Indiana House Bill HB1075 Amended / Bill

                    *EH1075.1*
February 15, 2022
ENGROSSED
HOUSE BILL No. 1075
_____
DIGEST OF HB 1075 (Updated February 10, 2022 1:01 pm - DI 129)
Citations Affected:  IC 2-5; IC 4-3; IC 4-10; IC 4-23; IC 4-33;
IC 7.1-2; IC 8-10; IC 10-11; IC 14-9; IC 33-38; IC 36-1; IC 36-7;
IC 36-7.5; IC 36-8.
Synopsis:  Commissions and committees. Repeals the following: (1)
Indiana advisory commission on intergovernmental relations. (2) Public
highway private enterprise review board. (3) Lake Michigan marina
and shoreline development commission. (4) Orange County
development advisory board. Makes conforming changes. Moves a
definition from a statute being repealed. Assigns to the interim study
committee on government the task of studying activity of various
groups and interstate compacts each even-numbered year. Requires the
salary matrices prescribed for police employees, motor carrier
inspectors, capitol police officers, gaming control officers, alcohol and
tobacco commission enforcement officers, and conservation officers to
be reviewed and approved by the budget agency biennially in even-
numbered years before implementation. Requires the justice
reinvestment advisory council to review the composition of the
community corrections advisory board (advisory board) and report to
the legislative council before November 1, 2022, regarding how to
reduce the membership of an advisory board and the recommended
membership for an advisory board.
Effective:  Upon passage; July 1, 2022.
Pressel, Bartels, Miller D, Jordan
(SENATE SPONSORS — DORIOT, BOHACEK, GARTEN, KOCH)
January 4, 2022, read first time and referred to Committee on Government and Regulatory
Reform.
January 12, 2022, amended, reported — Do Pass.
January 18, 2022, read second time, ordered engrossed.
January 19, 2022, engrossed.
January 20, 2022, read third time, passed. Yeas 90, nays 0.
SENATE ACTION
February 2, 2022, read first time and referred to Committee on Appropriations.
February 14, 2022, amended, reported favorably — Do Pass.
EH 1075—LS 6784/DI 148  February 15, 2022
Second Regular Session of the 122nd General Assembly (2022)
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 2021 Regular Session of the General Assembly.
ENGROSSED
HOUSE BILL No. 1075
A BILL FOR AN ACT to amend the Indiana Code concerning state
offices and administration.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 2-5-1.3-13, AS AMENDED BY P.L.148-2021,
2 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 UPON PASSAGE]: Sec. 13. (a) A study committee shall study the
4 issues assigned by the legislative council that are within the subject
5 matter for the study committee, as described in section 4 of this
6 chapter.
7 (b) In addition to the issues assigned under subsection (a), the
8 interim study committee on roads and transportation shall advise the
9 bureau of motor vehicles regarding the suitability of a special group (as
10 defined in IC 9-13-2-170) to receive a special group recognition license
11 plate for the special group (as defined in IC 9-13-2-170) for the first
12 time under IC 9-18.5-12-4 and the suitability of a special group (as
13 defined in IC 9-13-2-170) to continue participating in the special group
14 recognition license plate program under IC 9-18.5-12-5.
15 (c) In addition to the issues assigned under subsection (a), the
16 interim study committee on corrections and criminal code shall review
17 current trends with respect to criminal behavior, sentencing,
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1 incarceration, and treatment and may:
2 (1) identify particular needs of the criminal justice system that can
3 be addressed by legislation; and
4 (2) prepare legislation to address the particular needs found by the
5 committee.
6 (d) In each even-numbered year, in addition to the issues assigned
7 under subsection (a), the interim study committee on courts and the
8 judiciary shall review, consider, and make recommendations
9 concerning all requests for new courts, new judicial officers, and
10 changes in jurisdiction of existing courts. A request under this
11 subsection must include at least the following information to receive
12 full consideration by the committee:
13 (1) The level of community support for the change, including
14 support from the local fiscal body.
15 (2) The results of a survey that shall be conducted by the county
16 requesting the change, sampling members of the bar, members of
17 the judiciary, and local officials to determine needs and concerns
18 of existing courts.
19 (3) Whether the county is already using a judge or magistrate
20 from an overserved area of the judicial district.
21 (4) The relative severity of need based on the most recent
22 weighted caseload measurement system report published by the
23 office of judicial administration.
24 (5) Whether the county is using any problem solving court as
25 described in IC 33-23-16-11, and, if so, the list of problem solving
26 courts established in the county, and any evaluation of the impact
27 of the problem solving courts on the overall judicial caseload.
28 (6) A description of the:
29 (A) county's population growth in the ten (10) years before the
30 date of the request; and
31 (B) projected population growth in the county for the ten (10)
32 years after the date of the request, to the extent available;
33 and any documentation to support the information provided under
34 this subdivision.
35 (7) A description of the county's use of pre-incarceration
36 diversion services and post-incarceration reentry services in an
37 effort to decrease recidivism.
38 (8) If the request is a request for a new court or new courts, an
39 acknowledgment from the county fiscal body (as defined in
40 IC 36-1-2-6) with the funding sources and estimated costs the
41 county intends to pay toward the county's part of the operating
42 costs associated with the new court or new courts.
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1 The office of judicial administration shall post the list of required
2 information provided under this subsection on its Internet web site.
3 (e) In each even-numbered year, in addition to the issues assigned
4 under subsection (a), the interim study committee on courts and the
5 judiciary shall review the most recent weighted caseload measurement
6 system report published by the office of judicial administration and do
7 the following:
8 (1) Identify each county in which the number of courts or judicial
9 officers exceeds the number used by the county in that report
10 year.
11 (2) Determine the number of previous report years in which the
12 number of courts or judicial officers in a county identified in
13 subdivision (1) exceeded the number used by the county in that
14 particular report year.
15 (3) Make a recommendation on whether the number of courts or
16 judicial officers in the county should be decreased.
17 The office of judicial administration shall post a list of the number of
18 courts or judicial officers used in each county for each report year, and
19 the number of years in which the number of courts or judicial officers
20 in the county has exceeded the number used by the county, on its
21 Internet web site.
22 (f) In addition to studying the issues assigned under subsection (a),
23 the interim study committee on child services shall:
24 (1) review the annual reports submitted by:
25 (A) each local child fatality review team under IC 16-49-3-7;
26 (B) the statewide child fatality review committee under
27 IC 16-49-4-11; and
28 (C) the department of child services under IC 31-25-2-24;
29 during the immediately preceding twelve (12) month period, and
30 may make recommendations regarding changes in policies or
31 statutes to improve child safety; and
32 (2) report to the legislative council before November 1 of each
33 interim, in an electronic format under IC 5-14-6, the results of:
34 (A) the committee's review under subdivision (1); and
35 (B) the committee's study of any issue assigned to the
36 committee under subsection (a).
37 (g) In each even-numbered year, in addition to the issues
38 assigned under subsection (a), the interim study committee on
39 government shall do the following:
40 (1) Determine whether a group has met in the immediately
41 preceding two (2) years.
42 (2) Identify all interstate compacts that have been fully
EH 1075—LS 6784/DI 148 4
1 operational for at least two (2) years to which the state is a
2 party.
3 (3) Consider whether to:
4 (A) remain a party to; or
5 (B) withdraw from;
6 each interstate compact.
7 (4) If the committee determines that the state should
8 withdraw from an interstate compact, identify the steps
9 needed to withdraw.
10 (5) Report before November 1 to the legislative council, in an
11 electronic format under IC 5-14-6 the committee's:
12 (A) recommendations for proposed legislation to repeal
13 groups that have not met during the immediately
14 preceding two (2) years; and
15 (B) findings and recommendations regarding the interstate
16 compacts.
17 As used in this subsection, "group" refers to an authority, a board,
18 a commission, a committee, a council, a delegate, a foundation, a
19 panel, or a task force that is established by statute, has at least one
20 (1) legislator assigned to it, and is not staffed by the legislative
21 services agency.
22 SECTION 2. IC 4-3-19 IS REPEALED [EFFECTIVE JULY 1,
23 2022]. (Public Highway Private Enterprise Review Board).
24 SECTION 3. IC 4-10-18-10, AS AMENDED BY P.L.119-2012,
25 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2022]: Sec. 10. (a) The state board of finance may lend money
27 from the fund to entities listed in subsections (e) through (k) for the
28 purposes specified in those subsections.
29 (b) An entity must apply for the loan before May 1, 1989, in a form
30 approved by the state board of finance. As part of the application, the
31 entity shall submit a plan for its use of the loan proceeds and for the
32 repayment of the loan. Within sixty (60) days after receipt of each
33 application, the board shall meet to consider the application and to
34 review its accuracy and completeness and to determine the need for the
35 loan. The board shall authorize a loan to an entity that makes an
36 application if the board approves its accuracy and completeness and
37 determines that there is a need for the loan and an adequate method of
38 repayment.
39 (c) The state board of finance shall determine the terms of each
40 loan, which must include the following:
41 (1) The duration of the loan, which must not exceed twelve (12)
42 years.
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1 (2) The repayment schedule of the loan, which must provide that
2 no payments are due during the first two (2) years of the loan.
3 (3) A variable rate of interest to be determined by the board and
4 adjusted annually. The interest rate must be the greater of:
5 (A) five percent (5%); or
6 (B) two-thirds (2/3) of the interest rate for fifty-two (52) week
7 United States Treasury bills on the anniversary date of the
8 loan, but not to exceed ten percent (10%).
9 (4) The amount of the loan or loans, which may not exceed the
10 maximum amounts established for the entity by this section.
11 (5) Any other conditions specified by the board.
12 (d) An entity may borrow money under this section by adoption of
13 an ordinance or a resolution and, as set forth in IC 5-1-14, may use any
14 source of revenue to repay a loan under this section. This section
15 constitutes complete authority for the entity to borrow from the fund.
16 If an entity described in subsection (i) fails to make any repayments of
17 a loan, the amount payable shall be withheld by the auditor of state
18 from any other money payable to the consolidated city. If any other
19 entity described in this section fails to make any repayments of a loan,
20 the amount payable shall be withheld by the auditor of state from any
21 other money payable to the entity. The amount withheld shall be
22 transferred to the fund to the credit of the entity.
23 (e) A loan under this section may be made to a city located in a
24 county having a population of more than twenty-five thousand (25,000)
25 but less than twenty-five thousand eight hundred (25,800) for the city's
26 waterworks facility. The amount of the loan may not exceed one
27 million six hundred thousand dollars ($1,600,000).
28 (f) A loan under this section may be made to a city the territory of
29 which is included in part within the Lake Michigan corridor (as defined
30 in IC 14-13-3-2, before its repeal) for a marina development project. As
31 a part of its application under subsection (b), the city must include the
32 following:
33 (1) Written approval by the Lake Michigan marina development
34 commission of the project to be funded by the loan proceeds.
35 (2) A written determination by the commission of the amount
36 needed by the city, for the project and of the amount of the
37 maximum loan amount under this subsection that should be lent
38 to the city.
39 The maximum amount of loans available for all cities that are eligible
40 for a loan under this subsection is eight million six hundred thousand
41 dollars ($8,600,000).
42 (g) A loan under this section may be made to a county having a
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1 population of more than one hundred seventy-five thousand (175,000)
2 but less than one hundred eighty-five thousand (185,000) for use by the
3 airport authority in the county for the construction of runways. The
4 amount of the loan may not exceed seven million dollars ($7,000,000).
5 The county may lend the proceeds of its loan to an airport authority for
6 the public purpose of fostering economic growth in the county.
7 (h) A loan under this section may be made to a city having a
8 population of more than sixty thousand (60,000) but less than sixty-five
9 thousand (65,000) for the construction of parking facilities. The
10 amount of the loan may not exceed three million dollars ($3,000,000).
11 (i) A loan or loans under this section may be made to a consolidated
12 city, a local public improvement bond bank, or any board, authority, or
13 commission of the consolidated city to fund economic development
14 projects under IC 36-7-15.2-5 or to refund obligations issued to fund
15 economic development projects. The amount of the loan may not
16 exceed thirty million dollars ($30,000,000).
17 (j) A loan under this section may be made to a county having a
18 population of more than thirteen thousand (13,000) but less than
19 fourteen thousand (14,000) for extension of airport runways. The
20 amount of the loan may not exceed three hundred thousand dollars
21 ($300,000).
22 (k) A loan under this section may be made to Covington Community
23 School Corporation to refund the amount due on a tax anticipation
24 warrant loan. The amount of the loan may not exceed two million seven
25 hundred thousand dollars ($2,700,000), to be paid back from any
26 source of money that is legally available to the school corporation.
27 Notwithstanding subsection (b), the school corporation must apply for
28 the loan before June 30, 2010. Notwithstanding subsection (c),
29 repayment of the loan shall be made in equal installments over five (5)
30 years with the first installment due not more than six (6) months after
31 the date loan proceeds are received by the school corporation.
32 (l) IC 6-1.1-20 does not apply to a loan made by an entity under this
33 section.
34 (m) As used in this section, "entity" means a governmental entity
35 authorized to obtain a loan under subsections (e) through (k).
36 SECTION 4. IC 4-23-24.2 IS REPEALED [EFFECTIVE JULY 1,
37 2022]. (Indiana Advisory Commission on Intergovernmental
38 Relations).
39 SECTION 5. IC 4-33-20-8, AS ADDED BY P.L.227-2007,
40 SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2022]: Sec. 8. The commission shall create a matrix for salary
42 ranges for gaming control officers, which must be reviewed and
EH 1075—LS 6784/DI 148 7
1 approved by the budget agency biennially in even-numbered years
2 before implementation.
3 SECTION 6. IC 7.1-2-2-13, AS AMENDED BY P.L.234-2007,
4 SECTION 305, IS AMENDED TO READ AS FOLLOWS
5 [EFFECTIVE JULY 1, 2022]: Sec. 13. (a) The alcohol and tobacco
6 commission shall categorize salaries of enforcement officers within
7 each rank based upon the rank held and the number of years of service
8 in the commission through the twentieth year. The salary ranges that
9 the board assigns to each rank shall be divided into a base salary and
10 twenty (20) increments above the base salary with:
11 (1) the base salary in the rank paid to a person with less than one
12 (1) year of service in the commission; and
13 (2) the highest salary in the rank paid to a person with at least
14 twenty (20) years of service in the commission.
15 (b) The salary matrix prescribed by this section shall be reviewed
16 and approved by the budget agency biennially in even-numbered
17 years before implementation.
18 (c) The salary matrix prescribed by this section must have parity
19 with the salary matrix prescribed by the natural resources commission
20 under IC 14-9-8 for conservation officers of the department of natural
21 resources. The budget agency shall approve a salary matrix that meets
22 the parity requirement of this subsection.
23 SECTION 7. IC 8-10-9-3, AS AMENDED BY P.L.197-2011,
24 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2022]: Sec. 3. (a) There is established in each city to which
26 this chapter applies a waterway management district.
27 (b) The district includes all territory, including both dry land and
28 water, within a distance of one-half (1/2) mile on either side of the
29 center line of any waterway within the city in which the district is
30 established, excluding the land and water occupied by any marina
31 owned by a unit of government located in the corridor (as defined in
32 IC 36-7-13.5-1). strip of land in Indiana abutting Lake Michigan
33 and the tributaries of Lake Michigan.
34 (c) The district boundary is formed by an imaginary line one-half
35 (1/2) mile distant from the center line of a waterway in all directions.
36 However, the boundary of the district does not extend beyond the
37 boundaries of the city in which the district is located in those areas
38 where the city boundary is located less than one-half (1/2) mile from
39 the center line of a waterway.
40 SECTION 8. IC 10-11-2-13, AS AMENDED BY P.L.234-2007,
41 SECTION 306, IS AMENDED TO READ AS FOLLOWS
42 [EFFECTIVE JULY 1, 2022]: Sec. 13. (a) The board shall categorize
EH 1075—LS 6784/DI 148 8
1 salaries of police employees within each rank based upon the rank held
2 and the number of years of service in the department through the
3 twentieth year. The salary ranges the board assigns to each rank shall
4 be divided into a base salary and twenty (20) increments above the base
5 salary, with:
6 (1) the base salary in the rank paid to a person with less than one
7 (1) year of service in the department; and
8 (2) the highest salary in the rank paid to a person with at least
9 twenty (20) years of service in the department.
10 (b) The salary matrix prescribed by this section shall be reviewed
11 and approved by the budget agency biennially in even-numbered
12 years before implementation.
13 SECTION 9. IC 10-11-2-27, AS AMENDED BY P.L.234-2007,
14 SECTION 304, IS AMENDED TO READ AS FOLLOWS
15 [EFFECTIVE JULY 1, 2022]: Sec. 27. (a) The board shall categorize
16 salaries of motor carrier inspectors within each rank based upon the
17 rank held and the number of years of service in the department through
18 the tenth year. The salary ranges the board assigns to each rank shall be
19 divided into a base salary and ten (10) increments above the base
20 salary, with:
21 (1) the base salary in the rank paid to a person with less than one
22 (1) year of service in the department; and
23 (2) the highest salary in the rank paid to a person with at least ten
24 (10) years of service in the department.
25 (b) For purposes of creating the salary matrix prescribed by this
26 section, the board may not approve salary ranges for any rank that are
27 less than the salary ranges effective for that rank on January 1, 1995.
28 (c) The salary matrix prescribed by this section:
29 (1) shall be reviewed and approved by the budget agency
30 biennially in even-numbered years before implementation; and
31 (2) must include the job classifications of motor carrier district
32 coordinator, motor carrier zone coordinator, and motor carrier
33 administrator.
34 SECTION 10. IC 10-11-2-28.5, AS ADDED BY P.L.83-2006,
35 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2022]: Sec. 28.5. (a) After June 30, 2007, the board shall use
37 a salary matrix that categorizes salaries of capitol police officers
38 described in section 28 of this chapter within each rank based upon the
39 rank held and the number of years of service in the department through
40 the tenth year. The salary ranges the board assigns to each rank shall be
41 divided into a base salary and ten (10) increments above the base
42 salary, with:
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1 (1) the base salary in the rank paid to a capitol police officer with
2 less than one (1) year of service in the department; and
3 (2) the highest salary in the rank paid to a capitol police officer
4 with at least ten (10) years of service in the department.
5 (b) For purposes of creating the salary matrix prescribed by this
6 section, the board may not approve salary ranges for any rank of capitol
7 police officers that are less than the salary ranges effective for that rank
8 on January 1, 2006.
9 (c) The salary matrix prescribed by this section shall be reviewed
10 and approved by the budget agency biennially in even-numbered
11 years before implementation.
12 (d) The salary matrix developed under subsection (a) must use the
13 same percentage differentials between increments that are used for the
14 salary matrix for police employees under IC 10-11-2-13.
15 SECTION 11. IC 14-9-8-28, AS AMENDED BY P.L.234-2007,
16 SECTION 307, IS AMENDED TO READ AS FOLLOWS
17 [EFFECTIVE JULY 1, 2022]: Sec. 28. (a) The natural resources
18 commission shall categorize salaries of enforcement officers within
19 each rank based upon the rank held and the number of years of service
20 in the department through the twentieth year. The salary ranges that the
21 commission assigns to each rank shall be divided into a base salary and
22 twenty (20) increments above the base salary with:
23 (1) the base salary in the rank paid to a person with less than one
24 (1) year of service in the department; and
25 (2) the highest salary in the rank paid to a person with at least
26 twenty (20) years of service in the department.
27 (b) The salary matrix prescribed by this section shall be reviewed
28 and approved by the state budget agency biennially in even-numbered
29 years before implementation.
30 (c) The salaries for law enforcement officers of the law enforcement
31 division of the department must be equal to the salaries of police
32 employees of the state police department under IC 10-11-2-13, based
33 upon years of service in the department and rank held.
34 (d) The requirement of subsection (c) does not affect:
35 (1) any rights or liabilities accrued; or
36 (2) any proceedings begun;
37 on or before June 30, 1999. Those rights, liabilities, and proceedings
38 continue and shall be imposed and enforced under prior civil law and
39 procedure as if the requirement of subsection (c) had not been enacted.
40 SECTION 12. IC 33-38-9.5-2, AS AMENDED BY P.L.207-2021,
41 SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2022]: Sec. 2. (a) The justice reinvestment advisory council
EH 1075—LS 6784/DI 148 10
1 is established. The advisory council consists of the following members:
2 (1) The executive director of the Indiana public defender council
3 or the executive director's designee.
4 (2) The executive director of the Indiana prosecuting attorneys
5 council or the executive director's designee.
6 (3) The director of the division of mental health and addiction or
7 the director's designee.
8 (4) The president of the Indiana Sheriffs' Association or the
9 president's designee.
10 (5) The commissioner of the Indiana department of correction or
11 the commissioner's designee.
12 (6) The chief administrative officer of the office of judicial
13 administration or the chief administrative officer's designee.
14 (7) The executive director of the Indiana criminal justice institute
15 or the executive director's designee.
16 (8) The president of the Indiana Association of Community
17 Corrections Act Counties or the president's designee.
18 (9) The president of the Probation Officers Professional
19 Association of Indiana or the president's designee.
20 (10) The budget director or the budget director's designee.
21 (11) The executive director of the Association of Indiana Counties
22 or the executive director's designee.
23 (12) The president of the Indiana Judges Association or the
24 president's designee.
25 (13) The chair of the Indiana public defender commission or the
26 chair's designee.
27 (14) The chair of the senate corrections and criminal law
28 committee or the chair's designee.
29 (15) The ranking minority member of the senate corrections and
30 criminal law committee or the ranking minority member's
31 designee.
32 (16) The chair of the house courts and criminal code committee
33 or the chair's designee.
34 (17) The ranking minority member of the house courts and
35 criminal code committee or the ranking minority member's
36 designee.
37 (18) The governor or the governor's designee.
38 (19) The president and chief executive officer of the Indiana
39 Council of Community Mental Health Centers or the president
40 and chief executive officer's designee.
41 (20) The president and chief executive officer of Mental Health
42 America of Indiana or the president and chief executive officer's
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1 designee.
2 (b) The chief justice or the chief justice's designee shall serve as
3 chairperson of the advisory council.
4 (c) The duties of the advisory council include:
5 (1) reviewing and evaluating state and local criminal justice
6 systems and corrections programs, including pretrial services,
7 behavioral health treatment and recovery services, community
8 corrections, county jails, parole, and probation services;
9 (2) reviewing the processes used by the department of correction
10 and the division of mental health and addiction in awarding
11 grants;
12 (3) reviewing and evaluating jail overcrowding to identify a range
13 of possible solutions;
14 (4) coordinating with other criminal justice funding sources;
15 (5) establishing committees to inform the work of the advisory
16 council; and
17 (6) performing other relevant duties as determined by the advisory
18 council.
19 (d) The advisory council may make recommendations to:
20 (1) the department of correction, community corrections advisory
21 boards, and the division of mental health and addiction
22 concerning the award of grants;
23 (2) criminal justice systems and corrections programs concerning
24 best practices to improve outcomes of persons under supervision;
25 (3) the Indiana general assembly concerning legislation and
26 funding for criminal justice initiatives;
27 (4) the Indiana criminal justice institute concerning criminal
28 justice funding priorities;
29 (5) the office of judicial administration concerning veterans
30 problem-solving court grants; and
31 (6) the county sheriffs concerning strategies to address jail
32 overcrowding and implementing evidence based practices for
33 reducing recidivism for individuals in county jails.
34 (e) The office of judicial administration shall staff the advisory
35 council.
36 (f) The expenses of the advisory council shall be paid by the office
37 of judicial administration from funds appropriated to the office of
38 judicial administration for the administrative costs of the justice
39 reinvestment advisory council.
40 (g) A member of the advisory council is not entitled to the minimum
41 salary per diem provided by IC 4-10-11-2.1(b). The member is,
42 however, entitled to reimbursement for traveling expenses as provided
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1 under IC 4-13-1-4 and other expenses actually incurred in connection
2 with the member's duties as provided in the state policies and
3 procedures established by the Indiana department of administration and
4 approved by the budget agency.
5 (h) The affirmative votes of a majority of the voting members
6 appointed to the advisory council are required for the advisory council
7 to take action on any measure.
8 (i) The advisory council shall meet as necessary to:
9 (1) work with the department of correction and the division of
10 mental health and addiction to establish the grant criteria and
11 grant reporting requirements described in subsection (l);
12 (2) review grant applications;
13 (3) make recommendations and provide feedback to the
14 department of correction and the division of mental health and
15 addiction concerning grants to be awarded;
16 (4) review grants awarded by the department of correction and the
17 division of mental health and addiction; and
18 (5) suggest areas and programs in which the award of future
19 grants might be beneficial.
20 (j) The advisory council, in conjunction with the Indiana criminal
21 justice institute, shall jointly issue an annual report under IC 5-2-6-24.
22 (k) The advisory council shall review the composition of the
23 community corrections advisory board described in IC 11-12-2-2
24 and make a recommendation to the legislative council in an
25 electronic format under IC 5-14-6 before November 1, 2022,
26 regarding how to reduce the membership of a community
27 corrections advisory board and the recommended membership for
28 a community corrections advisory board.
29 (k) (l) Any entity that receives funds:
30 (1) recommended by the advisory council; and
31 (2) appropriated by the department of correction;
32 for the purpose of providing additional treatment or supervision
33 services shall provide the information described in subsection (l) (m)
34 to the department of correction to aid in the compilation of the report
35 described in subsection (j).
36 (l) (m) The department of correction shall provide the advisory
37 council with the following information:
38 (1) The total number of participants, categorized by level of most
39 serious offense, who were served by the entity through funds
40 described in subsection (k). (l).
41 (2) The percentage of participants, categorized by level of most
42 serious offense, who completed a treatment program, service, or
EH 1075—LS 6784/DI 148 13
1 level of supervision.
2 (3) The percentage of participants, categorized by level of most
3 serious offense, who were discharged from a treatment program,
4 service, or level of supervision.
5 (4) The percentage of participants, categorized by level of most
6 serious offense, who:
7 (A) completed a funded treatment program, service, or level of
8 supervision; and
9 (B) were subsequently committed to the department of
10 correction;
11 within twenty-four (24) months after completing the funded
12 treatment program, service, or level of supervision.
13 (5) The percentage of participants, categorized by level of most
14 serious offense, who were:
15 (A) discharged from a funded treatment program, service, or
16 level of supervision; and
17 (B) subsequently committed to the department of correction;
18 within twenty-four (24) months after being discharged from the
19 funded treatment program, service, or level of supervision.
20 (6) The total number of participants who completed a funded
21 treatment program, service, or level of supervision.
22 (7) The total number of participants who:
23 (A) completed a funded treatment program, service, or level of
24 supervision; and
25 (B) were legally employed.
26 (8) Any other information relevant to the funding of the entity as
27 described in subsection (k). (l).
28 SECTION 13. IC 36-1-12-3, AS AMENDED BY P.L.43-2019,
29 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30 JULY 1, 2022]: Sec. 3. (a) The board may purchase or lease materials
31 in the manner provided in IC 5-22 and perform any public work, by
32 means of its own workforce, without awarding a contract whenever the
33 cost of that public work project is estimated to be less than two hundred
34 fifty thousand dollars ($250,000). Before a board may perform any
35 work under this section by means of its own workforce, the political
36 subdivision or agency must have a group of employees on its staff who
37 are capable of performing the construction, maintenance, and repair
38 applicable to that work. For purposes of this subsection, the cost of a
39 public work project includes:
40 (1) the actual cost of materials, labor, equipment, and rental;
41 (2) a reasonable rate for use of trucks and heavy equipment
42 owned; and
EH 1075—LS 6784/DI 148 14
1 (3) all other expenses incidental to the performance of the project.
2 (b) This subsection applies only to a municipality or a county. The
3 workforce of a municipality or county may perform a public work
4 described in subsection (a) only if:
5 (1) the workforce, through demonstrated skills, training, or
6 expertise, is capable of performing the public work; and
7 (2) for a public work project under subsection (a) whose cost is
8 estimated to be more than one hundred thousand dollars
9 ($100,000), the board:
10 (A) publishes a notice under IC 5-3-1 that:
11 (i) describes the public work that the board intends to
12 perform with its own workforce; and
13 (ii) sets forth the projected cost of each component of the
14 public work as described in subsection (a); and
15 (B) determines at a public meeting that it is in the public
16 interest to perform the public work with the board's own
17 workforce.
18 A public work project performed by a board's own workforce must be
19 inspected and accepted as complete in the same manner as a public
20 work project performed under a contract awarded after receiving bids.
21 (c) When the project involves the rental of equipment with an
22 operator furnished by the owner, or the installation or application of
23 materials by the supplier of the materials, the project is considered to
24 be a public work project and subject to this chapter. However, an
25 annual contract may be awarded for equipment rental and materials to
26 be installed or applied during a calendar or fiscal year if the proposed
27 project or projects are described in the bid specifications.
28 (d) A board of aviation commissioners or an airport authority board
29 may purchase or lease materials in the manner provided in IC 5-22 and
30 perform any public work by means of its own workforce and owned or
31 leased equipment, in the construction, maintenance, and repair of any
32 airport roadway, runway, taxiway, or aircraft parking apron whenever
33 the cost of that public work project is estimated to be less than one
34 hundred fifty thousand dollars ($150,000).
35 (e) Municipal and county hospitals must comply with this chapter
36 for all contracts for public work that are financed in whole or in part
37 with cumulative building fund revenue, as provided in section 1(c) of
38 this chapter. However, if the cost of the public work is estimated to be
39 less than fifty thousand dollars ($50,000), as reflected in the board
40 minutes, the hospital board may have the public work done without
41 receiving bids, by purchasing the materials and performing the work by
42 means of its own workforce and owned or leased equipment.
EH 1075—LS 6784/DI 148 15
1 (f) If a public works project involves a structure, an improvement,
2 or a facility under the control of a department (as defined in
3 IC 4-3-19-2(2)), public highway department that is under the
4 political control of a unit (as defined in IC 36-1-2-23) and involved
5 in the construction, maintenance, or repair of a public highway (as
6 defined in IC 9-25-2-4), the department may not artificially divide the
7 project to bring any part of the project under this section.
8 SECTION 14. IC 36-7-11.5-1, AS AMENDED BY P.L.234-2007,
9 SECTION 282, IS AMENDED TO READ AS FOLLOWS
10 [EFFECTIVE JULY 1, 2022]: Sec. 1. (a) As used in this chapter,
11 "advisory board" refers to the Orange County development advisory
12 board established by section 12 of this chapter.
13 (b) (a) As used in this chapter, "development commission" refers to
14 the Orange County development commission established by section 3.5
15 of this chapter.
16 (c) (b) As used in this chapter, "historic hotel" has the meaning set
17 forth in IC 4-33-2-11.1.
18 (d) (c) As used in this chapter, "hotel riverboat resort" refers to the
19 historic hotels, the riverboat operated under IC 4-33-6.5, and other
20 properties operated in conjunction with the riverboat enterprise located
21 in Orange County.
22 (e) (d) As used in this chapter, "qualified historic hotel" refers to a
23 historic hotel that has an atrium that includes a dome that is at least two
24 hundred (200) feet in diameter.
25 SECTION 15. IC 36-7-11.5-12 IS REPEALED [EFFECTIVE JULY
26 1, 2022]. Sec. 12. (a) The Orange County development advisory board
27 is established for the purpose of advising the development commission
28 established under section 3.5 of this chapter.
29 (b) The advisory board consists of five (5) members appointed as
30 follows:
31 (1) One (1) individual appointed by the speaker of the house of
32 representatives.
33 (2) One (1) individual appointed by the president pro tempore of
34 the senate.
35 (3) One (1) individual appointed by the Orange County
36 convention and visitors bureau.
37 (4) Two (2) individuals appointed by the chief operating officer
38 of the hotel riverboat resort.
39 (c) Except as provided in subsection (d), the members of the
40 advisory board shall each serve for a term of four (4) years. A vacancy
41 shall be filled for the duration of the term by the original appointing
42 authority.
EH 1075—LS 6784/DI 148 16
1 (d) The member appointed under subsection (b)(3) shall serve an
2 initial term of one (1) year. As determined by the appointing authority,
3 the two (2) members appointed under subsection (b)(4) shall serve
4 initial terms of two (2) and three (3) years respectively.
5 (e) A member of the advisory board is not entitled to a salary per
6 diem. However, a member is entitled to reimbursement for travel
7 expenses incurred in connection with the member's duties, as provided
8 in the state travel policies and procedures established by the
9 department of administration and approved by the budget agency.
10 SECTION 16. IC 36-7-13.5 IS REPEALED [EFFECTIVE JULY 1,
11 2022]. (Shoreline Development).
12 SECTION 17. IC 36-7.5-1-12, AS AMENDED BY P.L.197-2011,
13 SECTION 146, IS AMENDED TO READ AS FOLLOWS
14 [EFFECTIVE JULY 1, 2022]: Sec. 12. "Eligible political subdivision"
15 means the following:
16 (1) An airport authority.
17 (2) A commuter transportation district.
18 (3) A regional bus authority under IC 36-9-3-2(c).
19 (4) A regional transportation authority established under
20 IC 36-9-3-2.
21 (5) The Lake Michigan marina and shoreline development
22 commission under IC 36-7-13.5.
23 SECTION 18. IC 36-7.5-1-12.4 IS REPEALED [EFFECTIVE JULY
24 1, 2022]. Sec. 12.4. "Lake Michigan marina and shoreline development
25 commission" means the commission established by IC 36-7-13.5-2.
26 SECTION 19. IC 36-7.5-1-12.5 IS REPEALED [EFFECTIVE JULY
27 1, 2022]. Sec. 12.5. "Lake Michigan marina and shoreline development
28 commission project" means a project that can be financed with the
29 proceeds of bonds issued by the Lake Michigan marina and shoreline
30 development commission.
31 SECTION 20. IC 36-7.5-1-13, AS AMENDED BY P.L.197-2011,
32 SECTION 149, IS AMENDED TO READ AS FOLLOWS
33 [EFFECTIVE JULY 1, 2022]: Sec. 13. "Project" means an airport
34 authority project, a commuter transportation district project, an
35 economic development project, a regional bus authority project, or a
36 regional transportation authority project. or a Lake Michigan marina
37 and shoreline development commission project.
38 SECTION 21. IC 36-7.5-2-1, AS AMENDED BY P.L.229-2017,
39 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2022]: Sec. 1. The northwest Indiana regional development
41 authority is established as a separate body corporate and politic to carry
42 out the purposes of this article by:
EH 1075—LS 6784/DI 148 17
1 (1) acquiring, constructing, equipping, owning, leasing, and
2 financing projects and facilities for lease to or for the benefit of
3 eligible political subdivisions under this article in accordance
4 with IC 36-7.5-3-1.5;
5 (2) funding and developing the Gary/Chicago International
6 Airport expansion and other airport authority projects, commuter
7 transportation district and other rail projects and services,
8 regional bus authority projects and services, regional
9 transportation authority projects and services, Lake Michigan
10 marina and shoreline development projects and activities, and
11 economic development projects in northwestern Indiana;
12 (3) assisting with the funding of infrastructure needed to sustain
13 development of an intermodal facility in northwestern Indiana;
14 (4) funding and developing regional transportation infrastructure
15 projects under IC 36-9-43; and
16 (5) studying and evaluating destination based economic
17 development projects that have:
18 (A) an identified market;
19 (B) identified funding sources and these funding sources
20 include at least fifty percent (50%) from nongovernmental
21 sources; and
22 (C) a demonstrable short and long term local and regional
23 economic impact, as verified by an independent economic
24 analysis.
25 An economic analysis conducted under clause (C) must be
26 submitted to the budget committee at least thirty (30) days before
27 review is sought for the project under IC 36-7.5-3-1.5.
28 SECTION 22. IC 36-7.5-3-1, AS AMENDED BY P.L.189-2018,
29 SECTION 168, IS AMENDED TO READ AS FOLLOWS
30 [EFFECTIVE JULY 1, 2022]: Sec. 1. The development authority shall
31 do the following:
32 (1) Subject to sections 1.5 and 1.7 of this chapter, assist in the
33 coordination of local efforts concerning projects.
34 (2) Assist a commuter transportation district, an airport authority,
35 the Lake Michigan marina and shoreline development
36 commission, a regional transportation authority, and a regional
37 bus authority in coordinating regional transportation and
38 economic development efforts.
39 (3) Subject to sections 1.5 and 1.7 of this chapter, fund projects
40 as provided in this article.
41 (4) Fund bus services (including fixed route services and flexible
42 or demand-responsive services) and projects related to bus
EH 1075—LS 6784/DI 148 18
1 services and bus terminals, stations, or facilities.
2 SECTION 23. IC 36-7.5-3-2, AS AMENDED BY P.L.229-2017,
3 SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2022]: Sec. 2. (a) The development authority may do any of
5 the following:
6 (1) Finance, improve, construct, reconstruct, renovate, purchase,
7 lease, acquire, and equip land and projects located in an eligible
8 county or eligible municipality.
9 (2) Lease land or a project to an eligible political subdivision.
10 (3) Finance and construct additional improvements to projects or
11 other capital improvements owned by the development authority
12 and lease them to or for the benefit of an eligible political
13 subdivision.
14 (4) Acquire land or all or a portion of one (1) or more projects
15 from an eligible political subdivision by purchase or lease and
16 lease the land or projects back to the eligible political subdivision,
17 with any additional improvements that may be made to the land
18 or projects.
19 (5) Acquire all or a portion of one (1) or more projects from an
20 eligible political subdivision by purchase or lease to fund or
21 refund indebtedness incurred on account of the projects to enable
22 the eligible political subdivision to make a savings in debt service
23 obligations or lease rental obligations or to obtain relief from
24 covenants that the eligible political subdivision considers to be
25 unduly burdensome.
26 (6) Make loans, loan guarantees, and grants or provide other
27 financial assistance to or on behalf of the following:
28 (A) A commuter transportation district.
29 (B) An airport authority or airport development authority.
30 (C) The Lake Michigan marina and shoreline development
31 commission.
32 (D) (C) A regional bus authority. A loan, loan guarantee,
33 grant, or other financial assistance under this clause may be
34 used by a regional bus authority for acquiring, improving,
35 operating, maintaining, financing, and supporting the
36 following:
37 (i) Bus services (including fixed route services and flexible
38 or demand-responsive services) that are a component of a
39 public transportation system.
40 (ii) Bus terminals, stations, or facilities or other regional bus
41 authority projects.
42 (E) (D) A regional transportation authority.
EH 1075—LS 6784/DI 148 19
1 (F) (E) A member municipality that is eligible to make an
2 appointment to the development board under
3 IC 36-7.5-2-3(b)(2) and that has pledged admissions tax
4 revenue for a bond anticipation note after March 31, 2014, and
5 before June 30, 2015. However, a loan made to such a member
6 municipality before June 30, 2016, under this clause must
7 have a term of not more than ten (10) years, must require
8 annual level debt service payments, and must have a market
9 based interest rate. If a member municipality defaults on the
10 repayment of a loan made under this clause, the development
11 authority shall notify the treasurer of state of the default and
12 the treasurer of state shall:
13 (i) withhold from any funds held for distribution to the
14 municipality under IC 4-33-12, or IC 4-33-13 an amount
15 sufficient to cure the default; and
16 (ii) pay that amount to the development authority.
17 (7) Provide funding to assist a railroad that is providing commuter
18 transportation services in an eligible county or eligible
19 municipality.
20 (8) Provide funding to assist an airport authority located in an
21 eligible county or eligible municipality in the construction,
22 reconstruction, renovation, purchase, lease, acquisition, and
23 equipping of an airport facility or airport project.
24 (9) Provide funding to assist in the development of an intermodal
25 facility to facilitate the interchange and movement of freight.
26 (10) Provide funding to assist the Lake Michigan marina and
27 shoreline development commission in carrying out the purposes
28 of IC 36-7-13.5.
29 (11) (10) Provide funding for economic development projects in
30 an eligible county or eligible municipality.
31 (12) (11) Hold, use, lease, rent, purchase, acquire, and dispose of
32 by purchase, exchange, gift, bequest, grant, condemnation, lease,
33 or sublease, on the terms and conditions determined by the
34 development authority, any real or personal property located in an
35 eligible county or eligible municipality.
36 (13) (12) After giving notice, enter upon any lots or lands for the
37 purpose of surveying or examining them to determine the location
38 of a project.
39 (14) (13) Make or enter into all contracts and agreements
40 necessary or incidental to the performance of its duties and the
41 execution of its powers under this article.
42 (15) (14) Sue, be sued, plead, and be impleaded.
EH 1075—LS 6784/DI 148 20
1 (16) (15) Design, order, contract for, and construct, reconstruct,
2 and renovate a project or improvements to a project.
3 (17) (16) Appoint an executive director and employ appraisers,
4 real estate experts, engineers, architects, surveyors, attorneys,
5 accountants, auditors, clerks, construction managers, and any
6 consultants or employees that are necessary or desired by the
7 development authority in exercising its powers or carrying out its
8 duties under this article.
9 (18) (17) Accept loans, grants, and other forms of financial
10 assistance from the federal government, the state government, a
11 political subdivision, or any other public or private source.
12 (19) (18) Use the development authority's funds to match federal
13 grants or make loans, loan guarantees, or grants to carry out the
14 development authority's powers and duties under this article.
15 (20) (19) Provide funding for regional transportation
16 infrastructure projects under IC 36-9-43.
17 (21) (20) Except as prohibited by law, take any action necessary
18 to carry out this article.
19 (b) If the development authority is unable to agree with the owners,
20 lessees, or occupants of any real property selected for the purposes of
21 this article, the development authority may proceed under IC 32-24-1
22 to procure the condemnation of the property. The development
23 authority may not institute a proceeding until it has adopted a
24 resolution that:
25 (1) describes the real property sought to be acquired and the
26 purpose for which the real property is to be used;
27 (2) declares that the public interest and necessity require the
28 acquisition by the development authority of the property involved;
29 and
30 (3) sets out any other facts that the development authority
31 considers necessary or pertinent.
32 The resolution is conclusive evidence of the public necessity of the
33 proposed acquisition.
34 SECTION 24. IC 36-7.5-4-6, AS ADDED BY P.L.214-2005,
35 SECTION 73, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2022]: Sec. 6. (a) Bonds issued under IC 8-5-15, IC 8-22-3,
37 IC 36-7-13.5, or IC 36-9-3 or prior law may be refunded as provided in
38 this section.
39 (b) An eligible political subdivision may:
40 (1) lease all or a portion of land or a project or projects to the
41 development authority, which may be at a nominal lease rental
42 with a lease back to the eligible political subdivision, conditioned
EH 1075—LS 6784/DI 148 21
1 upon the development authority assuming bonds issued under
2 IC 8-5-15, IC 8-22-3, IC 36-7-13.5, or IC 36-9-3 or prior law and
3 issuing its bonds to refund those bonds; and
4 (2) sell all or a portion of land or a project or projects to the
5 development authority for a price sufficient to provide for the
6 refunding of those bonds and lease back the land or project or
7 projects from the development authority.
8 SECTION 25. IC 36-8-16.7-48, AS AMENDED BY P.L.121-2016,
9 SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 JULY 1, 2022]: Sec. 48. (a) The budget committee shall review the
11 statewide 911 system governed by this chapter for the two (2) calendar
12 years ending:
13 (1) December 31, 2013; and
14 (2) December 31, 2014.
15 (b) In conducting the review required by this section, the budget
16 committee may examine the following:
17 (1) Whether the fund is being administered by the board in
18 accordance with this chapter.
19 (2) The collection, disbursement, and use of the statewide 911 fee
20 assessed under section 32 of this chapter. In performing a review
21 under this subdivision, the budget committee may examine
22 whether the statewide 911 fee:
23 (A) is being assessed in an amount that is reasonably
24 necessary to provide adequate and efficient 911 service; and
25 (B) is being used only for the purposes set forth in this chapter.
26 (3) The report submitted to the budget committee by the Indiana
27 advisory commission on intergovernmental relations under
28 IC 4-23-24.2-5(b) (before its expiration on July 1, 2016).
29 (4) (3) Any other data, reports, or information the budget
30 committee determines is necessary to review the statewide 911
31 system governed by this chapter.
32 (c) Subject to section 42 of this chapter, the board, the state board
33 of accounts, political subdivisions, providers, and PSAPs shall provide
34 to the budget committee all relevant data, reports, and information
35 requested by the budget committee to assist the budget committee in
36 carrying out its duties under this section.
37 (d) After conducting the review required by this section, the budget
38 committee shall, not later than June 1, 2015, report its findings to the
39 legislative council. The budget committee's findings under this
40 subsection:
41 (1) must include a recommendation as to whether the statewide
42 911 fee assessed under section 32 of this chapter should continue
EH 1075—LS 6784/DI 148 22
1 to be assessed and collected under this chapter after June 30,
2 2015; and
3 (2) if the budget committee recommends under subdivision (1)
4 that the statewide 911 fee assessed under section 32 of this
5 chapter should continue to be assessed and collected under this
6 chapter after June 30, 2015, may include recommendations for the
7 introduction in the general assembly of any legislation that the
8 budget committee determines is necessary to ensure that the
9 statewide 911 system governed by this chapter is managed in a
10 fair and fiscally prudent manner.
11 A report to the legislative council under this subsection must be in an
12 electronic format under IC 5-14-6.
13 (e) If the budget committee does not recommend in its report under
14 subsection (d) that the statewide 911 fee assessed under section 32 of
15 this chapter should continue to be assessed and collected under this
16 chapter after June 30, 2015, the statewide 911 fee assessed under
17 section 32 of this chapter expires July 1, 2015, and may not be assessed
18 or collected after June 30, 2015.
19 SECTION 26. An emergency is declared for this act.
EH 1075—LS 6784/DI 148 23
COMMITTEE REPORT
Mr. Speaker: Your Committee on Government and Regulatory
Reform, to which was referred House Bill 1075, has had the same
under consideration and begs leave to report the same back to the
House with the recommendation that said bill be amended as follows:
Page 3, line 42, after "compacts" insert "that have been fully
operational for at least two (2) years".
Page 7, between lines 26 and 27, begin a new paragraph and insert:
"SECTION 7. IC 11-12-2-2, AS AMENDED BY P.L.86-2017,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 2. (a) To qualify for financial aid under this
chapter, a county must establish a community corrections advisory
board by resolution of the county executive or, in a county having a
consolidated city, by the city-county council. A community corrections
advisory board must, at a minimum, consists consist of:
(1) the county sheriff or the sheriff's designee;
(2) the prosecuting attorney or the prosecuting attorney's
designee;
(3) the executive of the most populous municipality in the county
or the executive's designee;
(4) two (2) judges having criminal jurisdiction, if available,
appointed by the circuit court judge or the judges' designees;
(5) one (1) judge having juvenile jurisdiction, appointed by the
circuit court judge;
(6) (5) one (1) public defender or the public defender's designee,
if available, or one (1) attorney with a substantial criminal defense
practice appointed by the county executive or, in a county having
a consolidated city, by the city-county council;
(7) one (1) victim, or victim advocate if available, appointed by
the county executive or, in a county having a consolidated city, by
the city-county council;
(8) one (1) ex-offender, if available, appointed by the county
executive or, in a county having a consolidated city, by the
city-county council;
(9) (6) the director of the local office of the department of child
services or the director's designee; and
(10) a representative from a juvenile correctional facility or
juvenile detention center in the county, but if no facility exists,
one (1) mental health representative chosen by the judge
described in subdivision (5);
(11) a representative from the Juvenile Detention Alternatives
EH 1075—LS 6784/DI 148 24
Initiative, but if no program exists, a representative from the court
appointed special advocate program in the county or guardian ad
litem program in the county; and
(12) (7) the following members appointed by the county executive
or, in a county having a consolidated city, by the city-county
council:
(A) One (1) member of the county fiscal body or the member's
designee.
(B) One (1) probation officer.
(C) One (1) juvenile probation officer.
(D) One (1) educational administrator.
(E) One (1) representative of a private correctional agency, if
such an agency exists in the county.
(F) (C) One (1) mental health administrator. or, if there is none
available in the county, one (1) psychiatrist, psychologist, or
physician.
(G) Four (4) lay persons, at least one (1) of whom must be a
member of a minority race if a racial minority resides in the
county and a member of that minority is willing to serve.
(b) In addition to the members of the community corrections
advisory board appointed under subsection (a), a county by
resolution of the county executive or, in a county having a
consolidated city, by the city-county council may appoint the
following to the advisory board:
(1) One (1) judge having juvenile jurisdiction, appointed by
the circuit court judge or the juvenile court judge's designee.
(2) One (1) victim, or victim advocate if available, appointed
by the county executive or, in a county having a consolidated
city, by the city-county council.
(3) One (1) ex-offender, if available, appointed by the county
executive or, in a county having a consolidated city, by the
city-county council.
(4) A representative from a juvenile correctional facility or
juvenile detention center in the county, but if no facility exists,
one (1) mental health representative chosen by the judge
described in subdivision (1).
(5) A representative from the Juvenile Detention Alternatives
Initiative, but if no program exists, a representative from the
court appointed special advocate program in the county or
guardian ad litem program in the county.
(6) The following members appointed by the county executive
or, in a county having a consolidated city, by the city-county
EH 1075—LS 6784/DI 148 25
council:
(A) One (1) juvenile probation officer.
(B) One (1) educational administrator.
(C) One (1) representative of a private correctional agency,
if such an agency exists in the county.
(D) Four (4) lay persons, at least one (1) of whom must be
a member of a minority race if a racial minority resides in
the county and a member of that minority is willing to
serve.
(b) (c) Designees of officials designated under subsection
subsections (a)(1) through (a)(6), (a)(9), (a)(7)(A), and (a)(12)(A)
(b)(1) serve at the pleasure of the designating official.
(c) (d) Members of the advisory board appointed by the county
executive or, in a county having a consolidated city, by the city-county
council, shall be appointed for a term of four (4) years. The criminal
defense attorney, the ex-offender, and the victim or victim advocate
shall be appointed for a term of four (4) years. Other members serve
only while holding the office or position held at the time of
appointment. The circuit court judge may fill the position of the judge
having juvenile court jurisdiction by self appointment if the circuit
court judge is otherwise qualified. A vacancy occurring before the
expiration of the term of office shall be filled in the same manner as
original appointments for the unexpired term. Members may be
reappointed.
(d) (e) Two (2) or more counties, by resolution of their county
executives or, in a county having a consolidated city, by the city-county
council, may combine to apply for financial aid under this chapter. If
counties so combine, the counties may establish one (1) community
corrections advisory board to serve these counties. This board must
contain the representation prescribed in subsection (a), but the
members may come from the participating counties as determined by
agreement of the county executives or, in a county having a
consolidated city, by the city-county council.
(e) (f) The members of the community corrections advisory board
shall, within thirty (30) days after the last initial appointment is made,
meet and elect one (1) member as chairman and another as vice
chairman and appoint a secretary-treasurer who need not be a member.
A majority of the members of a community corrections advisory board
may provide for a number of members that is:
(1) less than a majority of the members; and
(2) at least six (6);
to constitute a quorum for purposes of transacting business. The
EH 1075—LS 6784/DI 148 26
affirmative votes of at least five (5) members, but not less than a
majority of the members present, are required for the board to take
action. A vacancy in the membership does not impair the right of a
quorum to transact business.
(f) (g) The county executive and county fiscal body shall provide
necessary assistance and appropriations to the community corrections
advisory board established for that county. Appropriations required
under this subsection are limited to amounts received from the
following sources:
(1) Department grants.
(2) User fees.
(3) Other funds as contained within an approved plan.
Additional funds may be appropriated as determined by the county
executive and county fiscal body.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to HB 1075 as introduced.)
MILLER D
Committee Vote: yeas 11, nays 0.
_____
COMMITTEE REPORT
Madam President: The Senate Committee on Appropriations, to
which was referred House Bill No. 1075, has had the same under
consideration and begs leave to report the same back to the Senate with
the recommendation that said bill be AMENDED as follows:
Page 6, between lines 38 and 39, begin a new paragraph and insert:
"SECTION 5. IC 4-33-20-8, AS ADDED BY P.L.227-2007,
SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 8. The commission shall create a matrix for salary
ranges for gaming control officers, which must be reviewed and
approved by the budget agency biennially in even-numbered years
before implementation.
SECTION 6. IC 7.1-2-2-13, AS AMENDED BY P.L.234-2007,
SECTION 305, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 13. (a) The alcohol and tobacco
commission shall categorize salaries of enforcement officers within
EH 1075—LS 6784/DI 148 27
each rank based upon the rank held and the number of years of service
in the commission through the twentieth year. The salary ranges that
the board assigns to each rank shall be divided into a base salary and
twenty (20) increments above the base salary with:
(1) the base salary in the rank paid to a person with less than one
(1) year of service in the commission; and
(2) the highest salary in the rank paid to a person with at least
twenty (20) years of service in the commission.
(b) The salary matrix prescribed by this section shall be reviewed
and approved by the budget agency biennially in even-numbered
years before implementation.
(c) The salary matrix prescribed by this section must have parity
with the salary matrix prescribed by the natural resources commission
under IC 14-9-8 for conservation officers of the department of natural
resources. The budget agency shall approve a salary matrix that meets
the parity requirement of this subsection.".
Page 7, line 6, strike "IC".
Page 7, line 27, delete "biennially".
Page 7, line 27, after "agency" insert "biennially in even-numbered
years".
Page 7, delete lines 28 through 42.
Delete pages 8 through 9.
Page 10, delete lines 1 through 32, begin a new paragraph and
insert:
"SECTION 8. IC 10-11-2-27, AS AMENDED BY P.L.234-2007,
SECTION 304, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 27. (a) The board shall categorize
salaries of motor carrier inspectors within each rank based upon the
rank held and the number of years of service in the department through
the tenth year. The salary ranges the board assigns to each rank shall be
divided into a base salary and ten (10) increments above the base
salary, with:
(1) the base salary in the rank paid to a person with less than one
(1) year of service in the department; and
(2) the highest salary in the rank paid to a person with at least ten
(10) years of service in the department.
(b) For purposes of creating the salary matrix prescribed by this
section, the board may not approve salary ranges for any rank that are
less than the salary ranges effective for that rank on January 1, 1995.
(c) The salary matrix prescribed by this section:
(1) shall be reviewed and approved by the budget agency
biennially in even-numbered years before implementation; and
EH 1075—LS 6784/DI 148 28
(2) must include the job classifications of motor carrier district
coordinator, motor carrier zone coordinator, and motor carrier
administrator.
SECTION 9. IC 10-11-2-28.5, AS ADDED BY P.L.83-2006,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 28.5. (a) After June 30, 2007, the board shall use
a salary matrix that categorizes salaries of capitol police officers
described in section 28 of this chapter within each rank based upon the
rank held and the number of years of service in the department through
the tenth year. The salary ranges the board assigns to each rank shall be
divided into a base salary and ten (10) increments above the base
salary, with:
(1) the base salary in the rank paid to a capitol police officer with
less than one (1) year of service in the department; and
(2) the highest salary in the rank paid to a capitol police officer
with at least ten (10) years of service in the department.
(b) For purposes of creating the salary matrix prescribed by this
section, the board may not approve salary ranges for any rank of capitol
police officers that are less than the salary ranges effective for that rank
on January 1, 2006.
(c) The salary matrix prescribed by this section shall be reviewed
and approved by the budget agency biennially in even-numbered
years before implementation.
(d) The salary matrix developed under subsection (a) must use the
same percentage differentials between increments that are used for the
salary matrix for police employees under IC 10-11-2-13.
SECTION 10. IC 14-9-8-28, AS AMENDED BY P.L.234-2007,
SECTION 307, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 28. (a) The natural resources
commission shall categorize salaries of enforcement officers within
each rank based upon the rank held and the number of years of service
in the department through the twentieth year. The salary ranges that the
commission assigns to each rank shall be divided into a base salary and
twenty (20) increments above the base salary with:
(1) the base salary in the rank paid to a person with less than one
(1) year of service in the department; and
(2) the highest salary in the rank paid to a person with at least
twenty (20) years of service in the department.
(b) The salary matrix prescribed by this section shall be reviewed
and approved by the state budget agency biennially in even-numbered
years before implementation.
(c) The salaries for law enforcement officers of the law enforcement
EH 1075—LS 6784/DI 148 29
division of the department must be equal to the salaries of police
employees of the state police department under IC 10-11-2-13, based
upon years of service in the department and rank held.
(d) The requirement of subsection (c) does not affect:
(1) any rights or liabilities accrued; or
(2) any proceedings begun;
on or before June 30, 1999. Those rights, liabilities, and proceedings
continue and shall be imposed and enforced under prior civil law and
procedure as if the requirement of subsection (c) had not been enacted.
SECTION 11. IC 33-38-9.5-2, AS AMENDED BY P.L.207-2021,
SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 2. (a) The justice reinvestment advisory council
is established. The advisory council consists of the following members:
(1) The executive director of the Indiana public defender council
or the executive director's designee.
(2) The executive director of the Indiana prosecuting attorneys
council or the executive director's designee.
(3) The director of the division of mental health and addiction or
the director's designee.
(4) The president of the Indiana Sheriffs' Association or the
president's designee.
(5) The commissioner of the Indiana department of correction or
the commissioner's designee.
(6) The chief administrative officer of the office of judicial
administration or the chief administrative officer's designee.
(7) The executive director of the Indiana criminal justice institute
or the executive director's designee.
(8) The president of the Indiana Association of Community
Corrections Act Counties or the president's designee.
(9) The president of the Probation Officers Professional
Association of Indiana or the president's designee.
(10) The budget director or the budget director's designee.
(11) The executive director of the Association of Indiana Counties
or the executive director's designee.
(12) The president of the Indiana Judges Association or the
president's designee.
(13) The chair of the Indiana public defender commission or the
chair's designee.
(14) The chair of the senate corrections and criminal law
committee or the chair's designee.
(15) The ranking minority member of the senate corrections and
criminal law committee or the ranking minority member's
EH 1075—LS 6784/DI 148 30
designee.
(16) The chair of the house courts and criminal code committee
or the chair's designee.
(17) The ranking minority member of the house courts and
criminal code committee or the ranking minority member's
designee.
(18) The governor or the governor's designee.
(19) The president and chief executive officer of the Indiana
Council of Community Mental Health Centers or the president
and chief executive officer's designee.
(20) The president and chief executive officer of Mental Health
America of Indiana or the president and chief executive officer's
designee.
(b) The chief justice or the chief justice's designee shall serve as
chairperson of the advisory council.
(c) The duties of the advisory council include:
(1) reviewing and evaluating state and local criminal justice
systems and corrections programs, including pretrial services,
behavioral health treatment and recovery services, community
corrections, county jails, parole, and probation services;
(2) reviewing the processes used by the department of correction
and the division of mental health and addiction in awarding
grants;
(3) reviewing and evaluating jail overcrowding to identify a range
of possible solutions;
(4) coordinating with other criminal justice funding sources;
(5) establishing committees to inform the work of the advisory
council; and
(6) performing other relevant duties as determined by the advisory
council.
(d) The advisory council may make recommendations to:
(1) the department of correction, community corrections advisory
boards, and the division of mental health and addiction
concerning the award of grants;
(2) criminal justice systems and corrections programs concerning
best practices to improve outcomes of persons under supervision;
(3) the Indiana general assembly concerning legislation and
funding for criminal justice initiatives;
(4) the Indiana criminal justice institute concerning criminal
justice funding priorities;
(5) the office of judicial administration concerning veterans
problem-solving court grants; and
EH 1075—LS 6784/DI 148 31
(6) the county sheriffs concerning strategies to address jail
overcrowding and implementing evidence based practices for
reducing recidivism for individuals in county jails.
(e) The office of judicial administration shall staff the advisory
council.
(f) The expenses of the advisory council shall be paid by the office
of judicial administration from funds appropriated to the office of
judicial administration for the administrative costs of the justice
reinvestment advisory council.
(g) A member of the advisory council is not entitled to the minimum
salary per diem provided by IC 4-10-11-2.1(b). The member is,
however, entitled to reimbursement for traveling expenses as provided
under IC 4-13-1-4 and other expenses actually incurred in connection
with the member's duties as provided in the state policies and
procedures established by the Indiana department of administration and
approved by the budget agency.
(h) The affirmative votes of a majority of the voting members
appointed to the advisory council are required for the advisory council
to take action on any measure.
(i) The advisory council shall meet as necessary to:
(1) work with the department of correction and the division of
mental health and addiction to establish the grant criteria and
grant reporting requirements described in subsection (l);
(2) review grant applications;
(3) make recommendations and provide feedback to the
department of correction and the division of mental health and
addiction concerning grants to be awarded;
(4) review grants awarded by the department of correction and the
division of mental health and addiction; and
(5) suggest areas and programs in which the award of future
grants might be beneficial.
(j) The advisory council, in conjunction with the Indiana criminal
justice institute, shall jointly issue an annual report under IC 5-2-6-24.
(k) The advisory council shall review the composition of the
community corrections advisory board described in IC 11-12-2-2
and make a recommendation to the legislative council in an
electronic format under IC 5-14-6 before November 1, 2022,
regarding how to reduce the membership of a community
corrections advisory board and the recommended membership for
a community corrections advisory board.
(k) (l) Any entity that receives funds:
(1) recommended by the advisory council; and
EH 1075—LS 6784/DI 148 32
(2) appropriated by the department of correction;
for the purpose of providing additional treatment or supervision
services shall provide the information described in subsection (l) (m)
to the department of correction to aid in the compilation of the report
described in subsection (j).
(l) (m) The department of correction shall provide the advisory
council with the following information:
(1) The total number of participants, categorized by level of most
serious offense, who were served by the entity through funds
described in subsection (k). (l).
(2) The percentage of participants, categorized by level of most
serious offense, who completed a treatment program, service, or
level of supervision.
(3) The percentage of participants, categorized by level of most
serious offense, who were discharged from a treatment program,
service, or level of supervision.
(4) The percentage of participants, categorized by level of most
serious offense, who:
(A) completed a funded treatment program, service, or level of
supervision; and
(B) were subsequently committed to the department of
correction;
within twenty-four (24) months after completing the funded
treatment program, service, or level of supervision.
(5) The percentage of participants, categorized by level of most
serious offense, who were:
(A) discharged from a funded treatment program, service, or
level of supervision; and
(B) subsequently committed to the department of correction;
within twenty-four (24) months after being discharged from the
funded treatment program, service, or level of supervision.
(6) The total number of participants who completed a funded
treatment program, service, or level of supervision.
(7) The total number of participants who:
(A) completed a funded treatment program, service, or level of
supervision; and
(B) were legally employed.
(8) Any other information relevant to the funding of the entity as
described in subsection (k). (l).".
Page 12, line 8, strike "IC".
Renumber all SECTIONS consecutively.
EH 1075—LS 6784/DI 148 33
and when so amended that said bill do pass.
(Reference is to HB 1075 as printed January 12, 2022.)
MISHLER, Chairperson
Committee Vote: Yeas 10, Nays 0.
EH 1075—LS 6784/DI 148