Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1075
AN ACT to amend the Indiana Code concerning state offices and
administration.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 2-5-1.3-13, AS AMENDED BY P.L.148-2021,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 13. (a) A study committee shall study the
issues assigned by the legislative council that are within the subject
matter for the study committee, as described in section 4 of this
chapter.
(b) In addition to the issues assigned under subsection (a), the
interim study committee on roads and transportation shall advise the
bureau of motor vehicles regarding the suitability of a special group (as
defined in IC 9-13-2-170) to receive a special group recognition license
plate for the special group (as defined in IC 9-13-2-170) for the first
time under IC 9-18.5-12-4 and the suitability of a special group (as
defined in IC 9-13-2-170) to continue participating in the special group
recognition license plate program under IC 9-18.5-12-5.
(c) In addition to the issues assigned under subsection (a), the
interim study committee on corrections and criminal code shall review
current trends with respect to criminal behavior, sentencing,
incarceration, and treatment and may:
(1) identify particular needs of the criminal justice system that can
be addressed by legislation; and
(2) prepare legislation to address the particular needs found by the
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committee.
(d) In each even-numbered year, in addition to the issues assigned
under subsection (a), the interim study committee on courts and the
judiciary shall review, consider, and make recommendations
concerning all requests for new courts, new judicial officers, and
changes in jurisdiction of existing courts. A request under this
subsection must include at least the following information to receive
full consideration by the committee:
(1) The level of community support for the change, including
support from the local fiscal body.
(2) The results of a survey that shall be conducted by the county
requesting the change, sampling members of the bar, members of
the judiciary, and local officials to determine needs and concerns
of existing courts.
(3) Whether the county is already using a judge or magistrate
from an overserved area of the judicial district.
(4) The relative severity of need based on the most recent
weighted caseload measurement system report published by the
office of judicial administration.
(5) Whether the county is using any problem solving court as
described in IC 33-23-16-11, and, if so, the list of problem solving
courts established in the county, and any evaluation of the impact
of the problem solving courts on the overall judicial caseload.
(6) A description of the:
(A) county's population growth in the ten (10) years before the
date of the request; and
(B) projected population growth in the county for the ten (10)
years after the date of the request, to the extent available;
and any documentation to support the information provided under
this subdivision.
(7) A description of the county's use of pre-incarceration
diversion services and post-incarceration reentry services in an
effort to decrease recidivism.
(8) If the request is a request for a new court or new courts, an
acknowledgment from the county fiscal body (as defined in
IC 36-1-2-6) with the funding sources and estimated costs the
county intends to pay toward the county's part of the operating
costs associated with the new court or new courts.
The office of judicial administration shall post the list of required
information provided under this subsection on its Internet web site.
(e) In each even-numbered year, in addition to the issues assigned
under subsection (a), the interim study committee on courts and the
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judiciary shall review the most recent weighted caseload measurement
system report published by the office of judicial administration and do
the following:
(1) Identify each county in which the number of courts or judicial
officers exceeds the number used by the county in that report
year.
(2) Determine the number of previous report years in which the
number of courts or judicial officers in a county identified in
subdivision (1) exceeded the number used by the county in that
particular report year.
(3) Make a recommendation on whether the number of courts or
judicial officers in the county should be decreased.
The office of judicial administration shall post a list of the number of
courts or judicial officers used in each county for each report year, and
the number of years in which the number of courts or judicial officers
in the county has exceeded the number used by the county, on its
Internet web site.
(f) In addition to studying the issues assigned under subsection (a),
the interim study committee on child services shall:
(1) review the annual reports submitted by:
(A) each local child fatality review team under IC 16-49-3-7;
(B) the statewide child fatality review committee under
IC 16-49-4-11; and
(C) the department of child services under IC 31-25-2-24;
during the immediately preceding twelve (12) month period, and
may make recommendations regarding changes in policies or
statutes to improve child safety; and
(2) report to the legislative council before November 1 of each
interim, in an electronic format under IC 5-14-6, the results of:
(A) the committee's review under subdivision (1); and
(B) the committee's study of any issue assigned to the
committee under subsection (a).
(g) In each even-numbered year, in addition to the issues
assigned under subsection (a), the interim study committee on
government shall do the following:
(1) Determine whether a group has met in the immediately
preceding two (2) years.
(2) Identify all interstate compacts that have been fully
operational for at least two (2) years to which the state is a
party.
(3) Consider whether to:
(A) remain a party to; or
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(B) withdraw from;
each interstate compact.
(4) If the committee determines that the state should
withdraw from an interstate compact, identify the steps
needed to withdraw.
(5) Report before November 1 to the legislative council, in an
electronic format under IC 5-14-6 the committee's:
(A) recommendations for proposed legislation to repeal
groups that have not met during the immediately
preceding two (2) years; and
(B) findings and recommendations regarding the interstate
compacts.
As used in this subsection, "group" refers to an authority, a board,
a commission, a committee, a council, a delegate, a foundation, a
panel, or a task force that is established by statute, has at least one
(1) legislator assigned to it, and is not staffed by the legislative
services agency.
SECTION 2. IC 4-3-19 IS REPEALED [EFFECTIVE JULY 1,
2022]. (Public Highway Private Enterprise Review Board).
SECTION 3. IC 4-3-25-1, AS ADDED BY P.L.7-2016, SECTION
1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2022]: Sec. 1. As used in this chapter, "commission" refers to the
Indiana commission to combat drug abuse substance use disorder
established by section 3 of this chapter.
SECTION 4. IC 4-3-25-3, AS ADDED BY P.L.7-2016, SECTION
1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2022]: Sec. 3. The Indiana commission to combat drug abuse
substance use disorder is established.
SECTION 5. IC 4-10-18-10, AS AMENDED BY P.L.119-2012,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 10. (a) The state board of finance may lend money
from the fund to entities listed in subsections (e) through (k) for the
purposes specified in those subsections.
(b) An entity must apply for the loan before May 1, 1989, in a form
approved by the state board of finance. As part of the application, the
entity shall submit a plan for its use of the loan proceeds and for the
repayment of the loan. Within sixty (60) days after receipt of each
application, the board shall meet to consider the application and to
review its accuracy and completeness and to determine the need for the
loan. The board shall authorize a loan to an entity that makes an
application if the board approves its accuracy and completeness and
determines that there is a need for the loan and an adequate method of
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repayment.
(c) The state board of finance shall determine the terms of each
loan, which must include the following:
(1) The duration of the loan, which must not exceed twelve (12)
years.
(2) The repayment schedule of the loan, which must provide that
no payments are due during the first two (2) years of the loan.
(3) A variable rate of interest to be determined by the board and
adjusted annually. The interest rate must be the greater of:
(A) five percent (5%); or
(B) two-thirds (2/3) of the interest rate for fifty-two (52) week
United States Treasury bills on the anniversary date of the
loan, but not to exceed ten percent (10%).
(4) The amount of the loan or loans, which may not exceed the
maximum amounts established for the entity by this section.
(5) Any other conditions specified by the board.
(d) An entity may borrow money under this section by adoption of
an ordinance or a resolution and, as set forth in IC 5-1-14, may use any
source of revenue to repay a loan under this section. This section
constitutes complete authority for the entity to borrow from the fund.
If an entity described in subsection (i) fails to make any repayments of
a loan, the amount payable shall be withheld by the auditor of state
from any other money payable to the consolidated city. If any other
entity described in this section fails to make any repayments of a loan,
the amount payable shall be withheld by the auditor of state from any
other money payable to the entity. The amount withheld shall be
transferred to the fund to the credit of the entity.
(e) A loan under this section may be made to a city located in a
county having a population of more than twenty-five thousand (25,000)
but less than twenty-five thousand eight hundred (25,800) for the city's
waterworks facility. The amount of the loan may not exceed one
million six hundred thousand dollars ($1,600,000).
(f) A loan under this section may be made to a city the territory of
which is included in part within the Lake Michigan corridor (as defined
in IC 14-13-3-2, before its repeal) for a marina development project. As
a part of its application under subsection (b), the city must include the
following:
(1) Written approval by the Lake Michigan marina development
commission of the project to be funded by the loan proceeds.
(2) A written determination by the commission of the amount
needed by the city, for the project and of the amount of the
maximum loan amount under this subsection that should be lent
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to the city.
The maximum amount of loans available for all cities that are eligible
for a loan under this subsection is eight million six hundred thousand
dollars ($8,600,000).
(g) A loan under this section may be made to a county having a
population of more than one hundred seventy-five thousand (175,000)
but less than one hundred eighty-five thousand (185,000) for use by the
airport authority in the county for the construction of runways. The
amount of the loan may not exceed seven million dollars ($7,000,000).
The county may lend the proceeds of its loan to an airport authority for
the public purpose of fostering economic growth in the county.
(h) A loan under this section may be made to a city having a
population of more than sixty thousand (60,000) but less than sixty-five
thousand (65,000) for the construction of parking facilities. The
amount of the loan may not exceed three million dollars ($3,000,000).
(i) A loan or loans under this section may be made to a consolidated
city, a local public improvement bond bank, or any board, authority, or
commission of the consolidated city to fund economic development
projects under IC 36-7-15.2-5 or to refund obligations issued to fund
economic development projects. The amount of the loan may not
exceed thirty million dollars ($30,000,000).
(j) A loan under this section may be made to a county having a
population of more than thirteen thousand (13,000) but less than
fourteen thousand (14,000) for extension of airport runways. The
amount of the loan may not exceed three hundred thousand dollars
($300,000).
(k) A loan under this section may be made to Covington Community
School Corporation to refund the amount due on a tax anticipation
warrant loan. The amount of the loan may not exceed two million seven
hundred thousand dollars ($2,700,000), to be paid back from any
source of money that is legally available to the school corporation.
Notwithstanding subsection (b), the school corporation must apply for
the loan before June 30, 2010. Notwithstanding subsection (c),
repayment of the loan shall be made in equal installments over five (5)
years with the first installment due not more than six (6) months after
the date loan proceeds are received by the school corporation.
(l) IC 6-1.1-20 does not apply to a loan made by an entity under this
section.
(m) As used in this section, "entity" means a governmental entity
authorized to obtain a loan under subsections (e) through (k).
SECTION 6. IC 4-23-24.2 IS REPEALED [EFFECTIVE JULY 1,
2022]. (Indiana Advisory Commission on Intergovernmental
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Relations).
SECTION 7. IC 4-33-20-8, AS ADDED BY P.L.227-2007,
SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 8. The commission shall create a matrix for salary
ranges for gaming control officers, which must be reviewed and
approved by the budget agency biennially in even-numbered years
before implementation.
SECTION 8. IC 5-2-1-20, AS ADDED BY P.L.102-2017,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 20. In conjunction with the Indiana commission
to combat drug abuse substance use disorder established by
IC 4-3-25-3 and the division of mental health and addiction, the board
may establish the Indiana technical assistance center for crisis
intervention teams under IC 5-2-21.2.
SECTION 9. IC 5-2-11-1.6, AS AMENDED BY P.L.40-2020,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 1.6. As used in this chapter, "local coordinating
council" means a countywide, collaborative citizen body that is open
to the public and approved by the Indiana commission to combat drug
abuse substance use disorder established by IC 4-3-25-3 to plan,
implement, monitor, and evaluate local comprehensive community
plans.
SECTION 10. IC 5-2-21.2-5, AS AMENDED BY P.L.102-2017,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 5. As used in this chapter, "technical assistance
center" means a center established by the board in conjunction with the
Indiana commission to combat drug abuse substance use disorder
established by IC 4-3-25-3 and the division of mental health and
addiction under IC 5-2-1-20 to support the development and
sustainability of local crisis intervention teams.
SECTION 11. IC 5-20-9-6, AS ADDED BY P.L.103-2017,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 6. (a) The Indiana housing first program is
established to provide housing and support services for eligible
persons. The program shall be administered by the authority. The
Indiana commission to combat drug abuse substance use disorder
established under IC 4-3-25-3 may award grants to the authority for the
purposes of the program. Not later than January 1, 2018, the authority
shall establish policies and procedures to implement and administer the
program. The policies and procedures established by the authority
under this section must ensure that the program does the following:
(1) Provides eligible program participants with affordable and
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safe housing through program rental assistance to be used in
dedicated supportive housing units and in existing market units in
the community.
(2) Includes a plan for the:
(A) initial leasing of; and
(B) management of rental assistance through the affordability
period for;
supportive housing developed under the program.
(3) Provides eligible program participants with support services,
including:
(A) employment assistance and job training;
(B) substance abuse and addiction treatment;
(C) educational assistance;
(D) life skills assistance; and
(E) treatment for, and the management of, mental and physical
health problems;
that are predicated on assertive engagement rather than coercion.
Support services described in clause (B) must be predicated on a
harm reduction approach to addiction, rather than mandating
abstinence, while supporting a program participant's commitment
to recovery.
(4) Grants eligible persons who have a high degree of medical
vulnerability priority as participants in the program.
(5) Provides program participants with leases and tenant
protections as provided by law.
(6) Establishes annual goals to:
(A) reduce the number of individuals cycling through
chemical addiction programs;
(B) provide long term supports for individuals dually
diagnosed with:
(i) a serious and persistent mental illness; and
(ii) a chronic chemical addiction;
(C) increase the housing stability of persons with mental
illness or other behavioral health issues; and
(D) increase positive health indicators for all program
participants;
in Indiana as a whole and in particular regions, communities, and
metropolitan statistical areas within Indiana, through the program
and support services provided under the program. The goals
required by this subdivision must be based on data collected by
the authority and the authority's partners.
(7) Includes partnerships with public entities and private entities,
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including any of the following, to provide support services and a
continuum of care for eligible program participants:
(A) Nonprofit or faith based organizations providing services
to individuals and families in the program's target population.
(B) Units of local government.
(C) School corporations and schools.
(D) Businesses.
(E) Public housing agencies.
(F) Social service providers.
(G) Mental health providers.
(H) Hospitals.
(I) Affordable housing developers and providers.
(J) Law enforcement agencies and correctional facilities.
(K) Organizations serving homeless veterans.
(L) Organizations serving victims of domestic violence.
(M) Universities.
(N) Other public or private entities the authority considers
appropriate to partner with to accomplish the purposes of the
program.
(b) In establishing the policies and procedures required by this
section, the authority may collaborate with or seek guidance from:
(1) other appropriate state agencies, including the department of
correction, the state department of health, and the office of the
secretary of family and social services (and the appropriate
divisions within the office of the secretary of family and social
services);
(2) officials in other states or municipalities that have
implemented housing first programs or other similar programs;
and
(3) any of the entities listed in subsection (a)(7).
SECTION 12. IC 7.1-2-2-13, AS AMENDED BY P.L.234-2007,
SECTION 305, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 13. (a) The alcohol and tobacco
commission shall categorize salaries of enforcement officers within
each rank based upon the rank held and the number of years of service
in the commission through the twentieth year. The salary ranges that
the board assigns to each rank shall be divided into a base salary and
twenty (20) increments above the base salary with:
(1) the base salary in the rank paid to a person with less than one
(1) year of service in the commission; and
(2) the highest salary in the rank paid to a person with at least
twenty (20) years of service in the commission.
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(b) The salary matrix prescribed by this section shall be reviewed
and approved by the budget agency biennially in even-numbered
years before implementation.
(c) The salary matrix prescribed by this section must have parity
with the salary matrix prescribed by the natural resources commission
under IC 14-9-8 for conservation officers of the department of natural
resources. The budget agency shall approve a salary matrix that meets
the parity requirement of this subsection.
SECTION 13. IC 8-10-9-3, AS AMENDED BY P.L.197-2011,
SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 3. (a) There is established in each city to which
this chapter applies a waterway management district.
(b) The district includes all territory, including both dry land and
water, within a distance of one-half (1/2) mile on either side of the
center line of any waterway within the city in which the district is
established, excluding the land and water occupied by any marina
owned by a unit of government located in the corridor (as defined in
IC 36-7-13.5-1). strip of land in Indiana abutting Lake Michigan
and the tributaries of Lake Michigan.
(c) The district boundary is formed by an imaginary line one-half
(1/2) mile distant from the center line of a waterway in all directions.
However, the boundary of the district does not extend beyond the
boundaries of the city in which the district is located in those areas
where the city boundary is located less than one-half (1/2) mile from
the center line of a waterway.
SECTION 14. IC 10-11-2-13, AS AMENDED BY P.L.234-2007,
SECTION 306, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 13. (a) The board shall categorize
salaries of police employees within each rank based upon the rank held
and the number of years of service in the department through the
twentieth year. The salary ranges the board assigns to each rank shall
be divided into a base salary and twenty (20) increments above the base
salary, with:
(1) the base salary in the rank paid to a person with less than one
(1) year of service in the department; and
(2) the highest salary in the rank paid to a person with at least
twenty (20) years of service in the department.
(b) The salary matrix prescribed by this section shall be reviewed
and approved by the budget agency biennially in even-numbered
years before implementation.
SECTION 15. IC 10-11-2-27, AS AMENDED BY P.L.234-2007,
SECTION 304, IS AMENDED TO READ AS FOLLOWS
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[EFFECTIVE JULY 1, 2022]: Sec. 27. (a) The board shall categorize
salaries of motor carrier inspectors within each rank based upon the
rank held and the number of years of service in the department through
the tenth year. The salary ranges the board assigns to each rank shall be
divided into a base salary and ten (10) increments above the base
salary, with:
(1) the base salary in the rank paid to a person with less than one
(1) year of service in the department; and
(2) the highest salary in the rank paid to a person with at least ten
(10) years of service in the department.
(b) For purposes of creating the salary matrix prescribed by this
section, the board may not approve salary ranges for any rank that are
less than the salary ranges effective for that rank on January 1, 1995.
(c) The salary matrix prescribed by this section:
(1) shall be reviewed and approved by the budget agency
biennially in even-numbered years before implementation; and
(2) must include the job classifications of motor carrier district
coordinator, motor carrier zone coordinator, and motor carrier
administrator.
SECTION 16. IC 10-11-2-28.5, AS ADDED BY P.L.83-2006,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 28.5. (a) After June 30, 2007, the board shall use
a salary matrix that categorizes salaries of capitol police officers
described in section 28 of this chapter within each rank based upon the
rank held and the number of years of service in the department through
the tenth year. The salary ranges the board assigns to each rank shall be
divided into a base salary and ten (10) increments above the base
salary, with:
(1) the base salary in the rank paid to a capitol police officer with
less than one (1) year of service in the department; and
(2) the highest salary in the rank paid to a capitol police officer
with at least ten (10) years of service in the department.
(b) For purposes of creating the salary matrix prescribed by this
section, the board may not approve salary ranges for any rank of capitol
police officers that are less than the salary ranges effective for that rank
on January 1, 2006.
(c) The salary matrix prescribed by this section shall be reviewed
and approved by the budget agency biennially in even-numbered
years before implementation.
(d) The salary matrix developed under subsection (a) must use the
same percentage differentials between increments that are used for the
salary matrix for police employees under IC 10-11-2-13.
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SECTION 17. IC 12-11-15.5-4.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 4.5. (a) Not later than
September 1, 2022, the task force shall make recommendations to
the legislative council regarding the:
(1) establishment of a statewide training curriculum for
individuals who provide services to individuals with an
intellectual or other developmental disability;
(2) feasibility of establishing training certification;
(3) establishment of a statewide training registry; and
(4) feasibility of a pilot project to implement any
recommendations made under this section.
The recommendations must be in an electronic format under
IC 5-14-6.
(b) This section expires January 1, 2024.
SECTION 18. IC 12-11-15.5-4.6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 4.6. (a) Not later than
September 1, 2022, the task force shall make recommendations to
the legislative council regarding:
(1) current trends related to health and safety requests for the
community integration habilitation Medicaid waiver or any
other service; and
(2) the feasibility of the division establishing a pilot program
to create special service review teams to assist families or
individuals in a crisis situation to identify available resources
and sources of assistance.
The recommendations must be in an electronic format under
IC 5-14-6.
(b) This section expires January 1, 2024.
SECTION 19. IC 12-11-15.5-4.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 4.7. (a) Not later than
September 1, 2022, the task force shall make recommendations to
the legislative council regarding the creation of a report:
(1) to be distributed by the bureau of developmental
disabilities services to each authorized service provider; and
(2) to provide to the authorized service provider the name of
each direct support professional who has been the subject of
a substantiated incident report.
The recommendations must be in an electronic format under
IC 5-14-6.
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(b) This section expires January 1, 2023.
SECTION 20. IC 12-13-16-9, AS ADDED BY P.L.73-2020,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 9. (a) The 211 advisory committee is established.
The advisory committee includes the following members appointed by
the governor or the governor's designee:
(1) Two (2) members, each of whom represents a different
Indiana United Way entity.
(2) Two (2) members who have experience working for or with
Indiana 211 Partnership, Inc., or the Indiana 211 board of
directors.
(3) Two (2) members, each of whom represents a different local
service agency that receives referrals from 211.
(4) Seven (7) members representing the types of human services
provided under this chapter.
(5) One (1) individual representing the Indiana Association of
Rehabilitation Facilities.
(b) The initial members of the advisory committee serve the
following terms:
(1) Three (3) members serve a term of one (1) year.
(2) Five (5) members serve a term of two (2) years.
(3) Five (5) members serve a term of four (4) years.
Members appointed to the advisory committee thereafter serve terms
of four (4) years.
(c) The governor or the governor's designee shall appoint the
chairperson of the advisory committee.
(d) The advisory committee shall do the following:
(1) Provide input and consultation regarding implementation and
administration of 211 services by the office of the secretary to
ensure compliance with any requirements or obligations under
this chapter.
(2) Advise the office of the secretary and make recommendations
concerning the use of and goals for 211 services.
(e) The office of the secretary shall staff the advisory committee.
The expenses of the advisory committee shall be paid by the office of
the secretary.
(f) Each member of the advisory committee who is not a state
employee is entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). The member is also entitled to reimbursement for
traveling expenses as provided under IC 4-13-1-4 and other expenses
actually incurred in connection with the member's duties as provided
in the state policies and procedures established by the Indiana
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department of administration and approved by the budget agency.
(g) Each member of the advisory committee who is a state employee
is entitled to reimbursement for traveling expenses as provided under
IC 4-13-1-4 and other expenses actually incurred in connection with
the member's duties as provided in the state policies and procedures
established by the Indiana department of administration and approved
by the budget agency.
SECTION 21. IC 12-23-19-2, AS AMENDED BY P.L.57-2021,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 2. (a) An individual is eligible for mental health
and addiction forensic treatment services if:
(1) subject to subsection (d), the individual:
(A) is a member of a household with an annual income that
does not exceed two hundred percent (200%) of the federal
income poverty level;
(B) is a resident of Indiana;
(C) is:
(i) at least eighteen (18) years of age; or
(ii) subject to the approval of the Indiana commission to
combat drug abuse, substance use disorder, less than
eighteen (18) years of age and the individual is a defendant
whose case is either waived from juvenile court to adult
court or directly filed in adult court; and
(D) has entered the criminal justice system as a felon or with
a prior felony conviction or is ordered to be committed for
competency restoration services as described in
IC 35-36-3-1(b); and
(2) subject to subsection (b), reimbursement for the service is not
available to the individual through any of the following:
(A) A policy of accident and sickness insurance (IC 27-8-5).
(B) A health maintenance organization contract (IC 27-13).
(C) The Medicaid program (IC 12-15), excluding the Medicaid
rehabilitation program and the Behavioral and Primary Health
Coordination Program under Section 1915(i) of the Social
Security Act.
(D) The federal Medicare program or any other federal
assistance program.
(b) If an individual is not entitled to reimbursement from the sources
described in subsection (a)(2) of the full amount of the cost of the
mental health and addiction forensic treatment services, grants and
vouchers under this chapter may be used to provide those services to
the extent that the costs of those services exceed the reimbursement the
HEA 1075 — CC 1 15
individual is entitled to receive from the sources described in
subsection (a)(2), excluding any copayment or deductible that the
individual is required to pay.
(c) The division shall determine the extent to which an individual
who is provided mental health and addiction forensic treatment
services under this chapter is entitled to receive reimbursement from
the sources described in subsection (a)(2).
(d) Notwithstanding subsection (a)(1)(D), subject to available
funding and on the recommendation of the justice reinvestment
advisory council (established by IC 33-38-9.5-2), the division may
operate a pilot program applying the eligibility criteria in this section
to individuals who are charged with a misdemeanor. If the division
operates a pilot program under this subsection, the division shall issue
annual reports to the justice reinvestment advisory council.
SECTION 22. IC 12-23-21-2, AS ADDED BY P.L.168-2017,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 2. (a) Subject to the approval of the Indiana
commission to combat drug abuse, substance use disorder, the
physician medication assisted treatment training reimbursement pilot
program is established to provide reimbursement to physicians who
meet the requirements of section 3 of this chapter, for the purpose of
increasing the number of qualified physicians in Indiana with training
in medication assisted treatment.
(b) The division shall administer the program.
SECTION 23. IC 12-23-21.2-2, AS AMENDED BY P.L.222-2019,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 2. (a) Subject to the approval of the Indiana
commission to combat drug abuse, substance use disorder, the
division of mental health and addiction shall establish an opioid
treatment pilot program for opioid use disorder.
(b) The program shall be designed to assist participants in
overcoming opioid use disorder by providing inpatient, residential, and
outpatient opioid treatment services.
(c) An individual is eligible to participate in the program if the
individual is:
(1) at least eighteen (18) years of age;
(2) not being charged with a felony or misdemeanor; and
(3) incapacitated by opioid use disorder as demonstrated by the
fact that the individual is at serious risk of injury or death due to
abuse of opioids.
(d) The division shall establish the program in the following
counties:
HEA 1075 — CC 1 16
(1) Tippecanoe County.
(2) Marion County.
(3) Wayne County.
(e) A county may use:
(1) outpatient commitment proceedings under IC 12-26-14; and
(2) commitment proceedings under IC 12-26;
in appropriate cases if a person meets the requirements of the statute.
SECTION 24. IC 12-23-23-0.5, AS ADDED BY P.L.195-2018,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 0.5. This chapter is subject to the approval of the
Indiana commission to combat drug abuse. substance use disorder.
SECTION 25. IC 14-9-8-28, AS AMENDED BY P.L.234-2007,
SECTION 307, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 28. (a) The natural resources
commission shall categorize salaries of enforcement officers within
each rank based upon the rank held and the number of years of service
in the department through the twentieth year. The salary ranges that the
commission assigns to each rank shall be divided into a base salary and
twenty (20) increments above the base salary with:
(1) the base salary in the rank paid to a person with less than one
(1) year of service in the department; and
(2) the highest salary in the rank paid to a person with at least
twenty (20) years of service in the department.
(b) The salary matrix prescribed by this section shall be reviewed
and approved by the state budget agency biennially in even-numbered
years before implementation.
(c) The salaries for law enforcement officers of the law enforcement
division of the department must be equal to the salaries of police
employees of the state police department under IC 10-11-2-13, based
upon years of service in the department and rank held.
(d) The requirement of subsection (c) does not affect:
(1) any rights or liabilities accrued; or
(2) any proceedings begun;
on or before June 30, 1999. Those rights, liabilities, and proceedings
continue and shall be imposed and enforced under prior civil law and
procedure as if the requirement of subsection (c) had not been enacted.
SECTION 26. IC 16-35-10-2, AS ADDED BY P.L.174-2017,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 2. Subject to the approval of the Indiana
commission to combat drug abuse, substance use disorder, the opioid
addiction recovery pilot program for pregnant women and women with
newborns is established to assist pregnant women and women with
HEA 1075 — CC 1 17
newborns by providing substance abuse and addiction treatment in a
residential care facility and providing home visitation services.
SECTION 27. IC 33-38-9.5-2, AS AMENDED BY P.L.207-2021,
SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 2. (a) The justice reinvestment advisory council
is established. The advisory council consists of the following members:
(1) The executive director of the Indiana public defender council
or the executive director's designee.
(2) The executive director of the Indiana prosecuting attorneys
council or the executive director's designee.
(3) The director of the division of mental health and addiction or
the director's designee.
(4) The president of the Indiana Sheriffs' Association or the
president's designee.
(5) The commissioner of the Indiana department of correction or
the commissioner's designee.
(6) The chief administrative officer of the office of judicial
administration or the chief administrative officer's designee.
(7) The executive director of the Indiana criminal justice institute
or the executive director's designee.
(8) The president of the Indiana Association of Community
Corrections Act Counties or the president's designee.
(9) The president of the Probation Officers Professional
Association of Indiana or the president's designee.
(10) The budget director or the budget director's designee.
(11) The executive director of the Association of Indiana Counties
or the executive director's designee.
(12) The president of the Indiana Judges Association or the
president's designee.
(13) The chair of the Indiana public defender commission or the
chair's designee.
(14) The chair of the senate corrections and criminal law
committee or the chair's designee.
(15) The ranking minority member of the senate corrections and
criminal law committee or the ranking minority member's
designee.
(16) The chair of the house courts and criminal code committee
or the chair's designee.
(17) The ranking minority member of the house courts and
criminal code committee or the ranking minority member's
designee.
(18) The governor or the governor's designee.
HEA 1075 — CC 1 18
(19) The president and chief executive officer of the Indiana
Council of Community Mental Health Centers or the president
and chief executive officer's designee.
(20) The president and chief executive officer of Mental Health
America of Indiana or the president and chief executive officer's
designee.
(b) The chief justice or the chief justice's designee shall serve as
chairperson of the advisory council.
(c) The duties of the advisory council include:
(1) reviewing and evaluating state and local criminal justice
systems and corrections programs, including pretrial services,
behavioral health treatment and recovery services, community
corrections, county jails, parole, and probation services;
(2) reviewing the processes used by the department of correction
and the division of mental health and addiction in awarding
grants;
(3) reviewing and evaluating jail overcrowding to identify a range
of possible solutions;
(4) coordinating with other criminal justice funding sources;
(5) establishing committees to inform the work of the advisory
council; and
(6) performing other relevant duties as determined by the advisory
council.
(d) The advisory council may make recommendations to:
(1) the department of correction, community corrections advisory
boards, and the division of mental health and addiction
concerning the award of grants;
(2) criminal justice systems and corrections programs concerning
best practices to improve outcomes of persons under supervision;
(3) the Indiana general assembly concerning legislation and
funding for criminal justice initiatives;
(4) the Indiana criminal justice institute concerning criminal
justice funding priorities;
(5) the office of judicial administration concerning veterans
problem-solving court grants; and
(6) the county sheriffs concerning strategies to address jail
overcrowding and implementing evidence based practices for
reducing recidivism for individuals in county jails.
(e) The office of judicial administration shall staff the advisory
council.
(f) The expenses of the advisory council shall be paid by the office
of judicial administration from funds appropriated to the office of
HEA 1075 — CC 1 19
judicial administration for the administrative costs of the justice
reinvestment advisory council.
(g) A member of the advisory council is not entitled to the minimum
salary per diem provided by IC 4-10-11-2.1(b). The member is,
however, entitled to reimbursement for traveling expenses as provided
under IC 4-13-1-4 and other expenses actually incurred in connection
with the member's duties as provided in the state policies and
procedures established by the Indiana department of administration and
approved by the budget agency.
(h) The affirmative votes of a majority of the voting members
appointed to the advisory council are required for the advisory council
to take action on any measure.
(i) The advisory council shall meet as necessary to:
(1) work with the department of correction and the division of
mental health and addiction to establish the grant criteria and
grant reporting requirements described in subsection (l); (m);
(2) review grant applications;
(3) make recommendations and provide feedback to the
department of correction and the division of mental health and
addiction concerning grants to be awarded;
(4) review grants awarded by the department of correction and the
division of mental health and addiction; and
(5) suggest areas and programs in which the award of future
grants might be beneficial.
(j) The advisory council, in conjunction with the Indiana criminal
justice institute, shall jointly issue an annual report under IC 5-2-6-24.
(k) The advisory council shall review the composition of the
community corrections advisory board described in IC 11-12-2-2
and make a recommendation to the legislative council in an
electronic format under IC 5-14-6 before November 1, 2022,
regarding how to reduce the membership of a community
corrections advisory board and the recommended membership for
a community corrections advisory board.
(k) (l) Any entity that receives funds:
(1) recommended by the advisory council; and
(2) appropriated by the department of correction;
for the purpose of providing additional treatment or supervision
services shall provide the information described in subsection (l) (m)
to the department of correction to aid in the compilation of the report
described in subsection (j).
(l) (m) The department of correction shall provide the advisory
council with the following information:
HEA 1075 — CC 1 20
(1) The total number of participants, categorized by level of most
serious offense, who were served by the entity through funds
described in subsection (k). (l).
(2) The percentage of participants, categorized by level of most
serious offense, who completed a treatment program, service, or
level of supervision.
(3) The percentage of participants, categorized by level of most
serious offense, who were discharged from a treatment program,
service, or level of supervision.
(4) The percentage of participants, categorized by level of most
serious offense, who:
(A) completed a funded treatment program, service, or level of
supervision; and
(B) were subsequently committed to the department of
correction;
within twenty-four (24) months after completing the funded
treatment program, service, or level of supervision.
(5) The percentage of participants, categorized by level of most
serious offense, who were:
(A) discharged from a funded treatment program, service, or
level of supervision; and
(B) subsequently committed to the department of correction;
within twenty-four (24) months after being discharged from the
funded treatment program, service, or level of supervision.
(6) The total number of participants who completed a funded
treatment program, service, or level of supervision.
(7) The total number of participants who:
(A) completed a funded treatment program, service, or level of
supervision; and
(B) were legally employed.
(8) Any other information relevant to the funding of the entity as
described in subsection (k). (l).
SECTION 28. IC 36-1-12-3, AS AMENDED BY P.L.43-2019,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 3. (a) The board may purchase or lease materials
in the manner provided in IC 5-22 and perform any public work, by
means of its own workforce, without awarding a contract whenever the
cost of that public work project is estimated to be less than two hundred
fifty thousand dollars ($250,000). Before a board may perform any
work under this section by means of its own workforce, the political
subdivision or agency must have a group of employees on its staff who
are capable of performing the construction, maintenance, and repair
HEA 1075 — CC 1 21
applicable to that work. For purposes of this subsection, the cost of a
public work project includes:
(1) the actual cost of materials, labor, equipment, and rental;
(2) a reasonable rate for use of trucks and heavy equipment
owned; and
(3) all other expenses incidental to the performance of the project.
(b) This subsection applies only to a municipality or a county. The
workforce of a municipality or county may perform a public work
described in subsection (a) only if:
(1) the workforce, through demonstrated skills, training, or
expertise, is capable of performing the public work; and
(2) for a public work project under subsection (a) whose cost is
estimated to be more than one hundred thousand dollars
($100,000), the board:
(A) publishes a notice under IC 5-3-1 that:
(i) describes the public work that the board intends to
perform with its own workforce; and
(ii) sets forth the projected cost of each component of the
public work as described in subsection (a); and
(B) determines at a public meeting that it is in the public
interest to perform the public work with the board's own
workforce.
A public work project performed by a board's own workforce must be
inspected and accepted as complete in the same manner as a public
work project performed under a contract awarded after receiving bids.
(c) When the project involves the rental of equipment with an
operator furnished by the owner, or the installation or application of
materials by the supplier of the materials, the project is considered to
be a public work project and subject to this chapter. However, an
annual contract may be awarded for equipment rental and materials to
be installed or applied during a calendar or fiscal year if the proposed
project or projects are described in the bid specifications.
(d) A board of aviation commissioners or an airport authority board
may purchase or lease materials in the manner provided in IC 5-22 and
perform any public work by means of its own workforce and owned or
leased equipment, in the construction, maintenance, and repair of any
airport roadway, runway, taxiway, or aircraft parking apron whenever
the cost of that public work project is estimated to be less than one
hundred fifty thousand dollars ($150,000).
(e) Municipal and county hospitals must comply with this chapter
for all contracts for public work that are financed in whole or in part
with cumulative building fund revenue, as provided in section 1(c) of
HEA 1075 — CC 1 22
this chapter. However, if the cost of the public work is estimated to be
less than fifty thousand dollars ($50,000), as reflected in the board
minutes, the hospital board may have the public work done without
receiving bids, by purchasing the materials and performing the work by
means of its own workforce and owned or leased equipment.
(f) If a public works project involves a structure, an improvement,
or a facility under the control of a department (as defined in
IC 4-3-19-2(2)), public highway department that is under the
political control of a unit (as defined in IC 36-1-2-23) and involved
in the construction, maintenance, or repair of a public highway (as
defined in IC 9-25-2-4), the department may not artificially divide the
project to bring any part of the project under this section.
SECTION 29. IC 36-7-11.5-1, AS AMENDED BY P.L.234-2007,
SECTION 282, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 1. (a) As used in this chapter,
"advisory board" refers to the Orange County development advisory
board established by section 12 of this chapter.
(b) (a) As used in this chapter, "development commission" refers to
the Orange County development commission established by section 3.5
of this chapter.
(c) (b) As used in this chapter, "historic hotel" has the meaning set
forth in IC 4-33-2-11.1.
(d) (c) As used in this chapter, "hotel riverboat resort" refers to the
historic hotels, the riverboat operated under IC 4-33-6.5, and other
properties operated in conjunction with the riverboat enterprise located
in Orange County.
(e) (d) As used in this chapter, "qualified historic hotel" refers to a
historic hotel that has an atrium that includes a dome that is at least two
hundred (200) feet in diameter.
SECTION 30. IC 36-7-11.5-12 IS REPEALED [EFFECTIVE JULY
1, 2022]. Sec. 12. (a) The Orange County development advisory board
is established for the purpose of advising the development commission
established under section 3.5 of this chapter.
(b) The advisory board consists of five (5) members appointed as
follows:
(1) One (1) individual appointed by the speaker of the house of
representatives.
(2) One (1) individual appointed by the president pro tempore of
the senate.
(3) One (1) individual appointed by the Orange County
convention and visitors bureau.
(4) Two (2) individuals appointed by the chief operating officer
HEA 1075 — CC 1 23
of the hotel riverboat resort.
(c) Except as provided in subsection (d), the members of the
advisory board shall each serve for a term of four (4) years. A vacancy
shall be filled for the duration of the term by the original appointing
authority.
(d) The member appointed under subsection (b)(3) shall serve an
initial term of one (1) year. As determined by the appointing authority,
the two (2) members appointed under subsection (b)(4) shall serve
initial terms of two (2) and three (3) years respectively.
(e) A member of the advisory board is not entitled to a salary per
diem. However, a member is entitled to reimbursement for travel
expenses incurred in connection with the member's duties, as provided
in the state travel policies and procedures established by the
department of administration and approved by the budget agency.
SECTION 31. IC 36-7-13.5 IS REPEALED [EFFECTIVE JULY 1,
2022]. (Shoreline Development).
SECTION 32. IC 36-7.5-1-12, AS AMENDED BY P.L.197-2011,
SECTION 146, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 12. "Eligible political subdivision"
means the following:
(1) An airport authority.
(2) A commuter transportation district.
(3) A regional bus authority under IC 36-9-3-2(c).
(4) A regional transportation authority established under
IC 36-9-3-2.
(5) The Lake Michigan marina and shoreline development
commission under IC 36-7-13.5.
SECTION 33. IC 36-7.5-1-12.4 IS REPEALED [EFFECTIVE JULY
1, 2022]. Sec. 12.4. "Lake Michigan marina and shoreline development
commission" means the commission established by IC 36-7-13.5-2.
SECTION 34. IC 36-7.5-1-12.5 IS REPEALED [EFFECTIVE JULY
1, 2022]. Sec. 12.5. "Lake Michigan marina and shoreline development
commission project" means a project that can be financed with the
proceeds of bonds issued by the Lake Michigan marina and shoreline
development commission.
SECTION 35. IC 36-7.5-1-13, AS AMENDED BY P.L.197-2011,
SECTION 149, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 13. "Project" means an airport
authority project, a commuter transportation district project, an
economic development project, a regional bus authority project, or a
regional transportation authority project. or a Lake Michigan marina
and shoreline development commission project.
HEA 1075 — CC 1 24
SECTION 36. IC 36-7.5-2-1, AS AMENDED BY P.L.229-2017,
SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 1. The northwest Indiana regional development
authority is established as a separate body corporate and politic to carry
out the purposes of this article by:
(1) acquiring, constructing, equipping, owning, leasing, and
financing projects and facilities for lease to or for the benefit of
eligible political subdivisions under this article in accordance
with IC 36-7.5-3-1.5;
(2) funding and developing the Gary/Chicago International
Airport expansion and other airport authority projects, commuter
transportation district and other rail projects and services,
regional bus authority projects and services, regional
transportation authority projects and services, Lake Michigan
marina and shoreline development projects and activities, and
economic development projects in northwestern Indiana;
(3) assisting with the funding of infrastructure needed to sustain
development of an intermodal facility in northwestern Indiana;
(4) funding and developing regional transportation infrastructure
projects under IC 36-9-43; and
(5) studying and evaluating destination based economic
development projects that have:
(A) an identified market;
(B) identified funding sources and these funding sources
include at least fifty percent (50%) from nongovernmental
sources; and
(C) a demonstrable short and long term local and regional
economic impact, as verified by an independent economic
analysis.
An economic analysis conducted under clause (C) must be
submitted to the budget committee at least thirty (30) days before
review is sought for the project under IC 36-7.5-3-1.5.
SECTION 37. IC 36-7.5-3-1, AS AMENDED BY P.L.189-2018,
SECTION 168, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 1. The development authority shall
do the following:
(1) Subject to sections 1.5 and 1.7 of this chapter, assist in the
coordination of local efforts concerning projects.
(2) Assist a commuter transportation district, an airport authority,
the Lake Michigan marina and shoreline development
commission, a regional transportation authority, and a regional
bus authority in coordinating regional transportation and
HEA 1075 — CC 1 25
economic development efforts.
(3) Subject to sections 1.5 and 1.7 of this chapter, fund projects
as provided in this article.
(4) Fund bus services (including fixed route services and flexible
or demand-responsive services) and projects related to bus
services and bus terminals, stations, or facilities.
SECTION 38. IC 36-7.5-3-2, AS AMENDED BY P.L.229-2017,
SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 2. (a) The development authority may do any of
the following:
(1) Finance, improve, construct, reconstruct, renovate, purchase,
lease, acquire, and equip land and projects located in an eligible
county or eligible municipality.
(2) Lease land or a project to an eligible political subdivision.
(3) Finance and construct additional improvements to projects or
other capital improvements owned by the development authority
and lease them to or for the benefit of an eligible political
subdivision.
(4) Acquire land or all or a portion of one (1) or more projects
from an eligible political subdivision by purchase or lease and
lease the land or projects back to the eligible political subdivision,
with any additional improvements that may be made to the land
or projects.
(5) Acquire all or a portion of one (1) or more projects from an
eligible political subdivision by purchase or lease to fund or
refund indebtedness incurred on account of the projects to enable
the eligible political subdivision to make a savings in debt service
obligations or lease rental obligations or to obtain relief from
covenants that the eligible political subdivision considers to be
unduly burdensome.
(6) Make loans, loan guarantees, and grants or provide other
financial assistance to or on behalf of the following:
(A) A commuter transportation district.
(B) An airport authority or airport development authority.
(C) The Lake Michigan marina and shoreline development
commission.
(D) (C) A regional bus authority. A loan, loan guarantee,
grant, or other financial assistance under this clause may be
used by a regional bus authority for acquiring, improving,
operating, maintaining, financing, and supporting the
following:
(i) Bus services (including fixed route services and flexible
HEA 1075 — CC 1 26
or demand-responsive services) that are a component of a
public transportation system.
(ii) Bus terminals, stations, or facilities or other regional bus
authority projects.
(E) (D) A regional transportation authority.
(F) (E) A member municipality that is eligible to make an
appointment to the development board under
IC 36-7.5-2-3(b)(2) and that has pledged admissions tax
revenue for a bond anticipation note after March 31, 2014, and
before June 30, 2015. However, a loan made to such a member
municipality before June 30, 2016, under this clause must
have a term of not more than ten (10) years, must require
annual level debt service payments, and must have a market
based interest rate. If a member municipality defaults on the
repayment of a loan made under this clause, the development
authority shall notify the treasurer of state of the default and
the treasurer of state shall:
(i) withhold from any funds held for distribution to the
municipality under IC 4-33-12, or IC 4-33-13 an amount
sufficient to cure the default; and
(ii) pay that amount to the development authority.
(7) Provide funding to assist a railroad that is providing commuter
transportation services in an eligible county or eligible
municipality.
(8) Provide funding to assist an airport authority located in an
eligible county or eligible municipality in the construction,
reconstruction, renovation, purchase, lease, acquisition, and
equipping of an airport facility or airport project.
(9) Provide funding to assist in the development of an intermodal
facility to facilitate the interchange and movement of freight.
(10) Provide funding to assist the Lake Michigan marina and
shoreline development commission in carrying out the purposes
of IC 36-7-13.5.
(11) (10) Provide funding for economic development projects in
an eligible county or eligible municipality.
(12) (11) Hold, use, lease, rent, purchase, acquire, and dispose of
by purchase, exchange, gift, bequest, grant, condemnation, lease,
or sublease, on the terms and conditions determined by the
development authority, any real or personal property located in an
eligible county or eligible municipality.
(13) (12) After giving notice, enter upon any lots or lands for the
purpose of surveying or examining them to determine the location
HEA 1075 — CC 1 27
of a project.
(14) (13) Make or enter into all contracts and agreements
necessary or incidental to the performance of its duties and the
execution of its powers under this article.
(15) (14) Sue, be sued, plead, and be impleaded.
(16) (15) Design, order, contract for, and construct, reconstruct,
and renovate a project or improvements to a project.
(17) (16) Appoint an executive director and employ appraisers,
real estate experts, engineers, architects, surveyors, attorneys,
accountants, auditors, clerks, construction managers, and any
consultants or employees that are necessary or desired by the
development authority in exercising its powers or carrying out its
duties under this article.
(18) (17) Accept loans, grants, and other forms of financial
assistance from the federal government, the state government, a
political subdivision, or any other public or private source.
(19) (18) Use the development authority's funds to match federal
grants or make loans, loan guarantees, or grants to carry out the
development authority's powers and duties under this article.
(20) (19) Provide funding for regional transportation
infrastructure projects under IC 36-9-43.
(21) (20) Except as prohibited by law, take any action necessary
to carry out this article.
(b) If the development authority is unable to agree with the owners,
lessees, or occupants of any real property selected for the purposes of
this article, the development authority may proceed under IC 32-24-1
to procure the condemnation of the property. The development
authority may not institute a proceeding until it has adopted a
resolution that:
(1) describes the real property sought to be acquired and the
purpose for which the real property is to be used;
(2) declares that the public interest and necessity require the
acquisition by the development authority of the property involved;
and
(3) sets out any other facts that the development authority
considers necessary or pertinent.
The resolution is conclusive evidence of the public necessity of the
proposed acquisition.
SECTION 39. IC 36-7.5-4-6, AS ADDED BY P.L.214-2005,
SECTION 73, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 6. (a) Bonds issued under IC 8-5-15, IC 8-22-3,
IC 36-7-13.5, or IC 36-9-3 or prior law may be refunded as provided in
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this section.
(b) An eligible political subdivision may:
(1) lease all or a portion of land or a project or projects to the
development authority, which may be at a nominal lease rental
with a lease back to the eligible political subdivision, conditioned
upon the development authority assuming bonds issued under
IC 8-5-15, IC 8-22-3, IC 36-7-13.5, or IC 36-9-3 or prior law and
issuing its bonds to refund those bonds; and
(2) sell all or a portion of land or a project or projects to the
development authority for a price sufficient to provide for the
refunding of those bonds and lease back the land or project or
projects from the development authority.
SECTION 40. IC 36-8-16.7-48, AS AMENDED BY P.L.121-2016,
SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 48. (a) The budget committee shall review the
statewide 911 system governed by this chapter for the two (2) calendar
years ending:
(1) December 31, 2013; and
(2) December 31, 2014.
(b) In conducting the review required by this section, the budget
committee may examine the following:
(1) Whether the fund is being administered by the board in
accordance with this chapter.
(2) The collection, disbursement, and use of the statewide 911 fee
assessed under section 32 of this chapter. In performing a review
under this subdivision, the budget committee may examine
whether the statewide 911 fee:
(A) is being assessed in an amount that is reasonably
necessary to provide adequate and efficient 911 service; and
(B) is being used only for the purposes set forth in this chapter.
(3) The report submitted to the budget committee by the Indiana
advisory commission on intergovernmental relations under
IC 4-23-24.2-5(b) (before its expiration on July 1, 2016).
(4) (3) Any other data, reports, or information the budget
committee determines is necessary to review the statewide 911
system governed by this chapter.
(c) Subject to section 42 of this chapter, the board, the state board
of accounts, political subdivisions, providers, and PSAPs shall provide
to the budget committee all relevant data, reports, and information
requested by the budget committee to assist the budget committee in
carrying out its duties under this section.
(d) After conducting the review required by this section, the budget
HEA 1075 — CC 1 29
committee shall, not later than June 1, 2015, report its findings to the
legislative council. The budget committee's findings under this
subsection:
(1) must include a recommendation as to whether the statewide
911 fee assessed under section 32 of this chapter should continue
to be assessed and collected under this chapter after June 30,
2015; and
(2) if the budget committee recommends under subdivision (1)
that the statewide 911 fee assessed under section 32 of this
chapter should continue to be assessed and collected under this
chapter after June 30, 2015, may include recommendations for the
introduction in the general assembly of any legislation that the
budget committee determines is necessary to ensure that the
statewide 911 system governed by this chapter is managed in a
fair and fiscally prudent manner.
A report to the legislative council under this subsection must be in an
electronic format under IC 5-14-6.
(e) If the budget committee does not recommend in its report under
subsection (d) that the statewide 911 fee assessed under section 32 of
this chapter should continue to be assessed and collected under this
chapter after June 30, 2015, the statewide 911 fee assessed under
section 32 of this chapter expires July 1, 2015, and may not be assessed
or collected after June 30, 2015.
SECTION 41. An emergency is declared for this act.
HEA 1075 — CC 1 Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1075 — CC 1