Indiana House Bill HB1075 Engrossed / Bill

                    *EH1075.2*
Reprinted
February 22, 2022
ENGROSSED
HOUSE BILL No. 1075
_____
DIGEST OF HB 1075 (Updated February 21, 2022 4:11 pm - DI 148)
Citations Affected:  IC 2-5; IC 4-3; IC 4-10; IC 4-23; IC 4-33; IC 5-2;
IC 5-20; IC 7.1-2; IC 8-10; IC 10-11; IC 12-23; IC 14-9; IC 16-35;
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 
(Continued next page)
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.
February 21, 2022, read second time, amended, ordered engrossed.
EH 1075—LS 6784/DI 148 Digest Continued
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definition from a statute being repealed.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 certain officers 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. Establishes the Indiana policy research center (center). Requires
the center to conduct and support certain research and analysis efforts.
Requires the center to issue reports on all assigned research and
analysis according to instruction by legislative council or the legislative
services agency. Requires that the center conduct all assigned research
and analysis in a nonpartisan manner. Requires the director for Indiana
University's Public Policy Institute to appoint the center's director.
Requires Indiana University's Public Policy Institute to provide staff
and administrative support for the center. Changes the name of the
Indiana commission to combat drug use to the Indiana commission to
combat substance use disorder.
EH 1075—LS 6784/DI 148EH 1075—LS 6784/DI 148 Reprinted
February 22, 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,
EH 1075—LS 6784/DI 148 2
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.
EH 1075—LS 6784/DI 148 3
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 4-3-25-1, AS ADDED BY P.L.7-2016, SECTION
25 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
26 2022]: Sec. 1. As used in this chapter, "commission" refers to the
27 Indiana commission to combat drug abuse substance use disorder
28 established by section 3 of this chapter.
29 SECTION 4. IC 4-3-25-3, AS ADDED BY P.L.7-2016, SECTION
30 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
31 2022]: Sec. 3. The Indiana commission to combat drug abuse
32 substance use disorder is established.
33 SECTION 5. IC 4-10-18-10, AS AMENDED BY P.L.119-2012,
34 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2022]: Sec. 10. (a) The state board of finance may lend money
36 from the fund to entities listed in subsections (e) through (k) for the
37 purposes specified in those subsections.
38 (b) An entity must apply for the loan before May 1, 1989, in a form
39 approved by the state board of finance. As part of the application, the
40 entity shall submit a plan for its use of the loan proceeds and for the
41 repayment of the loan. Within sixty (60) days after receipt of each
42 application, the board shall meet to consider the application and to
EH 1075—LS 6784/DI 148 5
1 review its accuracy and completeness and to determine the need for the
2 loan. The board shall authorize a loan to an entity that makes an
3 application if the board approves its accuracy and completeness and
4 determines that there is a need for the loan and an adequate method of
5 repayment.
6 (c) The state board of finance shall determine the terms of each
7 loan, which must include the following:
8 (1) The duration of the loan, which must not exceed twelve (12)
9 years.
10 (2) The repayment schedule of the loan, which must provide that
11 no payments are due during the first two (2) years of the loan.
12 (3) A variable rate of interest to be determined by the board and
13 adjusted annually. The interest rate must be the greater of:
14 (A) five percent (5%); or
15 (B) two-thirds (2/3) of the interest rate for fifty-two (52) week
16 United States Treasury bills on the anniversary date of the
17 loan, but not to exceed ten percent (10%).
18 (4) The amount of the loan or loans, which may not exceed the
19 maximum amounts established for the entity by this section.
20 (5) Any other conditions specified by the board.
21 (d) An entity may borrow money under this section by adoption of
22 an ordinance or a resolution and, as set forth in IC 5-1-14, may use any
23 source of revenue to repay a loan under this section. This section
24 constitutes complete authority for the entity to borrow from the fund.
25 If an entity described in subsection (i) fails to make any repayments of
26 a loan, the amount payable shall be withheld by the auditor of state
27 from any other money payable to the consolidated city. If any other
28 entity described in this section fails to make any repayments of a loan,
29 the amount payable shall be withheld by the auditor of state from any
30 other money payable to the entity. The amount withheld shall be
31 transferred to the fund to the credit of the entity.
32 (e) A loan under this section may be made to a city located in a
33 county having a population of more than twenty-five thousand (25,000)
34 but less than twenty-five thousand eight hundred (25,800) for the city's
35 waterworks facility. The amount of the loan may not exceed one
36 million six hundred thousand dollars ($1,600,000).
37 (f) A loan under this section may be made to a city the territory of
38 which is included in part within the Lake Michigan corridor (as defined
39 in IC 14-13-3-2, before its repeal) for a marina development project. As
40 a part of its application under subsection (b), the city must include the
41 following:
42 (1) Written approval by the Lake Michigan marina development
EH 1075—LS 6784/DI 148 6
1 commission of the project to be funded by the loan proceeds.
2 (2) A written determination by the commission of the amount
3 needed by the city, for the project and of the amount of the
4 maximum loan amount under this subsection that should be lent
5 to the city.
6 The maximum amount of loans available for all cities that are eligible
7 for a loan under this subsection is eight million six hundred thousand
8 dollars ($8,600,000).
9 (g) A loan under this section may be made to a county having a
10 population of more than one hundred seventy-five thousand (175,000)
11 but less than one hundred eighty-five thousand (185,000) for use by the
12 airport authority in the county for the construction of runways. The
13 amount of the loan may not exceed seven million dollars ($7,000,000).
14 The county may lend the proceeds of its loan to an airport authority for
15 the public purpose of fostering economic growth in the county.
16 (h) A loan under this section may be made to a city having a
17 population of more than sixty thousand (60,000) but less than sixty-five
18 thousand (65,000) for the construction of parking facilities. The
19 amount of the loan may not exceed three million dollars ($3,000,000).
20 (i) A loan or loans under this section may be made to a consolidated
21 city, a local public improvement bond bank, or any board, authority, or
22 commission of the consolidated city to fund economic development
23 projects under IC 36-7-15.2-5 or to refund obligations issued to fund
24 economic development projects. The amount of the loan may not
25 exceed thirty million dollars ($30,000,000).
26 (j) A loan under this section may be made to a county having a
27 population of more than thirteen thousand (13,000) but less than
28 fourteen thousand (14,000) for extension of airport runways. The
29 amount of the loan may not exceed three hundred thousand dollars
30 ($300,000).
31 (k) A loan under this section may be made to Covington Community
32 School Corporation to refund the amount due on a tax anticipation
33 warrant loan. The amount of the loan may not exceed two million seven
34 hundred thousand dollars ($2,700,000), to be paid back from any
35 source of money that is legally available to the school corporation.
36 Notwithstanding subsection (b), the school corporation must apply for
37 the loan before June 30, 2010. Notwithstanding subsection (c),
38 repayment of the loan shall be made in equal installments over five (5)
39 years with the first installment due not more than six (6) months after
40 the date loan proceeds are received by the school corporation.
41 (l) IC 6-1.1-20 does not apply to a loan made by an entity under this
42 section.
EH 1075—LS 6784/DI 148 7
1 (m) As used in this section, "entity" means a governmental entity
2 authorized to obtain a loan under subsections (e) through (k).
3 SECTION 6. IC 4-23-24.2 IS REPEALED [EFFECTIVE JULY 1,
4 2022]. (Indiana Advisory Commission on Intergovernmental
5 Relations).
6 SECTION 7. IC 4-23-24.3 IS ADDED TO THE INDIANA CODE
7 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
8 UPON PASSAGE]:
9 Chapter 24.3. Indiana Policy Research Center
10 Sec. 1. As used in this chapter, "center" refers to the Indiana
11 policy research center established by section 2 of this chapter.
12 Sec. 2. The Indiana policy research center is established.
13 Sec. 3. The center shall do the following:
14 (1) Conduct research and analysis on important state and
15 local matters as assigned by the legislative council.
16 (2) Support research and analysis efforts that are:
17 (A) conducted as part of interim study committees when
18 assigned to do so by the legislative council; or
19 (B) assigned to the legislative services agency when:
20 (i) requested by the legislative services agency; or
21 (ii) assigned to do so by the legislative council.
22 (3) Issue reports on all assigned research and analysis
23 according to instructions from the legislative council or the
24 legislative services agency.
25 (4) Conduct all assigned research and analysis in a
26 nonpartisan manner.
27 Sec. 4. (a) Indiana University's Public Policy Institute shall
28 provide staff and administrative support for the center.
29 (b) The director for Indiana University's Public Policy Institute
30 shall appoint the center's director.
31 SECTION 8. IC 4-33-20-8, AS ADDED BY P.L.227-2007,
32 SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2022]: Sec. 8. The commission shall create a matrix for salary
34 ranges for gaming control officers, which must be reviewed and
35 approved by the budget agency biennially in even-numbered years
36 before implementation.
37 SECTION 9. IC 5-2-1-20, AS ADDED BY P.L.102-2017,
38 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39 JULY 1, 2022]: Sec. 20. In conjunction with the Indiana commission
40 to combat drug abuse substance use disorder established by
41 IC 4-3-25-3 and the division of mental health and addiction, the board
42 may establish the Indiana technical assistance center for crisis
EH 1075—LS 6784/DI 148 8
1 intervention teams under IC 5-2-21.2.
2 SECTION 10. IC 5-2-11-1.6, AS AMENDED BY P.L.40-2020,
3 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2022]: Sec. 1.6. As used in this chapter, "local coordinating
5 council" means a countywide, collaborative citizen body that is open
6 to the public and approved by the Indiana commission to combat drug
7 abuse substance use disorder established by IC 4-3-25-3 to plan,
8 implement, monitor, and evaluate local comprehensive community
9 plans.
10 SECTION 11. IC 5-2-21.2-5, AS AMENDED BY P.L.102-2017,
11 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2022]: Sec. 5. As used in this chapter, "technical assistance
13 center" means a center established by the board in conjunction with the
14 Indiana commission to combat drug abuse substance use disorder
15 established by IC 4-3-25-3 and the division of mental health and
16 addiction under IC 5-2-1-20 to support the development and
17 sustainability of local crisis intervention teams.
18 SECTION 12. IC 5-20-9-6, AS ADDED BY P.L.103-2017,
19 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2022]: Sec. 6. (a) The Indiana housing first program is
21 established to provide housing and support services for eligible
22 persons. The program shall be administered by the authority. The
23 Indiana commission to combat drug abuse substance use disorder
24 established under IC 4-3-25-3 may award grants to the authority for the
25 purposes of the program. Not later than January 1, 2018, the authority
26 shall establish policies and procedures to implement and administer the
27 program. The policies and procedures established by the authority
28 under this section must ensure that the program does the following:
29 (1) Provides eligible program participants with affordable and
30 safe housing through program rental assistance to be used in
31 dedicated supportive housing units and in existing market units in
32 the community.
33 (2) Includes a plan for the:
34 (A) initial leasing of; and
35 (B) management of rental assistance through the affordability
36 period for;
37 supportive housing developed under the program.
38 (3) Provides eligible program participants with support services,
39 including:
40 (A) employment assistance and job training;
41 (B) substance abuse and addiction treatment;
42 (C) educational assistance;
EH 1075—LS 6784/DI 148 9
1 (D) life skills assistance; and
2 (E) treatment for, and the management of, mental and physical
3 health problems;
4 that are predicated on assertive engagement rather than coercion.
5 Support services described in clause (B) must be predicated on a
6 harm reduction approach to addiction, rather than mandating
7 abstinence, while supporting a program participant's commitment
8 to recovery.
9 (4) Grants eligible persons who have a high degree of medical
10 vulnerability priority as participants in the program.
11 (5) Provides program participants with leases and tenant
12 protections as provided by law.
13 (6) Establishes annual goals to:
14 (A) reduce the number of individuals cycling through
15 chemical addiction programs;
16 (B) provide long term supports for individuals dually
17 diagnosed with:
18 (i) a serious and persistent mental illness; and
19 (ii) a chronic chemical addiction;
20 (C) increase the housing stability of persons with mental
21 illness or other behavioral health issues; and
22 (D) increase positive health indicators for all program
23 participants;
24 in Indiana as a whole and in particular regions, communities, and
25 metropolitan statistical areas within Indiana, through the program
26 and support services provided under the program. The goals
27 required by this subdivision must be based on data collected by
28 the authority and the authority's partners.
29 (7) Includes partnerships with public entities and private entities,
30 including any of the following, to provide support services and a
31 continuum of care for eligible program participants:
32 (A) Nonprofit or faith based organizations providing services
33 to individuals and families in the program's target population.
34 (B) Units of local government.
35 (C) School corporations and schools.
36 (D) Businesses.
37 (E) Public housing agencies.
38 (F) Social service providers.
39 (G) Mental health providers.
40 (H) Hospitals.
41 (I) Affordable housing developers and providers.
42 (J) Law enforcement agencies and correctional facilities.
EH 1075—LS 6784/DI 148 10
1 (K) Organizations serving homeless veterans.
2 (L) Organizations serving victims of domestic violence.
3 (M) Universities.
4 (N) Other public or private entities the authority considers
5 appropriate to partner with to accomplish the purposes of the
6 program.
7 (b) In establishing the policies and procedures required by this
8 section, the authority may collaborate with or seek guidance from:
9 (1) other appropriate state agencies, including the department of
10 correction, the state department of health, and the office of the
11 secretary of family and social services (and the appropriate
12 divisions within the office of the secretary of family and social
13 services);
14 (2) officials in other states or municipalities that have
15 implemented housing first programs or other similar programs;
16 and
17 (3) any of the entities listed in subsection (a)(7).
18 SECTION 13. IC 7.1-2-2-13, AS AMENDED BY P.L.234-2007,
19 SECTION 305, IS AMENDED TO READ AS FOLLOWS
20 [EFFECTIVE JULY 1, 2022]: Sec. 13. (a) The alcohol and tobacco
21 commission shall categorize salaries of enforcement officers within
22 each rank based upon the rank held and the number of years of service
23 in the commission through the twentieth year. The salary ranges that
24 the board assigns to each rank shall be divided into a base salary and
25 twenty (20) increments above the base salary with:
26 (1) the base salary in the rank paid to a person with less than one
27 (1) year of service in the commission; and
28 (2) the highest salary in the rank paid to a person with at least
29 twenty (20) years of service in the commission.
30 (b) The salary matrix prescribed by this section shall be reviewed
31 and approved by the budget agency biennially in even-numbered
32 years before implementation.
33 (c) The salary matrix prescribed by this section must have parity
34 with the salary matrix prescribed by the natural resources commission
35 under IC 14-9-8 for conservation officers of the department of natural
36 resources. The budget agency shall approve a salary matrix that meets
37 the parity requirement of this subsection.
38 SECTION 14. IC 8-10-9-3, AS AMENDED BY P.L.197-2011,
39 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2022]: Sec. 3. (a) There is established in each city to which
41 this chapter applies a waterway management district.
42 (b) The district includes all territory, including both dry land and
EH 1075—LS 6784/DI 148 11
1 water, within a distance of one-half (1/2) mile on either side of the
2 center line of any waterway within the city in which the district is
3 established, excluding the land and water occupied by any marina
4 owned by a unit of government located in the corridor (as defined in
5 IC 36-7-13.5-1). strip of land in Indiana abutting Lake Michigan
6 and the tributaries of Lake Michigan.
7 (c) The district boundary is formed by an imaginary line one-half
8 (1/2) mile distant from the center line of a waterway in all directions.
9 However, the boundary of the district does not extend beyond the
10 boundaries of the city in which the district is located in those areas
11 where the city boundary is located less than one-half (1/2) mile from
12 the center line of a waterway.
13 SECTION 15. IC 10-11-2-13, AS AMENDED BY P.L.234-2007,
14 SECTION 306, IS AMENDED TO READ AS FOLLOWS
15 [EFFECTIVE JULY 1, 2022]: Sec. 13. (a) The board shall categorize
16 salaries of police employees within each rank based upon the rank held
17 and the number of years of service in the department through the
18 twentieth year. The salary ranges the board assigns to each rank shall
19 be divided into a base salary and twenty (20) 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
24 twenty (20) years of service in the department.
25 (b) The salary matrix prescribed by this section shall be reviewed
26 and approved by the budget agency biennially in even-numbered
27 years before implementation.
28 SECTION 16. IC 10-11-2-27, AS AMENDED BY P.L.234-2007,
29 SECTION 304, IS AMENDED TO READ AS FOLLOWS
30 [EFFECTIVE JULY 1, 2022]: Sec. 27. (a) The board shall categorize
31 salaries of motor carrier inspectors within each rank based upon the
32 rank held and the number of years of service in the department through
33 the tenth year. The salary ranges the board assigns to each rank shall be
34 divided into a base salary and ten (10) increments above the base
35 salary, with:
36 (1) the base salary in the rank paid to a person with less than one
37 (1) year of service in the department; and
38 (2) the highest salary in the rank paid to a person with at least ten
39 (10) years of service in the department.
40 (b) For purposes of creating the salary matrix prescribed by this
41 section, the board may not approve salary ranges for any rank that are
42 less than the salary ranges effective for that rank on January 1, 1995.
EH 1075—LS 6784/DI 148 12
1 (c) The salary matrix prescribed by this section:
2 (1) shall be reviewed and approved by the budget agency
3 biennially in even-numbered years before implementation; and
4 (2) must include the job classifications of motor carrier district
5 coordinator, motor carrier zone coordinator, and motor carrier
6 administrator.
7 SECTION 17. IC 10-11-2-28.5, AS ADDED BY P.L.83-2006,
8 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2022]: Sec. 28.5. (a) After June 30, 2007, the board shall use
10 a salary matrix that categorizes salaries of capitol police officers
11 described in section 28 of this chapter within each rank based upon the
12 rank held and the number of years of service in the department through
13 the tenth year. The salary ranges the board assigns to each rank shall be
14 divided into a base salary and ten (10) increments above the base
15 salary, with:
16 (1) the base salary in the rank paid to a capitol police officer with
17 less than one (1) year of service in the department; and
18 (2) the highest salary in the rank paid to a capitol police officer
19 with at least ten (10) years of service in the department.
20 (b) For purposes of creating the salary matrix prescribed by this
21 section, the board may not approve salary ranges for any rank of capitol
22 police officers that are less than the salary ranges effective for that rank
23 on January 1, 2006.
24 (c) The salary matrix prescribed by this section shall be reviewed
25 and approved by the budget agency biennially in even-numbered
26 years before implementation.
27 (d) The salary matrix developed under subsection (a) must use the
28 same percentage differentials between increments that are used for the
29 salary matrix for police employees under IC 10-11-2-13.
30 SECTION 18. IC 12-23-19-2, AS AMENDED BY P.L.57-2021,
31 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2022]: Sec. 2. (a) An individual is eligible for mental health
33 and addiction forensic treatment services if:
34 (1) subject to subsection (d), the individual:
35 (A) is a member of a household with an annual income that
36 does not exceed two hundred percent (200%) of the federal
37 income poverty level;
38 (B) is a resident of Indiana;
39 (C) is:
40 (i) at least eighteen (18) years of age; or
41 (ii) subject to the approval of the Indiana commission to
42 combat drug abuse, substance use disorder, less than
EH 1075—LS 6784/DI 148 13
1 eighteen (18) years of age and the individual is a defendant
2 whose case is either waived from juvenile court to adult
3 court or directly filed in adult court; and
4 (D) has entered the criminal justice system as a felon or with
5 a prior felony conviction or is ordered to be committed for
6 competency restoration services as described in
7 IC 35-36-3-1(b); and
8 (2) subject to subsection (b), reimbursement for the service is not
9 available to the individual through any of the following:
10 (A) A policy of accident and sickness insurance (IC 27-8-5).
11 (B) A health maintenance organization contract (IC 27-13).
12 (C) The Medicaid program (IC 12-15), excluding the Medicaid
13 rehabilitation program and the Behavioral and Primary Health
14 Coordination Program under Section 1915(i) of the Social
15 Security Act.
16 (D) The federal Medicare program or any other federal
17 assistance program.
18 (b) If an individual is not entitled to reimbursement from the sources
19 described in subsection (a)(2) of the full amount of the cost of the
20 mental health and addiction forensic treatment services, grants and
21 vouchers under this chapter may be used to provide those services to
22 the extent that the costs of those services exceed the reimbursement the
23 individual is entitled to receive from the sources described in
24 subsection (a)(2), excluding any copayment or deductible that the
25 individual is required to pay.
26 (c) The division shall determine the extent to which an individual
27 who is provided mental health and addiction forensic treatment
28 services under this chapter is entitled to receive reimbursement from
29 the sources described in subsection (a)(2).
30 (d) Notwithstanding subsection (a)(1)(D), subject to available
31 funding and on the recommendation of the justice reinvestment
32 advisory council (established by IC 33-38-9.5-2), the division may
33 operate a pilot program applying the eligibility criteria in this section
34 to individuals who are charged with a misdemeanor. If the division
35 operates a pilot program under this subsection, the division shall issue
36 annual reports to the justice reinvestment advisory council.
37 SECTION 19. IC 12-23-21-2, AS ADDED BY P.L.168-2017,
38 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39 JULY 1, 2022]: Sec. 2. (a) Subject to the approval of the Indiana
40 commission to combat drug abuse, substance use disorder, the
41 physician medication assisted treatment training reimbursement pilot
42 program is established to provide reimbursement to physicians who
EH 1075—LS 6784/DI 148 14
1 meet the requirements of section 3 of this chapter, for the purpose of
2 increasing the number of qualified physicians in Indiana with training
3 in medication assisted treatment.
4 (b) The division shall administer the program.
5 SECTION 20. IC 12-23-21.2-2, AS AMENDED BY P.L.222-2019,
6 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2022]: Sec. 2. (a) Subject to the approval of the Indiana
8 commission to combat drug abuse, substance use disorder, the
9 division of mental health and addiction shall establish an opioid
10 treatment pilot program for opioid use disorder.
11 (b) The program shall be designed to assist participants in
12 overcoming opioid use disorder by providing inpatient, residential, and
13 outpatient opioid treatment services.
14 (c) An individual is eligible to participate in the program if the
15 individual is:
16 (1) at least eighteen (18) years of age;
17 (2) not being charged with a felony or misdemeanor; and
18 (3) incapacitated by opioid use disorder as demonstrated by the
19 fact that the individual is at serious risk of injury or death due to
20 abuse of opioids.
21 (d) The division shall establish the program in the following
22 counties:
23 (1) Tippecanoe County.
24 (2) Marion County.
25 (3) Wayne County.
26 (e) A county may use:
27 (1) outpatient commitment proceedings under IC 12-26-14; and
28 (2) commitment proceedings under IC 12-26;
29 in appropriate cases if a person meets the requirements of the statute.
30 SECTION 21. IC 12-23-23-0.5, AS ADDED BY P.L.195-2018,
31 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2022]: Sec. 0.5. This chapter is subject to the approval of the
33 Indiana commission to combat drug abuse. substance use disorder.
34 SECTION 22. IC 14-9-8-28, AS AMENDED BY P.L.234-2007,
35 SECTION 307, IS AMENDED TO READ AS FOLLOWS
36 [EFFECTIVE JULY 1, 2022]: Sec. 28. (a) The natural resources
37 commission shall categorize salaries of enforcement officers within
38 each rank based upon the rank held and the number of years of service
39 in the department through the twentieth year. The salary ranges that the
40 commission assigns to each rank shall be divided into a base salary and
41 twenty (20) increments above the base salary with:
42 (1) the base salary in the rank paid to a person with less than one
EH 1075—LS 6784/DI 148 15
1 (1) year of service in the department; and
2 (2) the highest salary in the rank paid to a person with at least
3 twenty (20) years of service in the department.
4 (b) The salary matrix prescribed by this section shall be reviewed
5 and approved by the state budget agency biennially in even-numbered
6 years before implementation.
7 (c) The salaries for law enforcement officers of the law enforcement
8 division of the department must be equal to the salaries of police
9 employees of the state police department under IC 10-11-2-13, based
10 upon years of service in the department and rank held.
11 (d) The requirement of subsection (c) does not affect:
12 (1) any rights or liabilities accrued; or
13 (2) any proceedings begun;
14 on or before June 30, 1999. Those rights, liabilities, and proceedings
15 continue and shall be imposed and enforced under prior civil law and
16 procedure as if the requirement of subsection (c) had not been enacted.
17 SECTION 23. IC 16-35-10-2, AS ADDED BY P.L.174-2017,
18 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2022]: Sec. 2. Subject to the approval of the Indiana
20 commission to combat drug abuse, substance use disorder, the opioid
21 addiction recovery pilot program for pregnant women and women with
22 newborns is established to assist pregnant women and women with
23 newborns by providing substance abuse and addiction treatment in a
24 residential care facility and providing home visitation services.
25 SECTION 24. IC 33-38-9.5-2, AS AMENDED BY P.L.207-2021,
26 SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 JULY 1, 2022]: Sec. 2. (a) The justice reinvestment advisory council
28 is established. The advisory council consists of the following members:
29 (1) The executive director of the Indiana public defender council
30 or the executive director's designee.
31 (2) The executive director of the Indiana prosecuting attorneys
32 council or the executive director's designee.
33 (3) The director of the division of mental health and addiction or
34 the director's designee.
35 (4) The president of the Indiana Sheriffs' Association or the
36 president's designee.
37 (5) The commissioner of the Indiana department of correction or
38 the commissioner's designee.
39 (6) The chief administrative officer of the office of judicial
40 administration or the chief administrative officer's designee.
41 (7) The executive director of the Indiana criminal justice institute
42 or the executive director's designee.
EH 1075—LS 6784/DI 148 16
1 (8) The president of the Indiana Association of Community
2 Corrections Act Counties or the president's designee.
3 (9) The president of the Probation Officers Professional
4 Association of Indiana or the president's designee.
5 (10) The budget director or the budget director's designee.
6 (11) The executive director of the Association of Indiana Counties
7 or the executive director's designee.
8 (12) The president of the Indiana Judges Association or the
9 president's designee.
10 (13) The chair of the Indiana public defender commission or the
11 chair's designee.
12 (14) The chair of the senate corrections and criminal law
13 committee or the chair's designee.
14 (15) The ranking minority member of the senate corrections and
15 criminal law committee or the ranking minority member's
16 designee.
17 (16) The chair of the house courts and criminal code committee
18 or the chair's designee.
19 (17) The ranking minority member of the house courts and
20 criminal code committee or the ranking minority member's
21 designee.
22 (18) The governor or the governor's designee.
23 (19) The president and chief executive officer of the Indiana
24 Council of Community Mental Health Centers or the president
25 and chief executive officer's designee.
26 (20) The president and chief executive officer of Mental Health
27 America of Indiana or the president and chief executive officer's
28 designee.
29 (b) The chief justice or the chief justice's designee shall serve as
30 chairperson of the advisory council.
31 (c) The duties of the advisory council include:
32 (1) reviewing and evaluating state and local criminal justice
33 systems and corrections programs, including pretrial services,
34 behavioral health treatment and recovery services, community
35 corrections, county jails, parole, and probation services;
36 (2) reviewing the processes used by the department of correction
37 and the division of mental health and addiction in awarding
38 grants;
39 (3) reviewing and evaluating jail overcrowding to identify a range
40 of possible solutions;
41 (4) coordinating with other criminal justice funding sources;
42 (5) establishing committees to inform the work of the advisory
EH 1075—LS 6784/DI 148 17
1 council; and
2 (6) performing other relevant duties as determined by the advisory
3 council.
4 (d) The advisory council may make recommendations to:
5 (1) the department of correction, community corrections advisory
6 boards, and the division of mental health and addiction
7 concerning the award of grants;
8 (2) criminal justice systems and corrections programs concerning
9 best practices to improve outcomes of persons under supervision;
10 (3) the Indiana general assembly concerning legislation and
11 funding for criminal justice initiatives;
12 (4) the Indiana criminal justice institute concerning criminal
13 justice funding priorities;
14 (5) the office of judicial administration concerning veterans
15 problem-solving court grants; and
16 (6) the county sheriffs concerning strategies to address jail
17 overcrowding and implementing evidence based practices for
18 reducing recidivism for individuals in county jails.
19 (e) The office of judicial administration shall staff the advisory
20 council.
21 (f) The expenses of the advisory council shall be paid by the office
22 of judicial administration from funds appropriated to the office of
23 judicial administration for the administrative costs of the justice
24 reinvestment advisory council.
25 (g) A member of the advisory council is not entitled to the minimum
26 salary per diem provided by IC 4-10-11-2.1(b). The member is,
27 however, entitled to reimbursement for traveling expenses as provided
28 under IC 4-13-1-4 and other expenses actually incurred in connection
29 with the member's duties as provided in the state policies and
30 procedures established by the Indiana department of administration and
31 approved by the budget agency.
32 (h) The affirmative votes of a majority of the voting members
33 appointed to the advisory council are required for the advisory council
34 to take action on any measure.
35 (i) The advisory council shall meet as necessary to:
36 (1) work with the department of correction and the division of
37 mental health and addiction to establish the grant criteria and
38 grant reporting requirements described in subsection (l);
39 (2) review grant applications;
40 (3) make recommendations and provide feedback to the
41 department of correction and the division of mental health and
42 addiction concerning grants to be awarded;
EH 1075—LS 6784/DI 148 18
1 (4) review grants awarded by the department of correction and the
2 division of mental health and addiction; and
3 (5) suggest areas and programs in which the award of future
4 grants might be beneficial.
5 (j) The advisory council, in conjunction with the Indiana criminal
6 justice institute, shall jointly issue an annual report under IC 5-2-6-24.
7 (k) The advisory council shall review the composition of the
8 community corrections advisory board described in IC 11-12-2-2
9 and make a recommendation to the legislative council in an
10 electronic format under IC 5-14-6 before November 1, 2022,
11 regarding how to reduce the membership of a community
12 corrections advisory board and the recommended membership for
13 a community corrections advisory board.
14 (k) (l) Any entity that receives funds:
15 (1) recommended by the advisory council; and
16 (2) appropriated by the department of correction;
17 for the purpose of providing additional treatment or supervision
18 services shall provide the information described in subsection (l) (m)
19 to the department of correction to aid in the compilation of the report
20 described in subsection (j).
21 (l) (m) The department of correction shall provide the advisory
22 council with the following information:
23 (1) The total number of participants, categorized by level of most
24 serious offense, who were served by the entity through funds
25 described in subsection (k). (l).
26 (2) The percentage of participants, categorized by level of most
27 serious offense, who completed a treatment program, service, or
28 level of supervision.
29 (3) The percentage of participants, categorized by level of most
30 serious offense, who were discharged from a treatment program,
31 service, or level of supervision.
32 (4) The percentage of participants, categorized by level of most
33 serious offense, who:
34 (A) completed a funded treatment program, service, or level of
35 supervision; and
36 (B) were subsequently committed to the department of
37 correction;
38 within twenty-four (24) months after completing the funded
39 treatment program, service, or level of supervision.
40 (5) The percentage of participants, categorized by level of most
41 serious offense, who were:
42 (A) discharged from a funded treatment program, service, or
EH 1075—LS 6784/DI 148 19
1 level of supervision; and
2 (B) subsequently committed to the department of correction;
3 within twenty-four (24) months after being discharged from the
4 funded treatment program, service, or level of supervision.
5 (6) The total number of participants who completed a funded
6 treatment program, service, or level of supervision.
7 (7) The total number of participants who:
8 (A) completed a funded treatment program, service, or level of
9 supervision; and
10 (B) were legally employed.
11 (8) Any other information relevant to the funding of the entity as
12 described in subsection (k). (l).
13 SECTION 25. IC 36-1-12-3, AS AMENDED BY P.L.43-2019,
14 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2022]: Sec. 3. (a) The board may purchase or lease materials
16 in the manner provided in IC 5-22 and perform any public work, by
17 means of its own workforce, without awarding a contract whenever the
18 cost of that public work project is estimated to be less than two hundred
19 fifty thousand dollars ($250,000). Before a board may perform any
20 work under this section by means of its own workforce, the political
21 subdivision or agency must have a group of employees on its staff who
22 are capable of performing the construction, maintenance, and repair
23 applicable to that work. For purposes of this subsection, the cost of a
24 public work project includes:
25 (1) the actual cost of materials, labor, equipment, and rental;
26 (2) a reasonable rate for use of trucks and heavy equipment
27 owned; and
28 (3) all other expenses incidental to the performance of the project.
29 (b) This subsection applies only to a municipality or a county. The
30 workforce of a municipality or county may perform a public work
31 described in subsection (a) only if:
32 (1) the workforce, through demonstrated skills, training, or
33 expertise, is capable of performing the public work; and
34 (2) for a public work project under subsection (a) whose cost is
35 estimated to be more than one hundred thousand dollars
36 ($100,000), the board:
37 (A) publishes a notice under IC 5-3-1 that:
38 (i) describes the public work that the board intends to
39 perform with its own workforce; and
40 (ii) sets forth the projected cost of each component of the
41 public work as described in subsection (a); and
42 (B) determines at a public meeting that it is in the public
EH 1075—LS 6784/DI 148 20
1 interest to perform the public work with the board's own
2 workforce.
3 A public work project performed by a board's own workforce must be
4 inspected and accepted as complete in the same manner as a public
5 work project performed under a contract awarded after receiving bids.
6 (c) When the project involves the rental of equipment with an
7 operator furnished by the owner, or the installation or application of
8 materials by the supplier of the materials, the project is considered to
9 be a public work project and subject to this chapter. However, an
10 annual contract may be awarded for equipment rental and materials to
11 be installed or applied during a calendar or fiscal year if the proposed
12 project or projects are described in the bid specifications.
13 (d) A board of aviation commissioners or an airport authority board
14 may purchase or lease materials in the manner provided in IC 5-22 and
15 perform any public work by means of its own workforce and owned or
16 leased equipment, in the construction, maintenance, and repair of any
17 airport roadway, runway, taxiway, or aircraft parking apron whenever
18 the cost of that public work project is estimated to be less than one
19 hundred fifty thousand dollars ($150,000).
20 (e) Municipal and county hospitals must comply with this chapter
21 for all contracts for public work that are financed in whole or in part
22 with cumulative building fund revenue, as provided in section 1(c) of
23 this chapter. However, if the cost of the public work is estimated to be
24 less than fifty thousand dollars ($50,000), as reflected in the board
25 minutes, the hospital board may have the public work done without
26 receiving bids, by purchasing the materials and performing the work by
27 means of its own workforce and owned or leased equipment.
28 (f) If a public works project involves a structure, an improvement,
29 or a facility under the control of a department (as defined in
30 IC 4-3-19-2(2)), public highway department that is under the
31 political control of a unit (as defined in IC 36-1-2-23) and involved
32 in the construction, maintenance, or repair of a public highway (as
33 defined in IC 9-25-2-4), the department may not artificially divide the
34 project to bring any part of the project under this section.
35 SECTION 26. IC 36-7-11.5-1, AS AMENDED BY P.L.234-2007,
36 SECTION 282, IS AMENDED TO READ AS FOLLOWS
37 [EFFECTIVE JULY 1, 2022]: Sec. 1. (a) As used in this chapter,
38 "advisory board" refers to the Orange County development advisory
39 board established by section 12 of this chapter.
40 (b) (a) As used in this chapter, "development commission" refers to
41 the Orange County development commission established by section 3.5
42 of this chapter.
EH 1075—LS 6784/DI 148 21
1 (c) (b) As used in this chapter, "historic hotel" has the meaning set
2 forth in IC 4-33-2-11.1.
3 (d) (c) As used in this chapter, "hotel riverboat resort" refers to the
4 historic hotels, the riverboat operated under IC 4-33-6.5, and other
5 properties operated in conjunction with the riverboat enterprise located
6 in Orange County.
7 (e) (d) As used in this chapter, "qualified historic hotel" refers to a
8 historic hotel that has an atrium that includes a dome that is at least two
9 hundred (200) feet in diameter.
10 SECTION 27. IC 36-7-11.5-12 IS REPEALED [EFFECTIVE JULY
11 1, 2022]. Sec. 12. (a) The Orange County development advisory board
12 is established for the purpose of advising the development commission
13 established under section 3.5 of this chapter.
14 (b) The advisory board consists of five (5) members appointed as
15 follows:
16 (1) One (1) individual appointed by the speaker of the house of
17 representatives.
18 (2) One (1) individual appointed by the president pro tempore of
19 the senate.
20 (3) One (1) individual appointed by the Orange County
21 convention and visitors bureau.
22 (4) Two (2) individuals appointed by the chief operating officer
23 of the hotel riverboat resort.
24 (c) Except as provided in subsection (d), the members of the
25 advisory board shall each serve for a term of four (4) years. A vacancy
26 shall be filled for the duration of the term by the original appointing
27 authority.
28 (d) The member appointed under subsection (b)(3) shall serve an
29 initial term of one (1) year. As determined by the appointing authority,
30 the two (2) members appointed under subsection (b)(4) shall serve
31 initial terms of two (2) and three (3) years respectively.
32 (e) A member of the advisory board is not entitled to a salary per
33 diem. However, a member is entitled to reimbursement for travel
34 expenses incurred in connection with the member's duties, as provided
35 in the state travel policies and procedures established by the
36 department of administration and approved by the budget agency.
37 SECTION 28. IC 36-7-13.5 IS REPEALED [EFFECTIVE JULY 1,
38 2022]. (Shoreline Development).
39 SECTION 29. IC 36-7.5-1-12, AS AMENDED BY P.L.197-2011,
40 SECTION 146, IS AMENDED TO READ AS FOLLOWS
41 [EFFECTIVE JULY 1, 2022]: Sec. 12. "Eligible political subdivision"
42 means the following:
EH 1075—LS 6784/DI 148 22
1 (1) An airport authority.
2 (2) A commuter transportation district.
3 (3) A regional bus authority under IC 36-9-3-2(c).
4 (4) A regional transportation authority established under
5 IC 36-9-3-2.
6 (5) The Lake Michigan marina and shoreline development
7 commission under IC 36-7-13.5.
8 SECTION 30. IC 36-7.5-1-12.4 IS REPEALED [EFFECTIVE JULY
9 1, 2022]. Sec. 12.4. "Lake Michigan marina and shoreline development
10 commission" means the commission established by IC 36-7-13.5-2.
11 SECTION 31. IC 36-7.5-1-12.5 IS REPEALED [EFFECTIVE JULY
12 1, 2022]. Sec. 12.5. "Lake Michigan marina and shoreline development
13 commission project" means a project that can be financed with the
14 proceeds of bonds issued by the Lake Michigan marina and shoreline
15 development commission.
16 SECTION 32. IC 36-7.5-1-13, AS AMENDED BY P.L.197-2011,
17 SECTION 149, IS AMENDED TO READ AS FOLLOWS
18 [EFFECTIVE JULY 1, 2022]: Sec. 13. "Project" means an airport
19 authority project, a commuter transportation district project, an
20 economic development project, a regional bus authority project, or a
21 regional transportation authority project. or a Lake Michigan marina
22 and shoreline development commission project.
23 SECTION 33. IC 36-7.5-2-1, AS AMENDED BY P.L.229-2017,
24 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2022]: Sec. 1. The northwest Indiana regional development
26 authority is established as a separate body corporate and politic to carry
27 out the purposes of this article by:
28 (1) acquiring, constructing, equipping, owning, leasing, and
29 financing projects and facilities for lease to or for the benefit of
30 eligible political subdivisions under this article in accordance
31 with IC 36-7.5-3-1.5;
32 (2) funding and developing the Gary/Chicago International
33 Airport expansion and other airport authority projects, commuter
34 transportation district and other rail projects and services,
35 regional bus authority projects and services, regional
36 transportation authority projects and services, Lake Michigan
37 marina and shoreline development projects and activities, and
38 economic development projects in northwestern Indiana;
39 (3) assisting with the funding of infrastructure needed to sustain
40 development of an intermodal facility in northwestern Indiana;
41 (4) funding and developing regional transportation infrastructure
42 projects under IC 36-9-43; and
EH 1075—LS 6784/DI 148 23
1 (5) studying and evaluating destination based economic
2 development projects that have:
3 (A) an identified market;
4 (B) identified funding sources and these funding sources
5 include at least fifty percent (50%) from nongovernmental
6 sources; and
7 (C) a demonstrable short and long term local and regional
8 economic impact, as verified by an independent economic
9 analysis.
10 An economic analysis conducted under clause (C) must be
11 submitted to the budget committee at least thirty (30) days before
12 review is sought for the project under IC 36-7.5-3-1.5.
13 SECTION 34. IC 36-7.5-3-1, AS AMENDED BY P.L.189-2018,
14 SECTION 168, IS AMENDED TO READ AS FOLLOWS
15 [EFFECTIVE JULY 1, 2022]: Sec. 1. The development authority shall
16 do the following:
17 (1) Subject to sections 1.5 and 1.7 of this chapter, assist in the
18 coordination of local efforts concerning projects.
19 (2) Assist a commuter transportation district, an airport authority,
20 the Lake Michigan marina and shoreline development
21 commission, a regional transportation authority, and a regional
22 bus authority in coordinating regional transportation and
23 economic development efforts.
24 (3) Subject to sections 1.5 and 1.7 of this chapter, fund projects
25 as provided in this article.
26 (4) Fund bus services (including fixed route services and flexible
27 or demand-responsive services) and projects related to bus
28 services and bus terminals, stations, or facilities.
29 SECTION 35. IC 36-7.5-3-2, AS AMENDED BY P.L.229-2017,
30 SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 JULY 1, 2022]: Sec. 2. (a) The development authority may do any of
32 the following:
33 (1) Finance, improve, construct, reconstruct, renovate, purchase,
34 lease, acquire, and equip land and projects located in an eligible
35 county or eligible municipality.
36 (2) Lease land or a project to an eligible political subdivision.
37 (3) Finance and construct additional improvements to projects or
38 other capital improvements owned by the development authority
39 and lease them to or for the benefit of an eligible political
40 subdivision.
41 (4) Acquire land or all or a portion of one (1) or more projects
42 from an eligible political subdivision by purchase or lease and
EH 1075—LS 6784/DI 148 24
1 lease the land or projects back to the eligible political subdivision,
2 with any additional improvements that may be made to the land
3 or projects.
4 (5) Acquire all or a portion of one (1) or more projects from an
5 eligible political subdivision by purchase or lease to fund or
6 refund indebtedness incurred on account of the projects to enable
7 the eligible political subdivision to make a savings in debt service
8 obligations or lease rental obligations or to obtain relief from
9 covenants that the eligible political subdivision considers to be
10 unduly burdensome.
11 (6) Make loans, loan guarantees, and grants or provide other
12 financial assistance to or on behalf of the following:
13 (A) A commuter transportation district.
14 (B) An airport authority or airport development authority.
15 (C) The Lake Michigan marina and shoreline development
16 commission.
17 (D) (C) A regional bus authority. A loan, loan guarantee,
18 grant, or other financial assistance under this clause may be
19 used by a regional bus authority for acquiring, improving,
20 operating, maintaining, financing, and supporting the
21 following:
22 (i) Bus services (including fixed route services and flexible
23 or demand-responsive services) that are a component of a
24 public transportation system.
25 (ii) Bus terminals, stations, or facilities or other regional bus
26 authority projects.
27 (E) (D) A regional transportation authority.
28 (F) (E) A member municipality that is eligible to make an
29 appointment to the development board under
30 IC 36-7.5-2-3(b)(2) and that has pledged admissions tax
31 revenue for a bond anticipation note after March 31, 2014, and
32 before June 30, 2015. However, a loan made to such a member
33 municipality before June 30, 2016, under this clause must
34 have a term of not more than ten (10) years, must require
35 annual level debt service payments, and must have a market
36 based interest rate. If a member municipality defaults on the
37 repayment of a loan made under this clause, the development
38 authority shall notify the treasurer of state of the default and
39 the treasurer of state shall:
40 (i) withhold from any funds held for distribution to the
41 municipality under IC 4-33-12, or IC 4-33-13 an amount
42 sufficient to cure the default; and
EH 1075—LS 6784/DI 148 25
1 (ii) pay that amount to the development authority.
2 (7) Provide funding to assist a railroad that is providing commuter
3 transportation services in an eligible county or eligible
4 municipality.
5 (8) Provide funding to assist an airport authority located in an
6 eligible county or eligible municipality in the construction,
7 reconstruction, renovation, purchase, lease, acquisition, and
8 equipping of an airport facility or airport project.
9 (9) Provide funding to assist in the development of an intermodal
10 facility to facilitate the interchange and movement of freight.
11 (10) Provide funding to assist the Lake Michigan marina and
12 shoreline development commission in carrying out the purposes
13 of IC 36-7-13.5.
14 (11) (10) Provide funding for economic development projects in
15 an eligible county or eligible municipality.
16 (12) (11) Hold, use, lease, rent, purchase, acquire, and dispose of
17 by purchase, exchange, gift, bequest, grant, condemnation, lease,
18 or sublease, on the terms and conditions determined by the
19 development authority, any real or personal property located in an
20 eligible county or eligible municipality.
21 (13) (12) After giving notice, enter upon any lots or lands for the
22 purpose of surveying or examining them to determine the location
23 of a project.
24 (14) (13) Make or enter into all contracts and agreements
25 necessary or incidental to the performance of its duties and the
26 execution of its powers under this article.
27 (15) (14) Sue, be sued, plead, and be impleaded.
28 (16) (15) Design, order, contract for, and construct, reconstruct,
29 and renovate a project or improvements to a project.
30 (17) (16) Appoint an executive director and employ appraisers,
31 real estate experts, engineers, architects, surveyors, attorneys,
32 accountants, auditors, clerks, construction managers, and any
33 consultants or employees that are necessary or desired by the
34 development authority in exercising its powers or carrying out its
35 duties under this article.
36 (18) (17) Accept loans, grants, and other forms of financial
37 assistance from the federal government, the state government, a
38 political subdivision, or any other public or private source.
39 (19) (18) Use the development authority's funds to match federal
40 grants or make loans, loan guarantees, or grants to carry out the
41 development authority's powers and duties under this article.
42 (20) (19) Provide funding for regional transportation
EH 1075—LS 6784/DI 148 26
1 infrastructure projects under IC 36-9-43.
2 (21) (20) Except as prohibited by law, take any action necessary
3 to carry out this article.
4 (b) If the development authority is unable to agree with the owners,
5 lessees, or occupants of any real property selected for the purposes of
6 this article, the development authority may proceed under IC 32-24-1
7 to procure the condemnation of the property. The development
8 authority may not institute a proceeding until it has adopted a
9 resolution that:
10 (1) describes the real property sought to be acquired and the
11 purpose for which the real property is to be used;
12 (2) declares that the public interest and necessity require the
13 acquisition by the development authority of the property involved;
14 and
15 (3) sets out any other facts that the development authority
16 considers necessary or pertinent.
17 The resolution is conclusive evidence of the public necessity of the
18 proposed acquisition.
19 SECTION 36. IC 36-7.5-4-6, AS ADDED BY P.L.214-2005,
20 SECTION 73, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 JULY 1, 2022]: Sec. 6. (a) Bonds issued under IC 8-5-15, IC 8-22-3,
22 IC 36-7-13.5, or IC 36-9-3 or prior law may be refunded as provided in
23 this section.
24 (b) An eligible political subdivision may:
25 (1) lease all or a portion of land or a project or projects to the
26 development authority, which may be at a nominal lease rental
27 with a lease back to the eligible political subdivision, conditioned
28 upon the development authority assuming bonds issued under
29 IC 8-5-15, IC 8-22-3, IC 36-7-13.5, or IC 36-9-3 or prior law and
30 issuing its bonds to refund those bonds; and
31 (2) sell all or a portion of land or a project or projects to the
32 development authority for a price sufficient to provide for the
33 refunding of those bonds and lease back the land or project or
34 projects from the development authority.
35 SECTION 37. IC 36-8-16.7-48, AS AMENDED BY P.L.121-2016,
36 SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37 JULY 1, 2022]: Sec. 48. (a) The budget committee shall review the
38 statewide 911 system governed by this chapter for the two (2) calendar
39 years ending:
40 (1) December 31, 2013; and
41 (2) December 31, 2014.
42 (b) In conducting the review required by this section, the budget
EH 1075—LS 6784/DI 148 27
1 committee may examine the following:
2 (1) Whether the fund is being administered by the board in
3 accordance with this chapter.
4 (2) The collection, disbursement, and use of the statewide 911 fee
5 assessed under section 32 of this chapter. In performing a review
6 under this subdivision, the budget committee may examine
7 whether the statewide 911 fee:
8 (A) is being assessed in an amount that is reasonably
9 necessary to provide adequate and efficient 911 service; and
10 (B) is being used only for the purposes set forth in this chapter.
11 (3) The report submitted to the budget committee by the Indiana
12 advisory commission on intergovernmental relations under
13 IC 4-23-24.2-5(b) (before its expiration on July 1, 2016).
14 (4) (3) Any other data, reports, or information the budget
15 committee determines is necessary to review the statewide 911
16 system governed by this chapter.
17 (c) Subject to section 42 of this chapter, the board, the state board
18 of accounts, political subdivisions, providers, and PSAPs shall provide
19 to the budget committee all relevant data, reports, and information
20 requested by the budget committee to assist the budget committee in
21 carrying out its duties under this section.
22 (d) After conducting the review required by this section, the budget
23 committee shall, not later than June 1, 2015, report its findings to the
24 legislative council. The budget committee's findings under this
25 subsection:
26 (1) must include a recommendation as to whether the statewide
27 911 fee assessed under section 32 of this chapter should continue
28 to be assessed and collected under this chapter after June 30,
29 2015; and
30 (2) if the budget committee recommends under subdivision (1)
31 that the statewide 911 fee assessed under section 32 of this
32 chapter should continue to be assessed and collected under this
33 chapter after June 30, 2015, may include recommendations for the
34 introduction in the general assembly of any legislation that the
35 budget committee determines is necessary to ensure that the
36 statewide 911 system governed by this chapter is managed in a
37 fair and fiscally prudent manner.
38 A report to the legislative council under this subsection must be in an
39 electronic format under IC 5-14-6.
40 (e) If the budget committee does not recommend in its report under
41 subsection (d) that the statewide 911 fee assessed under section 32 of
42 this chapter should continue to be assessed and collected under this
EH 1075—LS 6784/DI 148 28
1 chapter after June 30, 2015, the statewide 911 fee assessed under
2 section 32 of this chapter expires July 1, 2015, and may not be assessed
3 or collected after June 30, 2015.
4 SECTION 38. An emergency is declared for this act.
EH 1075—LS 6784/DI 148 29
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 30
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 31
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 32
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 33
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 34
(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 35
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 36
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 37
(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 38
(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 39
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.
_____
SENATE MOTION
Madam President: I move that Engrossed House Bill 1075 be
amended to read as follows:
Page 6, between lines 38 and 39, begin a new paragraph and insert:
"SECTION 5. IC 4-23-24.3 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Chapter 24.3. Indiana Policy Research Center
Sec. 1. As used in this chapter, "center" refers to the Indiana
policy research center established by section 2 of this chapter.
Sec. 2. The Indiana policy research center is established.
Sec. 3. The center shall do the following:
(1) Conduct research and analysis on important state and
local matters as assigned by the legislative council.
(2) Support research and analysis efforts that are:
(A) conducted as part of interim study committees when
assigned to do so by the legislative council; or
(B) assigned to the legislative services agency when:
(i) requested by the legislative services agency; or
(ii) assigned to do so by the legislative council.
(3) Issue reports on all assigned research and analysis
according to instructions from the legislative council or the
legislative services agency.
(4) Conduct all assigned research and analysis in a
nonpartisan manner.
Sec. 4. (a) Indiana University's Public Policy Institute shall
provide staff and administrative support for the center.
(b) The director for Indiana University's Public Policy Institute
shall appoint the center's director.".
Renumber all SECTIONS consecutively.
EH 1075—LS 6784/DI 148 40
(Reference is to EHB 1075 as printed February 15, 2022.)
DORIOT
_____
SENATE MOTION
Madam President: I move that Engrossed House Bill 1075 be
amended to read as follows:
Page 4, between lines 23 and 24, begin a new paragraph and insert:
"SECTION 3. IC 4-3-25-1, AS ADDED BY P.L.7-2016, SECTION
1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2022]: Sec. 1. As used in this chapter, "commission" refers to the
Indiana commission to combat drug abuse substance use disorder
established by section 3 of this chapter.
SECTION 4. IC 4-3-25-3, AS ADDED BY P.L.7-2016, SECTION
1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2022]: Sec. 3. The Indiana commission to combat drug abuse
substance use disorder is established.".
Page 7, between lines 2 and 3, begin new paragraph and insert:
"SECTION 8. IC 5-2-1-20, AS ADDED BY P.L.102-2017,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 20. In conjunction with the Indiana commission
to combat drug abuse substance use disorder established by
IC 4-3-25-3 and the division of mental health and addiction, the board
may establish the Indiana technical assistance center for crisis
intervention teams under IC 5-2-21.2.
SECTION 9. IC 5-2-11-1.6, AS AMENDED BY P.L.40-2020,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 1.6. As used in this chapter, "local coordinating
council" means a countywide, collaborative citizen body that is open
to the public and approved by the Indiana commission to combat drug
abuse substance use disorder established by IC 4-3-25-3 to plan,
implement, monitor, and evaluate local comprehensive community
plans.
SECTION 10. IC 5-2-21.2-5, AS AMENDED BY P.L.102-2017,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 5. As used in this chapter, "technical assistance
center" means a center established by the board in conjunction with the
Indiana commission to combat drug abuse substance use disorder
established by IC 4-3-25-3 and the division of mental health and
EH 1075—LS 6784/DI 148 41
addiction under IC 5-2-1-20 to support the development and
sustainability of local crisis intervention teams.
SECTION 11. IC 5-20-9-6, AS ADDED BY P.L.103-2017,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 6. (a) The Indiana housing first program is
established to provide housing and support services for eligible
persons. The program shall be administered by the authority. The
Indiana commission to combat drug abuse substance use disorder
established under IC 4-3-25-3 may award grants to the authority for the
purposes of the program. Not later than January 1, 2018, the authority
shall establish policies and procedures to implement and administer the
program. The policies and procedures established by the authority
under this section must ensure that the program does the following:
(1) Provides eligible program participants with affordable and
safe housing through program rental assistance to be used in
dedicated supportive housing units and in existing market units in
the community.
(2) Includes a plan for the:
(A) initial leasing of; and
(B) management of rental assistance through the affordability
period for;
supportive housing developed under the program.
(3) Provides eligible program participants with support services,
including:
(A) employment assistance and job training;
(B) substance abuse and addiction treatment;
(C) educational assistance;
(D) life skills assistance; and
(E) treatment for, and the management of, mental and physical
health problems;
that are predicated on assertive engagement rather than coercion.
Support services described in clause (B) must be predicated on a
harm reduction approach to addiction, rather than mandating
abstinence, while supporting a program participant's commitment
to recovery.
(4) Grants eligible persons who have a high degree of medical
vulnerability priority as participants in the program.
(5) Provides program participants with leases and tenant
protections as provided by law.
(6) Establishes annual goals to:
(A) reduce the number of individuals cycling through
chemical addiction programs;
EH 1075—LS 6784/DI 148 42
(B) provide long term supports for individuals dually
diagnosed with:
(i) a serious and persistent mental illness; and
(ii) a chronic chemical addiction;
(C) increase the housing stability of persons with mental
illness or other behavioral health issues; and
(D) increase positive health indicators for all program
participants;
in Indiana as a whole and in particular regions, communities, and
metropolitan statistical areas within Indiana, through the program
and support services provided under the program. The goals
required by this subdivision must be based on data collected by
the authority and the authority's partners.
(7) Includes partnerships with public entities and private entities,
including any of the following, to provide support services and a
continuum of care for eligible program participants:
(A) Nonprofit or faith based organizations providing services
to individuals and families in the program's target population.
(B) Units of local government.
(C) School corporations and schools.
(D) Businesses.
(E) Public housing agencies.
(F) Social service providers.
(G) Mental health providers.
(H) Hospitals.
(I) Affordable housing developers and providers.
(J) Law enforcement agencies and correctional facilities.
(K) Organizations serving homeless veterans.
(L) Organizations serving victims of domestic violence.
(M) Universities.
(N) Other public or private entities the authority considers
appropriate to partner with to accomplish the purposes of the
program.
(b) In establishing the policies and procedures required by this
section, the authority may collaborate with or seek guidance from:
(1) other appropriate state agencies, including the department of
correction, the state department of health, and the office of the
secretary of family and social services (and the appropriate
divisions within the office of the secretary of family and social
services);
(2) officials in other states or municipalities that have
implemented housing first programs or other similar programs;
EH 1075—LS 6784/DI 148 43
and
(3) any of the entities listed in subsection (a)(7).".
Page 9, between lines 14 and 15, begin a new paragraph and insert:
"SECTION 17. IC 12-23-19-2, AS AMENDED BY P.L.57-2021,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 2. (a) An individual is eligible for mental health
and addiction forensic treatment services if:
(1) subject to subsection (d), the individual:
(A) is a member of a household with an annual income that
does not exceed two hundred percent (200%) of the federal
income poverty level;
(B) is a resident of Indiana;
(C) is:
(i) at least eighteen (18) years of age; or
(ii) subject to the approval of the Indiana commission to
combat drug abuse, substance use disorder, less than
eighteen (18) years of age and the individual is a defendant
whose case is either waived from juvenile court to adult
court or directly filed in adult court; and
(D) has entered the criminal justice system as a felon or with
a prior felony conviction or is ordered to be committed for
competency restoration services as described in
IC 35-36-3-1(b); and
(2) subject to subsection (b), reimbursement for the service is not
available to the individual through any of the following:
(A) A policy of accident and sickness insurance (IC 27-8-5).
(B) A health maintenance organization contract (IC 27-13).
(C) The Medicaid program (IC 12-15), excluding the Medicaid
rehabilitation program and the Behavioral and Primary Health
Coordination Program under Section 1915(i) of the Social
Security Act.
(D) The federal Medicare program or any other federal
assistance program.
(b) If an individual is not entitled to reimbursement from the sources
described in subsection (a)(2) of the full amount of the cost of the
mental health and addiction forensic treatment services, grants and
vouchers under this chapter may be used to provide those services to
the extent that the costs of those services exceed the reimbursement the
individual is entitled to receive from the sources described in
subsection (a)(2), excluding any copayment or deductible that the
individual is required to pay.
(c) The division shall determine the extent to which an individual
EH 1075—LS 6784/DI 148 44
who is provided mental health and addiction forensic treatment
services under this chapter is entitled to receive reimbursement from
the sources described in subsection (a)(2).
(d) Notwithstanding subsection (a)(1)(D), subject to available
funding and on the recommendation of the justice reinvestment
advisory council (established by IC 33-38-9.5-2), the division may
operate a pilot program applying the eligibility criteria in this section
to individuals who are charged with a misdemeanor. If the division
operates a pilot program under this subsection, the division shall issue
annual reports to the justice reinvestment advisory council.
SECTION 18. IC 12-23-21-2, AS ADDED BY P.L.168-2017,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 2. (a) Subject to the approval of the Indiana
commission to combat drug abuse, substance use disorder, the
physician medication assisted treatment training reimbursement pilot
program is established to provide reimbursement to physicians who
meet the requirements of section 3 of this chapter, for the purpose of
increasing the number of qualified physicians in Indiana with training
in medication assisted treatment.
(b) The division shall administer the program.
SECTION 19. IC 12-23-21.2-2, AS AMENDED BY P.L.222-2019,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 2. (a) Subject to the approval of the Indiana
commission to combat drug abuse, substance use disorder, the
division of mental health and addiction shall establish an opioid
treatment pilot program for opioid use disorder.
(b) The program shall be designed to assist participants in
overcoming opioid use disorder by providing inpatient, residential, and
outpatient opioid treatment services.
(c) An individual is eligible to participate in the program if the
individual is:
(1) at least eighteen (18) years of age;
(2) not being charged with a felony or misdemeanor; and
(3) incapacitated by opioid use disorder as demonstrated by the
fact that the individual is at serious risk of injury or death due to
abuse of opioids.
(d) The division shall establish the program in the following
counties:
(1) Tippecanoe County.
(2) Marion County.
(3) Wayne County.
(e) A county may use:
EH 1075—LS 6784/DI 148 45
(1) outpatient commitment proceedings under IC 12-26-14; and
(2) commitment proceedings under IC 12-26;
in appropriate cases if a person meets the requirements of the statute.
SECTION 20. IC 12-23-23-0.5, AS ADDED BY P.L.195-2018,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 0.5. This chapter is subject to the approval of the
Indiana commission to combat drug abuse. substance use disorder.".
Page 9, between lines 39 and 40, begin a new paragraph and insert:
"SECTION 22. IC 16-35-10-2, AS ADDED BY P.L.174-2017,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 2. Subject to the approval of the Indiana
commission to combat drug abuse, substance use disorder, the opioid
addiction recovery pilot program for pregnant women and women with
newborns is established to assist pregnant women and women with
newborns by providing substance abuse and addiction treatment in a
residential care facility and providing home visitation services.".
Renumber all SECTIONS consecutively.
(Reference is to EHB 1075 as printed February 15, 2022.)
YODER
EH 1075—LS 6784/DI 148