tax rate was not initially established or reestablished for a stated assessment year that succeeds the 1983 stated assessment year; minus
            (G) the amount of property taxes imposed in the county for the stated assessment year under:
                (i) IC 21-2-15 for a capital projects fund; plus
                (ii) IC 6-1.1-19-10 for a racial balance fund; plus
                (iii) IC 20-14-13 for a library capital projects fund; plus
                (iv) IC 20-5-17.5-3 for an art association fund; plus
                (v) IC 21-2-17 for a special education preschool fund; plus
                (vi) an appeal filed under IC 6-1.1-19-5.1 for an increase in a school corporation's maximum permissible general fund levy for certain transfer tuition costs; plus
                (vii) an appeal filed under IC 6-1.1-19-5.4 for an increase in a school corporation's maximum permissible general fund levy for transportation operating costs; minus
            (H) the amount of property taxes imposed by a school corporation that is attributable to the passage, after 1983, of a referendum for an excessive tax levy under IC 6-1.1-19 , including any increases in these property taxes that are attributable to the adjustment set forth in IC 6-1.1-19-1.5 (a) STEP ONE or any other law; minus
            (I) for each township in the county, the lesser of:
                (i) the sum of the amount determined in IC 6-1.1-18.5-19 (a) STEP THREE or IC 6-1.1-18.5-19 (b) STEP THREE, whichever is applicable, plus the part, if any, of the township's ad valorem property tax levy for calendar year 1989 that represents increases in that levy that resulted from an appeal described in IC 6-1.1-18.5-13 (5) filed after December 31, 1982; or
                (ii) the amount of property taxes imposed in the township for the stated assessment year under the authority of IC 36-8-13-4 ; minus
            (J) for each participating unit in a fire protection territory established under IC 36-8-19-1 , the amount of property taxes levied by each participating unit under IC 36-8-19-8 and IC 36-8-19-8.5 less the maximum levy limit for each of the participating units that would have otherwise been available for fire protection services under IC 6-1.1-18.5-3 and IC 6-1.1-18.5-19 for that same year; minus
            (K) for each county, the sum of:
                (i) the amount of property taxes imposed in the county for the repayment of loans under IC 12-19-5-6 that is included in the amount determined under IC 12-19-7-4 (a) STEP SEVEN for property taxes payable in 1995, or for property taxes payable in each year after 1995, the amount determined under IC 12-19-7-4 (b); and
                (ii) the amount of property taxes imposed in the county attributable to appeals granted under IC 6-1.1-18.6-3 that is included in the amount determined under IC 12-19-7-4 (a) STEP SEVEN for property taxes payable in 1995, or the amount determined under IC 12-19-7-4 (b) for property taxes payable in each year after 1995; plus
        (2) all taxes to be paid in the county in respect to mobile home assessments currently assessed for the year in which the taxes stated in the abstract are to be paid; plus
        (3) the amounts, if any, of county adjusted gross income taxes that were applied by the taxing units in the county as property tax replacement credits to reduce the individual levies of the taxing units for the assessment year, as provided in IC 6-3.5-1.1 ; plus
        (4) the amounts, if any, by which the maximum permissible ad valorem property tax levies of the taxing units of the county were reduced under IC 6-1.1-18.5-3 (b) STEP EIGHT for the stated assessment year; plus
        (5) the difference between:
            (A) the amount determined in IC 6-1.1-18.5-3 (e) STEP FOUR; minus             (B) the amount the civil taxing units' levies were increased because of the reduction in the civil taxing units' base year certified shares under IC 6-1.1-18.5-3 (e).
    (h) "December settlement sheet" means the certificate of settlement filed by the county auditor with the auditor of state, as required under IC 6-1.1-27-3.
    (i) "Tax duplicate" means the roll of property taxes which each county auditor is required to prepare on or before March 1 of each year under IC 6-1.1-22-3.
SOURCE: IC 6-1.1-42-20; (97)SE0005.1.5. -->

    SECTION 5. IC 6-1.1-42-20, AS ADDED BY SEA 360-1997, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1997]: Sec. 20. A designating body that adopts a resolution under section 20 section 19 of this chapter shall do the following:
        (1) Publish notice of the adoption and substance of the resolution in accordance with IC 5-3-1.
        (2) File the following information with each taxing unit that has authority to levy property taxes in the geographic area where the zone is located:
            (A) A copy of the notice required by subdivision (1).
            (B) A statement containing substantially the same information as a statement of benefits filed with the designating body under section 18 of this chapter.
The notice must state that a description of the affected area is available and can be inspected in the county assessor's office. The notice must also name a date when the designating body will receive and hear all remonstrances and objections from interested persons. The designating body shall file the information required by subdivision (2) with the officers of the taxing unit who are authorized to fix budgets, tax rates, and tax levies under IC 6-1.1-17-5 at least ten (10) days before the date of the public hearing.
SOURCE: IC 6-1.1-42-30; (97)SE0005.1.6. -->

    SECTION 6. IC 6-1.1-42-30, AS ADDED BY SEA 360-1997, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1997]: Sec. 30. (a) Within forty-five (45) days after receipt of the information described in section 29 of this chapter, the designating body may determine whether the property owner has substantially complied with the statement of benefits filed under sections 6 and 18 of this chapter.
     (b) If the designating body determines that the property owner has not substantially complied with the statement of benefits and that the failure to substantially comply was not caused by factors beyond the control of the property owner (such as declines in demand for the property owner's products or services), the designating body shall mail a written notice to the property owner. The written notice must include the following provisions:
        (1) An explanation of the reasons for the designating body's determination.
        (2) The date, time, and place of a hearing to be conducted by the designating body for the purpose of further considering the property owner's compliance with the statement of benefits. The date of the hearing may not be more than thirty (30) days after the date on which the notice is mailed.
If a notice mailed to a property owner concerns a statement of benefits approved under section 4.5 of this chapter, the designating body shall also mail a copy of the notice to the state board of tax commissioners.
    (c) On the date specified in the notice described in subsection (b)(2), the designating body shall conduct a hearing for the purpose of further considering the property owner's compliance with the statement of benefits. Based on the information presented at the hearing by the property owner and other interested parties, the designating body shall again determine whether the property owner has made reasonable efforts to substantially comply with the statement of benefits and whether any failure to substantially comply was caused by factors beyond the control of the property owner. If the designating body determines that the property owner has not made reasonable efforts to comply with the statement of benefits, the designating body shall adopt a resolution terminating the property owner's deduction under section 24 of this chapter. If the designating body adopts such a resolution, the deduction does not apply to the next installment of property taxes owed by the property owner or to any subsequent installment of property taxes.
    (d) If the designating body adopts a resolution terminating a deduction under subsection (c), the designating body shall immediately mail a certified copy of the resolution to:
        (1) the property owner;
        (2) the county auditor; and
        (3) the state board of tax commissioners if the deduction was granted under section 4.5 of this chapter.
The county auditor shall remove the deduction from the tax duplicate and shall notify the county treasurer of the termination of the deduction. If the designating body's resolution is adopted after the county treasurer has mailed the statement required by IC 6-1.1-22-8 , the county treasurer shall immediately mail the property owner a revised statement that reflects the termination of the deduction.
    (e) A property owner whose deduction is terminated by the designating body under this section may appeal the designating body's decision by filing a complaint in the office of the clerk of the circuit or superior court together with a bond conditioned to pay the costs of the appeal if the appeal is determined against the property owner. An appeal under this subsection shall be promptly heard by the court without a jury and determined within thirty (30) days after the time of the filing of the appeal. The court shall hear evidence on the appeal and may confirm the action of the designating body or sustain the appeal. The judgment of the court is final and conclusive unless an appeal is taken as in other civil actions.
    (f) If an appeal under subsection (e) is pending, the taxes resulting from the termination of the deduction are not due until after the appeal is finally adjudicated and the termination of the deduction is finally determined.
SOURCE: IC 6-9-16-6; (97)SE0005.1.7. -->

    SECTION 7. IC 6-9-16-6, AS AMENDED BY SEA 200-1997 AND BY SEA 234-1997 IS CORRECTED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1997]: Sec. 6. (a) The county council may levy a tax on every person engaged in the business of renting or furnishing, for periods of less than thirty (30) days, any room or rooms, lodgings or accommodations in any commercial hotel, motel, inn, tourist camp, or tourist cabin, except state camping facilities, located in the county. The tax shall be imposed at any rate up to and including:
        (1) five percent (5%) before July 1, 2007; and
        (2)
four percent (4%) after June 30, 2007;
on the gross retail income derived from lodging income only and shall be in addition to the state gross retail tax imposed on those persons by IC 6-2.5.
    (b) The county fiscal body may adopt an ordinance to require that the tax be reported on forms approved by the county treasurer and that the tax shall be paid monthly to the county treasurer. If such an ordinance is adopted, the tax shall be paid to the county treasurer not more than twenty (20) days after the end of the month the tax is collected. If such an ordinance is not adopted, the tax shall be imposed, paid, and collected in exactly the same manner as the state gross retail tax is imposed, paid, and collected pursuant to IC 6-2.5.
    (c) All of the provisions of IC 6-2.5 relating to rights, duties, liabilities, procedures, penalties, definitions, exemptions, and administration apply to the imposition and administration of the tax imposed under this section, except to the extent those provisions are in conflict or inconsistent with the specific provisions of this chapter or the requirements of the county treasurer. Specifically and not in limitation of the foregoing sentence, the terms "person" and "gross retail income" have the same meaning in this section as they have in IC 6-2.5, except that "person" shall not include state supported educational institutions. If the tax is paid to the department of state revenue, the return to be filed for the payment of the tax under this section may be either a separate return or may be combined with the return filed for the payment of the state gross retail tax as the department of state revenue may, by rule or regulation, determine.
    (d) If the tax is paid to the department of state revenue, the amounts received from the tax shall be paid quarterly by the treasurer of state to the county treasurer upon warrants issued by the auditor of state.
    (e) The tax imposed under subsection (a) does not apply to the renting or furnishing of rooms, lodgings, or accommodations to a person for a period of thirty (30) days or more.
SOURCE: IC 11-12-2-12; (97)SE0005.1.8. -->

    SECTION 8. IC 11-12-2-12, AS AMENDED BY SEA 8-1997, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1997]: Sec. 12. (a) A community corrections fund is established in each community having a community corrections program. The fund shall be administered by the community corrections advisory board in accordance with rules adopted by the department under subsection (c). The expenses of administering the fund shall be paid from money in the fund. Money in the fund at the end of a fiscal year does not revert to any other fund. The fund consists of fees deposited under subsection (b). Money in the fund may be used only for the provision of community corrections program services, including services allowed under IC 11-12-2-5(b)(3).
    (b) In addition to user fees collected under IC 31-40, IC 35-38-2-1, or any other user fee collected from a participant in a community corrections program by an agency or program, a community corrections program may collect from a participant a user fee assessed in accordance with rules adopted under subsection (c). Community corrections user fees collected under this section shall be deposited into the community corrections fund established by this section.
    (c) The department shall adopt rules under IC 4-22-2 governing the following:
        (1) The maximum amount that a community corrections program or a court may assess as a user fee under subsection (b) or IC 35-38-2.5-6.         (2) Administration by community corrections advisory boards of community corrections funds and the community corrections home detention fund, including criteria for expenditures from the funds.
SOURCE: IC 12-17-2-18; (97)SE0005.1.9. -->

    SECTION 9. IC 12-17-2-18, AS AMENDED BY HEA 1158-1997, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1998]: Sec. 18. (a) The bureau shall make the agreements necessary for the effective administration of the plan with local governmental officials within Indiana. The bureau shall contract with:
        (1) a prosecuting attorney; or
        (2) a private attorney if the bureau determines that a reasonable contract cannot be entered into with a prosecuting attorney and the determination is approved by at least two-thirds (2/3) of the Indiana child custody and support advisory committee (established under IC 33-2.1-10-1);
in each judicial circuit to undertake activities required to be performed under Title IV-D of the federal Social Security Act (42 U.S.C. 651), including determination of paternity, determination and enforcement of child support, activities under the Uniform Reciprocal Enforcement of Support Act (IC 31-2-1, before its repeal) or the Uniform Interstate Family Support Act (IC 31-18, or IC 31.5 IC 31-1.5 before its repeal), and if the contract is with a prosecuting attorney, prosecutions of welfare fraud.
    (b) The hiring of an attorney by an agreement or a contract made under this section is not subject to the approval of the attorney general under IC 4-6-5-3. An agreement or a contract made under this section is not subject to IC 4-13-2-14.3 or IC 5-22.
SOURCE: IC 12-10-9-8; (97)SE0005.1.10. -->

    SECTION 10. IC 12-10-9-8 , AS AMENDED BY HEA 1597-1997, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 1998]: Sec. 8. (a) As used in this section, "asset disregard" means one (1) of the following:
        (1) A one dollar ($1) increase in the amount of assets an individual who:
            (A) purchases a qualified long term care policy; and
            (B) meets the requirements under section 7 of this chapter;
        may retain under IC 12-15-3 for each one dollar ($1) of benefit paid out under the individual's long term care policy for long term care services.
        (2) The total assets an individual owns and may retain under IC 12-15-3 and still qualify for benefits under IC 12-15 at the time the individual applies for benefits if the individual:
            (A) is the beneficiary of a qualified long term care policy that:
                 (i) provides maximum benefits at time of purchase of at least one hundred forty thousand dollars ($140,000); and
                (ii) includes a provision under which the daily benefit increases by at least five percent (5%) per year, compounded at least annually;
            (B) meets the requirements under section 7 of this chapter; and
            (C) has exhausted the benefits of the qualified long term care policy.
    (b) As used in this section, "qualified long term care policy" means a policy that meets the requirements established by the department of insurance under IC 27-8-12-7.1.
    (c) When the office determines whether an individual is eligible for Medicaid under IC 12-15-3 , the office shall make an asset disregard adjustment for any individual who purchases a qualified long term care policy. The asset disregard must be available after benefits of the long term care policy have been applied to the cost of long term care as required under this chapter.
    (d) The qualified long term care policy an individual must purchase to be eligible for the asset disregard under subsection (a)(2) must have maximum benefits at time of purchase equal to at least one hundred forty thousand dollars ($140,000) plus five percent (5%) interest compounded annually beginning January 1, 1999.
SOURCE: IC 12-24-1-7; (97)SE0005.1.11. -->

    SECTION 11. IC 12-24-1-7 , AS ADDED BY P.L.40-1994, SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1997]: Sec. 7. (a) During the closing of Central State Hospital, and after the institution is closed, the division of mental health shall secure, maintain, and fund appropriate long term inpatient beds for individuals who have been determined by a community mental health center to:
        (1) have a chronic and persistent mental disorder or chronic addictive disorder; and
        (2) be in need of care that meets the following criteria:
            (A) Twenty-four (24) hour supervision of a patient is available.
            (B) A patient receives:
                (i) active treatment as appropriate for a chronic and persistent mental disorder or chronic addictive disorder;
                (ii) case management services from a state approved provider; and
                (iii) maintenance of care under the direction of a physician.
            (C) Crisis care.
    (b) An individual placed in a long term inpatient bed under this section shall receive at least the care described in subsection (a)(2)(A) through (a)(2)(C).
    (c) The number of long term inpatient beds that must be secured, maintained, and funded under subsection (a) must satisfy both of the following:
        (1) The number of long term inpatient beds in the county where the hospital was located may not be less than twenty-one (21) adults per one hundred thousand (100,000) adults in the county where the hospital was located.
        (2) The total number of long term inpatient beds may not be less than twenty-one (21) adults per one hundred thousand (100,000) adults in the catchment area served by Central State Hospital. The division may reduce the total number of long term inpatient beds required by this subdivision whenever the division determines that caseloads justify a reduction. However:
            (A) the total number of long term inpatient beds may not be reduced below the number required by subdivision (1); and
            (B) the number of long term inpatient beds in the county where the hospital was located may not be reduced below the number required by subdivision (1).
    (d) The division is not required to secure, maintain, and fund long term inpatient beds under this section that exceed the number of individuals who have been determined by a community mental health center to be in need of inpatient care under subsection (a). However, subject to the limitations of subsection (c), the division shall at all times retain the ability to secure, maintain, and fund long term inpatient beds for individuals who satisfy the criteria in subsection (a) as determined by the community mental health centers.
    (e) An individual may not be placed in a long term inpatient bed under this section at Larue D. Carter Memorial Hospital if the placement adversely affects the research and teaching mission of the hospital.     (f) Notwithstanding any other law, the director of the division of mental health may not terminate normal patient care or other operations at Central State Hospital unless the division has developed a plan to comply with this section. Before closing Central State Hospital, the director shall submit a report to the legislative council containing the following information:
        (1) The plans the division has made and implemented to comply with this section.
        (2) The disposition of patients made and to be made from July 1, 1993, to the estimated date of closing of Central State Hospital.
        (3) Other information the director considers relevant.
    (g) Notwithstanding subsection (c), the division complies with this section if the division does the following:
        (1) Before July 1, 1994, the division secures, maintains, and funds forty (40) new long term inpatient beds and fifteen (15) subacute stabilization beds in the catchment area served by Central State Hospital.
        (2) Before July 1, 1995, and except as provided in subsection (d), the division secures, maintains, and funds twenty (20) additional long term inpatient beds in the catchment area served by Central State Hospital.
        (3) Before July 1, 1996, and except as provided in subsection (d), the division secures, maintains, and funds twenty (20) additional long term inpatient beds in the catchment area served by Central State Hospital.
This subsection expires July 1, 1997.
SOURCE: IC 13-11-2-83; (97)SE0005.1.12. -->

    SECTION 12. IC 13-11-2-83 , AS AMENDED BY SEA 340-1997 AND AS AMENDED BY SEA 360-1997, IS CORRECTED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1997]: Sec. 83. (a) "Financial assistance agreement", for purposes of IC 13-18-13 and IC 13-18-21 , refers to an agreement among:
        (1) the department;
        (2) (1) the budget agency; and
        (3) (2) a political subdivision;
establishing the terms and conditions of a loan or other financial assistance, including forgiveness of principal if allowed under federal law, by the state to the political subdivision.
    (b) "Financial assistance agreement", for purposes of IC 13-19-5 , means an agreement between the authority and a political subdivision that:
        (1) is approved by the budget agency; and         (2) establishes the terms and conditions of a loan or other financial assistance by the state to the political subdivision.

     SECTION 13. IC 13-11-2-87 , AS AMENDED BY HEA 1181-1997, AND AS AMENDED BY SEA 340-1997, AND AS AMENDED BY SEA 360-1997, IS CORRECTED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1997]: Sec. 87. (a) "Fund", for purposes of IC 13-14-12 , refers to the environmental management special fund.
    (b) "Fund", for purposes of IC 13-15-10 , refers to the waste facility operator trust fund.
    (c) "Fund", for purposes of IC 13-15-11 , refers to the environmental management permit operation fund.
    (d) "Fund", for purposes of IC 13-17-6 , refers to the asbestos trust fund.
    (e) "Fund", for purposes of IC 13-17-8 , refers to the Title V operating permit program trust fund.
    (f) "Fund", for purposes of IC 13-17-14 , refers to the lead trust fund.
    (f) (g)
"Fund", for purposes of IC 13-18-8-5 , refers to a sanitary fund.
    (g) (h) "Fund", for purposes of IC 13-18-13 , refers to the wastewater revolving loan fund established by IC 13-18-13-2. The term does not include the supplemental fund established by IC 13-18-13-22.
    (h) (i) "Fund" for purposes of IC 13-18-21 , refers to the drinking water revolving loan fund established by IC 13-18-21-2. The term does not include the supplemental fund established by IC 13-18-21-22.
    (h)
(j) "Fund", for purposes of IC 13-19-5 , refers to the environmental remediation revolving loan fund established by IC 13-19-5-2.
    (i) (k) "Fund", for purposes of IC 13-20-4 , refers to the municipal waste transportation fund.
    (j) (l) "Fund", for purposes of IC 13-20-13 , refers to the waste tire management fund.
    (k) (m) "Fund", for purposes of IC 13-20-22 , refers to the state solid waste management fund.
    (l) (n) "Fund", for purposes of IC 13-21-7 , refers to the waste management district bond fund.
    (m) (o) "Fund", for purposes of IC 13-21-13-2 , refers to a district solid waste management fund.
    (n) (p) "Fund", for purposes of IC 13-23-6 , refers to the underground petroleum storage tank trust fund.
    (o) (q) "Fund", for purposes of IC 13-23-7 , refers to the underground petroleum storage tank excess liability fund.
    (p) (r) "Fund", for purposes of IC 13-23-10 , refers to the underground storage tank guaranty fund.
    (q) (s) "Fund", for purposes of IC 13-25-4 , refers to the hazardous substances response trust fund.
    (r) (t) "Fund", for purposes of IC 13-25-5 , refers to the voluntary remediation fund.
    (s) (u) "Fund", for purposes of IC 13-28-2 , refers to the voluntary compliance fund.
SOURCE: IC 13-11-2-164; (97)SE0005.1.14. -->

    SECTION 14. IC 13-11-2-164 , AS AMENDED BY SEA 340-1997 AND AS AMENDED BY SEA 360-1997, IS CORRECTED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1997]: Sec. 164. (a) "Political subdivision", for purposes of IC 13-18-13, means:
        (1) a political subdivision (as defined in IC 36-1-2 );
        (2) a regional water, sewage, or solid waste district organized under:
            (A) IC 13-26; or
            (B) IC 13-3-2 (before its repeal July 1, 1996); or
        (3) a local public improvement bond bank organized under IC 5-1.4.
    (b) "Political subdivision", for purposes of IC 13-18-21 , means:
        (1) a political subdivision (as defined in IC 36-1-2 );
        (2) a regional water, sewage, or solid waste district organized under:
            (A) IC 13-26; or
            (B) IC 13-3-2 (before its repeal July 1, 1996);
        (3) a local public improvement bond bank organized under IC 5-1.4;
        (4) a qualified entity described in IC 5-1.5-1-8 (4) that is a public water utility described in IC 8-1-2-125; or
        (5) a conservancy district established for the purpose set forth in IC 14-33-1-1(a)(4).

    (b) (c) "Political subdivision", for purposes of IC 13-19-5 , has the meaning set forth in IC 36-1-2-13 and includes a redevelopment district under IC 36-7-14 or IC 36-7-15.1.
SOURCE: IC 13-11-2-172; (97)SE0005.1.15. -->

    SECTION 15. IC 13-11-2-172 , AS AMENDED BY SEA 340-1997 AND AS AMENDED BY SEA 360-1997, IS CORRECTED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1997]: Sec. 172. (a) "Program", for purposes of IC 13-18-13 , refers to the wastewater revolving loan program established by IC 13-18-13-1. The term does not include the supplemental program.
    (b) "Program", for purposes of IC 13-18-21 , refers to the drinking water revolving loan program established by IC 13-18-21-1. The term does not include the supplemental program.
    (b) (c) "Program", for purposes of IC 13-19-5 , refers to the environmental remediation revolving loan program established by IC 13-19-5-1.
    (c) (d) "Program", for purposes of IC 13-23, refers to an underground storage tank release:
        (1) detection;
        (2) prevention; and
        (3) correction;
program created in accordance with the requirements of IC 13-23 or IC 13-7-20 (before its repeal).
SOURCE: IC 13-23-11-7; (97)SE0005.1.16. -->

    SECTION 16. IC 13-23-11-7, AS AMENDED BY SEA 7-1997, SEA 359-1997, AND HEA 1992-1997, IS CORRECTED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7. (a) The board shall do the following:
        (1) Advise the department and the Indiana development employment finance authority on the administration of the excess liability trust fund.
        (2) (1) Adopt rules under IC 4-22-2 and IC 13-14-9 necessary to carry out the duties of the board under this article.
        (3) (2) Take testimony and receive a written report at every meeting of the board from the commissioner or the commissioner's designee regarding the financial condition and operation of the excess liability trust fund including:
            (A) a detailed breakdown of contractual and administrative expenses the department is claiming from the excess liability trust fund under IC 13-23-7-1(5); and
            (B) a claims statistics report consisting of the status and value of each claim submitted to the fund and claims payments made under IC 13-23-8-1.
        The testimony and written report under this subdivision (3) shall be provided at every meeting of the board. However, the testimony and written report are not required more than one (1) time during any thirty (30) day period.
        (2) Consult with the department on administration of the underground petroleum storage tank excess liability trust fund established by IC 13-23-7-1 in developing uniform policies and procedures for revenue collection and claims administration of the fund.
    (b) The department shall consult with the board on administration of the underground petroleum storage tank excess liability trust fund. The consultation must include evaluation of alternative means of administering the fund in a cost effective and efficient manner.

SOURCE: IC 16-33-3-8.5; (97)SE0005.1.17. -->

    SECTION 17. IC 16-33-3-8.5, AS ADDED TO THE INDIANA CODE BY SEA 400-1997, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 1998]: Sec. 8.5 (a) A placement review committee for the center is established. The committee consists of one (1) representative of each of the following:
        (1) The office of the secretary of family and social services.
        (2) The state department.
        (3) The superintendent of public instruction.
    (b) The placement review committee shall meet on a quarterly basis to review the following:
        (1) Applications to the center denied through the process described in section 8 of this chapter.
        (2) All instances of dismissal from the school center for reasons other than graduation, voluntary transition to another educational facility, or voluntary departure from the school. center.
    (c) The director shall serve as an advisor to the placement review committee. The director shall provide the placement review committee with information and justification for all application denials and dismissals under review.
    (d) The placement review committee may recommend that application denials or dismissals be reconsidered.
SOURCE: IC 16-33-4-11; (97)SE0005.1.18. -->

    SECTION 18. IC 16-33-4-11, AS AMENDED BY SEA 400-1997, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 1998]: Sec. 11. (a) After consideration of appropriateness of placement by an admissions committee that consists of:
        (1) the superintendent of the home or the superintendent's designee;
        (2) the state health commissioner or the commissioner's designee; and
        (3) the superintendent of the department of education or the superintendent's designee; and
        (4) the secretary of the office of family and social services or the secretary's designee;
the superintendent of the home shall receive as a resident in the home a child if the child meets the requirements under subsection (b).
    (b) Before the child may be received as a resident in the home under subsection (a) the child must meet the following requirements:
        (1) The parent or parents of the child are Indiana residents immediately before application or the child is physically present in Indiana immediately before application.
        (2) The child is at least three (3) years of age but less than eighteen (18) years of age.
        (3) The child is in need of residential care and education.
    (c) If the applications of all children of members of the armed forces have been considered and space is available, the superintendent of the home may, subject to this section, recommend for admission the:
        (1) grandchildren;
        (2) stepchildren;
        (3) brothers;
        (4) sisters;
        (5) nephews; and
        (6) nieces;
of members of the armed forces who are in need of residential care and education.
    (d) If the applications of all children eligible for residence under subsections (a) through (c) have been considered and if space is available, the superintendent shall accept for residence children referred:
        (1) by the division of family and children established by IC 12-13-1-1; or
        (2) by the division of special education established by IC 20-1-6-2.1;
subject to consideration of appropriateness by the admissions committee under subsection (a).
SOURCE: IC 16-36-1.5-4; (97)SE0005.1.19. -->

    SECTION 19. IC 16-36-1.5-4 , AS AMENDED BY SEA 309-1997 AND HEA 1498-1997, IS CORRECTED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1997]: Sec. 4. (a) Before providing mental health services, a mental health provider must obtain written consent from each patient.
    (b) The consent required under subsection (a) must include a statement that the patient is consenting only to those mental health services that the mental health provider is qualified to provide within:
        (1) the scope of the provider's license, certification, and training; or
        (2) the scope of the license, certification, and training of those mental health providers directly supervising the services received by the patient.
However, this subsection does not apply to employees in a health facility (as defined under IC 12-7-2-38 , IC 12-7-2-184, IC 12-25, or IC 16-18-1 ) when the performance of mental health services is delegated or ordered by a licensed health practitioner and the services performed are within the practitioner's scope of practice.

SOURCE: IC 16-39-2-6; (97)SE0005.1.20. -->

    SECTION 20. IC 16-39-2-6, AS AMENDED BY HEA 1498-1997, HEA 1700-1997, AND SEA 8-1997, IS CORRECTED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1997]: Sec. 6. (a) Without the consent of the patient, the patient's mental health record may only be disclosed as follows:
        (1) To individuals who meet the following conditions:
            (A) Are employed by:
                (i) the provider at the same facility or agency; or
                (ii) a managed care provider (as defined in IC 12-7-2-127(b)); that is designated to provide case management to the patient; or
                (iii) a health care provider or mental health care provider, if the mental health records are needed to provide health care or mental health services to the patient.

            (B) Are involved in the planning, provision, and monitoring of services.
        (2) To the extent necessary to obtain payment for services rendered or other benefits to which the patient may be entitled, as provided in IC 16-39-5-3.
        (3) To the patient's court appointed counsel and to the Indiana protection and advocacy services commission.
        (4) For research conducted in accordance with IC 16-39-5-3 and the rules of the division of mental health, the rules of the division of disability, aging, and rehabilitative services, or the rules of the provider.
        (5) To the division of mental health for the purpose of data collection, research, and monitoring managed care providers (as defined in IC 12-7-2-127(b)) who are operating under a contract with the division of mental health.
        (6) To the extent necessary to make reports or give testimony required by the statutes pertaining to admissions, transfers, discharges, and guardianship proceedings.         (7) To a law enforcement agency if any of the following conditions are met:
            (A) A patient escapes from a facility to which the patient is committed under IC 12-26.
            (B) The superintendent of the facility determines that failure to provide the information may result in bodily harm to the patient or another individual.
            (C) A patient commits or threatens to commit a crime on facility premises or against facility personnel.
            (D) A patient is in the custody of a law enforcement officer or agency for any reason and:
                (i) the information to be released is limited to medications currently prescribed for the patient or to the patient's history of adverse medication reactions; and
                (ii) the provider determines that the release of the medication information will assist in protecting the health, safety, or welfare of the patient.
             Mental health records released under this clause must be maintained in confidence by the law enforcement agency receiving them.

        (8) To a coroner or medical examiner, in the performance of the individual's duties.
        (9) To a school in which the patient is enrolled if the superintendent of the facility determines that the information will assist the school in meeting educational needs of a person with a disability under 20 U.S.C. 1400 et seq.
        (10) To the extent necessary to satisfy reporting requirements under the following statutes:
            (A) IC 12-10-3-10.
            (B) IC 12-17-2-16.
            (C) IC 12-24-17-5.
            (D) IC 16-41-2-3.
            (E) IC 31-6-11-4. IC 31-33-5-4.
            (F) IC 34-4-12.4-3.
            (G) IC 35-46-1-13.
        (11) To the extent necessary to satisfy release of information requirements under the following statutes:
            (A) IC 12-24-11-2.
            (B) IC 12-24-12-3, IC 12-24-12-4, and IC 12-24-12-6.
            (C) IC 12-26-11.
        (12) To another health care provider in a health care emergency.
        (13) For legitimate business purposes as described in IC 16-39-5-3.
        (14) Under a court order under IC 16-39-3.
        (15) With respect to records from a mental health or developmental disability facility, to the United States Secret Service if the following conditions are met:
            (A) The request does not apply to alcohol or drug abuse records described in 42 U.S.C. 290dd-2 unless authorized by a court order under 42 U.S.C. 290dd-2(b)(2)(c).
            (B) The request relates to the United States Secret Service's protective responsibility and investigative authority under 18 U.S.C. 3056, 18 U.S.C. 871, or 18 U.S.C. 879.
            (C) The request specifies an individual patient.
            (D) The director or superintendent of the facility determines that disclosure of the mental health record may be necessary to protect a person under the protection of the United States Secret Service from serious bodily injury or death.
            (E) The United States Secret Service agrees to only use the mental health record information for investigative purposes and not disclose the information publicly.
            (F) The mental health record information disclosed to the United States Secret Service includes only:
                (i) the patient's name, age, and address;
                (ii) the date of the patient's admission to or discharge from the facility; and
                (iii) any information that indicates whether or not the patient has a history of violence or presents a danger to the person under protection.
    (b) After information is disclosed under subsection (a)(15) and if the patient is evaluated to be dangerous, the records shall be interpreted in consultation with a licensed mental health professional on the staff of the United States Secret Service.
    (c) A person who discloses information under subsection (a)(7) or (a)(15) in good faith is immune from civil and criminal liability.
SOURCE: IC 22-13-2.5-2; (97)SE0005.1.21. -->

    SECTION 21. IC 22-13-2.5-2, AS ADDED BY HEA 1575, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) Except as provided in section 3 of this chapter, the commission may not adopt a rule under this chapter until the commission has conducted two (2) public hearings in accordance with IC 4-22-2-24. IC 4-22-2-26.
    (b) The first public hearing required under subsection (a) shall be conducted not less than seventy-five (75) days after the date of the first publication of the proposed rule in the Indiana Register.
    (c) The second public hearing required under subsection (a) shall be conducted not less than forty-five (45) days after the first hearing required under subsection (a).
SOURCE: IC 25-1-2-6; (97)SE0005.1.22. -->

    SECTION 22. IC 25-1-2-6 , AS AMENDED BY SEA 74-1997, AND AS AMENDED BY HEA 1915-1997, AND AS AMENDED BY HEA 1961-1997, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1997]: Sec. 6. (a) As used in this section, "license" includes all occupational and professional licenses, registrations, permits, and certificates issued under the Indiana Code, and "licensee" includes all occupational and professional licensees, registrants, permittees, and certificate holders regulated under the Indiana Code.
    (b) This section applies to the following entities that regulate occupations or professions under the Indiana Code:
        (1) Indiana board of accountancy.
        (2) Indiana commodity grain buyers and warehouse licensing agency.
        (3) Indiana auctioneer commission.
        (4) Board of registration for architects.
        (5) State board of barber examiners.
        (6) State board of cosmetology examiners.
        (7) Medical licensing board of Indiana.
        (8) Secretary of state.
        (9) State board of dental examiners.
        (10) State board of funeral and cemetery service.
        (11) Worker's compensation board of Indiana.
        (12) Indiana state board of health facility administrators.
        (13) Committee of hearing aid dealer examiners.
        (14) Indiana state board of nursing.
        (15) Indiana optometry board.
        (16) Indiana board of pharmacy.
        (17) Indiana plumbing commission.
        (18) Board of podiatric medicine.
        (19) Private detectives licensing board.
        (20) State board of registration for professional engineers.
        (21) Board of environmental health specialists.
        (22) State psychology board.
        (23) Indiana real estate commission.         (24) Speech-language pathology and audiology board.
        (25) Department of natural resources.
        (26) State boxing commission.
        (27) Board of chiropractic examiners.
        (28) Mining board.
        (29) Indiana board of veterinary medical examiners.
        (30) State department of health.
        (31) Indiana physical therapy committee.
        (32) Respiratory care committee.
        (33) Occupational therapy committee.
        (34) Social work certification and worker, marriage and family therapists credentialing therapist, and mental health counselor board.
        (35) Real estate appraiser licensure and certification board.
        (36) State board of registration for land surveyors.
        (37) Physician assistant committee.
        (38) Indiana dietitians certification board.
        (39) Indiana hypnotist committee.
        (40) Any other occupational or professional agency created after June 30, 1981.
    (c) Notwithstanding any other law, the entities included in subsection (b) shall send a notice of the upcoming expiration of a license to each licensee at least sixty (60) days prior to the expiration of the license. The notice must inform the licensee of the need to renew and the requirement of payment of the renewal fee. If this notice of expiration is not sent by the entity, the licensee is not subject to a sanction for failure to renew if, once notice is received from the entity, the license is renewed within forty-five (45) days of the receipt of the notice.
SOURCE: IC 25-20.5-1-11; (97)SE0005.1.23. -->

    SECTION 23. IC 25-20.5-1-11, AS ADDED BY SEA 74-1997, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1997]: Sec. 11. (a) An individual who applies for a certificate as a hypnotist must do the following:
        (1) Present satisfactory evidence to the committee that the individual:
            (A) does not have a conviction for a crime that has a direct bearing on the individual's ability to practice competently;
            (B) has not been the subject of a disciplinary action by a licensing or certification agency of another state or jurisdiction on the grounds that the individual was not able to practice as a hypnotist without endangering the public; and
            (C) has at least three hundred fifty (350) hours of hypnotism education from a school or program of hypnotism approved by the board that includes the following:
                (i) At least one hundred fifty (150) hours of supervised practice of hypnotism with a qualified supervisor, with not less than one (1) hour of personal supervision for every fifteen (15) hours of supervised practice.
                (ii) At least one hundred fifty (150) hours of classroom instruction in the practice of hypnotism. A classroom hour may not be less than a fifty (50) minute period of instruction with both the instructor and student in attendance. Classroom instruction does not include video tape correspondence courses or other forms of electronic presentation.
                (iii) At least fifty (50) hours of video tape instruction in the practice of hypnotism. Video tape instruction may be used as a home study assignment.
        (2) Pay the fee established by the board.
    (b) An individual may not enroll in a school or program of hypnotism to satisfy the requirement under subsection (a)(1)(C) unless the individual:
        (1) is at least eighteen (18) years of age; and
        (2) has graduated from high school or received a:
            (A) high school equivalency certificate; or
            (B) state of Indiana general education development (GED) diploma under IC 20-10.1-12.1.
SOURCE: IC 25-20.5-1-13; (97)SE0005.1.24. -->

    SECTION 24. IC 25-20.5-1-13, AS ADDED BY SEA 74-1997, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1997]: Sec. 13. As used in this chapter, "supervision" means the review by a qualified supervisor of aspects of the therapeutic relationship between a student of hypnotism and a client in a face to face meeting for the purpose of improving the therapeutic skills of the student being supervised.
        (2) Pay the fee established by the board.
    (b) An individual may not enroll in a school or program of hypnotism to satisfy the requirement under subsection (a)(1)(C) unless the individual:
        (1) is at least eighteen (18) years of age; and
        (2) has graduated from high school or received a:             (A) high school equivalency certificate; or
            (B) state of Indiana general education development (GED) diploma under IC 20-10.1-12.1.
SOURCE: IC 26-1-9-401; (97)SE0005.1.25. -->

    SECTION 25. IC 26-1-9-401, AS AMENDED BY HEA 1874-1997 AND SEA 173-1997, IS CORRECTED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 1998]: Sec. 401. (1) The proper place to file in order to perfect a security interest is as follows:
        (a) When the collateral is consumer goods, equipment used in farming operations, or farm products, or accounts or general intangibles arising from or relating to the sale of farm products by a farmer, or consumer goods, then in the office of the county recorder in the county of the debtor's residence or if the debtor is not a resident of this state then in the office of the county recorder in the county where the goods are kept, or if the debtor is a corporation then in the office of the county recorder in the county where the corporation has its residence, and in the office of the secretary of state, and in addition when the collateral is crops, growing or to be grown, in the office of the county recorder in the county where the land is located.
        (b) When the collateral is timber to be cut or is minerals or the like (including oil and gas) or accounts subject to IC 26-1-9-103(5), or when the financing statement is filed as a fixture filing (IC 26-1-9-313) and the collateral is goods which are or are to become fixtures, then in the office where a mortgage on the real estate would be filed or recorded.
        (c) In all other cases, in the office of the secretary of state.
    (2) A filing which is made in good faith in an improper place or not in all of the places required by this section is nevertheless effective with regard to any collateral as to which the filing complied with the requirements of IC 26-1-9 and is also effective with regard to collateral covered by the financing statement against any person who has knowledge of the contents of such financing statement.
    (3) A filing which is made in the proper place in this state continues effective even though the debtor's residence or place of business or the location of the collateral or its use, whichever controlled the original filing, is thereafter changed.
    (4) The rules stated in IC 26-1-9-103 determine whether filing is necessary in this state.
    (5) For the purposes of this section, the residence of an organization is its place of business if it has one or its chief executive office if it has more than one (1) place of business.     (6) From amounts collected by the secretary of state from and in connection with filings and requests under IC 26-1 there shall be paid from the general fund, as the primary source of such payment, all valid judgments recovered or to be recovered against county or state filing officers or their employees for failure to properly file or furnish correct information in connection with a request made as to filings and record searches under the filing system of the Uniform Commercial Code. Judgments payable under this section shall be paid if the attorney general is served with a copy of the summons in the original action and given an opportunity to defend; or, if he is not served, only upon motion and de novo hearing without jury trial made to the court rendering the judgment after service of notice thereof upon the attorney general, and after the court enters findings and judgment showing the amount properly payable under IC 26-1. Any affected party or the attorney general may appeal from the original or the judgment entered pursuant to the motion. Not more than one hundred thousand dollars ($100,000) shall be paid from amounts collected by the secretary of state in any fiscal year.
    (7) A document described in subsection (8), (9), or (12) must be in the standard form prescribed by the secretary of state to be accepted for filing.
    (8) The fee for filing each of the following is four dollars ($4):
        (a) Financing statements, if filed with the secretary of state.
        (b) Continuation statements.
        (c) Separate statements of assignment.
        (d) Separate amendments of any of the foregoing.
        (e) Lists of creditors and schedules of property filed with the secretary of state for entry in the bulk transfer sale file.
        (f) Partial releases, if filed with the county recorder.
        (g) Lis pendens and other filings under the Uniform Commercial Code filing systems.
    (9) If the document is:
        (a) filed with the county recorder; and
        (b) a financing statement;
the fee for filing the document is eight dollars ($8), which includes a prepaid release fee of four dollars ($4).
    (10) An additional fee of one dollar ($1) shall be paid for each of the following:
        (a) Filing and indexing a financing statement indicating an assignment.
        (b) Filing and indexing a financing statement that is subject to IC 26-1-9-402(5). IC 26-1-9-402(4).         (c) Indexing each name after the first, including trade names.
        (d) Furnishing filing data regarding any document.
        (e) Furnishing a certificate filing officer's document under IC 26-1-9-407(2), plus fifty cents ($0.50) for each financing statement and for each statement of assignment listed on the certificate. filing officer's document.
    (11) An additional fee of fifty cents ($0.50) shall be paid for the following:
        (a) Filing any of the foregoing described in subsection (8) or (9) in the fixture file.
        (b) Each page of a copy of a document.
    (12) No filing fee shall be charged for the filing of termination statements.
SOURCE: IC 26-3-7-16; (97)SE0005.1.26. -->

    SECTION 26. IC 26-3-7-16 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1997]: Sec. 16. (a) A licensee shall have and maintain a current asset to current liability ratio of one (1) to one (1) (1:1) and shall maintain, as evidenced by the financial statement required by section 6 of this chapter, the following minimum net worth:
        (1) For a grain bank, minimum net worth is at least ten thousand dollars ($10,000).
        (2) For a warehouse, minimum net worth is at least equal to the sum of:
            (A) fifteen thousand dollars ($15,000); and
            (B) ten cents ($0.10) multiplied by the bushel storage capacity of the warehouse.
        (3) For a grain buyer, minimum net worth is at least:
            (A) ten thousand dollars ($10,000); or
            (B) five cents ($0.05) multiplied by the total number of bushels of grain purchased by the grain buyer during the grain buyer's fiscal year immediately preceding the date net worth is calculated;
        whichever is greater.
        (4) For a buyer-warehouse that has a bushel storage capacity of less than one million (1,000,000) bushels or purchases less than one million (1,000,000) bushels of grain per year, minimum net worth is at least equal to:
            (A) the sum of:
                (i) fifteen thousand dollars ($15,000); and
                (ii) ten cents ($0.10) multiplied by the bushel storage capacity of the buyer-warehouse; or
            (B) five cents ($0.05) multiplied by the total number of bushels of grain purchased by the buyer-warehouse during the buyer-warehouse's fiscal year immediately preceding the date net worth is calculated;
        whichever is greater.
        (5) For a buyer-warehouse that has a bushel storage capacity of at least one million (1,000,000) bushels or purchases at least one million (1,000,000) bushels of grain per year, minimum net worth is at least equal to:
            (A) the sum of:
                (i) fifty thousand dollars ($50,000); and
                (ii) ten cents ($0.10) multiplied by the bushel storage capacity of the buyer-warehouse; or
            (B) five cents ($0.05) multiplied by the number of bushels of grain purchased by the buyer-warehouse during the buyer-warehouse's fiscal year immediately preceding the date net worth is calculated;
        whichever is greater.
    (b) Except as provided in section 10 of this chapter, if a licensee is required to show additional net worth to comply with this section, the licensee may satisfy the requirement by adding to the amount of the bond, letter of credit, or cash deposit required under section 10 of this chapter an amount equal to the additional net worth required.
    (c) The director may adopt rules under IC 4-22-2 to provide that a narrative market appraisal that demonstrates assets sufficient to comply with this section may satisfy the minimum net worth requirement.
SOURCE: IC 27-1-15.5-8; (97)SE0005.1.27. -->

    SECTION 27. IC 27-1-15.5-8 , AS AMENDED BY HEA 1241-1997, AND AS AMENDED BY SEA 8-1997, IS CORRECTED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1997]: Sec. 8. (a) The commissioner may suspend, revoke, refuse to continue, renew, or issue any license issued under this chapter, or impose any of the disciplinary sanctions under subsection (f) if, after notice to the licensee and to the insurer represented and a hearing, the commissioner finds as to the licensee any one (1) or more of the following conditions:
        (1) Any materially untrue statement in the license application.
        (2) Any cause for which issuance of the license could have been refused had it then existed and been known to the commissioner at the time of issuance.
        (3) Violation of or noncompliance with any insurance laws, violation of any provision of IC 28 concerning the sale of a life insurance policy or an annuity contract, or violation of any lawful rule, regulation, or order of the commissioner or of a commissioner of another state.
        (4) Obtaining or attempting to obtain any such license through misrepresentation or fraud.
        (5) Improperly withholding, misappropriating, or converting to the licensee's own use any money belonging to policyholders, insurers, beneficiaries, or others received in the course of the licensee's insurance business.
        (6) Misrepresentation of the terms of any actual or proposed insurance contract.
        (7) Conviction of a felony or misdemeanor involving moral turpitude.
        (8) The licensee has been found guilty of any unfair trade practice or of fraud.
        (9) In the conduct of the licensee's affairs under the license, the licensee has used fraudulent, coercive, or dishonest practices, or has shown himself to be incompetent, untrustworthy, or financially irresponsible, or not performing in the best interests of the insuring public.
        (10) The licensee's license has been suspended or revoked in any other state, province, district, or territory.
        (11) The licensee has forged another's name to an application for insurance.
        (12) An applicant has been found to have been cheating on an examination for an insurance license.
        (13) The applicant or licensee is on the most recent tax warrant list supplied to the commissioner by the department of state revenue.
        (14) The licensee has failed to satisfy the continuing education requirements under section 7.1 of this chapter.
    (b) The commissioner shall refuse to:
        (1) issue a license; or
        (2) renew a license issued;
under this chapter to any person who is the subject of an order issued by a court under IC 31-14-12-7 or IC 31-16-12-10 (or IC 31-1-11.5-13 (m) or IC 31-6-6.1-16 (m) before their repeal).
    (c) In the event that the action by the commissioner is to not renew or to deny an application for a license, the commissioner shall notify the applicant or licensee and advise, in writing, the applicant or licensee of the reasons for the denial or nonrenewal of the applicant's or licensee's license. Not later than sixty (60) days after receiving a notice from the commissioner under this subsection, the applicant or licensee may make written demand upon the commissioner for a hearing to determine the reasonableness of the commissioner's action. Such hearing shall be held within thirty (30) days from the date of receipt of the written demand of the applicant.
    (d) The license of a corporation may be suspended, revoked, or refused if the commissioner finds, after hearing, that an individual licensee's violation was known or should have been known by one (1) or more of the officers or managers acting on behalf of the corporation and such violation was not reported to the insurance department nor corrective action taken in relation to the violation.
    (e) In addition to or in lieu of any applicable denial, suspension, or revocation of a license, any person violating this chapter may, after hearing, be subject to a civil penalty of not less than fifty dollars ($50) nor more than ten thousand dollars ($10,000). Such a penalty may be enforced in the same manner as civil judgments.
    (f) The commissioner may impose any of the following sanctions, singly or in combination, when the commissioner finds that a licensee is guilty of any offense under subsection (a):
        (1) Permanently revoke (as defined in subsection (h)) a licensee's certificate.
        (2) Revoke a licensee's certificate with a stipulation that the licensee may not reapply for a certificate for a period fixed by the commissioner. The fixed period may not exceed ten (10) years.
        (3) Suspend a licensee's certificate.
        (4) Censure a licensee.
        (5) Issue a letter of reprimand.
        (6) Place a licensee on probation status and require the licensee to:
            (A) report regularly to the commissioner upon the matters that are the basis of probation;
            (B) limit practice to those areas prescribed by the commissioner; or
            (C) continue or renew professional education under a licensee approved by the commissioner until a satisfactory degree of skill has been attained in those areas that are the basis of the probation.
        The commissioner may withdraw the probation if the commissioner finds that the deficiency that required disciplinary action has been remedied.
    (g) The insurance commissioner shall notify the securities commissioner when an administrative action or civil proceeding is filed under this section and when an order is issued under this section denying, suspending, or revoking a license.
    (h) For purposes of subsection (f), "permanently revoke" means that the licensee's certificate shall never be reinstated and the licensee shall not be eligible to submit an application for a certificate to the department.
SOURCE: IC 30-2-13-31; (97)SE0005.1.28. -->

    SECTION 28. IC 30-2-13-31 , AS AMENDED BY SEA 124-1997 AND AS AMENDED BY HEA 1536-1997, IS CORRECTED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1997]: Sec. 31. (a) A seller who is required to register under this article, a cemetery under IC 25-15-9-17 , a funeral home under IC 25-15, and a perpetual care fund under IC 23-14-1 IC 23-14-48 shall file an annual report with the board that provides the following information:
        (1) The name and location of each seller, cemetery, funeral home, and perpetual care fund.
        (2) The name and business address of the owner and the names and business addresses of the resident agent and chief officer if the owner is not a natural person.
        (3) If a cemetery, the amount of funds received by the owner during the previous fiscal year that are subject to trust requirements set forth in IC 23-14-1-12 IC 23-14-48 and the amount required to be placed in trust, the amount of funds actually placed in trust to satisfy the requirements of IC 23-14-1-12 , IC 23-14-48 , the name and address of the trustee, and if the funds are not held in trust by a corporate trustee, the name of the corporate surety and the amount of the trustee's fidelity bond as required by IC 23-14-1-18. IC 23-14-51-4.
        (4) The amount of money or identity of other property received subject to the trust or escrow requirements of this chapter, the amount required to be placed in trust or escrow, the amount actually placed in trust or escrow, and the name and address of the trustee.
        (5) For a holder of a certificate of authority under section 33 of this chapter, the information that is listed in section 33(b)(2) through 33(b)(3) 33(b)(4) of this chapter.
    (b) The annual report required by this section must meet the following requirements:
        (1) Be made on a form prescribed and furnished by the board.
        (2) Be signed by the owner if an individual or by the president or vice president and the treasurer or secretary if the owner is not an individual.
        (3) Be notarized and affirmed under penalties of perjury by the individuals signing the annual report.
        (4) Be filed in the office of the board by the seller not later than ninety (90) days after the end of the seller's fiscal year.
        (5) Be accompanied by an annual fee of ten dollars ($10) if the seller is a funeral home or cemetery.
        (6) Be accompanied by the fee required by section 27 of this chapter.
    (c) Each geographic location of a seller is a separate and distinct business and requires a separate report.
    (d) The board may suspend the certificate of authority of a seller who fails to file the seller's annual report within the period required under this section.
    5ECTION 5. IC 31-37-17-1.1, AS ADDED BY SEA 400-1997, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1997]: Sec. 1.1. (a) The person preparing the report under section 1 of this chapter:
        (1) may; or
        (2) if directed by the court, shall;
confer with individuals who have expertise in professional areas related to the child's needs in the areas of appropriate care, treatment, rehabilitation, or placement for a child in need of services. delinquent child.
    (b) A conference held under this chapter may include representatives of the following:
        (1) The child's school.
        (2) The probation department.
        (3) The county office of family and children.
        (4) A community mental health center located in the child's county of residence.
        (5) A community mental retardation and other developmental disabilities center located in the child's county of residence.
        (6) Other persons as the court may direct.
SOURCE: IC 33-19-8-5; (97)SE0005.1.29. -->

    SECTION 29. IC 33-19-8-5, AS AMENDED BY SEA 8-1997 AND HEA 1057-1997, IS CORRECTED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1997]: Sec. 5. (a) A county user fee fund is established in each county for the purpose of financing various program services. The county fund shall be administered by the county auditor.
    (b) The county fund consists of the following fees collected by a clerk under this article, and by the probation department for the juvenile court under IC 31-6-4-12(h): IC 31-34-8-8 or IC 31-37-9-9:
        (1) The pretrial diversion program fee.
        (2) The informal adjustment program fee.
        (3) The marijuana eradication program fee.
        (4) The alcohol and drug services program fee.
        (5) The law enforcement continuing education program fee.
        (6) The deferral program fee.
        (7) The jury fee.
    (c) All of the jury fee and two dollars ($2) of every deferral program fee collected under IC 33-19-5-2(e) shall be deposited by the county auditor in the jury pay fund under IC 33-19-10.

SOURCE: IC 36-2-7-13; (97)SE0005.1.30. -->

    SECTION 30. IC 36-2-7-13, AS AMENDED BY HEA 1021-1997, AND AS AMENDED BY HEA 1783-1997, IS CORRECTED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1997]: Sec. 13. (a) In addition to the compensation fixed under IC 36-2-5 , a member of the county executive is entitled to an amount not to exceed thirty-five dollars ($35) per day for each day in attendance at a meeting of a county drainage board.
    (b)
The county fiscal body may grant to the county assessor, in addition to the compensation fixed under IC 36-2-5 , a per diem for each day that the assessor is engaged in general reassessment activities. (including service on a county land valuation commission). This subsection section applies regardless of whether professional assessing services are provided under a contract to one (1) or more townships in the county.
SOURCE: IC 36-4-3-4.1; (97)SE0005.1.31. -->

    SECTION 31. IC 36-4-3-4.1 , AS AMENDED BY SEA 140-1997, AND AS AMENDED BY HEA 1109-1997, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1997]: Sec. 4.1. (a) This section applies to municipalities: having a population of:
        (1) having a population of more than ten thousand (10,000) but less than fifteen thousand (15,000) located in a county having a population of more than seventy-five thousand (75,000) but less than seventy-eight thousand (78,000); and
        (2) having a population of more than thirty-three thousand (33,000) but less than thirty-three thousand eight hundred fifty (33,850) located in a county having a population of more than one hundred seven thousand (107,000) but less than one hundred eight thousand (108,000); and
        (3) located in a county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000).
    (b) Except as provided in subsection (c), the legislative body of a municipality to which this section applies may, by ordinance, annex territory that:
        (1) is contiguous to the municipality;
        (2) in the case of a municipality described in subdivision (a)(1), has its entire area within the township within which the municipality is primarily located; and
        (3) is owned by a property owner who consents to the annexation.
    (c) Subsection (b)(2) does not apply to a municipality having a population of:
        (1) more than six thousand (6,000) but less than six thousand five hundred (6,500); or
        (2) more than eight thousand seven hundred (8,700) but less than eight thousand nine hundred (8,900);
in a county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000).
    (c) (d)
Territory annexed under this section is exempt from all property tax liability under IC 6-1.1 for municipal purposes for all portions of the annexed territory that is classified for zoning purposes as agriculture and remains exempt from the property tax liability while the property's zoning classification remains agriculture.
    (d) (e) There may not be a change in the zoning classification of territory annexed under this section without the consent of the owner of the annexed territory.
SOURCE: IC 36-8-10-12; (97)SE0005.1.32. -->

    SECTION 32. IC 36-8-10-12 , AS AMENDED BY SEA 327-1997, SEA 396-1997, AND HEA 2008-1997, IS CORRECTED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1997]: Sec. 12. (a) The department and a trustee may establish and operate an actuarially sound pension trust as a retirement plan for the exclusive benefit of the employee beneficiaries. However, a department and a trustee may not establish or modify a retirement plan after June 30, 1989, without the approval of the county fiscal body which shall not reduce or diminish any benefits of the employee beneficiaries set forth in any retirement plan that was in effect on January 1, 1989.
    (b) The normal retirement age may be earlier but not later than the age of seventy (70). However, the sheriff may retire an employee who is otherwise eligible for retirement if the board finds that the employee is not physically or mentally capable of performing the employee's duties.
    (c) Joint contributions shall be made to the trust fund:         (1) either by:
            (A) the department through a general appropriation provided to the department;
            (B) a line item appropriation directly to the trust fund; or
            (C) both; and
        (2) by an employee beneficiary through authorized monthly deductions from the employee beneficiary's salary or wages. However, the employer may pay all or a part of the contribution for the employee beneficiary.
Contributions through an appropriation are not required for plans established or modifications adopted after June 30, 1989, unless the establishment or modification is approved by the county fiscal body.
    (d) For a county not having a consolidated city, the monthly deductions from an employee beneficiary's wages for the trust fund may not exceed six percent (6%) seven percent (7%) of the employee beneficiary's average monthly wages. For a county having a consolidated city, the monthly deductions from an employee beneficiary's wages for the trust fund may not exceed seven percent (7%) of the employee beneficiary's average monthly wages.
    (e) The minimum annual contribution by the department must be sufficient, as determined by the pension engineers, to prevent deterioration in the actuarial status of the trust fund during that year. If the department fails to make minimum contributions for three (3) successive years, the pension trust terminates and the trust fund shall be liquidated.
    (f) If during liquidation all expenses of the pension trust are paid, adequate provision must be made for continuing pension payments to retired persons. Each employee beneficiary is entitled to receive the net amount paid into the trust fund from the employee beneficiary's wages, and any remaining sum shall be equitably divided among employee beneficiaries in proportion to the net amount paid from their wages into the trust fund.
    (g) If a person ceases to be an employee beneficiary because of death, disability, unemployment, retirement, or other reason, the person, the person's beneficiary, or the person's estate is entitled to receive at least the net amount paid into the trust fund from the person's wages, either in a lump sum or monthly installments not less than the person's pension amount.
    (h) If an employee beneficiary is retired for old age, the employee beneficiary is entitled to receive a monthly income in the proper amount of the employee beneficiary's pension during the employee beneficiary's lifetime.     (i) To be entitled to the full amount of the employee beneficiary's pension classification, an employee beneficiary must have contributed at least twenty (20) years of service to the department before retirement. Otherwise, the employee beneficiary is entitled to receive a pension proportional to the length of the employee beneficiary's service.
    (j) This subsection does not apply to a county that adopts an ordinance under section 12.1 of this chapter. For an employee beneficiary who retires before January 1, 1985, a monthly pension may not exceed by more than twenty dollars ($20) one-half (1/2) the amount of the average monthly wage received during the highest paid five (5) years before retirement. However, in counties where the fiscal body approves the increases, the maximum monthly pension for an employee beneficiary who retires after December 31, 1984, may be increased by no more or no less than two percent (2%) of that average monthly wage for each year of service over twenty (20) years to a maximum of seventy-four percent (74%) of that average monthly wage plus twenty dollars ($20). For the purposes of determining the amount of an increase in the maximum monthly pension approved by the fiscal body for an employee beneficiary who retires after December 31, 1984, the fiscal body may determine that the employee beneficiary's years of service include the years of service with the sheriff's department that occurred before the effective date of the pension trust. For an employee beneficiary who retires after June 30, 1996, the average monthly wage used to determine the employee beneficiary's pension benefits may not exceed the monthly minimum salary that a full-time prosecuting attorney was entitled to be paid by the state at the time the employee beneficiary retires.
    (k) The trust fund may not be commingled with other funds, except as provided in this chapter, and may be invested only in accordance with statutes for investment of trust funds, including other investments that are specifically designated in the trust agreement.
    (l) The trustee receives and holds as trustee all money paid to it as trustee by the department, the employee beneficiaries, or by other persons for the uses stated in the trust agreement.
    (m) The trustee shall engage pension engineers to supervise and assist in the technical operation of the pension trust in order that there is no deterioration in the actuarial status of the plan.
    (n) Within ninety (90) days after the close of each fiscal year the trustee, with the aid of the pension engineers, shall prepare and file an annual report with the department and the state insurance department. The report must include the following:
        (1) Schedule 1. Receipts and disbursements.
        (2) Schedule 2. Assets of the pension trust listing investments by book value and current market value as of the end of the fiscal year.
        (3) Schedule 3. List of terminations, showing the cause and amount of refund.
        (4) Schedule 4. The application of actuarially computed "reserve factors" to the payroll data properly classified for the purpose of computing the reserve liability of the trust fund as of the end of the fiscal year.
        (5) Schedule 5. The application of actuarially computed "current liability factors" to the payroll data properly classified for the purpose of computing the liability of the trust fund as of the end of the fiscal year.
    (o) No part of the corpus or income of the trust fund may be used or diverted to any purpose other than the exclusive benefit of the members and the beneficiaries of the members.
SOURCE: IC 2-5-24; (97)SE0005.1.33. -->

    SECTION 33. IC 2-5-24 IS REPEALED [EFFECTIVE UPON PASSAGE].
SOURCE: IC 2-5-25; (97)SE0005.1.34. -->

    SECTION 34. IC 2-5-25 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]:
     Chapter 25. Water Resources Study Committee
    Sec. 1. The water resources study committee is established.
    Sec. 2. (a) The water resources study committee consists of twelve (12) members of the general assembly appointed as follows:
        (1) Six (6) senators appointed by the president pro tempore of the senate in consultation with the minority leader of the senate, not more than three (3) of whom may be members of the same political party.
        (2) Six (6) representatives appointed by the speaker of the house of representatives in consultation with the minority leader of the house of representatives, not more than three (3) of whom may be members of the same political party.
    (b) The term of a member of the committee expires on December 31 of the even-numbered year following the member's appointment.
    (c) A vacancy on the committee shall be filled by appointment of a replacement member for the unexpired term. The president pro tempore of the senate shall appoint a replacement for a senator and the speaker of the house of representatives shall appoint a replacement for a representative.
    Sec. 3. The president pro tempore of the senate shall appoint a member of the committee to serve as chairperson of the committee during the first regular session of a general assembly and as vice chairperson during the second regular session. The speaker of the house of representatives shall appoint a member of the committee to serve as vice chairperson during the first regular session of a general assembly and as chairperson during the second regular session.
    Sec. 4. Each member of the water resources study committee 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. 5. The water resources study committee shall study and may make recommendations concerning all matters relating to the surface and ground water resources of Indiana, including the following:
        (1) The usage, quality, and quantity of water resources.
        (2) Issues concerning diffused surface water, the common enemy doctrine of law, and runoff.
    Sec. 6. The water resources study committee shall do the following:
        (1) Operate under the direction of the legislative council.
        (2) Issue reports when directed to do so by the legislative council.
    Sec. 7. Staff and administrative support for the water resources study committee shall be provided by the legislative services agency.

SOURCE: IC 2-5-24.1; (97)SE0005.1.35. -->

    SECTION 35. IC 2-5-24.1 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]:
     Chapter 24.1. Property Tax Study Committee
    Sec. 1. As used in this chapter, "committee" refers to the property tax study committee established by section 2 of this chapter.
    Sec. 2. The property tax study committee is established.
    Sec. 3. (a) The committee shall study, review, make recommendations concerning,
and report on the following topics:
        (1) Certification levels to be attained by county and township assessors and their employees and the number of persons in each certification level required relative to the number of parcels in each assessing unit.
        (2) Present certification levels, standards, and courses of instruction.
        (3) Minimum and advanced proficiency standards that ensure that persons performing assessment functions in Indiana meet or exceed national standards for real property assessment.
        (4) Whether an elected assessor should be required to obtain a minimum proficiency level in assessment procedures and funding for the expense of requiring a minimum proficiency level.
        (5) Continuing education requirements to maintain assessor certifications and minimum proficiency levels.
        (6) Computer software assessment standards published in 1992 and 1993 and revisions considered necessary.
        (7) Procedures for the enforcement or review of software certification standards.
        (8) Whether the state board of tax commissioners should be required to adopt computer specification rules specifically to allow assessment data to be exported.
        (9) The means available to the state board of tax commissioners for enforcing rules.
        (10) Organizational changes considered necessary to improve the efficiency and thoroughness of the county property tax assessment board of appeals.
        (11) An investigation of the use of hearing officers who have attained level 2 proficiency to assist the county property tax assessment board of appeals.
        (12) In association with the state board of tax commissioners, changes that would establish an independent state property tax assessment board of appeals.
        (13) Improvements to the salary schedules and benefits available to the employees of the state board of tax commissioners.
        (14) Organizational structure of the assessing system, including the duties of the county and township assessor.

    (b) The committee may study other topics as assigned by the legislative council or as directed by its chairman.
    (c) The committee is under the jurisdiction of the legislative council and shall operate under policies and procedures established by the legislative council.
    (d) Before January 1 each year, the committee shall issue an annual report stating its findings, conclusions, and recommendations. The committee shall issue other reports as directed by the legislative council.
    Sec. 4. (a) The committee consists of five (5) members of the general assembly.
    (b) The speaker of the house of representatives, with the advice of the legislative leader of a major political party (as defined in IC 3-5-2-30) that is different from the political party of the speaker of the house of representatives, shall appoint two (2) representatives, who are not members of the same political party, as members of the committee.
    (c) The president pro tempore of the senate, with the advice of the legislative leader of a major political party (as defined in IC 3-5-2-30) that is different from the political party of the president pro tempore of the senate, shall appoint two (2) senators, who are not members of the same political party, as members of the committee.
    (d) The chairman of the legislative council shall appoint one (1) member of the general assembly as a member of the committee.
    (e) At the time the committee members are appointed, the chairman of the legislative council shall appoint a member of the committee to be chairman and the vice chairman of the legislative council shall name another member vice chairman. A member of the committee serves as chairman or vice chairman of the committee at the pleasure of the appointing authority who appointed the member to the office.
    (f) The term of a member of the committee ends on the earlier of January 1, 1999, or the date the member ceases to be a member of the general assembly. If a vacancy occurs on the committee, the vacancy shall be filled by the appointing authority making the original appointment.
    Sec. 5. (a) The committee shall meet during the interim between adjournment of each regular session of the general assembly and January 1 of that year on call of the chairman or at other times the committee determines.
    (b) Notice of the time, place, and agenda of committee meetings shall be given in the same manner as meetings of interim study committees established by the legislative council.
    (c) Three (3) members of the committee constitute a quorum. An action may be taken by the committee by an affirmative vote of not less than three (3) members of the committee.
    Sec. 6. Each member of the committee 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. 7. The legislative services agency is primarily responsible for providing staff and administrative support for the committee. The state board of tax commissioners and budget agency shall provide staff and administrative support for the committee as requested by the chairman of the committee.
    Sec. 8. (a) The legislative council may establish a budget for the committee.
    (b) Subject to prior authorization of the legislative council, the expenses incurred by the committee in performing its duties shall be paid from the funds appropriated to the council.
    Sec. 9. This chapter expires January 1, 1999.

SOURCE: IC 6-2.5-5-38; (97)SE0005.1.36. -->

    SECTION 36. IC 6-2.5-5-38 IS REPEALED [EFFECTIVE JULY 1, 1997].
SOURCE: IC 6-2.5-5-38.1; (97)SE0005.1.37. -->

    SECTION 37. IC 6-2.5-5-38.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1997]: Sec. 38.1. (a) As used in this section, "service center" has the meaning set forth in IC 6-3.1-15-3.
    (b) As used in this section, "school" means a public or private elementary or secondary school containing students in any grade from grade 1 through grade 12.
    (c) As used in this chapter, "qualified computer equipment" has the meaning set forth in IC 6-3.1-15-2.
    (d) Sales of qualified computer equipment are exempt from the state gross retail tax, if:
        (1) the seller is a service center or school;
        (2) the purchaser is a parent or guardian of a student who is enrolled in a school; and
        (3) the qualified computer equipment is sold to the parent or guardian under IC 6-3.1-15-12.

SOURCE: IC 6-2.5-5-38.2; (97)SE0005.1.38. -->

    SECTION 38. IC 6-2.5-5-38.2 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1997]: Sec. 38.2. The value of an owned vehicle is exempt from the Indiana gross retail tax in a vehicle lease transaction if the owned vehicle is exchanged for a like kind vehicle. SOURCE: ; (97)SE0005.1.39. -->

    SECTION 39. [EFFECTIVE JULY 1, 1997] IC 5-22, AS ADDED BY HEA 1945-1997, SECTION 7, IS REPEALED. HOWEVER, IC 5-22, AS ADDED BY HEA 1158-1997, SECTION 1, IS NOT REPEALED.
SOURCE: IC 5-24; (97)SE0005.1.40. -->

    SECTION 40. IC 5-24 IS ADDED TO THE INDIANA CODE AS A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1997]:
     ARTICLE 24. ELECTRONIC DIGITAL SIGNATURE ACT
    Chapter 1. Applicability
    Sec. 1. This article applies to the state or a state agency.
    Sec. 2. Unless the supervising body of the branch, institution, or office elects to have this article apply and records the election with the state board of accounts, this article does not apply to the following:
        (1) The judicial branch.
        (2) The legislative branch.
        (3) A state educational institution (as defined in IC 20-12-0.5-1).
        (4) The offices of the secretary of state, auditor, treasurer, attorney general, superintendent of public instruction, and the clerk of the supreme court.
    Sec. 3. Each entity excluded by section 2 of this chapter may elect to be subject to this article by recording its written consent with the state board of accounts.
    Chapter 2. Definitions
    Sec. 1. "Digital signature" means an electronic signature that transforms a message using an asymmetric cryptosystem such that a person having the initial message and the signer's public key can accurately determine whether:
        (1) the transformation was created using the private key that corresponds to the signer's public key; and
        (2) the initial message has been altered since the transformation was made.
    Sec. 2. "Electronic signature" means an electronic identifier, created by computer, executed or adopted by the party using it with the intent to authenticate a writing.
    Sec. 3. "Person" means an individual, a corporation, a partnership, an association, a limited liability company, or other legal entity.
    Sec. 4. "State" means the state of Indiana and includes a state agency.
    Sec. 5. "State agency" has the meaning set forth in IC 4-13-1-1.
    Sec. 6. "Writing" means the following:
        (1) Handwriting.
        (2) Printing.
        (3) Typewriting.
        (4) Information that is created or stored in any electronic medium and is retrievable in a perceivable form.
        (5) All other methods and means of forming letters and characters upon paper or other materials.
    Chapter 3. General provisions
    Sec. 1. A digital signature on a document received by or filed with the state shall be effective if it meets the following criteria:
        (1) It is unique to the person using it.
        (2) It is capable of verification.
        (3) It is under the sole control of the person using it.
        (4) It is linked to data in such a manner that if the data are changed, the digital signature is invalidated.
        (5) It conforms to the rules adopted by the state board of accounts.
    Sec. 2. The state board of accounts shall implement and administer a method used by the state to conduct authenticated electronic transactions using digital signatures.
    Sec. 3. The state board of accounts shall implement a method of conducting electronic transactions using digital signatures that:
        (1) considers existing and potential technological advances and defects;
        (2) is practical, reliable, and effective; and
        (3) insures the security and integrity of electronic digital signatures.
    Sec. 4. The state board of accounts shall adopt rules under IC 4-22-2 to implement this article.
    
SECTION 41. HEA 1945-1997, SECTION, 8 IS REPEALED [EFFECTIVE UPON PASSAGE].
SOURCE: ; (97)SE0005.1.42. -->

    SECTION 42. [EFFECTIVE UPON PASSAGE] (a) The state board of accounts shall adopt rules under IC 4-22-2 to implement IC 5-24, as added by this act, before July 1, 1998.
    (b) In establishing rules, the state board of accounts shall consider the following purposes of IC 5-24, as added by this act:
        (1) Facilitate economic development and efficient delivery of government services by means of reliable electronic messages.
        (2) Enhance public confidence in electronic signatures through the use of digital signatures.
        (3) Minimize the incidence of forged signatures and fraud in commerce.
        (4) Foster the development of electronic commerce through the use of digital signatures to lend authenticity and integrity to writings in any electronic medium.
        (5) Assure that proper management, oversight, and accountability are maintained for public entity digital signatures.
        (6) Establish, in coordination with other states, uniform rules regarding the authentication and reliability of electronic messages.
    (c) In establishing rules, the state board of accounts shall seek the advice of public and private entities including the following:
        (1) The information services division of the department of administration.
        (2) The procurement division of the department of administration.
        (3) The data processing oversight committee.
        (4) The access Indiana information network.
        (5) The treasurer of state.
        (6) The auditor of state.
        (7) The department of environmental management.
        (8) The Indiana department of transportation.
        (9) The secretary of state.
        (10) The commission on public records.
    (d) This SECTION expires January 1, 1999.

    SECTION 43. THE FOLLOWING ARE REPEALED [EFFECTIVE UPON PASSAGE]: SENATE ENROLLED ACT 375-1997, SECTION 6; HOUSE ENROLLED ACT 1542-1997, SECTION 39.
SOURCE: IC 6-1.1-5.5-11; IC 12-8-4; IC 12-8- 5; IC 12-8-7; IC 12-17-15-19.
; (97)SE0005.1.43. -->

    SECTION 44. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 1997]: IC 6-1.1-5.5-11; IC 12-8-4; IC 12-8-5; IC 12-8-7; IC 12-17-15-19.
SOURCE: IC 12-17.2-3; (97)SE0005.1.45. -->

    SECTION 45. IC 12-17.2-3 IS REPEALED [EFFECTIVE NOVEMBER 1, 1997].

    SECTION 46. SENATE SOURCE: IC 12-17.2-3; (97)SE0005.1.45. --> ENROLLED ACT 74-1997, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: SECTION 8. (a) The governor shall make the initial appointments to the Indiana hypnotist committee established by IC 25-20.5-1-7 , as added by this act, before July 1, 1997.     (b) Notwithstanding IC 25-20.5-1-7 , as added by this act, the initial terms of office of the members of the Indiana hypnotist committee are as follows:
        (1) One (1) hypnotist member and the licensed psychologist member for terms of one (1) year.
        (2) One (1) hypnotist member and the consumer member for terms of two (2) years.
        (3) One (1) hypnotist member and the physician member for terms of three (3) years.
    (c) Notwithstanding IC 25-20.5-1-7 , as added by this act, an individual appointed to the Indiana hypnotist committee as a member under this SECTION does not need to be certified as a hypnotist. However, a hypnotist member must have completed at least three hundred (300) supervised classroom hours of hypnotism education from a school that is approved by the Indiana commission on proprietary education under IC 20-1-19 or by any other state that has requirements as stringent as required in Indiana. No two (2) hypnotist members appointed to the Indiana hypnotist committee may belong to the same professional hypnosis association (as defined by IC 25-20.5-1-6).
    (d) Notwithstanding IC 25-20.5-1-15 , as added by this act, an individual who applies for certification to the Indiana hypnotist committee before January 1, 1998, may:
        (1) be certified as a hypnotist without being required to take the examination if the individual has completed at least three hundred (300) supervised classroom hours of hypnotism education from a school that is approved by the Indiana commission on proprietary education under IC 20-1-19 or by any other state that has requirements as stringent as required in Indiana; or
        (2) take the examination, notwithstanding the individual's failure to meet the requirements of IC 25-20.5-1-10(a) (1)(C), IC 25-20.5-1-11(a)(1)(C), as added by this act, if the individual meets the other requirements under IC 25-20.5-1-10 , IC 25-20.5-1-11, as added by this act, and has had at least ten (10) years of continued experience in hypnotism or has completed before July 1, 1997, a course in hypnotism from a state approved school that included less than three hundred (300) classroom hours .
    (e) This SECTION expires July 1, 2000.
SOURCE: ; (97)SE0005.1.47. -->

    SECTION 47. An emergency is declared for this act.