IN
Indiana House Bill HB1075

Indiana 2022 Regular Session

Indiana House Bill HB1075 Compare Versions

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1+*EH1075.2*
2+Reprinted
3+February 22, 2022
4+ENGROSSED
5+HOUSE BILL No. 1075
6+_____
7+DIGEST OF HB 1075 (Updated February 21, 2022 4:11 pm - DI 148)
8+Citations Affected: IC 2-5; IC 4-3; IC 4-10; IC 4-23; IC 4-33; IC 5-2;
9+IC 5-20; IC 7.1-2; IC 8-10; IC 10-11; IC 12-23; IC 14-9; IC 16-35;
10+IC 33-38; IC 36-1; IC 36-7; IC 36-7.5; IC 36-8.
11+Synopsis: Commissions and committees. Repeals the following: (1)
12+Indiana advisory commission on intergovernmental relations. (2) Public
13+highway private enterprise review board. (3) Lake Michigan marina
14+(Continued next page)
15+Effective: Upon passage; July 1, 2022.
16+Pressel, Bartels, Miller D, Jordan
17+(SENATE SPONSORS — DORIOT, BOHACEK, GARTEN, KOCH)
18+January 4, 2022, read first time and referred to Committee on Government and Regulatory
19+Reform.
20+January 12, 2022, amended, reported — Do Pass.
21+January 18, 2022, read second time, ordered engrossed.
22+January 19, 2022, engrossed.
23+January 20, 2022, read third time, passed. Yeas 90, nays 0.
24+SENATE ACTION
25+February 2, 2022, read first time and referred to Committee on Appropriations.
26+February 14, 2022, amended, reported favorably — Do Pass.
27+February 21, 2022, read second time, amended, ordered engrossed.
28+EH 1075—LS 6784/DI 148 Digest Continued
29+and shoreline development commission. (4) Orange County
30+development advisory board. Makes conforming changes. Moves a
31+definition from a statute being repealed. Assigns to the interim study
32+committee on government the task of studying activity of various
33+groups and interstate compacts each even-numbered year. Requires the
34+salary matrices prescribed for certain officers be reviewed and
35+approved by the budget agency biennially in even-numbered years
36+before implementation. Requires the justice reinvestment advisory
37+council to review the composition of the community corrections
38+advisory board (advisory board) and report to the legislative council
39+before November 1, 2022, regarding how to reduce the membership of
40+an advisory board and the recommended membership for an advisory
41+board. Establishes the Indiana policy research center (center). Requires
42+the center to conduct and support certain research and analysis efforts.
43+Requires the center to issue reports on all assigned research and
44+analysis according to instruction by legislative council or the legislative
45+services agency. Requires that the center conduct all assigned research
46+and analysis in a nonpartisan manner. Requires the director for Indiana
47+University's Public Policy Institute to appoint the center's director.
48+Requires Indiana University's Public Policy Institute to provide staff
49+and administrative support for the center. Changes the name of the
50+Indiana commission to combat drug use to the Indiana commission to
51+combat substance use disorder.
52+EH 1075—LS 6784/DI 148EH 1075—LS 6784/DI 148 Reprinted
53+February 22, 2022
154 Second Regular Session of the 122nd General Assembly (2022)
255 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
356 Constitution) is being amended, the text of the existing provision will appear in this style type,
457 additions will appear in this style type, and deletions will appear in this style type.
558 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
659 provision adopted), the text of the new provision will appear in this style type. Also, the
760 word NEW will appear in that style type in the introductory clause of each SECTION that adds
861 a new provision to the Indiana Code or the Indiana Constitution.
962 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1063 between statutes enacted by the 2021 Regular Session of the General Assembly.
11-HOUSE ENROLLED ACT No. 1075
12-AN ACT to amend the Indiana Code concerning state offices and
13-administration.
64+ENGROSSED
65+HOUSE BILL No. 1075
66+A BILL FOR AN ACT to amend the Indiana Code concerning state
67+offices and administration.
1468 Be it enacted by the General Assembly of the State of Indiana:
15-SECTION 1. IC 2-5-1.3-13, AS AMENDED BY P.L.148-2021,
16-SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17-UPON PASSAGE]: Sec. 13. (a) A study committee shall study the
18-issues assigned by the legislative council that are within the subject
19-matter for the study committee, as described in section 4 of this
20-chapter.
21-(b) In addition to the issues assigned under subsection (a), the
22-interim study committee on roads and transportation shall advise the
23-bureau of motor vehicles regarding the suitability of a special group (as
24-defined in IC 9-13-2-170) to receive a special group recognition license
25-plate for the special group (as defined in IC 9-13-2-170) for the first
26-time under IC 9-18.5-12-4 and the suitability of a special group (as
27-defined in IC 9-13-2-170) to continue participating in the special group
28-recognition license plate program under IC 9-18.5-12-5.
29-(c) In addition to the issues assigned under subsection (a), the
30-interim study committee on corrections and criminal code shall review
31-current trends with respect to criminal behavior, sentencing,
32-incarceration, and treatment and may:
33-(1) identify particular needs of the criminal justice system that can
34-be addressed by legislation; and
35-(2) prepare legislation to address the particular needs found by the
36-HEA 1075 — CC 1 2
37-committee.
38-(d) In each even-numbered year, in addition to the issues assigned
39-under subsection (a), the interim study committee on courts and the
40-judiciary shall review, consider, and make recommendations
41-concerning all requests for new courts, new judicial officers, and
42-changes in jurisdiction of existing courts. A request under this
43-subsection must include at least the following information to receive
44-full consideration by the committee:
45-(1) The level of community support for the change, including
46-support from the local fiscal body.
47-(2) The results of a survey that shall be conducted by the county
48-requesting the change, sampling members of the bar, members of
49-the judiciary, and local officials to determine needs and concerns
50-of existing courts.
51-(3) Whether the county is already using a judge or magistrate
52-from an overserved area of the judicial district.
53-(4) The relative severity of need based on the most recent
54-weighted caseload measurement system report published by the
55-office of judicial administration.
56-(5) Whether the county is using any problem solving court as
57-described in IC 33-23-16-11, and, if so, the list of problem solving
58-courts established in the county, and any evaluation of the impact
59-of the problem solving courts on the overall judicial caseload.
60-(6) A description of the:
61-(A) county's population growth in the ten (10) years before the
62-date of the request; and
63-(B) projected population growth in the county for the ten (10)
64-years after the date of the request, to the extent available;
65-and any documentation to support the information provided under
66-this subdivision.
67-(7) A description of the county's use of pre-incarceration
68-diversion services and post-incarceration reentry services in an
69-effort to decrease recidivism.
70-(8) If the request is a request for a new court or new courts, an
71-acknowledgment from the county fiscal body (as defined in
72-IC 36-1-2-6) with the funding sources and estimated costs the
73-county intends to pay toward the county's part of the operating
74-costs associated with the new court or new courts.
75-The office of judicial administration shall post the list of required
76-information provided under this subsection on its Internet web site.
77-(e) In each even-numbered year, in addition to the issues assigned
78-under subsection (a), the interim study committee on courts and the
79-HEA 1075 — CC 1 3
80-judiciary shall review the most recent weighted caseload measurement
81-system report published by the office of judicial administration and do
82-the following:
83-(1) Identify each county in which the number of courts or judicial
84-officers exceeds the number used by the county in that report
85-year.
86-(2) Determine the number of previous report years in which the
87-number of courts or judicial officers in a county identified in
88-subdivision (1) exceeded the number used by the county in that
89-particular report year.
90-(3) Make a recommendation on whether the number of courts or
91-judicial officers in the county should be decreased.
92-The office of judicial administration shall post a list of the number of
93-courts or judicial officers used in each county for each report year, and
94-the number of years in which the number of courts or judicial officers
95-in the county has exceeded the number used by the county, on its
96-Internet web site.
97-(f) In addition to studying the issues assigned under subsection (a),
98-the interim study committee on child services shall:
99-(1) review the annual reports submitted by:
100-(A) each local child fatality review team under IC 16-49-3-7;
101-(B) the statewide child fatality review committee under
102-IC 16-49-4-11; and
103-(C) the department of child services under IC 31-25-2-24;
104-during the immediately preceding twelve (12) month period, and
105-may make recommendations regarding changes in policies or
106-statutes to improve child safety; and
107-(2) report to the legislative council before November 1 of each
108-interim, in an electronic format under IC 5-14-6, the results of:
109-(A) the committee's review under subdivision (1); and
110-(B) the committee's study of any issue assigned to the
111-committee under subsection (a).
112-(g) In each even-numbered year, in addition to the issues
113-assigned under subsection (a), the interim study committee on
114-government shall do the following:
115-(1) Determine whether a group has met in the immediately
116-preceding two (2) years.
117-(2) Identify all interstate compacts that have been fully
118-operational for at least two (2) years to which the state is a
119-party.
120-(3) Consider whether to:
121-(A) remain a party to; or
122-HEA 1075 — CC 1 4
123-(B) withdraw from;
124-each interstate compact.
125-(4) If the committee determines that the state should
126-withdraw from an interstate compact, identify the steps
127-needed to withdraw.
128-(5) Report before November 1 to the legislative council, in an
129-electronic format under IC 5-14-6 the committee's:
130-(A) recommendations for proposed legislation to repeal
131-groups that have not met during the immediately
132-preceding two (2) years; and
133-(B) findings and recommendations regarding the interstate
134-compacts.
135-As used in this subsection, "group" refers to an authority, a board,
136-a commission, a committee, a council, a delegate, a foundation, a
137-panel, or a task force that is established by statute, has at least one
138-(1) legislator assigned to it, and is not staffed by the legislative
139-services agency.
140-SECTION 2. IC 4-3-19 IS REPEALED [EFFECTIVE JULY 1,
141-2022]. (Public Highway Private Enterprise Review Board).
142-SECTION 3. IC 4-3-25-1, AS ADDED BY P.L.7-2016, SECTION
143-1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
144-2022]: Sec. 1. As used in this chapter, "commission" refers to the
145-Indiana commission to combat drug abuse substance use disorder
146-established by section 3 of this chapter.
147-SECTION 4. IC 4-3-25-3, AS ADDED BY P.L.7-2016, SECTION
148-1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
149-2022]: Sec. 3. The Indiana commission to combat drug abuse
150-substance use disorder is established.
151-SECTION 5. IC 4-10-18-10, AS AMENDED BY P.L.119-2012,
152-SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
153-JULY 1, 2022]: Sec. 10. (a) The state board of finance may lend money
154-from the fund to entities listed in subsections (e) through (k) for the
155-purposes specified in those subsections.
156-(b) An entity must apply for the loan before May 1, 1989, in a form
157-approved by the state board of finance. As part of the application, the
158-entity shall submit a plan for its use of the loan proceeds and for the
159-repayment of the loan. Within sixty (60) days after receipt of each
160-application, the board shall meet to consider the application and to
161-review its accuracy and completeness and to determine the need for the
162-loan. The board shall authorize a loan to an entity that makes an
163-application if the board approves its accuracy and completeness and
164-determines that there is a need for the loan and an adequate method of
165-HEA 1075 — CC 1 5
166-repayment.
167-(c) The state board of finance shall determine the terms of each
168-loan, which must include the following:
169-(1) The duration of the loan, which must not exceed twelve (12)
170-years.
171-(2) The repayment schedule of the loan, which must provide that
172-no payments are due during the first two (2) years of the loan.
173-(3) A variable rate of interest to be determined by the board and
174-adjusted annually. The interest rate must be the greater of:
175-(A) five percent (5%); or
176-(B) two-thirds (2/3) of the interest rate for fifty-two (52) week
177-United States Treasury bills on the anniversary date of the
178-loan, but not to exceed ten percent (10%).
179-(4) The amount of the loan or loans, which may not exceed the
180-maximum amounts established for the entity by this section.
181-(5) Any other conditions specified by the board.
182-(d) An entity may borrow money under this section by adoption of
183-an ordinance or a resolution and, as set forth in IC 5-1-14, may use any
184-source of revenue to repay a loan under this section. This section
185-constitutes complete authority for the entity to borrow from the fund.
186-If an entity described in subsection (i) fails to make any repayments of
187-a loan, the amount payable shall be withheld by the auditor of state
188-from any other money payable to the consolidated city. If any other
189-entity described in this section fails to make any repayments of a loan,
190-the amount payable shall be withheld by the auditor of state from any
191-other money payable to the entity. The amount withheld shall be
192-transferred to the fund to the credit of the entity.
193-(e) A loan under this section may be made to a city located in a
194-county having a population of more than twenty-five thousand (25,000)
195-but less than twenty-five thousand eight hundred (25,800) for the city's
196-waterworks facility. The amount of the loan may not exceed one
197-million six hundred thousand dollars ($1,600,000).
198-(f) A loan under this section may be made to a city the territory of
199-which is included in part within the Lake Michigan corridor (as defined
200-in IC 14-13-3-2, before its repeal) for a marina development project. As
201-a part of its application under subsection (b), the city must include the
202-following:
203-(1) Written approval by the Lake Michigan marina development
204-commission of the project to be funded by the loan proceeds.
205-(2) A written determination by the commission of the amount
206-needed by the city, for the project and of the amount of the
207-maximum loan amount under this subsection that should be lent
208-HEA 1075 — CC 1 6
209-to the city.
210-The maximum amount of loans available for all cities that are eligible
211-for a loan under this subsection is eight million six hundred thousand
212-dollars ($8,600,000).
213-(g) A loan under this section may be made to a county having a
214-population of more than one hundred seventy-five thousand (175,000)
215-but less than one hundred eighty-five thousand (185,000) for use by the
216-airport authority in the county for the construction of runways. The
217-amount of the loan may not exceed seven million dollars ($7,000,000).
218-The county may lend the proceeds of its loan to an airport authority for
219-the public purpose of fostering economic growth in the county.
220-(h) A loan under this section may be made to a city having a
221-population of more than sixty thousand (60,000) but less than sixty-five
222-thousand (65,000) for the construction of parking facilities. The
223-amount of the loan may not exceed three million dollars ($3,000,000).
224-(i) A loan or loans under this section may be made to a consolidated
225-city, a local public improvement bond bank, or any board, authority, or
226-commission of the consolidated city to fund economic development
227-projects under IC 36-7-15.2-5 or to refund obligations issued to fund
228-economic development projects. The amount of the loan may not
229-exceed thirty million dollars ($30,000,000).
230-(j) A loan under this section may be made to a county having a
231-population of more than thirteen thousand (13,000) but less than
232-fourteen thousand (14,000) for extension of airport runways. The
233-amount of the loan may not exceed three hundred thousand dollars
234-($300,000).
235-(k) A loan under this section may be made to Covington Community
236-School Corporation to refund the amount due on a tax anticipation
237-warrant loan. The amount of the loan may not exceed two million seven
238-hundred thousand dollars ($2,700,000), to be paid back from any
239-source of money that is legally available to the school corporation.
240-Notwithstanding subsection (b), the school corporation must apply for
241-the loan before June 30, 2010. Notwithstanding subsection (c),
242-repayment of the loan shall be made in equal installments over five (5)
243-years with the first installment due not more than six (6) months after
244-the date loan proceeds are received by the school corporation.
245-(l) IC 6-1.1-20 does not apply to a loan made by an entity under this
246-section.
247-(m) As used in this section, "entity" means a governmental entity
248-authorized to obtain a loan under subsections (e) through (k).
249-SECTION 6. IC 4-23-24.2 IS REPEALED [EFFECTIVE JULY 1,
250-2022]. (Indiana Advisory Commission on Intergovernmental
251-HEA 1075 — CC 1 7
252-Relations).
253-SECTION 7. IC 4-33-20-8, AS ADDED BY P.L.227-2007,
69+1 SECTION 1. IC 2-5-1.3-13, AS AMENDED BY P.L.148-2021,
70+2 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
71+3 UPON PASSAGE]: Sec. 13. (a) A study committee shall study the
72+4 issues assigned by the legislative council that are within the subject
73+5 matter for the study committee, as described in section 4 of this
74+6 chapter.
75+7 (b) In addition to the issues assigned under subsection (a), the
76+8 interim study committee on roads and transportation shall advise the
77+9 bureau of motor vehicles regarding the suitability of a special group (as
78+10 defined in IC 9-13-2-170) to receive a special group recognition license
79+11 plate for the special group (as defined in IC 9-13-2-170) for the first
80+12 time under IC 9-18.5-12-4 and the suitability of a special group (as
81+13 defined in IC 9-13-2-170) to continue participating in the special group
82+14 recognition license plate program under IC 9-18.5-12-5.
83+15 (c) In addition to the issues assigned under subsection (a), the
84+16 interim study committee on corrections and criminal code shall review
85+17 current trends with respect to criminal behavior, sentencing,
86+EH 1075—LS 6784/DI 148 2
87+1 incarceration, and treatment and may:
88+2 (1) identify particular needs of the criminal justice system that can
89+3 be addressed by legislation; and
90+4 (2) prepare legislation to address the particular needs found by the
91+5 committee.
92+6 (d) In each even-numbered year, in addition to the issues assigned
93+7 under subsection (a), the interim study committee on courts and the
94+8 judiciary shall review, consider, and make recommendations
95+9 concerning all requests for new courts, new judicial officers, and
96+10 changes in jurisdiction of existing courts. A request under this
97+11 subsection must include at least the following information to receive
98+12 full consideration by the committee:
99+13 (1) The level of community support for the change, including
100+14 support from the local fiscal body.
101+15 (2) The results of a survey that shall be conducted by the county
102+16 requesting the change, sampling members of the bar, members of
103+17 the judiciary, and local officials to determine needs and concerns
104+18 of existing courts.
105+19 (3) Whether the county is already using a judge or magistrate
106+20 from an overserved area of the judicial district.
107+21 (4) The relative severity of need based on the most recent
108+22 weighted caseload measurement system report published by the
109+23 office of judicial administration.
110+24 (5) Whether the county is using any problem solving court as
111+25 described in IC 33-23-16-11, and, if so, the list of problem solving
112+26 courts established in the county, and any evaluation of the impact
113+27 of the problem solving courts on the overall judicial caseload.
114+28 (6) A description of the:
115+29 (A) county's population growth in the ten (10) years before the
116+30 date of the request; and
117+31 (B) projected population growth in the county for the ten (10)
118+32 years after the date of the request, to the extent available;
119+33 and any documentation to support the information provided under
120+34 this subdivision.
121+35 (7) A description of the county's use of pre-incarceration
122+36 diversion services and post-incarceration reentry services in an
123+37 effort to decrease recidivism.
124+38 (8) If the request is a request for a new court or new courts, an
125+39 acknowledgment from the county fiscal body (as defined in
126+40 IC 36-1-2-6) with the funding sources and estimated costs the
127+41 county intends to pay toward the county's part of the operating
128+42 costs associated with the new court or new courts.
129+EH 1075—LS 6784/DI 148 3
130+1 The office of judicial administration shall post the list of required
131+2 information provided under this subsection on its Internet web site.
132+3 (e) In each even-numbered year, in addition to the issues assigned
133+4 under subsection (a), the interim study committee on courts and the
134+5 judiciary shall review the most recent weighted caseload measurement
135+6 system report published by the office of judicial administration and do
136+7 the following:
137+8 (1) Identify each county in which the number of courts or judicial
138+9 officers exceeds the number used by the county in that report
139+10 year.
140+11 (2) Determine the number of previous report years in which the
141+12 number of courts or judicial officers in a county identified in
142+13 subdivision (1) exceeded the number used by the county in that
143+14 particular report year.
144+15 (3) Make a recommendation on whether the number of courts or
145+16 judicial officers in the county should be decreased.
146+17 The office of judicial administration shall post a list of the number of
147+18 courts or judicial officers used in each county for each report year, and
148+19 the number of years in which the number of courts or judicial officers
149+20 in the county has exceeded the number used by the county, on its
150+21 Internet web site.
151+22 (f) In addition to studying the issues assigned under subsection (a),
152+23 the interim study committee on child services shall:
153+24 (1) review the annual reports submitted by:
154+25 (A) each local child fatality review team under IC 16-49-3-7;
155+26 (B) the statewide child fatality review committee under
156+27 IC 16-49-4-11; and
157+28 (C) the department of child services under IC 31-25-2-24;
158+29 during the immediately preceding twelve (12) month period, and
159+30 may make recommendations regarding changes in policies or
160+31 statutes to improve child safety; and
161+32 (2) report to the legislative council before November 1 of each
162+33 interim, in an electronic format under IC 5-14-6, the results of:
163+34 (A) the committee's review under subdivision (1); and
164+35 (B) the committee's study of any issue assigned to the
165+36 committee under subsection (a).
166+37 (g) In each even-numbered year, in addition to the issues
167+38 assigned under subsection (a), the interim study committee on
168+39 government shall do the following:
169+40 (1) Determine whether a group has met in the immediately
170+41 preceding two (2) years.
171+42 (2) Identify all interstate compacts that have been fully
172+EH 1075—LS 6784/DI 148 4
173+1 operational for at least two (2) years to which the state is a
174+2 party.
175+3 (3) Consider whether to:
176+4 (A) remain a party to; or
177+5 (B) withdraw from;
178+6 each interstate compact.
179+7 (4) If the committee determines that the state should
180+8 withdraw from an interstate compact, identify the steps
181+9 needed to withdraw.
182+10 (5) Report before November 1 to the legislative council, in an
183+11 electronic format under IC 5-14-6 the committee's:
184+12 (A) recommendations for proposed legislation to repeal
185+13 groups that have not met during the immediately
186+14 preceding two (2) years; and
187+15 (B) findings and recommendations regarding the interstate
188+16 compacts.
189+17 As used in this subsection, "group" refers to an authority, a board,
190+18 a commission, a committee, a council, a delegate, a foundation, a
191+19 panel, or a task force that is established by statute, has at least one
192+20 (1) legislator assigned to it, and is not staffed by the legislative
193+21 services agency.
194+22 SECTION 2. IC 4-3-19 IS REPEALED [EFFECTIVE JULY 1,
195+23 2022]. (Public Highway Private Enterprise Review Board).
196+24 SECTION 3. IC 4-3-25-1, AS ADDED BY P.L.7-2016, SECTION
197+25 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
198+26 2022]: Sec. 1. As used in this chapter, "commission" refers to the
199+27 Indiana commission to combat drug abuse substance use disorder
200+28 established by section 3 of this chapter.
201+29 SECTION 4. IC 4-3-25-3, AS ADDED BY P.L.7-2016, SECTION
202+30 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
203+31 2022]: Sec. 3. The Indiana commission to combat drug abuse
204+32 substance use disorder is established.
205+33 SECTION 5. IC 4-10-18-10, AS AMENDED BY P.L.119-2012,
206+34 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
207+35 JULY 1, 2022]: Sec. 10. (a) The state board of finance may lend money
208+36 from the fund to entities listed in subsections (e) through (k) for the
209+37 purposes specified in those subsections.
210+38 (b) An entity must apply for the loan before May 1, 1989, in a form
211+39 approved by the state board of finance. As part of the application, the
212+40 entity shall submit a plan for its use of the loan proceeds and for the
213+41 repayment of the loan. Within sixty (60) days after receipt of each
214+42 application, the board shall meet to consider the application and to
215+EH 1075—LS 6784/DI 148 5
216+1 review its accuracy and completeness and to determine the need for the
217+2 loan. The board shall authorize a loan to an entity that makes an
218+3 application if the board approves its accuracy and completeness and
219+4 determines that there is a need for the loan and an adequate method of
220+5 repayment.
221+6 (c) The state board of finance shall determine the terms of each
222+7 loan, which must include the following:
223+8 (1) The duration of the loan, which must not exceed twelve (12)
224+9 years.
225+10 (2) The repayment schedule of the loan, which must provide that
226+11 no payments are due during the first two (2) years of the loan.
227+12 (3) A variable rate of interest to be determined by the board and
228+13 adjusted annually. The interest rate must be the greater of:
229+14 (A) five percent (5%); or
230+15 (B) two-thirds (2/3) of the interest rate for fifty-two (52) week
231+16 United States Treasury bills on the anniversary date of the
232+17 loan, but not to exceed ten percent (10%).
233+18 (4) The amount of the loan or loans, which may not exceed the
234+19 maximum amounts established for the entity by this section.
235+20 (5) Any other conditions specified by the board.
236+21 (d) An entity may borrow money under this section by adoption of
237+22 an ordinance or a resolution and, as set forth in IC 5-1-14, may use any
238+23 source of revenue to repay a loan under this section. This section
239+24 constitutes complete authority for the entity to borrow from the fund.
240+25 If an entity described in subsection (i) fails to make any repayments of
241+26 a loan, the amount payable shall be withheld by the auditor of state
242+27 from any other money payable to the consolidated city. If any other
243+28 entity described in this section fails to make any repayments of a loan,
244+29 the amount payable shall be withheld by the auditor of state from any
245+30 other money payable to the entity. The amount withheld shall be
246+31 transferred to the fund to the credit of the entity.
247+32 (e) A loan under this section may be made to a city located in a
248+33 county having a population of more than twenty-five thousand (25,000)
249+34 but less than twenty-five thousand eight hundred (25,800) for the city's
250+35 waterworks facility. The amount of the loan may not exceed one
251+36 million six hundred thousand dollars ($1,600,000).
252+37 (f) A loan under this section may be made to a city the territory of
253+38 which is included in part within the Lake Michigan corridor (as defined
254+39 in IC 14-13-3-2, before its repeal) for a marina development project. As
255+40 a part of its application under subsection (b), the city must include the
256+41 following:
257+42 (1) Written approval by the Lake Michigan marina development
258+EH 1075—LS 6784/DI 148 6
259+1 commission of the project to be funded by the loan proceeds.
260+2 (2) A written determination by the commission of the amount
261+3 needed by the city, for the project and of the amount of the
262+4 maximum loan amount under this subsection that should be lent
263+5 to the city.
264+6 The maximum amount of loans available for all cities that are eligible
265+7 for a loan under this subsection is eight million six hundred thousand
266+8 dollars ($8,600,000).
267+9 (g) A loan under this section may be made to a county having a
268+10 population of more than one hundred seventy-five thousand (175,000)
269+11 but less than one hundred eighty-five thousand (185,000) for use by the
270+12 airport authority in the county for the construction of runways. The
271+13 amount of the loan may not exceed seven million dollars ($7,000,000).
272+14 The county may lend the proceeds of its loan to an airport authority for
273+15 the public purpose of fostering economic growth in the county.
274+16 (h) A loan under this section may be made to a city having a
275+17 population of more than sixty thousand (60,000) but less than sixty-five
276+18 thousand (65,000) for the construction of parking facilities. The
277+19 amount of the loan may not exceed three million dollars ($3,000,000).
278+20 (i) A loan or loans under this section may be made to a consolidated
279+21 city, a local public improvement bond bank, or any board, authority, or
280+22 commission of the consolidated city to fund economic development
281+23 projects under IC 36-7-15.2-5 or to refund obligations issued to fund
282+24 economic development projects. The amount of the loan may not
283+25 exceed thirty million dollars ($30,000,000).
284+26 (j) A loan under this section may be made to a county having a
285+27 population of more than thirteen thousand (13,000) but less than
286+28 fourteen thousand (14,000) for extension of airport runways. The
287+29 amount of the loan may not exceed three hundred thousand dollars
288+30 ($300,000).
289+31 (k) A loan under this section may be made to Covington Community
290+32 School Corporation to refund the amount due on a tax anticipation
291+33 warrant loan. The amount of the loan may not exceed two million seven
292+34 hundred thousand dollars ($2,700,000), to be paid back from any
293+35 source of money that is legally available to the school corporation.
294+36 Notwithstanding subsection (b), the school corporation must apply for
295+37 the loan before June 30, 2010. Notwithstanding subsection (c),
296+38 repayment of the loan shall be made in equal installments over five (5)
297+39 years with the first installment due not more than six (6) months after
298+40 the date loan proceeds are received by the school corporation.
299+41 (l) IC 6-1.1-20 does not apply to a loan made by an entity under this
300+42 section.
301+EH 1075—LS 6784/DI 148 7
302+1 (m) As used in this section, "entity" means a governmental entity
303+2 authorized to obtain a loan under subsections (e) through (k).
304+3 SECTION 6. IC 4-23-24.2 IS REPEALED [EFFECTIVE JULY 1,
305+4 2022]. (Indiana Advisory Commission on Intergovernmental
306+5 Relations).
307+6 SECTION 7. IC 4-23-24.3 IS ADDED TO THE INDIANA CODE
308+7 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
309+8 UPON PASSAGE]:
310+9 Chapter 24.3. Indiana Policy Research Center
311+10 Sec. 1. As used in this chapter, "center" refers to the Indiana
312+11 policy research center established by section 2 of this chapter.
313+12 Sec. 2. The Indiana policy research center is established.
314+13 Sec. 3. The center shall do the following:
315+14 (1) Conduct research and analysis on important state and
316+15 local matters as assigned by the legislative council.
317+16 (2) Support research and analysis efforts that are:
318+17 (A) conducted as part of interim study committees when
319+18 assigned to do so by the legislative council; or
320+19 (B) assigned to the legislative services agency when:
321+20 (i) requested by the legislative services agency; or
322+21 (ii) assigned to do so by the legislative council.
323+22 (3) Issue reports on all assigned research and analysis
324+23 according to instructions from the legislative council or the
325+24 legislative services agency.
326+25 (4) Conduct all assigned research and analysis in a
327+26 nonpartisan manner.
328+27 Sec. 4. (a) Indiana University's Public Policy Institute shall
329+28 provide staff and administrative support for the center.
330+29 (b) The director for Indiana University's Public Policy Institute
331+30 shall appoint the center's director.
332+31 SECTION 8. IC 4-33-20-8, AS ADDED BY P.L.227-2007,
333+32 SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
334+33 JULY 1, 2022]: Sec. 8. The commission shall create a matrix for salary
335+34 ranges for gaming control officers, which must be reviewed and
336+35 approved by the budget agency biennially in even-numbered years
337+36 before implementation.
338+37 SECTION 9. IC 5-2-1-20, AS ADDED BY P.L.102-2017,
339+38 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
340+39 JULY 1, 2022]: Sec. 20. In conjunction with the Indiana commission
341+40 to combat drug abuse substance use disorder established by
342+41 IC 4-3-25-3 and the division of mental health and addiction, the board
343+42 may establish the Indiana technical assistance center for crisis
344+EH 1075—LS 6784/DI 148 8
345+1 intervention teams under IC 5-2-21.2.
346+2 SECTION 10. IC 5-2-11-1.6, AS AMENDED BY P.L.40-2020,
347+3 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
348+4 JULY 1, 2022]: Sec. 1.6. As used in this chapter, "local coordinating
349+5 council" means a countywide, collaborative citizen body that is open
350+6 to the public and approved by the Indiana commission to combat drug
351+7 abuse substance use disorder established by IC 4-3-25-3 to plan,
352+8 implement, monitor, and evaluate local comprehensive community
353+9 plans.
354+10 SECTION 11. IC 5-2-21.2-5, AS AMENDED BY P.L.102-2017,
355+11 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
356+12 JULY 1, 2022]: Sec. 5. As used in this chapter, "technical assistance
357+13 center" means a center established by the board in conjunction with the
358+14 Indiana commission to combat drug abuse substance use disorder
359+15 established by IC 4-3-25-3 and the division of mental health and
360+16 addiction under IC 5-2-1-20 to support the development and
361+17 sustainability of local crisis intervention teams.
362+18 SECTION 12. IC 5-20-9-6, AS ADDED BY P.L.103-2017,
363+19 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
364+20 JULY 1, 2022]: Sec. 6. (a) The Indiana housing first program is
365+21 established to provide housing and support services for eligible
366+22 persons. The program shall be administered by the authority. The
367+23 Indiana commission to combat drug abuse substance use disorder
368+24 established under IC 4-3-25-3 may award grants to the authority for the
369+25 purposes of the program. Not later than January 1, 2018, the authority
370+26 shall establish policies and procedures to implement and administer the
371+27 program. The policies and procedures established by the authority
372+28 under this section must ensure that the program does the following:
373+29 (1) Provides eligible program participants with affordable and
374+30 safe housing through program rental assistance to be used in
375+31 dedicated supportive housing units and in existing market units in
376+32 the community.
377+33 (2) Includes a plan for the:
378+34 (A) initial leasing of; and
379+35 (B) management of rental assistance through the affordability
380+36 period for;
381+37 supportive housing developed under the program.
382+38 (3) Provides eligible program participants with support services,
383+39 including:
384+40 (A) employment assistance and job training;
385+41 (B) substance abuse and addiction treatment;
386+42 (C) educational assistance;
387+EH 1075—LS 6784/DI 148 9
388+1 (D) life skills assistance; and
389+2 (E) treatment for, and the management of, mental and physical
390+3 health problems;
391+4 that are predicated on assertive engagement rather than coercion.
392+5 Support services described in clause (B) must be predicated on a
393+6 harm reduction approach to addiction, rather than mandating
394+7 abstinence, while supporting a program participant's commitment
395+8 to recovery.
396+9 (4) Grants eligible persons who have a high degree of medical
397+10 vulnerability priority as participants in the program.
398+11 (5) Provides program participants with leases and tenant
399+12 protections as provided by law.
400+13 (6) Establishes annual goals to:
401+14 (A) reduce the number of individuals cycling through
402+15 chemical addiction programs;
403+16 (B) provide long term supports for individuals dually
404+17 diagnosed with:
405+18 (i) a serious and persistent mental illness; and
406+19 (ii) a chronic chemical addiction;
407+20 (C) increase the housing stability of persons with mental
408+21 illness or other behavioral health issues; and
409+22 (D) increase positive health indicators for all program
410+23 participants;
411+24 in Indiana as a whole and in particular regions, communities, and
412+25 metropolitan statistical areas within Indiana, through the program
413+26 and support services provided under the program. The goals
414+27 required by this subdivision must be based on data collected by
415+28 the authority and the authority's partners.
416+29 (7) Includes partnerships with public entities and private entities,
417+30 including any of the following, to provide support services and a
418+31 continuum of care for eligible program participants:
419+32 (A) Nonprofit or faith based organizations providing services
420+33 to individuals and families in the program's target population.
421+34 (B) Units of local government.
422+35 (C) School corporations and schools.
423+36 (D) Businesses.
424+37 (E) Public housing agencies.
425+38 (F) Social service providers.
426+39 (G) Mental health providers.
427+40 (H) Hospitals.
428+41 (I) Affordable housing developers and providers.
429+42 (J) Law enforcement agencies and correctional facilities.
430+EH 1075—LS 6784/DI 148 10
431+1 (K) Organizations serving homeless veterans.
432+2 (L) Organizations serving victims of domestic violence.
433+3 (M) Universities.
434+4 (N) Other public or private entities the authority considers
435+5 appropriate to partner with to accomplish the purposes of the
436+6 program.
437+7 (b) In establishing the policies and procedures required by this
438+8 section, the authority may collaborate with or seek guidance from:
439+9 (1) other appropriate state agencies, including the department of
440+10 correction, the state department of health, and the office of the
441+11 secretary of family and social services (and the appropriate
442+12 divisions within the office of the secretary of family and social
443+13 services);
444+14 (2) officials in other states or municipalities that have
445+15 implemented housing first programs or other similar programs;
446+16 and
447+17 (3) any of the entities listed in subsection (a)(7).
448+18 SECTION 13. IC 7.1-2-2-13, AS AMENDED BY P.L.234-2007,
449+19 SECTION 305, IS AMENDED TO READ AS FOLLOWS
450+20 [EFFECTIVE JULY 1, 2022]: Sec. 13. (a) The alcohol and tobacco
451+21 commission shall categorize salaries of enforcement officers within
452+22 each rank based upon the rank held and the number of years of service
453+23 in the commission through the twentieth year. The salary ranges that
454+24 the board assigns to each rank shall be divided into a base salary and
455+25 twenty (20) increments above the base salary with:
456+26 (1) the base salary in the rank paid to a person with less than one
457+27 (1) year of service in the commission; and
458+28 (2) the highest salary in the rank paid to a person with at least
459+29 twenty (20) years of service in the commission.
460+30 (b) The salary matrix prescribed by this section shall be reviewed
461+31 and approved by the budget agency biennially in even-numbered
462+32 years before implementation.
463+33 (c) The salary matrix prescribed by this section must have parity
464+34 with the salary matrix prescribed by the natural resources commission
465+35 under IC 14-9-8 for conservation officers of the department of natural
466+36 resources. The budget agency shall approve a salary matrix that meets
467+37 the parity requirement of this subsection.
468+38 SECTION 14. IC 8-10-9-3, AS AMENDED BY P.L.197-2011,
469+39 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
470+40 JULY 1, 2022]: Sec. 3. (a) There is established in each city to which
471+41 this chapter applies a waterway management district.
472+42 (b) The district includes all territory, including both dry land and
473+EH 1075—LS 6784/DI 148 11
474+1 water, within a distance of one-half (1/2) mile on either side of the
475+2 center line of any waterway within the city in which the district is
476+3 established, excluding the land and water occupied by any marina
477+4 owned by a unit of government located in the corridor (as defined in
478+5 IC 36-7-13.5-1). strip of land in Indiana abutting Lake Michigan
479+6 and the tributaries of Lake Michigan.
480+7 (c) The district boundary is formed by an imaginary line one-half
481+8 (1/2) mile distant from the center line of a waterway in all directions.
482+9 However, the boundary of the district does not extend beyond the
483+10 boundaries of the city in which the district is located in those areas
484+11 where the city boundary is located less than one-half (1/2) mile from
485+12 the center line of a waterway.
486+13 SECTION 15. IC 10-11-2-13, AS AMENDED BY P.L.234-2007,
487+14 SECTION 306, IS AMENDED TO READ AS FOLLOWS
488+15 [EFFECTIVE JULY 1, 2022]: Sec. 13. (a) The board shall categorize
489+16 salaries of police employees within each rank based upon the rank held
490+17 and the number of years of service in the department through the
491+18 twentieth year. The salary ranges the board assigns to each rank shall
492+19 be divided into a base salary and twenty (20) increments above the base
493+20 salary, with:
494+21 (1) the base salary in the rank paid to a person with less than one
495+22 (1) year of service in the department; and
496+23 (2) the highest salary in the rank paid to a person with at least
497+24 twenty (20) years of service in the department.
498+25 (b) The salary matrix prescribed by this section shall be reviewed
499+26 and approved by the budget agency biennially in even-numbered
500+27 years before implementation.
501+28 SECTION 16. IC 10-11-2-27, AS AMENDED BY P.L.234-2007,
502+29 SECTION 304, IS AMENDED TO READ AS FOLLOWS
503+30 [EFFECTIVE JULY 1, 2022]: Sec. 27. (a) The board shall categorize
504+31 salaries of motor carrier inspectors within each rank based upon the
505+32 rank held and the number of years of service in the department through
506+33 the tenth year. The salary ranges the board assigns to each rank shall be
507+34 divided into a base salary and ten (10) increments above the base
508+35 salary, with:
509+36 (1) the base salary in the rank paid to a person with less than one
510+37 (1) year of service in the department; and
511+38 (2) the highest salary in the rank paid to a person with at least ten
512+39 (10) years of service in the department.
513+40 (b) For purposes of creating the salary matrix prescribed by this
514+41 section, the board may not approve salary ranges for any rank that are
515+42 less than the salary ranges effective for that rank on January 1, 1995.
516+EH 1075—LS 6784/DI 148 12
517+1 (c) The salary matrix prescribed by this section:
518+2 (1) shall be reviewed and approved by the budget agency
519+3 biennially in even-numbered years before implementation; and
520+4 (2) must include the job classifications of motor carrier district
521+5 coordinator, motor carrier zone coordinator, and motor carrier
522+6 administrator.
523+7 SECTION 17. IC 10-11-2-28.5, AS ADDED BY P.L.83-2006,
524+8 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
525+9 JULY 1, 2022]: Sec. 28.5. (a) After June 30, 2007, the board shall use
526+10 a salary matrix that categorizes salaries of capitol police officers
527+11 described in section 28 of this chapter within each rank based upon the
528+12 rank held and the number of years of service in the department through
529+13 the tenth year. The salary ranges the board assigns to each rank shall be
530+14 divided into a base salary and ten (10) increments above the base
531+15 salary, with:
532+16 (1) the base salary in the rank paid to a capitol police officer with
533+17 less than one (1) year of service in the department; and
534+18 (2) the highest salary in the rank paid to a capitol police officer
535+19 with at least ten (10) years of service in the department.
536+20 (b) For purposes of creating the salary matrix prescribed by this
537+21 section, the board may not approve salary ranges for any rank of capitol
538+22 police officers that are less than the salary ranges effective for that rank
539+23 on January 1, 2006.
540+24 (c) The salary matrix prescribed by this section shall be reviewed
541+25 and approved by the budget agency biennially in even-numbered
542+26 years before implementation.
543+27 (d) The salary matrix developed under subsection (a) must use the
544+28 same percentage differentials between increments that are used for the
545+29 salary matrix for police employees under IC 10-11-2-13.
546+30 SECTION 18. IC 12-23-19-2, AS AMENDED BY P.L.57-2021,
547+31 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
548+32 JULY 1, 2022]: Sec. 2. (a) An individual is eligible for mental health
549+33 and addiction forensic treatment services if:
550+34 (1) subject to subsection (d), the individual:
551+35 (A) is a member of a household with an annual income that
552+36 does not exceed two hundred percent (200%) of the federal
553+37 income poverty level;
554+38 (B) is a resident of Indiana;
555+39 (C) is:
556+40 (i) at least eighteen (18) years of age; or
557+41 (ii) subject to the approval of the Indiana commission to
558+42 combat drug abuse, substance use disorder, less than
559+EH 1075—LS 6784/DI 148 13
560+1 eighteen (18) years of age and the individual is a defendant
561+2 whose case is either waived from juvenile court to adult
562+3 court or directly filed in adult court; and
563+4 (D) has entered the criminal justice system as a felon or with
564+5 a prior felony conviction or is ordered to be committed for
565+6 competency restoration services as described in
566+7 IC 35-36-3-1(b); and
567+8 (2) subject to subsection (b), reimbursement for the service is not
568+9 available to the individual through any of the following:
569+10 (A) A policy of accident and sickness insurance (IC 27-8-5).
570+11 (B) A health maintenance organization contract (IC 27-13).
571+12 (C) The Medicaid program (IC 12-15), excluding the Medicaid
572+13 rehabilitation program and the Behavioral and Primary Health
573+14 Coordination Program under Section 1915(i) of the Social
574+15 Security Act.
575+16 (D) The federal Medicare program or any other federal
576+17 assistance program.
577+18 (b) If an individual is not entitled to reimbursement from the sources
578+19 described in subsection (a)(2) of the full amount of the cost of the
579+20 mental health and addiction forensic treatment services, grants and
580+21 vouchers under this chapter may be used to provide those services to
581+22 the extent that the costs of those services exceed the reimbursement the
582+23 individual is entitled to receive from the sources described in
583+24 subsection (a)(2), excluding any copayment or deductible that the
584+25 individual is required to pay.
585+26 (c) The division shall determine the extent to which an individual
586+27 who is provided mental health and addiction forensic treatment
587+28 services under this chapter is entitled to receive reimbursement from
588+29 the sources described in subsection (a)(2).
589+30 (d) Notwithstanding subsection (a)(1)(D), subject to available
590+31 funding and on the recommendation of the justice reinvestment
591+32 advisory council (established by IC 33-38-9.5-2), the division may
592+33 operate a pilot program applying the eligibility criteria in this section
593+34 to individuals who are charged with a misdemeanor. If the division
594+35 operates a pilot program under this subsection, the division shall issue
595+36 annual reports to the justice reinvestment advisory council.
596+37 SECTION 19. IC 12-23-21-2, AS ADDED BY P.L.168-2017,
597+38 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
598+39 JULY 1, 2022]: Sec. 2. (a) Subject to the approval of the Indiana
599+40 commission to combat drug abuse, substance use disorder, the
600+41 physician medication assisted treatment training reimbursement pilot
601+42 program is established to provide reimbursement to physicians who
602+EH 1075—LS 6784/DI 148 14
603+1 meet the requirements of section 3 of this chapter, for the purpose of
604+2 increasing the number of qualified physicians in Indiana with training
605+3 in medication assisted treatment.
606+4 (b) The division shall administer the program.
607+5 SECTION 20. IC 12-23-21.2-2, AS AMENDED BY P.L.222-2019,
608+6 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
609+7 JULY 1, 2022]: Sec. 2. (a) Subject to the approval of the Indiana
610+8 commission to combat drug abuse, substance use disorder, the
611+9 division of mental health and addiction shall establish an opioid
612+10 treatment pilot program for opioid use disorder.
613+11 (b) The program shall be designed to assist participants in
614+12 overcoming opioid use disorder by providing inpatient, residential, and
615+13 outpatient opioid treatment services.
616+14 (c) An individual is eligible to participate in the program if the
617+15 individual is:
618+16 (1) at least eighteen (18) years of age;
619+17 (2) not being charged with a felony or misdemeanor; and
620+18 (3) incapacitated by opioid use disorder as demonstrated by the
621+19 fact that the individual is at serious risk of injury or death due to
622+20 abuse of opioids.
623+21 (d) The division shall establish the program in the following
624+22 counties:
625+23 (1) Tippecanoe County.
626+24 (2) Marion County.
627+25 (3) Wayne County.
628+26 (e) A county may use:
629+27 (1) outpatient commitment proceedings under IC 12-26-14; and
630+28 (2) commitment proceedings under IC 12-26;
631+29 in appropriate cases if a person meets the requirements of the statute.
632+30 SECTION 21. IC 12-23-23-0.5, AS ADDED BY P.L.195-2018,
633+31 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
634+32 JULY 1, 2022]: Sec. 0.5. This chapter is subject to the approval of the
635+33 Indiana commission to combat drug abuse. substance use disorder.
636+34 SECTION 22. IC 14-9-8-28, AS AMENDED BY P.L.234-2007,
637+35 SECTION 307, IS AMENDED TO READ AS FOLLOWS
638+36 [EFFECTIVE JULY 1, 2022]: Sec. 28. (a) The natural resources
639+37 commission shall categorize salaries of enforcement officers within
640+38 each rank based upon the rank held and the number of years of service
641+39 in the department through the twentieth year. The salary ranges that the
642+40 commission assigns to each rank shall be divided into a base salary and
643+41 twenty (20) increments above the base salary with:
644+42 (1) the base salary in the rank paid to a person with less than one
645+EH 1075—LS 6784/DI 148 15
646+1 (1) year of service in the department; and
647+2 (2) the highest salary in the rank paid to a person with at least
648+3 twenty (20) years of service in the department.
649+4 (b) The salary matrix prescribed by this section shall be reviewed
650+5 and approved by the state budget agency biennially in even-numbered
651+6 years before implementation.
652+7 (c) The salaries for law enforcement officers of the law enforcement
653+8 division of the department must be equal to the salaries of police
654+9 employees of the state police department under IC 10-11-2-13, based
655+10 upon years of service in the department and rank held.
656+11 (d) The requirement of subsection (c) does not affect:
657+12 (1) any rights or liabilities accrued; or
658+13 (2) any proceedings begun;
659+14 on or before June 30, 1999. Those rights, liabilities, and proceedings
660+15 continue and shall be imposed and enforced under prior civil law and
661+16 procedure as if the requirement of subsection (c) had not been enacted.
662+17 SECTION 23. IC 16-35-10-2, AS ADDED BY P.L.174-2017,
663+18 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
664+19 JULY 1, 2022]: Sec. 2. Subject to the approval of the Indiana
665+20 commission to combat drug abuse, substance use disorder, the opioid
666+21 addiction recovery pilot program for pregnant women and women with
667+22 newborns is established to assist pregnant women and women with
668+23 newborns by providing substance abuse and addiction treatment in a
669+24 residential care facility and providing home visitation services.
670+25 SECTION 24. IC 33-38-9.5-2, AS AMENDED BY P.L.207-2021,
671+26 SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
672+27 JULY 1, 2022]: Sec. 2. (a) The justice reinvestment advisory council
673+28 is established. The advisory council consists of the following members:
674+29 (1) The executive director of the Indiana public defender council
675+30 or the executive director's designee.
676+31 (2) The executive director of the Indiana prosecuting attorneys
677+32 council or the executive director's designee.
678+33 (3) The director of the division of mental health and addiction or
679+34 the director's designee.
680+35 (4) The president of the Indiana Sheriffs' Association or the
681+36 president's designee.
682+37 (5) The commissioner of the Indiana department of correction or
683+38 the commissioner's designee.
684+39 (6) The chief administrative officer of the office of judicial
685+40 administration or the chief administrative officer's designee.
686+41 (7) The executive director of the Indiana criminal justice institute
687+42 or the executive director's designee.
688+EH 1075—LS 6784/DI 148 16
689+1 (8) The president of the Indiana Association of Community
690+2 Corrections Act Counties or the president's designee.
691+3 (9) The president of the Probation Officers Professional
692+4 Association of Indiana or the president's designee.
693+5 (10) The budget director or the budget director's designee.
694+6 (11) The executive director of the Association of Indiana Counties
695+7 or the executive director's designee.
696+8 (12) The president of the Indiana Judges Association or the
697+9 president's designee.
698+10 (13) The chair of the Indiana public defender commission or the
699+11 chair's designee.
700+12 (14) The chair of the senate corrections and criminal law
701+13 committee or the chair's designee.
702+14 (15) The ranking minority member of the senate corrections and
703+15 criminal law committee or the ranking minority member's
704+16 designee.
705+17 (16) The chair of the house courts and criminal code committee
706+18 or the chair's designee.
707+19 (17) The ranking minority member of the house courts and
708+20 criminal code committee or the ranking minority member's
709+21 designee.
710+22 (18) The governor or the governor's designee.
711+23 (19) The president and chief executive officer of the Indiana
712+24 Council of Community Mental Health Centers or the president
713+25 and chief executive officer's designee.
714+26 (20) The president and chief executive officer of Mental Health
715+27 America of Indiana or the president and chief executive officer's
716+28 designee.
717+29 (b) The chief justice or the chief justice's designee shall serve as
718+30 chairperson of the advisory council.
719+31 (c) The duties of the advisory council include:
720+32 (1) reviewing and evaluating state and local criminal justice
721+33 systems and corrections programs, including pretrial services,
722+34 behavioral health treatment and recovery services, community
723+35 corrections, county jails, parole, and probation services;
724+36 (2) reviewing the processes used by the department of correction
725+37 and the division of mental health and addiction in awarding
726+38 grants;
727+39 (3) reviewing and evaluating jail overcrowding to identify a range
728+40 of possible solutions;
729+41 (4) coordinating with other criminal justice funding sources;
730+42 (5) establishing committees to inform the work of the advisory
731+EH 1075—LS 6784/DI 148 17
732+1 council; and
733+2 (6) performing other relevant duties as determined by the advisory
734+3 council.
735+4 (d) The advisory council may make recommendations to:
736+5 (1) the department of correction, community corrections advisory
737+6 boards, and the division of mental health and addiction
738+7 concerning the award of grants;
739+8 (2) criminal justice systems and corrections programs concerning
740+9 best practices to improve outcomes of persons under supervision;
741+10 (3) the Indiana general assembly concerning legislation and
742+11 funding for criminal justice initiatives;
743+12 (4) the Indiana criminal justice institute concerning criminal
744+13 justice funding priorities;
745+14 (5) the office of judicial administration concerning veterans
746+15 problem-solving court grants; and
747+16 (6) the county sheriffs concerning strategies to address jail
748+17 overcrowding and implementing evidence based practices for
749+18 reducing recidivism for individuals in county jails.
750+19 (e) The office of judicial administration shall staff the advisory
751+20 council.
752+21 (f) The expenses of the advisory council shall be paid by the office
753+22 of judicial administration from funds appropriated to the office of
754+23 judicial administration for the administrative costs of the justice
755+24 reinvestment advisory council.
756+25 (g) A member of the advisory council is not entitled to the minimum
757+26 salary per diem provided by IC 4-10-11-2.1(b). The member is,
758+27 however, entitled to reimbursement for traveling expenses as provided
759+28 under IC 4-13-1-4 and other expenses actually incurred in connection
760+29 with the member's duties as provided in the state policies and
761+30 procedures established by the Indiana department of administration and
762+31 approved by the budget agency.
763+32 (h) The affirmative votes of a majority of the voting members
764+33 appointed to the advisory council are required for the advisory council
765+34 to take action on any measure.
766+35 (i) The advisory council shall meet as necessary to:
767+36 (1) work with the department of correction and the division of
768+37 mental health and addiction to establish the grant criteria and
769+38 grant reporting requirements described in subsection (l);
770+39 (2) review grant applications;
771+40 (3) make recommendations and provide feedback to the
772+41 department of correction and the division of mental health and
773+42 addiction concerning grants to be awarded;
774+EH 1075—LS 6784/DI 148 18
775+1 (4) review grants awarded by the department of correction and the
776+2 division of mental health and addiction; and
777+3 (5) suggest areas and programs in which the award of future
778+4 grants might be beneficial.
779+5 (j) The advisory council, in conjunction with the Indiana criminal
780+6 justice institute, shall jointly issue an annual report under IC 5-2-6-24.
781+7 (k) The advisory council shall review the composition of the
782+8 community corrections advisory board described in IC 11-12-2-2
783+9 and make a recommendation to the legislative council in an
784+10 electronic format under IC 5-14-6 before November 1, 2022,
785+11 regarding how to reduce the membership of a community
786+12 corrections advisory board and the recommended membership for
787+13 a community corrections advisory board.
788+14 (k) (l) Any entity that receives funds:
789+15 (1) recommended by the advisory council; and
790+16 (2) appropriated by the department of correction;
791+17 for the purpose of providing additional treatment or supervision
792+18 services shall provide the information described in subsection (l) (m)
793+19 to the department of correction to aid in the compilation of the report
794+20 described in subsection (j).
795+21 (l) (m) The department of correction shall provide the advisory
796+22 council with the following information:
797+23 (1) The total number of participants, categorized by level of most
798+24 serious offense, who were served by the entity through funds
799+25 described in subsection (k). (l).
800+26 (2) The percentage of participants, categorized by level of most
801+27 serious offense, who completed a treatment program, service, or
802+28 level of supervision.
803+29 (3) The percentage of participants, categorized by level of most
804+30 serious offense, who were discharged from a treatment program,
805+31 service, or level of supervision.
806+32 (4) The percentage of participants, categorized by level of most
807+33 serious offense, who:
808+34 (A) completed a funded treatment program, service, or level of
809+35 supervision; and
810+36 (B) were subsequently committed to the department of
811+37 correction;
812+38 within twenty-four (24) months after completing the funded
813+39 treatment program, service, or level of supervision.
814+40 (5) The percentage of participants, categorized by level of most
815+41 serious offense, who were:
816+42 (A) discharged from a funded treatment program, service, or
817+EH 1075—LS 6784/DI 148 19
818+1 level of supervision; and
819+2 (B) subsequently committed to the department of correction;
820+3 within twenty-four (24) months after being discharged from the
821+4 funded treatment program, service, or level of supervision.
822+5 (6) The total number of participants who completed a funded
823+6 treatment program, service, or level of supervision.
824+7 (7) The total number of participants who:
825+8 (A) completed a funded treatment program, service, or level of
826+9 supervision; and
827+10 (B) were legally employed.
828+11 (8) Any other information relevant to the funding of the entity as
829+12 described in subsection (k). (l).
830+13 SECTION 25. IC 36-1-12-3, AS AMENDED BY P.L.43-2019,
831+14 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
832+15 JULY 1, 2022]: Sec. 3. (a) The board may purchase or lease materials
833+16 in the manner provided in IC 5-22 and perform any public work, by
834+17 means of its own workforce, without awarding a contract whenever the
835+18 cost of that public work project is estimated to be less than two hundred
836+19 fifty thousand dollars ($250,000). Before a board may perform any
837+20 work under this section by means of its own workforce, the political
838+21 subdivision or agency must have a group of employees on its staff who
839+22 are capable of performing the construction, maintenance, and repair
840+23 applicable to that work. For purposes of this subsection, the cost of a
841+24 public work project includes:
842+25 (1) the actual cost of materials, labor, equipment, and rental;
843+26 (2) a reasonable rate for use of trucks and heavy equipment
844+27 owned; and
845+28 (3) all other expenses incidental to the performance of the project.
846+29 (b) This subsection applies only to a municipality or a county. The
847+30 workforce of a municipality or county may perform a public work
848+31 described in subsection (a) only if:
849+32 (1) the workforce, through demonstrated skills, training, or
850+33 expertise, is capable of performing the public work; and
851+34 (2) for a public work project under subsection (a) whose cost is
852+35 estimated to be more than one hundred thousand dollars
853+36 ($100,000), the board:
854+37 (A) publishes a notice under IC 5-3-1 that:
855+38 (i) describes the public work that the board intends to
856+39 perform with its own workforce; and
857+40 (ii) sets forth the projected cost of each component of the
858+41 public work as described in subsection (a); and
859+42 (B) determines at a public meeting that it is in the public
860+EH 1075—LS 6784/DI 148 20
861+1 interest to perform the public work with the board's own
862+2 workforce.
863+3 A public work project performed by a board's own workforce must be
864+4 inspected and accepted as complete in the same manner as a public
865+5 work project performed under a contract awarded after receiving bids.
866+6 (c) When the project involves the rental of equipment with an
867+7 operator furnished by the owner, or the installation or application of
868+8 materials by the supplier of the materials, the project is considered to
869+9 be a public work project and subject to this chapter. However, an
870+10 annual contract may be awarded for equipment rental and materials to
871+11 be installed or applied during a calendar or fiscal year if the proposed
872+12 project or projects are described in the bid specifications.
873+13 (d) A board of aviation commissioners or an airport authority board
874+14 may purchase or lease materials in the manner provided in IC 5-22 and
875+15 perform any public work by means of its own workforce and owned or
876+16 leased equipment, in the construction, maintenance, and repair of any
877+17 airport roadway, runway, taxiway, or aircraft parking apron whenever
878+18 the cost of that public work project is estimated to be less than one
879+19 hundred fifty thousand dollars ($150,000).
880+20 (e) Municipal and county hospitals must comply with this chapter
881+21 for all contracts for public work that are financed in whole or in part
882+22 with cumulative building fund revenue, as provided in section 1(c) of
883+23 this chapter. However, if the cost of the public work is estimated to be
884+24 less than fifty thousand dollars ($50,000), as reflected in the board
885+25 minutes, the hospital board may have the public work done without
886+26 receiving bids, by purchasing the materials and performing the work by
887+27 means of its own workforce and owned or leased equipment.
888+28 (f) If a public works project involves a structure, an improvement,
889+29 or a facility under the control of a department (as defined in
890+30 IC 4-3-19-2(2)), public highway department that is under the
891+31 political control of a unit (as defined in IC 36-1-2-23) and involved
892+32 in the construction, maintenance, or repair of a public highway (as
893+33 defined in IC 9-25-2-4), the department may not artificially divide the
894+34 project to bring any part of the project under this section.
895+35 SECTION 26. IC 36-7-11.5-1, AS AMENDED BY P.L.234-2007,
896+36 SECTION 282, IS AMENDED TO READ AS FOLLOWS
897+37 [EFFECTIVE JULY 1, 2022]: Sec. 1. (a) As used in this chapter,
898+38 "advisory board" refers to the Orange County development advisory
899+39 board established by section 12 of this chapter.
900+40 (b) (a) As used in this chapter, "development commission" refers to
901+41 the Orange County development commission established by section 3.5
902+42 of this chapter.
903+EH 1075—LS 6784/DI 148 21
904+1 (c) (b) As used in this chapter, "historic hotel" has the meaning set
905+2 forth in IC 4-33-2-11.1.
906+3 (d) (c) As used in this chapter, "hotel riverboat resort" refers to the
907+4 historic hotels, the riverboat operated under IC 4-33-6.5, and other
908+5 properties operated in conjunction with the riverboat enterprise located
909+6 in Orange County.
910+7 (e) (d) As used in this chapter, "qualified historic hotel" refers to a
911+8 historic hotel that has an atrium that includes a dome that is at least two
912+9 hundred (200) feet in diameter.
913+10 SECTION 27. IC 36-7-11.5-12 IS REPEALED [EFFECTIVE JULY
914+11 1, 2022]. Sec. 12. (a) The Orange County development advisory board
915+12 is established for the purpose of advising the development commission
916+13 established under section 3.5 of this chapter.
917+14 (b) The advisory board consists of five (5) members appointed as
918+15 follows:
919+16 (1) One (1) individual appointed by the speaker of the house of
920+17 representatives.
921+18 (2) One (1) individual appointed by the president pro tempore of
922+19 the senate.
923+20 (3) One (1) individual appointed by the Orange County
924+21 convention and visitors bureau.
925+22 (4) Two (2) individuals appointed by the chief operating officer
926+23 of the hotel riverboat resort.
927+24 (c) Except as provided in subsection (d), the members of the
928+25 advisory board shall each serve for a term of four (4) years. A vacancy
929+26 shall be filled for the duration of the term by the original appointing
930+27 authority.
931+28 (d) The member appointed under subsection (b)(3) shall serve an
932+29 initial term of one (1) year. As determined by the appointing authority,
933+30 the two (2) members appointed under subsection (b)(4) shall serve
934+31 initial terms of two (2) and three (3) years respectively.
935+32 (e) A member of the advisory board is not entitled to a salary per
936+33 diem. However, a member is entitled to reimbursement for travel
937+34 expenses incurred in connection with the member's duties, as provided
938+35 in the state travel policies and procedures established by the
939+36 department of administration and approved by the budget agency.
940+37 SECTION 28. IC 36-7-13.5 IS REPEALED [EFFECTIVE JULY 1,
941+38 2022]. (Shoreline Development).
942+39 SECTION 29. IC 36-7.5-1-12, AS AMENDED BY P.L.197-2011,
943+40 SECTION 146, IS AMENDED TO READ AS FOLLOWS
944+41 [EFFECTIVE JULY 1, 2022]: Sec. 12. "Eligible political subdivision"
945+42 means the following:
946+EH 1075—LS 6784/DI 148 22
947+1 (1) An airport authority.
948+2 (2) A commuter transportation district.
949+3 (3) A regional bus authority under IC 36-9-3-2(c).
950+4 (4) A regional transportation authority established under
951+5 IC 36-9-3-2.
952+6 (5) The Lake Michigan marina and shoreline development
953+7 commission under IC 36-7-13.5.
954+8 SECTION 30. IC 36-7.5-1-12.4 IS REPEALED [EFFECTIVE JULY
955+9 1, 2022]. Sec. 12.4. "Lake Michigan marina and shoreline development
956+10 commission" means the commission established by IC 36-7-13.5-2.
957+11 SECTION 31. IC 36-7.5-1-12.5 IS REPEALED [EFFECTIVE JULY
958+12 1, 2022]. Sec. 12.5. "Lake Michigan marina and shoreline development
959+13 commission project" means a project that can be financed with the
960+14 proceeds of bonds issued by the Lake Michigan marina and shoreline
961+15 development commission.
962+16 SECTION 32. IC 36-7.5-1-13, AS AMENDED BY P.L.197-2011,
963+17 SECTION 149, IS AMENDED TO READ AS FOLLOWS
964+18 [EFFECTIVE JULY 1, 2022]: Sec. 13. "Project" means an airport
965+19 authority project, a commuter transportation district project, an
966+20 economic development project, a regional bus authority project, or a
967+21 regional transportation authority project. or a Lake Michigan marina
968+22 and shoreline development commission project.
969+23 SECTION 33. IC 36-7.5-2-1, AS AMENDED BY P.L.229-2017,
970+24 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
971+25 JULY 1, 2022]: Sec. 1. The northwest Indiana regional development
972+26 authority is established as a separate body corporate and politic to carry
973+27 out the purposes of this article by:
974+28 (1) acquiring, constructing, equipping, owning, leasing, and
975+29 financing projects and facilities for lease to or for the benefit of
976+30 eligible political subdivisions under this article in accordance
977+31 with IC 36-7.5-3-1.5;
978+32 (2) funding and developing the Gary/Chicago International
979+33 Airport expansion and other airport authority projects, commuter
980+34 transportation district and other rail projects and services,
981+35 regional bus authority projects and services, regional
982+36 transportation authority projects and services, Lake Michigan
983+37 marina and shoreline development projects and activities, and
984+38 economic development projects in northwestern Indiana;
985+39 (3) assisting with the funding of infrastructure needed to sustain
986+40 development of an intermodal facility in northwestern Indiana;
987+41 (4) funding and developing regional transportation infrastructure
988+42 projects under IC 36-9-43; and
989+EH 1075—LS 6784/DI 148 23
990+1 (5) studying and evaluating destination based economic
991+2 development projects that have:
992+3 (A) an identified market;
993+4 (B) identified funding sources and these funding sources
994+5 include at least fifty percent (50%) from nongovernmental
995+6 sources; and
996+7 (C) a demonstrable short and long term local and regional
997+8 economic impact, as verified by an independent economic
998+9 analysis.
999+10 An economic analysis conducted under clause (C) must be
1000+11 submitted to the budget committee at least thirty (30) days before
1001+12 review is sought for the project under IC 36-7.5-3-1.5.
1002+13 SECTION 34. IC 36-7.5-3-1, AS AMENDED BY P.L.189-2018,
1003+14 SECTION 168, IS AMENDED TO READ AS FOLLOWS
1004+15 [EFFECTIVE JULY 1, 2022]: Sec. 1. The development authority shall
1005+16 do the following:
1006+17 (1) Subject to sections 1.5 and 1.7 of this chapter, assist in the
1007+18 coordination of local efforts concerning projects.
1008+19 (2) Assist a commuter transportation district, an airport authority,
1009+20 the Lake Michigan marina and shoreline development
1010+21 commission, a regional transportation authority, and a regional
1011+22 bus authority in coordinating regional transportation and
1012+23 economic development efforts.
1013+24 (3) Subject to sections 1.5 and 1.7 of this chapter, fund projects
1014+25 as provided in this article.
1015+26 (4) Fund bus services (including fixed route services and flexible
1016+27 or demand-responsive services) and projects related to bus
1017+28 services and bus terminals, stations, or facilities.
1018+29 SECTION 35. IC 36-7.5-3-2, AS AMENDED BY P.L.229-2017,
1019+30 SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1020+31 JULY 1, 2022]: Sec. 2. (a) The development authority may do any of
1021+32 the following:
1022+33 (1) Finance, improve, construct, reconstruct, renovate, purchase,
1023+34 lease, acquire, and equip land and projects located in an eligible
1024+35 county or eligible municipality.
1025+36 (2) Lease land or a project to an eligible political subdivision.
1026+37 (3) Finance and construct additional improvements to projects or
1027+38 other capital improvements owned by the development authority
1028+39 and lease them to or for the benefit of an eligible political
1029+40 subdivision.
1030+41 (4) Acquire land or all or a portion of one (1) or more projects
1031+42 from an eligible political subdivision by purchase or lease and
1032+EH 1075—LS 6784/DI 148 24
1033+1 lease the land or projects back to the eligible political subdivision,
1034+2 with any additional improvements that may be made to the land
1035+3 or projects.
1036+4 (5) Acquire all or a portion of one (1) or more projects from an
1037+5 eligible political subdivision by purchase or lease to fund or
1038+6 refund indebtedness incurred on account of the projects to enable
1039+7 the eligible political subdivision to make a savings in debt service
1040+8 obligations or lease rental obligations or to obtain relief from
1041+9 covenants that the eligible political subdivision considers to be
1042+10 unduly burdensome.
1043+11 (6) Make loans, loan guarantees, and grants or provide other
1044+12 financial assistance to or on behalf of the following:
1045+13 (A) A commuter transportation district.
1046+14 (B) An airport authority or airport development authority.
1047+15 (C) The Lake Michigan marina and shoreline development
1048+16 commission.
1049+17 (D) (C) A regional bus authority. A loan, loan guarantee,
1050+18 grant, or other financial assistance under this clause may be
1051+19 used by a regional bus authority for acquiring, improving,
1052+20 operating, maintaining, financing, and supporting the
1053+21 following:
1054+22 (i) Bus services (including fixed route services and flexible
1055+23 or demand-responsive services) that are a component of a
1056+24 public transportation system.
1057+25 (ii) Bus terminals, stations, or facilities or other regional bus
1058+26 authority projects.
1059+27 (E) (D) A regional transportation authority.
1060+28 (F) (E) A member municipality that is eligible to make an
1061+29 appointment to the development board under
1062+30 IC 36-7.5-2-3(b)(2) and that has pledged admissions tax
1063+31 revenue for a bond anticipation note after March 31, 2014, and
1064+32 before June 30, 2015. However, a loan made to such a member
1065+33 municipality before June 30, 2016, under this clause must
1066+34 have a term of not more than ten (10) years, must require
1067+35 annual level debt service payments, and must have a market
1068+36 based interest rate. If a member municipality defaults on the
1069+37 repayment of a loan made under this clause, the development
1070+38 authority shall notify the treasurer of state of the default and
1071+39 the treasurer of state shall:
1072+40 (i) withhold from any funds held for distribution to the
1073+41 municipality under IC 4-33-12, or IC 4-33-13 an amount
1074+42 sufficient to cure the default; and
1075+EH 1075—LS 6784/DI 148 25
1076+1 (ii) pay that amount to the development authority.
1077+2 (7) Provide funding to assist a railroad that is providing commuter
1078+3 transportation services in an eligible county or eligible
1079+4 municipality.
1080+5 (8) Provide funding to assist an airport authority located in an
1081+6 eligible county or eligible municipality in the construction,
1082+7 reconstruction, renovation, purchase, lease, acquisition, and
1083+8 equipping of an airport facility or airport project.
1084+9 (9) Provide funding to assist in the development of an intermodal
1085+10 facility to facilitate the interchange and movement of freight.
1086+11 (10) Provide funding to assist the Lake Michigan marina and
1087+12 shoreline development commission in carrying out the purposes
1088+13 of IC 36-7-13.5.
1089+14 (11) (10) Provide funding for economic development projects in
1090+15 an eligible county or eligible municipality.
1091+16 (12) (11) Hold, use, lease, rent, purchase, acquire, and dispose of
1092+17 by purchase, exchange, gift, bequest, grant, condemnation, lease,
1093+18 or sublease, on the terms and conditions determined by the
1094+19 development authority, any real or personal property located in an
1095+20 eligible county or eligible municipality.
1096+21 (13) (12) After giving notice, enter upon any lots or lands for the
1097+22 purpose of surveying or examining them to determine the location
1098+23 of a project.
1099+24 (14) (13) Make or enter into all contracts and agreements
1100+25 necessary or incidental to the performance of its duties and the
1101+26 execution of its powers under this article.
1102+27 (15) (14) Sue, be sued, plead, and be impleaded.
1103+28 (16) (15) Design, order, contract for, and construct, reconstruct,
1104+29 and renovate a project or improvements to a project.
1105+30 (17) (16) Appoint an executive director and employ appraisers,
1106+31 real estate experts, engineers, architects, surveyors, attorneys,
1107+32 accountants, auditors, clerks, construction managers, and any
1108+33 consultants or employees that are necessary or desired by the
1109+34 development authority in exercising its powers or carrying out its
1110+35 duties under this article.
1111+36 (18) (17) Accept loans, grants, and other forms of financial
1112+37 assistance from the federal government, the state government, a
1113+38 political subdivision, or any other public or private source.
1114+39 (19) (18) Use the development authority's funds to match federal
1115+40 grants or make loans, loan guarantees, or grants to carry out the
1116+41 development authority's powers and duties under this article.
1117+42 (20) (19) Provide funding for regional transportation
1118+EH 1075—LS 6784/DI 148 26
1119+1 infrastructure projects under IC 36-9-43.
1120+2 (21) (20) Except as prohibited by law, take any action necessary
1121+3 to carry out this article.
1122+4 (b) If the development authority is unable to agree with the owners,
1123+5 lessees, or occupants of any real property selected for the purposes of
1124+6 this article, the development authority may proceed under IC 32-24-1
1125+7 to procure the condemnation of the property. The development
1126+8 authority may not institute a proceeding until it has adopted a
1127+9 resolution that:
1128+10 (1) describes the real property sought to be acquired and the
1129+11 purpose for which the real property is to be used;
1130+12 (2) declares that the public interest and necessity require the
1131+13 acquisition by the development authority of the property involved;
1132+14 and
1133+15 (3) sets out any other facts that the development authority
1134+16 considers necessary or pertinent.
1135+17 The resolution is conclusive evidence of the public necessity of the
1136+18 proposed acquisition.
1137+19 SECTION 36. IC 36-7.5-4-6, AS ADDED BY P.L.214-2005,
1138+20 SECTION 73, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1139+21 JULY 1, 2022]: Sec. 6. (a) Bonds issued under IC 8-5-15, IC 8-22-3,
1140+22 IC 36-7-13.5, or IC 36-9-3 or prior law may be refunded as provided in
1141+23 this section.
1142+24 (b) An eligible political subdivision may:
1143+25 (1) lease all or a portion of land or a project or projects to the
1144+26 development authority, which may be at a nominal lease rental
1145+27 with a lease back to the eligible political subdivision, conditioned
1146+28 upon the development authority assuming bonds issued under
1147+29 IC 8-5-15, IC 8-22-3, IC 36-7-13.5, or IC 36-9-3 or prior law and
1148+30 issuing its bonds to refund those bonds; and
1149+31 (2) sell all or a portion of land or a project or projects to the
1150+32 development authority for a price sufficient to provide for the
1151+33 refunding of those bonds and lease back the land or project or
1152+34 projects from the development authority.
1153+35 SECTION 37. IC 36-8-16.7-48, AS AMENDED BY P.L.121-2016,
1154+36 SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1155+37 JULY 1, 2022]: Sec. 48. (a) The budget committee shall review the
1156+38 statewide 911 system governed by this chapter for the two (2) calendar
1157+39 years ending:
1158+40 (1) December 31, 2013; and
1159+41 (2) December 31, 2014.
1160+42 (b) In conducting the review required by this section, the budget
1161+EH 1075—LS 6784/DI 148 27
1162+1 committee may examine the following:
1163+2 (1) Whether the fund is being administered by the board in
1164+3 accordance with this chapter.
1165+4 (2) The collection, disbursement, and use of the statewide 911 fee
1166+5 assessed under section 32 of this chapter. In performing a review
1167+6 under this subdivision, the budget committee may examine
1168+7 whether the statewide 911 fee:
1169+8 (A) is being assessed in an amount that is reasonably
1170+9 necessary to provide adequate and efficient 911 service; and
1171+10 (B) is being used only for the purposes set forth in this chapter.
1172+11 (3) The report submitted to the budget committee by the Indiana
1173+12 advisory commission on intergovernmental relations under
1174+13 IC 4-23-24.2-5(b) (before its expiration on July 1, 2016).
1175+14 (4) (3) Any other data, reports, or information the budget
1176+15 committee determines is necessary to review the statewide 911
1177+16 system governed by this chapter.
1178+17 (c) Subject to section 42 of this chapter, the board, the state board
1179+18 of accounts, political subdivisions, providers, and PSAPs shall provide
1180+19 to the budget committee all relevant data, reports, and information
1181+20 requested by the budget committee to assist the budget committee in
1182+21 carrying out its duties under this section.
1183+22 (d) After conducting the review required by this section, the budget
1184+23 committee shall, not later than June 1, 2015, report its findings to the
1185+24 legislative council. The budget committee's findings under this
1186+25 subsection:
1187+26 (1) must include a recommendation as to whether the statewide
1188+27 911 fee assessed under section 32 of this chapter should continue
1189+28 to be assessed and collected under this chapter after June 30,
1190+29 2015; and
1191+30 (2) if the budget committee recommends under subdivision (1)
1192+31 that the statewide 911 fee assessed under section 32 of this
1193+32 chapter should continue to be assessed and collected under this
1194+33 chapter after June 30, 2015, may include recommendations for the
1195+34 introduction in the general assembly of any legislation that the
1196+35 budget committee determines is necessary to ensure that the
1197+36 statewide 911 system governed by this chapter is managed in a
1198+37 fair and fiscally prudent manner.
1199+38 A report to the legislative council under this subsection must be in an
1200+39 electronic format under IC 5-14-6.
1201+40 (e) If the budget committee does not recommend in its report under
1202+41 subsection (d) that the statewide 911 fee assessed under section 32 of
1203+42 this chapter should continue to be assessed and collected under this
1204+EH 1075—LS 6784/DI 148 28
1205+1 chapter after June 30, 2015, the statewide 911 fee assessed under
1206+2 section 32 of this chapter expires July 1, 2015, and may not be assessed
1207+3 or collected after June 30, 2015.
1208+4 SECTION 38. An emergency is declared for this act.
1209+EH 1075—LS 6784/DI 148 29
1210+COMMITTEE REPORT
1211+Mr. Speaker: Your Committee on Government and Regulatory
1212+Reform, to which was referred House Bill 1075, has had the same
1213+under consideration and begs leave to report the same back to the
1214+House with the recommendation that said bill be amended as follows:
1215+Page 3, line 42, after "compacts" insert "that have been fully
1216+operational for at least two (2) years".
1217+Page 7, between lines 26 and 27, begin a new paragraph and insert:
1218+"SECTION 7. IC 11-12-2-2, AS AMENDED BY P.L.86-2017,
1219+SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1220+JULY 1, 2022]: Sec. 2. (a) To qualify for financial aid under this
1221+chapter, a county must establish a community corrections advisory
1222+board by resolution of the county executive or, in a county having a
1223+consolidated city, by the city-county council. A community corrections
1224+advisory board must, at a minimum, consists consist of:
1225+(1) the county sheriff or the sheriff's designee;
1226+(2) the prosecuting attorney or the prosecuting attorney's
1227+designee;
1228+(3) the executive of the most populous municipality in the county
1229+or the executive's designee;
1230+(4) two (2) judges having criminal jurisdiction, if available,
1231+appointed by the circuit court judge or the judges' designees;
1232+(5) one (1) judge having juvenile jurisdiction, appointed by the
1233+circuit court judge;
1234+(6) (5) one (1) public defender or the public defender's designee,
1235+if available, or one (1) attorney with a substantial criminal defense
1236+practice appointed by the county executive or, in a county having
1237+a consolidated city, by the city-county council;
1238+(7) one (1) victim, or victim advocate if available, appointed by
1239+the county executive or, in a county having a consolidated city, by
1240+the city-county council;
1241+(8) one (1) ex-offender, if available, appointed by the county
1242+executive or, in a county having a consolidated city, by the
1243+city-county council;
1244+(9) (6) the director of the local office of the department of child
1245+services or the director's designee; and
1246+(10) a representative from a juvenile correctional facility or
1247+juvenile detention center in the county, but if no facility exists,
1248+one (1) mental health representative chosen by the judge
1249+described in subdivision (5);
1250+(11) a representative from the Juvenile Detention Alternatives
1251+EH 1075—LS 6784/DI 148 30
1252+Initiative, but if no program exists, a representative from the court
1253+appointed special advocate program in the county or guardian ad
1254+litem program in the county; and
1255+(12) (7) the following members appointed by the county executive
1256+or, in a county having a consolidated city, by the city-county
1257+council:
1258+(A) One (1) member of the county fiscal body or the member's
1259+designee.
1260+(B) One (1) probation officer.
1261+(C) One (1) juvenile probation officer.
1262+(D) One (1) educational administrator.
1263+(E) One (1) representative of a private correctional agency, if
1264+such an agency exists in the county.
1265+(F) (C) One (1) mental health administrator. or, if there is none
1266+available in the county, one (1) psychiatrist, psychologist, or
1267+physician.
1268+(G) Four (4) lay persons, at least one (1) of whom must be a
1269+member of a minority race if a racial minority resides in the
1270+county and a member of that minority is willing to serve.
1271+(b) In addition to the members of the community corrections
1272+advisory board appointed under subsection (a), a county by
1273+resolution of the county executive or, in a county having a
1274+consolidated city, by the city-county council may appoint the
1275+following to the advisory board:
1276+(1) One (1) judge having juvenile jurisdiction, appointed by
1277+the circuit court judge or the juvenile court judge's designee.
1278+(2) One (1) victim, or victim advocate if available, appointed
1279+by the county executive or, in a county having a consolidated
1280+city, by the city-county council.
1281+(3) One (1) ex-offender, if available, appointed by the county
1282+executive or, in a county having a consolidated city, by the
1283+city-county council.
1284+(4) A representative from a juvenile correctional facility or
1285+juvenile detention center in the county, but if no facility exists,
1286+one (1) mental health representative chosen by the judge
1287+described in subdivision (1).
1288+(5) A representative from the Juvenile Detention Alternatives
1289+Initiative, but if no program exists, a representative from the
1290+court appointed special advocate program in the county or
1291+guardian ad litem program in the county.
1292+(6) The following members appointed by the county executive
1293+or, in a county having a consolidated city, by the city-county
1294+EH 1075—LS 6784/DI 148 31
1295+council:
1296+(A) One (1) juvenile probation officer.
1297+(B) One (1) educational administrator.
1298+(C) One (1) representative of a private correctional agency,
1299+if such an agency exists in the county.
1300+(D) Four (4) lay persons, at least one (1) of whom must be
1301+a member of a minority race if a racial minority resides in
1302+the county and a member of that minority is willing to
1303+serve.
1304+(b) (c) Designees of officials designated under subsection
1305+subsections (a)(1) through (a)(6), (a)(9), (a)(7)(A), and (a)(12)(A)
1306+(b)(1) serve at the pleasure of the designating official.
1307+(c) (d) Members of the advisory board appointed by the county
1308+executive or, in a county having a consolidated city, by the city-county
1309+council, shall be appointed for a term of four (4) years. The criminal
1310+defense attorney, the ex-offender, and the victim or victim advocate
1311+shall be appointed for a term of four (4) years. Other members serve
1312+only while holding the office or position held at the time of
1313+appointment. The circuit court judge may fill the position of the judge
1314+having juvenile court jurisdiction by self appointment if the circuit
1315+court judge is otherwise qualified. A vacancy occurring before the
1316+expiration of the term of office shall be filled in the same manner as
1317+original appointments for the unexpired term. Members may be
1318+reappointed.
1319+(d) (e) Two (2) or more counties, by resolution of their county
1320+executives or, in a county having a consolidated city, by the city-county
1321+council, may combine to apply for financial aid under this chapter. If
1322+counties so combine, the counties may establish one (1) community
1323+corrections advisory board to serve these counties. This board must
1324+contain the representation prescribed in subsection (a), but the
1325+members may come from the participating counties as determined by
1326+agreement of the county executives or, in a county having a
1327+consolidated city, by the city-county council.
1328+(e) (f) The members of the community corrections advisory board
1329+shall, within thirty (30) days after the last initial appointment is made,
1330+meet and elect one (1) member as chairman and another as vice
1331+chairman and appoint a secretary-treasurer who need not be a member.
1332+A majority of the members of a community corrections advisory board
1333+may provide for a number of members that is:
1334+(1) less than a majority of the members; and
1335+(2) at least six (6);
1336+to constitute a quorum for purposes of transacting business. The
1337+EH 1075—LS 6784/DI 148 32
1338+affirmative votes of at least five (5) members, but not less than a
1339+majority of the members present, are required for the board to take
1340+action. A vacancy in the membership does not impair the right of a
1341+quorum to transact business.
1342+(f) (g) The county executive and county fiscal body shall provide
1343+necessary assistance and appropriations to the community corrections
1344+advisory board established for that county. Appropriations required
1345+under this subsection are limited to amounts received from the
1346+following sources:
1347+(1) Department grants.
1348+(2) User fees.
1349+(3) Other funds as contained within an approved plan.
1350+Additional funds may be appropriated as determined by the county
1351+executive and county fiscal body.".
1352+Renumber all SECTIONS consecutively.
1353+and when so amended that said bill do pass.
1354+(Reference is to HB 1075 as introduced.)
1355+MILLER D
1356+Committee Vote: yeas 11, nays 0.
1357+_____
1358+COMMITTEE REPORT
1359+Madam President: The Senate Committee on Appropriations, to
1360+which was referred House Bill No. 1075, has had the same under
1361+consideration and begs leave to report the same back to the Senate with
1362+the recommendation that said bill be AMENDED as follows:
1363+Page 6, between lines 38 and 39, begin a new paragraph and insert:
1364+"SECTION 5. IC 4-33-20-8, AS ADDED BY P.L.227-2007,
2541365 SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2551366 JULY 1, 2022]: Sec. 8. The commission shall create a matrix for salary
2561367 ranges for gaming control officers, which must be reviewed and
2571368 approved by the budget agency biennially in even-numbered years
2581369 before implementation.
259-SECTION 8. IC 5-2-1-20, AS ADDED BY P.L.102-2017,
260-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
261-JULY 1, 2022]: Sec. 20. In conjunction with the Indiana commission
262-to combat drug abuse substance use disorder established by
263-IC 4-3-25-3 and the division of mental health and addiction, the board
264-may establish the Indiana technical assistance center for crisis
265-intervention teams under IC 5-2-21.2.
266-SECTION 9. IC 5-2-11-1.6, AS AMENDED BY P.L.40-2020,
267-SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
268-JULY 1, 2022]: Sec. 1.6. As used in this chapter, "local coordinating
269-council" means a countywide, collaborative citizen body that is open
270-to the public and approved by the Indiana commission to combat drug
271-abuse substance use disorder established by IC 4-3-25-3 to plan,
272-implement, monitor, and evaluate local comprehensive community
273-plans.
274-SECTION 10. IC 5-2-21.2-5, AS AMENDED BY P.L.102-2017,
275-SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
276-JULY 1, 2022]: Sec. 5. As used in this chapter, "technical assistance
277-center" means a center established by the board in conjunction with the
278-Indiana commission to combat drug abuse substance use disorder
279-established by IC 4-3-25-3 and the division of mental health and
280-addiction under IC 5-2-1-20 to support the development and
281-sustainability of local crisis intervention teams.
282-SECTION 11. IC 5-20-9-6, AS ADDED BY P.L.103-2017,
283-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
284-JULY 1, 2022]: Sec. 6. (a) The Indiana housing first program is
285-established to provide housing and support services for eligible
286-persons. The program shall be administered by the authority. The
287-Indiana commission to combat drug abuse substance use disorder
288-established under IC 4-3-25-3 may award grants to the authority for the
289-purposes of the program. Not later than January 1, 2018, the authority
290-shall establish policies and procedures to implement and administer the
291-program. The policies and procedures established by the authority
292-under this section must ensure that the program does the following:
293-(1) Provides eligible program participants with affordable and
294-HEA 1075 — CC 1 8
295-safe housing through program rental assistance to be used in
296-dedicated supportive housing units and in existing market units in
297-the community.
298-(2) Includes a plan for the:
299-(A) initial leasing of; and
300-(B) management of rental assistance through the affordability
301-period for;
302-supportive housing developed under the program.
303-(3) Provides eligible program participants with support services,
304-including:
305-(A) employment assistance and job training;
306-(B) substance abuse and addiction treatment;
307-(C) educational assistance;
308-(D) life skills assistance; and
309-(E) treatment for, and the management of, mental and physical
310-health problems;
311-that are predicated on assertive engagement rather than coercion.
312-Support services described in clause (B) must be predicated on a
313-harm reduction approach to addiction, rather than mandating
314-abstinence, while supporting a program participant's commitment
315-to recovery.
316-(4) Grants eligible persons who have a high degree of medical
317-vulnerability priority as participants in the program.
318-(5) Provides program participants with leases and tenant
319-protections as provided by law.
320-(6) Establishes annual goals to:
321-(A) reduce the number of individuals cycling through
322-chemical addiction programs;
323-(B) provide long term supports for individuals dually
324-diagnosed with:
325-(i) a serious and persistent mental illness; and
326-(ii) a chronic chemical addiction;
327-(C) increase the housing stability of persons with mental
328-illness or other behavioral health issues; and
329-(D) increase positive health indicators for all program
330-participants;
331-in Indiana as a whole and in particular regions, communities, and
332-metropolitan statistical areas within Indiana, through the program
333-and support services provided under the program. The goals
334-required by this subdivision must be based on data collected by
335-the authority and the authority's partners.
336-(7) Includes partnerships with public entities and private entities,
337-HEA 1075 — CC 1 9
338-including any of the following, to provide support services and a
339-continuum of care for eligible program participants:
340-(A) Nonprofit or faith based organizations providing services
341-to individuals and families in the program's target population.
342-(B) Units of local government.
343-(C) School corporations and schools.
344-(D) Businesses.
345-(E) Public housing agencies.
346-(F) Social service providers.
347-(G) Mental health providers.
348-(H) Hospitals.
349-(I) Affordable housing developers and providers.
350-(J) Law enforcement agencies and correctional facilities.
351-(K) Organizations serving homeless veterans.
352-(L) Organizations serving victims of domestic violence.
353-(M) Universities.
354-(N) Other public or private entities the authority considers
355-appropriate to partner with to accomplish the purposes of the
356-program.
357-(b) In establishing the policies and procedures required by this
358-section, the authority may collaborate with or seek guidance from:
359-(1) other appropriate state agencies, including the department of
360-correction, the state department of health, and the office of the
361-secretary of family and social services (and the appropriate
362-divisions within the office of the secretary of family and social
363-services);
364-(2) officials in other states or municipalities that have
365-implemented housing first programs or other similar programs;
366-and
367-(3) any of the entities listed in subsection (a)(7).
368-SECTION 12. IC 7.1-2-2-13, AS AMENDED BY P.L.234-2007,
1370+SECTION 6. IC 7.1-2-2-13, AS AMENDED BY P.L.234-2007,
3691371 SECTION 305, IS AMENDED TO READ AS FOLLOWS
3701372 [EFFECTIVE JULY 1, 2022]: Sec. 13. (a) The alcohol and tobacco
3711373 commission shall categorize salaries of enforcement officers within
1374+EH 1075—LS 6784/DI 148 33
3721375 each rank based upon the rank held and the number of years of service
3731376 in the commission through the twentieth year. The salary ranges that
3741377 the board assigns to each rank shall be divided into a base salary and
3751378 twenty (20) increments above the base salary with:
3761379 (1) the base salary in the rank paid to a person with less than one
3771380 (1) year of service in the commission; and
3781381 (2) the highest salary in the rank paid to a person with at least
3791382 twenty (20) years of service in the commission.
380-HEA 1075 — CC 1 10
3811383 (b) The salary matrix prescribed by this section shall be reviewed
3821384 and approved by the budget agency biennially in even-numbered
3831385 years before implementation.
3841386 (c) The salary matrix prescribed by this section must have parity
3851387 with the salary matrix prescribed by the natural resources commission
3861388 under IC 14-9-8 for conservation officers of the department of natural
3871389 resources. The budget agency shall approve a salary matrix that meets
388-the parity requirement of this subsection.
389-SECTION 13. IC 8-10-9-3, AS AMENDED BY P.L.197-2011,
390-SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
391-JULY 1, 2022]: Sec. 3. (a) There is established in each city to which
392-this chapter applies a waterway management district.
393-(b) The district includes all territory, including both dry land and
394-water, within a distance of one-half (1/2) mile on either side of the
395-center line of any waterway within the city in which the district is
396-established, excluding the land and water occupied by any marina
397-owned by a unit of government located in the corridor (as defined in
398-IC 36-7-13.5-1). strip of land in Indiana abutting Lake Michigan
399-and the tributaries of Lake Michigan.
400-(c) The district boundary is formed by an imaginary line one-half
401-(1/2) mile distant from the center line of a waterway in all directions.
402-However, the boundary of the district does not extend beyond the
403-boundaries of the city in which the district is located in those areas
404-where the city boundary is located less than one-half (1/2) mile from
405-the center line of a waterway.
406-SECTION 14. IC 10-11-2-13, AS AMENDED BY P.L.234-2007,
407-SECTION 306, IS AMENDED TO READ AS FOLLOWS
408-[EFFECTIVE JULY 1, 2022]: Sec. 13. (a) The board shall categorize
409-salaries of police employees within each rank based upon the rank held
410-and the number of years of service in the department through the
411-twentieth year. The salary ranges the board assigns to each rank shall
412-be divided into a base salary and twenty (20) increments above the base
413-salary, with:
414-(1) the base salary in the rank paid to a person with less than one
415-(1) year of service in the department; and
416-(2) the highest salary in the rank paid to a person with at least
417-twenty (20) years of service in the department.
418-(b) The salary matrix prescribed by this section shall be reviewed
419-and approved by the budget agency biennially in even-numbered
420-years before implementation.
421-SECTION 15. IC 10-11-2-27, AS AMENDED BY P.L.234-2007,
1390+the parity requirement of this subsection.".
1391+Page 7, line 6, strike "IC".
1392+Page 7, line 27, delete "biennially".
1393+Page 7, line 27, after "agency" insert "biennially in even-numbered
1394+years".
1395+Page 7, delete lines 28 through 42.
1396+Delete pages 8 through 9.
1397+Page 10, delete lines 1 through 32, begin a new paragraph and
1398+insert:
1399+"SECTION 8. IC 10-11-2-27, AS AMENDED BY P.L.234-2007,
4221400 SECTION 304, IS AMENDED TO READ AS FOLLOWS
423-HEA 1075 — CC 1 11
4241401 [EFFECTIVE JULY 1, 2022]: Sec. 27. (a) The board shall categorize
4251402 salaries of motor carrier inspectors within each rank based upon the
4261403 rank held and the number of years of service in the department through
4271404 the tenth year. The salary ranges the board assigns to each rank shall be
4281405 divided into a base salary and ten (10) increments above the base
4291406 salary, with:
4301407 (1) the base salary in the rank paid to a person with less than one
4311408 (1) year of service in the department; and
4321409 (2) the highest salary in the rank paid to a person with at least ten
4331410 (10) years of service in the department.
4341411 (b) For purposes of creating the salary matrix prescribed by this
4351412 section, the board may not approve salary ranges for any rank that are
4361413 less than the salary ranges effective for that rank on January 1, 1995.
4371414 (c) The salary matrix prescribed by this section:
4381415 (1) shall be reviewed and approved by the budget agency
4391416 biennially in even-numbered years before implementation; and
1417+EH 1075—LS 6784/DI 148 34
4401418 (2) must include the job classifications of motor carrier district
4411419 coordinator, motor carrier zone coordinator, and motor carrier
4421420 administrator.
443-SECTION 16. IC 10-11-2-28.5, AS ADDED BY P.L.83-2006,
1421+SECTION 9. IC 10-11-2-28.5, AS ADDED BY P.L.83-2006,
4441422 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4451423 JULY 1, 2022]: Sec. 28.5. (a) After June 30, 2007, the board shall use
4461424 a salary matrix that categorizes salaries of capitol police officers
4471425 described in section 28 of this chapter within each rank based upon the
4481426 rank held and the number of years of service in the department through
4491427 the tenth year. The salary ranges the board assigns to each rank shall be
4501428 divided into a base salary and ten (10) increments above the base
4511429 salary, with:
4521430 (1) the base salary in the rank paid to a capitol police officer with
4531431 less than one (1) year of service in the department; and
4541432 (2) the highest salary in the rank paid to a capitol police officer
4551433 with at least ten (10) years of service in the department.
4561434 (b) For purposes of creating the salary matrix prescribed by this
4571435 section, the board may not approve salary ranges for any rank of capitol
4581436 police officers that are less than the salary ranges effective for that rank
4591437 on January 1, 2006.
4601438 (c) The salary matrix prescribed by this section shall be reviewed
4611439 and approved by the budget agency biennially in even-numbered
4621440 years before implementation.
4631441 (d) The salary matrix developed under subsection (a) must use the
4641442 same percentage differentials between increments that are used for the
4651443 salary matrix for police employees under IC 10-11-2-13.
466-HEA 1075 — CC 1 12
467-SECTION 17. IC 12-11-15.5-4.5 IS ADDED TO THE INDIANA
468-CODE AS A NEW SECTION TO READ AS FOLLOWS
469-[EFFECTIVE UPON PASSAGE]: Sec. 4.5. (a) Not later than
470-September 1, 2022, the task force shall make recommendations to
471-the legislative council regarding the:
472-(1) establishment of a statewide training curriculum for
473-individuals who provide services to individuals with an
474-intellectual or other developmental disability;
475-(2) feasibility of establishing training certification;
476-(3) establishment of a statewide training registry; and
477-(4) feasibility of a pilot project to implement any
478-recommendations made under this section.
479-The recommendations must be in an electronic format under
480-IC 5-14-6.
481-(b) This section expires January 1, 2024.
482-SECTION 18. IC 12-11-15.5-4.6 IS ADDED TO THE INDIANA
483-CODE AS A NEW SECTION TO READ AS FOLLOWS
484-[EFFECTIVE UPON PASSAGE]: Sec. 4.6. (a) Not later than
485-September 1, 2022, the task force shall make recommendations to
486-the legislative council regarding:
487-(1) current trends related to health and safety requests for the
488-community integration habilitation Medicaid waiver or any
489-other service; and
490-(2) the feasibility of the division establishing a pilot program
491-to create special service review teams to assist families or
492-individuals in a crisis situation to identify available resources
493-and sources of assistance.
494-The recommendations must be in an electronic format under
495-IC 5-14-6.
496-(b) This section expires January 1, 2024.
497-SECTION 19. IC 12-11-15.5-4.7 IS ADDED TO THE INDIANA
498-CODE AS A NEW SECTION TO READ AS FOLLOWS
499-[EFFECTIVE UPON PASSAGE]: Sec. 4.7. (a) Not later than
500-September 1, 2022, the task force shall make recommendations to
501-the legislative council regarding the creation of a report:
502-(1) to be distributed by the bureau of developmental
503-disabilities services to each authorized service provider; and
504-(2) to provide to the authorized service provider the name of
505-each direct support professional who has been the subject of
506-a substantiated incident report.
507-The recommendations must be in an electronic format under
508-IC 5-14-6.
509-HEA 1075 — CC 1 13
510-(b) This section expires January 1, 2023.
511-SECTION 20. IC 12-13-16-9, AS ADDED BY P.L.73-2020,
512-SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
513-JULY 1, 2022]: Sec. 9. (a) The 211 advisory committee is established.
514-The advisory committee includes the following members appointed by
515-the governor or the governor's designee:
516-(1) Two (2) members, each of whom represents a different
517-Indiana United Way entity.
518-(2) Two (2) members who have experience working for or with
519-Indiana 211 Partnership, Inc., or the Indiana 211 board of
520-directors.
521-(3) Two (2) members, each of whom represents a different local
522-service agency that receives referrals from 211.
523-(4) Seven (7) members representing the types of human services
524-provided under this chapter.
525-(5) One (1) individual representing the Indiana Association of
526-Rehabilitation Facilities.
527-(b) The initial members of the advisory committee serve the
528-following terms:
529-(1) Three (3) members serve a term of one (1) year.
530-(2) Five (5) members serve a term of two (2) years.
531-(3) Five (5) members serve a term of four (4) years.
532-Members appointed to the advisory committee thereafter serve terms
533-of four (4) years.
534-(c) The governor or the governor's designee shall appoint the
535-chairperson of the advisory committee.
536-(d) The advisory committee shall do the following:
537-(1) Provide input and consultation regarding implementation and
538-administration of 211 services by the office of the secretary to
539-ensure compliance with any requirements or obligations under
540-this chapter.
541-(2) Advise the office of the secretary and make recommendations
542-concerning the use of and goals for 211 services.
543-(e) The office of the secretary shall staff the advisory committee.
544-The expenses of the advisory committee shall be paid by the office of
545-the secretary.
546-(f) Each member of the advisory committee who is not a state
547-employee is entitled to the minimum salary per diem provided by
548-IC 4-10-11-2.1(b). The member is also entitled to reimbursement for
549-traveling expenses as provided under IC 4-13-1-4 and other expenses
550-actually incurred in connection with the member's duties as provided
551-in the state policies and procedures established by the Indiana
552-HEA 1075 — CC 1 14
553-department of administration and approved by the budget agency.
554-(g) Each member of the advisory committee who is a state employee
555-is entitled to reimbursement for traveling expenses as provided under
556-IC 4-13-1-4 and other expenses actually incurred in connection with
557-the member's duties as provided in the state policies and procedures
558-established by the Indiana department of administration and approved
559-by the budget agency.
560-SECTION 21. IC 12-23-19-2, AS AMENDED BY P.L.57-2021,
561-SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
562-JULY 1, 2022]: Sec. 2. (a) An individual is eligible for mental health
563-and addiction forensic treatment services if:
564-(1) subject to subsection (d), the individual:
565-(A) is a member of a household with an annual income that
566-does not exceed two hundred percent (200%) of the federal
567-income poverty level;
568-(B) is a resident of Indiana;
569-(C) is:
570-(i) at least eighteen (18) years of age; or
571-(ii) subject to the approval of the Indiana commission to
572-combat drug abuse, substance use disorder, less than
573-eighteen (18) years of age and the individual is a defendant
574-whose case is either waived from juvenile court to adult
575-court or directly filed in adult court; and
576-(D) has entered the criminal justice system as a felon or with
577-a prior felony conviction or is ordered to be committed for
578-competency restoration services as described in
579-IC 35-36-3-1(b); and
580-(2) subject to subsection (b), reimbursement for the service is not
581-available to the individual through any of the following:
582-(A) A policy of accident and sickness insurance (IC 27-8-5).
583-(B) A health maintenance organization contract (IC 27-13).
584-(C) The Medicaid program (IC 12-15), excluding the Medicaid
585-rehabilitation program and the Behavioral and Primary Health
586-Coordination Program under Section 1915(i) of the Social
587-Security Act.
588-(D) The federal Medicare program or any other federal
589-assistance program.
590-(b) If an individual is not entitled to reimbursement from the sources
591-described in subsection (a)(2) of the full amount of the cost of the
592-mental health and addiction forensic treatment services, grants and
593-vouchers under this chapter may be used to provide those services to
594-the extent that the costs of those services exceed the reimbursement the
595-HEA 1075 — CC 1 15
596-individual is entitled to receive from the sources described in
597-subsection (a)(2), excluding any copayment or deductible that the
598-individual is required to pay.
599-(c) The division shall determine the extent to which an individual
600-who is provided mental health and addiction forensic treatment
601-services under this chapter is entitled to receive reimbursement from
602-the sources described in subsection (a)(2).
603-(d) Notwithstanding subsection (a)(1)(D), subject to available
604-funding and on the recommendation of the justice reinvestment
605-advisory council (established by IC 33-38-9.5-2), the division may
606-operate a pilot program applying the eligibility criteria in this section
607-to individuals who are charged with a misdemeanor. If the division
608-operates a pilot program under this subsection, the division shall issue
609-annual reports to the justice reinvestment advisory council.
610-SECTION 22. IC 12-23-21-2, AS ADDED BY P.L.168-2017,
611-SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
612-JULY 1, 2022]: Sec. 2. (a) Subject to the approval of the Indiana
613-commission to combat drug abuse, substance use disorder, the
614-physician medication assisted treatment training reimbursement pilot
615-program is established to provide reimbursement to physicians who
616-meet the requirements of section 3 of this chapter, for the purpose of
617-increasing the number of qualified physicians in Indiana with training
618-in medication assisted treatment.
619-(b) The division shall administer the program.
620-SECTION 23. IC 12-23-21.2-2, AS AMENDED BY P.L.222-2019,
621-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
622-JULY 1, 2022]: Sec. 2. (a) Subject to the approval of the Indiana
623-commission to combat drug abuse, substance use disorder, the
624-division of mental health and addiction shall establish an opioid
625-treatment pilot program for opioid use disorder.
626-(b) The program shall be designed to assist participants in
627-overcoming opioid use disorder by providing inpatient, residential, and
628-outpatient opioid treatment services.
629-(c) An individual is eligible to participate in the program if the
630-individual is:
631-(1) at least eighteen (18) years of age;
632-(2) not being charged with a felony or misdemeanor; and
633-(3) incapacitated by opioid use disorder as demonstrated by the
634-fact that the individual is at serious risk of injury or death due to
635-abuse of opioids.
636-(d) The division shall establish the program in the following
637-counties:
638-HEA 1075 — CC 1 16
639-(1) Tippecanoe County.
640-(2) Marion County.
641-(3) Wayne County.
642-(e) A county may use:
643-(1) outpatient commitment proceedings under IC 12-26-14; and
644-(2) commitment proceedings under IC 12-26;
645-in appropriate cases if a person meets the requirements of the statute.
646-SECTION 24. IC 12-23-23-0.5, AS ADDED BY P.L.195-2018,
647-SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
648-JULY 1, 2022]: Sec. 0.5. This chapter is subject to the approval of the
649-Indiana commission to combat drug abuse. substance use disorder.
650-SECTION 25. IC 14-9-8-28, AS AMENDED BY P.L.234-2007,
1444+SECTION 10. IC 14-9-8-28, AS AMENDED BY P.L.234-2007,
6511445 SECTION 307, IS AMENDED TO READ AS FOLLOWS
6521446 [EFFECTIVE JULY 1, 2022]: Sec. 28. (a) The natural resources
6531447 commission shall categorize salaries of enforcement officers within
6541448 each rank based upon the rank held and the number of years of service
6551449 in the department through the twentieth year. The salary ranges that the
6561450 commission assigns to each rank shall be divided into a base salary and
6571451 twenty (20) increments above the base salary with:
6581452 (1) the base salary in the rank paid to a person with less than one
6591453 (1) year of service in the department; and
6601454 (2) the highest salary in the rank paid to a person with at least
6611455 twenty (20) years of service in the department.
6621456 (b) The salary matrix prescribed by this section shall be reviewed
6631457 and approved by the state budget agency biennially in even-numbered
6641458 years before implementation.
6651459 (c) The salaries for law enforcement officers of the law enforcement
1460+EH 1075—LS 6784/DI 148 35
6661461 division of the department must be equal to the salaries of police
6671462 employees of the state police department under IC 10-11-2-13, based
6681463 upon years of service in the department and rank held.
6691464 (d) The requirement of subsection (c) does not affect:
6701465 (1) any rights or liabilities accrued; or
6711466 (2) any proceedings begun;
6721467 on or before June 30, 1999. Those rights, liabilities, and proceedings
6731468 continue and shall be imposed and enforced under prior civil law and
6741469 procedure as if the requirement of subsection (c) had not been enacted.
675-SECTION 26. IC 16-35-10-2, AS ADDED BY P.L.174-2017,
676-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
677-JULY 1, 2022]: Sec. 2. Subject to the approval of the Indiana
678-commission to combat drug abuse, substance use disorder, the opioid
679-addiction recovery pilot program for pregnant women and women with
680-newborns is established to assist pregnant women and women with
681-HEA 1075 — CC 1 17
682-newborns by providing substance abuse and addiction treatment in a
683-residential care facility and providing home visitation services.
684-SECTION 27. IC 33-38-9.5-2, AS AMENDED BY P.L.207-2021,
1470+SECTION 11. IC 33-38-9.5-2, AS AMENDED BY P.L.207-2021,
6851471 SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6861472 JULY 1, 2022]: Sec. 2. (a) The justice reinvestment advisory council
6871473 is established. The advisory council consists of the following members:
6881474 (1) The executive director of the Indiana public defender council
6891475 or the executive director's designee.
6901476 (2) The executive director of the Indiana prosecuting attorneys
6911477 council or the executive director's designee.
6921478 (3) The director of the division of mental health and addiction or
6931479 the director's designee.
6941480 (4) The president of the Indiana Sheriffs' Association or the
6951481 president's designee.
6961482 (5) The commissioner of the Indiana department of correction or
6971483 the commissioner's designee.
6981484 (6) The chief administrative officer of the office of judicial
6991485 administration or the chief administrative officer's designee.
7001486 (7) The executive director of the Indiana criminal justice institute
7011487 or the executive director's designee.
7021488 (8) The president of the Indiana Association of Community
7031489 Corrections Act Counties or the president's designee.
7041490 (9) The president of the Probation Officers Professional
7051491 Association of Indiana or the president's designee.
7061492 (10) The budget director or the budget director's designee.
7071493 (11) The executive director of the Association of Indiana Counties
7081494 or the executive director's designee.
7091495 (12) The president of the Indiana Judges Association or the
7101496 president's designee.
7111497 (13) The chair of the Indiana public defender commission or the
7121498 chair's designee.
7131499 (14) The chair of the senate corrections and criminal law
7141500 committee or the chair's designee.
7151501 (15) The ranking minority member of the senate corrections and
7161502 criminal law committee or the ranking minority member's
1503+EH 1075—LS 6784/DI 148 36
7171504 designee.
7181505 (16) The chair of the house courts and criminal code committee
7191506 or the chair's designee.
7201507 (17) The ranking minority member of the house courts and
7211508 criminal code committee or the ranking minority member's
7221509 designee.
7231510 (18) The governor or the governor's designee.
724-HEA 1075 — CC 1 18
7251511 (19) The president and chief executive officer of the Indiana
7261512 Council of Community Mental Health Centers or the president
7271513 and chief executive officer's designee.
7281514 (20) The president and chief executive officer of Mental Health
7291515 America of Indiana or the president and chief executive officer's
7301516 designee.
7311517 (b) The chief justice or the chief justice's designee shall serve as
7321518 chairperson of the advisory council.
7331519 (c) The duties of the advisory council include:
7341520 (1) reviewing and evaluating state and local criminal justice
7351521 systems and corrections programs, including pretrial services,
7361522 behavioral health treatment and recovery services, community
7371523 corrections, county jails, parole, and probation services;
7381524 (2) reviewing the processes used by the department of correction
7391525 and the division of mental health and addiction in awarding
7401526 grants;
7411527 (3) reviewing and evaluating jail overcrowding to identify a range
7421528 of possible solutions;
7431529 (4) coordinating with other criminal justice funding sources;
7441530 (5) establishing committees to inform the work of the advisory
7451531 council; and
7461532 (6) performing other relevant duties as determined by the advisory
7471533 council.
7481534 (d) The advisory council may make recommendations to:
7491535 (1) the department of correction, community corrections advisory
7501536 boards, and the division of mental health and addiction
7511537 concerning the award of grants;
7521538 (2) criminal justice systems and corrections programs concerning
7531539 best practices to improve outcomes of persons under supervision;
7541540 (3) the Indiana general assembly concerning legislation and
7551541 funding for criminal justice initiatives;
7561542 (4) the Indiana criminal justice institute concerning criminal
7571543 justice funding priorities;
7581544 (5) the office of judicial administration concerning veterans
7591545 problem-solving court grants; and
1546+EH 1075—LS 6784/DI 148 37
7601547 (6) the county sheriffs concerning strategies to address jail
7611548 overcrowding and implementing evidence based practices for
7621549 reducing recidivism for individuals in county jails.
7631550 (e) The office of judicial administration shall staff the advisory
7641551 council.
7651552 (f) The expenses of the advisory council shall be paid by the office
7661553 of judicial administration from funds appropriated to the office of
767-HEA 1075 — CC 1 19
7681554 judicial administration for the administrative costs of the justice
7691555 reinvestment advisory council.
7701556 (g) A member of the advisory council is not entitled to the minimum
7711557 salary per diem provided by IC 4-10-11-2.1(b). The member is,
7721558 however, entitled to reimbursement for traveling expenses as provided
7731559 under IC 4-13-1-4 and other expenses actually incurred in connection
7741560 with the member's duties as provided in the state policies and
7751561 procedures established by the Indiana department of administration and
7761562 approved by the budget agency.
7771563 (h) The affirmative votes of a majority of the voting members
7781564 appointed to the advisory council are required for the advisory council
7791565 to take action on any measure.
7801566 (i) The advisory council shall meet as necessary to:
7811567 (1) work with the department of correction and the division of
7821568 mental health and addiction to establish the grant criteria and
783-grant reporting requirements described in subsection (l); (m);
1569+grant reporting requirements described in subsection (l);
7841570 (2) review grant applications;
7851571 (3) make recommendations and provide feedback to the
7861572 department of correction and the division of mental health and
7871573 addiction concerning grants to be awarded;
7881574 (4) review grants awarded by the department of correction and the
7891575 division of mental health and addiction; and
7901576 (5) suggest areas and programs in which the award of future
7911577 grants might be beneficial.
7921578 (j) The advisory council, in conjunction with the Indiana criminal
7931579 justice institute, shall jointly issue an annual report under IC 5-2-6-24.
7941580 (k) The advisory council shall review the composition of the
7951581 community corrections advisory board described in IC 11-12-2-2
7961582 and make a recommendation to the legislative council in an
7971583 electronic format under IC 5-14-6 before November 1, 2022,
7981584 regarding how to reduce the membership of a community
7991585 corrections advisory board and the recommended membership for
8001586 a community corrections advisory board.
8011587 (k) (l) Any entity that receives funds:
8021588 (1) recommended by the advisory council; and
1589+EH 1075—LS 6784/DI 148 38
8031590 (2) appropriated by the department of correction;
8041591 for the purpose of providing additional treatment or supervision
8051592 services shall provide the information described in subsection (l) (m)
8061593 to the department of correction to aid in the compilation of the report
8071594 described in subsection (j).
8081595 (l) (m) The department of correction shall provide the advisory
8091596 council with the following information:
810-HEA 1075 — CC 1 20
8111597 (1) The total number of participants, categorized by level of most
8121598 serious offense, who were served by the entity through funds
8131599 described in subsection (k). (l).
8141600 (2) The percentage of participants, categorized by level of most
8151601 serious offense, who completed a treatment program, service, or
8161602 level of supervision.
8171603 (3) The percentage of participants, categorized by level of most
8181604 serious offense, who were discharged from a treatment program,
8191605 service, or level of supervision.
8201606 (4) The percentage of participants, categorized by level of most
8211607 serious offense, who:
8221608 (A) completed a funded treatment program, service, or level of
8231609 supervision; and
8241610 (B) were subsequently committed to the department of
8251611 correction;
8261612 within twenty-four (24) months after completing the funded
8271613 treatment program, service, or level of supervision.
8281614 (5) The percentage of participants, categorized by level of most
8291615 serious offense, who were:
8301616 (A) discharged from a funded treatment program, service, or
8311617 level of supervision; and
8321618 (B) subsequently committed to the department of correction;
8331619 within twenty-four (24) months after being discharged from the
8341620 funded treatment program, service, or level of supervision.
8351621 (6) The total number of participants who completed a funded
8361622 treatment program, service, or level of supervision.
8371623 (7) The total number of participants who:
8381624 (A) completed a funded treatment program, service, or level of
8391625 supervision; and
8401626 (B) were legally employed.
8411627 (8) Any other information relevant to the funding of the entity as
842-described in subsection (k). (l).
843-SECTION 28. IC 36-1-12-3, AS AMENDED BY P.L.43-2019,
1628+described in subsection (k). (l).".
1629+Page 12, line 8, strike "IC".
1630+Renumber all SECTIONS consecutively.
1631+EH 1075—LS 6784/DI 148 39
1632+and when so amended that said bill do pass.
1633+(Reference is to HB 1075 as printed January 12, 2022.)
1634+MISHLER, Chairperson
1635+Committee Vote: Yeas 10, Nays 0.
1636+_____
1637+SENATE MOTION
1638+Madam President: I move that Engrossed House Bill 1075 be
1639+amended to read as follows:
1640+Page 6, between lines 38 and 39, begin a new paragraph and insert:
1641+"SECTION 5. IC 4-23-24.3 IS ADDED TO THE INDIANA CODE
1642+AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
1643+UPON PASSAGE]:
1644+Chapter 24.3. Indiana Policy Research Center
1645+Sec. 1. As used in this chapter, "center" refers to the Indiana
1646+policy research center established by section 2 of this chapter.
1647+Sec. 2. The Indiana policy research center is established.
1648+Sec. 3. The center shall do the following:
1649+(1) Conduct research and analysis on important state and
1650+local matters as assigned by the legislative council.
1651+(2) Support research and analysis efforts that are:
1652+(A) conducted as part of interim study committees when
1653+assigned to do so by the legislative council; or
1654+(B) assigned to the legislative services agency when:
1655+(i) requested by the legislative services agency; or
1656+(ii) assigned to do so by the legislative council.
1657+(3) Issue reports on all assigned research and analysis
1658+according to instructions from the legislative council or the
1659+legislative services agency.
1660+(4) Conduct all assigned research and analysis in a
1661+nonpartisan manner.
1662+Sec. 4. (a) Indiana University's Public Policy Institute shall
1663+provide staff and administrative support for the center.
1664+(b) The director for Indiana University's Public Policy Institute
1665+shall appoint the center's director.".
1666+Renumber all SECTIONS consecutively.
1667+EH 1075—LS 6784/DI 148 40
1668+(Reference is to EHB 1075 as printed February 15, 2022.)
1669+DORIOT
1670+_____
1671+SENATE MOTION
1672+Madam President: I move that Engrossed House Bill 1075 be
1673+amended to read as follows:
1674+Page 4, between lines 23 and 24, begin a new paragraph and insert:
1675+"SECTION 3. IC 4-3-25-1, AS ADDED BY P.L.7-2016, SECTION
1676+1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
1677+2022]: Sec. 1. As used in this chapter, "commission" refers to the
1678+Indiana commission to combat drug abuse substance use disorder
1679+established by section 3 of this chapter.
1680+SECTION 4. IC 4-3-25-3, AS ADDED BY P.L.7-2016, SECTION
1681+1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
1682+2022]: Sec. 3. The Indiana commission to combat drug abuse
1683+substance use disorder is established.".
1684+Page 7, between lines 2 and 3, begin new paragraph and insert:
1685+"SECTION 8. IC 5-2-1-20, AS ADDED BY P.L.102-2017,
1686+SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1687+JULY 1, 2022]: Sec. 20. In conjunction with the Indiana commission
1688+to combat drug abuse substance use disorder established by
1689+IC 4-3-25-3 and the division of mental health and addiction, the board
1690+may establish the Indiana technical assistance center for crisis
1691+intervention teams under IC 5-2-21.2.
1692+SECTION 9. IC 5-2-11-1.6, AS AMENDED BY P.L.40-2020,
1693+SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1694+JULY 1, 2022]: Sec. 1.6. As used in this chapter, "local coordinating
1695+council" means a countywide, collaborative citizen body that is open
1696+to the public and approved by the Indiana commission to combat drug
1697+abuse substance use disorder established by IC 4-3-25-3 to plan,
1698+implement, monitor, and evaluate local comprehensive community
1699+plans.
1700+SECTION 10. IC 5-2-21.2-5, AS AMENDED BY P.L.102-2017,
1701+SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1702+JULY 1, 2022]: Sec. 5. As used in this chapter, "technical assistance
1703+center" means a center established by the board in conjunction with the
1704+Indiana commission to combat drug abuse substance use disorder
1705+established by IC 4-3-25-3 and the division of mental health and
1706+EH 1075—LS 6784/DI 148 41
1707+addiction under IC 5-2-1-20 to support the development and
1708+sustainability of local crisis intervention teams.
1709+SECTION 11. IC 5-20-9-6, AS ADDED BY P.L.103-2017,
8441710 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
845-JULY 1, 2022]: Sec. 3. (a) The board may purchase or lease materials
846-in the manner provided in IC 5-22 and perform any public work, by
847-means of its own workforce, without awarding a contract whenever the
848-cost of that public work project is estimated to be less than two hundred
849-fifty thousand dollars ($250,000). Before a board may perform any
850-work under this section by means of its own workforce, the political
851-subdivision or agency must have a group of employees on its staff who
852-are capable of performing the construction, maintenance, and repair
853-HEA 1075 — CC 1 21
854-applicable to that work. For purposes of this subsection, the cost of a
855-public work project includes:
856-(1) the actual cost of materials, labor, equipment, and rental;
857-(2) a reasonable rate for use of trucks and heavy equipment
858-owned; and
859-(3) all other expenses incidental to the performance of the project.
860-(b) This subsection applies only to a municipality or a county. The
861-workforce of a municipality or county may perform a public work
862-described in subsection (a) only if:
863-(1) the workforce, through demonstrated skills, training, or
864-expertise, is capable of performing the public work; and
865-(2) for a public work project under subsection (a) whose cost is
866-estimated to be more than one hundred thousand dollars
867-($100,000), the board:
868-(A) publishes a notice under IC 5-3-1 that:
869-(i) describes the public work that the board intends to
870-perform with its own workforce; and
871-(ii) sets forth the projected cost of each component of the
872-public work as described in subsection (a); and
873-(B) determines at a public meeting that it is in the public
874-interest to perform the public work with the board's own
875-workforce.
876-A public work project performed by a board's own workforce must be
877-inspected and accepted as complete in the same manner as a public
878-work project performed under a contract awarded after receiving bids.
879-(c) When the project involves the rental of equipment with an
880-operator furnished by the owner, or the installation or application of
881-materials by the supplier of the materials, the project is considered to
882-be a public work project and subject to this chapter. However, an
883-annual contract may be awarded for equipment rental and materials to
884-be installed or applied during a calendar or fiscal year if the proposed
885-project or projects are described in the bid specifications.
886-(d) A board of aviation commissioners or an airport authority board
887-may purchase or lease materials in the manner provided in IC 5-22 and
888-perform any public work by means of its own workforce and owned or
889-leased equipment, in the construction, maintenance, and repair of any
890-airport roadway, runway, taxiway, or aircraft parking apron whenever
891-the cost of that public work project is estimated to be less than one
892-hundred fifty thousand dollars ($150,000).
893-(e) Municipal and county hospitals must comply with this chapter
894-for all contracts for public work that are financed in whole or in part
895-with cumulative building fund revenue, as provided in section 1(c) of
896-HEA 1075 — CC 1 22
897-this chapter. However, if the cost of the public work is estimated to be
898-less than fifty thousand dollars ($50,000), as reflected in the board
899-minutes, the hospital board may have the public work done without
900-receiving bids, by purchasing the materials and performing the work by
901-means of its own workforce and owned or leased equipment.
902-(f) If a public works project involves a structure, an improvement,
903-or a facility under the control of a department (as defined in
904-IC 4-3-19-2(2)), public highway department that is under the
905-political control of a unit (as defined in IC 36-1-2-23) and involved
906-in the construction, maintenance, or repair of a public highway (as
907-defined in IC 9-25-2-4), the department may not artificially divide the
908-project to bring any part of the project under this section.
909-SECTION 29. IC 36-7-11.5-1, AS AMENDED BY P.L.234-2007,
910-SECTION 282, IS AMENDED TO READ AS FOLLOWS
911-[EFFECTIVE JULY 1, 2022]: Sec. 1. (a) As used in this chapter,
912-"advisory board" refers to the Orange County development advisory
913-board established by section 12 of this chapter.
914-(b) (a) As used in this chapter, "development commission" refers to
915-the Orange County development commission established by section 3.5
916-of this chapter.
917-(c) (b) As used in this chapter, "historic hotel" has the meaning set
918-forth in IC 4-33-2-11.1.
919-(d) (c) As used in this chapter, "hotel riverboat resort" refers to the
920-historic hotels, the riverboat operated under IC 4-33-6.5, and other
921-properties operated in conjunction with the riverboat enterprise located
922-in Orange County.
923-(e) (d) As used in this chapter, "qualified historic hotel" refers to a
924-historic hotel that has an atrium that includes a dome that is at least two
925-hundred (200) feet in diameter.
926-SECTION 30. IC 36-7-11.5-12 IS REPEALED [EFFECTIVE JULY
927-1, 2022]. Sec. 12. (a) The Orange County development advisory board
928-is established for the purpose of advising the development commission
929-established under section 3.5 of this chapter.
930-(b) The advisory board consists of five (5) members appointed as
931-follows:
932-(1) One (1) individual appointed by the speaker of the house of
933-representatives.
934-(2) One (1) individual appointed by the president pro tempore of
935-the senate.
936-(3) One (1) individual appointed by the Orange County
937-convention and visitors bureau.
938-(4) Two (2) individuals appointed by the chief operating officer
939-HEA 1075 — CC 1 23
940-of the hotel riverboat resort.
941-(c) Except as provided in subsection (d), the members of the
942-advisory board shall each serve for a term of four (4) years. A vacancy
943-shall be filled for the duration of the term by the original appointing
944-authority.
945-(d) The member appointed under subsection (b)(3) shall serve an
946-initial term of one (1) year. As determined by the appointing authority,
947-the two (2) members appointed under subsection (b)(4) shall serve
948-initial terms of two (2) and three (3) years respectively.
949-(e) A member of the advisory board is not entitled to a salary per
950-diem. However, a member is entitled to reimbursement for travel
951-expenses incurred in connection with the member's duties, as provided
952-in the state travel policies and procedures established by the
953-department of administration and approved by the budget agency.
954-SECTION 31. IC 36-7-13.5 IS REPEALED [EFFECTIVE JULY 1,
955-2022]. (Shoreline Development).
956-SECTION 32. IC 36-7.5-1-12, AS AMENDED BY P.L.197-2011,
957-SECTION 146, IS AMENDED TO READ AS FOLLOWS
958-[EFFECTIVE JULY 1, 2022]: Sec. 12. "Eligible political subdivision"
959-means the following:
960-(1) An airport authority.
961-(2) A commuter transportation district.
962-(3) A regional bus authority under IC 36-9-3-2(c).
963-(4) A regional transportation authority established under
964-IC 36-9-3-2.
965-(5) The Lake Michigan marina and shoreline development
966-commission under IC 36-7-13.5.
967-SECTION 33. IC 36-7.5-1-12.4 IS REPEALED [EFFECTIVE JULY
968-1, 2022]. Sec. 12.4. "Lake Michigan marina and shoreline development
969-commission" means the commission established by IC 36-7-13.5-2.
970-SECTION 34. IC 36-7.5-1-12.5 IS REPEALED [EFFECTIVE JULY
971-1, 2022]. Sec. 12.5. "Lake Michigan marina and shoreline development
972-commission project" means a project that can be financed with the
973-proceeds of bonds issued by the Lake Michigan marina and shoreline
974-development commission.
975-SECTION 35. IC 36-7.5-1-13, AS AMENDED BY P.L.197-2011,
976-SECTION 149, IS AMENDED TO READ AS FOLLOWS
977-[EFFECTIVE JULY 1, 2022]: Sec. 13. "Project" means an airport
978-authority project, a commuter transportation district project, an
979-economic development project, a regional bus authority project, or a
980-regional transportation authority project. or a Lake Michigan marina
981-and shoreline development commission project.
982-HEA 1075 — CC 1 24
983-SECTION 36. IC 36-7.5-2-1, AS AMENDED BY P.L.229-2017,
984-SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
985-JULY 1, 2022]: Sec. 1. The northwest Indiana regional development
986-authority is established as a separate body corporate and politic to carry
987-out the purposes of this article by:
988-(1) acquiring, constructing, equipping, owning, leasing, and
989-financing projects and facilities for lease to or for the benefit of
990-eligible political subdivisions under this article in accordance
991-with IC 36-7.5-3-1.5;
992-(2) funding and developing the Gary/Chicago International
993-Airport expansion and other airport authority projects, commuter
994-transportation district and other rail projects and services,
995-regional bus authority projects and services, regional
996-transportation authority projects and services, Lake Michigan
997-marina and shoreline development projects and activities, and
998-economic development projects in northwestern Indiana;
999-(3) assisting with the funding of infrastructure needed to sustain
1000-development of an intermodal facility in northwestern Indiana;
1001-(4) funding and developing regional transportation infrastructure
1002-projects under IC 36-9-43; and
1003-(5) studying and evaluating destination based economic
1004-development projects that have:
1005-(A) an identified market;
1006-(B) identified funding sources and these funding sources
1007-include at least fifty percent (50%) from nongovernmental
1008-sources; and
1009-(C) a demonstrable short and long term local and regional
1010-economic impact, as verified by an independent economic
1011-analysis.
1012-An economic analysis conducted under clause (C) must be
1013-submitted to the budget committee at least thirty (30) days before
1014-review is sought for the project under IC 36-7.5-3-1.5.
1015-SECTION 37. IC 36-7.5-3-1, AS AMENDED BY P.L.189-2018,
1016-SECTION 168, IS AMENDED TO READ AS FOLLOWS
1017-[EFFECTIVE JULY 1, 2022]: Sec. 1. The development authority shall
1018-do the following:
1019-(1) Subject to sections 1.5 and 1.7 of this chapter, assist in the
1020-coordination of local efforts concerning projects.
1021-(2) Assist a commuter transportation district, an airport authority,
1022-the Lake Michigan marina and shoreline development
1023-commission, a regional transportation authority, and a regional
1024-bus authority in coordinating regional transportation and
1025-HEA 1075 — CC 1 25
1026-economic development efforts.
1027-(3) Subject to sections 1.5 and 1.7 of this chapter, fund projects
1028-as provided in this article.
1029-(4) Fund bus services (including fixed route services and flexible
1030-or demand-responsive services) and projects related to bus
1031-services and bus terminals, stations, or facilities.
1032-SECTION 38. IC 36-7.5-3-2, AS AMENDED BY P.L.229-2017,
1033-SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1034-JULY 1, 2022]: Sec. 2. (a) The development authority may do any of
1035-the following:
1036-(1) Finance, improve, construct, reconstruct, renovate, purchase,
1037-lease, acquire, and equip land and projects located in an eligible
1038-county or eligible municipality.
1039-(2) Lease land or a project to an eligible political subdivision.
1040-(3) Finance and construct additional improvements to projects or
1041-other capital improvements owned by the development authority
1042-and lease them to or for the benefit of an eligible political
1043-subdivision.
1044-(4) Acquire land or all or a portion of one (1) or more projects
1045-from an eligible political subdivision by purchase or lease and
1046-lease the land or projects back to the eligible political subdivision,
1047-with any additional improvements that may be made to the land
1048-or projects.
1049-(5) Acquire all or a portion of one (1) or more projects from an
1050-eligible political subdivision by purchase or lease to fund or
1051-refund indebtedness incurred on account of the projects to enable
1052-the eligible political subdivision to make a savings in debt service
1053-obligations or lease rental obligations or to obtain relief from
1054-covenants that the eligible political subdivision considers to be
1055-unduly burdensome.
1056-(6) Make loans, loan guarantees, and grants or provide other
1057-financial assistance to or on behalf of the following:
1058-(A) A commuter transportation district.
1059-(B) An airport authority or airport development authority.
1060-(C) The Lake Michigan marina and shoreline development
1061-commission.
1062-(D) (C) A regional bus authority. A loan, loan guarantee,
1063-grant, or other financial assistance under this clause may be
1064-used by a regional bus authority for acquiring, improving,
1065-operating, maintaining, financing, and supporting the
1066-following:
1067-(i) Bus services (including fixed route services and flexible
1068-HEA 1075 — CC 1 26
1069-or demand-responsive services) that are a component of a
1070-public transportation system.
1071-(ii) Bus terminals, stations, or facilities or other regional bus
1072-authority projects.
1073-(E) (D) A regional transportation authority.
1074-(F) (E) A member municipality that is eligible to make an
1075-appointment to the development board under
1076-IC 36-7.5-2-3(b)(2) and that has pledged admissions tax
1077-revenue for a bond anticipation note after March 31, 2014, and
1078-before June 30, 2015. However, a loan made to such a member
1079-municipality before June 30, 2016, under this clause must
1080-have a term of not more than ten (10) years, must require
1081-annual level debt service payments, and must have a market
1082-based interest rate. If a member municipality defaults on the
1083-repayment of a loan made under this clause, the development
1084-authority shall notify the treasurer of state of the default and
1085-the treasurer of state shall:
1086-(i) withhold from any funds held for distribution to the
1087-municipality under IC 4-33-12, or IC 4-33-13 an amount
1088-sufficient to cure the default; and
1089-(ii) pay that amount to the development authority.
1090-(7) Provide funding to assist a railroad that is providing commuter
1091-transportation services in an eligible county or eligible
1092-municipality.
1093-(8) Provide funding to assist an airport authority located in an
1094-eligible county or eligible municipality in the construction,
1095-reconstruction, renovation, purchase, lease, acquisition, and
1096-equipping of an airport facility or airport project.
1097-(9) Provide funding to assist in the development of an intermodal
1098-facility to facilitate the interchange and movement of freight.
1099-(10) Provide funding to assist the Lake Michigan marina and
1100-shoreline development commission in carrying out the purposes
1101-of IC 36-7-13.5.
1102-(11) (10) Provide funding for economic development projects in
1103-an eligible county or eligible municipality.
1104-(12) (11) Hold, use, lease, rent, purchase, acquire, and dispose of
1105-by purchase, exchange, gift, bequest, grant, condemnation, lease,
1106-or sublease, on the terms and conditions determined by the
1107-development authority, any real or personal property located in an
1108-eligible county or eligible municipality.
1109-(13) (12) After giving notice, enter upon any lots or lands for the
1110-purpose of surveying or examining them to determine the location
1111-HEA 1075 — CC 1 27
1112-of a project.
1113-(14) (13) Make or enter into all contracts and agreements
1114-necessary or incidental to the performance of its duties and the
1115-execution of its powers under this article.
1116-(15) (14) Sue, be sued, plead, and be impleaded.
1117-(16) (15) Design, order, contract for, and construct, reconstruct,
1118-and renovate a project or improvements to a project.
1119-(17) (16) Appoint an executive director and employ appraisers,
1120-real estate experts, engineers, architects, surveyors, attorneys,
1121-accountants, auditors, clerks, construction managers, and any
1122-consultants or employees that are necessary or desired by the
1123-development authority in exercising its powers or carrying out its
1124-duties under this article.
1125-(18) (17) Accept loans, grants, and other forms of financial
1126-assistance from the federal government, the state government, a
1127-political subdivision, or any other public or private source.
1128-(19) (18) Use the development authority's funds to match federal
1129-grants or make loans, loan guarantees, or grants to carry out the
1130-development authority's powers and duties under this article.
1131-(20) (19) Provide funding for regional transportation
1132-infrastructure projects under IC 36-9-43.
1133-(21) (20) Except as prohibited by law, take any action necessary
1134-to carry out this article.
1135-(b) If the development authority is unable to agree with the owners,
1136-lessees, or occupants of any real property selected for the purposes of
1137-this article, the development authority may proceed under IC 32-24-1
1138-to procure the condemnation of the property. The development
1139-authority may not institute a proceeding until it has adopted a
1140-resolution that:
1141-(1) describes the real property sought to be acquired and the
1142-purpose for which the real property is to be used;
1143-(2) declares that the public interest and necessity require the
1144-acquisition by the development authority of the property involved;
1711+JULY 1, 2022]: Sec. 6. (a) The Indiana housing first program is
1712+established to provide housing and support services for eligible
1713+persons. The program shall be administered by the authority. The
1714+Indiana commission to combat drug abuse substance use disorder
1715+established under IC 4-3-25-3 may award grants to the authority for the
1716+purposes of the program. Not later than January 1, 2018, the authority
1717+shall establish policies and procedures to implement and administer the
1718+program. The policies and procedures established by the authority
1719+under this section must ensure that the program does the following:
1720+(1) Provides eligible program participants with affordable and
1721+safe housing through program rental assistance to be used in
1722+dedicated supportive housing units and in existing market units in
1723+the community.
1724+(2) Includes a plan for the:
1725+(A) initial leasing of; and
1726+(B) management of rental assistance through the affordability
1727+period for;
1728+supportive housing developed under the program.
1729+(3) Provides eligible program participants with support services,
1730+including:
1731+(A) employment assistance and job training;
1732+(B) substance abuse and addiction treatment;
1733+(C) educational assistance;
1734+(D) life skills assistance; and
1735+(E) treatment for, and the management of, mental and physical
1736+health problems;
1737+that are predicated on assertive engagement rather than coercion.
1738+Support services described in clause (B) must be predicated on a
1739+harm reduction approach to addiction, rather than mandating
1740+abstinence, while supporting a program participant's commitment
1741+to recovery.
1742+(4) Grants eligible persons who have a high degree of medical
1743+vulnerability priority as participants in the program.
1744+(5) Provides program participants with leases and tenant
1745+protections as provided by law.
1746+(6) Establishes annual goals to:
1747+(A) reduce the number of individuals cycling through
1748+chemical addiction programs;
1749+EH 1075—LS 6784/DI 148 42
1750+(B) provide long term supports for individuals dually
1751+diagnosed with:
1752+(i) a serious and persistent mental illness; and
1753+(ii) a chronic chemical addiction;
1754+(C) increase the housing stability of persons with mental
1755+illness or other behavioral health issues; and
1756+(D) increase positive health indicators for all program
1757+participants;
1758+in Indiana as a whole and in particular regions, communities, and
1759+metropolitan statistical areas within Indiana, through the program
1760+and support services provided under the program. The goals
1761+required by this subdivision must be based on data collected by
1762+the authority and the authority's partners.
1763+(7) Includes partnerships with public entities and private entities,
1764+including any of the following, to provide support services and a
1765+continuum of care for eligible program participants:
1766+(A) Nonprofit or faith based organizations providing services
1767+to individuals and families in the program's target population.
1768+(B) Units of local government.
1769+(C) School corporations and schools.
1770+(D) Businesses.
1771+(E) Public housing agencies.
1772+(F) Social service providers.
1773+(G) Mental health providers.
1774+(H) Hospitals.
1775+(I) Affordable housing developers and providers.
1776+(J) Law enforcement agencies and correctional facilities.
1777+(K) Organizations serving homeless veterans.
1778+(L) Organizations serving victims of domestic violence.
1779+(M) Universities.
1780+(N) Other public or private entities the authority considers
1781+appropriate to partner with to accomplish the purposes of the
1782+program.
1783+(b) In establishing the policies and procedures required by this
1784+section, the authority may collaborate with or seek guidance from:
1785+(1) other appropriate state agencies, including the department of
1786+correction, the state department of health, and the office of the
1787+secretary of family and social services (and the appropriate
1788+divisions within the office of the secretary of family and social
1789+services);
1790+(2) officials in other states or municipalities that have
1791+implemented housing first programs or other similar programs;
1792+EH 1075—LS 6784/DI 148 43
11451793 and
1146-(3) sets out any other facts that the development authority
1147-considers necessary or pertinent.
1148-The resolution is conclusive evidence of the public necessity of the
1149-proposed acquisition.
1150-SECTION 39. IC 36-7.5-4-6, AS ADDED BY P.L.214-2005,
1151-SECTION 73, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1152-JULY 1, 2022]: Sec. 6. (a) Bonds issued under IC 8-5-15, IC 8-22-3,
1153-IC 36-7-13.5, or IC 36-9-3 or prior law may be refunded as provided in
1154-HEA 1075 — CC 1 28
1155-this section.
1156-(b) An eligible political subdivision may:
1157-(1) lease all or a portion of land or a project or projects to the
1158-development authority, which may be at a nominal lease rental
1159-with a lease back to the eligible political subdivision, conditioned
1160-upon the development authority assuming bonds issued under
1161-IC 8-5-15, IC 8-22-3, IC 36-7-13.5, or IC 36-9-3 or prior law and
1162-issuing its bonds to refund those bonds; and
1163-(2) sell all or a portion of land or a project or projects to the
1164-development authority for a price sufficient to provide for the
1165-refunding of those bonds and lease back the land or project or
1166-projects from the development authority.
1167-SECTION 40. IC 36-8-16.7-48, AS AMENDED BY P.L.121-2016,
1168-SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1169-JULY 1, 2022]: Sec. 48. (a) The budget committee shall review the
1170-statewide 911 system governed by this chapter for the two (2) calendar
1171-years ending:
1172-(1) December 31, 2013; and
1173-(2) December 31, 2014.
1174-(b) In conducting the review required by this section, the budget
1175-committee may examine the following:
1176-(1) Whether the fund is being administered by the board in
1177-accordance with this chapter.
1178-(2) The collection, disbursement, and use of the statewide 911 fee
1179-assessed under section 32 of this chapter. In performing a review
1180-under this subdivision, the budget committee may examine
1181-whether the statewide 911 fee:
1182-(A) is being assessed in an amount that is reasonably
1183-necessary to provide adequate and efficient 911 service; and
1184-(B) is being used only for the purposes set forth in this chapter.
1185-(3) The report submitted to the budget committee by the Indiana
1186-advisory commission on intergovernmental relations under
1187-IC 4-23-24.2-5(b) (before its expiration on July 1, 2016).
1188-(4) (3) Any other data, reports, or information the budget
1189-committee determines is necessary to review the statewide 911
1190-system governed by this chapter.
1191-(c) Subject to section 42 of this chapter, the board, the state board
1192-of accounts, political subdivisions, providers, and PSAPs shall provide
1193-to the budget committee all relevant data, reports, and information
1194-requested by the budget committee to assist the budget committee in
1195-carrying out its duties under this section.
1196-(d) After conducting the review required by this section, the budget
1197-HEA 1075 — CC 1 29
1198-committee shall, not later than June 1, 2015, report its findings to the
1199-legislative council. The budget committee's findings under this
1200-subsection:
1201-(1) must include a recommendation as to whether the statewide
1202-911 fee assessed under section 32 of this chapter should continue
1203-to be assessed and collected under this chapter after June 30,
1204-2015; and
1205-(2) if the budget committee recommends under subdivision (1)
1206-that the statewide 911 fee assessed under section 32 of this
1207-chapter should continue to be assessed and collected under this
1208-chapter after June 30, 2015, may include recommendations for the
1209-introduction in the general assembly of any legislation that the
1210-budget committee determines is necessary to ensure that the
1211-statewide 911 system governed by this chapter is managed in a
1212-fair and fiscally prudent manner.
1213-A report to the legislative council under this subsection must be in an
1214-electronic format under IC 5-14-6.
1215-(e) If the budget committee does not recommend in its report under
1216-subsection (d) that the statewide 911 fee assessed under section 32 of
1217-this chapter should continue to be assessed and collected under this
1218-chapter after June 30, 2015, the statewide 911 fee assessed under
1219-section 32 of this chapter expires July 1, 2015, and may not be assessed
1220-or collected after June 30, 2015.
1221-SECTION 41. An emergency is declared for this act.
1222-HEA 1075 — CC 1 Speaker of the House of Representatives
1223-President of the Senate
1224-President Pro Tempore
1225-Governor of the State of Indiana
1226-Date: Time:
1227-HEA 1075 — CC 1
1794+(3) any of the entities listed in subsection (a)(7).".
1795+Page 9, between lines 14 and 15, begin a new paragraph and insert:
1796+"SECTION 17. IC 12-23-19-2, AS AMENDED BY P.L.57-2021,
1797+SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1798+JULY 1, 2022]: Sec. 2. (a) An individual is eligible for mental health
1799+and addiction forensic treatment services if:
1800+(1) subject to subsection (d), the individual:
1801+(A) is a member of a household with an annual income that
1802+does not exceed two hundred percent (200%) of the federal
1803+income poverty level;
1804+(B) is a resident of Indiana;
1805+(C) is:
1806+(i) at least eighteen (18) years of age; or
1807+(ii) subject to the approval of the Indiana commission to
1808+combat drug abuse, substance use disorder, less than
1809+eighteen (18) years of age and the individual is a defendant
1810+whose case is either waived from juvenile court to adult
1811+court or directly filed in adult court; and
1812+(D) has entered the criminal justice system as a felon or with
1813+a prior felony conviction or is ordered to be committed for
1814+competency restoration services as described in
1815+IC 35-36-3-1(b); and
1816+(2) subject to subsection (b), reimbursement for the service is not
1817+available to the individual through any of the following:
1818+(A) A policy of accident and sickness insurance (IC 27-8-5).
1819+(B) A health maintenance organization contract (IC 27-13).
1820+(C) The Medicaid program (IC 12-15), excluding the Medicaid
1821+rehabilitation program and the Behavioral and Primary Health
1822+Coordination Program under Section 1915(i) of the Social
1823+Security Act.
1824+(D) The federal Medicare program or any other federal
1825+assistance program.
1826+(b) If an individual is not entitled to reimbursement from the sources
1827+described in subsection (a)(2) of the full amount of the cost of the
1828+mental health and addiction forensic treatment services, grants and
1829+vouchers under this chapter may be used to provide those services to
1830+the extent that the costs of those services exceed the reimbursement the
1831+individual is entitled to receive from the sources described in
1832+subsection (a)(2), excluding any copayment or deductible that the
1833+individual is required to pay.
1834+(c) The division shall determine the extent to which an individual
1835+EH 1075—LS 6784/DI 148 44
1836+who is provided mental health and addiction forensic treatment
1837+services under this chapter is entitled to receive reimbursement from
1838+the sources described in subsection (a)(2).
1839+(d) Notwithstanding subsection (a)(1)(D), subject to available
1840+funding and on the recommendation of the justice reinvestment
1841+advisory council (established by IC 33-38-9.5-2), the division may
1842+operate a pilot program applying the eligibility criteria in this section
1843+to individuals who are charged with a misdemeanor. If the division
1844+operates a pilot program under this subsection, the division shall issue
1845+annual reports to the justice reinvestment advisory council.
1846+SECTION 18. IC 12-23-21-2, AS ADDED BY P.L.168-2017,
1847+SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1848+JULY 1, 2022]: Sec. 2. (a) Subject to the approval of the Indiana
1849+commission to combat drug abuse, substance use disorder, the
1850+physician medication assisted treatment training reimbursement pilot
1851+program is established to provide reimbursement to physicians who
1852+meet the requirements of section 3 of this chapter, for the purpose of
1853+increasing the number of qualified physicians in Indiana with training
1854+in medication assisted treatment.
1855+(b) The division shall administer the program.
1856+SECTION 19. IC 12-23-21.2-2, AS AMENDED BY P.L.222-2019,
1857+SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1858+JULY 1, 2022]: Sec. 2. (a) Subject to the approval of the Indiana
1859+commission to combat drug abuse, substance use disorder, the
1860+division of mental health and addiction shall establish an opioid
1861+treatment pilot program for opioid use disorder.
1862+(b) The program shall be designed to assist participants in
1863+overcoming opioid use disorder by providing inpatient, residential, and
1864+outpatient opioid treatment services.
1865+(c) An individual is eligible to participate in the program if the
1866+individual is:
1867+(1) at least eighteen (18) years of age;
1868+(2) not being charged with a felony or misdemeanor; and
1869+(3) incapacitated by opioid use disorder as demonstrated by the
1870+fact that the individual is at serious risk of injury or death due to
1871+abuse of opioids.
1872+(d) The division shall establish the program in the following
1873+counties:
1874+(1) Tippecanoe County.
1875+(2) Marion County.
1876+(3) Wayne County.
1877+(e) A county may use:
1878+EH 1075—LS 6784/DI 148 45
1879+(1) outpatient commitment proceedings under IC 12-26-14; and
1880+(2) commitment proceedings under IC 12-26;
1881+in appropriate cases if a person meets the requirements of the statute.
1882+SECTION 20. IC 12-23-23-0.5, AS ADDED BY P.L.195-2018,
1883+SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1884+JULY 1, 2022]: Sec. 0.5. This chapter is subject to the approval of the
1885+Indiana commission to combat drug abuse. substance use disorder.".
1886+Page 9, between lines 39 and 40, begin a new paragraph and insert:
1887+"SECTION 22. IC 16-35-10-2, AS ADDED BY P.L.174-2017,
1888+SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1889+JULY 1, 2022]: Sec. 2. Subject to the approval of the Indiana
1890+commission to combat drug abuse, substance use disorder, the opioid
1891+addiction recovery pilot program for pregnant women and women with
1892+newborns is established to assist pregnant women and women with
1893+newborns by providing substance abuse and addiction treatment in a
1894+residential care facility and providing home visitation services.".
1895+Renumber all SECTIONS consecutively.
1896+(Reference is to EHB 1075 as printed February 15, 2022.)
1897+YODER
1898+EH 1075—LS 6784/DI 148