Information Maintained by the Office of Code Revision Indiana Legislative Services Agency
2006-1-589
    (Expired 7-1-2008, by P.L.1-2006, SEC.589.)

2006-1-590
    (Expired 1-1-2008, by P.L.1-2006, SEC.590.)

2006-1-591
    (Expired 7-1-2006, by P.L.1-2006, SEC.591.)

2006-1-592
    (Expired 12-31-2008, by P.L.1-2006, SEC.592.)

2006-3-3
    SECTION 3. IC 35-45-1-3 and IC 35-45-2-1, both as amended by this act, apply only to crimes committed after the effective date of this act.

2006-5-2
    SECTION 2. (a) As used in this SECTION, "bureau" refers to the     (b) As used in this SECTION, "commercial driver training school" has the meaning set forth in IC 9-27-4-2.
    (c) The bureau shall adopt rules under IC 4-22-2 to allow a licensed commercial driver training school to provide classroom training in a county other than the county in which the commercial driver training school is located to the students of:
        (1) a school corporation (as defined in IC 36-1-2-17);
        (2) a nonpublic secondary school that voluntarily becomes accredited under IC 20-19-2-8;
        (3) a nonpublic secondary school recognized under IC 20-19-2-10;
        (4) a state educational institution (as defined in IC 20-12-0.5-1); or
        (5) a nonaccredited nonpublic school.
However, the rules must provide that a licensed school may provide classroom training in an entity listed in subdivisions (1) through (3) only if the governing body of the entity approves the delivery of the training to its students.
    (d) Notwithstanding subsection (c), the bureau shall allow a licensed commercial driver training school to provide classroom training in a county other than the county in which the commercial driver training school is located as provided in:
        (1) IC 9-27-4-4(c), as amended by this act; and
        (2) subsection (b) of this SECTION;
under interim written guidelines approved by the commissioner of the bureau.
    (e) The interim written guidelines approved and used under subsection (b) of this SECTION expire on the earlier of the following:
        (1) The date rules are adopted under IC 9-27-4-4(b).
        (2) December 31, 2008.

2006-6-10



    SECTION 10. IC 35-42-4-10 and IC 35-42-4-11, both as added by this act, apply only to crimes committed after June 30, 2006.

2006-8-4
    (Expired 12-31-2006, by P.L.8-2006, SEC.4.)

2006-12-3
    SECTION 3. (a) For purposes of this SECTION, "commission" refers to the commission on mental health established by IC 12-21-6.5-2, as added by this act.
    (b) The initial members of the board shall serve for the following terms:
        (1) One (1) member appointed under IC 12-21-6.5-3(2)(A), as added by this act, for one (1) year.
        (2) One (1) member appointed under IC 12-21-6.5-3(2)(A), as added by this act, for two (2) years.
        (3) One (1) member appointed under IC 12-21-6.5-3(2)(A), as added by this act, for three (3) years.
        (4) One (1) member appointed under IC 12-21-6.5-3(2)(A), as added by this act, for four (4) years.
        (5) One (1) member appointed under IC 12-21-6.5-3(2)(B), as added by this act, for one (1) year.
        (6) One (1) member appointed under IC 12-21-6.5-3(2)(B), as added by this act, for three (3) years.
        (7) One (1) member appointed under IC 12-21-6.5-3(2)(C), as added by this act, for two (2) years.
        (8) One (1) member appointed under IC 12-21-6.5-3(2)(C), as added by this act, for four (4) years.
        (9) One (1) member appointed under IC 12-21-6.5-3(2)(D), as added by this act, for one (1) year.
        (10) One (1) member appointed under IC 12-21-6.5-3(2)(D), as added by this act, for three (3) years.
        (11) One (1) member appointed under IC 12-21-6.5-3(2)(E), as added by this act, who is a representative of a for-profit psychiatric provider, for two (2) years.
        (12) One (1) member appointed under IC 12-21-6.5-3(2)(E), as added by this act, who is a physician licensed under IC 25-22.5, for three (3) years.
        (13) One (1) member appointed under IC 12-21-6.5-3(2)(E), as added by this act, who is not described in subdivision (11) or (12), for four (4) years.
    (c) This SECTION expires December 31, 2011.

2006-15-6
    (Expired 7-1-2006, by P.L.15-2006, SEC.6.)

2006-18-1
    Amended by P.L.3-2007, SEC.1.

2006-19-1
    SECTION 1. (a) The definitions in IC 21-3-1.6-1.1 apply throughout

this SECTION.
    (b) As used in this SECTION, "department" refers to the department of education.
    (c) As used in this SECTION, "education roundtable" refers to the education roundtable established by IC 20-19-4-2.
    (d) As used in this SECTION, "informational count" means a count of the number of eligible pupils enrolled in a school corporation or a transferee corporation.
    (e) A school corporation shall conduct an informational count on May 1, 2007, May 1, 2008, and May 1, 2009.
    (f) Subject to subsection (g), in determining the informational count, a school corporation shall count eligible pupils in the same manner and with the same standards as eligible pupils are counted to determine current ADM.
    (g) The informational count must also include the following information:
        (1) A comparison between the number of eligible pupils on the informational count date and the number of eligible pupils in the current ADM.
        (2) Using a coding system developed by the department, the number (to the extent known by the school corporation or transferee corporation) of eligible pupils dropping out of or otherwise withdrawing from the school corporation or transferee corporation after the date of the current ADM count, grouped by the reason or reasons for withdrawal from school.
        (3) Using a coding system developed by the department:
            (A) the number of suspensions and expulsions occurring after the date of the current ADM count, grouped by the reason or reasons for each suspension and expulsion; and
            (B) the number and types of alternative educational placements that were provided or offered to suspended and expelled eligible pupils in each group.
        (4) The number of tuition transfer students accepted by a transferee corporation after the date of the current ADM count.
    (h) The department shall report the information obtained in the informational count to the:
        (1) governor;
        (2) members of the education roundtable; and
        (3) executive director of the legislative services agency;
not later than thirty (30) days after the department receives the informational count reports for the year from all school corporations and transferee corporations. The report to the executive director of the legislative services agency must be in an electronic format under IC 5-14-6.
    (i) This SECTION applies to school years beginning after June 30, 2006.
    (j) This SECTION expires December 31, 2009.

2006-23-1
    SECTION 1. (a) As used in this SECTION, "office" refers to the office of Medicaid policy and planning established by IC 12-8-6-1.


    (b) As used in this SECTION, "pay-in option" refers to the method allowed under 42 U.S.C. 1396b under which a Medicaid recipient may satisfy a state's income spend down requirements by paying to the state the spend down amount each month.
    (c) Before June 1, 2006, the office may apply to the United States Department of Health and Human Services to amend the state's Medicaid plan to allow a Medicaid recipient to elect to participate in the pay-in option in the state's Medicaid spend down program allowed under 42 U.S.C. 1396b.
    (d) The office may not implement the amendment described in subsection (c) until the office files an affidavit with the governor attesting that the amendment applied for under this SECTION is in effect. If the office applies for the amendment described in this SECTION, the office shall file the affidavit under this subsection not later than five (5) days after the office is notified by the United States Department of Health and Human Services that the amendment is approved.
    (e) If the office receives approval for the amendment under this SECTION and the governor receives the affidavit filed under subsection (d), the office may implement the amendment.
    (f) The office may adopt rules under IC 4-22-2 necessary to implement this SECTION.
    (g) This SECTION expires December 31, 2013.

2006-25-1
    (Repealed by P.L.210-2007, SEC.2.)

2006-26-3
    SECTION 3. IC 35-41-1-10.5 and IC 35-46-1-4, both as amended by this act, apply only to crimes committed after June 30, 2006.

2006-27-63
    SECTION 63. (a) As used in this SECTION, "basic telecommunications service" has the meaning set forth in IC 8-1-2.6-0.1, as added by this act.
    (b) As used in this SECTION, "commission" refers to the Indiana utility regulatory commission created by IC 8-1-1-2.
    (c) As used in this SECTION, "provider" has the meaning set forth in IC 8-1-2.6-0.4, as added by this act.
    (d) Notwithstanding IC 8-1-2.6-1.4, as added by this act, the commission may, before July 1, 2009, take any action necessary to divest itself, by July 1, 2009, of any jurisdiction that:
        (1) is not described in IC 8-1-2.6-1.5(b), as added by this act, or IC 8-1-2.6-13(d), as added by this act; and
        (2) the commission exercises over basic telecommunications service before July 1, 2009.
    (e) This SECTION expires January 1, 2010.

2006-27-64
    SECTION 64. (a) The definitions in IC 8-1-34, as added by this act, apply throughout this SECTION.


    (b) As used in this SECTION, "commission" refers to the Indiana utility regulatory commission created by IC 8-1-1-2.
    (c) For the period beginning July 1, 2006, and ending June 30, 2010, the commission shall conduct an analysis of the deployment of video service in Indiana. In conducting the analysis required under this subsection, the commission shall determine and collect data on the following for each metropolitan statistical area in Indiana on at least an annual basis:
        (1) The median per capita income of the metropolitan statistical area in relation to the median per capita income of the state.
        (2) Whether the metropolitan statistical area is part of or includes an underserved area, as determined by the Indiana finance authority under IC 8-1-33-13, as amended by this act.
        (3) An identification of each provider offering video service in the metropolitan statistical area. For each provider identified under this subdivision, the commission shall identify whether the provider offers video service in the metropolitan statistical area under:
            (A) a local franchise; or
            (B) a certificate issued by the commission under IC 8-1-34-17, as added by this act.
        (4) For each provider identified under subdivision (3), the type of technology used to deliver the video service offered. In compiling the information required under this subdivision, the commission may prepare a map identifying the location of the infrastructure used to provide video service within the metropolitan statistical area.
        (5) For each provider identified under subdivision (3), any infrastructure build out initiated or completed within the metropolitan statistical area during the particular data collection period. For a provider that offers video service in the metropolitan statistical area under a local franchise, the commission shall identify whether the build out identified under this subdivision is required under the local franchise. In compiling the information required under this subdivision, the commission may prepare a map identifying the location of any build out that is initiated or completed.
        (6) For each provider identified under subdivision (3), the provider's compliance with IC 8-1-34-28, as added by this act. The commission shall include in the data collected under this subdivision information on any complaint filed by an affected person under IC 8-1-34-28(c), as added by this act, including the commission's resolution of the complaint under IC 8-1-34-28(d).
    (d) In the commission's report under IC 8-1-2.6-4 that is due to the regulatory flexibility committee on July 1, 2010, the commission shall include the results of the commission's analysis under subsection (c). The results reported must include the data collected under subsection (c) for each metropolitan statistical area in Indiana for each annual data collection period monitored by the commission during the four year period specified under subsection (c).

2006-27-65
    (Expired 1-1-2009, by P.L.27-2006, SEC.65.)

2006-29-4
    Amended by P.L.180-2007, SEC.13.

2006-29-5
    (Expired 7-1-2007, by P.L.29-2006, SEC.5.)

2006-32-4
    (Expired 1-1-2008, by P.L.32-2006, SEC.4.)

2006-33-4
    SECTION 4. IC 33-39-7-15, IC 33-39-7-16, and IC 33-39-7-19, all as amended by this act, apply to a participant in the prosecuting attorneys retirement fund who:
        (1) is serving on July 1, 2006; or
        (2) begins service after July 1, 2006;
in a position described in IC 33-39-7-8.

2006-35-1
    (Repealed by P.L.16-2009, SEC.34.)

2006-45-3
    (Expired 12-31-2007, by P.L.45-2006, SEC.3.)

2006-47-62
    (Expired 7-1-2007, by P.L.47-2006, SEC.62.)

2006-47-63
    (Expired 1-1-2008, by P.L.47-2006, SEC.63.)

2006-47-64
    SECTION 64. The provisions of this act are severable in the manner provided by IC 1-1-1-8(b).

2006-47-65
    SECTION 65. (a) The definitions set forth in IC 8-15.5-2, as added by this act, apply throughout this SECTION.
    (b) Actions taken with respect to:
        (1) the issuance of a request for proposals;
        (2) the determination of responsible and eligible offerors; and
        (3) the preliminary selection of an operator by the authority;
for a public-private agreement before the effective date of this act that would have been valid under IC 8-15.5, as added by this act, are legalized and validated.

2006-51-6
    SECTION 6. IC 36-8-10-12.2, as amended by this act, applies to an employee beneficiary of a county retirement plan established under IC 36-8-10-12 who dies in the line of duty after December 31, 2005.



2006-52-3
    SECTION 3. (a) For purposes of this SECTION, "notice of assessment" refers to a notice of assessment mailed under:
        (1) IC 36-9-27-40(b);
        (2) IC 36-9-27-52(b);
        (3) IC 36-9-27-63(b);
        (4) IC 36-9-27-92(b); or
        (5) IC 36-9-27-93(b).
    (b) IC 36-9-27-86, as amended by this act, applies to an assessment only if the notice of assessment is mailed after December 31, 2005.
    (c) The state is not entitled to a refund of an assessment paid by the state for which the notice of assessment was mailed before January 1, 2006.

2006-54-5
    SECTION 5. (a) IC 20-26-9-19, as added by this act, does not apply to a contract that:
        (1) was executed before July 1, 2006;
        (2) takes effect not later than July 1, 2006; and
        (3) requires a governing body of a school corporation to allow the sale of:
            (A) soft drinks and similar beverages; or
            (B) food;
        with no or low nutritional value, as defined by the United States Department of Agriculture, from vending machines or other dispensing units during school hours.
However, the governing body may not renew a contract described in this SECTION and, after the contract expires, must comply with IC 20-26-9-19, as added by this act.
    (b) This SECTION expires July 1, 2011.

2006-54-6
    (Expired 12-31-2008, by P.L.54-2006, SEC.6.)

2006-58-9
    (Expired by P.L.58-2006, SEC.9.)

2006-58-10
    SECTION 10. The director of veterans' affairs, after consultation with the veterans' affairs commission, shall report to the budget committee before August 1, 2006, on the topics described in IC 10-17-12-10, as added by this act.

2006-58-11
    SECTION 11. (a) The provision of P.L.246-2005, SECTION 9, that limits the Indiana department of veterans' affairs from considering new applications from dependents of veterans with disabilities not greater than zero (0) percentage does not apply to applications affecting academic years beginning after June 30, 2006.
    (b) Beginning July 1, 2006, the appropriation for state student assistance commission statutory fee remission made by P.L.246-2005,

SECTION 9, may be allotted and used for statutory fee remission related to dependents of veterans with disabilities not greater than zero (0) percentage.

2006-58-12
    (Expired 12-31-2007, by P.L.58-2006, SEC.12.)

2006-61-8
    SECTION 8. IC 29-1-2-1 and IC 29-1-3-1, both as amended by this act, apply to the estate of an individual who dies after June 30, 2005.

2006-61-9
    SECTION 9. IC 29-1-8-1 and IC 29-1-8-4.5, both as amended by this act, apply to the estate of an individual who dies after June 30, 2006.

2006-66-31
    (Expired 7-1-2007, by P.L.66-2006, SEC.31.)

2006-66-32
    SECTION 32. (a) On June 30, 2006, land classified as wildlife habitat under IC 6-1.1-6.5, before its repeal by this act, is classified on July 1, 2006, as wildlands under IC 6-1.1-6, as amended by this act. The change in classification does not constitute a withdrawal. Upon subsequent withdrawal from classification, the date of initial classification and the initial classification assessment shall be used in determining any withdrawal payments. The department of natural resources shall furnish the forms necessary to change classifications.
    (b) This SECTION expires July 1, 2011.

2006-67-18
    SECTION 18. IC 6-1.1-37-10, as amended by this act, applies only to ad valorem property taxes first due and payable after December 31, 2006.

2006-67-19
    (Expired 1-1-2007, by P.L.67-2006, SEC.19.)

2006-67-20
    SECTION 20. IC 6-1.1-18.5-12, IC 6-1.1-19-2, IC 6-1.1-21-2, IC 6-1.1-22-3, IC 6-1.1-22-5, IC 6-1.1-22-9, IC 6-1.1-22-9.5, and IC 6-1.1-22.5-6, all as amended by this act, apply only to property taxes first due and payable after December 31, 2005.

2006-67-21
    SECTION 21. IC 6-1.1-37-10.7, as added by this act, applies only to property taxes first due and payable after December 31, 2006.

2006-67-22
    SECTION 22. (a) As used in this SECTION, "taxable year" has the meaning set forth in IC 6-3-1-16.


    (b) In addition to any other deduction permitted under IC 6-3, a delayed property tax payment paid in taxable year 2005 for property taxes assessed in 2002, 2003, or 2004 assessment years:
        (1) that would have been payable in 2003, 2004, or a part of calendar year 2005 that preceded the beginning of the taxpayer's 2005 taxable year if tax statements had been issued in those years; and
        (2) where the taxpayer was not delinquent in remitting the property tax to the county treasurer when paid in taxable year 2005;
is deductible from adjusted gross income under IC 6-3-1-3.5 in the 2006 taxable year if the property tax was not deducted in any previous taxable year. The amount of the deduction for the property taxes due for a particular assessment year is limited to the lesser of the property tax paid for the assessment year or two thousand five hundred dollars ($2,500).

2006-69-3
    SECTION 3. (a) As used in this SECTION, "commission" refers to the state fair commission.
    (b) As used in this SECTION, "member" refers to a member of the commission.
    (c) Notwithstanding IC 15-1.5-2-3, as amended by this act, a member:
        (1) who is serving on the commission on June 30, 2006; and
        (2) whose term of service on the commission expires June 30, 2006;
is entitled to serve on the commission through September 30, 2006.
    (d) Notwithstanding IC 15-1.5-2-3, as amended by this act, a member:
        (1) who is serving on the commission on June 30, 2006; and
        (2) whose term of service on the commission expires after June 30, 2006;
is entitled to serve on the commission through September 30 of the year that the term of the member expires.
    (e) This SECTION expires October 1, 2009.

2006-70-2
    SECTION 2. IC 35-42-3-3, as amended by this act, applies only to crimes committed after June 30, 2006.

2006-72-10
    SECTION 10. IC 35-47-5-2.5, as added by this act, applies only to crimes committed after June 30, 2006.

2006-75-4
    SECTION 4. IC 9-21-8-55, as added by this act, and IC 35-42-2-2, as amended by this act, apply only to offenses committed after June 30, 2006.

2006-77-2


    SECTION 2. IC 34-30-23, as added by this act, does not apply to a cause of action that accrues before July 1, 2006.

2006-80-18
    SECTION 18. IC 6-1.1-18.5-13, as amended by this act, applies only to ad valorem property taxes first due and payable after December 31, 2006.

2006-80-19
    SECTION 19. (a) The thirty-third, thirty-fourth, and thirty-fifth judges of the Marion superior court added by IC 33-33-49-6, as amended by this act, shall be elected at the general election on November 7, 2006, for terms beginning January 1, 2007, and ending December 31, 2012. At the primary election held in 2006, a political party may nominate not more than nine (9) candidates for judge of the court. A political party may nominate one (1) additional candidate to be elected judge of the court at the 2006 general election using the candidate vacancy provisions under IC 3-13-1 for a total of not more than ten (10) candidates for judge of the court. Other candidates may qualify under IC 3-8-6 to be voted on at the general election. The candidates shall be voted on at the general election. At the 2006 general election, persons eligible to vote at the general election may vote for twenty (20) candidates for judge of the court.
    (b) The thirty-sixth judge of the Marion superior court added by IC 33-33-49-6, as amended by this act, shall be elected at the general election on November 4, 2008, for terms beginning January 1, 2009, and ending December 31, 2014. At the primary election held in 2008, a political party may nominate not more than eight (8) candidates for judge of the court. Other candidates may qualify under IC 3-8-6 to be voted on at the general election. The candidates shall be voted on at the general election. At the 2008 general election, persons eligible to vote at the general election may vote for sixteen (16) candidates for judge of the court.
    (c) This act may not be construed to affect the term of any judge serving on the Marion superior court on the effective date of this act.
    (d) This SECTION expires January 2, 2015.

2006-86-1
    (Expired 12-31-2006, by P.L.86-2006, SEC.1.)

2006-89-17
    (Expired by P.L.89-2006, SEC.17.)

2006-90-1
    (Expired 7-1-2007, by P.L.90-2006, SEC.1.)

2006-91-16
    (Expired 6-30-2007, by P.L.91-2006, SEC.16.)

2006-91-17
    (Expired 1-1-2007, by P.L.91-2006, SEC.17.)


2006-91-18
    SECTION 18. Notwithstanding IC 4-32.2, as added by this act, or any other law, the Indiana gaming commission may adopt emergency rules under IC 4-22-2-37.1 before July 1, 2006, to facilitate the transfer of the duty to administer charity gaming from the department of state revenue to the Indiana gaming commission.

2006-92-2
    SECTION 2. IC 6-2.5-5-39, as amended by this act, applies to retail transactions occurring after June 30, 2006.

2006-95-11
    (Expired 7-1-2009, by P.L.95-2006, SEC.11.)

2006-96-2
    Amended by P.L.158-2007, SEC.1.

2006-99-1
    (Expired 1-1-2009, by P.L.99-2006, SEC.1.)

2006-99-2
    (Expired 1-1-2009, by P.L.99-2006, SEC.2.)

2006-100-13
    (Expired by P.L.100-2006, SEC.13.)

2006-100-14
    (Expired 7-1-2008, by P.L.100-2006, SEC.14.)

2006-100-15
    SECTION 15. IC 13-14-9-3 and IC 13-14-9-4, both as amended by this act, apply only to proposed rules for which the department of environmental management provides notice under IC 13-14-9-3, as amended by this act, after June 30, 2006.

2006-100-16
    (Expired 1-1-2007, by P.L.100-2006, SEC.16.)

2006-101-40
    SECTION 40. (a) This SECTION does not apply to the emergency medical services fund established by IC 16-31-8.5-3.
    (b) After June 30, 2006, the following apply:
        (1) The:
            (A) emergency management fund;
            (B) fire services fund;
            (C) building services fund;
            (D) emergency medical services fund; and
            (E) stewardship fund;
        established by IC 10-15-3-1 are abolished.
        (2) All money contained in the funds listed in subdivision (1) is transferred to the Indiana homeland security fund established by

IC 10-15-3-1, as amended by this act.

2006-111-12
    SECTION 12. (a) IC 6-2.5-8-1, as amended by this act, applies to all registered retail merchant's certificates renewed after December 31, 2006, regardless of when the applicant applied to the department of state revenue to have the certificate renewed.
    (b) All registered retail merchant's certificates issued by the department of state revenue before December 1, 2006, expire on December 31, 2006. All registered retail merchant's certificates issued by the department of state revenue after November 30, 2006, and before January 1, 2007, expire on December 31, 2008. However, to spread the workload of renewing registered retail merchant's certificates throughout a state fiscal year, the department of state revenue may establish a staggered renewal schedule, delaying the expiration date that would otherwise apply under this SECTION to a certificate until the expiration date set by the department of state revenue. The department of state revenue may not delay the expiration of a certificate under this subsection for more than one (1) year.
    (c) This subsection applies to registered retail merchant's certificates that expire under this SECTION before March 2, 2007. The department of state revenue, at least sixty (60) days before the date on which a retail merchant's registered retail merchant's certificate expires, shall notify a retail merchant who is delinquent in remitting sales or use tax that under IC 6-2.5-8-1(g), as amended by this act, the department of state revenue will not renew the retail merchant's registered retail merchant's certificate.
    (d) To carry out this act, the department of state revenue may adopt temporary rules in the manner provided for the adoption, filing, and publication of emergency rules under IC 4-22-2-37.1. A temporary rule adopted under this subsection expires on the earliest of the following:
        (1) The date that another temporary rule is adopted under this subsection to replace the previously adopted temporary rule.
        (2) The date that a permanent rule is adopted under IC 4-22-2 to replace a temporary rule.
        (3) January 1, 2009.

2006-112-3
    SECTION 3. (a) As used in this SECTION, "task force" refers to the water shortage task force established by IC 14-25-14-2, as added by this act.
    (b) The director of the department of natural resources shall make appointments to the task force by July 1, 2006.
    (c) Notwithstanding IC 14-25-14-3(a), as added by this act, the initial terms of the members of the task force are as follows:
        (1) Fifty percent (50%) of the members for a term of two (2) years.
        (2) Fifty percent (50%) of the members for a term of four (4) years.
The director of the department of natural resources shall designate whether a member is appointed to a term described in subdivision (1)

or a term described in subdivision (2).
    (d) The initial term of a member of the task force begins July 1, 2006.
    (e) The task force shall complete an initial revision of the 1994 water shortage plan that includes the elements set forth in IC 14-25-14-2, as added by this act, before July 1, 2009, and present the revised plan to the water resources study committee established by IC 2-5-25-1 for review.
    (f) This SECTION expires July 1, 2010.

2006-115-3
    (Expired 12-1-2006, by P.L.115-2006, SEC.3.)

2006-125-12
    SECTION 12. (a) IC 35-43-5-3.5, as amended by this act, and IC 35-43-5-4.3, as added by this act, apply only to crimes committed after June 30, 2006.
    (b) IC 35-50-5-3, as amended by this act, applies only to persons sentenced after June 30, 2006.

2006-126-5
    SECTION 5. (a) As used in this SECTION, "board" means the sexual assault standards and certification board established by IC 4-23-25-11, as added by this act.
    (b) The initial terms of office for the ten (10) members appointed to the board under IC 4-23-25-11, as added by this act, are as follows:
        (1) Three (3) members for a term of four (4) years.
        (2) Three (3) members for a term of three (3) years.
        (3) Two (2) members for a term of two (2) years.
        (4) Two (2) members for a term of one (1) year.
The governor shall specify the term of each member described in this subsection when making the initial appointment.
    (c) The initial terms begin July 1, 2006.
    (d) The governor shall convene the first meeting of the board.
    (e) The first meeting of the board shall convene not later than October 1, 2006.
    (f) This SECTION expires July 1, 2010.

2006-126-6
    (Expired 7-2-2006, by P.L.126-2006, SEC.6.)

2006-127-4
    SECTION 4. IC 27-8-5-2.5, IC 27-8-5-16.5, and IC 27-8-5-19, all as amended by this act, apply to a certificate of coverage under a nonemployer based association group policy of accident and sickness insurance that is issued, delivered, amended, or renewed after June 30, 2006.

2006-129-3
    SECTION 3. IC 35-42-2-1.3, as amended by this act, and IC 35-42-2-9, as added by this act, apply only to crimes committed

after June 30, 2006.

2006-132-5
    (Expired 7-1-2007, by P.L.132-2006, SEC.5.)

2006-133-1
    (Expired 1-1-2007, by P.L.133-2006, SEC.1.)

2006-135-22
    SECTION 22. This act does not affect a legal proceeding or appeal initiated under IC 24-2-1 before July 1, 2006.

2006-137-15
    SECTION 15. IC 6-2.5-5-41, as added by this act, applies to transactions occurring after December 31, 2006.

2006-137-16
    SECTION 16. IC 6-3.1-13-15.5, as amended by this act, applies to applications for credits filed under IC 6-3.1-13 after March 31, 2006.

2006-137-17
    SECTION 17. (a) The definitions set forth in IC 6-3.1-30, including IC 6-3.1-30-2, as amended by this act, apply throughout this SECTION.
    (b) Notwithstanding the effective dates included in P.L.193-2005, SECTION 21 of P.L.193-2005 takes effect January 1, 2006, and not January 1, 2007.
    (c) Notwithstanding SECTION 24 of P.L.193-2005, an eligible business is entitled to a credit under IC 6-3.1-30 for relocation costs that are incurred for a qualifying project during a taxable year beginning after December 31, 2005.
    (d) Notwithstanding SECTION 21 of P.L.193-2005 and SECTION 24 of P.L.193-2005, IC 6-3.1-20-2, IC 6-3.1-30-8, and IC 6-3.1-30-12, all as amended by this act, apply to taxable years beginning after December 31, 2005.

2006-137-18
    SECTION 18. IC 27-5.1-2-8, as amended by this act, applies only to taxable years beginning after December 31, 2005.

2006-138-15
    SECTION 15. IC 16-41-9-1.5(t), as added by this act, applies only to crimes committed after June 30, 2006.

2006-138-16
    (Repealed by P.L.16-2009, SEC.34.)

2006-139-7
    SECTION 7. IC 35-44-3-13, as added by this act, applies only to crimes committed after June 30, 2006.

2006-139-8


    SECTION 8. IC 35-50-6-1, as amended by this act, applies only to a person who commits a crime after June 30, 2006.

2006-139-9
    (Expired 7-1-2007, by P.L.139-2006, SEC.9.)

2006-139-10
    SECTION 10. (a) The department of correction shall report to the legislative council before November 1 of each year concerning the department's implementation of lifetime parole and GPS monitoring for sex offenders. The report must include information relating to:
        (1) the expense of lifetime parole and GPS monitoring;
        (2) recidivism; and
        (3) any proposal to make the program of lifetime parole and GPS monitoring less expensive or more effective, or both.
    (b) The report described in subsection (a) must be in an electronic format under IC 5-14-6.
    (c) This SECTION expires November 2, 2010.

2006-139-11
    (Repealed by P.L.16-2009, SEC.34.)

2006-140-42
    SECTION 42. IC 11-8-8-15, IC 11-8-8-17, IC 11-8-8-18, IC 35-42-4-10, and IC 35-44-3-13, all as added by this act, and IC 35-43-1-2, IC 35-42-4-11, and IC 35-49-3-3, all as amended by this act, apply only to crimes committed after June 30, 2006.

2006-140-43
    SECTION 43. Notwithstanding IC 10-13-6-10, IC 10-13-6-11, IC 35-38-2-2.3, IC 35-38-2.5-6, and IC 35-38-2.6-3, all as amended by this act, and IC 35-38-1-27, as added by this act, a probation department, community corrections department, or other agency supervising an offender on conditional release is not required to collect a DNA sample before October 1, 2006. However, a probation department, community corrections department, or other agency supervising an offender on conditional release is authorized to collect a DNA sample before October 1, 2006, and a DNA sample collected before October 1, 2006, may be analyzed and placed in the convicted offender data base.

2006-140-44
    SECTION 44. IC 35-38-2-2.6 and IC 35-50-6-1, both as added by this act, apply only to crimes committed after June 30, 2006.

2006-140-45
    (Expired 7-1-2007, by P.L.140-2006, SEC.45.)

2006-140-46
    SECTION 46. (a) The department of correction shall report to the legislative council before November 1 of each year concerning the

department's implementation of lifetime parole and GPS monitoring for sex offenders. The report must include information relating to:
        (1) the expense of lifetime parole and GPS monitoring;
        (2) recidivism; and
        (3) any proposal to make the program of lifetime parole and GPS monitoring less expensive or more effective, or both.
    (b) The report described in subsection (a) must be in an electronic format under IC 5-14-6.
    (c) This SECTION expires November 2, 2010.

2006-140-47
    (Repealed by P.L.2009, SEC.34.)

2006-141-114
    SECTION 114. (a) As used in this SECTION, "program" refers to the self-directed in-home care program under IC 12-10-17.1, as added by this act.
    (b) The office of the secretary of family and social services established by IC 12-8-1-1 shall submit a report in electronic format under IC 5-14-6 to the legislative council before November 1, 2009, concerning the:
        (1) implementation; and
        (2) outcome;
of the program.
    (c) This SECTION expires December 31, 2010.

2006-141-116
    (Expired 1-1-2007, by P.L.141-2006, SEC.116.)

2006-143-3
    SECTION 3. IC 35-44-3-3, as amended by this act, applies only to acts committed after June 30, 2006.

2006-145-377
    SECTION 377. (a) Notwithstanding the effective date included in P.L.234-2005, SECTION 1, the effective date for P.L.234-2005, SECTION 1 (which amended IC 4-21.5-2-6) is July 1, 2005, and not July 1, 2006.
    (b) For all purposes, the amendment of IC 4-21.5-2-6(a)(1) by P.L.234-2005, SECTION 1, shall be treated as if the amendment of IC 4-21.5-2-6(a)(1) by P.L.234-2005, SECTION 1, took effect July 1, 2005, and not July 1, 2006.

2006-145-378
    (Expired 1-1-2007, by P.L.145-2006, SEC.378.)

2006-146-61
    (Expired 1-1-2007, by P.L.146-2006, SEC.61.)

2006-151-29
    SECTION 29. IC 35-48-4-1.1 and IC 35-48-4-6.1, both as added by

this act, and IC 35-48-4-1, IC 35-48-4-6, IC 35-48-4-14.5, and IC 35-48-4-14.7, all as amended by this act, apply only to crimes committed after June 30, 2006.

2006-152-5
    (Expired 7-1-2008, by P.L.152-2006, SEC.5.)

2006-154-82
    SECTION 82. IC 6-1.1-4-12, as amended by this act, applies only to assessment dates after December 31, 2005.

2006-154-83
    SECTION 83. (a) The definitions in IC 6-1.1-12.1 apply throughout this SECTION.
    (b) As used in this SECTION, "department" refers to the department of local government finance.
    (c) As used in this SECTION, "taxpayer" means a person:
        (1) who operates a grey iron foundry located in Grant County;
        (2) who applied in 2001 for property tax deductions under IC 6-1.1-12.1 for new manufacturing equipment located in an economic revitalization area; and
        (3) whose applications described in subdivision (2) were denied.
    (d) References to the Indiana Code in this SECTION refer to the Indiana Code in effect on March 1, 2001, unless otherwise stated.
    (e) Notwithstanding any other law, a taxpayer who complies with the requirements of this SECTION is entitled to the property tax deduction for new manufacturing equipment in the amounts and for the number of years provided under IC 6-1.1-12.1-4.5, as determined by the department under subsection (h).
    (f) The taxpayer shall provide the department with copies of the taxpayer's:
        (1) statement of benefits; and
        (2) applications for deductions from assessed value;
for new manufacturing equipment placed in service in an economic revitalization area that the taxpayer filed in 2001.
    (g) If there are any deficiencies in the taxpayer's filings described in subsection (f), the department shall assist the taxpayer in completing the information necessary to determine:
        (1) the assessed value of the new manufacturing equipment; and
        (2) the number of years over which the taxpayer is entitled to the deduction under this SECTION.
    (h) The department shall determine:
        (1) the amount of the assessed value of the new manufacturing equipment;
        (2) the number of years over which the taxpayer is entitled to the deduction under this SECTION; and
        (3) the percentages used to compute the taxpayer's deductions;
in accordance with IC 6-1.1-12.1-4.5(d) and IC 6-1.1-12.1-4.5(e) as if the taxpayer's applications for deductions had been approved in 2001.
    (i) Notwithstanding IC 6-1.1-26 (as in effect on January 1, 2006), when the department has completed the department's determinations

under subsection (h), the department shall issue an order to the county auditor of the county in which the economic revitalization area is located:
        (1) describing the department's determinations under subsection (h); and
        (2) requiring the county auditor to accept the taxpayer's refund claims as if the taxpayer's deduction applications had been approved in 2001.
The department shall provide the taxpayer with a copy of the order issued under this subsection.
    (j) Notwithstanding IC 6-1.1-26 (as in effect January 1, 2006), the taxpayer may file refund claims for property taxes paid in previous years that are affected by the department's order issued under subsection (i). The taxpayer must attach a copy of the order issued under subsection (i) to the taxpayer's refund claim.
    (k) Notwithstanding IC 6-1.1-26 (as in effect January 1, 2006), the county auditor shall pay the refund claims of the taxpayer filed under subsection (j) if the refund claims are fully consistent with the department's order issued under subsection (i).

2006-154-84
    (Expired 7-1-2007, by P.L.154-2006, SEC.84.)

2006-154-85
    (Expired 12-31-2007, by P.L.154-2006, SEC.85.)

2006-154-86
    SECTION 86. (a) IC 6-1.1-12.1-1 and IC 6-1.1-40-4, both as amended by this act, apply only to:
        (1) new manufacturing equipment, new research and development equipment, new logistical distribution equipment, and new information technology equipment installed and initially used in an economic revitalization area; or
        (2) new manufacturing equipment installed and initially used in a maritime opportunity district;
after December 31, 2005.
    (b) It is the intent of the general assembly that the amendment of IC 6-1.1-12.1-1 and IC 6-1.1-40-4 by this act be interpreted to expand the equipment that is eligible for a deduction under IC 6-1.1-12.1 or IC 6-1.1-40 to include equipment that is ineligible for a deduction under IC 6-1.1-12.1 or IC 6-1.1-40 solely because the equipment was used in Indiana by a person other than a deduction applicant (as defined in IC 6-1.1-12.1-1(15), as added by this act) before being installed by the deduction applicant in an economic revitalization area or a maritime opportunity district.

2006-154-87
    (Expired 1-1-2009, by P.L.154-2006, SEC.87.)

2006-154-88
    (Expired 7-1-2008, by P.L.154-2006, SEC.88.)



2006-154-89
    (Expired 1-1-2007, by P.L.154-2006, SEC.89.)

2006-154-90
    (Expired 1-1-2007, by P.L.154-2006, SEC.90.)

2006-154-91
    (Expired 1-1-2008, by P.L.154-2006, SEC.91.)

2006-154-92
    SECTION 92. IC 6-1.1-8.5-8, as amended by this act, applies to the assessment date in each year in which IC 6-1.1-8.5 applied or applies in a qualifying county.

2006-154-93
    SECTION 93. (a) This SECTION applies notwithstanding IC 6-1.1-8 or 50 IAC 5.1.
    (b) As used in this SECTION, "amended return" means a return:
        (1) that was filed after July 31, 2005; and
        (2) that the department accepts as a taxpayer's final amended return for the assessment date.
    (c) As used in this SECTION, "assessment date" means the March 1, 2005, assessment date.
    (d) As used in this SECTION, "department" refers to the department of local government finance.
    (e) As used in this SECTION, "return" means the statement of value and description of property required under IC 6-1.1-8-19 that is filed on the Annual Report (U.D. Form 45), as prescribed by the department, and is filed with the department on or before July 31, 2005.
    (f) As used in this SECTION, "taxpayer" means a taxpayer that meets the requirements of subsection (g).
    (g) This SECTION applies to any taxpayer that:
        (1) is a public utility that provides water utility services in Indiana and is subject to taxation under IC 6-1.1-8;
        (2) is required to file a return under IC 6-1.1-8-19;
        (3) filed a return with the department with respect to the assessment date; and
        (4) filed an amended return with the department with respect to the assessment date.
    (h) Before June 1, 2006, the department shall review the assessed value identified on line 47 of the taxpayer's amended return as the assessed value of all the taxpayer's distributable property as of the assessment date. If the department determines that this assessed value:
        (1) is correct; and
        (2) is less than the assessed value identified in the taxpayer's return as the assessed value of all the taxpayer's distributable property as of the assessment date;
the taxpayer is entitled to a credit under this SECTION.
    (i) Before July 1, 2006, the department shall determine the amount of the credit to which a taxpayer is entitled under this SECTION and notify the county auditor of that amount. For purposes of this

subsection, the department shall assume that the taxpayer will pay the full amount of the taxpayer's installment or installments of property taxes first due and payable after June 30, 2006, and before January 1, 2007.
    (j) The amount of the credit under this SECTION:
        (1) is the remainder of:
            (A) the amount of property taxes the taxpayer pays with respect to its distributable property for taxes first due and payable in 2006; minus
            (B) the amount of property taxes for which the taxpayer would have been liable with respect to its distributable property for taxes first due and payable in 2006 if those property taxes had been based on the assessed value identified on line 47 of the taxpayer's amended return instead of the assessed value identified in the taxpayer's return; and
        (2) applies proportionately to the taxpayer's installments of property taxes first due and payable in 2007.
    (k) Interest does not apply in the determination of the amount of the credit under this SECTION.
    (l) The county auditor shall adjust the assessed value used in setting property tax rates for each political subdivision in the county for property taxes first due and payable in 2007 to eliminate levy reductions that would otherwise result from the application of credits under this SECTION.
    (m) In setting property tax rates for property taxes first due and payable in 2007 for each political subdivision in the county, the department shall:
        (1) use the assessed value as adjusted by the county auditor under subsection (l); or
        (2) further adjust the assessed value for the following purposes:
            (A) To ensure the elimination of levy reductions that would otherwise result from the application of credits under this SECTION.
            (B) To account for a failure of the taxpayer to pay property taxes in the amount assumed under subsection (i).

2006-154-94
    (Expired 1-1-2008, by P.L.154-2006, SEC.94.)

2006-154-95
    (Expired 1-1-2007, by P.L.154-2006, SEC.95.)

2006-154-96
    (Expired 7-1-2007, by P.L.154-2006, SEC.96.)

2006-154-97
    SECTION 97. The following, all as added or amended by this act, apply only to property taxes first due and payable after December 31, 2006:
        (1) IC 6-1.1-8-28.
        (2) IC 6-1.1-8-29.


        (3) IC 6-1.1-8-30.
        (4) IC 6-1.1-11-3.
        (5) IC 6-1.1-12-2.
        (6) IC 6-1.1-12-4.
        (7) IC 6-1.1-12-10.1.
        (8) IC 6-1.1-12-12.
        (9) IC 6-1.1-12-15.
        (10) IC 6-1.1-12-17.
        (11) IC 6-1.1-12-17.5.
        (12) IC 6-1.1-12-17.8.
        (13) IC 6-1.1-12-20.
        (14) IC 6-1.1-12-24.
        (15) IC 6-1.1-12-30.
        (16) IC 6-1.1-12-35.5.
        (17) IC 6-1.1-12-38.
        (18) IC 6-1.1-12.1-4.5.
        (19) IC 6-1.1-12.4-3.
        (20) IC 6-1.1-18.5-1.
        (21) IC 6-1.1-18.5-13.
        (22) IC 6-1.1-20.9-3.
        (23) IC 6-1.1-40-10.
        (24) IC 6-1.1-45-9.

2006-154-98
    SECTION 98. IC 6-1.1-4-12, as amended by this act, applies only to assessment dates after December 31, 2005.

2006-156-26
    (Expired by P.L.156-2006, SEC.26.)

2006-157-77
    SECTION 77. (a) The rules adopted by the optometric legend drug prescription advisory committee under IC 25-26-15-13, as repealed by this act, before July 1, 2006, and in effect on June 30, 2006, shall be treated after June 30, 2006, as the rules of the Indiana optometry board under IC 25-24-3, as added by this act.
    (b) Any reference in a law, a rule, a license, a registration, a certification, or an agreement to the optometric legend drug prescription advisory committee shall be treated after June 30, 2006, as a reference to the Indiana optometry board.

2006-157-78
    (Expired 7-1-2006, by P.L.157-2006, SEC.78.)

2006-158-4
    (Expired 1-1-2007, by P.L.158-2006, SEC.4.)

2006-159-2
    SECTION 2. (a) The purpose of this SECTION is to reduce accrued payment delay balances that were created because of the amendment to IC 6-1.1-21-10 made by P.L.192-2002(ss), SECTION 43, to move

the May distribution to July beginning with the May 2003 distribution and a continuation of the practice of delayed payments in subsequent years.
    (b) There is appropriated to the property tax replacement board one hundred thirty-six million five hundred thousand dollars ($136,500,000) from the state general fund and the property tax replacement fund, in the percentage determined by the budget agency, for its use to distribute the amount of the increase in the May 2007 distribution required under IC 6-1.1-21-10, as amended by this act, beginning July 1, 2006, and ending June 30, 2007.
    (c) A distribution described in subsection (b) raises the maximum permissible distribution for property tax replacement credits and homestead credits that may be made in the state fiscal year beginning July 1, 2006, and ending June 30, 2007, by the amount of the distribution.
    (d) A distribution described in subsection (b) shall be treated as a distribution under IC 6-1.1-21 for the calendar year in which the distribution is made. An early additional distribution described in subsection (b) reduces the amount of the distribution that would otherwise have been made in July 2007 under IC 6-1.1-21-10, as effective before the amendment made by this act, by the amount of the additional distribution.

2006-159-3
    SECTION 3. (a) The purpose of this SECTION is to reduce accrued payment delay balances to state educational institutions and IHETS that were created because of the distribution of eleven-twelfths (11/12) of the budgeted amount in the state fiscal year ending June 30, 2002, and a continuation of the practice of delayed payments in subsequent state fiscal years through the state fiscal year ending June 30, 2005.
    (b) The following definitions apply throughout this SECTION:
        (1) "IHETS" refers to the Indiana Higher Education Telecommunications System.
        (2)"State educational institution" has the meaning set forth in IC 20-12-0.5-1.
    (c) There is appropriated to the budget agency forty million dollars ($40,000,000) from the state general fund for its use for general repair and rehabilitation or for repair and rehabilitation of dormitories or other student housing of state educational institutions, beginning July 1, 2006, and ending June 30, 2007, as follows:
        INDIANA UNIVERSITY - TOTAL SYSTEM

$15,667,060

        PURDUE UNIVERSITY - TOTAL SYSTEM
10,795,022

        INDIANA STATE UNIVERSITY
2,399,680

        UNIVERSITY OF SOUTHERN INDIANA
1,225,670

        BALL STATE UNIVERSITY
4,077,062

        VINCENNES UNIVERSITY
1,190,030

        IVY TECH COMMUNITY COLLEGE

            OF INDIANA
4,645,476

$40,000,000

    (d) Notwithstanding P.L.246-2005, SECTION 32, after review by the budget committee, the budget agency shall distribute to a state

educational institution after June 30, 2006, and before July 1, 2007, the amount appropriated to the state educational institution under subsection (c). The distributions under subsection (c):
        (1) may be made in one (1) or more installments after June 30, 2006, and before July 1, 2007, on the schedule determined by the budget agency after review of the schedule by the budget committee; and
        (2) shall be separately allotted.
    (e) An appropriation under subsection (c) is in addition to the appropriations for general repair and rehabilitation made in P.L.246-2005, SECTION 32, or any other law. Notwithstanding any other law, an appropriation under subsection (c) does not revert to the general fund under IC 4-13-2-19.
    (f) The amount appropriated under subsection (c), when distributed to a state educational institution, shall be treated as reducing any claim that the total system of the state educational institution has to one-twelfth (1/12) of the amount budgeted for the state educational institution in all line items in HEA 1001-2003, SECTION 9, for the state fiscal year ending June 30, 2005. Subject to subsection (g), the amount of the claim reduction for each state educational institution is equal to the amount distributed to the state educational institution. The amount of the claim reduction for the entire system and the amount apportioned for each institution individually shall be computed by the budget agency. The budget agency makes the final determination.
    (g) An amount appropriated under subsection (c), when distributed to Indiana University, shall be treated as reducing any claim that IHETS has to one-twelfth (1/12) of the amount budgeted for the IHETS in all line items in HEA 1001-2003, SECTION 9, for the state fiscal year ending June 30, 2005. The amount of the claim reduction is a part of the amount distributed to Indiana University-Total System apportioned as determined by the budget agency.

2006-161-34
    (Expired by P.L.161-2006, SEC.34.)

2006-162-50
    (Expired 1-1-2007, by P.L.162-2006, SEC.50.)

2006-162-51
    (Expired 1-1-2008, by P.L.162-2006, SEC.51.)

2006-162-52
    SECTION 52. IC 27-5.1-2-8, as amended by this act, applies only to taxable years beginning after December 31, 2005.

2006-162-53
    SECTION 53. (a) As used in this SECTION, "taxable year" has the meaning set forth in IC 6-3-1-16.
    (b) IC 6-3-2-20, as added by this act, applies only to taxable years beginning after June 30, 2006.
    (c) The addition of IC 6-3-2-20, as added by this act, does not affect

the legitimacy or illegitimacy of deductions claimed by taxpayers for taxable years beginning before July 1, 2006. Any determination of:
        (1) the department of state revenue; or
        (2) a court reviewing a department of state revenue determination;
of the legitimacy or illegitimacy of deductions claimed by taxpayers for taxable years beginning before July 1, 2006, shall be made without regard to IC 6-3-2-20, as added by this act.
    (d) The department of state revenue may adopt temporary rules in the manner provided for the adoption of emergency rules under IC 4-22-2-37.1 to implement IC 6-3-2-20, as added by this act. A temporary rule adopted under this SECTION expires on the earliest of the following:
        (1) The date a rule is adopted by the department of state revenue under IC 4-22-2 that repeals, amends, or supersedes the temporary rule.
        (2) The date another temporary rule is adopted under this SECTION that repeals, amends, or supersedes a previously adopted temporary rule.
        (3) The date specified in the temporary rule.
        (4) July 1, 2007.
    (e) If the general assembly enacts more than one (1) law in the 2006 regular session of the general assembly that amends IC 6-3-1-3.5, the laws shall be read together to implement the policies enacted in each act.

2006-162-54
    SECTION 54. (a) As used in this SECTION, "home energy" has the meaning set forth in IC 6-2.5-5-16.5.
    (b) IC 6-2.5-4-5, as amended by this act, and IC 6-2.5-5-16.5, as added by this act, apply to transactions involving home energy that occur after June 30, 2006, and before July 1, 2007.

2006-162-55
    SECTION 55. The department of state revenue may adopt temporary rules in the manner provided for the adoption of emergency rules under IC 4-22-2-37.1 to implement IC 6-2.3-1-3.5, IC 6-2.3-3-11, and IC 6-2.3-5.5, all as added by this act, IC 6-2.5-4-5, as amended by this act, and IC 6-2.5-5-16.5, as added by this act. A temporary rule adopted under this SECTION expires on the earliest of the following:
        (1) The date a rule is adopted by the department of state revenue under IC 4-22-2 that repeals, amends, or supersedes the temporary rule.
        (2) The date another temporary rule is adopted under this SECTION that repeals, amends, or supersedes a previously adopted temporary rule.
        (3) The date specified in the temporary rule.
        (4) July 1, 2007.

2006-162-56
    SECTION 56. IC 6-3-2-2, as amended by this act, applies to taxable years beginning after December 31, 2006.



2006-162-57
    (Expired 1-1-2007, by P.L.162-2006, SEC.57.)

2006-162-58
    SECTION 58. (a) There is appropriated to the department of education the greater of the following from the state general fund for the purposes of making the distributions for tuition support described in IC 21-3-1.7-9 (as effective before July 1, 2006) beginning July 1, 2005, and ending June 30, 2006:
        (1) Twenty million one hundred thousand dollars ($20,100,000).
        (2) An amount sufficient to enable the department of education to make tuition support distributions after December 31, 2005, and before July 1, 2006, in accordance with IC 21-1-30 (as effective before July 1, 2006) and IC 21-3 (as effective before July 1, 2006) without requiring a reduction in tuition support distributions to school corporations in the first six (6) months of 2006.
The amount appropriated under this SECTION is in addition to the amount appropriated by P.L.246-2005, SECTION 9, to the department of education for distribution for tuition support but is subject to the terms and conditions specified in P.L.246-2005, SECTION 9, for the distribution for tuition support.
    (b) The deficiency appropriation made by this SECTION is not subject to transfer to any other fund or subject to transfer, assignment, or reassignment for any other use or purpose by:
        (1) the state board of finance, notwithstanding IC 4-9.1-1-7, IC 4-13-2-23, or any other law; or
        (2) the budget agency, notwithstanding IC 4-12-1-12 or any other law.
    (c) If the department of education determines that the provisions of IC 20-45-1-21, IC 20-45-3-5, and IC 20-45-3-6, all as amended by this act, will adversely affect the policy of taxpayer tax equalization as a result of the effects of an annual adjustment under IC 6-1.1-4-4.5 or other factors, the department of education may develop an alternative tuition support levy calculation that more closely complies with the taxpayer tax equalization policies embodied in the school funding formula for 2007. After review by the budget committee and approval by the budget agency, the department of local government finance shall adjust tax rates and tax levies in 2007, as necessary, to implement the alternative calculation developed under this subsection.

2006-162-59
    SECTION 59. (a) As used in this SECTION, "OMB" refers to the office of management and budget established by IC 4-3-22-3.
    (b) The OMB shall develop a proposal under which the state and state employees may make monetary contributions to a health savings account, a deferred compensation account, or another tax advantaged savings program. The proposal must include at least the following elements:
        (1) The proposal must contain estimates of future health care premium costs for state employees.
        (2) The goal of the proposal must be to actuarially fund a major

portion of the expected retirement health care premium costs for a typical state employee through contributions made throughout the entire career of the state employee.
        (3) The proposal must make use of federal tax advantages to the greatest extent possible.
        (4) The proposal may include a variety of contribution options under which the state and a state employee may make voluntary or mandatory contributions to the employee's retirement health care account.
        (5) The proposal may explore the feasibility of:
            (A) using the concept of "paid time off" (PTO) days in exchange for vacation days, personal days, holidays, and sick days; and
            (B) permitting employees to exchange PTO days for contributions to the employee's retirement health care account.
        (6) The proposal may include estimates of the monetary savings of the following:
            (A) Reduced overtime expense.
            (B) Savings from employee turnover.
        (7) For an employee who has already served most of the employee's career in public service, the proposal must include a transition program that provides a retirement health care funding mechanism under which the employee would make contributions for the remainder of the employee's career that would be supplemented by the state in order to provide a benefit similar to the benefit that will be provided by the long term funding plan.
    (c) The OMB shall present the proposal required by this SECTION and any other findings and recommendations to the budget committee before November 1, 2006.

2006-164-145
    (Expired 7-1-2006, by P.L.164-2006, SEC.145.)

2006-164-146
    SECTION 146. (a) Notwithstanding IC 3-10-1-4.5, before its amendment by this act, the successors of the precinct committeemen of the Indiana Republican Party elected at the May 2006 primary election shall be elected at the May 2008 primary election.

2006-164-147
    (Expired 7-1-2006, by P.L.164-2006, SEC.147.)

2006-164-148
    (Expired 12-31-2007, by P.L.164-2006, SEC.148.)

2006-165-42
    Amended by P.L.94-2008, SEC.69.

2006-165-43
    (Expired 1-1-2008, by P.L.165-2006, SEC.43.)


2006-165-44
    (Expired 5-15-2007, by P.L.165-2006, SEC.44.)

2006-169-85
    SECTION 85. (a) As used in this SECTION, "member" refers to a person appointed under subsection (c)(3) or (c)(4) or to a legislator whose district includes all or part of Lake County, Porter County, LaPorte County, St. Joseph County, or Elkhart County.
    (b) The northwest Indiana transportation study commission is established.
    (c) The commission consists of fourteen (14) voting members appointed as follows:
        (1) Six (6) members of the senate, not more than three (3) of whom may be members of the same political party, appointed by the president pro tempore of the senate.
        (2) Six (6) members of the house of representatives, not more than three (3) of whom may be members of the same political party, appointed by the speaker of the house of representatives.
        (3) One (1) individual who is not a legislator, appointed by the northwestern Indiana regional planning commission.
        (4) One (1) individual who is not a legislator, appointed by the Michiana Area Council of Governments.
    (d) The chairman of the legislative council shall select one (1) member of the commission to serve as chairperson of the commission, and the vice chairman of the legislative council shall select one (1) member of the commission to serve as vice chairperson of the commission.
    (e) The commission shall:
        (1) monitor the development of commuter transportation and rail service in the Lowell-Chicago and Valparaiso-Chicago corridors;
        (2) study all aspects of regional mass transportation and road and highway needs in Lake County, Porter County, LaPorte County, St. Joseph County, and Elkhart County;
        (3) study northwest Indiana transportation, infrastructure, and economic development issues; and
        (4) study other topics as assigned by the legislative council.
    (f) The commission shall submit a final report of the commission's findings and recommendations to the legislative council before November 1, 2009. The report must be in an electronic format under IC 5-14-6.
    (g) The commission shall operate under the rules of the legislative council.
    (h) This SECTION expires November 2, 2009.

2006-173-56
    (Repealed by P.L.16-2009, SEC.34.)

2006-173-57
    SECTION 57. IC 11-8-8-15, IC 11-8-8-17, IC 11-8-8-18, IC 35-42-4-10, and IC 35-44-3-13, all as added by this act, and IC 35-42-4-11 and IC 35-43-1-2, both as amended by this act, apply

only to crimes committed after June 30, 2006.

2006-173-58
    SECTION 58. Notwithstanding IC 10-13-6-10, IC 10-13-6-11, IC 35-38-2-2.3, IC 35-38-2.5-6, and IC 35-38-2.6-3, all as amended by this act, and IC 35-38-1-27, as added by this act, a probation department, community corrections department, or other agency supervising an offender on conditional release is not required to collect a DNA sample before October 1, 2006. However, a probation department, community corrections department, or other agency supervising an offender on conditional release is authorized to collect a DNA sample before October 1, 2006, and a DNA sample collected before October 1, 2006, may be analyzed and placed in the convicted offender data base.

2006-173-59
    SECTION 59. IC 35-38-2-2.6 and IC 35-50-6-1, both as added by this act, apply only to crimes committed after June 30, 2006.

2006-173-60
    (Expired 7-1-2007, by P.L.173-2006, SEC.60.)

2006-173-61
    SECTION 61. (a) The department of correction shall report to the legislative council before November 1 of each year concerning the department's implementation of lifetime parole and GPS monitoring for sex offenders. The report must include information relating to:
        (1) the expense of lifetime parole and GPS monitoring;
        (2) recidivism; and
        (3) any proposal to make the program of lifetime parole and GPS monitoring less expensive or more effective, or both.
    (b) The report described in subsection (a) must be in an electronic format under IC 5-14-6.
    (c) This SECTION expires November 2, 2010.

2006-173-62
    (Repealed by P.L.16-2009, SEC.34.)

2006-173-63
    SECTION 63. IC 35-44-3-9.3, as added by this act, applies only to crimes committed after June 30, 2006.

2006-174-21
    SECTION 21. IC 33-37-4-4, IC 33-37-4-6, IC 33-37-5-15, and IC 33-37-5-28, all as amended by this act, apply only to cases filed after June 30, 2006.

2006-175-27
    SECTION 27. (a) For purposes of this SECTION, "notice of assessment" refers to a notice of assessment mailed under:
        (1) IC 36-9-27-40(b);


        (2) IC 36-9-27-52(b);
        (3) IC 36-9-27-63(b);
        (4) IC 36-9-27-92(b); or
        (5) IC 36-9-27-93(b).
    (b) IC 36-9-27-86, as amended by this act, applies to an assessment only if the notice of assessment is mailed after December 31, 2005.
    (c) The state is not entitled to a refund of an assessment paid by the state for which the notice of assessment was mailed before January 1, 2006.

2006-179-2
    (Expired 7-1-2008, by P.L.179-2006, SEC.2.)

2006-179-3
    (Expired 7-1-2007, by P.L.179-2006, SEC.3.)

2006-181-63
    (Expired 7-1-2009, by P.L.181-2006, SEC.63.)

2006-181-64
    (Expired 8-1-2006, by P.L.181-2006, SEC.64.)

2006-184-12
    SECTION 12. If the general assembly amends IC 6-2.5-6-9 in more than one (1) act, the laws shall be read together and interpreted to implement the policies enacted in each act.

2006-185-17
    (Expired 1-1-2007, by P.L.185-2006, SEC.17.)

2006-185-18
    (Expired 12-31-2006, by P.L.185-2006, SEC.18.)

2006-187-19
    SECTION 19. The department of homeland security shall report to the budget committee not later than July 1, 2006, on the feasibility of creating a regional program to:
        (1) train public safety service providers under IC 10-19-9-3; and
        (2) provide advanced training programs in public safety and homeland security matters under IC 10-19-9-4.
The report must set out the need for the training, identify possible locations where training could take place, provide an estimate of the costs for providing such training, and include other things the department determines to be relevant.

2006-187-20
    SECTION 20. (a) There is appropriated from the public safety fees collected under IC 22-11-14-12, as added by this act, one million dollars ($1,000,000) to the department of homeland security to provide regional training for public safety service providers or advanced training programs during the period beginning July 1, 2006, and ending

June 30, 2007. Funds appropriated by this subsection may be allotted by the budget agency after review by the budget committee. The amount of the appropriation shall be paid from the first one million dollars ($1,000,000) collected under IC 22-11-14-12, as added by this act.
    (b) There is appropriated from the public safety fees in excess of one million dollars ($1,000,000) collected under IC 22-11-14-12, as added by this act, one million dollars ($1,000,000) to the department of homeland security beginning July 1, 2006, and ending June 30, 2007. Funds appropriated by this subsection may be allotted by the budget agency after review by the budget committee. The amount appropriated shall be used at the discretion of the executive director of the department of homeland security for the following purposes:
        (1) For deposit in the state disaster relief fund established under IC 10-14-4-5. The amount deposited under this subdivision shall be used to pay for damage resulting from a disaster (as defined in IC 10-14-3-1) to a public facility (as defined in IC 10-14-4-4) owned by, maintained by, or operated by or on behalf of an eligible entity (as defined in IC 10-14-4-2), in accordance with the provisions of IC 10-14-4.
        (2) To defray the costs of response, recovery, or the twenty-five percent (25%) of the costs required to be paid by local jurisdictions, which have accrued as a result of a disaster that is the subject of a disaster declaration by the federal government.

2006-187-21
    (Expired by P.L.187-2006, SEC.21.)

2006-187-22
    (Expired by P.L.187-2006, SEC.22.)

2006-188-10
    SECTION 10. It is the intent of the general assembly that an individual who is a resident of another state but who attends a truck driver training school (as defined in IC 9-13-2-188.5, as added by this act) in Indiana be allowed to apply for a commercial driver's license learner's permit (as defined in IC 9-13-2-29.5, as added by this act) from Indiana.

2006-190-11
    SECTION 11. IC 35-47-2.5-12, as amended by this act, applies only to crimes committed after June 30, 2006.

2006-191-4
    Amended by P.L.234-2007, SEC.294.

2006-192-12
    SECTION 12. The trustees of Indiana State University may issue and sell bonds under IC 20-12-6, subject to the approvals required by IC 20-12-5.5, for the purpose of constructing, furnishing, and equipping the Student Recreation Center Project, if the sum of

principal costs of any bond issued, excluding amounts necessary to provide money for debt service reserves, credit enhancement, or other costs incidental to the issuance of the bonds, does not exceed twenty-four million dollars ($24,000,000). The project is not eligible for fee replacement or plant expansion funding.

2006-192-13
    SECTION 13. The trustees of Ball State University may issue and sell bonds under IC 20-12-6, subject to the approvals required by IC 20-12-5.5, for the purpose of renovation and expansion of a recreation center, if the sum of principal costs of any bond issued, excluding amounts necessary to provide money for debt service reserves, credit enhancement, or other costs incidental to the issuance of the bonds, does not exceed thirty-nine million dollars ($39,000,000). The project is not eligible for fee replacement or plant expansion funding.

2006-192-14
    SECTION 14. The trustees of the University of Southern Indiana may issue and sell bonds under IC 20-12-6, subject to the approvals required by IC 20-12-5.5, for the purpose of constructing, furnishing, and equipping a university center expansion, if the sum of principal costs of any bond issued, excluding amounts necessary to provide money for debt service reserves, credit enhancement, or other costs incidental to the issuance of the bonds, does not exceed four million dollars ($4,000,000). The project is not eligible for fee replacement or plant expansion funding.

2006-192-15
    SECTION 15. IC 6-3-3-12, as added by this act, applies to taxable years beginning after December 31, 2006.

2006-192-16
    (Expired 6-30-2006, by P.L.192-2006, SEC.16.)

2006-193-34
    SECTION 34. (a) The definitions in IC 27-8-8-2, as amended by this act, apply throughout this SECTION.
    (b) The association's coverage obligations under IC 27-8-8 with respect to a member insurer that has a coverage date before the effective date of this act are not affected by changes made by this act.
    (c) The association's coverage obligations under IC 27-8-8 with respect to a member insurer that has a coverage date before the effective date of this act are governed by IC 27-8-8 as it existed on January 1, 2006.

2006-193-35
    (Expired 12-31-2008, by P.L.193-2006, SEC.35.)