*HB1075.3*
Reprinted
January 27, 2023
HOUSE BILL No. 1075
_____
DIGEST OF HB 1075 (Updated January 26, 2023 12:15 pm - DI 149)
Citations Affected: IC 4-6; IC 23-17.
Synopsis: Nonprofit organizations. Provides that the contents of an
investigative demand issued by the attorney general are confidential.
Expands the definition of "public benefit corporation" to include a
domestic corporation that is supported by public funds or authorized to
spend public funds in furtherance of its mission or that is a not-for-
profit corporation that aims to serve a public benefit. Provides that a
court may dissolve a nonprofit corporation under certain circumstances
and provides exceptions to the types of corporations that may be
dissolved under this procedure. Specifies procedural requirements that
the attorney general must take before petitioning the court for
dissolution for certain reasons. Permits a court to appoint a receiver to
manage a nonprofit corporation even if an action to dissolve the
corporation has not been filed. Provides additional remedies that the
attorney general may seek for violations. Requires a nonprofit
corporation to maintain certain records for three years. Provides that
attorney general may not access records of specified entities. Prevents
a state agency from imposing certain filing or reporting requirements
that are more burdensome than what is required by state law and
provides certain exceptions. Makes conforming and clarifying changes.
Effective: Upon passage; July 1, 2023.
Jeter
January 9, 2023, read first time and referred to Committee on Judiciary.
January 19, 2023, amended, reported — Do Pass.
January 23, 2023, read second time, amended, ordered engrossed.
January 24, 2023, engrossed. Returned to second reading.
January 26, 2023, re-read second time, amended, ordered engrossed.
HB 1075—LS 6457/DI 148 Reprinted
January 27, 2023
First Regular Session of the 123rd General Assembly (2023)
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 2022 Regular Session of the General Assembly.
HOUSE BILL No. 1075
A BILL FOR AN ACT to amend the Indiana Code concerning
business and other associations.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 4-6-3-9, AS AMENDED BY P.L.5-2015,
2 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2023]: Sec. 9. (a) The contents of an investigative demand,
4 all documentary material, answers to written interrogatories, and
5 transcripts of oral testimony that are provided pursuant to an the
6 investigative demand shall be kept confidential by the attorney general
7 until an action is filed against a person for the violation under
8 investigation, unless:
9 (1) confidentiality is waived by the person being investigated and
10 the person who has testified, answered interrogatories, or
11 produced documentary material; or
12 (2) disclosure is made by the attorney general to another state or
13 federal attorney general or law enforcement agency for the
14 purposes of cooperation in law enforcement of state or federal
15 laws.
16 (b) All documentary material, answers to written interrogatories,
17 and transcripts of oral testimony that are provided to the attorney
HB 1075—LS 6457/DI 148 2
1 general pursuant to an investigative demand issued by another state or
2 federal attorney general or law enforcement agency under similar
3 authority shall be treated as if obtained pursuant to an investigative
4 demand issued by the attorney general under section 3 of this chapter.
5 SECTION 2. IC 23-17-2-23 IS AMENDED TO READ AS
6 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 23. "Public benefit
7 corporation" means a domestic corporation that is the following:
8 (1) Either:
9 (A) formed as a public benefit corporation under this title;
10 (B) designated as a public benefit corporation by another law;
11 (C) recognized as tax exempt under Section 501(c)(3) of the
12 Internal Revenue Code of 1986; or
13 (D) a not-for-profit corporation that serves a public benefit
14 with an operating budget that is supported in whole or in
15 part by public funds, or is otherwise authorized to spend
16 public funds in furtherance of its mission; or
17 (D) (E) otherwise organized for a public or charitable purpose,
18 including a veterans organization or a post, a unit, or an
19 auxiliary of the veterans organization, that is chartered by a
20 federal statute for patriotic, public, or charitable purposes and
21 recognized as tax exempt under Section 501(c)(4) or Section
22 501(c)(19) of the Internal Revenue Code.
23 (2) Restricted so that on dissolution the corporation must
24 distribute the corporation's assets to an organization organized for
25 a public or charitable purpose, a religious corporation, the United
26 States, a state, or a person that is recognized as exempt under
27 Section 501(c)(3) of the Internal Revenue Code of 1986.
28 (3) Not a religious corporation.
29 SECTION 3. IC 23-17-24-1 IS AMENDED TO READ AS
30 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) A circuit
31 court or superior court may dissolve a corporation as follows:
32 (1) In a proceeding by the attorney general if one (1) of the
33 following is established:
34 (A) The corporation obtained the corporation's articles of
35 incorporation through fraud.
36 (B) The corporation has continued to exceed or abuse the
37 authority conferred upon the corporation by law.
38 (C) The corporation is a public benefit corporation and the
39 corporate assets are being misapplied or wasted.
40 (D) The corporation is a public benefit corporation and is no
41 longer able to carry out the corporation's purposes or a
42 requirement imposed upon the corporation by law.
HB 1075—LS 6457/DI 148 3
1 (E) The corporation is a public benefit corporation and
2 fails to use solicited property or assets for the purpose
3 solicited.
4 (F) The corporation is a public benefit corporation and has
5 grossly mismanaged property or assets, or committed
6 another breach of duty.
7 (G) The corporation fails to maintain a record required
8 under IC 23-17-27-1.
9 (H) The corporation has failed to respond in a good faith
10 manner to a reasonable written interrogatory from the
11 attorney general to the corporation, its officers, or
12 directors.
13 Clauses (E) through (H) do not apply to a county hospital
14 licensed under IC 16-22 or a public utility (as defined in
15 IC 8-1-2-1).
16 (2) Before commencing an action under subdivision (1)(G) or
17 (1)(H), the attorney general shall:
18 (A) deliver written notice of the specific violation to the
19 corporation; and
20 (B) give the corporation forty-five (45) days to execute a
21 corrective plan to remedy the violation, including by:
22 (i) amending the corporation articles or bylaws; and
23 (ii) taking or ceasing an action.
24 The attorney general may commence an action against a
25 corporation if the corporation fails to remedy the violation
26 within forty-five (45) days after receiving a written notice
27 under this subdivision.
28 (2) (3) Except as provided in the articles of incorporation or
29 bylaws of a religious corporation, in a proceeding by fifty (50)
30 members or members holding at least five percent (5%) of the
31 voting power, whichever is less, or by a director or a person
32 specified in articles of corporation, if one (1) of the following is
33 established:
34 (A) The directors are deadlocked in the management of the
35 corporate affairs, and the members, if any, are unable to break
36 the deadlock.
37 (B) The directors or those in control of the corporation have
38 acted, are acting, or will act in a manner that is illegal,
39 oppressive, or fraudulent.
40 (C) The members have deadlocked in voting power and have
41 failed, for a period that includes at least two (2) consecutive
42 annual meeting dates, to elect successors to directors whose
HB 1075—LS 6457/DI 148 4
1 terms have, or would otherwise have, expired.
2 (D) The corporate assets are being misapplied or wasted.
3 (E) The corporation is a public benefit or religious corporation
4 and is no longer able to carry out the corporation's purposes.
5 (3) (4) In a proceeding by a creditor if either of the following is
6 established:
7 (A) The creditor's claim has been reduced to judgment, the
8 execution on the judgment returned unsatisfied, and the
9 corporation is insolvent.
10 (B) The corporation has admitted in writing that the creditor's
11 claim is due and owing and the corporation is insolvent.
12 (4) (5) In a proceeding by the corporation to have the
13 corporation's voluntary dissolution continued under court
14 supervision.
15 (b) Before dissolving a corporation, a court must consider the
16 following:
17 (1) Reasonable alternatives to dissolution.
18 (2) If dissolution is in the public interest if the corporation is a
19 public benefit corporation.
20 (3) If dissolution is the best way of protecting the interests of
21 members if the corporation is a mutual benefit corporation.
22 SECTION 4. IC 23-17-24-1.5, AS AMENDED BY P.L.65-2014,
23 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 UPON PASSAGE]: Sec. 1.5. (a) This section applies to the following:
25 (1) Notwithstanding IC 23-17-1-1, all corporations organized
26 under Indiana law for a purpose for which a corporation may be
27 organized under this article, regardless of the date of
28 incorporation.
29 (2) A foreign corporation that desires to transact business in
30 Indiana.
31 (b) In addition to a dissolution under section 1 of this chapter, the
32 attorney general may petition a court to issue one (1) or more of the
33 following remedies:
34 (1) Injunctive relief.
35 (2) Appointment of temporary or permanent receivers.
36 (3) Permanent removal of trustees, corporate officers, or directors
37 who have breached the fiduciary duty.
38 (4) Appointment of permanent court approved replacement
39 trustees, corporate officers or directors, and members.
40 (5) Sequestration of assets.
41 (6) Reimbursement of donations to persons from whom
42 contributions have been unlawfully solicited.
HB 1075—LS 6457/DI 148 5
1 (7) Reimbursement of costs, to be payable to the attorney
2 general on behalf of the state, including:
3 (A) reasonable attorney's fees for the action; and
4 (B) expenses related to the performance of an audit.
5 (8) Assessment of a civil penalty of not more than ten
6 thousand dollars ($10,000) per violation and not more than
7 twenty thousand dollars ($20,000) for each additional
8 violation, which does not replace any other relief granted by
9 the court.
10 (9) Other relief the court deems appropriate.
11 (c) The attorney general may seek a remedy against any or all of the
12 following:
13 (1) If the attorney general establishes a condition enumerated in
14 section 1(a)(1) of this chapter, a corporation.
15 (2) For a violation of the officer's duties under IC 23-17-14-2, a
16 corporate officer.
17 (3) For a violation of IC 23-17-13, a corporate director.
18 (d) In addition to any remedies described in subsection (b), the
19 attorney general may accept a written assurance of voluntary
20 compliance with respect to:
21 (1) a past, an existing, or an imminent condition enumerated in
22 section 1(a)(1) of this chapter; or
23 (2) any past, existing, or imminent violation of a duty under this
24 article by a corporation, director, officer, member, trustee, or
25 other corporate principal.
26 (e) An assurance of voluntary compliance described in subsection
27 (d) may include a stipulation for the voluntary payment by the person
28 of:
29 (1) the costs of an investigation;
30 (2) an amount to be held in escrow pending the outcome of an
31 action;
32 (3) an amount to be held in escrow pending the outcome of an
33 action as restitution to an aggrieved nonprofit corporation or
34 person; or
35 (4) both amounts described in subdivisions (2) and (3).
36 (f) An assurance of voluntary compliance described in subsection
37 (d):
38 (1) must be filed with; and
39 (2) is subject to the approval of;
40 the court having jurisdiction.
41 (g) An assurance of voluntary compliance described in subsection
42 (d) is not considered an admission of a violation of any law.
HB 1075—LS 6457/DI 148 6
1 (h) If the attorney general closes a matter by accepting an assurance
2 of voluntary compliance described in subsection (d), the attorney
3 general may reopen the matter for further proceedings within the period
4 of the applicable statute of limitations.
5 SECTION 5. IC 23-17-24-3, AS AMENDED BY P.L.245-2005,
6 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 UPON PASSAGE]: Sec. 3. (a) A court in a judicial proceeding brought
8 by the attorney general or by any other party named under section 1 of
9 this chapter to dissolve a public benefit or mutual benefit corporation
10 may appoint at least one (1):
11 (1) receiver to wind up and liquidate; or
12 (2) custodian to manage;
13 the affairs of the corporation. The court shall hold a hearing, after
14 notifying all parties to the proceeding and any interested persons
15 designated by the court, before appointing a receiver or custodian. The
16 court appointing a receiver or custodian has exclusive jurisdiction over
17 the corporation and all of the corporation's property wherever located.
18 (b) The court may appoint an individual or a domestic or foreign
19 business or nonprofit corporation authorized to transact business in
20 Indiana as a receiver or custodian. The court may require the receiver
21 or custodian to post bond, with or without sureties, in an amount the
22 court directs.
23 (c) The court shall describe the powers and duties of the receiver or
24 custodian in the appointing order, which may be amended from time to
25 time, including the following:
26 (1) The receiver may do the following:
27 (A) Dispose of all or any part of the assets of the corporation
28 wherever located, at a public or private sale, if authorized by
29 the court. However, the corporation is subject to a trust, an
30 endowment, and other restrictions that would be applicable to
31 the corporation.
32 (B) Sue and defend in the receiver's or custodian's name as
33 receiver or custodian of the corporation in all Indiana courts.
34 (2) The custodian may exercise all of the powers of the
35 corporation, through or in place of the corporation's board of
36 directors or officers, to the extent necessary to manage the affairs
37 of the corporation in the best interests of the corporation's
38 members and creditors or to carry out the corporation's lawful
39 purposes.
40 (d) The court during a receivership may redesignate the receiver a
41 custodian, and during a custodianship may redesignate the custodian
42 a receiver if doing so is in the best interests of the corporation and the
HB 1075—LS 6457/DI 148 7
1 corporation's members and creditors.
2 (e) The court may, during the receivership or custodianship, order
3 compensation paid and expense disbursements or reimbursements
4 made to the receiver or custodian and the receiver's or custodian's
5 counsel from the assets of the corporation or proceeds from the sale of
6 the assets.
7 (f) Upon a showing of reasonable cause by the attorney general
8 or any other person, a circuit or superior court may appoint a
9 receiver to manage the corporation or property of the corporation
10 even if an action to dissolve the corporation has not been filed.
11 SECTION 6. IC 23-17-27-1, AS AMENDED BY P.L.118-2017,
12 SECTION 94, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 UPON PASSAGE]: Sec. 1. (a) A corporation shall keep as permanent
14 records a record of the following:
15 (1) Minutes of meetings of the corporation's members and board
16 of directors.
17 (2) A record of actions taken by the members or directors without
18 a meeting.
19 (3) A record of actions taken by committees of the board of
20 directors as authorized under IC 23-17-15-6(d).
21 (b) A corporation shall maintain appropriate accounting records.
22 (c) A corporation or the corporation's agent shall maintain a record
23 of the corporation's members in a form that permits preparation of a list
24 of the names and addresses of all members, in alphabetical order by
25 class, showing the number of votes each member is entitled to cast.
26 (d) A corporation shall maintain the corporation's records in written
27 form or in another form capable of conversion into written form within
28 a reasonable time.
29 (e) A corporation shall keep a copy of the following records at the
30 corporation's principal office:
31 (1) The corporation's articles of incorporation or restated articles
32 of incorporation and all amendments to the articles of
33 incorporation currently in effect.
34 (2) The corporation's bylaws or restated bylaws and all
35 amendments to the bylaws currently in effect.
36 (3) Resolutions adopted by the corporation's board of directors
37 relating to the characteristics, qualifications, rights, limitations,
38 and obligations of members or a class or category of members.
39 (4) The minutes of all meetings of members and records of all
40 actions approved by the members for the past three (3) years.
41 (5) Written communications to members generally within the past
42 three (3) years, including the financial statements furnished for
HB 1075—LS 6457/DI 148 8
1 the past three (3) years under section 6 of this chapter.
2 (6) A list of the names and business or home addresses of the
3 corporation's current directors and officers.
4 (7) The corporation's most recent biennial report delivered to the
5 secretary of state under IC 23-0.5-2-13.
6 (f) Except as otherwise provided in articles of incorporation or
7 bylaws, ballots must be retained by a corporation until the earlier of the
8 following:
9 (1) The date of the next annual meeting.
10 (2) One (1) year after the date the ballot was received.
11 (g) The records required by subsections (a) through (e) must be
12 maintained for at least three (3) years.
13 (h) The attorney general may gain access to the records
14 identified in this chapter using the provisions of IC 4-6-3-3. This
15 subsection does not apply to a county hospital licensed under
16 IC 16-22 or a public utility (as defined in IC 8-1-2-1).
17 (i) Unless required or authorized by federal law, a state agency
18 (as defined in IC 4-6-3-1) may not impose an annual filing
19 requirement or reporting requirement upon a public benefit
20 corporation that is more burdensome than what is required by
21 state law. This subsection does not apply to a state grant or
22 contract, a fraud investigation, or a legal enforcement action.
23 SECTION 7. An emergency is declared for this act.
HB 1075—LS 6457/DI 148 9
COMMITTEE REPORT
Mr. Speaker: Your Committee on Judiciary, to which was referred
House Bill 1075, has had the same under consideration and begs leave
to report the same back to the House with the recommendation that said
bill be amended as follows:
Page 2, between lines 3 and 4, begin a new paragraph and insert:
"SECTION 2. IC 4-6-3-9, AS AMENDED BY P.L.5-2015,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 9. (a) The contents of an investigative demand,
all documentary material, answers to written interrogatories, and
transcripts of oral testimony that are provided pursuant to an the
investigative demand shall be kept confidential by the attorney general
until an action is filed against a person for the violation under
investigation, unless:
(1) confidentiality is waived by the person being investigated and
the person who has testified, answered interrogatories, or
produced documentary material; or
(2) disclosure is made by the attorney general to another state or
federal attorney general or law enforcement agency for the
purposes of cooperation in law enforcement of state or federal
laws; or
(3) the attorney general makes a public announcement about
an investigation or that an investigative demand has been
issued.
(b) All documentary material, answers to written interrogatories,
and transcripts of oral testimony that are provided to the attorney
general pursuant to an investigative demand issued by another state or
federal attorney general or law enforcement agency under similar
authority shall be treated as if obtained pursuant to an investigative
demand issued by the attorney general under section 3 of this chapter.".
Page 2, line 12, after "(D)" insert "a not-for-profit corporation
that serves a public benefit with an operating budget that is".
Page 2, line 12, after "funds, or" insert "is".
Page 2, line 14, after "mission;" insert "or".
Page 2, delete lines 15 and 16.
Page 2, line 17, delete "(F)" and insert "(E)".
Page 3, line 4, delete "Gross mismanagement of" and insert "The
corporation is a public benefit corporation and has grossly
mismanaged".
Page 3, line 4, delete "other" and insert "committed another".
Page 3, line 6, delete "Failure" and insert "The corporation fails".
HB 1075—LS 6457/DI 148 10
Page 3, between lines 11 and 12, begin a new line block indented
and insert:
"Clauses (E) through (H) do not apply to a community mental
health center (as defined in IC 12-7-2-38), community
intellectual disability and other developmental disabilities
centers (as defined in IC 12-7-2-39), an ICF/IID (as defined in
IC 16-29-4-2), a federally-qualified health center (as defined
in 42 U.S.C. 1396d(l)(2)(B)), a hospital licensed under
IC 12-25, IC 16-21, IC 16-22, or IC 16-23, a health carrier (as
defined in IC 27-2-26-1), or a public utility (as defined in
IC 8-1-2-1).".
Page 3, line 16, delete "thirty (30)" and insert "forty-five (45)".
Page 3, delete lines 20 through 22, begin a new line block indented
and insert:
"The attorney general may commence an action against a
corporation if the corporation fails to remedy the violation
within forty-five (45) days after receiving a written notice
under this subdivision.".
Page 5, delete lines 13 through 25.
Page 5, line 26, reset in roman "(d)".
Page 5, line 26, delete "(e)".
Page 5, line 34, reset in roman "(e)".
Page 5, line 34, delete "(f)".
Page 5, line 35, reset in roman "(d)".
Page 5, line 35, delete "(e)".
Page 6, line 2, reset in roman "(f)".
Page 6, line 2, delete "(g)".
Page 6, line 3, reset in roman "(d):".
Page 6, line 3, delete "(e):".
Page 6, line 7, reset in roman "(g)".
Page 6, line 7, delete "(h)".
Page 6, line 8, reset in roman "(d)".
Page 6, line 8, delete "(e)".
Page 6, line 10, reset in roman "(h)".
Page 6, line 10, delete "(i)".
Page 6, line 11, reset in roman "(d),".
Page 6, line 11, delete "(e),".
Page 7, line 17, after "IC 4-6-3-3." insert "This subsection does not
apply to a community mental health center (as defined in
IC 12-7-2-38), community intellectual disability and other
developmental disabilities centers (as defined in IC 12-7-2-39), an
ICF/IID (as defined in IC 16-29-4-2), a federally-qualified health
HB 1075—LS 6457/DI 148 11
center (as defined in 42 U.S.C. 1396d(l)(2)(B)), a hospital licensed
under IC 12-25, IC 16-21, IC 16-22, or IC 16-23, a health carrier
(as defined in IC 27-2-26-1), or a public utility (as defined in
IC 8-1-2-1).".
Page 7, between lines 17 and 18, begin a new paragraph and insert:
"(i) Notwithstanding IC 4-6-3-4(2), a corporation must produce
records under this chapter:
(1) not later than forty-five (45) days; or
(2) not later than ninety (90) days, if agreed by the
corporation and the attorney general;
from the date of service of the investigative demand served under
IC 4-6-3-3.".
Page 7, line 18, delete "(i)" and insert "(j)".
Page 7, between lines 20 and 21, begin a new paragraph and insert:
"(k) Unless required or authorized by federal law, a state agency
(as defined in IC 4-6-3-1) may not impose an annual filing
requirement or reporting requirement upon a public benefit
corporation that is more burdensome than what is required by
state law. This subsection does not apply to a state grant or
contract, a fraud investigation, or a legal enforcement action.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to HB 1075 as introduced.)
TORR
Committee Vote: yeas 11, nays 0.
_____
HOUSE MOTION
Mr. Speaker: I move that House Bill 1075 be amended to read as
follows:
Page 2, line 14, reset in roman "or".
Page 2, line 18, after "laws" delete ";" and insert ".".
Page 2, line 18, delete "or".
Page 2, delete lines 19 through 21.
Page 7, line 38, delete "a community mental health center (as" and
insert "a county hospital licensed under IC 16-22".
Page 7, delete lines 39 through 42.
HB 1075—LS 6457/DI 148 12
Page 8, delete lines 1 through 2.
(Reference is to HB 1075 as printed January 19, 2023.)
JETER
_____
HOUSE MOTION
Mr. Speaker: I move that House Bill 1075 be amended to read as
follows:
Page 6, between lines 33 and 34, begin a new paragraph and insert:
"SECTION 6. IC 23-17-24-3, AS AMENDED BY P.L.245-2005,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. (a) A court in a judicial proceeding brought
by the attorney general or by any other party named under section 1 of
this chapter to dissolve a public benefit or mutual benefit corporation
may appoint at least one (1):
(1) receiver to wind up and liquidate; or
(2) custodian to manage;
the affairs of the corporation. The court shall hold a hearing, after
notifying all parties to the proceeding and any interested persons
designated by the court, before appointing a receiver or custodian. The
court appointing a receiver or custodian has exclusive jurisdiction over
the corporation and all of the corporation's property wherever located.
(b) The court may appoint an individual or a domestic or foreign
business or nonprofit corporation authorized to transact business in
Indiana as a receiver or custodian. The court may require the receiver
or custodian to post bond, with or without sureties, in an amount the
court directs.
(c) The court shall describe the powers and duties of the receiver or
custodian in the appointing order, which may be amended from time to
time, including the following:
(1) The receiver may do the following:
(A) Dispose of all or any part of the assets of the corporation
wherever located, at a public or private sale, if authorized by
the court. However, the corporation is subject to a trust, an
endowment, and other restrictions that would be applicable to
the corporation.
(B) Sue and defend in the receiver's or custodian's name as
receiver or custodian of the corporation in all Indiana courts.
(2) The custodian may exercise all of the powers of the
HB 1075—LS 6457/DI 148 13
corporation, through or in place of the corporation's board of
directors or officers, to the extent necessary to manage the affairs
of the corporation in the best interests of the corporation's
members and creditors or to carry out the corporation's lawful
purposes.
(d) The court during a receivership may redesignate the receiver a
custodian, and during a custodianship may redesignate the custodian
a receiver if doing so is in the best interests of the corporation and the
corporation's members and creditors.
(e) The court may, during the receivership or custodianship, order
compensation paid and expense disbursements or reimbursements
made to the receiver or custodian and the receiver's or custodian's
counsel from the assets of the corporation or proceeds from the sale of
the assets.
(f) Upon a showing of reasonable cause by the attorney general
or any other person, a circuit or superior court may appoint a
receiver to manage the corporation or property of the corporation
even if an action to dissolve the corporation has not been filed.".
Renumber all SECTIONS consecutively.
(Reference is to HB 1075 as printed January 19, 2023.)
MOED
_____
HOUSE MOTION
Mr. Speaker: I move that House Bill 1075 be amended to read as
follows:
Page 1, delete lines 1 through 17.
Page 2, delete lines 1 through 3.
Page 7, delete lines 36 through 42.
Page 8, delete lines 1 through 13.
Page 8, line 14, delete "(k)" and insert "(h)".
Page 8, delete lines 20 through 23.
Renumber all SECTIONS consecutively.
(Reference is to HB 1075 as printed January 19, 2023.)
HATFIELD
HB 1075—LS 6457/DI 148 14
HOUSE MOTION
Mr. Speaker: I move that House Bill 1075 be returned to the second
reading calendar forthwith for the purpose of amendment.
JETER
_____
HOUSE MOTION
Mr. Speaker: I move that House Bill 1075 be amended to read as
follows:
Page 3, line 13, delete "community mental" and insert "county
hospital licensed under IC 16-22".
Page 3, delete lines 14 through 19.
Page 3, line 20, delete "defined in IC 27-2-26-1),".
Page 8, delete line 19, begin a new paragraph and insert:
"(h) The attorney general may gain access to the records
identified in this chapter using the provisions of IC 4-6-3-3. This
subsection does not apply to a county hospital licensed under
IC 16-22 or a public utility (as defined in IC 8-1-2-1).".
Page 8, line 20, delete "(h)" and insert "(i)".
(Reference is to HB 1075 as reprinted January 24, 2023.)
JETER
HB 1075—LS 6457/DI 148