January 18, 2013
SENATE BILL No. 85
_____
DIGEST OF SB 85
(Updated January 16, 2013 11:04 am - DI 106)
Citations Affected: Numerous provisions throughout the Indiana
Code.
Synopsis: Technical corrections. Resolves: (1) technical conflicts
between differing 2012 amendments to Indiana Code sections; and (2)
other technical problems in the Indiana Code, including incorrect
statutory references, nonstandard tabulation, grammatical problems,
and omissions from the comprehensive definitions chapter of Title 35.
Strikes subsections that have expired by their own terms. Updates
statutory population parameters that were not updated by
P.L.119-2012.
Effective: Upon passage; April 1, 2012 (retroactive); January 1, 2013
(retroactive); July 1, 2013.
Young R Michael, Arnold, Banks,
Taylor, Randolph
January 7, 2013, read first time and referred to Committee on Judiciary.
January 17, 2013, amended, reported favorably _ Do Pass.
January 18, 2013
First Regular Session 118th General Assembly (2013)
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 2012 Regular Session of the General Assembly.
SENATE BILL No. 85
A BILL FOR AN ACT to amend the Indiana Code concerning
general provisions.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 1-1-3.5-8; (13)SB0085.1.1. -->
SECTION 1. IC 1-1-3.5-8, AS ADDED BY P.L.119-2012,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
APRIL 1, 2012 (RETROACTIVE)]: Sec. 8. (a) A reference in this
section to amendments made to a statute is a reference to amendments
made during the 2012 regular session of the general assembly.
(b) Notwithstanding any other bill enacted during the 2012 regular
session of the Indiana general assembly, this subsection applies to each
SECTION of each bill enacted during the 2012 regular session of the
Indiana general assembly that satisfies all the following:
(1) The SECTION amends a noncode statute or a provision of the
Indiana Code.
(2) The SECTION takes effect before April 1, 2012.
(3) The SECTION contains an amendment to a population
parameter.
The amendment to a population parameter in a SECTION described in
this subsection takes effect April 1, 2012, and the amendment to other
provisions in a SECTION described in this subsection take effect as
otherwise provided in the bill described in this subsection.
(c) Notwithstanding any other bill enacted during the 2012 regular
session of the Indiana general assembly, this subsection applies to each
SECTION of each bill enacted during the 2012 regular session of the
Indiana general assembly that satisfies all the following:
(1) The SECTION enacts a noncode statute or a new provision of
the Indiana Code.
(2) The SECTION takes effect before April 1, 2012.
(3) The SECTION contains a population parameter.
Notwithstanding section 3 of this chapter, a population parameter in a
SECTION described in this subsection refers to the population of the
described political subdivisions as tabulated following the 2010
Decennial Census and delivered to the state by the United States
Secretary of Commerce under 13 U.S.C. 141 and received by the
governor during 2011.
(d) The amendments to change the population parameters in
IC 5-13-9-5.6 take effect April 1, 2012. Any other amendments to
IC 5-13-9-5.6 take effect July 1, 2012.
(e) The following apply to the indicated sections of the Indiana
Code repealed during the 2012 session of the general assembly:
(1) The population parameters in IC 9-23-2-2 refer to the City of
Gary from April 1, 2012, to July 1, 2012.
(2) The population parameters in IC 9-23-2-4 refer to the City of
Gary from April 1, 2012, to July 1, 2012.
(3) (e) The population parameters in IC 11-10-5-4 (repealed,
effective July 1, 2012) refer to the following from April 1, 2012, to
July 1, 2012:
(A) (1) Parke County in IC 11-10-5-4(f)(1).
(B) (2) Hendricks County in IC 11-10-5-4(f)(2).
(f) The amendments to change the population parameters in
IC 7.1-3-20-16 are effective April 1, 2012.
(g) The amendments to change the population parameters in
IC 36-2-13-15.3 are effective April 1, 2012.
(h) The amendments to change the population parameters in
IC 36-8-8-7 are effective April 1, 2012.
(i) The amendments to change the population parameters in
IC 36-2-13-15.3 are effective April 1, 2012.
(j) Notwithstanding any other bill enacted during the 2012
regular session of the Indiana general assembly, this subsection
applies to each SECTION of each bill enacted during the 2012
regular session of the Indiana general assembly that satisfies all of
the following:
(1) The SECTION amends a noncode statute or a provision of
the Indiana Code.
(2) The SECTION, according to its effective date provision,
takes effect after April 1, 2012.
(3) The SECTION contains an amendment to a population
parameter.
In a SECTION described in this subsection, the amendment to the
population parameter takes effect April 1, 2012, and any
amendment to a provision other than a population parameter takes
effect as otherwise provided in the bill containing the SECTION.
SOURCE: IC 2-5.5; (13)SB0085.1.2. -->
SECTION 2. IC 2-5.5 IS REPEALED [EFFECTIVE UPON
PASSAGE]. (TEMPORARY LEGISLATIVE STUDY
COMMITTEES).
SOURCE: IC 3-11-4-17; (13)SB0085.1.3. -->
SECTION 3. IC 3-11-4-17, AS AMENDED BY P.L.96-2012,
SECTION 3, AND AS AMENDED BY P.L.121-2012, SECTION 3, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 17. Upon receipt of an
application for an absentee ballot, a circuit court clerk shall file the
application in the clerk's office and record all of the following in the
statewide voter registration list maintained under IC 3-7-26.3:
(1) The voter's name.
(2) The date the application is received.
(3) The information provided by the voter under section 5.1(d) of
this chapter.
(3) (4) The date the ballot is sent to the voter.
(4) (5) If mailed, the address to which the ballot is sent.
(5) (6) If transmitted by fax, the fax number to which the ballot is
faxed.
(6) (7) The date the ballot is marked before the clerk or otherwise
received from the voter.
(7) (8) The combined total number of absentee ballots sent by the
county to absent uniformed services voters and overseas voters.
(8) (9) The total number of absentee ballots returned by voters
described in subdivision (7) (8) in time to be counted.
(9) (10) The total number of absentee ballots described in
subdivision (7) (8) that were counted in whole or in part.
(10) (11) Any other information that is necessary or advisable.
SOURCE: IC 4-3-3-1.1; (13)SB0085.1.4. -->
SECTION 4. IC 4-3-3-1.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1.1. (a) An
individual who holds the office of governor for any length of time
during one (1) term of that office is entitled to receive an annual
retirement benefit under subsection (e).
Provided, However, an
individual who succeeds to the office of governor without being elected
is not entitled to an annual retirement benefit under this section unless
such person serves for more than one (1) year of the term of the office.
(b) An individual who holds the office of governor for any length of
time during each of two (2) separate terms of that office is entitled to
receive an annual retirement benefit under subsection (f).
(c) If an individual who holds the office of governor resigns or is
removed from office, during a term of that office, for any reason except
a mental or physical disability that renders him the individual unable
to discharge the powers and duties of the office, then the term during
which he the individual resigned or was removed may not be
considered for determining his the individual's annual retirement
benefit under this section.
(d) The retirement benefit shall be paid in equal monthly
installments by the treasurer of state on warrant of the auditor of state
after a claim has been made for the retirement benefit to the auditor by
the governor or a person acting on his the governor's behalf. A
governor shall choose the date on which he the governor will begin
receiving his the governor's retirement benefit. However, the date
must be the first state employee payday of a month. A governor may
not receive the retirement benefit as long as he the governor holds an
elective position with any federal, state, or local governmental unit, and
he the governor may not receive the retirement benefit until he the
governor has reached at least age sixty-two (62) years. The governor's
choice of initial benefit payment date and the governor's choice of
benefit payment amount under subsections (e) and (f) are revocable
until the governor receives the first monthly installment of his the
governor's retirement benefit. After that installment is received, the
choice of date and the choice of amount are irrevocable.
(e) With respect to a governor who is entitled to a retirement benefit
under subsection (a):
(1) if he the governor chooses to begin receiving his the
governor's retirement benefit on or after the date he the
governor reaches age sixty-two (62) years but before he the
governor reaches age sixty-five (65) years, he the governor may
choose to receive:
(A) the retirement benefits he the governor is entitled to, if
any, from the public employees' retirement fund; or
(B) thirty percent (30%) of the governor's annual salary set in
IC 4-2-1-1 for the remainder of his the governor's life; or
(2) if he the governor chooses to begin receiving his the
governor's retirement benefit on or after the date he the
governor reaches age sixty-five (65) years, he the governor may
choose to receive:
(A) the retirement benefits he the governor is entitled to, if
any, from the public employees' retirement fund; or
(B) forty percent (40%) of the governor's annual salary set in
IC 4-2-1-1 for the remainder of his the governor's life.
(f) With respect to a governor who is entitled to a retirement benefit
under subsection (b):
(1) if he the governor chooses to begin receiving his the
governor's retirement benefit on or after the date he the
governor reaches age sixty-two (62) years but before he the
governor reaches age sixty-five (65) years, he the governor may
choose to receive:
(A) the retirement benefits he the governor is entitled to, if
any, from the public employees' retirement fund; or
(B) forty percent (40%) of the governor's annual salary set in
IC 4-2-1-1 for the remainder of his the governor's life; or
(2) if he the governor chooses to begin receiving his the
governor's retirement benefit on or after the date he the
governor reaches age sixty-five (65) years, he the governor may
choose to receive:
(A) the retirement benefits he the governor is entitled to, if
any, from the public employees' retirement fund; or
(B) fifty percent (50%) of the governor's annual salary set in
IC 4-2-1-1 for the remainder of his the governor's life.
SOURCE: IC 4-13-1-25; (13)SB0085.1.5. -->
SECTION 5. IC 4-13-1-25, AS ADDED BY P.L.14-2012,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 25. (a) As used in this section, "emergency
services equipment" refers to the following:
(1) Fire trucks.
(2) Emergency service vehicles.
(3) Firefighting tools.
(4) Protective wear.
(5) Breathing apparatuses.
(6) Communication devices, including hand held devices and
vehicle radios.
(7) Similar products used by public safety service providers.
(b) As used in this section, "public safety service provider" has the
meaning set forth in IC 10-19-9-2.
(c) As used in this section, "purchaser" includes the following:
(1) A political subdivision.
(2) A fire department established under IC 36-8-2-3.
(3) A volunteer fire department (as defined in IC 36-8-12-2).
(4) The board of fire trustees of a fire protection district
established under IC 36-8-11.
(5) The provider unit of a fire protection territory established
under IC 36-8-19.
(6) A law enforcement agency of a political subdivision.
(7) An emergency medical services agency of a political
subdivision.
(d) The department shall award quantity purchase agreements under
IC 5-22 to vendors for the purchase of emergency services equipment.
(e) A quantity purchase agreement awarded under this section must
require the vendor to offer to purchasers emergency services equipment
under the quantity purchase agreement.
(f) Purchasers may participate in the solicitation of purchase
purchases of emergency services equipment. To participate in the
solicitation of purchases of emergency services equipment, a
purchaser must do the following:
(1) Submit estimated quantities to the department.
(2) Commit to purchasing the minimum fill percentage submitted
for solicitation.
(g) The department may adopt rules under IC 4-22-2 for
management and control of the process by which purchasers may
purchase emergency services equipment under this section.
SOURCE: IC 4-13-19-10; (13)SB0085.1.6. -->
SECTION 6. IC 4-13-19-10, AS ADDED BY P.L.182-2009(ss),
SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 10. (a) The office of the department of child
services ombudsman shall prepare a report each year on the operations
of the office.
(b) The office of the department of child services ombudsman shall
include the following information in the annual report required under
subsection (a):
(1) The office of the department of child services ombudsman's
activities.
(2) The general status of children in Indiana, including:
(A) the health and education of children; and
(B) the administration or implementation of programs for
children.
(3) Any other issues, concerns, or information concerning
children.
(c) A copy of the report shall be provided to the following:
(1) The governor.
(2) The legislative council.
(3) The Indiana department of administration.
(4) The department of child services.
A report provided under this subsection to the legislative council must
be in an electronic format under IC 5-14-6.
(d) A copy of the report shall be posted on the department of child
services' Internet web site and on any Internet web site maintained by
the office of the department of child services ombudsman.
(e) An initial report summarizing the activities of the department of
child services ombudsman shall be completed by no later than
December 1, 2009, and a copy of the report shall be posted on the
department of child services' Internet web site and on any Internet web
site maintained by the office of the department of child services
ombudsman, and shall be provided to the following:
(1) The governor.
(2) The legislative council.
(3) The Indiana department of administration.
(4) The department of child services.
A report provided under this subsection to the legislative council must
be in an electronic format under IC 5-14-6. This subsection expires
December 31, 2009.
SOURCE: IC 4-23-7.1-37; (13)SB0085.1.7. -->
SECTION 7. IC 4-23-7.1-37, AS AMENDED BY P.L.100-2012,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 37. (a) The board shall appoint a director to
be the chief administrative officer of the state library.
(b) To qualify for the position of director, a person must:
(1) be a graduate of a college or university of recognized
standing;
(2) have had special training in the technique and organization of
library service; and
(3) possess such other qualifications as the board, in its discretion,
may deem necessary.
SOURCE: IC 4-23-7.1-39.1; (13)SB0085.1.8. -->
SECTION 8. IC 4-23-7.1-39.1, AS ADDED BY P.L.84-2012,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 39.1. (a) The state library advisory council is
established for the purpose of advising the board and the state librarian
concerning:
(1) general policies of the state library;
(2) plans or programs for library development and interlibrary
cooperation;
(3) library research;
(4) professional development for librarians;
(5) standards and rules for library services;
(6) administration and distribution of state and federal funds; and
(7) other matters as requested by the board and the state librarian.
(b) The advisory council consists of not more than fifteen (15)
members.
(c) The board shall appoint the members of the advisory council,
with nominations for appointment from library organizations and the
state librarian.
(d) Members of the advisory council shall serve two (2) year terms.
However, the board shall stagger the terms of the initial appointees.
(e) Notwithstanding subsection (d), if a member misses a majority
of the advisory council's meetings in a calendar year, the board may
remove the member and reappoint appoint a new member to serve the
remainder of the term of the member removed under this subsection.
(f) A member of the advisory council is not entitled to
compensation, per diem, or reimbursement for expenses.
(g) A quorum of the members must be present for the advisory
council to take any official action. A quorum of the advisory council
consists of a majority of the members appointed to the advisory
council. An affirmative vote by a majority of the members present is
needed for the advisory council to make a recommendation or take any
official action.
SOURCE: IC 5-13-9-5.7; (13)SB0085.1.9. -->
SECTION 9. IC 5-13-9-5.7, AS ADDED BY P.L.43-2012,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 5.7. (a) The fiscal body of a political
subdivision may adopt an investment policy authorizing the investment
of public funds of the political subdivision for more than two (2) years
and not more than five (5) years. The policy must:
(1) be in writing;
(2) be adopted at a public meeting;
(3) provide for the investment of public funds with the approval
of the investing officer;
(4) provide that the investments must be made in accordance with
this article;
(5) limit the total investments outstanding under this section to
not more than twenty-five percent (25%) of the total portfolio of
public funds invested by the political subdivision, including
balances in transaction accounts; and
(6) state a date on which the policy expires, which may not
exceed
be more than four (4) years
after the date on which the policy
takes effect.
(b) A policy adopted by a fiscal body under subsection (a) remains
in effect only through the date of expiration established in the policy,
which may not exceed be more than four (4) years after the date on
which the policy takes effect.
(c) A fiscal body that has adopted a written investment policy under
subsection (a) may adopt an ordinance authorizing its investing officer
to make investments having a stated final maturity that is:
(1) more than two (2) years; but
(2) not more than five (5) years;
after the date of purchase or entry into a repurchase agreement.
(d) An ordinance adopted by a fiscal body under subsection (c) and
the power to make an investment described in subsection (c) expire on
the date on which the policy expires, which may not exceed be more
than four (4) years after the date on which the policy takes effect.
(e) After an investment of public funds of a political subdivision is
made by the investing officer under this section, the total investments
of the political subdivision outstanding under this section may not
exceed twenty-five percent (25%) of the total portfolio of public funds
invested by the political subdivision, including balances in transaction
accounts. However, an investment that complies with this section when
the investment is made remains legal even if:
(1) the investment policy has expired; or
(2) a subsequent decrease in the total portfolio of public funds
invested by the political subdivision, including balances in
transaction accounts, causes the percentage of investments
outstanding under this section to exceed twenty-five percent
(25%) of the total portfolio of public funds invested by the
political subdivision.
(f) An investing officer may contract with a federally regulated
investment advisor or other institutional money manager to make
investments under this section.
SOURCE: IC 5-22-1-0.1; (13)SB0085.1.10. -->
SECTION 10. IC 5-22-1-0.1, AS ADDED BY P.L.220-2011,
SECTION 100, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 0.1. The amendments made to
section 3 of this chapter by P.L.222-2005 in the 2005 regular session
of the general assembly apply only to a contract entered into or
renewed after May 11, 2005. May 6, 2005.
SOURCE: IC 5-22-2-0.1; (13)SB0085.1.11. -->
SECTION 11. IC 5-22-2-0.1, AS ADDED BY P.L.220-2011,
SECTION 101, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 0.1. The amendments made to
section 1 of this chapter by P.L.222-2005 in the 2005 regular session
of the general assembly apply only to a contract entered into or
renewed after May 11, 2005. May 6, 2005.
SOURCE: IC 5-22-3-0.1; (13)SB0085.1.12. -->
SECTION 12. IC 5-22-3-0.1, AS ADDED BY P.L.220-2011,
SECTION 102, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 0.1. The addition of section 7
of this chapter by P.L.222-2005 in the 2005 regular session of the
general assembly applies only to a contract entered into or renewed
after May 11, 2005. May 6, 2005.
SOURCE: IC 5-28-33-3; (13)SB0085.1.13. -->
SECTION 13. IC 5-28-33-3, AS ADDED BY P.L.152-2009,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. (a) The corporation shall develop a high
speed Internet service deployment and adoption initiative that includes
the creation of a statewide geographic information system (GIS) of
available telecommunications and information technology services,
including high speed Internet service.
(b) The corporation shall map the availability of broadband service
by census blocks established by the Bureau of the Census and depicted
in the GIS. A map created under this subsection may:
(1) include the percentage of households that have access to
broadband service; and
(2) use the Federal Communications Commission benchmark
rates for broadband service to identify different speed tiers.
(c) After creating the map under subsection (b), the corporation
shall update the GIS at least every six (6) months. This subsection
expires December 31, 2010.
(d) (c) The corporation shall share the map created under subsection
(b) and the GIS, including updates, with the Indiana Geographic
Information Council (as referred to in IC 4-23-7.3-6) as a data layer to
the statewide base map (as defined in IC 4-23-7.3-11).
SOURCE: IC 6-1.1-18-12; (13)SB0085.1.14. -->
SECTION 14. IC 6-1.1-18-12, AS AMENDED BY P.L.112-2012,
SECTION 34, AND AS AMENDED BY P.L.137-2012, SECTION 30,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 12. (a) For purposes of this
section, "maximum rate" refers to the maximum:
(1) property tax rate or rates; or
(2) special benefits tax rate or rates;
referred to in the statutes listed in subsection (d).
(b) The maximum rate for taxes first due and payable after 2003 is
the maximum rate that would have been determined under subsection
(e) for taxes first due and payable in 2003 if subsection (e) had applied
for taxes first due and payable in 2003.
(c) The maximum rate must be adjusted each year to account for the
change in assessed value of real property that results from:
(1) an annual adjustment of the assessed value of real property
under IC 6-1.1-4-4.5;
or
(2) a general reassessment of real property under IC 6-1.1-4-4;
or
(3) a reassessment under a county's reassessment plan prepared
under IC 6-1.1-4-4.2.
(d) The statutes to which subsection (a) refers are:
(1) IC 8-10-5-17;
(2) IC 8-22-3-11;
(3) IC 8-22-3-25;
(4) IC 12-29-1-1;
(5) IC 12-29-1-2;
(6) IC 12-29-1-3;
(7) IC 12-29-3-6;
(8) IC 13-21-3-12;
(9) IC 13-21-3-15;
(10) IC 14-27-6-30;
(11) IC 14-33-7-3;
(12) IC 14-33-21-5;
(13) IC 15-14-7-4;
(14) IC 15-14-9-1;
(15) IC 15-14-9-2;
(16) IC 16-20-2-18;
(17) IC 16-20-4-27;
(18) IC 16-20-7-2;
(19) IC 16-22-14;
(20) IC 16-23-1-29;
(21) IC 16-23-3-6;
(22) IC 16-23-4-2;
(23) IC 16-23-5-6;
(24) IC 16-23-7-2;
(25) IC 16-23-8-2;
(26) IC 16-23-9-2;
(27) IC 16-41-15-5;
(28) IC 16-41-33-4;
(29) IC 20-46-2-3 (before its repeal on January 1, 2009);
(30) IC 20-46-6-5;
(31) IC 20-49-2-10;
(32) IC 36-1-19-1;
(33) IC 23-14-66-2;
(34) IC 23-14-67-3;
(35) IC 36-7-13-4;
(36) IC 36-7-14-28;
(37) IC 36-7-15.1-16;
(38) IC 36-8-19-8.5;
(39) IC 36-9-6.1-2;
(40) IC 36-9-17.5-4;
(41) IC 36-9-27-73;
(42) IC 36-9-29-31;
(43) IC 36-9-29.1-15;
(44) IC 36-10-6-2;
(45) IC 36-10-7-7;
(46) IC 36-10-7-8;
(47) IC 36-10-7.5-19;
(48) IC 36-10-13-5;
(49) IC 36-10-13-7;
(50) IC 36-10-14-4;
(51) IC 36-12-7-7;
(52) IC 36-12-7-8;
(53) IC 36-12-12-10;
(54) a statute listed in IC 6-1.1-18.5-9.8; and
(54) (55) any statute enacted after December 31, 2003, that:
(A) establishes a maximum rate for any part of the:
(i) property taxes; or
(ii) special benefits taxes;
imposed by a political subdivision; and
(B) does not exempt the maximum rate from the adjustment
under this section.
(e)
For property tax rates imposed for property taxes first due and
payable after December 31, 2012, the new maximum rate under a
statute listed in subsection (d) is the tax rate determined under STEP
SEVEN EIGHT of the following STEPS:
STEP ONE:
Except as provided in subsection (g), determine the
maximum rate for the political subdivision levying a property tax
or special benefits tax under the statute for the year preceding the
year in which the annual adjustment or
general the reassessment
under IC 6-1.1-4-4 or IC 6-1.1-4-4.2 takes effect.
STEP TWO:
Except as provided in subsection (g), Determine the
actual percentage change (rounded to the nearest one-hundredth
percent (0.01%)) in the assessed value (before the adjustment, if
any, under IC 6-1.1-4-4.5) of the taxable property from the year
preceding the year the annual adjustment or
general the
reassessment
under IC 6-1.1-4-4 or IC 6-1.1-4-4.2 takes effect to
the year that the annual adjustment or
general the reassessment
under IC 6-1.1-4-4 or IC 6-1.1-4-4.2 takes effect.
STEP THREE: Determine the three (3) calendar years that
immediately precede the ensuing calendar year and in which a
statewide general reassessment of real property under
IC 6-1.1-4-4 does not first take effect.
STEP FOUR: Except as provided in subsection (g), Compute
separately, for each of the calendar years determined in STEP
THREE, the actual percentage change (rounded to the nearest
one-hundredth percent (0.01%)) in the assessed value (before the
adjustment, if any, under IC 6-1.1-4-4.5) of the taxable property
from the preceding year.
STEP FIVE: Divide the sum of the three (3) quotients computed
in STEP FOUR by three (3).
STEP SIX: Determine the greater of the following:
(A) Zero (0).
(B) The STEP FIVE result.
STEP SIX: SEVEN: Determine the greater of the following:
(A) Zero (0).
(B) The result of the STEP TWO percentage minus the STEP
FIVE SIX percentage.
STEP SEVEN: EIGHT: Determine the quotient of the STEP ONE
tax rate divided by the sum of one (1) plus the STEP SIX SEVEN
percentage. increase.
(f) The department of local government finance shall compute the
maximum rate allowed under subsection (e) and provide the rate to
each political subdivision with authority to levy a tax under a statute
listed in subsection (d).
(g) This subsection applies to STEP TWO and STEP FOUR of
subsection (e) for taxes first due and payable after 2011. If the
assessed value change used in the STEPS was not an increase, the
STEPS are applied using instead:
(1) the actual percentage decrease (rounded to the nearest
one-hundredth percent (0.01%)) in the assessed value (before the
adjustment, if any, under IC 6-1.1-4-4.5) of the taxable property;
or
(2) zero (0) if the assessed value did not increase or decrease.
(g) This subsection applies only when calculating the maximum rate
for taxes due and payable in calendar year 2013. The STEP ONE
result is the greater of the following:
(1) The actual maximum rate established for property taxes first
due and payable in calendar year 2012.
(2) The maximum rate that would have been established for
property taxes first due and payable in calendar year 2012 if the
maximum rate had been established under the formula under this
section, as amended in the 2012 session of the general assembly.
SOURCE: IC 6-1.1-18.5-9.8; (13)SB0085.1.15. -->
SECTION 15. IC 6-1.1-18.5-9.8 AS AMENDED BY P.L.112-2012,
SECTION 36, AND AS AMENDED BY P.L.137-2012, SECTION 33,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 9.8. (a) For purposes of
determining the property tax levy limit imposed on a city, town, or
county under section 3 of this chapter, the city, town, or county's ad
valorem property tax levy for a particular calendar year does not
include an amount equal to the lesser of:
(1) the amount of ad valorem property taxes that would be first
due and payable to the city, town, or county during the ensuing
calendar year if the taxing unit imposed the maximum permissible
property tax rate per one hundred dollars ($100) of assessed
valuation that the civil taxing unit may impose for the particular
calendar year under the authority of IC 36-9-14.5 (in the case of
a county) or IC 36-9-15.5 (in the case of a city or town); or
(2) the excess, if any, of:
(A) the property taxes imposed by the city, town, or county
under the authority of:
IC 3-11-6-9;
IC 8-16-3;
IC 8-16-3.1;
IC 8-22-3-25;
IC 14-27-6-48;
IC 14-33-9-3;
IC 16-22-8-41;
IC 16-22-5-2 through IC 16-22-5-15;
IC 16-23-1-40;
IC 36-8-14;
IC 36-9-4-48;
IC 36-9-14;
IC 36-9-14.5;
IC 36-9-15;
IC 36-9-15.5;
IC 36-9-16;
IC 36-9-16.5;
IC 36-9-17;
IC 36-9-26;
IC 36-9-27-100;
IC 36-10-3-21; or
IC 36-10-4-36;
that are first due and payable during the ensuing calendar year;
over
(B) the property taxes imposed by the city, town, or county
under the authority of the citations listed in clause (A) that
were first due and payable during calendar year 1984.
(b) The maximum property tax rate levied under the statutes listed
in subsection (a) must be adjusted each year to account for the change
in assessed value of real property that results from:
(1) an annual adjustment of the assessed value of real property
under IC 6-1.1-4-4.5;
(2) a general reassessment of real property under IC 6-1.1-4-4;
or
(3) a reassessment under a county's reassessment plan prepared
under IC 6-1.1-4-4.2.
(c) The new maximum rate under a statute listed in subsection (a)
is the tax rate determined under STEP SEVEN of the following
formula:
STEP ONE: Determine the maximum rate for the political
subdivision levying a property tax under the statute for the year
preceding the year in which the annual adjustment or the
reassessment under IC 6-1.1-4-4 or IC 6-1.1-4-4.2 takes effect.
STEP TWO: Subject to subsection (e), determine the actual
percentage change (rounded to the nearest one-hundredth
percent (0.01%)) in the assessed value (before the adjustment, if
any, under IC 6-1.1-4-4.5) of the taxable property from the year
preceding the year the annual adjustment or the reassessment
under IC 6-1.1-4-4 or IC 6-1.1-4-4.2 takes effect to the year that
the annual adjustment or the reassessment is effective.
STEP THREE: Determine the three (3) calendar years that
immediately precede the ensuing calendar year and in which a
statewide general reassessment of real property under
IC 6-1.1-4-4 does not first become effective.
STEP FOUR: Subject to subsection (e), compute separately, for
each of the calendar years determined in STEP THREE, the
actual percentage change (rounded to the nearest one-hundredth
percent (0.01%)) in the assessed value (before the adjustment, if
any, under IC 6-1.1-4-4.5) of the taxable property from the
preceding year.
STEP FIVE: Divide the sum of the three (3) quotients computed
in STEP FOUR by three (3).
STEP SIX: Determine the greater of the following:
(A) Zero (0).
(B) The result of the STEP TWO percentage minus the STEP
FIVE percentage.
STEP SEVEN: Determine the quotient of the STEP ONE tax rate
divided by the sum of one (1) plus the STEP SIX percentage
increase.
(d) The department of local government finance shall compute the
maximum rate allowed under subsection (c) and provide the rate to
each political subdivision with authority to levy a tax under a statute
listed in subsection (a).
(e) This subsection applies to STEP TWO and STEP FOUR of
subsection (c) for taxes first due and payable after 2011. If the
assessed value change used in the STEPS was not an increase, the
STEPS are applied using instead:
(1) the actual percentage decrease (rounded to the nearest
one-hundredth percent (0.01%)) in the assessed value (before the
adjustment, if any, under IC 6-1.1-4-4.5) of the taxable property;
or
(2) zero (0) if the assessed value did not increase or decrease.
SOURCE: IC 6-1.1-22.5-12; (13)SB0085.1.16. -->
SECTION 16. IC 6-1.1-22.5-12, AS AMENDED BY P.L.172-2011,
SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 12. (a) Except as provided by subsection (c),
each reconciling statement must be on a form prescribed by the
department of local government finance and must indicate:
(1) the actual property tax liability under this article for the
calendar year for which the reconciling statement is issued;
(2) the total amount paid under the provisional statement for the
property for which the reconciling statement is issued;
(3) if the amount under subdivision (1) exceeds the amount under
subdivision (2), that the excess is payable by the taxpayer:
(A) as a final reconciliation of the tax liability; and
(B) not later than:
(i) thirty (30) days after the date of the reconciling
statement;
(ii) if the county treasurer requests in writing that the
commissioner designate a later date, the date designated by
the commissioner; or
(iii) the date specified in an ordinance adopted under section
18.5 of this chapter; and
(4) if the amount under subdivision (2) exceeds the amount under
subdivision (1), that the taxpayer may claim a refund of the excess
under IC 6-1.1-26.
(b) If, upon receipt of the abstract required by IC 6-1.1-22-5 or upon
determination of the tax rate of the cross-county entity referred to in
section 6.5 of this chapter, the county treasurer determines that it is
possible to complete the:
(1) preparation; and
(2) mailing or transmittal;
of the reconciling statement at least thirty (30) days before the due date
of the second installment specified in the provisional statement, the
county treasurer may request in writing that the department of local
government finance permit the county treasurer to issue a reconciling
statement that adjusts the amount of the second installment that was
specified in the provisional statement. If the department approves the
county treasurer's request, the county treasurer shall prepare and mail
or transmit the reconciling statement at least thirty (30) days before the
due date of the second installment specified in the provisional
statement.
(c) A reconciling statement prepared under subsection (b) must
indicate:
(1) the actual property tax liability under this article for the
calendar year for the property for which the reconciling statement
is issued;
(2) the total amount of the first installment paid under the
provisional statement for the property for which the reconciling
statement is issued;
(3) if the amount under subdivision (1) exceeds the amount under
subdivision (2), the adjusted amount of the second installment
that is payable by the taxpayer:
(A) as a final reconciliation of the tax liability; and
(B) not later than:
(i) November 10; or
(ii) if the county treasurer requests in writing that the
commissioner designate a later date, the date designated by
the commissioner; and
(4) if the amount under subdivision (2) exceeds the amount under
subdivision (1), that the taxpayer may claim a refund of the excess
under IC 6-1.1-26.
(d) At the election of a county auditor, a checklist required by
IC 6-1.1-22-8.1(b)(8) and a notice required by IC 6-1.1-22-8.1(b)(9)
may be sent to a taxpayer with a reconciling statement under this
section. This subsection expires January 1, 2013.
(e) (d) In a county in which an authorizing ordinance is adopted
under IC 6-1.1-22-8.1(h), a person may direct the county treasurer to
transmit a reconciling statement by electronic mail under
IC 6-1.1-22-8.1(h).
(f) (e) A reconciling statement may include any adjustment
authorized by the department of local government finance under
section 8(e) of this chapter and approved by the county treasurer.
SOURCE: IC 6-1.1-35.5-4.5; (13)SB0085.1.17. -->
SECTION 17. IC 6-1.1-35.5-4.5, AS AMENDED BY P.L.146-2012,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4.5. (a) The department shall:
(1) administer a program for level three assessor-appraiser
certifications;
(2) design a curriculum for level three assessor-appraiser
certification candidates that:
(A) specifies educational criteria for acceptable tested courses
offered by:
(i) nationally recognized assessing organizations;
(ii) postsecondary educational institutions; or
(iii) other education delivery organizations;
in each subject matter area of the curriculum; and
(B) requires superior knowledge of assessment administration
and property valuation concepts; and
(3) carry out a program to approve courses that meet the
requirements of the curriculum described in subdivision (2) and
approve course sponsors that provide these courses.
Only an approved sponsor may offer a course that meets the curriculum
requirements for level three assessor-appraiser certification candidates.
The department shall establish procedures and requirements for
courses and course sponsors that permit the department to verify that
sponsors and courses meet the standards established by the department
and that candidates comply with these standards. The department shall
maintain a list of approved sponsors and approved courses that meet
the criteria for the level three assessor-appraiser certification
curriculum designed under subsection (a)(2).
(b) The department of local government finance may adopt rules
under IC 4-22-2 to implement this section. The department of local
government may adopt temporary rules in the manner provided for the
adoption of emergency rules in IC 4-22-2-37.1 to carry out a program
to approve courses that meet the requirements of the curriculum
described in subdivision (2) and approve course sponsors that provide
these courses. A temporary rule adopted under this subsection expires
on the earliest of the following:
(1) The date specified in the temporary rule.
(2) The date that another temporary rule or rule adopted under
IC 4-22-2 supersedes or repeals the temporary rule.
(3) January 1, 2014.
SOURCE: IC 6-1.1-36-17; (13)SB0085.1.18. -->
SECTION 18. IC 6-1.1-36-17, AS ADDED BY P.L.87-2009,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 17. (a) As used in this section, "nonreverting
fund" refers to a nonreverting fund established under subsection (c).
(b) Each county auditor that makes a determination that property
was not eligible for a standard deduction under IC 6-1.1-12-37 or a
homestead credit under IC 6-1.1-20.9 (repealed) in a particular year
shall notify the county treasurer of the determination. The county
auditor shall issue a notice of taxes, interest, and penalties due to the
owner and include a statement that the payment is to be made payable
to the county auditor. The notice must require full payment of the
amount owed within thirty (30) days.
(c) Each county auditor shall establish a nonreverting fund. Upon
collection of the adjustment in tax due (and any interest and penalties
on that amount) after the termination of a deduction or credit as
specified in subsection (b), the county treasurer shall deposit that
amount in the nonreverting fund. Any part of the amount that is not
collected by the due date shall be placed on the tax duplicate for the
affected property and collected in the same manner as other property
taxes. The adjustment in tax due (and any interest and penalties on that
amount) after the termination of a deduction or credit as specified in
subsection (b) shall be deposited in the nonreverting fund only in the
first year in which that amount is collected.
(d) The amount to be deposited in the nonreverting fund includes
adjustments in the tax due as a result of the termination of deductions
or credits available only for property that satisfies the eligibility for a
standard deduction under IC 6-1.1-12-37 or a homestead credit under
IC 6-1.1-20.9 (repealed), including the following:
(1) Supplemental deductions under IC 6-1.1-12-37.5.
(2) Homestead credits under IC 6-1.1-20.4, IC 6-3.5-1.1-26,
IC 6-3.5-6-13, IC 6-3.5-6-32, IC 6-3.5-7-13.1, or IC 6-3.5-7-26,
or any other law.
(3) Credit for excessive property taxes under IC 6-1.1-20.6-7.5 or
IC 6-1.1-20.6-8.5.
Any amount paid that exceeds the amount required to be deposited in
the nonreverting fund shall be distributed as property taxes.
(e) Money in the nonreverting fund shall be treated as miscellaneous
revenue. Distributions shall be made from the nonreverting fund
established under this section upon appropriation by the county fiscal
body and shall be made only for the following purposes:
(1) Fees and other costs incurred by the county auditor to discover
property that is eligible for a standard deduction under
IC 6-1.1-12-37 or a homestead credit under IC 6-1.1-20.9
(repealed).
(2) Other expenses of the office of the county auditor.
(3) The cost of preparing, sending, and processing notices
described in IC 6-1.1-22-8.1(b)(9). and checklists or notices
described in IC 6-1.1-22.5-12(d).
The amount of deposits in a reverting fund, the balance of a
nonreverting fund, and expenditures from a reverting fund may not be
considered in establishing the budget of the office of the county auditor
or in setting property tax levies that will be used in any part to fund the
office of the county auditor.
SOURCE: IC 6-1.1-37-11; (13)SB0085.1.19. -->
SECTION 19. IC 6-1.1-37-11, AS AMENDED BY P.L.137-2012,
SECTION 40, AND AS AMENDED BY P.L.146-2012, SECTION 7,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 11. (a) If a taxpayer is entitled
to a property tax refund or credit because an assessment is decreased,
the taxpayer shall also be paid, or credited with, interest on the excess
taxes that the taxpayer paid at the rate of four percent (4%) per annum.
However, in the case of an assessment that is decreased by the Indiana
board or the Indiana tax court, the taxpayer is not entitled to the
greater of five hundred dollars ($500) or twenty percent (20%) of the
interest to which the taxpayer would otherwise be entitled on the
excess taxes unless the taxpayer affirms, under penalty of perjury, that
substantive evidence supporting the taxpayer's position had been:
(1) presented by the taxpayer to the assessor before; or
(2) introduced by the taxpayer at;
the hearing held by the county property tax assessment board of
appeals. An appraisal may not be required by the county property tax
assessment board of appeals or the assessor in a proceeding before the
county property tax assessment board of appeals or in a preliminary
informal meeting under IC 6-1.1-15-1(h)(2).
(b) For purposes of this section and except as provided in subsection
(c), the interest shall be computed from the date on which the taxes
were paid or due, whichever is later, to the date of the refund or credit.
If a taxpayer is sent a provisional tax statement and is later sent a final
or reconciling tax statement, interest shall be computed after the date
on which the taxes were paid or first due under the provisional tax
statement, whichever is later, through the date of the refund or credit.
(c) This subsection applies if a taxpayer who is entitled to a refund
or credit does not make a written request for the refund or credit to the
county auditor within forty-five (45) days after the final determination
of the county property tax assessment board of appeals, the state board
of tax commissioners, the department of local government finance, the
Indiana board, or the tax court that entitles the taxpayer to the refund
or credit. In the case of a taxpayer described in this subsection, the
interest shall be computed from the date on which the taxes were paid
or due to the date that is forty-five (45) days after the final
determination of the county property tax assessment board of appeals,
the state board of tax commissioners, the department of local
government finance, the Indiana board of tax review, or the Indiana tax
court. In any event, a property tax refund or credit must be issued not
later than ninety (90) days after the request is received.
SOURCE: IC 6-2.5-3-2; (13)SB0085.1.20. -->
SECTION 20. IC 6-2.5-3-2, AS AMENDED BY P.L.153-2012,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. (a) An excise tax, known as the use tax, is
imposed on the storage, use, or consumption of tangible personal
property in Indiana if the property was acquired in a retail transaction,
regardless of the location of that transaction or of the retail merchant
making that transaction.
(b) The use tax is also imposed on the storage, use, or consumption
of a vehicle, an aircraft, or a watercraft, if the vehicle, aircraft, or
watercraft:
(1) is acquired in a transaction that is an isolated or occasional
sale; and
(2) is required to be titled, licensed, or registered by this state for
use in Indiana.
(c) The use tax is imposed on the addition of tangible personal
property to a structure or facility, if, after its addition, the property
becomes part of the real estate on which the structure or facility is
located. However, the use tax does not apply to additions of tangible
personal property described in this subsection, if:
(1) the state gross retail or use tax has been previously imposed
on the sale or use of that property; or
(2) the ultimate purchaser or recipient of that property would have
been exempt from the state gross retail and use taxes if that
purchaser or recipient had directly purchased the property from
the supplier for addition to the structure or facility.
(d) The use tax is imposed on a person who:
(1) manufactures, fabricates, or assembles tangible personal
property from materials either within or outside Indiana; and
(2) uses, stores, distributes, or consumes tangible personal
property in Indiana.
(e) Notwithstanding any other provision of this section, the use tax
is not imposed on the keeping, retaining, or exercising of any right or
power over tangible personal property, if:
(1) the property is delivered into Indiana by or for the purchaser
of the property;
(2) the property is delivered in Indiana for the sole purpose of
being processed, printed, fabricated, or manufactured into,
attached to, or incorporated into other tangible personal property;
and
(3) the property is subsequently transported out of state for use
solely outside Indiana.
(f) As used in subsection (g) and IC 6-2.5-5-42:
(1) "completion work" means the addition of tangible personal
property to or reconfiguration of the interior of an aircraft, if the
work requires the issuance of an airworthiness certificate from
the:
(A) Federal Aviation Administration; or
(B) equivalent foreign regulatory authority;
due to the change in the type certification basis of the aircraft
resulting from the addition to or reconfiguration of the interior of
the aircraft;
(2) "delivery" means the physical delivery of the aircraft
regardless of who holds title; and
(3) "prepurchase evaluation" means an examination of an aircraft
by a potential purchaser for the purpose of obtaining information
relevant to the potential purchase of the aircraft.
(g) Notwithstanding any other provision of this section, the use tax
is not imposed on the keeping, retaining, or exercising of any right or
power over an aircraft, if:
(1) the aircraft is or will be titled, registered, or based (as defined
in IC 6-6-6.5-1(m)) in another state or country;
(2) the aircraft is delivered to Indiana by or for a nonresident
owner or purchaser of the aircraft;
(3) the aircraft is delivered to Indiana for the sole purpose of
being repaired, refurbished, remanufactured, or subjected to
completion work or a prepurchase evaluation; and
(4) after completion of the repair, refurbishment, remanufacture,
completion work, or prepurchase evaluation, the aircraft is
transported to a destination outside Indiana.
(h) The amendments made to this section by the act enacted in 2012
P.L.153-2012 shall be interpreted to specify and not to change the
general assembly's intent with respect to this section.
SOURCE: IC 6-2.5-8-7; (13)SB0085.1.21. -->
SECTION 21. IC 6-2.5-8-7, AS AMENDED BY P.L.78-2012,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec.
7. (a) The department may, for good cause,
revoke a certificate issued under section 1, 3, or 4 of this chapter.
However, the department must give the certificate holder at least five
(5) days notice before it revokes the certificate under this subsection.
(b) The department shall revoke a certificate issued under section
1, 3, or 4 of this chapter if, for a period of three (3) years, the certificate
holder fails to:
(1) file the returns required by IC 6-2.5-6-1; or
(2) report the collection of any state gross retail or use tax on the
returns filed under IC 6-2.5-6-1.
However, the department must give the certificate holder at least five
(5) days notice before it revokes the certificate.
(c) The department may, for good cause, revoke a certificate issued
under section 1 of this chapter after at least five (5) days notice to the
certificate holder if:
(1) the certificate holder is subject to an innkeeper's tax under
IC 6-9; and
(2) a board, bureau, or commission established under IC 6-9 files
a written statement with the department.
(d) The statement filed under subsection (c) must state that:
(1) information obtained by the board, bureau, or commission
under IC 6-8.1-7-1 indicates that the certificate holder has not
complied with IC 6-9; and
(2) the board, bureau, or commission has determined that
significant harm will result to the county from the certificate
holder's failure to comply with IC 6-9.
(e) The department shall revoke or suspend a certificate issued
under section 1 of this chapter after at least five (5) days notice to the
certificate holder if:
(1) the certificate holder owes taxes, penalties, fines, interest, or
costs due under IC 6-1.1 that remain unpaid at least sixty (60)
days after the due date under IC 6-1.1; and
(2) the treasurer of the county to which the taxes are due requests
the department to revoke or suspend the certificate.
(f) The department shall reinstate a certificate suspended under
subsection (e) if the taxes and any penalties due under IC 6-1.1 are paid
or the county treasurer requests the department to reinstate the
certificate because an agreement for the payment of taxes and any
penalties due under IC 6-1.1 has been reached to the satisfaction of the
county treasurer.
(g) The department shall revoke a certificate issued under section
1 of this chapter after at least five (5) days notice to the certificate
holder if the department finds in a public hearing by a preponderance
of the evidence that the certificate holder has violated IC 35-45-5-3,
IC 35-45-5-3.5, or IC 35-45-5-4.
(h) If a person makes a payment for the certificate under section 1
or 3 of this chapter with a check, credit card, debit card, or electronic
funds transfer, and the department is unable to obtain payment of the
check, credit card, debit card, or electronic funds transfer for its full
face amount when the check, credit card, debit card, or electronic funds
transfer is presented for payment through normal banking channels, the
department shall notify the person by mail that the check, credit card,
debit card, or electronic funds transfer was not honored and that the
person has five (5) days after the notice is mailed to pay the fee in cash,
by certified check, or other guaranteed payment. If the person fails to
make the payment within the five (5) day period, the department shall
revoke the certificate.
(i) If the department finds in a public hearing by a preponderance of
the evidence that a person has been convicted of violating
IC 35-48-4-10 and the conviction involved the sale or the offer to sell,
in the normal course of business, a synthetic drug by a retail merchant
in a place of business for which the retail merchant has been issued a
registered retail merchant certificate under section 1 of this chapter, the
department:
(1) shall suspend the registered retail merchant certificate for the
place of business for one (1) year; and
(2) may not issue another retail merchant certificate under section
1 of this chapter for one (1) year to any person:
(A) that:
(i) applied for; or
(ii) made a retail transaction under;
the retail merchant certificate suspended under subdivision
(1); or
(B) that:
(i) owned or co-owned, directly or indirectly; or
(ii) was an officer, a director, a manager, or a partner of;
the retail merchant that was issued the retail merchant
certificate suspended under subdivision (1).
SOURCE: IC 6-3.1-20-4; (13)SB0085.1.22. -->
SECTION 22. IC 6-3.1-20-4, AS AMENDED BY P.L.6-2012,
SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4. (a) Except as provided in subsection (b), an
individual is entitled to a credit under this chapter if:
(1) the individual's earned income for the taxable year is less than
eighteen thousand six hundred
dollars ($18,600); and
(2) the individual pays property taxes in the taxable year on a
homestead that:
(A) the individual:
(i) owns; or
(ii) is buying under a contract that requires the individual to
pay property taxes on the homestead, if the contract or a
memorandum of the contract is recorded in the county
recorder's office; and
(B) is located in a county having a population of more than
four hundred thousand (400,000) but less than seven hundred
thousand (700,000).
(b) An individual is not entitled to a credit under this chapter for a
taxable year for property taxes paid on the individual's homestead if the
individual claims the deduction under IC 6-3-1-3.5(a)(15) for the
homestead for that same taxable year.
SOURCE: IC 6-3.5-1.1-25; (13)SB0085.1.23. -->
SECTION 23. IC 6-3.5-1.1-25, AS AMENDED BY P.L.132-2012,
SECTION 3, AND AS AMENDED BY P.L.137-2012, SECTION 72,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 25. (a) As used in this section,
"public safety" refers to the following:
(1) A police and law enforcement system to preserve public peace
and order.
(2) A firefighting and fire prevention system.
(3) Emergency ambulance services (as defined in
IC 16-18-2-107).
(4) Emergency medical services (as defined in IC 16-18-2-110).
(5) Emergency action (as defined in IC 13-11-2-65).
(6) A probation department of a court.
(7) Confinement, supervision, services under a community
corrections program (as defined in IC 35-38-2.6-2), or other
correctional services for a person who has been:
(A) diverted before a final hearing or trial under an agreement
that is between the county prosecuting attorney and the person
or the person's custodian, guardian, or parent and that provides
for confinement, supervision, community corrections services,
or other correctional services instead of a final action
described in clause (B) or (C);
(B) convicted of a crime; or
(C) adjudicated as a delinquent child or a child in need of
services.
(8) A juvenile detention facility under IC 31-31-8.
(9) A juvenile detention center under IC 31-31-9.
(10) A county jail.
(11) A communications system (as defined in IC 36-8-15-3),
or
an enhanced emergency telephone system (as defined in
IC 36-8-16-2
(before its repeal on July 1, 2012)), or the statewide
911 system (as defined in IC 36-8-16.7-22).
(12) Medical and health expenses for jail inmates and other
confined persons.
(13) Pension payments for any of the following:
(A) A member of the fire department (as defined in
IC 36-8-1-8) or any other employee of a fire department.
(B) A member of the police department (as defined in
IC 36-8-1-9), a police chief hired under a waiver under
IC 36-8-4-6.5, or any other employee hired by a police
department.
(C) A county sheriff or any other member of the office of the
county sheriff.
(D) Other personnel employed to provide a service described
in this section.
(b) If a county council has imposed a tax rate of at least twenty-five
hundredths of one percent (0.25%) under section 24 of this chapter, a
tax rate of at least twenty-five hundredths of one percent (0.25%) under
section 26 of this chapter, or a total combined tax rate of at least
twenty-five hundredths of one percent (0.25%) under sections 24 and
26 of this chapter, the county council may also adopt an ordinance to
impose an additional tax rate under this section to provide funding for
public safety.
(c) A tax rate under this section may not exceed twenty-five
hundredths of one percent (0.25%).
(d) If a county council adopts an ordinance to impose a tax rate
under this section,
not more than ten (10) days after the vote, the
county auditor shall send a certified copy of the ordinance to the
commissioner of the department,
the director of the budget agency, and
the
commissioner of the department of local government finance by
certified mail
or in an electronic format approved by the director of the
budget agency.
(e) A tax rate under this section is in addition to any other tax rates
imposed under this chapter and does not affect the purposes for which
other tax revenue under this chapter may be used.
(f) Except as provided in subsection (k) or (l), the county auditor
shall distribute the portion of the certified distribution that is
attributable to a tax rate under this section to the county and to each
municipality in the county that is carrying out or providing at least one
(1) of the public safety purposes described in subsection (a). The
amount that shall be distributed to the county or municipality is equal
to the result of:
(1) the portion of the certified distribution that is attributable to a
tax rate under this section; multiplied by
(2) a fraction equal to:
(A) the attributed allocation amount (as defined in
IC 6-3.5-1.1-15) of the county or municipality for the calendar
year; divided by
(B) the sum of the attributed allocation amounts of the county
and each municipality in the county that is entitled to a
distribution under this section for the calendar year.
The county auditor shall make the distributions required by this
subsection not more than thirty (30) days after receiving the portion of
the certified distribution that is attributable to a tax rate under this
section. Tax revenue distributed to a county or municipality under this
subsection must be deposited into a separate account or fund and may
be appropriated by the county or municipality only for public safety
purposes.
(g) The department of local government finance may not require a
county or municipality receiving tax revenue under this section to
reduce the county's or municipality's property tax levy for a particular
year on account of the county's or municipality's receipt of the tax
revenue.
(h) The tax rate under this section and the tax revenue attributable
to the tax rate under this section shall not be considered for purposes
of computing:
(1) the maximum income tax rate that may be imposed in a county
under section 2 of this chapter or any other provision of this
chapter;
(2) the maximum permissible property tax levy under
IC 6-1.1-18.5-3; or
(3) the credit under IC 6-1.1-20.6.
(i) The tax rate under this section may be imposed or rescinded at
the same time and in the same manner that the county may impose or
increase a tax rate under section 24 of this chapter.
(j) The department of local government finance and the department
of state revenue may take any actions necessary to carry out the
purposes of this section.
(k) Two (2) or more political subdivisions that are entitled to receive
a distribution under this section may adopt resolutions providing that
some part or all of those distributions shall instead be paid to one (1)
political subdivision in the county to carry out specific public safety
purposes specified in the resolutions.
(l) A fire department, volunteer fire department, or emergency
medical services provider that:
(1) provides fire protection or emergency medical services within
the county; and
(2) is operated by or serves a political subdivision that is not
otherwise entitled to receive a distribution of tax revenue under
this section;
may before July 1 of a year apply to the county council for a
distribution of tax revenue under this section during the following
calendar year. The county council shall review an application
submitted under this subsection and may before September 1 of a year
adopt a resolution requiring that one (1) or more of the applicants shall
receive a specified amount of the tax revenue to be distributed under
this section during the following calendar year. A resolution approved
under this subsection providing for a distribution to one (1) or more fire
departments, volunteer fire departments, or emergency medical
services providers applies only to distributions in the following
calendar year. Any amount of tax revenue distributed under this
subsection to a fire department, volunteer fire department, or
emergency medical services provider shall be distributed before the
remainder of the tax revenue is distributed under subsection (f).
SOURCE: IC 6-3.5-6-1.5; (13)SB0085.1.24. -->
SECTION 24. IC 6-3.5-6-1.5, AS AMENDED BY P.L.137-2012,
SECTION 76, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1.5. (a) Notwithstanding any other provision
of this chapter, a power granted by this chapter to adopt an ordinance
to:
(1) impose, increase, decrease, or rescind a tax or tax rate; or
(2) grant, increase, decrease, rescind, or change a homestead
credit or property tax replacement credit authorized under this
chapter;
may be exercised at any time in a year before November 1 of that year.
(b) Notwithstanding any other provision of this chapter, an
ordinance authorized by this chapter that imposes or increases a tax or
a tax rate takes effect as follows:
(1) An ordinance adopted after December 31 of the immediately
preceding year and before October 1 of the current year takes
effect October 1 of the current year.
(2) An ordinance adopted after September 30 and before October
16 of the current year takes effect November 1 of the current year.
(3) An ordinance adopted after October 15 and before November
1 of the current year takes effect December 1 of the current year.
(c) Notwithstanding any other provision of this chapter, an
ordinance authorized by this chapter that decreases or rescinds a tax or
a tax rate takes effect as follows:
(1) An ordinance adopted after December 31 of the immediately
preceding year and before October 1 of the current year takes
effect on the later of October 1 of the current year or the first day
of the month in the current year as the month in which the last
increase in the tax or tax rate occurred.
(2) An ordinance adopted after September 30 and before October
16 of the current year takes effect on the later of November 1 of
the current year or the first day of the month in the current year as
the month in which the last increase in the tax or tax rate
occurred.
(3) An ordinance adopted after October 15 and before November
1 of the current year takes effect December 1 of the current year.
(d) Except as provided in subsection (e), An ordinance authorized
by this chapter that grants, increases, decreases, rescinds, or changes
a homestead credit or property tax replacement credit authorized under
this chapter takes effect for and initially applies to property taxes first
due and payable in the year immediately following the year in which
the ordinance is adopted.
(e) This subsection applies only to Miami County. A county income
tax council may adopt an ordinance in 2012 to select a different
combination of uses specified in section 32(f) of this chapter for tax
revenue distributed to the county from a tax rate imposed under section
32 of this chapter (county option income tax rate to provide property
tax relief to taxpayers). The county income tax council may provide in
the ordinance that the ordinance initially takes effect for and applies to
property taxes first due and payable in 2012. This subsection expires
January 1, 2013.
SOURCE: IC 6-3.5-6-31; (13)SB0085.1.25. -->
SECTION 25. IC 6-3.5-6-31, AS AMENDED BY P.L.132-2012,
SECTION 4, AND AS AMENDED BY P.L.137-2012, SECTION 86,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 31. (a) As used in this section,
"public safety" refers to the following:
(1) A police and law enforcement system to preserve public peace
and order.
(2) A firefighting and fire prevention system.
(3) Emergency ambulance services (as defined in
IC 16-18-2-107).
(4) Emergency medical services (as defined in IC 16-18-2-110).
(5) Emergency action (as defined in IC 13-11-2-65).
(6) A probation department of a court.
(7) Confinement, supervision, services under a community
corrections program (as defined in IC 35-38-2.6-2), or other
correctional services for a person who has been:
(A) diverted before a final hearing or trial under an agreement
that is between the county prosecuting attorney and the person
or the person's custodian, guardian, or parent and that provides
for confinement, supervision, community corrections services,
or other correctional services instead of a final action
described in clause (B) or (C);
(B) convicted of a crime; or
(C) adjudicated as a delinquent child or a child in need of
services.
(8) A juvenile detention facility under IC 31-31-8.
(9) A juvenile detention center under IC 31-31-9.
(10) A county jail.
(11) A communications system (as defined in IC 36-8-15-3),
or an
enhanced emergency telephone system (as defined in
IC 36-8-16-2
(before its repeal on July 1, 2012)), or the statewide
911 system (as defined in IC 36-8-16.7-22).
(12) Medical and health expenses for jail inmates and other
confined persons.
(13) Pension payments for any of the following:
(A) A member of the fire department (as defined in
IC 36-8-1-8) or any other employee of a fire department.
(B) A member of the police department (as defined in
IC 36-8-1-9), a police chief hired under a waiver under
IC 36-8-4-6.5, or any other employee hired by a police
department.
(C) A county sheriff or any other member of the office of the
county sheriff.
(D) Other personnel employed to provide a service described
in this section.
(b) The county income tax council may adopt an ordinance to
impose an additional tax rate under this section to provide funding for
public safety if:
(1) the county income tax council has imposed a tax rate under
section 30 of this chapter, in the case of a county containing a
consolidated city; or
(2) the county income tax council has imposed a tax rate of at
least twenty-five hundredths of one percent (0.25%) under section
30 of this chapter, a tax rate of at least twenty-five hundredths of
one percent (0.25%) under section 32 of this chapter, or a total
combined tax rate of at least twenty-five hundredths of one
percent (0.25%) under sections 30 and 32 of this chapter, in the
case of a county other than a county containing a consolidated
city.
(c) A tax rate under this section may not exceed the following:
(1) Five-tenths of one percent (0.5%), in the case of a county
containing a consolidated city.
(2) Twenty-five hundredths of one percent (0.25%), in the case of
a county other than a county containing a consolidated city.
(d) If a county income tax council adopts an ordinance to impose a
tax rate under this section, not more than ten (10) days after the vote,
the county auditor shall send a certified copy of the ordinance to the
commissioner of the department, the director of the budget agency, and
the commissioner of the department of local government finance by
certified mail or in an electronic format approved by the director of the
budget agency.
(e) A tax rate under this section is in addition to any other tax rates
imposed under this chapter and does not affect the purposes for which
other tax revenue under this chapter may be used.
(f) Except as provided in subsections (l) and (m), the county auditor
shall distribute the portion of the certified distribution that is
attributable to a tax rate under this section to the county and to each
municipality in the county that is carrying out or providing at least one
(1) of the public safety purposes described in subsection (a). The
amount that shall be distributed to the county or municipality is equal
to the result of:
(1) the portion of the certified distribution that is attributable to a
tax rate under this section; multiplied by
(2) a fraction equal to:
(A) the total property taxes being collected in the county by
the county or municipality for the calendar year; divided by
(B) the sum of the total property taxes being collected in the
county by the county and each municipality in the county that
is entitled to a distribution under this section for the calendar
year.
The county auditor shall make the distributions required by this
subsection not more than thirty (30) days after receiving the portion of
the certified distribution that is attributable to a tax rate under this
section. Tax revenue distributed to a county or municipality under this
subsection must be deposited into a separate account or fund and may
be appropriated by the county or municipality only for public safety
purposes.
(g) The department of local government finance may not require a
county or municipality receiving tax revenue under this section to
reduce the county's or municipality's property tax levy for a particular
year on account of the county's or municipality's receipt of the tax
revenue.
(h) The tax rate under this section and the tax revenue attributable
to the tax rate under this section shall not be considered for purposes
of computing:
(1) the maximum income tax rate that may be imposed in a county
under section 8 or 9 of this chapter or any other provision of this
chapter;
(2) the maximum permissible property tax levy under
IC 6-1.1-18.5-3; or
(3) the credit under IC 6-1.1-20.6.
(i) The tax rate under this section may be imposed or rescinded at
the same time and in the same manner that the county may impose or
increase a tax rate under section 30 of this chapter.
(j) The department of local government finance and the department
of state revenue may take any actions necessary to carry out the
purposes of this section.
(k) Notwithstanding any other provision, in Lake County the county
council (and not the county income tax council) is the entity authorized
to take actions concerning the additional tax rate under this section.
(l) Two (2) or more political subdivisions that are entitled to receive
a distribution under this section may adopt resolutions providing that
some part or all of those distributions shall instead be paid to one (1)
political subdivision in the county to carry out specific public safety
purposes specified in the resolutions.
(m) A fire department, volunteer fire department, or emergency
medical services provider that:
(1) provides fire protection or emergency medical services within
the county; and
(2) is operated by or serves a political subdivision that is not
otherwise entitled to receive a distribution of tax revenue under
this section;
may before July 1 of a year apply to the county income tax council for
a distribution of tax revenue under this section during the following
calendar year. The county income tax council shall review an
application submitted under this subsection and may before September
1 of a year adopt a resolution requiring that one (1) or more of the
applicants shall receive a specified amount of the tax revenue to be
distributed under this section during the following calendar year. A
resolution approved under this subsection providing for a distribution
to one (1) or more fire departments, volunteer fire departments, or
emergency services providers applies only to distributions in the
following calendar year. Any amount of tax revenue distributed under
this subsection to a fire department, volunteer fire department, or
emergency medical services provider shall be distributed before the
remainder of the tax revenue is distributed under subsection (f).
SOURCE: IC 6-6-6.5-21.5; (13)SB0085.1.26. -->
SECTION 26. IC 6-6-6.5-21.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2012 (RETROACTIVE)]: Sec.
21.5. (a) The Allen County treasurer of a county that:
(1) has a population of more than three hundred thousand
(300,000) but less than four hundred thousand (400,000); and
(2) has an airport that is operated under an airport authority
established under IC 8-22-3-1.1;
shall distribute the funds received under section 21 of this chapter to
that the airport authority established under IC 8-22-3-1.1 that
operates an airport in the county. The treasurer shall make the
distribution before the fifth day of the month after the month in which
he the treasurer receives the funds.
(b) Nothing in this section relieves a the county treasurer of his the
treasurer's duty to report under IC 6-6-6.5-21(e). section 21(e) of this
chapter.
SOURCE: IC 7.1-3-1.5-13; (13)SB0085.1.27. -->
SECTION 27. IC 7.1-3-1.5-13, AS AMENDED BY P.L.10-2010,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 13. (a) Subsections (b) through (e) do not
apply during the period beginning July 1, 2010, and ending May 1,
2011. This subsection expires May 1, 2011.
(b) (a) A retailer permittee or dealer permittee who operates an
establishment where alcoholic beverages are served or sold must:
(1) ensure that each alcohol server completes a server program or
a trainer program established or approved under section 5.5 or 6
of this chapter not later than one hundred twenty (120) days after
the date the alcohol server begins employment at the
establishment;
(2) require each alcohol server to attend a refresher course that
includes the dissemination of new information concerning the
server program subject areas described in section 6 of this chapter
or subject areas of a trainer program every three (3) years after the
date the alcohol server completes a server program or a trainer
program; and
(3) maintain training verification records of each alcohol server.
(c) (b) A retailer permittee, a dealer permittee, or a management
representative of a retailer or dealer permittee must complete a server
program or a trainer program established or approved under section 5.5
or 6 of this chapter:
(1) not later than one hundred twenty (120) days after the date:
(A) the dealer permittee is issued a permit described in section
2 of this chapter; or
(B) the retailer permittee is issued a permit described in
section 4 of this chapter; and
(2) every five (5) years after the date the retailer permittee, dealer
permittee, or management representative of the retailer or dealer
permittee completes a server program or a trainer program.
(d) (c) The commission shall notify a:
(1) dealer permittee at the time the dealer permittee renews a
permit described in section 2 of this chapter; and
(2) retailer permittee at the time the retailer permittee renews a
permit described in section 4 of this chapter;
of the requirements under subsections (b) (a) and (c). (b).
(e) (d) The commission may suspend or revoke a retailer permittee's
or dealer permittee's permit or fine a retailer permittee or dealer
permittee for noncompliance with this section in accordance with
IC 7.1-3-23.
SOURCE: IC 7.1-3-20-7; (13)SB0085.1.28. -->
SECTION 28. IC 7.1-3-20-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7. (a) As used in
this title and to be eligible to receive the appropriate permit, "fraternal
club" means an association or corporation the whose membership of
that is comprised of or forms:
(1) a lodge or local chapter or corresponding unit of a fraternal
order or of another association of a like nature; or
(2) a body whose membership is comprised of persons who have
served in the armed forces of the United States;
and which has been in continual existence on a national scale for more
than five (5) years prior to the date the application is filed.
(b) Fraternal clubs and labor organizations need not meet the
requirements of section 1 of this chapter, but are considered clubs for
all other purposes of this title.
SOURCE: IC 8-1-8.8-10; (13)SB0085.1.29. -->
SECTION 29. IC 8-1-8.8-10, AS AMENDED BY P.L.224-2011,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 10. (a) As used in this chapter "renewable
energy resources" means the following:
(1) A clean energy resource listed in IC 8-1-37-4(a)(1) through
IC 8-1-37-4(a)(16).
(2) Low temperature, oxygen starved gasification of municipal
solid waste.
(11) (3) Methane recovered from landfills for the production of
electricity.
(b) Except for energy described in subsection (a)(2) and
IC 8-1-37-4(a)(9), the term does not include energy from the
incinerations, burning, or heating of any of the following:
(1) Tires.
(2) General household, institutional, commercial, industrial
lunchroom, office, or landscape waste.
(c) The term excludes treated or painted lumber.
SOURCE: IC 8-23-7-22; (13)SB0085.1.30. -->
SECTION 30. IC 8-23-7-22, AS AMENDED BY P.L.163-2011,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
APRIL 1, 2012 (RETROACTIVE)]: Sec. 22. (a) Subject to subsection
(b), the department may, after issuing an order and receiving the
governor's approval, determine that a state highway should become a
tollway. After the order becomes effective, the department shall
maintain and operate the tollway and levy and collect tolls as provided
in IC 8-15-3 or enter into a public-private agreement with an operator
with respect to the tollway under IC 8-15.7. Before issuing an order
under this section, the department shall submit to the governor a plan
to bring the tollway to the current design standards of the department
for new state highways within a specified period. The specified period
may not exceed five (5) years.
(b) Before the governor, the department, or an operator may carry
out any of the following activities under this section, the general
assembly must enact a statute authorizing that activity:
(1) Determine that a highway that is in existence or under
construction on July 1, 2011, should become a tollway.
(2) Carry out construction for Interstate Highway 69 in a township
having a population of more than
seventy-five one hundred
thousand
(75,000) (100,000) and less than
ninety-three one
hundred ten thousand
five hundred (93,500). (110,000) located
in a county having a consolidated city.
(3) Impose tolls on motor vehicles for use of Interstate Highway
69.
(c) Notwithstanding subsection (b), during the period beginning July
1, 2011, and ending June 30, 2021, the general assembly is not required
to enact a statute authorizing the governor, the department, or an
operator to determine that all or part of the following projects should
become a tollway:
(1) A project on which construction begins after June 30, 2011,
not including any part of Interstate Highway 69 other than a part
described in subdivision (4).
(2) The addition of toll lanes, including high occupancy toll lanes,
to a highway, roadway, or other facility in existence on July 1,
2011, if the number of nontolled lanes on the highway, roadway,
or facility as of July 1, 2011, does not decrease due to the addition
of the toll lanes.
(3) The Illiana Expressway, a limited access facility connecting
Interstate Highway 65 in northwestern Indiana with an interstate
highway in Illinois.
(4) A project that is located within a metropolitan planning area
(as defined by 23 U.S.C. 134) and that connects the state of
Indiana with the commonwealth of Kentucky.
SOURCE: IC 8-23-7-23; (13)SB0085.1.31. -->
SECTION 31. IC 8-23-7-23, AS AMENDED BY P.L.163-2011,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
APRIL 1, 2012 (RETROACTIVE)]: Sec. 23. (a) Subject to subsection
(c), the department may, after issuing an order and receiving the
governor's approval, determine that a state highway should become a
toll road. An order under this section does not become effective unless
the authority adopts a resolution to accept the designated state highway,
or part of the highway, as a toll road project under the conditions
contained in the order. An order issued by the department under this
section must set forth the conditions upon which the transfer of the
state highway, or part of the highway, to the authority must occur,
including the following:
(1) The consideration, if any, to be paid by the authority to the
department.
(2) A requirement that the authority:
(A) enter into a contract or lease with the department with
respect to the toll road project under IC 8-9.5-8-7 or
IC 8-9.5-8-8; or
(B) enter into a public-private agreement with an operator with
respect to the toll road under IC 8-15.5.
(b) To complete a transfer under this section, the department must,
with the governor's approval, execute a certificate describing the real
and personal property constituting or to be transferred with the state
highway that is to become a toll road project. Upon delivery of the
certificate to the authority, the real and personal property described in
the certificate is under the jurisdiction and control of the authority.
(c) Before the authority or an operator may carry out any of the
following activities under this section, the general assembly must enact
a statute authorizing that activity:
(1) Carrying out construction for Interstate Highway 69 in a
township having a population of more than seventy-five one
hundred thousand (75,000) (100,000) and less than ninety-three
one hundred ten thousand five hundred (93,500). (110,000)
located in a county having a consolidated city.
(2) Imposing tolls on motor vehicles for use of Interstate Highway
69.
(3) Imposing tolls on motor vehicles for use of a nontolled
highway, roadway, or other facility in existence or under
construction on July 1, 2011, including nontolled interstate
highways, U.S. routes, and state routes.
SOURCE: IC 9-13-2-5; (13)SB0085.1.32. -->
SECTION 32. IC 9-13-2-5, AS AMENDED BY P.L.145-2011,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 5. (a) This subsection expires December 31,
2011. "Approved motorcycle driver education and training course"
means:
(1) a course offered by a public or private secondary school, a
new motorcycle dealer, or other driver education school offering
motorcycle driver training as developed and approved by the state
superintendent of public instruction and the bureau; or
(2) a course that is offered by a commercial driving school or new
motorcycle dealer and that is approved by the bureau.
(b) This subsection applies after December 31, 2011. "Approved
motorcycle driver education and training course" means:
(1) a course offered by a public or private secondary school, a
new motorcycle dealer, or another driver education school
offering motorcycle driver training as developed and approved by
the bureau; or
(2) a course that is:
(A) offered by a commercial driving school or new motorcycle
dealer; and
(B) approved by the bureau.
SOURCE: IC 9-13-2-92; (13)SB0085.1.33. -->
SECTION 33. IC 9-13-2-92, AS AMENDED BY P.L.114-2012,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 92. (a) "Law enforcement officer", except as
provided in subsection (b), includes the following:
(1) A state police officer.
(2) A city, town, or county police officer.
(3) A sheriff.
(4) A county coroner.
(5) A conservation officer.
(6) An individual assigned as a motor carrier inspector under
IC 10-11-2-26(a).
(7) A member of a consolidated law enforcement department
established under IC 36-3-1-5.1.
(8) An excise police officer of the alcohol and tobacco
commission.
(9) A gaming control officer employed by the gaming control
division under IC 4-33-20.
(b) "Law enforcement officer", for purposes of IC 9-30-6 and
IC 9-30-7, has the meaning set forth in IC 35-31.5-2-185.
SOURCE: IC 9-13-2-127; (13)SB0085.1.34. -->
SECTION 34. IC 9-13-2-127, AS AMENDED BY P.L.94-2006,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 127. (a) "Police officer" means, except as
provided in subsection (b), the following:
(1) A regular member of the state police department.
(2) A regular member of a city or town police department.
(3) A town marshal or town marshal deputy.
(4) A regular member of a county sheriff's department.
(5) A conservation officer of the department of natural resources.
(6) An individual assigned as a motor carrier inspector under
IC 10-11-2-26(a).
(7) An excise police officer of the alcohol and tobacco
commission.
(8) A gaming control officer employed by the gaming control
division under IC 4-33-20.
(b) "Police officer", for purposes of IC 9-21, means an officer
authorized to direct or regulate traffic or to make arrests for violations
of traffic regulations.
SOURCE: IC 9-20-5-5; (13)SB0085.1.35. -->
SECTION 35. IC 9-20-5-5, AS AMENDED BY P.L.66-2012,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 5. (a) Except as provided in subsection (b),
the maximum size and weight limits for vehicles operated with a
special weight permit on an extra heavy duty highway are as follows:
(1) A vehicle may not have a maximum wheel weight, unladen or
with load, in excess of eight hundred (800) pounds per inch width
of tire, measured between the flanges of the rim.
(2) A single axle weight may not exceed eighteen thousand
(18,000) pounds.
(3) An axle in an axle combination may not exceed thirteen
thousand (13,000) pounds per axle, with the exception of one (1)
tandem group that may weigh sixteen thousand (16,000) pounds
per axle or a total of thirty-two thousand (32,000) pounds.
(4) Except as provided in section
4(22) 4(a)(22) of this chapter,
the total gross weight, with load, of any vehicle or combination of
vehicles may not exceed one hundred thirty-four thousand
(134,000) pounds.
(5) Axle spacings may not be less than three (3) feet, six (6)
inches, between each axle in an axle combination.
(6) Axle spacings may not be less than eight (8) feet between each
axle or axle combination.
(b) A vehicle operated in accordance with section 4(23) 4(a)(23) of
this chapter may not have a:
(1) maximum wheel weight, unladen or with load, in excess of
one thousand six hundred fifty (1,650) pounds per inch width of
tire, measured between the flanges of the rim; or
(2) single axle weight that exceeds sixty-five thousand (65,000)
pounds.
(c) This section expires on the later of the following dates:
(1) The date on which rules described in section 1(c)(1) 1(c)(2)
of this chapter are finally adopted.
(2) December 31, 2014.
SOURCE: IC 9-23-2-2; (13)SB0085.1.36. -->
SECTION 36. IC 9-23-2-2, AS AMENDED BY P.L.42-2011,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
APRIL 1, 2012 (RETROACTIVE)]: Sec. 2. (a) An application for a
license under this chapter must:
(1) be accompanied by the fee required under IC 9-29-8;
(2) be on a form prescribed by the secretary of state;
(3) contain the information the secretary of state considers
necessary to enable the secretary of state to determine fully the
following information:
(A) The qualifications and eligibility of the applicant to
receive the license.
(B) The location of each of the applicant's places of business
in Indiana.
(C) The ability of the applicant to conduct properly the
business for which the application is submitted; and
(4) contain evidence of a bond required in subsection (e).
(b) An application for a license as a dealer must show whether the
applicant proposes to sell new or used motor vehicles, or both.
(c) An applicant who proposes to use the Internet or other computer
network in aid of its sale of motor vehicles to consumers in Indiana,
which activities may result in the creation of business records outside
Indiana, shall provide the division with the name, address, and
telephone number of the person who has control of those business
records. The secretary of state may not issue a license to a dealer who
transacts business in this manner who does not have an established
place of business in Indiana.
(d) This subsection applies to an application for a license as a dealer
in a city having a population of more than ninety eighty thousand
(90,000) (80,000) but less than one hundred five eighty thousand
(105,000). four hundred (80,400). The application must include an
affidavit from:
(1) the person charged with enforcing a zoning ordinance
described in this subsection; or
(2) the zoning enforcement officer under IC 36-7-4, if one exists;
who has jurisdiction over the real property where the applicant wants
to operate as a dealer. The affidavit must state that the proposed
location is zoned for the operation of a dealer's establishment. The
applicant may file the affidavit at any time after the filing of the
application. However, the secretary of state may not issue a license
until the applicant files the affidavit.
(e) This subsection does not apply to a person listed in the
categories set forth in section 1(a)(10) through 1(a)(12) of this chapter
and that was licensed under this chapter before July 1, 2009. A licensee
shall maintain a bond satisfactory to the secretary of state in the amount
of twenty-five thousand dollars ($25,000), which must:
(1) be in favor of the state; and
(2) secure payment of fines, penalties, costs, and fees assessed by
the secretary of state after notice, opportunity for a hearing, and
opportunity for judicial review, in addition to securing the
payment of damages to a person aggrieved by a violation of this
chapter by the licensee after a judgment has been issued.
(f) Service shall be made in accordance with the Indiana Rules of
Trial Procedure.
(g) Instead of meeting the requirement in subsection (e), a licensee
may submit to the secretary of state evidence that the licensee is a
member of a risk retention group regulated by the Indiana department
of insurance.
SOURCE: IC 9-23-2-4; (13)SB0085.1.37. -->
SECTION 37. IC 9-23-2-4, AS AMENDED BY P.L.184-2007,
SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
APRIL 1, 2012 (RETROACTIVE)]: Sec. 4. (a) The license issued to a
factory branch, a distributor branch, an automobile auctioneer, a
transfer dealer, or a dealer under this chapter must specify the location
of each place of business and shall be conspicuously displayed at each
business location.
(b) If a business name or location is changed, the holder shall notify
the secretary of state within ten (10) days and remit the fee required
under IC 9-29-8. The secretary of state shall endorse that change on the
license if the secretary of state determines that the change is not subject
to other provisions of this article.
(c) A dealer who uses the Internet or other computer network to
facilitate the sale of motor vehicles as set forth in section 2(c) of this
chapter shall notify the secretary of state within ten (10) days upon any
change in the name, address, or telephone number of business records
located outside Indiana that have been created in transactions made in
Indiana by the dealer. A report made under this subsection is not
subject to the fee required under IC 9-29-8-5.
(d) This subsection applies to a dealer in a city having a population
of more than ninety eighty thousand (90,000) (80,000) but less than
one hundred five eighty thousand (105,000). four hundred (80,400).
A dealer who wants to change a location must submit to the secretary
of state an application for approval of the change. The application must
be accompanied by an affidavit from:
(1) the person charged with enforcing a zoning ordinance
described in this subsection; or
(2) the zoning enforcement officer under IC 36-7-4, if one exists;
who has jurisdiction over the real property where the applicant wants
to operate as a dealer. The affidavit must state that the proposed
location is zoned for the operation of a dealer's establishment. The
secretary of state may not approve a change of location or endorse a
change of location on the dealer's license until the dealer provides the
affidavit.
(e) For the purpose of this section, an offsite license issued under
section 7 of this chapter does not constitute a change of location.
SOURCE: IC 9-29-5-2; (13)SB0085.1.38. -->
SECTION 38. IC 9-29-5-2, AS AMENDED BY P.L.145-2011,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. (a) This subsection expires December 31,
2011. The fee for the registration of a motorcycle is seventeen dollars
and thirty cents ($17.30). The revenue from this fee shall be allocated
as follows:
(1) Seven dollars ($7) to the motorcycle operator safety education
fund established by IC 20-30-13-11.
(2) An amount prescribed as a license branch service charge
under IC 9-29-3.
(3) Thirty cents ($0.30) to the spinal cord and brain injury fund
under IC 16-41-42.2-3, as provided under section 0.5 of this
chapter.
(4) The balance to the state general fund for credit to the motor
vehicle highway account.
(b) This subsection applies after December 31, 2011. The fee for the
registration of a motorcycle is seventeen dollars and thirty cents
($17.30). The revenue from this fee shall be allocated as follows:
(1) Seven dollars ($7) to the motorcycle operator safety education
fund established by IC 9-27-7-7.
(2) An amount prescribed as a license branch service charge
under IC 9-29-3.
(3) Thirty cents ($0.30) to the spinal cord and brain injury fund
under IC 16-41-42.2-3, as provided under section 0.5 of this
chapter.
(4) The balance to the state general fund for credit to the motor
vehicle highway account.
SOURCE: IC 9-30-4-6; (13)SB0085.1.39. -->
SECTION 39. IC 9-30-4-6, AS AMENDED BY P.L.125-2012,
SECTION 330, AND AS AMENDED BY P.L.126-2012, SECTION
29, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 6. (a) Whenever the bureau
suspends or revokes the current driver's license upon receiving a record
of the conviction of a person for any offense under the motor vehicle
laws not enumerated under subsection (b), the bureau may also suspend
any of the certificates of registration and license plates issued for any
motor vehicle registered in the name of the person so convicted.
However, the bureau may not suspend the evidence of registration,
unless otherwise required by law, if the person has given or gives and
maintains during the three (3) years following the date of suspension
or revocation proof of financial responsibility in the future in the
manner specified in this section.
(b) The bureau shall suspend or revoke without notice or hearing the
current driver's license and all certificates of registration and license
plates issued or registered in the name of a person who is convicted of
any of the following:
(1) Manslaughter or reckless homicide resulting from the
operation of a motor vehicle.
(2) Perjury or knowingly making a false affidavit to the
department under this chapter or any other law requiring the
registration of motor vehicles or regulating motor vehicle
operation upon the highways.
(3) A felony under Indiana motor vehicle laws or felony in the
commission of which a motor vehicle is used.
(4) Three (3) charges of criminal recklessness involving the use
of a motor vehicle within the preceding twelve (12) months.
(5) Failure to stop and give information or assistance or failure to
stop and disclose the person's identity at the scene of an accident
that has resulted in death, personal injury, or property damage in
excess of two hundred dollars ($200).
(6) Possession, distribution, manufacture, cultivation, transfer,
use, or sale of a controlled substance or counterfeit substance, or
attempting or conspiring to possess, distribute, manufacture,
cultivate, transfer, use, or sell a controlled substance or
counterfeit substance.
(c) The license of a person shall also be suspended upon conviction
in another jurisdiction for any offense described in subsections
subsection (b)(1), (b)(2), (b)(3), (b)(4), and (b)(5), except if property
damage is less than two hundred dollars ($200), the bureau may
determine whether the driver's license and certificates of registration
and license plates shall be suspended or revoked. The license of a
person shall also be suspended upon conviction in another jurisdiction
for any offense described in subsection (b)(6).
(d) A suspension or revocation remains in effect and a new or
renewal license may not be issued to the person and a motor vehicle
may not be registered in the name of the person as follows:
(1) Except as provided in subdivisions (2), (3), (4), and (5), and
subject to section 6.5 of this chapter, for six (6) months from the
date of conviction or on the date on which the person is otherwise
eligible for a license, whichever is later. Except as provided in
IC 35-48-4-15, this includes a person convicted of a crime for
which the person's license is suspended or revoked under
subsection (b)(6).
(2) Subject to section 6.5 of this chapter, upon conviction of an
offense described in subsection (b)(1), for a fixed period of not
less than two (2) years and not more than five (5) years, to be
fixed by the bureau based upon recommendation of the court
entering a conviction. A new or reinstated license may not be
issued to the person unless that person, within the three (3) years
following the expiration of the suspension or revocation, gives
and maintains in force at all times during the effective period of
a new or reinstated license proof of financial responsibility in the
future in the manner specified in this chapter. However, the
liability of the insurance carrier under a motor vehicle liability
policy that is furnished for proof of financial responsibility in the
future as set out in this chapter becomes absolute whenever loss
or damage covered by the policy occurs, and the satisfaction by
the insured of a final judgment for loss or damage is not a
condition precedent to the right or obligation of the carrier to
make payment on account of loss or damage, but the insurance
carrier has the right to settle a claim covered by the policy. If the
settlement is made in good faith, the amount shall be deductive
from the limits of liability specified in the policy. A policy may
not be canceled or annulled with respect to a loss or damage by an
agreement between the carrier and the insured after the insured
has become responsible for the loss or damage, and a cancellation
or annulment is void. The policy may provide that the insured or
any other person covered by the policy shall reimburse the
insurance carrier for payment made on account of any loss or
damage claim or suit involving a breach of the terms, provisions,
or conditions of the policy. If the policy provides for limits in
excess of the limits specified in this chapter, the insurance carrier
may plead against any plaintiff, with respect to the amount of the
excess limits of liability, any defenses that the carrier may be
entitled to plead against the insured. The policy may further
provide for prorating of the insurance with other applicable valid
and collectible insurance. An action does not lie against the
insurance carrier by or on behalf of any claimant under the policy
until a final judgment has been obtained after actual trial by or on
behalf of any claimant under the policy.
(3) Subject to section 6.5 of this chapter, for the period ordered by
a court under IC 35-48-4-15.
(4) Subject to section 6.5 of this chapter, if the person is convicted
of a felony involving the use of a motor vehicle under
IC 35-44-3-3(b) IC 35-44.1-3-1(b) and the person:
(A) exceeded the speed limit by at least twenty (20) miles per
hour;
(B) committed criminal recklessness with a vehicle
(IC 35-42-2-2); or
(C) engaged in aggressive driving (as defined in
IC 9-21-8-55(b));
while committing the felony, for one (1) year after the date the
person was convicted. The convicted person has the burden of
applying for a new or renewal license and establishing that the
one (1) year period described in this subdivision and subject to
section 6.5 of this chapter has elapsed.
(5) Subject to section 6.5 of this chapter, if the person is convicted
of a felony involving the use of a motor vehicle under
IC 35-44-3-3(b), IC 35-44.1-3-1(b), the person:
(A) exceeded the speed limit by at least twenty (20) miles per
hour;
(B) committed criminal recklessness with a vehicle
(IC 35-42-2-2); or
(C) engaged in aggressive driving (as defined in
IC 9-21-8-55(b));
while committing the felony, and the person has a prior unrelated
conviction for a felony under IC 35-44-3-3(b), IC 35-44.1-3-1(b),
for two (2) years after the date the person was convicted. The
convicted person has the burden of applying for a new or renewal
license and establishing that the two (2) year period described in
this subdivision and subject to section 6.5 of this chapter has
elapsed.
(e) The bureau may take action as required in this section upon
receiving satisfactory evidence of a conviction of a person in another
state.
(f) For the purpose of this chapter, "conviction" includes any of the
following:
(1) A conviction upon a plea of guilty.
(2) A determination of guilt by a jury or court, even if:
(A) no sentence is imposed; or
(B) a sentence is suspended.
(3) A forfeiture of bail, bond, or collateral deposited to secure the
defendant's appearance for trial, unless the forfeiture is vacated.
(4) A payment of money as a penalty or as costs in accordance
with an agreement between a moving traffic violator and a traffic
violations bureau.
(g) A suspension or revocation under this section or under
IC 9-25-6-8 IC 9-30-13-0.5 stands pending appeal of the conviction to
a higher court and may be set aside or modified only upon the receipt
by the bureau of the certificate of the court reversing or modifying the
judgment that the cause has been reversed or modified. However, if the
suspension or revocation follows a conviction in a court of no record
in Indiana, the suspension or revocation is stayed pending appeal of the
conviction to a court of record.
(h) A person aggrieved by an order or act of the bureau under this
section or IC 9-25-6-8 IC 9-30-13-0.5 may file a petition for a court
review.
SOURCE: IC 9-30-6-4.3; (13)SB0085.1.40. -->
SECTION 40. IC 9-30-6-4.3, AS AMENDED BY P.L.125-2012,
SECTION 343, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 4.3. (a) This section applies
only to a person whose motor vehicle has been seized under
IC 34-24-1-1(15). IC 34-24-1-1(a)(15).
(b) If the bureau receives an order from a court recommending that
the bureau not register a motor vehicle in the name of a person whose
motor vehicle has been seized under IC 34-24-1-1(15),
IC 34-24-1-1(a)(15), the bureau may not register a motor vehicle in the
name of the person whose motor vehicle has been seized until the
person proves that the person possesses a driver's license with valid
driving privileges.
SOURCE: IC 11-8-8-4.5; (13)SB0085.1.41. -->
SECTION 41. IC 11-8-8-4.5, AS AMENDED BY P.L.72-2012,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4.5. (a) Except as provided in section 22 of
this chapter, as used in this chapter, "sex offender" means a person
convicted of any of the following offenses:
(1) Rape (IC 35-42-4-1).
(2) Criminal deviate conduct (IC 35-42-4-2).
(3) Child molesting (IC 35-42-4-3).
(4) Child exploitation (IC 35-42-4-4(b)).
(5) Vicarious sexual gratification (including performing sexual
conduct in the presence of a minor) (IC 35-42-4-5).
(6) Child solicitation (IC 35-42-4-6).
(7) Child seduction (IC 35-42-4-7).
(8) Sexual misconduct with a minor as a Class A, Class B, or
Class C felony (IC 35-42-4-9), unless:
(A) the person is convicted of sexual misconduct with a minor
as a Class C felony;
(B) the person is not more than:
(i) four (4) years older than the victim if the offense was
committed after June 30, 2007; or
(ii) five (5) years older than the victim if the offense was
committed before July 1, 2007; and
(C) the sentencing court finds that the person should not be
required to register as a sex offender.
(9) Incest (IC 35-46-1-3).
(10) Sexual battery (IC 35-42-4-8).
(11) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen
(18) years of age, and the person who kidnapped the victim is not
the victim's parent or guardian.
(12) Criminal confinement (IC 35-42-3-3), if the victim is less
than eighteen (18) years of age, and the person who confined or
removed the victim is not the victim's parent or guardian.
(13) Possession of child pornography (IC 35-42-4-4(c)).
(14) Promoting prostitution (IC 35-45-4-4) as a Class B felony.
(15) Promotion of human trafficking (IC 35-42-3.5-1(a)(2)) if the
victim is less than eighteen (18) years of age.
(16) Sexual trafficking of a minor (IC 35-42-3.5-1(c)).
(17) Human trafficking (IC 35-42-3.5-1(d)(3)) if the victim is less
than eighteen (18) years of age.
(18) Sexual misconduct by a service provider with a detained
child (IC 35-44-1-5(c)). (IC 35-44.1-3-10(c)).
(19) An attempt or conspiracy to commit a crime listed in
subdivisions (1) through (18).
(20) A crime under the laws of another jurisdiction, including a
military court, that is substantially equivalent to any of the
offenses listed in subdivisions (1) through (19).
(b) The term includes:
(1) a person who is required to register as a sex offender in any
jurisdiction; and
(2) a child who has committed a delinquent act and who:
(A) is at least fourteen (14) years of age;
(B) is on probation, is on parole, is discharged from a facility
by the department of correction, is discharged from a secure
private facility (as defined in IC 31-9-2-115), or is discharged
from a juvenile detention facility as a result of an adjudication
as a delinquent child for an act that would be an offense
described in subsection (a) if committed by an adult; and
(C) is found by a court by clear and convincing evidence to be
likely to repeat an act that would be an offense described in
subsection (a) if committed by an adult.
(c) In making a determination under subsection (b)(2)(C), the court
shall consider expert testimony concerning whether a child is likely to
repeat an act that would be an offense described in subsection (a) if
committed by an adult.
SOURCE: IC 11-8-8-5; (13)SB0085.1.42. -->
SECTION 42. IC 11-8-8-5, AS AMENDED BY P.L.1-2012,
SECTION 3, AND AS AMENDED BY P.L.72-2012, SECTION 2, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 5. (a) Except as provided in
section 22 of this chapter, as used in this chapter, "sex or violent
offender" means a person convicted of any of the following offenses:
(1) Rape (IC 35-42-4-1).
(2) Criminal deviate conduct (IC 35-42-4-2).
(3) Child molesting (IC 35-42-4-3).
(4) Child exploitation (IC 35-42-4-4(b)).
(5) Vicarious sexual gratification (including performing sexual
conduct in the presence of a minor) (IC 35-42-4-5).
(6) Child solicitation (IC 35-42-4-6).
(7) Child seduction (IC 35-42-4-7).
(8) Sexual misconduct with a minor as a Class A, Class B, or
Class C felony (IC 35-42-4-9), unless:
(A) the person is convicted of sexual misconduct with a minor
as a Class C felony;
(B) the person is not more than:
(i) four (4) years older than the victim if the offense was
committed after June 30, 2007; or
(ii) five (5) years older than the victim if the offense was
committed before July 1, 2007; and
(C) the sentencing court finds that the person should not be
required to register as a sex offender.
(9) Incest (IC 35-46-1-3).
(10) Sexual battery (IC 35-42-4-8).
(11) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen
(18) years of age, and the person who kidnapped the victim is not
the victim's parent or guardian.
(12) Criminal confinement (IC 35-42-3-3), if the victim is less
than eighteen (18) years of age, and the person who confined or
removed the victim is not the victim's parent or guardian.
(13) Possession of child pornography (IC 35-42-4-4(c)).
(14) Promoting prostitution (IC 35-45-4-4) as a Class B felony.
(15) Promotion of human trafficking (IC 35-42-3.5-1(a)(2)) if the
victim is less than eighteen (18) years of age.
(16) Sexual trafficking of a minor (IC 35-42-3.5-1(b)).
(IC 35-42-3.5-1(c)).
(17) Human trafficking (IC 35-42-3.5-1(c)(3))
(IC 35-42-3.5-1(d)(3)) if the victim is less than eighteen (18)
years of age.
(18) Murder (IC 35-42-1-1).
(19) Voluntary manslaughter (IC 35-42-1-3).
(20) Sexual misconduct by a service provider with a detained
child (IC 35-44-1-5(c)). (IC 35-44.1-3-10(c)).
(20) (21) An attempt or conspiracy to commit a crime listed in
subdivisions (1) through (19). (20).
(21) (22) A crime under the laws of another jurisdiction, including
a military court, that is substantially equivalent to any of the
offenses listed in subdivisions (1) through (20). (21).
(b) The term includes:
(1) a person who is required to register as a sex or violent
offender in any jurisdiction; and
(2) a child who has committed a delinquent act and who:
(A) is at least fourteen (14) years of age;
(B) is on probation, is on parole, is discharged from a facility
by the department of correction, is discharged from a secure
private facility (as defined in IC 31-9-2-115), or is discharged
from a juvenile detention facility as a result of an adjudication
as a delinquent child for an act that would be an offense
described in subsection (a) if committed by an adult; and
(C) is found by a court by clear and convincing evidence to be
likely to repeat an act that would be an offense described in
subsection (a) if committed by an adult.
(c) In making a determination under subsection (b)(2)(C), the court
shall consider expert testimony concerning whether a child is likely to
repeat an act that would be an offense described in subsection (a) if
committed by an adult.
SOURCE: IC 12-7-2-69; (13)SB0085.1.43. -->
SECTION 43. IC 12-7-2-69, AS AMENDED BY P.L.6-2012,
SECTION 82, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 69. (a) "Division", except as provided in
subsections (b) and (c), refers to any of the following:
(1) The division of disability and rehabilitative services
established by IC 12-9-1-1.
(2) The division of aging established by IC 12-9.1-1-1.
(3) The division of family resources established by IC 12-13-1-1.
(4) The division of mental health and addiction established by
IC 12-21-1-1.
(b) The term refers to the following:
(1) For purposes of the following statutes, the division of
disability and rehabilitative services established by IC 12-9-1-1:
(A) IC 12-9.
(B) IC 12-11.
(C) IC 12-12.
(D) IC 12-12.5.
(E) IC 12-12.7.
(F) IC 12-15-46-2.
(G) IC 12-28-5.
(2) For purposes of the following statutes, the division of aging
established by IC 12-9.1-1-1:
(A) IC 12-9.1.
(B) IC 12-10.
(C) IC 12-10.5.
(3) For purposes of the following statutes, the division of family
resources established by IC 12-13-1-1:
(A) IC 12-13.
(B) IC 12-14.
(C) IC 12-15.
(D) IC 12-16.
(E) IC 12-17.2.
(F) IC 12-18.
(G) IC 12-19.
(H) IC 12-20.
(4) For purposes of the following statutes, the division of mental
health and addiction established by IC 12-21-1-1:
(A) IC 12-21.
(B) IC 12-22.
(C) IC 12-23.
(D) IC 12-25.
(c) With respect to a particular state institution, the term refers to
the division whose director has administrative control of and
responsibility for the state institution.
(d) For purposes of IC 12-24, IC 12-26, and IC 12-27, the term
refers to the division whose director has administrative control of and
responsibility for the appropriate state institution.
SOURCE: IC 12-8-1.5-9; (13)SB0085.1.44. -->
SECTION 44. IC 12-8-1.5-9, AS ADDED BY P.L.160-2012,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 9. (a) Consistent with the powers and duties
of the secretary under this article, the secretary may adopt rules under
IC 4-22-2 relating to the exercise of those powers and duties.
(b) The secretary may adopt emergency rules under
IC 4-22-2-37.1(a)(37) for the following:
(1) Federal Medicaid waiver program provisions.
(2) Federal programs administered by the office of the secretary.
This subsection expires December 31, 2012.
SOURCE: IC 12-13-14-13; (13)SB0085.1.45. -->
SECTION 45. IC 12-13-14-13, AS ADDED BY P.L.96-2009,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 13. (a) Before January 1, 2010, The division
shall implement a program that provides a farmers' market
administrator or a retailer who sells food at a farmers' market with a
wired or wireless point of sale terminal that is connected to the EBT
system.
(b) Notwithstanding subsection (a), the director of the division of
family resources may limit, to a number not less than twenty (20), the
number of wired or wireless point of sale terminals that are:
(1) connected to the EBT system; and
(2) issued to a farmer's market administrator or a retailer who sells
food at a farmers' market.
This subsection expires July 1, 2010.
SOURCE: IC 13-11-2-17; (13)SB0085.1.46. -->
SECTION 46. IC 13-11-2-17, AS AMENDED BY P.L.133-2012,
SECTION 68, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2013 (RETROACTIVE)]: Sec. 17. (a) "Board", except
as provided in subsections (b) through (d), refers to the environmental
rules board established by IC 13-13-8-3.
(b) "Board", for purposes of IC 13-21, refers to the board of
directors of a solid waste management district.
(c) "Board", for purposes of IC 13-14, IC 13-23-11, and
IC 13-30-2-1, refers to the underground storage tank financial
assurance board.
(d) "Board", for purposes of IC 13-26, refers to the board of trustees
of a regional water, sewage, or solid waste district.
SOURCE: IC 13-17-3-4; (13)SB0085.1.47. -->
SECTION 47. IC 13-17-3-4, AS AMENDED BY P.L.159-2011,
SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4. (a) The board shall adopt rules under
IC 4-22-2 that are:
(1) consistent with the general intent and purposes declared in
IC 13-17-1 and section 1 of this chapter; and
(2) necessary to the implementation of the federal Clean Air Act
(42 U.S.C. 7401 et seq.), as amended by the Clean Air Act
Amendments of 1990 (P.L.101-549).
(b) Notwithstanding IC 13-15-5, the board may adopt rules under
IC 4-22-2 and IC 13-14-9 that allow the commissioner's actions on
permits and permit modifications to become effective immediately,
regardless of whether a thirty (30) day comment period is held on the
permits or permit modifications. The board may adopt rules under this
subsection only after considering the:
(1) environmental significance of;
(2) federal requirements for federally delegated or approved
programs concerning; and
(3) need for opportunity for public participation on;
the permits or permit modifications.
(c) The board may adopt rules to require sources to report hazardous
air pollutant emissions if the reporting is necessary to demonstrate
compliance with emissions and other performance standards
established under 42 U.S.C. 7412 or 42 U.S.C. 7429. The board may
amend 326 IAC 2-6 to allow the department to request hazardous air
pollutant emissions data from individual sources for the purpose of site
specific studies of hazardous air pollutant:
(1) emissions; and
(2) impacts.
(d) The board may amend 326 IAC 2-6 or adopt new rules to
establish a general requirement for sources to report hazardous air
pollutant emissions (as defined by 42 U.S.C. 7412(b)). However, the
rules amended or adopted by the board under this subsection may not
require sources to report hazardous air pollutant emissions before
January 1, 2004.
(e) For purposes of rules adopted by the board, a reference to
"chemical process plants" does not include an ethanol production
operation that:
(1) produces ethanol by natural fermentation after July 2, 2007;
and
(2) is included in the North American Industry Classification
System (NAICS) code:
(A) 325193 (Ethyl Alcohol Manufacturing); or
(B) 312140 (Distilleries);
as described in 72 FR 24059 et seq. (May 1, 2007).
This subsection expires April 1, 2012.
SOURCE: IC 13-23-8-4; (13)SB0085.1.48. -->
SECTION 48. IC 13-23-8-4, AS AMENDED BY P.L.19-2012,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4. (a) Except as provided under subsection
(b), and subject to section 4.5 of this chapter, an owner or operator may
receive money from the excess liability trust fund under section 1 of
this chapter only if the owner or operator is in substantial compliance
(as defined in 328 IAC 1-1-9) with the following requirements:
(1) The owner or operator has complied with the following:
(A) This article or IC 13-7-20 (before its repeal).
(B) Rules adopted under this article or IC 13-7-20 (before its
repeal).
A release from an underground petroleum storage tank may not
prevent an owner or operator from establishing compliance with
this subdivision to receive money from the excess liability fund.
(2) The owner or operator has paid all registration fees that are
required under rules adopted under IC 13-23-8-4.5.
(3) The owner or operator has provided the commissioner with
evidence of payment of the amount of liability the owner or
operator is required to pay under section 2 of this chapter.
(4) A corrective action plan is approved by the commissioner or
deemed approved under this subdivision. The corrective action
plan for sites with a release from an underground petroleum
storage tank that impacts soil or groundwater, or both, is
automatically deemed approved only as long as:
(A) the plan conforms with:
(i) 329 IAC 9-4 and 329 IAC 9-5; and
(ii) the department's cleanup guidelines set forth in the
Underground Storage Tank Branch Guidance Manual,
including the department's risk integrated system of closure
standards; and
(B) the soil and groundwater contamination is confined to the
owner's or operator's property.
If the corrective action plan fails to satisfy any of the requirements
of clause (A) or (B), the plan is automatically deemed
disapproved. If a corrective action plan is disapproved, the
claimant may supplement the plan. The corrective action plan is
automatically deemed approved when the cause for the
disapproval is corrected. For purposes of this subdivision, in the
event of a conflict between compliance with the corrective action
plan and the department's standards in clause (A), the
department's standards control. For purposes of this subdivision,
if there is a conflict between compliance with the corrective
action plan and the board's rules, the board's rules control. The
department may audit any corrective action plan. If the
commissioner denies the plan, a detailed explanation of all the
deficiencies of the plan must be provided with the denial.
(b) An owner, operator, or transferee of property under subsection
(e) is eligible to receive money from the fund before the owner,
operator, or transferee has a corrective action plan approved or deemed
approved if:
(1) the work for which payment is sought under IC 13-23-9-2 was
an initial response to a petroleum release that created the need for
emergency action to abate an immediate threat of harm to human
health, property, or the environment;
(2) the work is for a site characterization completed in accordance
with 329 IAC 9-5; or
(3) the department has not acted upon a corrective action plan
submitted under IC 13-23-9-2 within ninety (90) days after the
date the department receives the:
(A) plan; or
(B) application to the fund;
whichever is later.
(c) The amount of money an owner, operator, or transferee of
property under subsection (e) is eligible to receive from the fund under
subsection (b) must be calculated in accordance with 328 IAC 1-3.
(d) An owner, an operator, or a transferee of property described in
subsection (e) eligible to receive money from the fund under this
section may assign that right to another person.
(e) A transferee of property upon which a tank was located is
eligible to receive money from the fund under this section if any of the
following conditions are met: subdivisions apply:
(1) The transferor of the property was eligible to receive money
under this section with respect to the property.
(2) All of the following conditions are met:
(A) The transferee acquires acquired ownership or operation
of an underground petroleum storage tank as a result of a bona
fide, good faith transaction, negotiated at arm's length,
between parties under separate ownership.
(B) The transferor failed to pay fees due under IC 13-23-12-1.
and
(C) The department failed to record a lien against the property
under IC 13-23-7-10.
(3) The transferee pays all applicable tank fees under
IC 13-23-12-1, including past due fees and interest for each tank,
not more than thirty (30) days after receiving notice of the
indebtedness.
SOURCE: IC 14-13-1-41; (13)SB0085.1.49. -->
SECTION 49. IC 14-13-1-41, AS ADDED BY P.L.51-2012,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 41. (a) The commission may establish a
nonprofit subsidiary corporation that is exempt from federal income
taxation under Section 501(c)(3) of the Internal Revenue Code, to
solicit and accept private funding, gifts, donations, bequests, devises,
and contributions.
(b) A subsidiary corporation established under this section:
(1) shall use money received under subsection (a) to carry out in
any manner the purposes of and programs under this chapter;
(2) shall report to the budget committee each year concerning:
(A) the use of money received under subsection (a); and
(B) the balances in any accounts or funds established by the
subsidiary corporation; and
(3) may deposit money received under subsection (a) in an
account or fund that is:
(A) administered by the subsidiary corporation; and
(B) not part of the state treasury.
(c) A subsidiary corporation established under this section
is shall
be governed by a board of directors comprised of:
(1) the members of the commission appointed under section 6 of
this chapter; and
(2) any other directors that the members of the commission
appoint.
(d) Employees of the commission shall provide administrative
support for a subsidiary corporation established under this section.
(e) The state board of accounts shall annually audit a subsidiary
corporation established under this section.
SOURCE: IC 14-25-15-7; (13)SB0085.1.50. -->
SECTION 50. IC 14-25-15-7, AS ADDED BY P.L.4-2008,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 7. (a) Except as provided in section 8 of this
chapter, a person must, under the rules established under section 5(4)
of this chapter, obtain a permit from the department for a daily
withdrawal in excess of any of the following, calculated on average
over any ninety (90) day period:
(1) Five million (5,000,000) gallons from Lake Michigan surface
water.
(2) Subject to subsection (b), one hundred thousand (100,000)
gallons from a salmonid stream.
(3) For any other surface water or groundwater source, one
million (1,000,000) gallons. (1,000,000).
(b) Notwithstanding 327 IAC 2-1.5-5(a)(3), the salmonid streams
subject to subsection (a)(2) are the following:
(1) Trail Creek and its tributaries downstream to Lake Michigan.
(2) Galien River and its tributaries in LaPorte County.
(3) East Branch of the Little Calumet River and its tributaries
downstream to Lake Michigan via Burns Ditch.
(4) St. Joseph River and its tributaries in St. Joseph County from
the Twin Branch Dam in Mishawaka downstream to the
Indiana/Michigan state line.
(5) Subject to subsection (c), any other watercourse determined
by rule by the commission.
(c) Before adopting a rule under subsection (b)(5), the commission
shall seek input from the U.S. Fish and Wildlife Service.
SOURCE: IC 15-19-7-29; (13)SB0085.1.51. -->
SECTION 51. IC 15-19-7-29, AS AMENDED BY P.L.99-2012,
SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 29. A commercial feed is considered
adulterated if it meets any of the following conditions:
(1) It bears or contains a poisonous or deleterious substance that
may render it injurious to health. However, if the substance is not
an added substance, the commercial feed is not considered to be
adulterated under this subdivision if the quantity of the substance
in the commercial feed does not ordinarily render it injurious to
health.
(2) It contains an added poisonous, added deleterious, or added
nonnutritive substance that is unsafe within the meaning of
Section 406 of the federal Food, Drug, and Cosmetic Act (21
U.S.C. 346) other than one that is:
(A) a pesticide chemical in or on a raw agricultural
commodity; or
(B) a food additive.
(3) It is, or it contains, a food additive that is unsafe within the
meaning of Section 409 of the federal Food, Drug, and Cosmetic
Act (21 U.S.C. 348).
(4) It is a raw agricultural commodity and it contains a pesticide
chemical that is unsafe within the meaning of Section 408(a) of
the federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a(a)).
However, if a pesticide chemical has been used in or on a raw
agricultural commodity in conformity with an exemption granted
or a tolerance prescribed under Section 408 of the federal Food,
Drug, and Cosmetic Act (21 U.S.C. 346a) and the raw agricultural
commodity has been subjected to processing, such as canning,
cooking, freezing, dehydrating, or milling, the residue of the
pesticide chemical remaining in or on the processed feed is not
considered unsafe if:
(A) the residue in or on the raw agricultural commodity has
been removed to the extent possible in good manufacturing
practice;
(B) the concentration of the residue in the processed feed is
not greater than the tolerance prescribed for the raw
agricultural commodity; and
(C) the feeding of the processed feed will not result, or is not
likely to result, in a pesticide residue in the edible product of
the animal that is unsafe within the meaning of Section 408(a)
of the federal Food, Drug, and Cosmetic Act (21 U.S.C.
346a(a)).
(5) It is, or it contains, a color additive that is unsafe within the
meaning of Section 721 of the federal Food, Drug, and Cosmetic
Act (21 U.S.C. 379e).
(6) It is, or it contains, an animal drug that is unsafe within the
meaning of Section 512 of the federal Food, Drug, and Cosmetic
Act (21 U.S.C. 360b).
(7) If any valuable constituent has been in whole or in part
omitted or abstracted from the commercial feed or any less
valuable substance has been substituted for a valuable constituent.
(8) Its composition or quality falls below or differs from that
which it is purported or is represented to possess by its labeling.
(9) It contains a drug and the methods used in or the facilities or
controls used for its manufacture, processing, or packaging do not
conform to current good manufacturing practice rules adopted by
the state chemist to ensure that the drug:
(A) meets the requirement of this chapter as to safety; and
(B) has the identity and strength, and meets the quality and
purity characteristics that it is represented to possess.
In adopting these rules, the state chemist shall adopt the current
good manufacturing practice regulations for Type A medicated
articles and Type B and Type C medicated feeds established
under authority of the federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.), unless the state chemist determines that they
are not appropriate to the conditions that exist in Indiana.
(10) It contains viable weed seeds in amounts exceeding the limits
the state chemist establishes by rule.
(11) It consists in whole or in part of any filthy, putrid, or
decomposed substance, or it is otherwise unfit for feed.
(12) It has been prepared, packed, or held under unsanitary
conditions where under which:
(A) it may become contaminated with filth; or
(B) where it may have been become injurious to health.
(13) It is, in whole or in part, the product of a diseased animal or
of an animal that has died by means other than slaughter.
(14) It is unsafe within the meaning of Section 402(a)(1) or
402(a)(2) of the federal Food, Drug, and Cosmetic Act (21 U.S.C.
342(a)(1) and 21 U.S.C. 342(a)(2)).
(15) Its container is composed, in whole or in part, of any
poisonous or deleterious substance that may render the contents
injurious to health.
(16) It has been intentionally subjected to radiation, unless the use
of radiation was in conformity with a regulation or exemption in
effect under Section 409 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 348).
SOURCE: IC 16-18-2-7; (13)SB0085.1.52. -->
SECTION 52. IC 16-18-2-7, AS AMENDED BY P.L.77-2012,
SECTION 5, AND AS AMENDED BY P.L.114-2012, SECTION 39,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 7. (a) "Advanced life support",
for purposes of IC 16-31, means care that is given:
(1) at the scene of:
(A) an accident;
(B) an act of terrorism (as defined in IC 35-31.5-2-329), if the
governor has declared a disaster emergency under
IC 10-14-3-12 in response to the act of terrorism; or
(C) an illness;
(2) during transport; or
(3) at a hospital;
by a paramedic or an advanced emergency medical
technician-intermediate technician and that is more advanced than the
care usually provided by an emergency medical technician. or an
emergency medical technician-basic advanced.
(b) The term may include any of the following:
(1) Defibrillation.
(2) Endotracheal intubation.
(3) Parenteral injections of appropriate medications.
(4) Electrocardiogram interpretation.
(5) Emergency management of trauma and illness.
SOURCE: IC 20-19-2-8; (13)SB0085.1.53. -->
SECTION 53. IC 20-19-2-8, AS AMENDED BY P.L.145-2011,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 8. (a) In addition to any other powers and
duties prescribed by law, the state board shall adopt rules under
IC 4-22-2 concerning, but not limited to, the following matters:
(1) The designation and employment of the employees and
consultants necessary for the department. The state board shall fix
the compensation of employees of the department, subject to the
approval of the budget committee and the governor under
IC 4-12-2.
(2) The establishment and maintenance of standards and
guidelines for media centers, libraries, instructional materials
centers, or any other area or system of areas in a school where a
full range of information sources, associated equipment, and
services from professional media staff are accessible to the school
community. With regard to library automation systems, the state
board may only adopt rules that meet the standards established by
the state library board for library automation systems under
IC 4-23-7.1-11(b).
(3) The establishment and maintenance of standards for student
personnel and guidance services.
(4) This subdivision expires December 31, 2011. The
establishment and maintenance of minimum standards for driver
education programs (including classroom instruction and practice
driving) and equipment. Classroom instruction standards
established under this subdivision must include instruction about:
(A) railroad-highway grade crossing safety; and
(B) the procedure for participation in the human organ donor
program;
and must provide, effective July 1, 2010, that the classroom
instruction may not be provided to a child less than fifteen (15)
years and one hundred eighty (180) days of age.
(5) (4) The inspection of all public schools in Indiana to
determine the condition of the schools. The state board shall
establish standards governing the accreditation of public schools.
Observance of:
(A) IC 20-31-4;
(B) IC 20-28-5-2;
(C) IC 20-28-6-3 through IC 20-28-6-7;
(D) IC 20-28-11.5; and
(E) IC 20-31-3, IC 20-32-4, IC 20-32-5, IC 20-32-6, and
IC 20-32-8;
is a prerequisite to the accreditation of a school. Local public
school officials shall make the reports required of them and
otherwise cooperate with the state board regarding required
inspections. Nonpublic schools may also request the inspection
for classification purposes. Compliance with the building and site
guidelines adopted by the state board is not a prerequisite of
accreditation.
(6) (5) The distribution of funds and revenues appropriated for the
support of schools in the state.
(7) (6) The state board may not establish an accreditation system
for nonpublic schools that is less stringent than the accreditation
system for public schools.
(8) (7) A separate system for recognizing nonpublic schools under
IC 20-19-2-10. Recognition of nonpublic schools under this
subdivision constitutes the system of regulatory standards that
apply to nonpublic schools that seek to qualify for the system of
recognition.
(9) (8) The establishment and enforcement of standards and
guidelines concerning the safety of students participating in
cheerleading activities.
(10) (9) Subject to IC 20-28-2, the preparation and licensing of
teachers.
(b) Before final adoption of any rule, the state board shall make a
finding on the estimated fiscal impact that the rule will have on school
corporations.
SOURCE: IC 20-19-3-11; (13)SB0085.1.54. -->
SECTION 54. IC 20-19-3-11, AS ADDED BY P.L.46-2012,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 11. (a) The department, in collaboration with
the department of child services and organizations that have expertise
in child abuse, including child sexual abuse, shall identify or develop:
(1) research and evidence based model educational materials on
child abuse and child sexual abuse; and
(2) a model for child abuse and child sexual abuse response
policies and reporting procedures.
To identify or develop models under this subsection, the department
may not hire additional staff members or expend funds not already
included in the department's budget.
(b) Not later than July 1, 2013, the department shall make the
models developed or identified under this section available to assist
schools with the implementation of:
(1) child abuse and child sexual abuse education programs in
grade 2 through grade 5; and
(2) child abuse and child sexual abuse response and reporting
policies.
(c) The model educational materials on child abuse and child sexual
abuse identified or developed under subsection (a) may include the
following topics:
(1) Warning signs of a child who is being abused or sexually
abused.
(2) The basic principles of child abuse and child sexual abuse
prevention.
(3) Methods of student, teacher, and parental education and
outreach.
(d) The model child abuse and child sexual abuse response and
reporting policies referred to in subsection (b) may include the
following topics:
(1) Actions that a child who is a victim of abuse or sexual abuse
may take to obtain assistance.
(2) Interventions.
(3) Counseling options.
(4) Educational support available for a child who is a victim of
abuse or sexual abuse to enable the child to continue to be
successful in school.
(5) Reporting procedures.
(e) A school that chooses to use the model educational materials
developed under subsection (a) shall inform the parents of students in
the grade levels in which the materials could be used, in writing and by
posting on the school's Internet web site, that a parent may:
(1) examine and review the model educational materials before
the materials are taught; and
(2) decide if the parent's child will be instructed with the model
educational materials.
(f) If a parent decides that the parent's child may be taught using the
model educational materials, the parent shall notify the school of the
parent's decision in writing or electronically.
SOURCE: IC 20-24-9-7; (13)SB0085.1.55. -->
SECTION 55. IC 20-24-9-7, AS ADDED BY P.L.148-2012,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 7. The organizer of a charter school shall
publish the names of the members of the charter school's governing
body on the school's Internet web site.
SOURCE: IC 20-25-13-5; (13)SB0085.1.56. -->
SECTION 56. IC 20-25-13-5, AS ADDED BY P.L.1-2005,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 5. Development and implementation of a staff
performance evaluation plan for each school is a condition for
accreditation for the school under IC 20-19-2-8(a)(5).
IC 20-19-2-8(a)(4).
SOURCE: IC 20-45-1; (13)SB0085.1.57. -->
SECTION 57. IC 20-45-1 IS REPEALED [EFFECTIVE UPON
PASSAGE]. (Definitions).
SOURCE: IC 21-7-13-6; (13)SB0085.1.58. -->
SECTION 58. IC 21-7-13-6, AS AMENDED BY P.L.107-2012,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 6. (a) "Approved postsecondary educational
institution", for purposes of this title (except section 15 of this chapter,
IC 21-12-6,
IC 21-12-7, and IC 21-13-1-4) means the following:
(1) A postsecondary educational institution that operates in
Indiana and:
(A) provides an organized two (2) year or longer program of
collegiate grade directly creditable toward a baccalaureate
degree;
(B) is either operated by the state or operated nonprofit; and
(C) is accredited by a recognized regional accrediting agency,
including:
(i) Ancilla College;
(ii) Anderson University;
(iii) Bethel College;
(iv) Butler University;
(v) Calumet College of St. Joseph;
(vi) DePauw University;
(vii) Earlham College;
(viii) Franklin College;
(ix) Goshen College;
(x) Grace College and Seminary;
(xi) Hanover College;
(xii) Holy Cross College;
(xiii) Huntington University;
(xiv) Indiana Institute of Technology;
(xv) Indiana Wesleyan University;
(xvi) Manchester College;
(xvii) Marian University;
(xviii) Martin University;
(xix) Oakland City University;
(xx) Rose-Hulman Institute of Technology;
(xxi) Saint Joseph's College;
(xxii) Saint Mary-of-the-Woods College;
(xxiii) Saint Mary's College;
(xxiv) Taylor University;
(xxv) Trine University;
(xxvi) University of Evansville;
(xxvii) University of Indianapolis;
(xxviii) University of Notre Dame;
(xxix) University of Saint Francis;
(xxx) Valparaiso University; and
(xxxi) Wabash College;
or is accredited by the board for proprietary education under
IC 21-18.5-6 or an accrediting agency recognized by the
United States Department of Education.
(2) Ivy Tech Community College.
(3) A hospital that operates a nursing diploma program that is
accredited by the Indiana state board of nursing.
(4) A postsecondary credit bearing proprietary educational
institution that meets the following requirements:
(A) Is incorporated in Indiana, or is registered as a foreign
corporation doing business in Indiana.
(B) Is fully accredited by and is in good standing with the
board for proprietary education under IC 21-18.5-6.
(C) Is accredited by and is in good standing with a regional or
national accrediting agency.
(D) Offers a course of study that is at least eighteen (18)
consecutive months in duration (or an equivalent to be
determined by the board for proprietary education under
IC 21-18.5-6) and that leads to an associate or a baccalaureate
degree recognized by the board for proprietary education
under IC 21-18.5-6.
(E) Is certified by the board for proprietary education as
meeting the requirements of this subdivision.
(b) "Approved postsecondary educational institution" for purposes
of section 15 of this chapter, IC 21-12-6,
IC 21-12-7, and IC 21-13-1-4,
means the following:
(1) A state educational institution.
(2) A nonprofit college or university.
(3) A postsecondary credit bearing proprietary educational
institution that is accredited by an accrediting agency recognized
by the United States Department of Education.
SOURCE: IC 21-18.5-1-1; (13)SB0085.1.59. -->
SECTION 59. IC 21-18.5-1-1, AS ADDED BY P.L.107-2012,
SECTION 58, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1. (a) As used in this section, "contract" refers
to a contract or guarantee entered into by the state student assistance
commission (before its abolishment on July 1, 2012) or by the state
student assistance commission (as it existed before the enactment of
P.L.128-1990).
(b) After June 30, 2012, a contract entered into by the state student
assistance commission (before its abolishment on July 1, 2012) or by
the state student assistance commission (as it existed before the
enactment of P.L.128-1990) is a contract of the commission for higher
education established by IC 21-18-2-1.
(c) The:
(1) amendments made by P.L.128-1990; and
(2) repeal of IC 21-11 and addition of this article by legislation
enacted during the 2012 session of the general assembly;
P.L.107-2012;
do not affect the rights, duties, or obligations of the commission for
higher education established by IC 21-18-2-1 or a person who before
July 1, 2012, had a contract with the state student assistance
commission (before its abolishment on July 1, 2012) or with the state
student assistance commission (as it existed before the enactment of
P.L.128-1990).
(d) A person or the commission for higher education established by
IC 21-18-2-1 may enforce a right or compel performance of a duty with
respect to a contract as if:
(1) P.L.128-1990; and
(2) the repeal of IC 21-11 and conforming amendments made to
IC 21-7 through IC 21-17 by legislation enacted during the 2012
session of the general assembly; P.L.107-2012;
had not been enacted.
SOURCE: IC 21-18.5-1-4; (13)SB0085.1.60. -->
SECTION 60. IC 21-18.5-1-4, AS ADDED BY P.L.107-2012,
SECTION 58, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4. (a) Changes made by P.L.218-1987 do not
affect:
(1) rights or liabilities accrued;
(2) penalties incurred;
(3) crimes committed; or
(4) proceedings begun;
before July 1, 1987. These rights, liabilities, penalties, crimes, and
proceedings continue and shall be imposed and enforced under prior
law as if P.L.218-1987 had not been enacted.
(b) The abolishment of the Indiana commission on proprietary
education on July 1, 2012, by legislation enacted during the 2012
session of the general assembly P.L.107-2012 does not affect:
(1) rights or liabilities accrued;
(2) penalties incurred;
(3) crimes committed; or
(4) proceedings begun;
before July 1, 2012, that pertain to a postsecondary credit bearing
proprietary educational institution. These rights, liabilities, penalties,
crimes, and proceedings continue and shall be imposed and enforced
by the board for proprietary education established by IC 21-18.5-5-1.
(c) The abolishment of the Indiana commission on proprietary
education on July 1, 2012, by legislation enacted during the 2012
session of the general assembly P.L.107-2012 does not affect:
(1) rights or liabilities accrued;
(2) penalties incurred;
(3) crimes committed; or
(4) proceedings begun;
before July 1, 2012, that pertain to a postsecondary proprietary
educational institution (as defined in IC 22-4.1-21-9). These rights,
liabilities, penalties, crimes, and proceedings continue and shall be
imposed and enforced by the state workforce innovation council
established under IC 22-4-18.1-3.
SOURCE: IC 21-18.5-6-12; (13)SB0085.1.61. -->
SECTION 61. IC 21-18.5-6-12, AS ADDED BY P.L.107-2012,
SECTION 58, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 12. (a) After an investigation and a finding
that the information in the application is true and
that the
postsecondary credit bearing proprietary educational institution meets
the minimum standards, the
commission on postsecondary proprietary
education board for proprietary education shall issue an
accreditation to the postsecondary credit bearing proprietary
educational institution upon payment of an additional fee of at least
twenty-five dollars ($25). An applicant's market research may not be
considered or required by the board for proprietary education as a
condition for accrediting or renewing the accreditation of or for
approval of the programs of a postsecondary credit bearing proprietary
educational institution.
(b) The board for proprietary education may waive inspection of a
postsecondary credit bearing proprietary educational institution that has
been accredited by an accrediting unit whose standards are approved
by the board for proprietary education as meeting or exceeding the
requirements of this chapter.
(c) A valid license, approval to operate, or other form of
accreditation issued to a postsecondary credit bearing proprietary
educational institution by another state may be accepted, instead of
inspection, if:
(1) the requirements of that state meet or exceed the requirements
of this chapter; and
(2) the other state will, in turn, extend reciprocity to
postsecondary credit bearing proprietary educational institutions
accredited by the board for proprietary education.
(d) An accreditation issued under this section expires one (1) year
following the accreditation's issuance.
(e) An accredited postsecondary credit bearing proprietary
educational institution may renew the institution's accreditation
annually upon:
(1) the payment of a fee of at least twenty-five dollars ($25); and
(2) continued compliance with this chapter.
SOURCE: IC 21-18.5-6-20; (13)SB0085.1.62. -->
SECTION 62. IC 21-18.5-6-20, AS ADDED BY P.L.107-2012,
SECTION 58, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 20. (a) This section applies to claims against
the balance of the career college student assurance fund.
(b) A student or
an enrollee of a postsecondary credit bearing
proprietary educational institution who believes that the student or
enrollee has suffered loss or damage resulting from any of the
occurrences described in section 6(a) of this chapter may
request the
board for proprietary education to file a claim with the board for
proprietary education against the balance of the fund.
(c) A claim under this section is limited to a refund of the claimant's
applicable tuition and fees.
(d) All claims must be filed not later than five (5) years after the
occurrence resulting in the loss or damage to the claimant occurs.
(e) Upon the filing of a claim under this section, the board for
proprietary education shall review the records submitted by the
appropriate postsecondary credit bearing proprietary educational
institution described under section 12 of this chapter and shall
investigate the claim.
(f) Upon a determination by the
commission on postsecondary
proprietary education board for proprietary education that a claimant
shall be reimbursed under the career college student assurance fund,
the board for proprietary education shall prioritize the reimbursements
under the following guidelines:
(1) A student's educational loan balances.
(2) Federal grant repayment obligations of the student.
(3) Other expenses paid directly by the student.
SOURCE: IC 21-18.5-6-26; (13)SB0085.1.63. -->
SECTION 63. IC 21-18.5-6-26, AS ADDED BY P.L.107-2012,
SECTION 58, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 26. (a) As used in this section, "fund" means
the postsecondary credit bearing proprietary educational institution
accreditation fund established by subsection (b).
(b) The postsecondary credit bearing proprietary educational
institution accreditation fund is established.
(c) The fund shall be administered by the commission (as defined
in IC 21-18.5-2-7.).
(d) Money in the fund at the end of a state fiscal year does not revert
to the general fund.
(e) All fees collected by the board for proprietary education under
this chapter shall be deposited in the fund.
(f) Money in the fund shall be used by the board for postsecondary
proprietary education to administer this chapter.
SOURCE: IC 24-4-18-8; (13)SB0085.1.64. -->
SECTION 64. IC 24-4-18-8, AS ADDED BY P.L.69-2012,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 8. (a) If there is a violation of section 6 or 7 of
this chapter, the attorney general may bring an action to enforce a
violation of section 6 or 7 of this chapter. In addition to any injunctive
or other relief, the attorney general may recover a civil penalty of:
(1) not more than one thousand dollars ($1,000) for a first
violation; and
(2) not more than five thousand dollars ($5,000) for a second or
subsequent violation.
(b) Any person injured by a violation of section 6 or 7 of this
chapter may bring an action to recover:
(1) the greater of:
(A) actual damages, including consequential damages; or
(B) liquidated damages of five hundred dollars ($500); and
(2) court costs and reasonable attorney's fees.
SOURCE: IC 24-4.4-1-202; (13)SB0085.1.65. -->
SECTION 65. IC 24-4.4-1-202, AS AMENDED BY P.L.27-2012,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 202. (a) As used in this section, "balloon
payment", with respect to a mortgage transaction, means any payment:
that:
(1) that the creditor requires the debtor to make at any time
during the term of the mortgage;
(2) that represents the entire amount of the outstanding balance
with respect to the mortgage; and
(3) the entire amount of which is due as of a specified date or at
the end of a specified period;
if the aggregate amount of the minimum periodic payments required
under the mortgage would not fully amortize the outstanding balance
by the specified date or at the end of the specified period. The term
does not include a payment required by a creditor under a due-on-sale
clause (as defined in 12 U.S.C. 1701j-3(a)) or a payment required by
a creditor under a provision in the mortgage that permits the creditor
to accelerate the debt upon the debtor's default or failure to abide by the
material terms of the mortgage.
(b) This article does not apply to the following:
(1) Extensions of credit to government or governmental agencies
or instrumentalities.
(2) A first lien mortgage transaction in which the debt is incurred
primarily for a purpose other than a personal, family, or
household purpose.
(3) An extension of credit primarily for a business, a commercial,
or an agricultural purpose.
(4) Except for IC 24-4.4-2-401(2), IC 24-4.4-2-402.3,
IC 24-4.4-2-405(4), and IC 24-4.4-2-405(5), a first lien mortgage
transaction made:
(a) in compliance with the requirements of; and
(b) by a community development corporation (as defined in
IC 4-4-28-2) acting as a subrecipient of funds from;
the Indiana housing and community development authority
established by IC 5-20-1-3.
(5) Except for IC 24-4.4-2-401(2), IC 24-4.4-2-402.3,
IC 24-4.4-2-405(4), and IC 24-4.4-2-405(5), a first lien mortgage
transaction made by an entity that exclusively uses funds provided
by the United States Department of Housing and Urban
Development under Title 1 of the federal Housing and
Community Development Act of 1974, Public Law 93-383, as
amended (42 U.S.C. 5301 et seq.).
(6) An extension of credit originated by:
(a) a depository institution;
(b) subsidiaries that are:
(i) owned and controlled by a depository institution; and
(ii) regulated by a federal banking agency; or
(c) an institution regulated by the Farm Credit Administration.
(7) Except for IC 24-4.4-2-401(2), IC 24-4.4-2-402.3,
IC 24-4.4-2-405(4), and IC 24-4.4-2-405(5), a credit union service
organization that is majority owned, directly or indirectly, by one
(1) or more credit unions.
(8) A first lien mortgage transaction originated by a registered
mortgage loan originator, when acting for an entity described in
subsection (6).
However, a privately insured state chartered credit
union shall
also comply with the system of mortgage loan
originator registration developed by the Federal Financial
Institutions Examinations Council under Section 1507 of the
federal Secure and Fair Enforcement for Mortgage Licensing Act
of 2008 (SAFE).
(9) An individual who offers or negotiates terms of a mortgage
transaction with or on behalf of an immediate family member of
the individual.
(10) An individual who offers or negotiates terms of a mortgage
transaction secured by a dwelling that served as the individual's
residence.
(11) Unless the attorney is compensated by:
(a) a lender;
(b) a mortgage broker;
(c) another mortgage loan originator; or
(d) any agent of the lender, mortgage broker, or other
mortgage loan originator described in clauses (a) through (c);
a licensed attorney who negotiates the terms of a mortgage
transaction on behalf of a client as an ancillary matter to the
attorney's representation of the client.
(12) The United States, any state or local government, or any
agency or instrumentality of any governmental entity, including
United States government sponsored enterprises.
(13) A person in whose name a tablefunded transaction is closed,
as described in section 301(34)(a) of this chapter. However, the
exemption provided by this subsection does not apply if:
(a) the transaction:
(i) is secured by a dwelling that is a mobile home, a
manufactured home, or a trailer; and
(ii) is not also secured by an interest in land; and
(b) the person in whose name the transaction is closed, as
described in section 301(34)(a) of this chapter, sells the
dwelling to the debtor through a retail installment contract or
other similar transaction.
(14) A bona fide nonprofit organization not operating in a
commercial context, as determined by the director, if the
following criteria are satisfied:
(a) Subject to clause (b), the organization originates only one
(1) or both of the following types of mortgage transactions:
(i) Zero (0) interest first lien mortgage transactions.
(ii) Zero (0) interest subordinate lien mortgage transactions.
(b) The organization does not require, under the terms of the
mortgage or otherwise, balloon payments with respect to the
mortgage transactions described in clause (a).
(c) The organization is exempt from federal income taxation
under Section 501(c)(3) of the Internal Revenue Code.
(d) The organization's primary purpose is to serve the public
by helping low income individuals and families build, repair,
and purchase housing.
(e) The organization uses only:
(i) unpaid volunteers; or
(ii) employees whose compensation is not based on the
number or size of any mortgage transactions that the
employees originate;
to originate the mortgage transactions described in clause (a).
(f) The organization does not charge loan origination fees in
connection with the mortgage transactions described in clause
(a).
(15) A bona fide nonprofit organization (as defined in section
301(37) of this chapter) if the following criteria are satisfied:
(a) For each calendar year that the organization seeks the
exemption provided by this subdivision, the organization
certifies, not later than December 31 of the preceding calendar
year and on a form prescribed by the director and accompanied
by such documentation as required by the director, that the
organization is a bona fide nonprofit organization (as defined
in section 301(37) of this chapter).
(b) The director determines that the organization originates
only mortgage transactions that are favorable to the debtor. For
purposes of this clause, a mortgage transaction is favorable to
the debtor if the director determines that the terms of the
mortgage transaction are consistent with terms of mortgage
transactions made in a public or charitable context, rather than
in a commercial context.
SOURCE: IC 24-5-23.5-4; (13)SB0085.1.66. -->
SECTION 66. IC 24-5-23.5-4, AS AMENDED BY P.L.89-2011,
SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4. (a) As used in this chapter, "mortgage loan"
means a loan in which a mortgage (or another equivalent consensual
security interest) that constitutes a lien is created or retained against an
interest in real property in Indiana.
(b) The term includes the following:
(1) A home loan subject to IC 24-9.
(2) A loan described in IC 24-9-1-1, to the extent allowed under
federal law.
(3) A first lien mortgage transaction (as defined in
IC 24-4.4-1-301) subject to IC 24-4.4.
(4) A consumer credit sale subject to IC 24-4.5-2 in which a
mortgage (or another equivalent consensual security interest) that
constitutes a lien is created or retained against an interest in real
property in Indiana.
(5) A consumer credit loan subject to IC 24-4.5-3 in which a
mortgage (or another equivalent consensual security interest) that
constitutes a lien is created or retained against an interest in real
property in Indiana.
(6) A loan in which a mortgage (or another equivalent consensual
security interest) that constitutes a lien is created or retained
against land:
(A) that is located in Indiana;
(B) upon which there is a dwelling that is not or will not be
used by the borrower primarily for personal, family, or
household purposes; and
(C) that is classified as residential for property tax purposes.
The term includes a loan that is secured by land in Indiana upon
which there is a dwelling that is purchased by or through the
borrower for investment or other business purposes.
(c) The term does not include a land contract.
SOURCE: IC 24-9-3-7; (13)SB0085.1.67. -->
SECTION 67. IC 24-9-3-7, AS AMENDED BY P.L.27-2012,
SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 7. (a) As used in this section, "mortgage
transaction" includes the following:
(1) A home loan subject to this article.
(2) To the extent allowed under federal law, a loan described in
IC 24-9-1-1 that is secured by a mortgage or a land contract (or
another consensual security interest equivalent to a mortgage or
a land contract) on real estate in Indiana on which there is located
or will be located a structure or structures:
(A) designed primarily for occupancy of one (1) to four (4)
families; and
(B) that is or will be occupied by a borrower as the borrower's
principal dwelling.
(3) A first lien mortgage transaction (as defined in
IC 24-4.4-1-301) subject to IC 24-4.4.
(4) A consumer credit sale subject to IC 24-4.5-2 in which a
mortgage or a land contract (or another consensual security
interest equivalent to a mortgage or a land contract) that
constitutes a lien is created or retained against land:
(A) that is located in Indiana; and
(B) upon which there is constructed or intended to be
constructed a dwelling that is or will be used by the debtor
primarily for personal, family, or household purposes.
(5) A consumer credit loan subject to IC 24-4.5-3 in which a
mortgage or a land contract (or another consensual security
interest equivalent to a mortgage or a land contract) that
constitutes a lien is created or retained against land:
(A) that is located in Indiana; and
(B) upon which there is constructed or intended to be
constructed a dwelling that is or will be used by the debtor
primarily for personal, family, or household purposes.
(6) A loan in which a mortgage or a land contract (or another
consensual security interest equivalent to a mortgage or a land
contract) that constitutes a lien is created or retained against land:
(A) that is located in Indiana;
(B) upon which there is constructed or intended to be
constructed a dwelling that is not or will not be used by the
borrower primarily for personal, family, or household
purposes; and
(C) that is classified as residential for property tax purposes.
The term includes a loan that is secured by land in Indiana upon
which there is constructed or intended to be constructed a
dwelling that is purchased by or through the borrower for
investment or other business purposes.
(7) A reverse mortgage transaction that is secured by real estate
in Indiana on which there is located a structure that is occupied by
a borrower as the borrower's principal dwelling.
(b) As used in this section, "real estate transaction" means the sale
or lease of any legal or equitable interest in real estate:
(1) that is located in Indiana;
(2) upon which there is constructed or intended to be constructed
a dwelling; and
(3) that is classified as residential for property tax purposes.
(c) A person may not do any of the following:
(1) Divide a home loan transaction into separate parts with the
intent of evading a provision of this article.
(2) Structure a home loan transaction as an open-end loan with
the intent of evading the provisions of this article if the home loan
would be a high cost home loan if the home loan had been
structured as a closed-end loan.
(3) Engage in a deceptive act in connection with a mortgage
transaction or a real estate transaction.
(4) Engage in, or solicit to engage in, a real estate transaction or
a mortgage transaction without a permit or license required by
law.
(5) With respect to a real estate transaction or a mortgage
transaction, represent that:
(A) the transaction has:
(i) certain terms or conditions; or
(ii) the sponsorship or approval of a particular person or
entity;
that it does not have and that the person knows or reasonably
should know it does not have; or
(B) the real estate or property that is the subject of the
transaction has any improvements, appurtenances, uses,
characteristics, or associated benefits that it does not have and
that the person knows or reasonably should know it does not
have.
(6) Maintain or offer to maintain an account for the receipt of
funds for the payment of real estate taxes and insurance unless the
person is any of the following:
(A) Any of the following that is chartered under the laws of a
state or the United States:
(i) A bank.
(ii) A savings and loan association.
(iii) A credit union.
(iv) A savings bank.
(B) The creditor in a mortgage transaction.
(C) A mortgage servicer acting on behalf of the creditor in a
mortgage transaction.
(D) A closing agent (as defined in IC 27-7-3.7-1).
(7) Fail to provide the notice required under subsection (d), within
the time specified in subsection (d), if the person is a seller in a
real estate transaction described in subsection (d).
(d) This subsection applies to a real estate transaction that involves
a land contract between the seller and the buyer in the transaction. If
the real estate that is the subject of the transaction is subject to any
encumbrance, including any tax lien, foreclosure action, legal
judgment, or other encumbrance affecting the title to the real estate, the
seller must provide written notice by certified mail, return receipt
requested, of the encumbrance to the buyer:
(1) not later than the time the land contract is executed, if the
encumbrance is created before or at the time the land contract is
executed; or
(2) not later than ten (10) business days after the encumbrance is
created, if the encumbrance is created after the land contract is
executed.
SOURCE: IC 25-15-10-2; (13)SB0085.1.68. -->
SECTION 68. IC 25-15-10-2, AS ADDED BY P.L.95-2012,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. As used in this section, "funeral
ceremonies" refer refers to services or rites commemorating the
deceased, with the dead human body present, conducted: at:
(1) in churches;
(2) in funeral homes;
(3) in cemeteries;
(4) in crematories; or
(5) elsewhere.
Funeral ceremonies include visitations, funerals, graveside funeral
services, and other similar rites or ceremonies.
SOURCE: IC 25-26-13-25; (13)SB0085.1.69. -->
SECTION 69. IC 25-26-13-25, AS AMENDED BY P.L.152-2012,
SECTION 13, AND AS AMENDED BY P.L.159-2012, SECTION 6,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 25. (a) All original
prescriptions, whether in written or electronic format, shall be
numbered and maintained in numerical and chronological order, or in
a manner approved by the board and accessible for at least two (2)
years in the pharmacy. A prescription transmitted from a practitioner
by means of communication other than writing must immediately be
reduced to writing or recorded in an electronic format by the
pharmacist. The files shall be open for inspection to any member of the
board or
it's the board's duly authorized agent or representative.
(b) A prescription may be electronically transmitted from the
practitioner by computer or another electronic device to a pharmacy
that is licensed under this article or any other state or territory. An
electronic data intermediary that is approved by the board:
(1) may transmit the prescription information between the
prescribing practitioner and the pharmacy;
(2) may archive copies of the electronic information related to the
transmissions as necessary for auditing and security purposes; and
(3) must maintain patient privacy and confidentiality of all
archived information as required by applicable state and federal
laws.
(c) Except as provided in subsection (d), a prescription for any drug,
the label of which bears either the legend, "Caution: Federal law
prohibits dispensing without prescription" or "Rx Only", may not be
refilled without written, electronically transmitted, or oral authorization
of a licensed practitioner.
(d) A prescription for any drug, the label of which bears either the
legend, "Caution: Federal law prohibits dispensing without
prescription" or "Rx Only", may be refilled by a pharmacist one (1)
time without the written, electronically transmitted, or oral
authorization of a licensed practitioner if all of the following conditions
are met:
(1) The pharmacist has made every reasonable effort to contact
the original prescribing practitioner or the practitioner's designee
for consultation and authorization of the prescription refill.
(2) The pharmacist believes that, under the circumstances, failure
to provide a refill would be seriously detrimental to the patient's
health.
(3) The original prescription authorized a refill but a refill would
otherwise be invalid for either of the following reasons:
(A) All of the authorized refills have been dispensed.
(B) The prescription has expired under subsection (g). (h).
(4) The prescription for which the patient requests the refill was:
(A) originally filled at the pharmacy where the request for a
refill is received and the prescription has not been transferred
for refills to another pharmacy at any time; or
(B) filled at or transferred to another location of the same
pharmacy or its affiliate owned by the same parent corporation
if the pharmacy filling the prescription has full access to
prescription and patient profile information that is
simultaneously and continuously updated on the parent
corporation's information system.
(5) The drug is prescribed for continuous and uninterrupted use
and the pharmacist determines that the drug is being taken
properly in accordance with IC 25-26-16.
(6) The pharmacist shall document the following information
regarding the refill:
(A) The information required for any refill dispensed under
subsection (e).
(B) The dates and times that the pharmacist attempted to
contact the prescribing practitioner or the practitioner's
designee for consultation and authorization of the prescription
refill.
(C) The fact that the pharmacist dispensed the refill without
the authorization of a licensed practitioner.
(7) The pharmacist notifies the original prescribing practitioner
of the refill and the reason for the refill by the practitioner's next
business day after the refill has been made by the pharmacist.
(8) Any pharmacist initiated refill under this subsection may not
be for more than the minimum amount necessary to supply the
patient through the prescribing practitioner's next business day.
However, a pharmacist may dispense a drug in an amount greater
than the minimum amount necessary to supply the patient through
the prescribing practitioner's next business day if:
(A) the drug is packaged in a form that requires the pharmacist
to dispense the drug in a quantity greater than the minimum
amount necessary to supply the patient through the prescribing
practitioner's next business day; or
(B) the pharmacist documents in the patient's record the
amount of the drug dispensed and a compelling reason for
dispensing the drug in a quantity greater than the minimum
amount necessary to supply the patient through the prescribing
practitioner's next business day.
(9) Not more than one (1) pharmacist initiated refill is dispensed
under this subsection for a single prescription.
(10) The drug prescribed is not a controlled substance.
A pharmacist may not refill a prescription under this subsection if the
practitioner has designated on the prescription form the words "No
Emergency Refill".
(e) When refilling a prescription, the refill record shall include:
(1) the date of the refill;
(2) the quantity dispensed if other than the original quantity; and
(3) the dispenser's identity on:
(A) the original prescription form; or
(B) another board approved, uniformly maintained, readily
retrievable record.
(f) The original prescription form or the other board approved
record described in subsection (e) must indicate by the number of the
original prescription the following information:
(1) The name and dosage form of the drug.
(2) The date of each refill.
(3) The quantity dispensed.
(4) The identity of the pharmacist who dispensed the refill.
(5) The total number of refills for that prescription.
(g) This subsection does not apply:
(1) unless a patient requests a prescription drug supply of more
than thirty (30) days;
(2) to the dispensing of a controlled substance (as defined in
IC 35-48-1-9); or
(3) if a prescriber indicates on the prescription that the quantity
of the prescription may not be changed.
A pharmacist may dispense, upon request of the patient, personal or
legal representative of the patient, or guardian of the patient, not more
than a ninety (90) day supply of medication if the patient has
completed an initial thirty (30) day supply of the drug therapy and the
prescription, including any refills, allows a pharmacist to dispense at
least a ninety (90) day supply of the medication. However, a
pharmacist shall notify the prescriber of the change in the quantity
filled and must comply with state and federal laws and regulations
concerning the dispensing limitations concerning a prescription drug.
The pharmacist shall inform the customer concerning whether the
additional supply of the prescription will be covered under the
patient's insurance, if applicable.
(g) (h) A prescription is valid for not more than one (1) year after
the original date of issue.
(h) (i) A pharmacist may not knowingly dispense a prescription after
the demise of the practitioner, unless in the pharmacist's professional
judgment it is in the best interest of the patient's health.
(i) (j) A pharmacist may not knowingly dispense a prescription after
the demise of the patient.
(j) (k) A pharmacist or a pharmacy shall not resell, reuse, or
redistribute a medication that is returned to the pharmacy after being
dispensed unless the medication:
(1) was dispensed to an individual:
(A) residing in an institutional facility (as defined in 856
IAC 1-28.1-1(6));
(B) in a hospice program under IC 16-25; or
(C) in a county jail or department of correction facility;
(2) was properly stored and securely maintained according to
sound pharmacy practices;
(3) is returned unopened and:
(A) was dispensed in the manufacturer's original:
(i) bulk, multiple dose container with an unbroken tamper
resistant seal; or
(ii) unit dose package; or
(B) was packaged by the dispensing pharmacy in a:
(i) multiple dose blister container; or
(ii) unit dose package;
(4) was dispensed by the same pharmacy as the pharmacy
accepting the return;
(5) is not expired; and
(6) is not a controlled substance (as defined in IC 35-48-1-9),
unless the pharmacy holds a
Type Category II permit (as
described in section 17 of this chapter).
(k) (l) A pharmacist or a pharmacy shall not resell, reuse, or
redistribute medical devices or medical supplies used for prescription
drug therapy that have been returned to the pharmacy after being
dispensed unless the medical devices or medical supplies:
(1) were dispensed to an individual in a county jail or department
of correction facility;
(2) are not expired; and
(3) are returned unopened and in the original sealed packaging.
(l) (m) A pharmacist may use the pharmacist's professional
judgment as to whether to accept medication for return under this
section.
(m) (n) A pharmacist who violates subsection (d) commits a Class
A infraction.
SOURCE: IC 27-9-3.1-1; (13)SB0085.1.70. -->
SECTION 70. IC 27-9-3.1-1, AS ADDED BY P.L.11-2011,
SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1. (a) As used in this chapter, "actual direct
compensatory damages" includes:
(1) normal and reasonable costs of cover; and
(2) other reasonable measures of damages used in the derivatives
market, the securities market, or another market for contract
claims.
(b) The term does not include:
(1) punitive or exemplary damages;
(2) damages for lost profit or lost opportunity; or
(3) damages for pain and suffering.
SOURCE: IC 28-1-7-1; (13)SB0085.1.71. -->
SECTION 71. IC 28-1-7-1, AS AMENDED BY P.L.27-2012,
SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1. (a) As used in this chapter, "corporation"
means:
(1) a bank;
(2) a trust company;
(3) a corporate fiduciary;
(4) a savings bank organized, reorganized, or formed as a result
of a conversion after December 31, 1992;
(5) a savings association; or
(6) an industrial loan and investment company that maintains
federal deposit insurance.
(b) As used in this chapter, "shareholder", with respect to a:
(1) mutual savings bank; or
(2) mutual saving savings association;
refers to a member of the mutual savings bank or mutual savings
association.
(c) Any two (2) or more corporations that are organized or
reorganized under the laws of any state (as defined in IC 28-2-17-19)
or of the United States may merge into one (1) of such corporations, or
may consolidate into a new corporation, to be organized under
IC 28-12, by complying with the provisions of this chapter.
(d) A savings bank organized before January 1, 1993, may under
section 25 of this chapter merge, consolidate, or join together with a
bank or trust company. Except as provided in section 25 of this chapter,
all other provisions of this chapter apply to the merger, consolidation,
or joining together.
(e) A corporation organized or reorganized under the laws of a state
(as defined in IC 28-2-17-19) or of the United States may merge or
consolidate with one (1) or more of its affiliates (as defined in
IC 28-1-18.2-1) by complying with all the provisions of this chapter. In
effecting a merger or consolidation between a corporation and an
affiliate, this chapter applies as if the affiliate were a corporation except
that a noncorporation survivor of a merger or consolidation does not
retain powers of the corporation.
SOURCE: IC 28-1-8-0.7; (13)SB0085.1.72. -->
SECTION 72. IC 28-1-8-0.7, AS ADDED BY P.L.27-2012,
SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 0.7. As used in this chapter, "shareholder",
with respect to a:
(1) mutual savings bank; or
(2) mutual saving savings association;
refers to a member of the mutual savings bank or mutual savings
association.
SOURCE: IC 28-6.1-1-2; (13)SB0085.1.73. -->
SECTION 73. IC 28-6.1-1-2, AS AMENDED BY P.L.27-2012,
SECTION 81, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. (a) This section applies only to a savings
bank (whether in stock or mutual form of ownership) that was:
(1) formed as a result of conversion under IC 28-1-21.7,
IC 28-1-21.8, or IC 28-1-21.9 after December 31, 1992;
(2) incorporated under IC 28-12; or
(3) formed as a result of conversion under IC 28-1-30.
(b) A savings bank described in subsection (a) is governed by
IC 28-13 in addition to this article.
(c) A reference in this article to formation and operation by a board
means formation by conversion and operation by an elected board of
directors.
(d) As to a mutual savings bank, a reference in IC 28-13-5,
IC 28-13-6, IC 28-1-7, IC 28-1-7.1, IC 28-1-8, or IC 28-1-9 to
shareholders and shareholders' meetings means members and members'
meetings.
(e) Notwithstanding subsection (d), in a proposed disposition
described in IC 28-1-8-3(b), of this chapter, the rights and remedies for
dissenting shareholders set forth in IC 28-1-7-21 do not apply.
SOURCE: IC 28-11-5-10; (13)SB0085.1.74. -->
SECTION 74. IC 28-11-5-10, AS AMENDED BY P.L.27-2012,
SECTION 108, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 10. (a) Subject to subsection
(g), a financial institution described in section 1 of this chapter that is
subject to this chapter may:
(1) be organized as a limited liability company;
(2) convert to a limited liability company; or
(3) merge with or into a limited liability company;
under the laws of Indiana or the United States, including any rules or
regulations adopted or promulgated under the laws of Indiana or the
United States.
(b) A financial institution organized as a limited liability company
is subject to:
(1) IC 23-18; and
(2) this title.
If a provision of IC 23-18 conflicts with a provision of this title or with
any rule of the department, the provision of this title or the rule
of the
department controls.
(c) Any filing required to be made under IC 23-18 shall be made in
the same manner as for a financial institution that is organizing or is
organized in stock form.
(d) The department may prescribe any requirements for:
(1) the articles of organization; and
(2) the operating agreement;
of a financial institution that is organized and operates as a limited
liability company.
(e) The department has the exclusive authority under this title to
regulate a financial institution organized as a limited liability company.
A financial institution that is a limited liability company is subject to
the department's authority in the same manner as a bank that is
organized in stock form.
(f) A financial institution that is a limited liability company is
subject to the provisions of this title that apply to banks, except for the
provisions concerning corporate governance (IC 28-13), in the same
manner as a financial institution that is organized in stock form, subject
to the following:
(1) In the case of a manager managed limited liability company,
"director" means a manager of the limited liability company.
(2) In the case of a member managed limited liability company,
"director" means a member of the limited liability company.
(g) A financial institution may not:
(1) organize as;
(2) convert to; or
(3) merge with or into;
a limited liability company without the prior approval of the
department under this title.
SOURCE: IC 31-9-2-117; (13)SB0085.1.75. -->
SECTION 75. IC 31-9-2-117, AS AMENDED BY P.L.48-2012,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 117. (a) Except as provided in subsection (b),
"shelter care facility", for purposes of the juvenile law, means a place
of residence that:
(1) is licensed under the laws of any state; and
(2) is not locked to prevent a child's departure unless the
administrator determines that locking is necessary to protect the
child's health.
(b) "Shelter care facility", for purposes of IC 31-27-3 and
IC 31-27-5, means a child caring institution or group home that
provides temporary service twenty-four (24) hours a day for not more
than twenty (20) consecutive days to a child:
(1) who is admitted to a residential facility on an emergency
basis; and
(2) for twenty-four (24) hours a day; and
(3) (2) who is:
(A) receiving care and supervision under an order of a juvenile
court;
(B) voluntarily placed by the parent or guardian of the child;
or
(C) self-referred.
SOURCE: IC 31-14-11-12; (13)SB0085.1.76. -->
SECTION 76. IC 31-14-11-12, AS AMENDED BY P.L.128-2012,
SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 12. (a) If the clerk of the court is notified by
the Title IV-D agency or the agency's designee that:
(1) the child who is the beneficiary of a support order is receiving
assistance under the:
(A) federal Title IV-A assistance program (42 U.S.C. 601 et
seq.); or
(B) Title IV-E assistance program (42 U.S.C. 671 670 et seq.);
(2) an assignment of support rights in favor of the state is in effect
against the person obligated to make child support payments; and
(3) the Title IV-D agency has sent notice to the child support
obligor and obligee;
the clerk of the court shall forward the child support payments directly
to the Title IV-D agency without further order of the court.
(b) The Title IV-D agency shall disburse the child support payments
in accordance with federal regulations governing the Title IV-D
program.
SOURCE: IC 31-27-4-2; (13)SB0085.1.77. -->
SECTION 77. IC 31-27-4-2, AS AMENDED BY P.L.48-2012,
SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. (a) A person may not operate a therapeutic
foster family home without a certificate issued under this article.
(b) The state or a political subdivision of the state may not operate
a therapeutic foster family home without a certificate issued under this
article.
(c) The department may issue a certificate only for a therapeutic
foster family home that meets:
(1) all the certification requirements of a foster family home; and
(2) the additional requirements described in this section.
(d) To receive a certificate for the operation of a therapeutic
certificate foster family home, a person must do the following:
(1) Be licensed as a foster parent under this chapter and 465
IAC 2-1-1 et seq.
(2) Participate in preservice training that includes:
(A) preservice training to be licensed as a foster parent under
465 IAC 2-1-1 et seq.; and
(B) additional preservice training in therapeutic foster care.
(e) A person who is issued a certificate to operate a therapeutic
foster family home shall, within one (1) year after meeting the training
requirements of subsection (d)(2) and, annually thereafter, participate
in training that includes:
(1) training as required in order to be licensed as a foster parent
under 465 IAC 2-1-1 et seq.; and
(2) additional training in therapeutic foster care.
(f) An operator of a therapeutic foster family home may not provide
supervision and care in a therapeutic foster family home to more than
four (4) children at the same time, including the children for whom the
applicant or operator is a parent, stepparent, guardian, custodian, or
other relative, and only two (2) of the children may be foster children.
The department may grant an exception to this subsection whenever the
placement of siblings in the same therapeutic foster family home is
desirable, the foster child has an established, meaningful relationship
with the therapeutic foster parent, or it is otherwise in the foster child's
best interests.
(g) An operator of a therapeutic foster family home that has a
therapeutic foster child placed with the therapeutic foster family home
may not accept a placement of a child who is not a therapeutic foster
child unless the child who is not a therapeutic foster child is a sibling
of the therapeutic foster child who is placed with the therapeutic foster
family home or it is in the best interests of the child being placed.
(h) A therapeutic foster family home may provide care for an
individual receiving collaborative care under IC 31-28-5.8.
(i) The department shall adopt rules under IC 4-22-2, including
emergency rules under IC 4-22-2-37.1, necessary to carry out this
section, including rules governing the number of hours of training
required under subsections (d) and (e).
(j) If a therapeutic foster family home does not meet the
requirements under subsection (f) or (g) on July 1, 2011, any foster
child placed in the home prior to July 1, 2011, may remain placed.
However, a new placement of a child may not be made in violation of
this section.
SOURCE: IC 31-28-5.8-4; (13)SB0085.1.78. -->
SECTION 78. IC 31-28-5.8-4, AS ADDED BY P.L.48-2012,
SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4. As used in this chapter, "older youth"
means an individual who is at least eighteen (18) years of age but less
than twenty (20) years of age.
SOURCE: IC 31-33-24-15; (13)SB0085.1.79. -->
SECTION 79. IC 31-33-24-15, AS AMENDED BY P.L.48-2012,
SECTION 50, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 15. (a) The department shall collect and
document information surrounding the deaths of children reviewed by
local child fatality review teams. The department shall develop a data
collection form that includes:
(1) identifying and nonidentifying information;
(2) information regarding the circumstances surrounding a death;
(3) factors contributing to a death; and
(4) findings and recommendations that include the following
information:
(A) Whether similar future deaths could be prevented.
(B) A list of:
(i) agencies and entities that should be involved; and
(ii) any other resources that should be used;
to adequately prevent future child deaths in the region.
(C) A regional strategy that should be implemented to prevent
future child deaths.
(b) The data collection form developed under this section must be
provided to the following:
(1) The appropriate community child protection team.
(2) The chairperson of the statewide child fatality review
committee.
(3) The chairperson of a local child fatality review team.
(c) Each local child fatality review team shall, using the form
established under this section, report to the department the findings for
each fatality that the local child fatality review team reviews.
(d) The department shall annually prepare a report of all child
fatalities in Indiana that are the result of child abuse or neglect. The
report must include the following information:
(1) A summary of the information gathered under subsection (a)
for all child abuse or neglect fatalities.
(2) Demographic information regarding victims, perpetrators, and
households involved in child abuse or neglect fatalities.
(3) An analysis of the primary risk factors involved in child abuse
or neglect fatalities.
(4) A summary of the most frequent causes of child abuse or
neglect fatalities.
(5) A description of the manner in which the data was assembled.
The department shall post the report prepared under this subsection to
on the department's Internet web site.
SOURCE: IC 32-29-8-4; (13)SB0085.1.80. -->
SECTION 80. IC 32-29-8-4, AS ADDED BY P.L.130-2012,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4. (a) As used in this section, "interested
person", with respect to an action to foreclose a mortgage on an interest
in real property in Indiana, means:
(1) the holder of the evidence of debt secured by the mortgage
being foreclosed;
(2) a person:
(A) who purchases the property at a judicial sale after a
judgment and decree of sale is entered in the action; and
(B) to whom a deed is executed and delivered by the sheriff
under IC 32-29-7-10; or
(3) any person claiming by, through, or under a person described
in subdivision (1) or (2).
(b) As used in this section, "omitted party", with respect to an action
to foreclose a mortgage on an interest in real property in Indiana,
means a person who:
(1) before the commencement of the action has acquired in the
property an interest that:
(A) is junior or subordinate to the mortgage being foreclosed;
and
(B) would otherwise be extinguished by the foreclosure; and
(2) is either:
(A) not named as a party defendant in the action or, if named
as a party defendant, is not served with process; or
(B) not served with a notice of sale under IC 32-29-7-3(d) after
a judgment and decree of sale is entered in the action.
The term includes any person claiming by, through, or under a person
described in this subsection.
(c) At any time after a judgment and decree of sale is entered in an
action to foreclose a mortgage on an interest in real property in Indiana,
an interested person or an omitted party may bring a civil action to:
(1) determine the extent of; and
(2) terminate;
the interest of an omitted party in the property subject to the sale.
(d) Except as provided in subsection (e) and subject to subsections
(f) and (g), upon the filing of an action described in subsection (c), the
court shall determine the extent of the omitted party's interest in the
property and issue a decree terminating that interest, subject to the right
of the omitted party to redeem the property on terms as the court
considers equitable under the circumstances after considering the
factors set forth in subsection (f), if the omitted party would have had
redemption rights:
(1) before the sale under IC 32-29-7-7; or
(2) after the sale, as described in IC 34-55-4-8(a)(2).
(e) If the omitted party proves that the omitted party has a right to
receive proceeds actually paid at the judicial sale, the omitted party's
interest in the property is not subject to termination by an action
brought under this section unless the proceeds that the omitted party
would have received at the judicial sale are paid to the omitted party.
(f) In an action brought under this section, if the court determines
that the omitted party is entitled to redemption under subsection (d),
the court shall consider the following in deciding the terms of the
redemption:
(1) Whether the omitted party:
(A) was given or had actual notice or knowledge of the
foreclosure; and
(B) had opportunity to intervene in the foreclosure action or
otherwise exercise any right to redeem the property.
(2) Whether any interested person in good faith has made
valuable improvements to the property and, if so, the value of all
lasting improvements made to the property before the
commencement of the action under this section.
(3) The amount of any taxes and assessments, along with any
related interest payments, related to the property and paid by
the
an interested person or by any person under whose title to the
property
the an interested person claims.
(g) If the court determines that the omitted party is entitled to
redemption under subsection (d), and after considering the factors set
forth in subsection (f), the court shall grant redemption rights to the
omitted party that the court considers equitable under the
circumstances, subject to the following:
(1) The amount to be paid for redemption may not be less than the
sale price resulting from the foreclosure of the interested person's
senior lien, plus interest at the statutory judgment rate.
(2) The time allowed for payment of the redemption amount may
not exceed ninety (90) days after the date of the court's decree
under subsection (d).
(h) The senior lien upon which the foreclosure action was based is
not extinguished by merger with the title to the property conveyed to
a purchaser through a sheriff's deed executed and delivered under
IC 32-29-7-10 until the interest of any omitted party has been
terminated:
(1) through an action brought under this section; or
(2) by operation of law.
Until an omitted party's interest is terminated as described in this
subsection, any owner of the property as a holder of a sheriff's deed
executed and delivered under IC 32-29-7-10, or any person claiming
by, through, or under such an owner, is the equitable owner of the
senior lien upon which the foreclosure action was based and has all
rights against an omitted party as existed before the judicial sale.
(i) An interested person may not terminate an omitted party's
interest in real property that is the subject of a foreclosure action except
through an action brought under this section. An interested person's
rights under this section may not be denied because the interested
person:
(1) had actual or constructive notice of the omitted party's interest
in the property;
(2) was negligent in examining county records;
(3) was engaged in the business of lending; or
(4) obtained a title search or commitment or a title insurance
policy.
SOURCE: IC 33-38-11-10; (13)SB0085.1.81. -->
SECTION 81. IC 33-38-11-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2012 (RETROACTIVE)]: Sec. 10.
Except for:
(1) a temporary juvenile law judge appointed under section 1(b)
of this chapter for the exclusive purpose of hearing cases arising
under IC 31-30 through IC 31-40; or
(2) a temporary judge appointed by a court located in a county
having a population of more than two hundred fifty thousand
(200,000) (250,000) but less than three two hundred seventy
thousand (300,000); (270,000);
a temporary judge appointed under this chapter may not serve for more
than sixty (60) calendar days in all during a calendar year.
SOURCE: IC 33-40-7-1; (13)SB0085.1.82. -->
SECTION 82. IC 33-40-7-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE APRIL 1, 2012 (RETROACTIVE)]: Sec. 1.
This chapter does not apply to a county that:
(1) contains a consolidated city;
(2) has a population of:
(A) more than three hundred thousand (300,000) but less than
four hundred thousand (400,000);
(B) more than two hundred fifty thousand (200,000) (250,000)
but less than three two hundred seventy thousand (300,000);
(270,000); or
(C) more than one hundred seventy seventy-five thousand
(170,000) (175,000) but less than one hundred eighty
eighty-five thousand (180,000); (185,000); or
(3) has a population of more than four hundred thousand
(400,000) but less than seven hundred thousand (700,000), except
as provided in sections 5 and 11 of this chapter.
SOURCE: IC 34-28-5-15; (13)SB0085.1.83. -->
SECTION 83. IC 34-28-5-15, AS ADDED BY P.L.69-2012,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 15. (a) If a person alleged to have violated a
statute defining an infraction:
(1) is not prosecuted, or if the action against the person is
dismissed;
(2) is adjudged not to have committed the infraction; or
(3) is adjudged to have committed the infraction and the
adjudication is subsequently vacated;
the court in which the action was filed shall order the clerk not to
disclose or permit disclosure of information related to the infraction to
a noncriminal justice organization or an individual.
(b) If a court fails to order the court clerk to restrict disclosure of
information related to the infraction under subsection (a), the person
may petition the court to restrict disclosure of the records related to the
infraction to a noncriminal justice organization or an individual.
(c) A petition under subsection (b) must be verified and filed in:
(1) the court in which the action was filed, for a person described
in subsection (a)(1); or
(2) the court in which the trial was held, for a person described in
subsection (a)(2) or (a)(3).
(d) A petition under subsection (b) must be filed not earlier than:
(1) if the person is adjudged not to have not committed the
infraction, thirty (30) days after the date of judgment;
(2) if the person's adjudication is vacated, three hundred sixty-five
(365) days after:
(A) the order vacating the adjudication is final, if there is no
appeal or the appeal is terminated before entry of an opinion
or memorandum decision; or
(B) the opinion or memorandum decision vacating the
adjudication is certified; or
(3) if the person is not prosecuted or the action is dismissed, thirty
(30) days after the action is dismissed, if a new action is not filed.
(e) A petition under subsection (b) must set forth:
(1) the date of the alleged violation;
(2) the alleged violation;
(3) the date the action was dismissed, if applicable;
(4) the date of judgment, if applicable;
(5) the date the adjudication was vacated, if applicable;
(6) the basis on which the adjudication was vacated, if applicable;
(7) the law enforcement agency employing the officer who issued
the complaint, if applicable;
(8) any other known identifying information, such as the name of
the officer, case number, or court cause number;
(9) the date of the petitioner's birth; and
(10) the petitioner's Social Security number.
(f) A copy of a petition filed under subsection (b) (c) shall be served
on the prosecuting attorney.
(g) If the prosecuting attorney wishes to oppose a petition filed
under subsection (b), (c), the prosecuting attorney shall, not later than
thirty (30) days after the petition is filed, file a notice of opposition
with the court setting forth reasons for opposing the petition. The
prosecuting attorney shall attach to the notice of opposition a certified
copy of any documentary evidence showing that the petitioner is not
entitled to relief. A copy of the notice of opposition and copies of any
documentary evidence shall be served on the petitioner in accordance
with the Indiana Rules of Trial Procedure. The court may:
(1) summarily grant the petition;
(2) set the matter for hearing; or
(3) summarily deny the petition, if the court determines that:
(A) the petition is insufficient; or
(B) based on documentary evidence submitted by the
prosecuting attorney, the petitioner is not entitled to have
access to the petitioner's records restricted.
(h) If a notice of opposition is filed under subsection (g) and the
court does not summarily grant or summarily deny the petition, the
court shall set the matter for a hearing.
(i) After a hearing is held under subsection (h), the court shall grant
the petition filed under subsection (b) (c) if the person is entitled to
relief under subsection (a).
(j) If the court grants a petition filed under subsection (b), (c), the
court shall order the clerk not to disclose or permit disclosure of
information related to the infraction to a noncriminal justice
organization or an individual.
SOURCE: IC 34-28-5-16; (13)SB0085.1.84. -->
SECTION 84. IC 34-28-5-16, AS ADDED BY P.L.69-2012,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 16. (a) This chapter applies only to a person
found to have committed an infraction.
(b) Five (5) years after the date a person satisfies a judgment
imposed on a person for the violation of
a statute defining an
infraction, the clerk of the court shall prohibit the disclosure of
information related to the infraction to a noncriminal justice
organization or an individual.
(c) If a person whose records are restricted under this section brings
a civil action that might be defended with the contents of the records,
the defendant is presumed to have a complete defense to the action.
(d) For the plaintiff to recover in an action described in subsection
(c), the plaintiff must show that the contents of the restricted records
would not exonerate the defendant.
(e) In an action described in subsection (c), the plaintiff may be
required to state under oath whether the disclosure of records relating
to an infraction has been restricted.
(f) In an action described in subsection (c), if the plaintiff denies the
existence of the records, the defendant may prove the existence of the
records in any manner compatible with the law of evidence.
(g) A person whose records have been restricted under this section
may legally state on an application for employment or any other
document that the person has not been adjudicated to have committed
the infraction recorded in the restricted records.
SOURCE: IC 34-36-4; (13)SB0085.1.85. -->
SECTION 85. IC 34-36-4 IS REPEALED [EFFECTIVE UPON
PASSAGE]. (Filling Regular Panel of Jurors When Persons Excused
From Service).
SOURCE: IC 35-31.5-2-10; (13)SB0085.1.86. -->
SECTION 86. IC 35-31.5-2-10, AS ADDED BY P.L.114-2012,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 10. (a) "Advisory sentence", for purposes of
IC 35-35-3, means the nonbinding guideline sentence defined in
IC 35-50-2-1.3. (b) "Advisory sentence", for purposes of IC 35-50-2-3
through IC 35-50-2-7, has the meaning set forth in IC 35-50-2-1.3.
SOURCE: IC 35-31.5-2-15; (13)SB0085.1.87. -->
SECTION 87. IC 35-31.5-2-15, AS ADDED BY P.L.114-2012,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 15. "Alien", for purposes of IC 35-44-5,
IC 35-44.1-5, has the meaning set forth in IC 35-44-5-2.
IC 35-44.1-5-2.
SOURCE: IC 35-31.5-2-26.5; (13)SB0085.1.88. -->
SECTION 88. IC 35-31.5-2-26.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 26.5. "Benefit", for purposes
of IC 35-43-4-6, has the meaning set forth in IC 35-43-4-6(a).
SOURCE: IC 35-31.5-2-27.5; (13)SB0085.1.89. -->
SECTION 89. IC 35-31.5-2-27.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 27.5. "Benefit provider", for
purposes of IC 35-43-4-6, has the meaning set forth in
IC 35-43-4-6(a).
SOURCE: IC 35-31.5-2-32.5; (13)SB0085.1.90. -->
SECTION 90. IC 35-31.5-2-32.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 32.5. "Burn", for purposes of
IC 35-47-7-3, has the meaning set forth in IC 35-47-7-3(a).
SOURCE: IC 35-31.5-2-44.8; (13)SB0085.1.91. -->
SECTION 91. IC 35-31.5-2-44.8 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 44.8. "Cocaine", for purposes
of IC 35-48, has the meaning set forth in IC 35-48-1-7.
SOURCE: IC 35-31.5-2-56.3; (13)SB0085.1.92. -->
SECTION 92. IC 35-31.5-2-56.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 56.3. "Confidential
information", for purposes of IC 35-37-6, has the meaning set forth
in IC 35-37-6-1.5(a).
SOURCE: IC 35-31.5-2-57.8; (13)SB0085.1.93. -->
SECTION 93. IC 35-31.5-2-57.8 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 57.8. "Consent of the original
manufacturer", for purposes of IC 35-43-7, has the meaning set
forth in IC 35-43-7-1.
SOURCE: IC 35-31.5-2-60; (13)SB0085.1.94. -->
SECTION 94. IC 35-31.5-2-60, AS ADDED BY P.L.114-2012,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 60. (a) "Consumer product", for purposes of
IC 35-44-2-2, IC 35-44.1-2-3, has the meaning set forth in
IC 35-44-2-2(a). IC 35-44.1-2-3(a).
(b) "Consumer product", for purposes of IC 35-45-8, has the
meaning set forth in IC 35-45-8-1.
SOURCE: IC 35-31.5-2-62; (13)SB0085.1.95. -->
SECTION 95. IC 35-31.5-2-62, AS ADDED BY P.L.114-2012,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 62. "Contraband", for purposes of
IC 35-44-3-9.3, IC 35-44.1-3-6, has the meaning set forth in
IC 35-44-3-9.3(a). IC 35-44.1-3-6(a).
SOURCE: IC 35-31.5-2-67.2; (13)SB0085.1.96. -->
SECTION 96. IC 35-31.5-2-67.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 67.2. "Corrections officer",
for purposes of IC 35-42-2-6, has the meaning set forth in
IC 35-42-2-6(a).
SOURCE: IC 35-31.5-2-87; (13)SB0085.1.97. -->
SECTION 97. IC 35-31.5-2-87, AS ADDED BY P.L.114-2012,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 87. (a) "Dealer", for purposes of
IC 35-43-4-2.3, has the meaning set forth in IC 35-43-4-2.3(a).
(b) "Dealer", for purposes of IC 35-47, has the meaning set forth in
IC 35-47-1-3.
(c) "Dealer", for purposes of IC 35-47-2.5, includes any person
licensed under 18 U.S.C. 923, as set forth in IC 35-47-2.5-2.
SOURCE: IC 35-31.5-2-87.5; (13)SB0085.1.98. -->
SECTION 98. IC 35-31.5-2-87.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 87.5. "Defense counsel", for
purposes of IC 35-40-5-11, has the meaning set forth in
IC 35-40-5-11(b).
SOURCE: IC 35-31.5-2-90; (13)SB0085.1.99. -->
SECTION 99. IC 35-31.5-2-90, AS ADDED BY P.L.114-2012,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 90. (a) "Dependent", for purposes of
IC 35-44-1-3, IC 35-44.1-1-4, has the meaning set forth in
IC 35-44-1-3(a)(1). IC 35-44.1-1-4(a)(1).
(b) "Dependent", for purposes of IC 35-46-1, has the meaning set
forth in IC 35-46-1-1.
SOURCE: IC 35-31.5-2-95; (13)SB0085.1.100. -->
SECTION 100. IC 35-31.5-2-95, AS ADDED BY P.L.114-2012,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 95. "Dispatched firefighter", for purposes of
IC 35-44-4, IC 35-44.1-4, has the meaning set forth in IC 35-44-4-1.
IC 35-44.1-4-1.
SOURCE: IC 35-31.5-2-114; (13)SB0085.1.101. -->
SECTION 101. IC 35-31.5-2-114, AS ADDED BY P.L.114-2012,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 114. "Emergency incident area", for purposes
of IC 35-44-4, IC 35-44.1-4, has the meaning set forth in IC 35-44-4-2.
IC 35-44.1-4-2.
SOURCE: IC 35-31.5-2-115; (13)SB0085.1.102. -->
SECTION 102. IC 35-31.5-2-115, AS ADDED BY P.L.114-2012,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 115. "Emergency medical person", for
purposes of IC 35-44-3-8.5, IC 35-44.1-4-9, has the meaning set forth
in IC 35-44-3-8.5(b). IC 35-44.1-4-9(a).
SOURCE: IC 35-31.5-2-115.2; (13)SB0085.1.103. -->
SECTION 103. IC 35-31.5-2-115.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 115.2. "Emergency medical
responder", for purposes of IC 35-42-2-6, has the meaning set forth
in IC 35-42-2-6(c).
SOURCE: IC 35-31.5-2-123.5; (13)SB0085.1.104. -->
SECTION 104. IC 35-31.5-2-123.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 123.5. "Executive authority",
for purposes of IC 35-33-10-3, has the meaning set forth in
IC 35-33-10-3(1).
SOURCE: IC 35-31.5-2-135; (13)SB0085.1.105. -->
SECTION 105. IC 35-31.5-2-135, AS ADDED BY P.L.114-2012,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 135. (a) "Firefighter", for purposes of
IC 35-42-2-6, has the meaning set forth in IC 35-42-2-6(b).
(b) "Firefighter", for purposes of IC 35-44-4, IC 35-44.1-4, has the
meaning set forth in IC 35-44-4-3. IC 35-44.1-4-3.
SOURCE: IC 35-31.5-2-135.2; (13)SB0085.1.106. -->
SECTION 106. IC 35-31.5-2-135.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 135.2. "Fire protective
clothing and fire protective gear", for purposes of IC 35-44.1-4, has
the meaning set forth in IC 35-44.1-4-4.
SOURCE: IC 35-31.5-2-139.5; (13)SB0085.1.107. -->
SECTION 107. IC 35-31.5-2-139.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 139.5. "Funds", for purposes
of IC 35-45-15, has the meaning set forth in IC 35-45-15-2.
SOURCE: IC 35-31.5-2-145; (13)SB0085.1.108. -->
SECTION 108. IC 35-31.5-2-145, AS ADDED BY P.L.114-2012,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 145. "Governmental entity served by the
public servant", for purposes of IC 35-44-1-3, IC 35-44.1-1-4, has the
meaning set forth in IC 35-44-1-3(a)(2). IC 35-44.1-1-4(a)(2).
SOURCE: IC 35-31.5-2-145.3; (13)SB0085.1.109. -->
SECTION 109. IC 35-31.5-2-145.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 145.3. "Governor", for
purposes of IC 35-33-10-3, has the meaning set forth in
IC 35-33-10-3(1).
SOURCE: IC 35-31.5-2-152.5; (13)SB0085.1.110. -->
SECTION 110. IC 35-31.5-2-152.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 152.5. "HIV", for purposes
of IC 35-45-16, has the meaning set forth in IC 35-45-16-1.
SOURCE: IC 35-31.5-2-160.5; (13)SB0085.1.111. -->
SECTION 111. IC 35-31.5-2-160.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 160.5. "Human
immunodeficiency virus (HIV)", for purposes of IC 35-42-2-6, has
the meaning set forth in IC 35-42-2-6(d).
SOURCE: IC 35-31.5-2-163; (13)SB0085.1.112. -->
SECTION 112. IC 35-31.5-2-163, AS ADDED BY P.L.114-2012,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 163. "Identify "Identity theft", for the
purposes of IC 35-40-14, has the meaning set forth in IC 35-40-14-1.
SOURCE: IC 35-31.5-2-165.8; (13)SB0085.1.113. -->
SECTION 113. IC 35-31.5-2-165.8 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 165.8. "Impermissible
contact", for purposes of IC 35-45-10, has the meaning set forth in
IC 35-45-10-3.
SOURCE: IC 35-31.5-2-168.8; (13)SB0085.1.114. -->
SECTION 114. IC 35-31.5-2-168.8 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 168.8. "Indiana", for
purposes of IC 35-41-1-1, has the meaning set forth in
IC 35-41-1-1(a).
SOURCE: IC 35-31.5-2-171; (13)SB0085.1.115. -->
SECTION 115. IC 35-31.5-2-171, AS ADDED BY P.L.114-2012,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 171. "Inmate outside a facility", for purposes
of IC 35-44-3-9.3, IC 35-44.1-3-6, has the meaning set forth in
IC 35-44-3-9.3(b). IC 35-44.1-3-6(b).
SOURCE: IC 35-31.5-2-173.8; (13)SB0085.1.116. -->
SECTION 116. IC 35-31.5-2-173.8 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 173.8. "Insurance policy", for
purposes of IC 35-43-5, has the meaning set forth in
IC 35-43-5-1(j).
SOURCE: IC 35-31.5-2-178; (13)SB0085.1.117. -->
SECTION 117. IC 35-31.5-2-178, AS ADDED BY P.L.114-2012,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 178. "Juvenile facility", for purposes of
IC 35-44-3-9, IC 35-44.1-3-5, has the meaning set forth in
IC 35-44-3-9(a). IC 35-44.1-3-5(a).
SOURCE: IC 35-31.5-2-185; (13)SB0085.1.118. -->
SECTION 118. IC 35-31.5-2-185, AS ADDED BY P.L.114-2012,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 185. (a) "Law enforcement officer" means:
(1) a police officer (including a correctional police officer),
sheriff, constable, marshal, prosecuting attorney, special
prosecuting attorney, special deputy prosecuting attorney, the
securities commissioner, or the inspector general;
(2) a deputy of any of those persons;
(3) an investigator for a prosecuting attorney or for the inspector
general;
(4) a conservation officer;
(5) an enforcement officer of the alcohol and tobacco
commission; or
(6) an enforcement officer of the securities division of the office
of the secretary of state; or
(7) a gaming control officer employed by the gaming control
division under IC 4-33-20.
(b) "Law enforcement officer", for purposes of IC 35-42-2-1,
includes an alcoholic beverage enforcement officer, as set forth in
IC 35-42-2-1(b)(1).
(c) "Law enforcement officer", for purposes of IC 35-45-15,
includes a federal enforcement officer, as set forth in
IC 35-45-15-3.
SOURCE: IC 35-31.5-2-203; (13)SB0085.1.119. -->
SECTION 119. IC 35-31.5-2-203, AS ADDED BY P.L.114-2012,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 203. "Misconduct", for purposes of
IC 35-44-2-2, IC 35-44.1-2-3, has the meaning set forth in
IC 35-44-2-2(b). IC 35-44.1-2-3(b).
SOURCE: IC 35-31.5-2-217.5; (13)SB0085.1.120. -->
SECTION 120. IC 35-31.5-2-217.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 217.5. "Officer", for purposes
of IC 35-44.1-3-2, has the meaning set forth in IC 35-44.1-3-2(a).
SOURCE: IC 35-31.5-2-218.5; (13)SB0085.1.121. -->
SECTION 121. IC 35-31.5-2-218.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 218.5. "Omnibus date", for
purposes of IC 35-36, has the meaning set forth in IC 35-36-1-1.
SOURCE: IC 35-31.5-2-230; (13)SB0085.1.122. -->
SECTION 122. IC 35-31.5-2-230, AS ADDED BY P.L.114-2012,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 230. "Pecuniary interest", for purposes of
IC 35-44-1-3 IC 35-44.1-1-4 and IC 35-44-1-7, IC 35-44.1-1-5, has the
meaning set forth in IC 35-44-1-3(a)(3). IC 35-44.1-1-4(a)(3).
SOURCE: IC 35-31.5-2-234; (13)SB0085.1.123. -->
SECTION 123. IC 35-31.5-2-234, AS ADDED BY P.L.114-2012,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 234. (a) Except as provided in subsections
(b) through (d), "person" means a human being, corporation, limited
liability company, partnership, unincorporated association, or
governmental entity.
(b) "Person", for purposes of IC 35-43-6, has the meaning set forth
in IC 35-43-6-7.
(c) "Person", for purposes of IC 35-43-9, has the meaning set forth
in IC 35-43-9-2.
(d) "Person", for purposes of section 128 of this chapter, means
an adult or a minor.
SOURCE: IC 35-31.5-2-235.7; (13)SB0085.1.124. -->
SECTION 124. IC 35-31.5-2-235.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 235.7. "Place", for purposes
of IC 35-33-5-1, has the meaning set forth in IC 35-33-5-1(b).
SOURCE: IC 35-31.5-2-237; (13)SB0085.1.125. -->
SECTION 125. IC 35-31.5-2-237, AS ADDED BY P.L.114-2012,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 237. "Police radio", for purposes of
IC 35-44-3-12, IC 35-44.1-2-7, has the meaning set forth in
IC 35-44-3-12(c). IC 35-44.1-2-7(c).
SOURCE: IC 35-31.5-2-244; (13)SB0085.1.126. -->
SECTION 126. IC 35-31.5-2-244, AS ADDED BY P.L.114-2012,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 244. (a) "Prescription drug", for purposes of
IC 35-48, has the meaning set forth in IC 35-48-1-25.
(b) "Prescription drug", for purposes of IC 35-42-2-8, has the
meaning set forth in IC 35-42-2-8(a)(4).
SOURCE: IC 35-31.5-2-248.2; (13)SB0085.1.127. -->
SECTION 127. IC 35-31.5-2-248.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 248.2. "Production", for
purposes of IC 35-48, has the meaning set forth in IC 35-48-1-26.
SOURCE: IC 35-31.5-2-262; (13)SB0085.1.128. -->
SECTION 128. IC 35-31.5-2-262, AS ADDED BY P.L.114-2012,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 262. "Publicly paid costs of representation",
means the part of all attorney's fees, expenses, or wages incurred by the
county that are: (1) directly attributable to the defendant's defense; and
(2) not overhead expenditures made in connection with the
maintenance or operation of a governmental agency. for purposes of
IC 35-33-8, has the meaning set forth in IC 35-33-8-1.5.
SOURCE: IC 35-31.5-2-273.2; (13)SB0085.1.129. -->
SECTION 129. IC 35-31.5-2-273.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 273.2. "Refuse", for purposes
of IC 35-45-3-2, has the meaning set forth in IC 35-45-3-2(b).
SOURCE: IC 35-31.5-2-273.3; (13)SB0085.1.130. -->
SECTION 130. IC 35-31.5-2-273.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 273.3. "Regulated explosive",
for purposes of IC 35-47.5, has the meaning set forth in
IC 35-47.5-2-13.
SOURCE: IC 35-31.5-2-296; (13)SB0085.1.131. -->
SECTION 131. IC 35-31.5-2-296, AS ADDED BY P.L.114-2012,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 296. "Service provider", for purposes of
IC 35-44-1-5, IC 35-44.1-3-10, has the meaning set forth in
IC 35-44-1-5(a). IC 35-44.1-3-10(a).
SOURCE: IC 35-31.5-2-311; (13)SB0085.1.132. -->
SECTION 132. IC 35-31.5-2-311, AS ADDED BY P.L.114-2012,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 311. (a) "State", for purposes of IC 35-48-7,
has the meaning set forth in IC 35-48-7-7.5.
(b) "State", for purposes of IC 35-37-5, has the meaning set
forth in IC 35-37-5-1.
SOURCE: IC 35-31.5-2-316.8; (13)SB0085.1.133. -->
SECTION 133. IC 35-31.5-2-316.8 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 316.8. "Subpoena", for
purposes of IC 35-37-5, has the meaning set forth in IC 35-37-5-1.
SOURCE: IC 35-31.5-2-330.3; (13)SB0085.1.134. -->
SECTION 134. IC 35-31.5-2-330.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 330.3. "Threatens", for
purposes of IC 35-45-9, has the meaning set forth in IC 35-45-9-2.
SOURCE: IC 35-31.5-2-330.7; (13)SB0085.1.135. -->
SECTION 135. IC 35-31.5-2-330.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 330.7. "Timber", for
purposes of IC 35-43-8, has the meaning set forth in IC 35-43-8-1.
SOURCE: IC 35-31.5-2-333.9; (13)SB0085.1.136. -->
SECTION 136. IC 35-31.5-2-333.9 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 333.9. "Tobacco", for
purposes of IC 35-46-1, has the meaning set forth in IC 35-46-1-1.7.
SOURCE: IC 35-38-1-5; (13)SB0085.1.137. -->
SECTION 137. IC 35-38-1-5, AS AMENDED BY P.L.105-2010,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 5. (a) When the defendant appears for
sentencing, the court shall inform the defendant of the verdict of the
jury or the finding of the court. The court shall afford counsel for the
defendant an opportunity to speak on behalf of the defendant. The
defendant may also make a statement personally in the defendant's own
behalf and, before pronouncing sentence, the court shall ask the
defendant whether the defendant wishes to make such a statement.
Sentence shall then be pronounced, unless a sufficient cause is alleged
or appears to the court for delay in sentencing.
(b) This subsection expires June 30, 2012. A court that sentences a
person to a term of imprisonment shall include the total costs of
incarceration in the sentencing order. The court may not consider Class
I credit under IC 35-50-6-3 in the calculation of the total costs of
incarceration.
SOURCE: IC 35-38-2-2.3; (13)SB0085.1.138. -->
SECTION 138. IC 35-38-2-2.3, AS AMENDED BY P.L.40-2012,
SECTION 20, AND AS AMENDED BY P.L.147-2012, SECTION 9,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 2.3. (a) As a condition of
probation, the court may require a person to do a combination of the
following:
(1) Work faithfully at suitable employment or faithfully pursue a
course of study or career and technical education that will equip
the person for suitable employment.
(2) Undergo available medical or psychiatric treatment and
remain in a specified institution if required for that purpose.
(3) Attend or reside in a facility established for the instruction,
recreation, or residence of persons on probation.
(4) Participate in a treatment program, educational class, or
rehabilitative service provided by a probation department or by
referral to an agency.
(4) (5) Support the person's dependents and meet other family
responsibilities.
(5) (6) Make restitution or reparation to the victim of the crime for
damage or injury that was sustained by the victim. When
restitution or reparation is a condition of probation, the court shall
fix the amount, which may not exceed an amount the person can
or will be able to pay, and shall fix the manner of performance.
(6) (7) Execute a repayment agreement with the appropriate
governmental entity to repay the full amount of public relief or
assistance wrongfully received, and make repayments according
to a repayment schedule set out in the agreement.
(7) (8) Pay a fine authorized by IC 35-50.
(8) (9) Refrain from possessing a firearm or other deadly weapon
unless granted written permission by the court or the person's
probation officer.
(9) (10) Report to a probation officer at reasonable times as
directed by the court or the probation officer.
(10) (11) Permit the person's probation officer to visit the person
at reasonable times at the person's home or elsewhere.
(11) (12) Remain within the jurisdiction of the court, unless
granted permission to leave by the court or by the person's
probation officer.
(12) (13) Answer all reasonable inquiries by the court or the
person's probation officer and promptly notify the court or
probation officer of any change in address or employment.
(13) (14) Perform uncompensated work that benefits the
community.
(14) (15) Satisfy other conditions reasonably related to the
person's rehabilitation.
(15) (16) Undergo home detention under IC 35-38-2.5.
(16) (17) Undergo a laboratory test or series of tests approved by
the state department of health to detect and confirm the presence
of the human immunodeficiency virus (HIV) antigen or antibodies
to the human immunodeficiency virus (HIV), if:
(A) the person had been convicted of an offense relating to a
criminal sexual act and the offense created an
epidemiologically demonstrated risk of transmission of the
human immunodeficiency virus (HIV); or
(B) the person had been convicted of an offense relating to a
controlled substance and the offense involved:
(i) the delivery by any person to another person; or
(ii) the use by any person on another person;
of a contaminated sharp (as defined in IC 16-41-16-2) or other
paraphernalia that creates an epidemiologically demonstrated
risk of transmission of HIV by involving percutaneous contact.
(17) (18) Refrain from any direct or indirect contact with an
individual and, if convicted of an offense under IC 35-46-3, any
animal belonging to the individual.
(18) (19) Execute a repayment agreement with the appropriate
governmental entity or with a person for reasonable costs incurred
because of the taking, detention, or return of a missing child (as
defined in IC 10-13-5-4).
(19) (20) Periodically undergo a laboratory chemical test (as
defined in IC 14-15-8-1 IC 9-13-2-22) or series of chemical tests
as specified by the court to detect and confirm the presence of a
controlled substance (as defined in IC 35-48-1-9). The person on
probation is responsible for any charges resulting from a test and
shall have the results of any test under this subdivision reported
to the person's probation officer by the laboratory.
(20) (21) If the person was confined in a penal facility, execute a
reimbursement plan as directed by the court and make repayments
under the plan to the authority that operates the penal facility for
all or part of the costs of the person's confinement in the penal
facility. The court shall fix an amount that:
(A) may not exceed an amount the person can or will be able
to pay;
(B) does not harm the person's ability to reasonably be self
supporting or to reasonably support any dependent of the
person; and
(C) takes into consideration and gives priority to any other
restitution, reparation, repayment, or fine the person is
required to pay under this section.
(21) (22) Refrain from owning, harboring, or training an animal.
(22) (23) Participate in a reentry court program.
(b) When a person is placed on probation, the person shall be given
a written statement specifying:
(1) the conditions of probation; and
(2) that if the person violates a condition of probation during the
probationary period, a petition to revoke probation may be filed
before the earlier of the following:
(A) One (1) year after the termination of probation.
(B) Forty-five (45) days after the state receives notice of the
violation.
(c) As a condition of probation, the court may require that the
person serve a term of imprisonment in an appropriate facility at the
time or intervals (consecutive or intermittent) within the period of
probation the court determines.
(d) Intermittent service may be required only for a term of not more
than sixty (60) days and must be served in the county or local penal
facility. The intermittent term is computed on the basis of the actual
days spent in confinement and shall be completed within one (1) year.
A person does not earn credit time while serving an intermittent term
of imprisonment under this subsection. When the court orders
intermittent service, the court shall state:
(1) the term of imprisonment;
(2) the days or parts of days during which a person is to be
confined; and
(3) the conditions.
(e) Supervision of a person may be transferred from the court that
placed the person on probation to a court of another jurisdiction, with
the concurrence of both courts. Retransfers of supervision may occur
in the same manner. This subsection does not apply to transfers made
under IC 11-13-4 or IC 11-13-5.
(f) When a court imposes a condition of probation described in
subsection
(a)(17): (a)(18):
(1) the clerk of the court shall comply with IC 5-2-9; and
(2) the prosecuting attorney shall file a confidential form
prescribed or approved by the division of state court
administration with the clerk.
(g) As a condition of probation, a court shall require a person:
(1) convicted of an offense described in IC 10-13-6-10;
(2) who has not previously provided a DNA sample in accordance
with IC 10-13-6; and
(3) whose sentence does not involve a commitment to the
department of correction;
to provide a DNA sample as a condition of probation.
(h) If a court imposes a condition of probation described in
subsection (a)(4), the person on probation is responsible for any costs
resulting from the participation in a program, class, or service. Any
costs collected for services provided by the probation department shall
be deposited in the county or local supplemental adult services fund.
SOURCE: IC 35-41-3-2; (13)SB0085.1.139. -->
SECTION 139. IC 35-41-3-2, AS AMENDED BY P.L.161-2012,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. (a) In enacting this section, the general
assembly finds and declares that it is the policy of this state to
recognize the unique character of a citizen's home and to ensure that a
citizen feels secure in his or her own home against unlawful intrusion
by another individual or a public servant. By reaffirming the long
standing right of a citizen to protect his or her home against unlawful
intrusion, however, the general assembly does not intend to diminish
in any way the other robust self defense rights that citizens of this state
have always enjoyed. Accordingly, the general assembly also finds and
declares that it is the policy of this state that people have a right to
defend themselves and third parties from physical harm and crime. The
purpose of this section is to provide the citizens of this state with a
lawful means of carrying out this policy.
(b) As used in this section, "public servant" means a person
described in IC 35-41-1-17, IC 35-31.5-2-129 or IC 35-31.5-2-185.
(c) A person is justified in using reasonable force against any other
person to protect the person or a third person from what the person
reasonably believes to be the imminent use of unlawful force.
However, a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
if the person reasonably believes that that force is necessary to prevent
serious bodily injury to the person or a third person or the commission
of a forcible felony. No person in this state shall be placed in legal
jeopardy of any kind whatsoever for protecting the person or a third
person by reasonable means necessary.
(d) A person:
(1) is justified in using reasonable force, including deadly force,
against any other person; and
(2) does not have a duty to retreat;
if the person reasonably believes that the force is necessary to prevent
or terminate the other person's unlawful entry of or attack on the
person's dwelling, curtilage, or occupied motor vehicle.
(e) With respect to property other than a dwelling, curtilage, or an
occupied motor vehicle, a person is justified in using reasonable force
against any other person if the person reasonably believes that the force
is necessary to immediately prevent or terminate the other person's
trespass on or criminal interference with property lawfully in the
person's possession, lawfully in possession of a member of the person's
immediate family, or belonging to a person whose property the person
has authority to protect. However, a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
only if that force is justified under subsection (c).
(f) A person is justified in using reasonable force, including deadly
force, against any other person and does not have a duty to retreat if the
person reasonably believes that the force is necessary to prevent or stop
the other person from hijacking, attempting to hijack, or otherwise
seizing or attempting to seize unlawful control of an aircraft in flight.
For purposes of this subsection, an aircraft is considered to be in flight
while the aircraft is:
(1) on the ground in Indiana:
(A) after the doors of the aircraft are closed for takeoff; and
(B) until the aircraft takes off;
(2) in the airspace above Indiana; or
(3) on the ground in Indiana:
(A) after the aircraft lands; and
(B) before the doors of the aircraft are opened after landing.
(g) Notwithstanding subsections (c) through (e), a person is not
justified in using force if:
(1) the person is committing or is escaping after the commission
of a crime;
(2) the person provokes unlawful action by another person with
intent to cause bodily injury to the other person; or
(3) the person has entered into combat with another person or is
the initial aggressor unless the person withdraws from the
encounter and communicates to the other person the intent to do
so and the other person nevertheless continues or threatens to
continue unlawful action.
(h) Notwithstanding subsection (f), a person is not justified in using
force if the person:
(1) is committing, or is escaping after the commission of, a crime;
(2) provokes unlawful action by another person, with intent to
cause bodily injury to the other person; or
(3) continues to combat another person after the other person
withdraws from the encounter and communicates the other
person's intent to stop hijacking, attempting to hijack, or
otherwise seizing or attempting to seize unlawful control of an
aircraft in flight.
(i) A person is justified in using reasonable force against a public
servant if the person reasonably believes the force is necessary to:
(1) protect the person or a third person from what the person
reasonably believes to be the imminent use of unlawful force;
(2) prevent or terminate the public servant's unlawful entry of or
attack on the person's dwelling, curtilage, or occupied motor
vehicle; or
(3) prevent or terminate the public servant's unlawful trespass on
or criminal interference with property lawfully in the person's
possession, lawfully in possession of a member of the person's
immediate family, or belonging to a person whose property the
person has authority to protect.
(j) Notwithstanding subsection (i), a person is not justified in using
force against a public servant if:
(1) the person is committing or is escaping after the commission
of a crime;
(2) the person provokes action by the public servant with intent to
cause bodily injury to the public servant;
(3) the person has entered into combat with the public servant or
is the initial aggressor, unless the person withdraws from the
encounter and communicates to the public servant the intent to do
so and the public servant nevertheless continues or threatens to
continue unlawful action; or
(4) the person reasonably believes the public servant is:
(A) acting lawfully; or
(B) engaged in the lawful execution of the public servant's
official duties.
(k) A person is not justified in using deadly force against a public
servant whom the person knows or reasonably should know is a public
servant unless:
(1) the person reasonably believes that the public servant is:
(A) acting unlawfully; or
(B) not engaged in the execution of the public servant's official
duties; and
(2) the force is reasonably necessary to prevent serious bodily
injury to the person or a third person.
SOURCE: IC 35-44.1-2-8; (13)SB0085.1.140. -->
SECTION 140. IC 35-44.1-2-8, AS ADDED BY P.L.126-2012,
SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 8. (a) A person who knowingly or
intentionally manufactures and sells or manufactures and offers for
sale:
(1) an official badge or a replica of an official badge that is
currently used by a law enforcement agency or fire department of
the state or of a political subdivision of the state; or
(2) a document that purports to be an official employment
identification that is used by a law enforcement agency or fire
department of the state or of a political subdivision of the state;
without the written permission of the chief executive officer of the law
enforcement agency commits unlawful manufacture or sale of a police
or fire insignia, a Class A misdemeanor.
(b) However, the offense described in subsection (a) is:
(1) a Class D felony if the person commits the offense with the
knowledge or intent that the badge or employment identification
will be used to further the commission of an offense under
IC 35-44-2-3; section 6 of this chapter; and
(2) a Class B felony if the person commits the offense with the
knowledge or intent that the badge or employment identification
will be used to further the commission of an offense under
IC 35-47-12.
(c) It is a defense to a prosecution under subsection (a)(1) if the area
of the badge or replica that is manufactured and sold or manufactured
and offered for sale as measured by multiplying the greatest length of
the badge by the greatest width of the badge is:
(1) less than fifty percent (50%); or
(2) more than one hundred fifty percent (150%);
of the area of an official badge that is used by a law enforcement
agency or fire department of the state or a political subdivision of the
state as measured by multiplying the greatest length of the official
badge by the greatest width of the official badge.
SOURCE: IC 35-44.1-4-9; (13)SB0085.1.141. -->
SECTION 141. IC 35-44.1-4-9, AS ADDED BY P.L.126-2012,
SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 9. (a) As used in this section, "emergency
medical person" means a person who holds a certificate issued by the
Indiana emergency medical services commission to provide emergency
medical services.
(b) A person who knowingly or intentionally obstructs or interferes
with an emergency medical person performing or attempting to perform
the emergency medical person's emergency functions or duties commits
obstructing an emergency medical person, a Class B misdemeanor.
SOURCE: IC 35-44.2-4-2; (13)SB0085.1.142. -->
SECTION 142. IC 35-44.2-4-2, AS ADDED BY P.L.126-2012,
SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. (a) An employee of a state agency who
unlawfully discloses a Social Security number is subject to criminal
prosecution under IC 4-1-10-8.
(b) An employee of a state agency who makes a false representation
to obtain a Social Security number from the state agency is subject to
criminal prosecution under IC 4-1-10-9.
(c) An employee of a state agency who negligently discloses a
Social Security number is subject to a civil action for an infraction
under IC 4-1-10-10.
SOURCE: IC 35-45-6-1; (13)SB0085.1.143. -->
SECTION 143. IC 35-45-6-1, AS AMENDED BY P.L.126-2012,
SECTION 56, AND AS AMENDED BY P.L.149-2012, SECTION 19,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 1. (a) The definitions in this
section apply throughout this chapter.
(b) "Documentary material" means any document, drawing,
photograph, recording, or other tangible item containing compiled data
from which information can be either obtained or translated into a
usable form.
(c) "Enterprise" means:
(1) a sole proprietorship, corporation, limited liability company,
partnership, business trust, or governmental entity; or
(2) a union, an association, or a group, whether a legal entity or
merely associated in fact.
(d) "Pattern of racketeering activity" means engaging in at least two
(2) incidents of racketeering activity that have the same or similar
intent, result, accomplice, victim, or method of commission, or that are
otherwise interrelated by distinguishing characteristics that are not
isolated incidents. However, the incidents are a pattern of racketeering
activity only if at least one (1) of the incidents occurred after August
31, 1980, and if the last of the incidents occurred within five (5) years
after a prior incident of racketeering activity.
(e) "Racketeering activity" means to commit, to attempt to commit,
to conspire to commit a violation of, or aiding and abetting in a
violation of any of the following:
(1) A provision of IC 23-19, or of a rule or order issued under
IC 23-19.
(2) A violation of IC 35-45-9.
(3) A violation of IC 35-47.
(4) A violation of IC 35-49-3.
(5) Murder (IC 35-42-1-1).
(6) Battery as a Class C felony (IC 35-42-2-1).
(7) Kidnapping (IC 35-42-3-2).
(8) Human and sexual trafficking crimes (IC 35-42-3.5).
(9) Child exploitation (IC 35-42-4-4).
(10) Robbery (IC 35-42-5-1).
(11) Carjacking (IC 35-42-5-2).
(12) Arson (IC 35-43-1-1).
(13) Burglary (IC 35-43-2-1).
(14) Theft (IC 35-43-4-2).
(15) Receiving stolen property (IC 35-43-4-2).
(16) Forgery (IC 35-43-5-2).
(17) Fraud (IC 35-43-5-4(1) through IC 35-43-5-4(10)).
(18) Bribery (IC 35-44-1-1). (IC 35-44.1-1-2).
(19) Official misconduct (IC 35-44-1-2). (IC 35-44.1-1-1).
(20) Conflict of interest (IC 35-44-1-3). (IC 35-44.1-1-4).
(21) Perjury (IC 35-44-2-1). (IC 35-44.1-2-1).
(22) Obstruction of justice (IC 35-44-3-4). (IC 35-44.1-2-2).
(23) Intimidation (IC 35-45-2-1).
(24) Promoting prostitution (IC 35-45-4-4).
(25) Professional gambling (IC 35-45-5-3).
(26) Maintaining a professional gambling site
(IC 35-45-5-3.5(b)).
(27) Promoting professional gambling (IC 35-45-5-4).
(28) Dealing in or manufacturing cocaine or a narcotic drug
(IC 35-48-4-1).
(29) Dealing in or manufacturing methamphetamine
(IC 35-48-4-1.1).
(30) Dealing in a schedule I, II, or III controlled substance
(IC 35-48-4-2).
(31) Dealing in a schedule IV controlled substance
(IC 35-48-4-3).
(32) Dealing in a schedule V controlled substance (IC 35-48-4-4).
(33) Dealing in marijuana, hash oil, hashish, salvia, or a synthetic
cannabinoid (IC 35-48-4-10).
(34) Money laundering (IC 35-45-15-5).
(35) A violation of IC 35-47.5-5.
(36) A violation of any of the following:
(A) IC 23-14-48-9.
(B) IC 30-2-9-7(b).
(C) IC 30-2-10-9(b).
(D) IC 30-2-13-38(f).
(37) Practice of law by a person who is not an attorney
(IC 33-43-2-1).
SOURCE: IC 35-50-1-2; (13)SB0085.1.144. -->
SECTION 144. IC 35-50-1-2, AS AMENDED BY P.L.125-2012,
SECTION 416, AND AS AMENDED BY P.L.126-2012, SECTION
59, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 2. (a) As used in this section,
"crime of violence" means the following:
(1) Murder (IC 35-42-1-1).
(2) Attempted murder (IC 35-41-5-1).
(3) Voluntary manslaughter (IC 35-42-1-3).
(4) Involuntary manslaughter (IC 35-42-1-4).
(5) Reckless homicide (IC 35-42-1-5).
(6) Aggravated battery (IC 35-42-2-1.5).
(7) Kidnapping (IC 35-42-3-2).
(8) Rape (IC 35-42-4-1).
(9) Criminal deviate conduct (IC 35-42-4-2).
(10) Child molesting (IC 35-42-4-3).
(11) Sexual misconduct with a minor as a Class A felony under
IC 35-42-4-9(a)(2) or a Class B felony under IC 35-42-4-9(b)(2).
(12) Robbery as a Class A felony or a Class B felony
(IC 35-42-5-1).
(13) Burglary as a Class A felony or a Class B felony
(IC 35-43-2-1).
(14) Operating a motor vehicle while intoxicated causing death
(IC 9-30-5-5).
(15) Operating a motor vehicle while intoxicated causing serious
bodily injury to another person (IC 9-30-5-4).
(16) Resisting law enforcement as a felony (IC 35-44-3-3).
(IC 35-44.1-3-1).
(b) As used in this section, "episode of criminal conduct" means
offenses or a connected series of offenses that are closely related in
time, place, and circumstance.
(c) Except as provided in subsection (d) or (e), the court shall
determine whether terms of imprisonment shall be served concurrently
or consecutively. The court may consider the:
(1) aggravating circumstances in IC 35-38-1-7.1(a); and
(2) mitigating circumstances in IC 35-38-1-7.1(b);
in making a determination under this subsection. The court may order
terms of imprisonment to be served consecutively even if the sentences
are not imposed at the same time. However, except for crimes of
violence, the total of the consecutive terms of imprisonment, exclusive
of terms of imprisonment under IC 35-50-2-8 and IC 35-50-2-10, to
which the defendant is sentenced for felony convictions arising out of
an episode of criminal conduct shall not exceed the advisory sentence
for a felony which is one (1) class of felony higher than the most
serious of the felonies for which the person has been convicted.
(d) If, after being arrested for one (1) crime, a person commits
another crime:
(1) before the date the person is discharged from probation,
parole, or a term of imprisonment imposed for the first crime; or
(2) while the person is released:
(A) upon the person's own recognizance; or
(B) on bond;
the terms of imprisonment for the crimes shall be served consecutively,
regardless of the order in which the crimes are tried and sentences are
imposed.
(e) If the factfinder determines under IC 35-50-2-11 that a person
used a firearm in the commission of the offense for which the person
was convicted, the term of imprisonment for the underlying offense and
the additional term of imprisonment imposed under IC 35-50-2-11
must be served consecutively.
SOURCE: IC 35-50-2-7; (13)SB0085.1.145. -->
SECTION 145. IC 35-50-2-7, AS AMENDED BY P.L.69-2012,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 7. (a) A person who commits a Class D felony
shall be imprisoned for a fixed term of between six (6) months and
three (3) years, with the advisory sentence being one and one-half (1
1/2) years. In addition, the person may be fined not more than ten
thousand dollars ($10,000).
(b) Notwithstanding subsection (a), if a person has committed a
Class D felony, the court may enter judgment of conviction of a Class
A misdemeanor and sentence accordingly. However, the court shall
enter a judgment of conviction of a Class D felony if:
(1) the court finds that:
(A) the person has committed a prior, unrelated felony for
which judgment was entered as a conviction of a Class A
misdemeanor; and
(B) the prior felony was committed less than three (3) years
before the second felony was committed;
(2) the offense is domestic battery as a Class D felony under
IC 35-42-2-1.3; or
(3) the offense is possession of child pornography
(IC 35-42-4-4(c)).
The court shall enter in the record, in detail, the reason for its action
whenever it exercises the power to enter judgment of conviction of a
Class A misdemeanor granted in this subsection.
(c) Notwithstanding subsection (a), the sentencing court may
convert a Class D felony conviction to a Class A misdemeanor
conviction if, after receiving a verified petition as described in
subsection (d) and after conducting a hearing of which the prosecuting
attorney has been notified, the court makes the following findings:
(1) The person is not a sex or violent offender (as defined in
IC 11-8-8-5).
(2) The person was not convicted of a Class D felony that resulted
in bodily injury to another person.
(3) The person has not been convicted of perjury under
IC 35-44.1-2-1 (or IC 35-44-2-1 before its repeal) or official
misconduct under IC 35-44.1-1-1 (or IC 35-44-1-2 before its
repeal).
(4) At least three (3) years have passed since the person:
(A) completed the person's sentence; and
(B) satisfied any other obligation imposed on the person as
part of the sentence;
for the Class D felony.
(5) The person has not been convicted of a felony since the
person:
(A) completed the person's sentence; and
(B) satisfied any other obligation imposed on the person as
part of the sentence;
for the Class D felony.
(6) No criminal charges are pending against the person.
(d) A petition filed under subsection (c) must be verified and set
forth:
(1) the crime the person has been convicted of;
(2) the date of the conviction;
(3) the date the person completed the person's sentence;
(4) any obligations imposed on the person as part of the sentence;
(5) the date the obligations were satisfied; and
(6) a verified statement that there are no criminal charges pending
against the person.
(e) If a person whose Class D felony conviction has been converted
to a Class A misdemeanor conviction under subsection (c) is convicted
of a felony within five (5) years after the conversion under subsection
(c), a prosecuting attorney may petition a court to convert the person's
Class A misdemeanor conviction back to a Class D felony conviction.
SOURCE: IC 35-51-6-1; (13)SB0085.1.146. -->
SECTION 146. IC 35-51-6-1, AS AMENDED BY P.L.6-2012,
SECTION 236, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 1. The following statutes define
crimes in IC 6:
IC 6-1.1-5.5-10 (Concerning sales disclosure forms).
IC 6-1.1-37-1 (Concerning officers of the state or local
government).
IC 6-1.1-37-2 (Concerning officials or representatives of the
department of local government finance).
IC 6-1.1-37-3 (Concerning property tax returns, statements, or
documents).
IC 6-1.1-37-4 (Concerning property tax deductions).
IC 6-1.1-37-5 (Concerning false statements on a report or
application).
IC 6-1.1-37-6 (Concerning general assessments).
IC 6-2.3-5.5-12 (Concerning utility taxes).
IC 6-2.3-7-1 (Concerning taxes).
IC 6-2.3-7-2 (Concerning taxes).
IC 6-2.3-7-3 (Concerning taxes).
IC 6-2.3-7-4 (Concerning taxes).
IC 6-2.5-9-1 (Concerning taxes).
IC 6-2.5-9-2 (Concerning taxes).
IC 6-2.5-9-3 (Concerning taxes).
IC 6-2.5-9-6 (Concerning taxes).
IC 6-2.5-9-7 (Concerning retail sales).
IC 6-2.5-9-8 (Concerning taxes).
IC 6-3-3-9 (Concerning taxes).
IC 6-3-4-8 (Concerning taxes).
IC 6-3-6-10 (Concerning taxes).
IC 6-3-6-11 (Concerning taxes).
IC 6-3-7-5 (Concerning taxes).
IC 6-3.5-4-16 (Concerning taxes).
IC 6-4.1-12-12 (Concerning taxes).
IC 6-5.5-7-3 (Concerning taxes).
IC 6-5.5-7-4 (Concerning taxes).
IC 6-6-1.1-1307 (Concerning taxes).
IC 6-6-1.1-1308 (Concerning taxes).
IC 6-6-1.1-1309 (Concerning taxes).
IC 6-6-1.1-1310 (Concerning taxes).
IC 6-6-1.1-1311 (Concerning taxes).
IC 6-6-1.1-1312 (Concerning taxes).
IC 6-6-1.1-1313 (Concerning taxes).
IC 6-6-1.1-1316 (Concerning taxes).
IC 6-6-2.5-28 (Concerning taxes).
IC 6-6-2.5-40 (Concerning fuel).
IC 6-6-2.5-56.5 (Concerning fuel).
IC 6-6-2.5-62 (Concerning fuel).
IC 6-6-2.5-63 (Concerning taxes).
IC 6-6-2.5-71 (Concerning taxes).
IC 6-6-5-11 (Concerning taxes).
IC 6-6-5.1-25 (Concerning taxes).
IC 6-6-6-10 (Concerning taxes).
IC 6-6-11-27 (Concerning taxes).
IC 6-7-1-15 (Concerning tobacco taxes).
IC 6-7-1-21 (Concerning tobacco taxes).
IC 6-7-1-22 (Concerning tobacco taxes).
IC 6-7-1-23 (Concerning tobacco taxes).
IC 6-7-1-24 (Concerning tobacco taxes).
IC 6-7-1-36 (Concerning tobacco taxes).
IC 6-7-2-18 (Concerning tobacco taxes).
IC 6-7-2-19 (Concerning tobacco taxes).
IC 6-7-2-20 (Concerning tobacco taxes).
IC 6-7-2-21 (Concerning tobacco taxes).
IC 6-8-1-19 (Concerning petroleum severance taxes).
IC 6-8-1-23 (Concerning petroleum severance taxes).
IC 6-8-1-24 (Concerning petroleum severance taxes).
IC 6-8.1-3-21.2 (Concerning taxes).
IC 6-8.1-7-3 (Concerning taxes).
IC 6-8.1-8-2 (Concerning taxes).
IC 6-8.1-10-4 (Concerning taxes).
IC 6-9-2-5 (Concerning innkeeper's taxes).
IC 6-9-2.5-8 (Concerning innkeeper's taxes).
IC 6-9-4-8 (Concerning innkeeper's taxes).
IC 6-9-6-8 (Concerning innkeeper's taxes).
IC 6-9-7-8 (Concerning innkeeper's taxes).
IC 6-9-10-8 (Concerning innkeeper's taxes).
IC 6-9-10.5-12 (Concerning innkeeper's taxes).
IC 6-9-11-8 (Concerning innkeeper's taxes).
IC 6-9-14-8 (Concerning innkeeper's taxes).
IC 6-9-15-8 (Concerning innkeeper's taxes).
IC 6-9-16-8 (Concerning innkeeper's taxes).
IC 6-9-17-8 (Concerning innkeeper's taxes).
IC 6-9-18-8 (Concerning innkeeper's taxes).
IC 6-9-19-8 (Concerning innkeeper's taxes).
IC 6-9-29-2 (Concerning innkeeper's taxes).
IC 6-9-32-8 (Concerning innkeeper's taxes).
IC 6-9-37-8 (Concerning innkeeper's taxes).
SOURCE: IC 35-51-25-1; (13)SB0085.1.147. -->
SECTION 147. IC 35-51-25-1, AS ADDED BY P.L.70-2011,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1. The following statutes define crimes in
IC 25:
IC 25-2.1-13-3 (Concerning accountants).
IC 25-2.5-3-4 (Concerning acupuncturists).
IC 25-5.1-4-2 (Concerning athletic trainers).
IC 25-5.2-2-12 (Concerning athlete agents).
IC 25-6.1-7-1 (Concerning auctioneers and auctions).
IC 25-6.1-7-2 (Concerning auctioneers and auctions).
IC 25-8-15.4-25 (Concerning beauty culture).
IC 25-10-1-11 (Concerning chiropractors).
IC 25-11-1-12 (Concerning collection agencies).
IC 25-13-1-3 (Concerning dental hygienists).
IC 25-14-1-25 (Concerning dentists).
IC 25-14-4-6 (Concerning dentists).
IC 25-14.5-7-2 (Concerning dietitians).
IC 25-16-1-18 (Concerning employment services).
IC 25-17.3-5-3 (Concerning genetic counselors).
IC 25-17.6-8-2 (Concerning geologists).
IC 25-18-1-19 (Concerning distress sales).
IC 25-20-1-21 (Concerning hearing aid dealers).
IC 25-20.7-5-1 (Concerning interior designers).
IC 25-21.5-5-10 (Concerning land surveyors).
IC 25-21.5-13-2 (Concerning land surveyors).
IC 25-21.8-7-1 (Concerning massage therapists).
IC 25-22.5-8-2 (Concerning physicians).
IC 25-22.5-8-3 (Concerning physicians).
IC 25-23-1-27 (Concerning nurses).
IC 25-23.5-3-2 (Concerning occupational therapists).
IC 25-23.6-3-3 (Concerning marriage and family therapists).
IC 25-23.6-4-4 (Concerning marriage and family therapists).
IC 25-23.6-4.5-4 (Concerning marriage and family therapists).
IC 25-23.6-4.7-7 IC 25-23.6-7-7 (Concerning marriage and
family therapists).
IC 25-23.6-10.1-6 (Concerning marriage and family therapists).
IC 25-23.6-11-1 (Concerning marriage and family therapists).
IC 25-23.6-11-2 (Concerning marriage and family therapists).
IC 25-23.6-11-3 (Concerning marriage and family therapists).
IC 25-23.7-7-5 (Concerning manufactured home installers).
IC 25-24-1-18 (Concerning optometrists).
IC 25-24-3-17 (Concerning optometrists).
IC 25-26-13-29 (Concerning pharmacists, pharmacies, and drug
stores).
IC 25-26-14-23 (Concerning pharmacists, pharmacies, and drug
stores).
IC 25-26-14-25 (Concerning pharmacists, pharmacies, and drug
stores).
IC 25-26-14-26 (Concerning pharmacists, pharmacies, and drug
stores).
IC 25-26-14-27 (Concerning pharmacists, pharmacies, and drug
stores).
IC 25-26-19-9 (Concerning pharmacists, pharmacies, and drug
stores).
IC 25-26-21-11 (Concerning pharmacists, pharmacies, and drug
stores).
IC 25-27-1-12 (Concerning physical therapists).
IC 25-27.5-7-2 (Concerning physician assistants).
IC 25-28.5-1-31 (Concerning plumbers).
IC 25-29-9-1 (Concerning podiatrists).
IC 25-30-1-21 (Concerning private investigator firms, security
guards, and polygraph examiners).
IC 25-30-1.3-23 (Concerning private investigator firms, security
guards, and polygraph examiners).
IC 25-31-1-13 (Concerning engineers).
IC 25-31-1-27 (Concerning engineers).
IC 25-31.5-8-7 (Concerning soil scientists).
IC 25-33-1-15 (Concerning psychologists).
IC 25-34.5-3-2 (Concerning respiratory care specialists).
IC 25-35.6-3-10 (Concerning speech pathologists and
audiologists).
IC 25-36.1-1-2 (Concerning surgical technologists).
IC 25-36.5-1-10 (Concerning timber buyers).
IC 25-36.5-1-15 (Concerning timber buyers).
IC 25-38.1-4-10 (Concerning veterinarians).
IC 25-38.1-4-11 (Concerning veterinarians).
IC 25-39-5-1 (Concerning water well drilling contractors).
IC 25-39-5-7 (Concerning water well drilling contractors).
IC 25-41-1-2 (Concerning behavior analysts).
SOURCE: IC 36-1-3-8; (13)SB0085.1.148. -->
SECTION 148. IC 36-1-3-8, AS AMENDED BY P.L.200-2005,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 8. (a) Subject to subsection (b), a unit does
not have the following:
(1) The power to condition or limit its civil liability, except as
expressly granted by statute.
(2) The power to prescribe the law governing civil actions
between private persons.
(3) The power to impose duties on another political subdivision,
except as expressly granted by statute.
(4) The power to impose a tax, except as expressly granted by
statute.
(5) The power to impose a license fee greater than that reasonably
related to the administrative cost of exercising a regulatory power.
(6) The power to impose a service charge or user fee greater than
that reasonably related to reasonable and just rates and charges
for services.
(7) The power to regulate conduct that is regulated by a state
agency, except as expressly granted by statute.
(8) The power to prescribe a penalty for conduct constituting a
crime or infraction under statute.
(9) The power to prescribe a penalty of imprisonment for an
ordinance violation.
(10) The power to prescribe a penalty of a fine as follows:
(A) More than ten thousand dollars ($10,000) for the violation
of an ordinance or a regulation concerning air emissions
adopted by a county that has received approval to establish an
air permit program under IC 13-17-12-6.
(B) For a violation of any other ordinance:
(i) more than two thousand five hundred dollars ($2,500) for
a first violation of the ordinance; and
(ii) except as provided in subsection (c), more than seven
thousand five hundred dollars ($7,500) for a second or
subsequent violation of the ordinance.
(11) The power to invest money, except as expressly granted by
statute.
(12) The power to order or conduct an election, except as
expressly granted by statute.
(b) A township does not have the following, except as expressly
granted by statute:
(1) The power to require a license or impose a license fee.
(2) The power to impose a service charge or user fee.
(3) The power to prescribe a penalty.
(c) Subsection (a)(10)(B)(ii) does not apply to the violation of an
ordinance that regulates traffic or parking.
SOURCE: IC 36-1-20.2-4; (13)SB0085.1.149. -->
SECTION 149. IC 36-1-20.2-4, AS ADDED BY P.L.135-2012,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4. (a) As used in For the purposes of this
chapter, a person is in the "direct line of supervision" means of an
elected officer or employee who is in if the elected officer or
employee is in a position to affect the terms and conditions of another
the individual's employment, including making decisions about work
assignments, compensation, grievances, advancement, or performance
evaluation.
(b) The term does not include the responsibilities of the executive,
legislative body, or fiscal body of a unit, as provided by law, to make
decisions regarding salary ordinances, budgets, or personnel policies
of the unit.
SOURCE: IC 36-1-21-5; (13)SB0085.1.150. -->
SECTION 150. IC 36-1-21-5, AS ADDED BY P.L.135-2012,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 5. (a) A unit may enter into a contract or
renew a contract for the procurement of goods and services or a
contract for public works with:
(1) an individual who is a relative of an elected official; or
(2) a business entity that is wholly or partially owned by a relative
of an elected official;
only if the requirements of this section are satisfied and the elected
official does not violate
IC 35-44-1-3. IC 35-44.1-1-4.
(b) A unit may enter into a contract or renew a contract with an
individual or business entity described in subsection (a) if:
(1) the elected official files with the unit a full disclosure, which
must:
(A) be in writing;
(B) describe the contract or purchase to be made by the unit;
(C) describe the relationship that the elected official has to the
individual or business entity that contracts or purchases;
(D) be affirmed under penalty of perjury;
(E) be submitted to the legislative body of the unit and be
accepted by the legislative body in a public meeting of the unit
prior to final action on the contract or purchase; and
(F) be filed, not later than fifteen (15) days after final action on
the contract or purchase, with:
(i) the state board of accounts; and
(ii) the clerk of the circuit court in the county where the unit
takes final action on the contract or purchase;
(2) the appropriate agency of the unit:
(A) makes a certified statement that the contract amount or
purchase price was the lowest amount or price bid or offered;
or
(B) makes a certified statement of the reasons why the vendor
or contractor was selected; and
(3) the unit satisfies any other requirements under IC 5-22 or
IC 36-1-12.
(c) An elected official shall also comply with the disclosure
provisions of IC 35-44-1-3, IC 35-44.1-1-4, if applicable.
(d) This section does not affect the initial term of a contract in
existence at the time the term of office of the elected official of the unit
begins.
SOURCE: IC 36-2-7-10; (13)SB0085.1.151. -->
SECTION 151. IC 36-2-7-10, AS AMENDED BY P.L.45-2010,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 10. (a) The county recorder shall tax and
collect the fees prescribed by this section for recording, filing, copying,
and other services the recorder renders, and shall pay them into the
county treasury at the end of each calendar month. The fees prescribed
and collected under this section supersede all other recording fees
required by law to be charged for services rendered by the county
recorder.
(b) The county recorder shall charge the following:
(1) Six dollars ($6) for the first page and two dollars ($2) for each
additional page of any document the recorder records if the pages
are not larger than eight and one-half (8 1/2) inches by fourteen
(14) inches.
(2) Fifteen dollars ($15) for the first page and five dollars ($5) for
each additional page of any document the recorder records, if the
pages are larger than eight and one-half (8 1/2) inches by fourteen
(14) inches.
(3) For attesting to the release, partial release, or assignment of
any mortgage, judgment, lien, or oil and gas lease contained on a
multiple transaction document, the fee for each transaction after
the first is the amount provided in subdivision (1) plus the amount
provided in subdivision (4) and one dollar ($1) for marginal
mortgage assignments or marginal mortgage releases.
(4) One dollar ($1) for each cross-reference of a recorded
document.
(5) One dollar ($1) per page not larger than eight and one-half (8
1/2) inches by fourteen (14) inches for furnishing copies of
records and two dollars ($2) per page that is larger than eight and
one-half (8 1/2) inches by fourteen (14) inches.
(6) Five dollars ($5) for acknowledging or certifying to a
document.
(7) Five dollars ($5) for each deed the recorder records, in
addition to other fees for deeds, for the county surveyor's corner
perpetuation fund for use as provided in IC 21-47-3-3 or
IC 36-2-12-11(e).
(8) A fee in an amount authorized under IC 5-14-3-8 for
transmitting a copy of a document by facsimile machine.
(9) A fee in an amount authorized by an ordinance adopted by the
county legislative body for duplicating a computer tape, a
computer disk, an optical disk, microfilm, or similar media. This
fee may not cover making a handwritten copy or a photocopy or
using xerography or a duplicating machine.
(10) A supplemental fee of three dollars ($3) for recording a
document that is paid at the time of recording. The fee under this
subdivision is in addition to other fees provided by law for
recording a document.
(11) Three dollars ($3) for each mortgage on real estate recorded,
in addition to other fees required by this section, distributed as
follows:
(A) Fifty cents ($0.50) is to be deposited in the recorder's
record perpetuation fund.
(B) Two dollars and fifty cents ($2.50) is to be distributed to
the auditor of state on or before June 20 and December 20 of
each year as provided in IC 24-9-9-3.
(12) This subdivision applies in a county only if at least one (1)
unit in the county has established an affordable housing fund
under IC 5-20-5-15.5 and the county fiscal body adopts an
ordinance authorizing the fee described in this subdivision. An
ordinance adopted under this subdivision may authorize the
county recorder to charge a fee of:
(A) two dollars and fifty cents ($2.50) for the first page; and
(B) one dollar ($1) for each additional page;
of each document the recorder records.
(13) This subdivision applies in a county containing a
consolidated city that has established a housing trust fund under
IC 36-7-15.1-35.5(e). The county fiscal body may adopt an
ordinance authorizing the fee described in this subdivision. An
ordinance adopted under this subdivision may authorize the
county recorder to charge a fee of:
(A) two dollars and fifty cents ($2.50) for the first page; and
(B) one dollar ($1) for each additional page;
of each document the recorder records.
(c) The county recorder shall charge a two dollar ($2) county
identification security protection fee for recording or filing a document.
This fee shall be deposited under IC 36-2-7.5-6.
(d) The county treasurer shall establish a recorder's records
perpetuation fund. All revenue received under section 10.1 of this
chapter, subsection (b)(5), (b)(8), (b)(9), and (b)(10), and
IC 36-2-7.5-6(c)(1) (after June 30, 2011), IC 36-2-7.5-6(b)(1), and
fifty cents ($0.50) from revenue received under subsection (b)(11),
shall be deposited in this fund. The county recorder may use any money
in this fund without appropriation for the preservation of records and
the improvement of record keeping systems and equipment. Money
from the fund may not be deposited or transferred into the county
general fund and does not revert to the county general fund at the end
of a fiscal year.
(e) As used in this section, "record" or "recording" includes the
functions of recording, filing, and filing for record.
(f) The county recorder shall post the fees set forth in subsection (b)
in a prominent place within the county recorder's office where the fee
schedule will be readily accessible to the public.
(g) The county recorder may not tax or collect any fee for:
(1) recording an official bond of a public officer, a deputy, an
appointee, or an employee; or
(2) performing any service under any of the following:
(A) IC 6-1.1-22-2(c).
(B) IC 8-23-7.
(C) IC 8-23-23.
(D) IC 10-17-2-3.
(E) IC 10-17-3-2.
(F) IC 12-14-13.
(G) IC 12-14-16.
(h) The state and its agencies and instrumentalities are required to
pay the recording fees and charges that this section prescribes.
(i) This subsection applies to a county other than a county
containing a consolidated city. The county treasurer shall distribute
money collected by the county recorder under subsection (b)(12) as
follows:
(1) Sixty percent (60%) of the money collected by the county
recorder under subsection (b)(12) shall be distributed to the units
in the county that have established an affordable housing fund
under IC 5-20-5-15.5 for deposit in the fund. The amount to be
distributed to a unit is the amount available for distribution
multiplied by a fraction. The numerator of the fraction is the
population of the unit. The denominator of the fraction is the
population of all units in the county that have established an
affordable housing fund. The population to be used for a county
that establishes an affordable housing fund is the population of
the county outside any city or town that has established an
affordable housing fund.
(2) Forty percent (40%) of the money collected by the county
recorder under subsection (b)(12) shall be distributed to the
treasurer of state for deposit in the affordable housing and
community development fund established under IC 5-20-4-7 for
the purposes of the fund.
Money shall be distributed under this subsection before the sixteenth
day of the month following the month in which the money is collected
from the county recorder.
(j) This subsection applies to a county described in subsection
(b)(13). The county treasurer shall distribute money collected by the
county recorder under subsection (b)(13) as follows:
(1) Sixty percent (60%) of the money collected by the county
recorder under subsection (b)(13) shall be deposited in the
housing trust fund established under IC 36-7-15.1-35.5(e) for the
purposes of the fund.
(2) Forty percent (40%) of the money collected by the county
recorder under subsection (b)(13) shall be distributed to the
treasurer of state for deposit in the affordable housing and
community development fund established under IC 5-20-4-7 for
the purposes of the fund.
Money shall be distributed under this subsection before the sixteenth
day of the month following the month in which the money is collected
from the county recorder.
SOURCE: IC 36-2-7-19; (13)SB0085.1.152. -->
SECTION 152. IC 36-2-7-19, AS AMENDED BY P.L.120-2012,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 19. (a) As used in this section, "fund" refers
to a county elected officials training fund established under subsection
(b).
(b) Each county legislative body shall before July 1, 2011, establish
a county elected officials training fund. The county fiscal body shall
appropriate money from the fund.
(c) The fund consists of money deposited under IC 36-2-7.5-6(c)(3)
IC 36-2-7.5-6(b)(3) and any other sources required or permitted by
law. Money in the fund does not revert to the county general fund.
(d) Money in the fund shall be used solely to provide training of
county elected officials required by IC 36-2-9-2.5, IC 36-2-9.5-2.5,
IC 36-2-10-2.5, IC 36-2-11-2.5, IC 36-2-12-2.5, and other similar laws.
SOURCE: IC 36-2-7.5-6; (13)SB0085.1.153. -->
SECTION 153. IC 36-2-7.5-6, AS AMENDED BY P.L.45-2010,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 6. (a) The county recorder shall charge a two
dollar ($2) county identification security protection fee for recording
or filing a document in addition to the fees required by
IC 36-2-7-10(b)(1) through IC 36-2-7-10(b)(11).
(b) The county recorder shall deposit two dollars ($2) of the fee
charged under subsection (a) in the county identification security
protection fund established by section 11 of this chapter. This
subsection expires July 1, 2011.
(c) (b) Beginning July 1, 2011, The county recorder shall deposit the
fee charged under subsection (a) in the following manner:
(1) One dollar ($1) shall be deposited in the county recorder's
records perpetuation fund established under IC 36-2-7-10(d).
(2) Fifty cents ($0.50) shall be deposited in the county
identification security protection fund established under section
11 of this chapter.
(3) Fifty cents ($0.50) shall be deposited in the county elected
officials training fund established under IC 36-2-7-19.
SOURCE: IC 36-2-7.5-11; (13)SB0085.1.154. -->
SECTION 154. IC 36-2-7.5-11, AS AMENDED BY P.L.45-2010,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 11. (a) As used in this section, "fund" refers
to a county identification security protection fund established under
subsection (b).
(b) Each county legislative body shall establish an identification
security protection fund to be administered by the county recorder. The
county fiscal body shall appropriate money from the fund.
(c) A fund consists of money deposited in the fund under section
6(b) of this chapter. (before July 1, 2011) and section 6(c) of this
chapter (after June 30, 2011). Money in a fund does not revert to the
county general fund.
(d) A county recorder may use money in the fund only to purchase,
upgrade, implement, or maintain redacting technology used in the
office of the county recorder.
SOURCE: IC 36-12-2-25; (13)SB0085.1.155. -->
SECTION 155. IC 36-12-2-25, AS AMENDED BY P.L.84-2012,
SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 25. (a) The residents or real property
taxpayers of the library district taxed for the support of the library may
use the facilities and services of the public library without charge for
library or related purposes. However, the library board may:
(1) fix and collect fees and rental charges; and
(2) assess fines, penalties, and damages for the:
(A) loss of;
(B) injury to; or
(C) failure to return;
any library property or material.
(b) A library board may issue local library cards to:
(1) residents and real property taxpayers of the library district;
(2) Indiana residents who are not residents of the library district;
and
(3) individuals who reside out of state and who are being served
through an agreement under IC 36-12-13.
(c) Except as provided in subsection (d), (e), a library board must
set and charge a fee for:
(1) a local library card issued under subsection (b)(2); and
(2) a local library card issued under subsection (b)(3).
(d) The minimum fee that the board may set under this subsection
(c) is the greater of the following:
(1) The library district's operating fund expenditure per capita in
the most recent year for which that information is available in the
Indiana state library's annual "Statistics of Indiana Libraries".
(2) Twenty-five dollars ($25).
(d) (e) A library board may issue a local library card without charge
or for a reduced fee to an individual who is not a resident of the library
district and who is:
(1) a student enrolled in or a teacher in a public school
corporation or nonpublic school:
(A) that is located at least in part in the library district; and
(B) in which students in any grade from preschool through
grade 12 are educated; or
(2) a library employee of the district;
if the board adopts a resolution that is approved by an affirmative vote
of a majority of the members appointed to the library board.
(e) (f) A library card issued under subsection (b)(2), (b)(3), or (d)
(e) expires one (1) year after issuance of the card.
SOURCE: IC 36-12-5-3; (13)SB0085.1.156. -->
SECTION 156. IC 36-12-5-3, AS AMENDED BY P.L.84-2012,
SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. (a) The library board of a public library
may file with the township trustee and legislative body
with a proposal
of expansion and an intent to file a petition for acceptance of the
proposal of expansion. Not later than ten (10) days after the filing, the
township trustee shall publish notice of the proposal of expansion in
the manner provided in IC 5-3-1 in a newspaper of general circulation
in the township. Beginning the first day after the notice is published,
and during the period that ends sixty (60) days after the date of the
publication of the notice, an individual who is a registered voter of the
affected township or part of the affected township subject to expansion
may sign one (1) or both of the following:
(1) A petition for acceptance of the proposal of expansion that
states that the registered voter is in favor of the establishment of
an expanded library district.
(2) A remonstrance in opposition to the proposal of expansion
that states that the registered voter is opposed to the establishment
of an expanded library district.
(b) A registered voter of the township or part of the township may
file a petition or a remonstrance, if any, with the clerk of the circuit
court in the county where the township is located. A petition for
acceptance of the proposal of expansion must be signed by at least
twenty percent (20%) of the registered voters of the township, or part
of the township, as determined by the most recent general election.
(c) The following apply to a petition that is filed under this section
or a remonstrance that is filed under subsection (b):
(1) The petition or remonstrance must show the following:
(A) The date on which each individual signed the petition or
remonstrance.
(B) The residence of each individual on the date the individual
signed the petition or remonstrance.
(2) The petition or remonstrance must include an affidavit of the
individual circulating the petition or remonstrance, stating that
each signature on the petition or remonstrance:
(A) was affixed in the individual's presence; and
(B) is the true signature of the individual who signed the
petition or remonstrance.
(3) Several copies of the petition or remonstrance may be
executed. The total of the copies constitute a petition or
remonstrance. A copy must include an affidavit described in
subdivision (2). A signer may file the petition or remonstrance, or
a copy of the petition or remonstrance. All copies constituting a
petition or remonstrance must be filed on the same day.
(4) The clerk of the circuit court in the county in which the
township is located shall do the following:
(A) If a name appears more than one (1) time on a petition or
on a remonstrance, the clerk must strike any duplicates of the
name until the name appears only one (1) time on a petition or
a remonstrance, or both, if the individual signed both a petition
and a remonstrance.
(B) Strike the name from either the petition or the
remonstrance of an individual who:
(i) signed both the petition and the remonstrance; and
(ii) personally, in the clerk's office, makes a voluntary
written and signed request for the clerk to strike the
individual's name from the petition or the remonstrance.
(C) Certify the number of signatures on the petition and on any
remonstrance that:
(i) are not duplicates; and
(ii) represent individuals who are registered voters in the
township or the part of the township on the day the
individuals signed the petition or remonstrance.
The clerk of the circuit court may only strike an individual's name
from a petition or a remonstrance as set forth in clauses (A) and
(B).
(d) The clerk of the circuit court shall complete the certification
required under subsection (c) not more than fifteen (15) days after the
petition or remonstrance is filed. The clerk shall:
(1) establish a record of certification in the clerk's office; and
(2) file the original petition, the original remonstrance, if any, and
a copy of the clerk's certification with the legislative body.
SOURCE: IC 36-12-5-6; (13)SB0085.1.157. -->
SECTION 157. IC 36-12-5-6, AS AMENDED BY P.L.84-2012,
SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 6. (a) The library board of a public library
may file with the legislative body of a county
with a proposal of
expansion and an intent to file a petition for acceptance of the proposal
of expansion. Not later than ten (10) days after the intent is filed, the
county auditor shall publish notice in the manner provided in IC 5-3-1
of the proposal of expansion in a newspaper of general circulation in
the county. Beginning the first day after the notice is published, and
during the period that ends sixty (60) days after the date of the
publication of the notice, an individual who is a registered voter of an
affected township or an affected part of a township subject to the
expansion may sign one (1) or both of the following:
(1) A petition for acceptance of the proposal of expansion.
(2) A remonstrance petition in opposition to the proposal of
expansion.
(b) Registered voters shall file a petition or a remonstrance, if any,
with the clerk of the circuit court in the county where the townships are
located. A petition for acceptance of the proposal of expansion must be
signed by at least twenty percent (20%) of the registered voters of the
townships or parts of townships, as determined by the most recent
general election.
SOURCE: ; (13)SB0085.1.158. -->
SECTION 158.
An emergency is declared for this act.