Old | New | Differences | |
---|---|---|---|
1 | + | *EH1026.1* | |
2 | + | February 23, 2024 | |
3 | + | ENGROSSED | |
4 | + | HOUSE BILL No. 1026 | |
5 | + | _____ | |
6 | + | DIGEST OF HB 1026 (Updated February 21, 2024 4:10 pm - DI 149) | |
7 | + | Citations Affected: IC 1-1; IC 2-5; IC 4-3; IC 4-13; IC 4-22; IC 4-23; | |
8 | + | IC 5-1; IC 5-2; IC 5-26; IC 6-1.1; IC 9-13; IC 10-19; IC 12-7; IC 12-8; | |
9 | + | IC 12-10; IC 12-15; IC 13-13; IC 14-8; IC 14-12; IC 14-13; IC 14-20; | |
10 | + | IC 15-15; IC 16-46; IC 20-19; IC 20-21; IC 20-22; IC 21-16; IC 21-47; | |
11 | + | IC 27-1; IC 33-38; IC 33-40. | |
12 | + | Synopsis: Commission, committee, and board administration. | |
13 | + | Specifies certain duties and responsibilities relating to the operations | |
14 | + | of various task forces, committees, boards, and councils (statutory | |
15 | + | entities). Renames the Indiana code revision commission, probate code | |
16 | + | study commission, and other statutory entities. Specifies that certain | |
17 | + | statutory entities are subject to the general law governing legislative | |
18 | + | (Continued next page) | |
19 | + | Effective: Upon passage. | |
20 | + | Engleman, Pierce K, Boy, DeLaney | |
21 | + | (SENATE SPONSOR — FREEMAN) | |
22 | + | January 8, 2024, read first time and referred to Committee on Government and Regulatory | |
23 | + | Reform. | |
24 | + | January 16, 2024, amended, reported — Do Pass. | |
25 | + | January 18, 2024, read second time, ordered engrossed. | |
26 | + | January 19, 2024, engrossed. | |
27 | + | January 22, 2024, read third time, passed. Yeas 93, nays 0. | |
28 | + | SENATE ACTION | |
29 | + | January 25, 2024, read first time and referred to Committee on Judiciary. | |
30 | + | February 22, 2024, amended, reported favorably — Do Pass. | |
31 | + | EH 1026—LS 6162/DI 92 Digest Continued | |
32 | + | committees rather than to the law governing the statutory list of interim | |
33 | + | study committees. Authorizes a designee of the revisor of statutes to | |
34 | + | serve as a member of the uniform law commission (ULC). Repeals | |
35 | + | statutes governing the Medicaid oversight committee and relocates | |
36 | + | them to the law governing interim study committees. Identifies certain | |
37 | + | state employees serving on statutory entities by their specific job titles. | |
38 | + | Provides for the reimbursement of expenses of state employees, lay | |
39 | + | persons, and members of the general assembly serving on statutory | |
40 | + | entities. Specifies the expiration dates of the terms of members of | |
41 | + | certain statutory entities. (The introduced version of this bill was | |
42 | + | prepared by the code revision commission.) | |
43 | + | EH 1026—LS 6162/DI 92EH 1026—LS 6162/DI 92 February 23, 2024 | |
1 | 44 | Second Regular Session of the 123rd General Assembly (2024) | |
2 | 45 | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana | |
3 | 46 | Constitution) is being amended, the text of the existing provision will appear in this style type, | |
4 | 47 | additions will appear in this style type, and deletions will appear in this style type. | |
5 | 48 | Additions: Whenever a new statutory provision is being enacted (or a new constitutional | |
6 | 49 | provision adopted), the text of the new provision will appear in this style type. Also, the | |
7 | 50 | word NEW will appear in that style type in the introductory clause of each SECTION that adds | |
8 | 51 | a new provision to the Indiana Code or the Indiana Constitution. | |
9 | 52 | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts | |
10 | 53 | between statutes enacted by the 2023 Regular Session of the General Assembly. | |
11 | - | HOUSE ENROLLED ACT No. 1026 | |
12 | - | AN ACT to amend the Indiana Code concerning general provisions. | |
54 | + | ENGROSSED | |
55 | + | HOUSE BILL No. 1026 | |
56 | + | A BILL FOR AN ACT to amend the Indiana Code concerning | |
57 | + | general provisions. | |
13 | 58 | Be it enacted by the General Assembly of the State of Indiana: | |
14 | - | SECTION 1. IC 1-1-4-8 IS ADDED TO THE INDIANA CODE AS | |
59 | + | 1 SECTION 1. IC 1-1-4-8 IS ADDED TO THE INDIANA CODE AS | |
60 | + | 2 A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON | |
61 | + | 3 PASSAGE]: Sec. 8. For purposes of a statute providing for the | |
62 | + | 4 reimbursement of the expenses incurred by an individual serving | |
63 | + | 5 as a member of a task force, a commission, a committee, or another | |
64 | + | 6 body (however designated), a member of the general assembly is | |
65 | + | 7 not considered a state employee. | |
66 | + | 8 SECTION 2. IC 2-5-1.1-10 IS REPEALED [EFFECTIVE UPON | |
67 | + | 9 PASSAGE]. Sec. 10. (a) The Indiana code revision commission is | |
68 | + | 10 established. The commission shall function as an advisory body to the | |
69 | + | 11 legislative council. In that capacity, the commission shall: | |
70 | + | 12 (1) assist the council in supervising the compilation, | |
71 | + | 13 computerization, indexing, and printing of the Indiana Code; | |
72 | + | 14 (2) assist the council in developing standards for the codification | |
73 | + | 15 and revision of statutes to make those statutes clear, concise, and | |
74 | + | 16 easy to interpret and to apply; | |
75 | + | 17 (3) assist the council, as required by IC 4-22-8-11, with the | |
76 | + | EH 1026—LS 6162/DI 92 2 | |
77 | + | 1 publication of the Indiana Register and in the compilation, | |
78 | + | 2 computerization, indexing, and printing of the Indiana | |
79 | + | 3 Administrative Code; | |
80 | + | 4 (4) assist the council, as required by IC 4-22-2-42, in developing | |
81 | + | 5 and revising standards, techniques, format, and numbering system | |
82 | + | 6 to be used in drafting rules for promulgation; | |
83 | + | 7 (5) assist the council in developing and revising standards, | |
84 | + | 8 techniques, and format to be used when preparing legislation for | |
85 | + | 9 consideration by the Indiana general assembly; and | |
86 | + | 10 (6) assist the council with any other related tasks assigned to the | |
87 | + | 11 commission by the council. | |
88 | + | 12 (b) The commission consists of the following members: | |
89 | + | 13 (1) Four (4) members of the house of representatives, not more | |
90 | + | 14 than two (2) of whom are members of the same political party, to | |
91 | + | 15 be appointed by the speaker of the house of representatives. | |
92 | + | 16 (2) Four (4) members of the senate, not more than two (2) of | |
93 | + | 17 whom are members of the same political party, to be appointed by | |
94 | + | 18 the president pro tempore of the senate. | |
95 | + | 19 (3) The chief justice of Indiana or the chief justice's designee. | |
96 | + | 20 (4) The chief judge of the Indiana court of appeals or the chief | |
97 | + | 21 judge's designee. | |
98 | + | 22 (5) The Indiana attorney general or the attorney general's | |
99 | + | 23 designee. | |
100 | + | 24 (6) An attorney admitted to the practice of law before the Indiana | |
101 | + | 25 supreme court selected by the chairman of the council. | |
102 | + | 26 (7) A present or former professor of law selected by the chairman | |
103 | + | 27 of the council. | |
104 | + | 28 (8) The Indiana secretary of state or the secretary of state's | |
105 | + | 29 designee. | |
106 | + | 30 (9) An individual appointed by the governor. | |
107 | + | 31 Appointive members of the commission shall be appointed to serve a | |
108 | + | 32 term of two (2) years or until their successors are appointed and | |
109 | + | 33 qualified. However, an appointing authority may replace a member | |
110 | + | 34 appointed under subsection (b)(1) or (b)(2) at any time during the | |
111 | + | 35 member's term. | |
112 | + | 36 (c) IC 2-5-1.2-8.5 applies to the appointment of a chair and a | |
113 | + | 37 vice-chair of the commission. | |
114 | + | 38 (d) Commission members serve without compensation other than | |
115 | + | 39 per diem and travel allowance as authorized for legislative study | |
116 | + | 40 committees. | |
117 | + | 41 (e) The commission shall meet as often as is necessary to properly | |
118 | + | 42 perform its duties. | |
119 | + | EH 1026—LS 6162/DI 92 3 | |
120 | + | 1 (f) The council may direct the legislative services agency to provide | |
121 | + | 2 such clerical, research, and administrative personnel and other | |
122 | + | 3 assistance as the council considers necessary to enable the commission | |
123 | + | 4 to properly perform its duties. | |
124 | + | 5 (g) Subject to the authorization of the council, the expenses incurred | |
125 | + | 6 by the commission in performing its duties shall be paid from the funds | |
126 | + | 7 appropriated to the council. | |
127 | + | 8 SECTION 3. IC 2-5-1.2-4, AS AMENDED BY P.L.53-2014, | |
128 | + | 9 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
129 | + | 10 UPON PASSAGE]: Sec. 4. "Committee" refers to a commission, a task | |
130 | + | 11 force, a committee, or another body (however designated) established | |
131 | + | 12 under this article. including a subcommittee established under | |
132 | + | 13 IC 2-5-1.3-12 and a committee established under IC 2-5-1.3-14. | |
133 | + | 14 SECTION 4. IC 2-5-1.2-8.6 IS ADDED TO THE INDIANA CODE | |
134 | + | 15 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE | |
135 | + | 16 UPON PASSAGE]: Sec. 8.6. (a) Subject to subsections (b) and (c), | |
136 | + | 17 a member of a committee serves a two (2) year term that expires on | |
137 | + | 18 June 30 of an odd-numbered year. A member may be reappointed | |
138 | + | 19 to serve successive terms. | |
139 | + | 20 (b) A member of a committee serves at the pleasure of the | |
140 | + | 21 appointing authority. | |
141 | + | 22 (c) A member of a committee established by statute in an | |
142 | + | 23 even-numbered year serves a one (1) year term that expires on | |
143 | + | 24 June 30 of the following year. | |
144 | + | 25 SECTION 5. IC 2-5-1.2-11, AS ADDED BY P.L.220-2011, | |
145 | + | 26 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
146 | + | 27 UPON PASSAGE]: Sec. 11. (a) Each member of a committee who is | |
147 | + | 28 not a state employee is entitled to receive the same per diem, mileage, | |
148 | + | 29 and travel allowances paid to individuals who serve as legislative and | |
149 | + | 30 lay members, respectively, of interim study committees established by | |
150 | + | 31 the legislative council. | |
151 | + | 32 (b) Each member of a committee who is a state employee is | |
152 | + | 33 entitled to reimbursement for traveling expenses as provided under | |
153 | + | 34 IC 4-13-1-4 and other expenses actually incurred in connection | |
154 | + | 35 with the member's duties as provided in the state policies and | |
155 | + | 36 procedures established by the Indiana department of | |
156 | + | 37 administration and approved by the budget agency. | |
157 | + | 38 (c) Each member of a committee who is a member of the general | |
158 | + | 39 assembly is entitled to receive the same per diem, mileage, and | |
159 | + | 40 travel allowances paid to members of the general assembly serving | |
160 | + | 41 on interim study committees established by the legislative council. | |
161 | + | 42 (d) Per diem, mileage, and travel allowances paid under this | |
162 | + | EH 1026—LS 6162/DI 92 4 | |
163 | + | 1 chapter shall be paid from appropriations made to the legislative | |
164 | + | 2 council or the legislative services agency. | |
165 | + | 3 SECTION 6. IC 2-5-1.4 IS ADDED TO THE INDIANA CODE AS | |
166 | + | 4 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON | |
167 | + | 5 PASSAGE]: | |
168 | + | 6 Chapter 1.4. Code Revision Committee | |
169 | + | 7 Sec. 1. As used in this chapter, "committee" refers to the code | |
170 | + | 8 revision committee described in section 3 of this chapter. | |
171 | + | 9 Sec. 2. As used in this chapter, "council" refers to the legislative | |
172 | + | 10 council created by IC 2-5-1.1-1. | |
173 | + | 11 Sec. 3. The Indiana code revision commission established by | |
174 | + | 12 IC 2-5-1.1-10 (before its repeal) is hereby renamed and shall be | |
175 | + | 13 known as the code revision committee. The committee is an | |
176 | + | 14 advisory body to the council. In that capacity, the committee shall: | |
177 | + | 15 (1) assist the council in supervising the compilation, | |
178 | + | 16 computerization, indexing, and printing of the Indiana Code; | |
179 | + | 17 (2) assist the council in developing standards for the | |
180 | + | 18 codification and revision of statutes to make those statutes | |
181 | + | 19 clear, concise, and easy to interpret and to apply; | |
182 | + | 20 (3) assist the council, as required by IC 4-22-8-11, with the | |
183 | + | 21 publication of the Indiana Register and in the compilation, | |
184 | + | 22 computerization, indexing, and printing of the Indiana | |
185 | + | 23 Administrative Code; | |
186 | + | 24 (4) assist the council, as required by IC 4-22-2-42, in | |
187 | + | 25 developing and revising standards, techniques, format, and | |
188 | + | 26 numbering system to be used in drafting rules for | |
189 | + | 27 promulgation; | |
190 | + | 28 (5) assist the council in developing and revising standards, | |
191 | + | 29 techniques, and format to be used when preparing legislation | |
192 | + | 30 for consideration by the Indiana general assembly; and | |
193 | + | 31 (6) assist the council with any other related tasks assigned to | |
194 | + | 32 the committee by the council. | |
195 | + | 33 Sec. 4. The committee consists of the following members: | |
196 | + | 34 (1) Four (4) members of the house of representatives, not | |
197 | + | 35 more than two (2) of whom are members of the same political | |
198 | + | 36 party, to be appointed by the speaker of the house of | |
199 | + | 37 representatives. | |
200 | + | 38 (2) Four (4) members of the senate, not more than two (2) of | |
201 | + | 39 whom are members of the same political party, to be | |
202 | + | 40 appointed by the president pro tempore of the senate. | |
203 | + | 41 (3) The chief justice of Indiana or the chief justice's designee. | |
204 | + | 42 (4) The chief judge of the Indiana court of appeals or the chief | |
205 | + | EH 1026—LS 6162/DI 92 5 | |
206 | + | 1 judge's designee. | |
207 | + | 2 (5) The Indiana attorney general or the attorney general's | |
208 | + | 3 designee. | |
209 | + | 4 (6) An attorney admitted to the practice of law before the | |
210 | + | 5 Indiana supreme court selected by the chairperson of the | |
211 | + | 6 council. | |
212 | + | 7 (7) A present or former professor of law selected by the | |
213 | + | 8 chairperson of the council. | |
214 | + | 9 (8) The Indiana secretary of state or the secretary of state's | |
215 | + | 10 designee. | |
216 | + | 11 (9) An individual appointed by the governor. | |
217 | + | 12 Sec. 5. Members of the committee serve a term of two (2) years | |
218 | + | 13 that expires June 30 of an odd-numbered year or until their | |
219 | + | 14 successors are appointed and qualified. A member of the | |
220 | + | 15 committee may be reappointed to successive terms. Members of the | |
221 | + | 16 committee serve at the pleasure of the appointing authority. | |
222 | + | 17 Sec. 6. The committee is subject to IC 2-5-1.2 and the policies | |
223 | + | 18 and rules of the council. | |
224 | + | 19 SECTION 7. IC 2-5-16.1-1, AS ADDED BY P.L.231-2019, | |
225 | + | 20 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
226 | + | 21 UPON PASSAGE]: Sec. 1. As used in this chapter, "commission" | |
227 | + | 22 "committee" refers to the probate code study commission committee | |
228 | + | 23 established by section 2 of this chapter. | |
229 | + | 24 SECTION 8. IC 2-5-16.1-2, AS ADDED BY P.L.231-2019, | |
230 | + | 25 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
231 | + | 26 UPON PASSAGE]: Sec. 2. The probate code study commission | |
232 | + | 27 committee is established. | |
233 | + | 28 SECTION 9. IC 2-5-16.1-3, AS AMENDED BY P.L.154-2022, | |
234 | + | 29 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
235 | + | 30 UPON PASSAGE]: Sec. 3. (a) The commission committee has the | |
236 | + | 31 following membership: | |
237 | + | 32 (1) Nine (9) members appointed by the governor that meet the | |
238 | + | 33 following requirements: | |
239 | + | 34 (A) Each Indiana congressional district must be represented by | |
240 | + | 35 at least one (1) member appointed under this subdivision who | |
241 | + | 36 is a resident of that congressional district. | |
242 | + | 37 (B) One (1) member must work in the trust department of a | |
243 | + | 38 bank, trust company, savings institution, or credit union | |
244 | + | 39 chartered and supervised under IC 28 or federal law. | |
245 | + | 40 (C) One (1) member must be an attorney licensed in Indiana | |
246 | + | 41 who primarily practices in the area of creditors' rights. | |
247 | + | 42 (D) One (1) member must be an attorney licensed in Indiana | |
248 | + | EH 1026—LS 6162/DI 92 6 | |
249 | + | 1 who practices in the area of estate planning. | |
250 | + | 2 (E) One (1) member must be an attorney licensed in Indiana | |
251 | + | 3 who practices in the area of guardianships. | |
252 | + | 4 (F) One (1) member must be an attorney licensed in Indiana | |
253 | + | 5 who practices in the area of trusts. | |
254 | + | 6 (G) One (1) member must be an attorney licensed in Indiana | |
255 | + | 7 who practices in the area of probate of estates. | |
256 | + | 8 (H) One (1) member must be an attorney licensed in Indiana | |
257 | + | 9 who practices in the area of probate litigation. | |
258 | + | 10 (I) One (1) member must be an Indiana trial court judge, | |
259 | + | 11 full-time magistrate, or full-time commissioner whose | |
260 | + | 12 jurisdiction includes probate. | |
261 | + | 13 (J) One (1) member must be an active or retired faculty | |
262 | + | 14 member of an Indiana institution of higher learning who | |
263 | + | 15 specializes in the field of estate planning and probate. | |
264 | + | 16 (2) Three (3) members appointed by the president pro tempore of | |
265 | + | 17 the senate from among the members of the senate, not more than | |
266 | + | 18 two (2) of whom may be affiliated with the same political party. | |
267 | + | 19 (3) Three (3) members appointed by the speaker of the house of | |
268 | + | 20 representatives from among the members of the house of | |
269 | + | 21 representatives, not more than two (2) of whom may be affiliated | |
270 | + | 22 with the same political party. | |
271 | + | 23 (4) The chief justice of the supreme court or a designee of the | |
272 | + | 24 chief justice, who shall serve as a nonvoting member. | |
273 | + | 25 (b) If a legislative member of the commission committee ceases to | |
274 | + | 26 be a member of the chamber from which the member was appointed, | |
275 | + | 27 the person ceases to be a member of the commission. committee. | |
276 | + | 28 (c) The term of a legislative member is two (2) years. A legislative | |
277 | + | 29 member's term expires on June 30 of an odd-numbered year. The | |
278 | + | 30 term of a member appointed by the governor is four (4) years and | |
279 | + | 31 expires as follows: | |
280 | + | 32 (1) For a member appointed under subsection (a)(1)(B) | |
281 | + | 33 through (a)(1)(F), June 30, 2025, and every fourth year | |
282 | + | 34 thereafter. | |
283 | + | 35 (2) For a member appointed under subsection (a)(1)(G) | |
284 | + | 36 through (a)(1)(J), June 30, 2027, and every fourth year | |
285 | + | 37 thereafter. | |
286 | + | 38 A member of the committee may be reappointed to successive | |
287 | + | 39 terms. | |
288 | + | 40 (d) If: | |
289 | + | 41 (1) the term of a member expires; | |
290 | + | 42 (2) the member is not reappointed; and | |
291 | + | EH 1026—LS 6162/DI 92 7 | |
292 | + | 1 (3) a successor is not appointed; | |
293 | + | 2 the term of the member continues until a successor is appointed. | |
294 | + | 3 (e) All initial appointments to the probate code study commission | |
295 | + | 4 must be made no later than July 1, 2019. | |
296 | + | 5 SECTION 10. IC 2-5-16.1-3.5 IS ADDED TO THE INDIANA | |
297 | + | 6 CODE AS A NEW SECTION TO READ AS FOLLOWS | |
298 | + | 7 [EFFECTIVE UPON PASSAGE]: Sec. 3.5. Except as otherwise | |
299 | + | 8 provided in this chapter, the committee is subject to IC 2-5-1.2 and | |
300 | + | 9 the policies and rules of the legislative council. | |
301 | + | 10 SECTION 11. IC 2-5-16.1-4 IS REPEALED [EFFECTIVE UPON | |
302 | + | 11 PASSAGE]. Sec. 4. (a) For calendar year 2019 and every fourth year | |
303 | + | 12 thereafter, the president pro tempore of the senate shall appoint a | |
304 | + | 13 chairperson and a vice chairperson from among the commission's | |
305 | + | 14 legislative members, each to serve a term of two (2) years. | |
306 | + | 15 (b) For calendar year 2021 and every fourth year thereafter, the | |
307 | + | 16 speaker of the house of representatives shall appoint a chairperson and | |
308 | + | 17 a vice chairperson from among the commission's legislative members, | |
309 | + | 18 each to serve a term of two (2) years. | |
310 | + | 19 SECTION 12. IC 2-5-16.1-5 IS REPEALED [EFFECTIVE UPON | |
311 | + | 20 PASSAGE]. Sec. 5. (a) A vacancy on the commission shall be filled by | |
312 | + | 21 the original appointing authority. | |
313 | + | 22 (b) If the office of chairperson or vice chairperson of the | |
314 | + | 23 commission becomes vacant, the commission shall elect a person to fill | |
315 | + | 24 the vacancy from among the legislative members of the commission. | |
316 | + | 25 SECTION 13. IC 2-5-16.1-6, AS AMENDED BY P.L.154-2022, | |
317 | + | 26 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
318 | + | 27 UPON PASSAGE]: Sec. 6. (a) A quorum for a meeting of the | |
319 | + | 28 commission committee is determined as follows: | |
320 | + | 29 STEP ONE: Determine the total number of members currently | |
321 | + | 30 serving on the commission. committee. | |
322 | + | 31 STEP TWO: Divide the number determined in STEP ONE by two | |
323 | + | 32 (2). If the quotient is not a whole number, round the quotient up | |
324 | + | 33 to the nearest whole number. | |
325 | + | 34 STEP THREE: Add one (1) member to the quotient determined | |
326 | + | 35 in STEP TWO. | |
327 | + | 36 (b) The affirmative votes of at least eight (8) voting members of the | |
328 | + | 37 commission committee are required for the commission committee to | |
329 | + | 38 take final action. | |
330 | + | 39 SECTION 14. IC 2-5-16.1-7, AS ADDED BY P.L.231-2019, | |
331 | + | 40 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
332 | + | 41 UPON PASSAGE]: Sec. 7. Subject to applicable statutes and policies | |
333 | + | 42 established by the legislative council, the commission, committee, by | |
334 | + | EH 1026—LS 6162/DI 92 8 | |
335 | + | 1 resolution, may adopt rules and create committees, subcommittees, | |
336 | + | 2 consisting of its members, necessary for the proper conduct of its | |
337 | + | 3 business. | |
338 | + | 4 SECTION 15. IC 2-5-16.1-8 IS REPEALED [EFFECTIVE UPON | |
339 | + | 5 PASSAGE]. Sec. 8. Each legislative member and each lay member of | |
340 | + | 6 the commission is entitled to receive the same per diem, mileage, and | |
341 | + | 7 travel allowances paid to individuals serving as legislative and lay | |
342 | + | 8 members, respectively, on an interim study committee established by | |
343 | + | 9 the legislative council. | |
344 | + | 10 SECTION 16. IC 2-5-16.1-9 IS REPEALED [EFFECTIVE UPON | |
345 | + | 11 PASSAGE]. Sec. 9. The legislative services agency shall provide staff | |
346 | + | 12 to support the commission. | |
347 | + | 13 SECTION 17. IC 2-5-16.1-10 IS REPEALED [EFFECTIVE UPON | |
348 | + | 14 PASSAGE]. Sec. 10. Funds necessary to carry out this chapter shall be | |
349 | + | 15 allotted to the commission from funds appropriated to the legislative | |
350 | + | 16 council. | |
351 | + | 17 SECTION 18. IC 2-5-16.1-11, AS ADDED BY P.L.231-2019, | |
352 | + | 18 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
353 | + | 19 UPON PASSAGE]: Sec. 11. Subject to standards set by statute and the | |
354 | + | 20 policies established by the legislative council, the commission | |
355 | + | 21 committee may accept money or services from any public or private | |
356 | + | 22 source to carry out this chapter. | |
357 | + | 23 SECTION 19. IC 2-5-16.1-12 IS REPEALED [EFFECTIVE UPON | |
358 | + | 24 PASSAGE]. Sec. 12. The commission shall submit reports in an | |
359 | + | 25 electronic format under IC 5-14-6 to the legislative council as and | |
360 | + | 26 when requested by the council. | |
361 | + | 27 SECTION 20. IC 2-5-16.1-13, AS ADDED BY P.L.231-2019, | |
362 | + | 28 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
363 | + | 29 UPON PASSAGE]: Sec. 13. The commission committee shall carry | |
364 | + | 30 out a program to study and recommend to the general assembly needed | |
365 | + | 31 changes in the following: | |
366 | + | 32 (1) The probate code (IC 29-1). | |
367 | + | 33 (2) The trust code (IC 30-4). | |
368 | + | 34 (3) Any other statute affecting the administration of a decedent's | |
369 | + | 35 estate, guardianship, probate jurisdiction, trust, or fiduciary. | |
370 | + | 36 SECTION 21. IC 2-5-16.1-14, AS ADDED BY P.L.231-2019, | |
371 | + | 37 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
372 | + | 38 UPON PASSAGE]: Sec. 14. The legislative council may refer any | |
373 | + | 39 issue related to probate or trusts and fiduciaries to the commission | |
374 | + | 40 committee for study. If a matter is referred to the commission | |
375 | + | 41 committee under this section, the commission committee shall study | |
376 | + | 42 that matter and report in an electronic format under IC 5-14-6 to the | |
377 | + | EH 1026—LS 6162/DI 92 9 | |
378 | + | 1 legislative council as requested by the council. | |
379 | + | 2 SECTION 22. IC 2-5-35-3, AS ADDED BY P.L.53-2012, | |
380 | + | 3 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
381 | + | 4 UPON PASSAGE]: Sec. 3. The commission is comprised of the | |
382 | + | 5 following members: | |
383 | + | 6 (1) A member of the senate appointed by the president pro | |
384 | + | 7 tempore of the senate. | |
385 | + | 8 (2) A member of the senate appointed by the minority leader of | |
386 | + | 9 the senate. | |
387 | + | 10 (3) A member of the house of representatives appointed by the | |
388 | + | 11 speaker of the house of representatives. | |
389 | + | 12 (4) A member of the house of representatives appointed by the | |
390 | + | 13 minority leader of the house of representatives. | |
391 | + | 14 (5) The revisor of statutes of the general assembly or the | |
392 | + | 15 revisor's designee. | |
393 | + | 16 (6) A current or former law professor with expertise in | |
394 | + | 17 commercial law appointed by the chief justice of Indiana. | |
395 | + | 18 (7) Five (5) members appointed by the governor, not more than | |
396 | + | 19 three (3) of whom may be from the same political party. | |
397 | + | 20 SECTION 23. IC 2-5-35-5, AS ADDED BY P.L.53-2012, | |
398 | + | 21 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
399 | + | 22 UPON PASSAGE]: Sec. 5. (a) A member of the commission is entitled | |
400 | + | 23 to reimbursement of actual expenses that are: | |
401 | + | 24 (1) incurred by the member in participating on the commission | |
402 | + | 25 under this chapter; and | |
403 | + | 26 (2) not reimbursed from any other source. | |
404 | + | 27 Participation on the commission under this chapter includes attending | |
405 | + | 28 the annual meeting of the National Conference of Commissioners on | |
406 | + | 29 Uniform State Laws. | |
407 | + | 30 (b) Expenses incurred by members in participating on the | |
408 | + | 31 commission under this chapter shall be reimbursed as follows: | |
409 | + | 32 (1) The expenses of members appointed under section 3(1) | |
410 | + | 33 through 3(4) of this chapter shall be reimbursed from money | |
411 | + | 34 appropriated to the senate, the house of representatives, the | |
412 | + | 35 legislative council, or the legislative services agency. | |
413 | + | 36 (2) The expenses of the revisor of statutes or the revisor's | |
414 | + | 37 designee under section 3(5) of this chapter shall be reimbursed | |
415 | + | 38 from funds appropriated to the legislative services agency. | |
416 | + | 39 (3) The expenses of members appointed under section 3(6) and | |
417 | + | 40 3(7) of this chapter shall be reimbursed from money appropriated | |
418 | + | 41 to the commission. | |
419 | + | 42 SECTION 24. IC 2-5-54 IS ADDED TO THE INDIANA CODE AS | |
420 | + | EH 1026—LS 6162/DI 92 10 | |
421 | + | 1 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON | |
422 | + | 2 PASSAGE]: | |
423 | + | 3 Chapter 54. Medicaid Oversight Committee | |
424 | + | 4 Sec. 1. As used in this chapter, "oversight committee" refers to | |
425 | + | 5 the Medicaid oversight committee established by section 2 of this | |
426 | + | 6 chapter. | |
427 | + | 7 Sec. 2. The Medicaid oversight committee is established. | |
428 | + | 8 Sec. 3. The oversight committee consists of the following | |
429 | + | 9 members: | |
430 | + | 10 (1) The chairperson of the house ways and means committee. | |
431 | + | 11 (2) The ranking minority member of the house ways and | |
432 | + | 12 means committee. | |
433 | + | 13 (3) One (1) member of the house ways and means committee | |
434 | + | 14 who is appointed by the speaker of the house of | |
435 | + | 15 representatives. | |
436 | + | 16 (4) The chairperson of the house public health committee. | |
437 | + | 17 (5) The chairperson of the senate appropriations committee. | |
438 | + | 18 (6) The chairperson of the senate tax and fiscal policy | |
439 | + | 19 committee. | |
440 | + | 20 (7) The ranking minority member of the senate | |
441 | + | 21 appropriations committee. | |
442 | + | 22 (8) The chairperson of the senate health and provider services | |
443 | + | 23 committee. | |
444 | + | 24 (9) The director of the office of management and budget, or | |
445 | + | 25 the director's designee. | |
446 | + | 26 (10) The secretary of the family and social services | |
447 | + | 27 administration, or the secretary's designee. | |
448 | + | 28 Sec. 4. The oversight committee shall review, consider, and | |
449 | + | 29 make recommendations concerning all requests for new services | |
450 | + | 30 and changes in existing services for the Medicaid program. | |
451 | + | 31 Sec. 5. The oversight committee shall operate under IC 2-5-1.2, | |
452 | + | 32 IC 2-5-1.3, and the policies and rules of the legislative council. | |
453 | + | 33 Sec. 6. A member of the committee serves at the pleasure of the | |
454 | + | 34 appointing authority. A member of the committee appointed under | |
455 | + | 35 IC 12-15-47.3 (before its repeal) serves a (2) two year term that | |
456 | + | 36 expires on June 30, 2025. A member may be reappointed to | |
457 | + | 37 successive terms. | |
458 | + | 38 SECTION 25. IC 4-3-25-4, AS AMENDED BY P.L.43-2021, | |
459 | + | 39 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
460 | + | 40 UPON PASSAGE]: Sec. 4. (a) The commission consists of the | |
461 | + | 41 following twenty (20) members: | |
462 | + | 42 (1) A member of the governor's staff appointed by the governor. | |
463 | + | EH 1026—LS 6162/DI 92 11 | |
464 | + | 1 (2) An appellate or trial court judge appointed by the chief justice | |
465 | + | 2 of the supreme court to serve on the commission for a term of four | |
466 | + | 3 (4) years. | |
467 | + | 4 (3) One (1) legislative member appointed by the president pro | |
468 | + | 5 tempore of the senate. | |
469 | + | 6 (4) One (1) legislative member appointed by the minority leader | |
470 | + | 7 of the senate. | |
471 | + | 8 (5) One (1) legislative member appointed by the speaker of the | |
472 | + | 9 house of representatives. | |
473 | + | 10 (6) One (1) legislative member appointed by the minority leader | |
474 | + | 11 of the house of representatives. | |
475 | + | 12 (7) The secretary of education. | |
476 | + | 13 (8) The director of the department of child services. | |
477 | + | 14 (9) The executive director of the Indiana prosecuting attorneys | |
478 | + | 15 council. | |
479 | + | 16 (10) The executive director of the public defender council of | |
480 | + | 17 Indiana. | |
481 | + | 18 (11) The secretary of family and social services. | |
482 | + | 19 (12) The state health commissioner. | |
483 | + | 20 (13) The commissioner of the department of correction. | |
484 | + | 21 (14) The superintendent of the state police department. | |
485 | + | 22 (15) The director of the office of management and budget or the | |
486 | + | 23 budget director, as selected by the governor. | |
487 | + | 24 (16) The executive director of the Indiana criminal justice | |
488 | + | 25 institute. | |
489 | + | 26 (17) The executive director of the professional licensing agency. | |
490 | + | 27 (18) The attorney general, who shall serve as a nonvoting | |
491 | + | 28 member. | |
492 | + | 29 (19) One (1) member at large appointed by the governor. The | |
493 | + | 30 member appointed under this subdivision serves at the | |
494 | + | 31 pleasure of the governor and may be reappointed to | |
495 | + | 32 successive terms. | |
496 | + | 33 (20) The executive director of the Indiana housing and | |
497 | + | 34 community development authority. | |
498 | + | 35 (b) Each legislative member of the commission serves a two (2) | |
499 | + | 36 year term ending June 30 of each odd-numbered year. A legislative | |
500 | + | 37 member of the commission may be reappointed to successive | |
501 | + | 38 terms. The member appointed under subsection (a)(19) serves a | |
502 | + | 39 four (4) year term ending December 31, 2025, and each fourth year | |
503 | + | 40 thereafter. | |
504 | + | 41 SECTION 26. IC 4-3-25-6, AS ADDED BY P.L.7-2016, SECTION | |
505 | + | 42 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON | |
506 | + | EH 1026—LS 6162/DI 92 12 | |
507 | + | 1 PASSAGE]: Sec. 6. (a) A legislative member of the commission may | |
508 | + | 2 be removed at any time by the appointing authority who appointed the | |
509 | + | 3 legislative member. | |
510 | + | 4 (b) If a vacancy exists on the commission, the appointing authority | |
511 | + | 5 who appointed the member whose position has become vacant shall | |
512 | + | 6 appoint an individual to fill the vacancy. | |
513 | + | 7 (c) An individual appointed to fill a vacancy serves on the | |
514 | + | 8 commission for the remainder of the unexpired term of the | |
515 | + | 9 individual's predecessor. | |
516 | + | 10 SECTION 27. IC 4-3-25-7, AS ADDED BY P.L.7-2016, SECTION | |
517 | + | 11 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON | |
518 | + | 12 PASSAGE]: Sec. 7. (a) Each member of the commission who is not a | |
519 | + | 13 state employee is not entitled to the minimum salary per diem provided | |
520 | + | 14 under IC 4-10-11-2.1(b). The member is, however, entitled to | |
521 | + | 15 reimbursement for mileage, traveling expenses as provided under | |
522 | + | 16 IC 4-13-1-4, and other expenses actually incurred in connection with | |
523 | + | 17 the member's duties as provided in the state policies and procedures | |
524 | + | 18 established by the Indiana department of administration and approved | |
525 | + | 19 by the budget agency. | |
526 | + | 20 (b) Each member of the commission who is a state employee but | |
527 | + | 21 who is not a member of the general assembly is entitled to | |
528 | + | 22 reimbursement for traveling expenses as provided under IC 4-13-1-4 | |
529 | + | 23 and other expenses actually incurred in connection with the member's | |
530 | + | 24 duties as provided in the state policies and procedures established by | |
531 | + | 25 the Indiana department of administration and approved by the budget | |
532 | + | 26 agency. | |
533 | + | 27 (c) Each member of the commission who is a member of the general | |
534 | + | 28 assembly is entitled to receive the same per diem, mileage, and travel | |
535 | + | 29 allowances paid to legislative members of interim study committees | |
536 | + | 30 established by the legislative council. Per diem, mileage, and travel | |
537 | + | 31 allowances paid under this subsection shall be paid from appropriations | |
538 | + | 32 made to the legislative council or the legislative services agency. | |
539 | + | 33 (d) Expenses paid under subsections (a) and (b) shall be paid | |
540 | + | 34 from appropriations made to the family and social services | |
541 | + | 35 administration. | |
542 | + | 36 SECTION 28. IC 4-3-27-3.5 IS ADDED TO THE INDIANA CODE | |
543 | + | 37 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE | |
544 | + | 38 UPON PASSAGE]: Sec. 3.5. The cabinet shall meet at the call of the | |
545 | + | 39 chairperson. | |
546 | + | 40 SECTION 29. IC 4-3-27-6, AS AMENDED BY P.L.132-2020, | |
547 | + | 41 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
548 | + | 42 UPON PASSAGE]: Sec. 6. (a) Except as provided in subsections (b) | |
549 | + | EH 1026—LS 6162/DI 92 13 | |
550 | + | 1 and (c), members shall be appointed to the cabinet for two (2) four (4) | |
551 | + | 2 year terms. The terms must be staggered so that the terms of half of the | |
552 | + | 3 members expire each year. A four (4) year term expires as follows: | |
553 | + | 4 (1) For a member appointed under section 5(a)(9) through | |
554 | + | 5 5(a)(17) of this chapter, December 31, 2025, and every fourth | |
555 | + | 6 year thereafter. | |
556 | + | 7 (2) For a member appointed under section 5(a)(18) through | |
557 | + | 8 5(a)(23) of this chapter or under section 5(a)(28) of this | |
558 | + | 9 chapter, December 31, 2027, and every fourth year thereafter. | |
559 | + | 10 The governor must rotate appointments described in section 5(a)(9) and | |
560 | + | 11 5(a)(10) of this chapter so that the same research university, | |
561 | + | 12 comprehensive university, or independent college is not represented on | |
562 | + | 13 the cabinet for two (2) consecutive terms. | |
563 | + | 14 (b) The members of the general assembly appointed under | |
564 | + | 15 section 5(a)(26) or 5(a)(27) of this chapter serve two (2) year terms | |
565 | + | 16 that expire June 30 of an odd-numbered year. The appropriate | |
566 | + | 17 appointing authority shall fill a vacancy among the legislative | |
567 | + | 18 members of the cabinet. | |
568 | + | 19 (c) The chairperson appointed under section 5 of this chapter | |
569 | + | 20 serves at the pleasure of the governor. | |
570 | + | 21 (b) (d) For members appointed by the governor, the governor shall | |
571 | + | 22 promptly make an appointment to fill any vacancy on the cabinet, but | |
572 | + | 23 only for the duration of the unexpired term. | |
573 | + | 24 SECTION 30. IC 4-3-27-8, AS ADDED BY P.L.152-2018, | |
574 | + | 25 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
575 | + | 26 UPON PASSAGE]: Sec. 8. (a) Any member of the cabinet who is not | |
576 | + | 27 a state employee is entitled to the minimum salary per diem provided | |
577 | + | 28 by IC 4-10-11-2.1(b). Such a member is also entitled to reimbursement | |
578 | + | 29 for mileage, traveling expenses under IC 4-13-1-4, and other expenses | |
579 | + | 30 actually incurred in connection with the member's duties as provided | |
580 | + | 31 in the state policies and procedures established by the Indiana | |
581 | + | 32 department of administration and approved by the budget agency. | |
582 | + | 33 (b) Any member of the cabinet who is a state employee but who is | |
583 | + | 34 not a member of the general assembly is entitled to reimbursement for | |
584 | + | 35 traveling expenses under IC 4-13-1-4 and other expenses actually | |
585 | + | 36 incurred in connection with the member's duties as provided in the state | |
586 | + | 37 policies and procedures established by the Indiana department of | |
587 | + | 38 administration and approved by the budget agency. | |
588 | + | 39 (c) Any member of the cabinet who is a member of the general | |
589 | + | 40 assembly is entitled to receive the same per diem, mileage, and travel | |
590 | + | 41 allowances paid to members of the general assembly serving on interim | |
591 | + | 42 study committees established by the legislative council. Per diem, | |
592 | + | EH 1026—LS 6162/DI 92 14 | |
593 | + | 1 mileage, and travel allowances paid under this subsection shall be | |
594 | + | 2 paid from appropriations made to the legislative council or the | |
595 | + | 3 legislative services agency. | |
596 | + | 4 (d) Expenses paid under subsections (a) and (b) shall be paid | |
597 | + | 5 from appropriations made to the cabinet. | |
598 | + | 6 SECTION 31. IC 4-13-16.5-1, AS AMENDED BY P.L.15-2020, | |
599 | + | 7 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
600 | + | 8 UPON PASSAGE]: Sec. 1. (a) The definitions in this section apply | |
601 | + | 9 throughout this chapter. | |
602 | + | 10 (b) "Commission" refers to the governor's commission on supplier | |
603 | + | 11 diversity established under section 2 of this chapter. | |
604 | + | 12 (c) "Commissioner" refers to the commissioner of the department. | |
605 | + | 13 (d) "Contract" means any contract awarded by a state agency or, as | |
606 | + | 14 set forth in section 2(f)(11) 2(g)(11) of this chapter, awarded by a | |
607 | + | 15 recipient of state grant funds, for construction projects or the | |
608 | + | 16 procurement of goods or services, including professional services. For | |
609 | + | 17 purposes of this subsection, "goods or services" may not include the | |
610 | + | 18 following when determining the total value of contracts for state | |
611 | + | 19 agencies: | |
612 | + | 20 (1) Utilities. | |
613 | + | 21 (2) Health care services (as defined in IC 27-8-11-1(c)). | |
614 | + | 22 (3) Rent paid for real property or payments constituting the price | |
615 | + | 23 of an interest in real property as a result of a real estate | |
616 | + | 24 transaction. | |
617 | + | 25 (e) "Contractor" means a person or entity that: | |
618 | + | 26 (1) contracts with a state agency; or | |
619 | + | 27 (2) as set forth in section 2(f)(11) 2(g)(11) of this chapter: | |
620 | + | 28 (A) is a recipient of state grant funds; and | |
621 | + | 29 (B) enters into a contract: | |
622 | + | 30 (i) with a person or entity other than a state agency; and | |
623 | + | 31 (ii) that is paid for in whole or in part with the state grant | |
624 | + | 32 funds. | |
625 | + | 33 (f) "Department" refers to the Indiana department of administration | |
626 | + | 34 established by IC 4-13-1-2. | |
627 | + | 35 (g) "Deputy commissioner" refers to the deputy commissioner for | |
628 | + | 36 supplier diversity of the department. | |
629 | + | 37 (h) "Minority business enterprise" or "minority business" means an | |
630 | + | 38 individual, partnership, corporation, limited liability company, or joint | |
631 | + | 39 venture of any kind that is owned and controlled by one (1) or more | |
632 | + | 40 persons who are: | |
633 | + | 41 (1) United States citizens; and | |
634 | + | 42 (2) members of a minority group or a qualified minority nonprofit | |
635 | + | EH 1026—LS 6162/DI 92 15 | |
636 | + | 1 corporation. | |
637 | + | 2 (i) "NGB-22" means the National Guard Report of Separation form | |
638 | + | 3 or its predecessor or successor form. | |
639 | + | 4 (j) "Qualified minority or women's nonprofit corporation" means a | |
640 | + | 5 corporation that: | |
641 | + | 6 (1) is exempt from federal income taxation under Section | |
642 | + | 7 501(c)(3) of the Internal Revenue Code; | |
643 | + | 8 (2) is headquartered in Indiana; | |
644 | + | 9 (3) has been in continuous existence for at least five (5) years; | |
645 | + | 10 (4) has a board of directors that has been in compliance with all | |
646 | + | 11 other requirements of this chapter for at least five (5) years; | |
647 | + | 12 (5) is chartered for the benefit of the minority community or | |
648 | + | 13 women; and | |
649 | + | 14 (6) provides a service that will not impede competition among | |
650 | + | 15 minority business enterprises or women's business enterprises at | |
651 | + | 16 the time a nonprofit applies for certification as a minority | |
652 | + | 17 business enterprise or a women's business enterprise. | |
653 | + | 18 (k) "Owned and controlled" means: | |
654 | + | 19 (1) if the business is a qualified minority nonprofit corporation, a | |
655 | + | 20 majority of the board of directors are minority; | |
656 | + | 21 (2) if the business is a qualified women's nonprofit corporation, | |
657 | + | 22 a majority of the members of the board of directors are women; or | |
658 | + | 23 (3) if the business is a business other than a qualified minority or | |
659 | + | 24 women's nonprofit corporation, having: | |
660 | + | 25 (A) ownership of at least fifty-one percent (51%) of the | |
661 | + | 26 enterprise, including corporate stock of a corporation; | |
662 | + | 27 (B) control over the management and active in the day-to-day | |
663 | + | 28 operations of the business; and | |
664 | + | 29 (C) an interest in the capital, assets, and profits and losses of | |
665 | + | 30 the business proportionate to the percentage of ownership. | |
666 | + | 31 (l) "Minority group" means: | |
667 | + | 32 (1) African Americans; | |
668 | + | 33 (2) Native Americans; | |
669 | + | 34 (3) Hispanic Americans; and | |
670 | + | 35 (4) Asian Americans. | |
671 | + | 36 (m) "Separate body corporate and politic" refers to an entity | |
672 | + | 37 established by the general assembly as a body corporate and politic. | |
673 | + | 38 (n) "State agency" refers to any authority, board, branch, | |
674 | + | 39 commission, committee, department, division, or other instrumentality | |
675 | + | 40 of the executive, including the administrative, department of state | |
676 | + | 41 government. | |
677 | + | 42 (o) "Veteran" means an individual who: | |
678 | + | EH 1026—LS 6162/DI 92 16 | |
679 | + | 1 (1) has previously: | |
680 | + | 2 (A) served on active duty in any branch of the armed forces of | |
681 | + | 3 the United States or their reserves, in the national guard, or in | |
682 | + | 4 the Indiana National Guard; and | |
683 | + | 5 (B) received an honorable discharge from service; or | |
684 | + | 6 (2) is currently serving in: | |
685 | + | 7 (A) any branch of the armed forces of the United States or | |
686 | + | 8 their reserves; | |
687 | + | 9 (B) the national guard; or | |
688 | + | 10 (C) the Indiana National Guard. | |
689 | + | 11 (p) "Veteran owned small business" refers to a small business that: | |
690 | + | 12 (1) is independently owned and operated; | |
691 | + | 13 (2) is not dominant in its field of operation; and | |
692 | + | 14 (3) satisfies the criteria to be a veteran owned small business | |
693 | + | 15 concern as specified in section 1.5 of this chapter. | |
694 | + | 16 (q) "Women's business enterprise" means a business that is one (1) | |
695 | + | 17 of the following: | |
696 | + | 18 (1) A sole proprietorship owned and controlled by a woman. | |
697 | + | 19 (2) A partnership or joint venture owned and controlled by | |
698 | + | 20 women in which: | |
699 | + | 21 (A) at least fifty-one percent (51%) of the ownership is held by | |
700 | + | 22 women; and | |
701 | + | 23 (B) the management and daily business operations are | |
702 | + | 24 controlled by at least one (1) of the women who owns the | |
703 | + | 25 business. | |
704 | + | 26 (3) A corporation or other entity: | |
705 | + | 27 (A) whose management and daily business operations are | |
706 | + | 28 controlled by at least one (1) of the women who owns the | |
707 | + | 29 business; and | |
708 | + | 30 (B) that is at least fifty-one percent (51%) owned by women, | |
709 | + | 31 or if stock is issued, at least fifty-one percent (51%) of the | |
710 | + | 32 stock is owned by at least one (1) of the women. | |
711 | + | 33 (4) A qualified women's nonprofit corporation. | |
712 | + | 34 SECTION 32. IC 4-13-16.5-2, AS AMENDED BY P.L.15-2020, | |
713 | + | 35 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
714 | + | 36 UPON PASSAGE]: Sec. 2. (a) There is established a governor's | |
715 | + | 37 commission on supplier diversity. The commission shall consist of the | |
716 | + | 38 following members: | |
717 | + | 39 (1) A governor's designee, who shall serve as chairman | |
718 | + | 40 chairperson of the commission. | |
719 | + | 41 (2) The commissioner of the Indiana department of transportation, | |
720 | + | 42 or the economic opportunity director of the Indiana department of | |
721 | + | EH 1026—LS 6162/DI 92 17 | |
722 | + | 1 transportation if the commissioner of the Indiana department of | |
723 | + | 2 transportation so designates. | |
724 | + | 3 (3) The chairperson of the board of the Indiana economic | |
725 | + | 4 development corporation or the chairperson's designee. | |
726 | + | 5 (4) The commissioner of the department of administration. | |
727 | + | 6 (5) Nine (9) individuals with demonstrated capabilities in | |
728 | + | 7 business and industry, especially minority business enterprises, | |
729 | + | 8 women's business enterprises, and veteran owned small | |
730 | + | 9 businesses, appointed by the governor from the following | |
731 | + | 10 geographical areas of the state: | |
732 | + | 11 (A) Three (3) from the northern one-third (1/3) of the state. | |
733 | + | 12 (B) Three (3) from the central one-third (1/3) of the state. | |
734 | + | 13 (C) Three (3) from the southern one-third (1/3) of the state. | |
735 | + | 14 (6) Two (2) members of the house of representatives, no more | |
736 | + | 15 than one (1) from the same political party, appointed by the | |
737 | + | 16 speaker of the house of representatives to serve in a nonvoting | |
738 | + | 17 advisory capacity. | |
739 | + | 18 (7) Two (2) members of the senate, no more than one (1) from the | |
740 | + | 19 same political party, appointed by the president pro tempore of | |
741 | + | 20 the senate to serve in a nonvoting advisory capacity. | |
742 | + | 21 (8) The deputy commissioner of the department of | |
743 | + | 22 administration, who shall serve as a nonvoting member. | |
744 | + | 23 Not more than six (6) of the ten (10) members appointed or designated | |
745 | + | 24 by the governor may be of the same political party. Appointed | |
746 | + | 25 Members of the commission serve at the pleasure of the appointing | |
747 | + | 26 authority and may be reappointed to successive terms. Subject to | |
748 | + | 27 subsection (b), members of the commission appointed under | |
749 | + | 28 subdivision (1) and subdivision (5) shall serve four (4) year terms. | |
750 | + | 29 Members of the general assembly appointed to the commission | |
751 | + | 30 serve two (2) year terms that expire June 30 of an odd-numbered | |
752 | + | 31 year. A vacancy occurs if a legislative member leaves office for any | |
753 | + | 32 reason. Any vacancy on the commission shall be filled in the same | |
754 | + | 33 manner as the original appointment. An individual appointed to fill | |
755 | + | 34 a vacancy serves on the commission for the remainder of the | |
756 | + | 35 unexpired term of the individual's predecessor. | |
757 | + | 36 (b) The terms of the members appointed under subsection (a)(1) | |
758 | + | 37 or (a)(5) expire as follows: | |
759 | + | 38 (1) For a member appointed under subsection (a)(1) or | |
760 | + | 39 (a)(5)(A), June 30, 2025, and every fourth year thereafter. | |
761 | + | 40 (2) For a member appointed under subsection (a)(5)(B) or | |
762 | + | 41 (a)(5)(C), June 30, 2027, and every fourth year thereafter. | |
763 | + | 42 (b) (c) Each member of the commission who is not a state employee | |
764 | + | EH 1026—LS 6162/DI 92 18 | |
765 | + | 1 is entitled to the following: | |
766 | + | 2 (1) The minimum salary per diem provided by IC 4-10-11-2.1(b). | |
767 | + | 3 (2) Reimbursement for mileage, traveling expenses, and other | |
768 | + | 4 expenses actually incurred in connection with the member's duties | |
769 | + | 5 as provided under IC 4-13-1-4 and in the state travel policies and | |
770 | + | 6 procedures established by the Indiana department of | |
771 | + | 7 administration and approved by the budget agency. | |
772 | + | 8 The department shall pay expenses incurred under this subsection | |
773 | + | 9 from amounts appropriated for the operating expenses of the | |
774 | + | 10 department of administration. | |
775 | + | 11 (c) (d) Each legislative member of the commission is entitled to | |
776 | + | 12 receive the same per diem, mileage, and travel allowances established | |
777 | + | 13 by the legislative council and paid to members of the general assembly | |
778 | + | 14 serving on interim study committees. The allowances specified in this | |
779 | + | 15 subsection shall be paid by the legislative services agency from the | |
780 | + | 16 amounts appropriated for that purpose. | |
781 | + | 17 (d) (e) A member of the commission who is a state employee but | |
782 | + | 18 who is not a member of the general assembly is not entitled to any of | |
783 | + | 19 the following: | |
784 | + | 20 (1) The minimum salary per diem provided by IC 4-10-11-2.1(b). | |
785 | + | 21 (2) Reimbursement for traveling expenses as provided under | |
786 | + | 22 IC 4-13-1-4. | |
787 | + | 23 (3) Other expenses actually incurred in connection with the | |
788 | + | 24 member's duties. | |
789 | + | 25 (e) (f) The commission shall meet at least four (4) times each year | |
790 | + | 26 and at other times as the chairman considers necessary. at the call of | |
791 | + | 27 the chairperson. | |
792 | + | 28 (f) (g) The duties of the commission shall include but not be limited | |
793 | + | 29 to the following: | |
794 | + | 30 (1) Identify minority business enterprises, women's business | |
795 | + | 31 enterprises, and veteran owned small businesses in the state. | |
796 | + | 32 (2) Assess the needs of minority business enterprises, women's | |
797 | + | 33 business enterprises, and veteran owned small businesses. | |
798 | + | 34 (3) Initiate aggressive programs to assist minority business | |
799 | + | 35 enterprises, women's business enterprises, and veteran owned | |
800 | + | 36 small businesses in obtaining state contracts. | |
801 | + | 37 (4) Give special publicity to procurement, bidding, and qualifying | |
802 | + | 38 procedures. | |
803 | + | 39 (5) Include minority business enterprises, women's business | |
804 | + | 40 enterprises, and veteran owned small businesses on solicitation | |
805 | + | 41 mailing lists. | |
806 | + | 42 (6) Evaluate the competitive differences between qualified | |
807 | + | EH 1026—LS 6162/DI 92 19 | |
808 | + | 1 minority or women's nonprofit corporations and other than | |
809 | + | 2 qualified minority or women's nonprofit corporations and veteran | |
810 | + | 3 owned small businesses that offer similar services and make | |
811 | + | 4 recommendation to the department on policy changes necessary | |
812 | + | 5 to ensure fair competition among minority business enterprises, | |
813 | + | 6 women's business enterprises, and veteran owned small | |
814 | + | 7 businesses. | |
815 | + | 8 (7) Define the duties, goals, and objectives of the deputy | |
816 | + | 9 commissioner of the department as created under this chapter to | |
817 | + | 10 assure compliance by all state agencies, separate bodies corporate | |
818 | + | 11 and politic, and state educational institutions with state and | |
819 | + | 12 federal legislation and policy concerning the awarding of | |
820 | + | 13 contracts (including, notwithstanding section 1(d) of this chapter | |
821 | + | 14 or any other law, contracts of state educational institutions) to | |
822 | + | 15 minority business enterprises, women's business enterprises, and | |
823 | + | 16 veteran owned small businesses. | |
824 | + | 17 (8) Establish annual goals: | |
825 | + | 18 (A) for the use of minority and women's business enterprises; | |
826 | + | 19 and | |
827 | + | 20 (B) derived from a statistical analysis of utilization study of | |
828 | + | 21 state contracts (including, notwithstanding section 1(d) of this | |
829 | + | 22 chapter or any other law, contracts of state educational | |
830 | + | 23 institutions) that are required to be updated every five (5) | |
831 | + | 24 years. | |
832 | + | 25 (9) Prepare a review of the commission and the various affected | |
833 | + | 26 departments of government to be submitted to the governor and | |
834 | + | 27 the legislative council on March 1 and October 1 of each year, | |
835 | + | 28 evaluating progress made in the areas defined in this subsection. | |
836 | + | 29 (10) Ensure that the statistical analysis required under this | |
837 | + | 30 section: | |
838 | + | 31 (A) is based on goals for participation of minority business | |
839 | + | 32 enterprises established in Richmond v. Croson, 488 U.S. 469 | |
840 | + | 33 (1989); | |
841 | + | 34 (B) includes information on both contracts and subcontracts | |
842 | + | 35 (including, notwithstanding section 1(d) of this chapter or any | |
843 | + | 36 other law, contracts and subcontracts of state educational | |
844 | + | 37 institutions); and | |
845 | + | 38 (C) uses data on the combined capacity of minority business | |
846 | + | 39 enterprises, women's business enterprises, and veteran owned | |
847 | + | 40 small businesses in Indiana and not just regional data. | |
848 | + | 41 (11) Establish annual goals for the use of minority business | |
849 | + | 42 enterprises, women's business enterprises, and veteran owned | |
850 | + | EH 1026—LS 6162/DI 92 20 | |
851 | + | 1 small businesses for any contract that: | |
852 | + | 2 (A) will be paid for in whole or in part with state grant funds; | |
853 | + | 3 and | |
854 | + | 4 (B) involves the use of real property of a unit (as defined in | |
855 | + | 5 IC 4-4-32.2-9). | |
856 | + | 6 (12) Ensure compliance with the establishment and evaluation of | |
857 | + | 7 the annual goal for veteran owned small businesses established in | |
858 | + | 8 section 3.5 of this chapter. | |
859 | + | 9 (g) (h) The department shall direct contractors to demonstrate a | |
860 | + | 10 good faith effort to meet the annual participation goals established | |
861 | + | 11 under subsection (f)(11). (g)(11). The good faith effort shall be | |
862 | + | 12 demonstrated by contractors using the repository of certified firms | |
863 | + | 13 created under section 3 of this chapter or a similar repository | |
864 | + | 14 maintained by a unit (as defined in IC 4-4-32.2-9). | |
865 | + | 15 (h) (i) The department shall adopt rules of ethics under IC 4-22-2 for | |
866 | + | 16 commission members other than commission members appointed | |
867 | + | 17 under subsection (a)(6) or (a)(7). | |
868 | + | 18 (i) (j) The department of administration shall furnish | |
869 | + | 19 administrative support and staff as is necessary for the effective | |
870 | + | 20 operation of the commission. | |
871 | + | 21 (j) (k) The commission shall advise the department on developing | |
872 | + | 22 a statement, to be included in all applications for and agreements | |
873 | + | 23 governing grants made with state funds, stating the importance of the | |
874 | + | 24 use of minority business enterprises, women's business enterprises, and | |
875 | + | 25 veteran owned small businesses in fulfilling the purposes of the grant. | |
876 | + | 26 SECTION 33. IC 4-13-16.5-3, AS AMENDED BY P.L.15-2020, | |
877 | + | 27 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
878 | + | 28 UPON PASSAGE]: Sec. 3. (a) There is created in the department a | |
879 | + | 29 deputy commissioner for supplier diversity development. Upon | |
880 | + | 30 consultation with the commission, the commissioner of the department, | |
881 | + | 31 with the approval of the governor, shall appoint an individual who | |
882 | + | 32 possesses demonstrated capability in business or industry, especially | |
883 | + | 33 in minority business enterprises, women's business enterprises, or | |
884 | + | 34 veteran owned small businesses, to serve as deputy commissioner to | |
885 | + | 35 work with the commission in the implementation of this chapter. | |
886 | + | 36 (b) The deputy commissioner shall do the following: | |
887 | + | 37 (1) Identify and certify minority business enterprises, women's | |
888 | + | 38 business enterprises, and veteran owned small businesses for state | |
889 | + | 39 projects. | |
890 | + | 40 (2) Establish a central certification file. | |
891 | + | 41 (3) Periodically update the certification status of each minority | |
892 | + | 42 business enterprise, women's business enterprise, or veteran | |
893 | + | EH 1026—LS 6162/DI 92 21 | |
894 | + | 1 owned small business. | |
895 | + | 2 (4) Monitor the progress in achieving the goals established under | |
896 | + | 3 section 2(f)(8) 2(g)(8) and 2(f)(11) 2(g)(11) of this chapter. | |
897 | + | 4 (5) Require all state agencies, separate bodies corporate and | |
898 | + | 5 politic, and state educational institutions to report on planned and | |
899 | + | 6 actual participation of minority business enterprises, women's | |
900 | + | 7 business enterprises, and veteran owned small businesses in | |
901 | + | 8 contracts awarded by state agencies. The commissioner may | |
902 | + | 9 exclude from the reports uncertified minority business enterprises, | |
903 | + | 10 women's business enterprises, and veteran owned small | |
904 | + | 11 businesses. | |
905 | + | 12 (6) Determine and define opportunities for minority, women's, | |
906 | + | 13 and veteran owned business participation in contracts awarded by | |
907 | + | 14 all state agencies, separate bodies corporate and politic, and state | |
908 | + | 15 educational institutions. | |
909 | + | 16 (7) Implement programs initiated by the commission under | |
910 | + | 17 section 2 of this chapter. | |
911 | + | 18 (8) Perform other duties as defined by the commission or by the | |
912 | + | 19 commissioner. | |
913 | + | 20 SECTION 34. IC 4-13-16.5-4, AS AMENDED BY P.L.3-2008, | |
914 | + | 21 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
915 | + | 22 UPON PASSAGE]: Sec. 4. (a) Before January 1 of even-numbered | |
916 | + | 23 years, the department shall determine whether, during the most recently | |
917 | + | 24 completed two (2) year period ending the previous July 1, the goals set | |
918 | + | 25 under section 2(f)(8) 2(g)(8) of this chapter have been met. | |
919 | + | 26 (b) The department shall adopt rules under IC 4-22-2 to ensure that | |
920 | + | 27 the goals set under section 2(f)(8) 2(g)(8) of this chapter are met. | |
921 | + | 28 Expenditures with business enterprises that qualify as both a minority | |
922 | + | 29 business enterprise and a women's business enterprise may be counted | |
923 | + | 30 toward the attainment of the goal for either: | |
924 | + | 31 (1) minority business enterprises; or | |
925 | + | 32 (2) women's business enterprises; | |
926 | + | 33 at the election made by the procurer of goods, services, or goods and | |
927 | + | 34 services, but not both. | |
928 | + | 35 SECTION 35. IC 4-22-2-42 IS AMENDED TO READ AS | |
929 | + | 36 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 42. The publisher, | |
930 | + | 37 with the assistance of the code revision commission, committee, shall | |
931 | + | 38 establish a format, a numbering system, standards, and techniques for | |
932 | + | 39 agencies to use whenever they draft and prepare rules under this | |
933 | + | 40 chapter. | |
934 | + | 41 SECTION 36. IC 4-22-8-11 IS AMENDED TO READ AS | |
935 | + | 42 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 11. The code | |
936 | + | EH 1026—LS 6162/DI 92 22 | |
937 | + | 1 revision commission committee shall assist the publisher with the | |
938 | + | 2 publication of the Indiana Register and with the compilation, | |
939 | + | 3 computerization, indexing, and printing of the Indiana Administrative | |
940 | + | 4 Code. | |
941 | + | 5 SECTION 37. IC 4-22-8-12 IS AMENDED TO READ AS | |
942 | + | 6 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 12. Failure of an | |
943 | + | 7 agency, the publisher, or the code revision commission committee to | |
944 | + | 8 comply with this chapter does not invalidate a rule or other agency | |
945 | + | 9 statement. | |
946 | + | 10 SECTION 38. IC 4-23-5.5-2, AS AMENDED BY P.L.200-2017, | |
947 | + | 11 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
948 | + | 12 UPON PASSAGE]: Sec. 2. (a) The Indiana recycling market | |
949 | + | 13 development board is created and constitutes a public instrumentality | |
950 | + | 14 of the state. The exercise by the board of the powers conferred by this | |
951 | + | 15 chapter is an essential governmental function. | |
952 | + | 16 (b) The board consists of nine (9) members, one (1) of whom shall | |
953 | + | 17 be the lieutenant governor or the lieutenant governor's designee and | |
954 | + | 18 eight (8) of whom shall be appointed by the governor for four (4) year | |
955 | + | 19 terms. The governor's appointees shall be chosen from among | |
956 | + | 20 representatives of: | |
957 | + | 21 (1) the waste management industry; | |
958 | + | 22 (2) the recycling industry; | |
959 | + | 23 (3) Indiana universities and colleges with expertise in recycling | |
960 | + | 24 research and development; | |
961 | + | 25 (4) industrial and commercial consumers of recycled feedstock; | |
962 | + | 26 (5) environmental groups; and | |
963 | + | 27 (6) private citizens with a special interest in recycling. | |
964 | + | 28 No more than four (4) appointed members shall be of the same political | |
965 | + | 29 party. | |
966 | + | 30 (c) A vacancy in the office of an appointed member, other than by | |
967 | + | 31 expiration, shall be filled in like manner as the original appointment for | |
968 | + | 32 the remainder of the term of that retiring member. Appointed members | |
969 | + | 33 may be removed by the governor for cause. | |
970 | + | 34 (d) The board shall have seven (7) ex officio advisory members as | |
971 | + | 35 follows: | |
972 | + | 36 (1) The governor. | |
973 | + | 37 (2) The director of the department of natural resources. | |
974 | + | 38 (3) The commissioner of the department of environmental | |
975 | + | 39 management. | |
976 | + | 40 (4) Two (2) members from the house of representatives of | |
977 | + | 41 opposite political parties appointed by the speaker of the house of | |
978 | + | 42 representatives for two (2) year terms that expire June 30 of | |
979 | + | EH 1026—LS 6162/DI 92 23 | |
980 | + | 1 each odd-numbered year. | |
981 | + | 2 (5) Two (2) members from the senate of opposite political parties | |
982 | + | 3 appointed by the president pro tempore of the senate for two (2) | |
983 | + | 4 year terms that expire June 30 of each odd-numbered year. | |
984 | + | 5 (e) The division shall serve as the staff of the board. | |
985 | + | 6 (f) An ex officio advisory member identified in subsection (d) may, | |
986 | + | 7 in writing, designate a representative to serve in an advisory capacity | |
987 | + | 8 when the ex officio member is unable to attend a board meeting. | |
988 | + | 9 (g) The terms of the members of the board appointed by the | |
989 | + | 10 governor under subsection (b) expire as follows: | |
990 | + | 11 (1) For four (4) of the members, as determined by the | |
991 | + | 12 governor, December 31, 2025, and every fourth year | |
992 | + | 13 thereafter. | |
993 | + | 14 (2) For four (4) of the members, as determined by the | |
994 | + | 15 governor, December 31, 2027, and every fourth year | |
995 | + | 16 thereafter. | |
996 | + | 17 SECTION 39. IC 4-23-5.5-2.5 IS ADDED TO THE INDIANA | |
997 | + | 18 CODE AS A NEW SECTION TO READ AS FOLLOWS | |
998 | + | 19 [EFFECTIVE UPON PASSAGE]: Sec. 2.5. (a) Each member of the | |
999 | + | 20 board who is not a state employee is entitled to the minimum salary | |
1000 | + | 21 per diem provided by IC 4-10-11-2.1(b). The member is also | |
1001 | + | 22 entitled to reimbursement for mileage, traveling expenses as | |
1002 | + | 23 provided under IC 4-13-1-4, and other expenses actually incurred | |
1003 | + | 24 in connection with the member's duties as provided in the state | |
1004 | + | 25 policies and procedures established by the Indiana department of | |
1005 | + | 26 administration and approved by the budget agency. | |
1006 | + | 27 (b) Each member of the board who is a state employee is entitled | |
1007 | + | 28 to reimbursement for traveling expenses as provided under | |
1008 | + | 29 IC 4-13-1-4 and other expenses actually incurred in connection | |
1009 | + | 30 with the member's duties as provided in the state policies and | |
1010 | + | 31 procedures established by the Indiana department of | |
1011 | + | 32 administration and approved by the budget agency. | |
1012 | + | 33 (c) Each member of the board who is a member of the general | |
1013 | + | 34 assembly is entitled to receive the same per diem, mileage, and | |
1014 | + | 35 travel allowances paid to members of the general assembly serving | |
1015 | + | 36 on interim study committees established by the legislative council. | |
1016 | + | 37 Per diem, mileage, and travel allowances paid under this | |
1017 | + | 38 subsection shall be paid from appropriations made to the | |
1018 | + | 39 legislative council or the legislative services agency. | |
1019 | + | 40 (d) Expenses paid under subsections (a) and (b) shall be paid | |
1020 | + | 41 from appropriations made to the department of environmental | |
1021 | + | 42 management. | |
1022 | + | EH 1026—LS 6162/DI 92 24 | |
1023 | + | 1 SECTION 40. IC 4-23-5.5-3, AS AMENDED BY P.L.204-2007, | |
1024 | + | 2 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
1025 | + | 3 UPON PASSAGE]: Sec. 3. (a) The governor shall appoint one (1) of | |
1026 | + | 4 the appointed members as chairman. chairperson. Five (5) members | |
1027 | + | 5 of the board shall constitute a quorum and the affirmative vote of a | |
1028 | + | 6 majority of the membership shall be necessary for any action taken by | |
1029 | + | 7 the board. A vacancy in the membership of the board does not impair | |
1030 | + | 8 the right of the quorum to act. | |
1031 | + | 9 (b) All the members of the board shall be reimbursed for their actual | |
1032 | + | 10 expenses incurred in the performance of their duties. The appointed | |
1033 | + | 11 members may also receive a per diem allowance as determined by the | |
1034 | + | 12 budget agency for attendance of board meetings and activities. All | |
1035 | + | 13 reimbursement for expenses shall be as provided by law. | |
1036 | + | 14 SECTION 41. IC 4-23-5.5-6, AS AMENDED BY P.L.130-2018, | |
1037 | + | 15 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
1038 | + | 16 UPON PASSAGE]: Sec. 6. (a) The board shall do the following: | |
1039 | + | 17 (1) Adopt procedures for the regulation of its affairs and the | |
1040 | + | 18 conduct of its business. | |
1041 | + | 19 (2) Meet at the offices of the division on call of | |
1042 | + | 20 (A) the lieutenant governor or the lieutenant governor's | |
1043 | + | 21 designee; or | |
1044 | + | 22 (B) the commissioner of the department of environmental | |
1045 | + | 23 management or the commissioner's designee; | |
1046 | + | 24 the chairperson at least once each calendar quarter. The | |
1047 | + | 25 meetings shall be upon ten (10) days written notification, shall be | |
1048 | + | 26 open to the public, and shall have official minutes recorded for | |
1049 | + | 27 public scrutiny. | |
1050 | + | 28 (3) Report annually in an electronic format under IC 5-14-6 to the | |
1051 | + | 29 legislative council concerning: | |
1052 | + | 30 (A) the projects in which it has participated and is currently | |
1053 | + | 31 participating with a complete list of expenditures for those | |
1054 | + | 32 projects; and | |
1055 | + | 33 (B) the information obtained through the recycling activity | |
1056 | + | 34 reports submitted to the commissioner of the department of | |
1057 | + | 35 environmental management under IC 13-20-25 concerning the | |
1058 | + | 36 calendar year most recently ended. | |
1059 | + | 37 (4) Annually prepare an administrative budget for review by the | |
1060 | + | 38 budget agency and the budget committee. | |
1061 | + | 39 (5) Keep proper records of accounts and make an annual report of | |
1062 | + | 40 its condition to the state board of accounts. | |
1063 | + | 41 (6) Receive petitions and make determinations under | |
1064 | + | 42 IC 13-20.5-2-2. | |
1065 | + | EH 1026—LS 6162/DI 92 25 | |
1066 | + | 1 (b) The board shall consider projects involving the creation of the | |
1067 | + | 2 following: | |
1068 | + | 3 (1) Markets for products made from recycled materials. | |
1069 | + | 4 (2) New products made from recycled materials. | |
1070 | + | 5 (c) The board may promote, fund, and encourage programs | |
1071 | + | 6 facilitating the development and implementation of waste reduction, | |
1072 | + | 7 reuse, and recycling in Indiana. | |
1073 | + | 8 SECTION 42. IC 4-23-24.1-3, AS AMENDED BY P.L.199-2007, | |
1074 | + | 9 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
1075 | + | 10 UPON PASSAGE]: Sec. 3. (a) The commission consists of thirteen | |
1076 | + | 11 (13) members, appointed as follows: | |
1077 | + | 12 (1) Nine (9) members who are Indiana residents appointed by the | |
1078 | + | 13 governor. Each Indiana congressional district must be represented | |
1079 | + | 14 by at least one (1) individual appointed under this subdivision | |
1080 | + | 15 who is a resident of that congressional district. Not more than five | |
1081 | + | 16 (5) members appointed under this subdivision may be members | |
1082 | + | 17 of the same political party. | |
1083 | + | 18 (2) Four (4) members of the general assembly who are appointed | |
1084 | + | 19 under section 5 of this chapter. | |
1085 | + | 20 (b) Members of the commission serve at the pleasure of the | |
1086 | + | 21 appointing authority. | |
1087 | + | 22 SECTION 43. IC 4-23-24.1-4 IS AMENDED TO READ AS | |
1088 | + | 23 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. (a) The governor | |
1089 | + | 24 shall annually designate one (1) of the members appointed under | |
1090 | + | 25 section 3(1) of this chapter as chairman chairperson of the | |
1091 | + | 26 commission. | |
1092 | + | 27 (b) Members of the commission appointed under subsection 3(1) of | |
1093 | + | 28 this chapter serve a four (4) year term. Each term expires as follows: | |
1094 | + | 29 (1) For a member appointed from an odd-numbered | |
1095 | + | 30 congressional district, December 31, 2025, and each fourth | |
1096 | + | 31 year thereafter. | |
1097 | + | 32 (2) For a member appointed from an even-numbered | |
1098 | + | 33 congressional district, December 31, 2027, and each fourth | |
1099 | + | 34 year thereafter. | |
1100 | + | 35 (c) A member appointed under section 3(1) of this chapter may | |
1101 | + | 36 be reappointed for successive terms. | |
1102 | + | 37 (d) The governor shall fill a vacancy among the members | |
1103 | + | 38 appointed under section 3(1) of this chapter. A member appointed | |
1104 | + | 39 under this subsection serves until the end of the unexpired term of | |
1105 | + | 40 the vacating member of the commission. | |
1106 | + | 41 SECTION 44. IC 4-23-24.1-5 IS AMENDED TO READ AS | |
1107 | + | 42 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5. (a) Four (4) | |
1108 | + | EH 1026—LS 6162/DI 92 26 | |
1109 | + | 1 members of the general assembly shall be appointed as members of the | |
1110 | + | 2 commission as follows: | |
1111 | + | 3 (1) The speaker of the house of representatives shall appoint two | |
1112 | + | 4 (2) members of the house of representatives, both of whom may | |
1113 | + | 5 not be members of the same political party. | |
1114 | + | 6 (2) The president pro tempore of the senate shall appoint two (2) | |
1115 | + | 7 members of the senate, both of whom may not be members of the | |
1116 | + | 8 same political party. | |
1117 | + | 9 (b) A member of the commission appointed under subsection (a) | |
1118 | + | 10 serves until the member's current term of office as a member of the | |
1119 | + | 11 general assembly expires. a two (2) year term that expires June 30 | |
1120 | + | 12 of an odd-numbered year. | |
1121 | + | 13 (c) A vacancy under subsection (a) shall be filled by the officer who | |
1122 | + | 14 appointed the vacating legislator. A legislative member appointed | |
1123 | + | 15 under this subsection serves until the end of the unexpired term of the | |
1124 | + | 16 vacating legislator. | |
1125 | + | 17 (d) A member of the commission appointed under this section may | |
1126 | + | 18 be reappointed. | |
1127 | + | 19 SECTION 45. IC 4-23-24.1-5.5 IS ADDED TO THE INDIANA | |
1128 | + | 20 CODE AS A NEW SECTION TO READ AS FOLLOWS | |
1129 | + | 21 [EFFECTIVE UPON PASSAGE]: Sec. 5.5. The commission shall | |
1130 | + | 22 meet at the call of the chairperson as necessary to fulfill its duties | |
1131 | + | 23 under this chapter. | |
1132 | + | 24 SECTION 46. IC 4-23-24.1-7, AS AMENDED BY P.L.1-2006, | |
1133 | + | 25 SECTION 83, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
1134 | + | 26 UPON PASSAGE]: Sec. 7. (a) Each member of the commission who | |
1135 | + | 27 is not a state employee is entitled to the minimum salary per diem | |
1136 | + | 28 provided by IC 4-10-11-2.1(b). The member is also entitled to | |
1137 | + | 29 reimbursement for mileage, traveling expenses as provided under | |
1138 | + | 30 IC 4-13-1-4, and other expenses actually incurred in connection with | |
1139 | + | 31 the member's duties as provided in the state policies and procedures | |
1140 | + | 32 established by the Indiana department of administration and approved | |
1141 | + | 33 by the budget agency. Expenses incurred under this subsection and | |
1142 | + | 34 subsection (b) shall be paid out of the funds appropriated to the | |
1143 | + | 35 lieutenant governor or the civil rights commission. | |
1144 | + | 36 (b) Each member of the commission who is a state employee but | |
1145 | + | 37 who is not a member of the general assembly is entitled to | |
1146 | + | 38 reimbursement for traveling expenses as provided under IC 4-13-1-4 | |
1147 | + | 39 and other expenses actually incurred in connection with the member's | |
1148 | + | 40 duties as provided in the state policies and procedures established by | |
1149 | + | 41 the Indiana department of administration and approved by the budget | |
1150 | + | 42 agency. | |
1151 | + | EH 1026—LS 6162/DI 92 27 | |
1152 | + | 1 (c) Each member of the commission who is a member of the general | |
1153 | + | 2 assembly is entitled to receive the same per diem, mileage, and travel | |
1154 | + | 3 allowances paid to members of the general assembly serving on interim | |
1155 | + | 4 study committees established by the legislative council. Per diem, | |
1156 | + | 5 mileage, and travel allowances paid under this subsection shall be | |
1157 | + | 6 paid from appropriations made to the legislative council or the | |
1158 | + | 7 legislative services agency. | |
1159 | + | 8 SECTION 47. IC 4-23-25-3 IS AMENDED TO READ AS | |
1160 | + | 9 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. (a) The Indiana | |
1161 | + | 10 commission for women is established. | |
1162 | + | 11 (b) The commission consists of the following members: | |
1163 | + | 12 (1) Six (6) members appointed by the governor. Not more than | |
1164 | + | 13 three (3) of the members appointed under this subdivision may be | |
1165 | + | 14 members of the same political party. At least four (4) of the | |
1166 | + | 15 members appointed under this subdivision must be women. | |
1167 | + | 16 (2) Two (2) members appointed by the president pro tempore of | |
1168 | + | 17 the senate who are not members of the general assembly. | |
1169 | + | 18 Members appointed under this subdivision may not be members | |
1170 | + | 19 of the same political party. At least one (1) of the members | |
1171 | + | 20 appointed under this subdivision must be a woman. | |
1172 | + | 21 (3) Two (2) members appointed by the speaker of the house of | |
1173 | + | 22 representatives who are not members of the general assembly. | |
1174 | + | 23 Members appointed under this subdivision may not be members | |
1175 | + | 24 of the same political party. At least one (1) of the members | |
1176 | + | 25 appointed under this subdivision must be a woman. | |
1177 | + | 26 (4) Two (2) senators appointed in the same manner as members | |
1178 | + | 27 of senate standing committees are appointed. The appointed | |
1179 | + | 28 senators may not be members of the same political party. At least | |
1180 | + | 29 one (1) of the members appointed under this subdivision must be | |
1181 | + | 30 a woman. | |
1182 | + | 31 (5) Two (2) members of the house of representatives appointed in | |
1183 | + | 32 the same manner as members of standing committees of the house | |
1184 | + | 33 of representatives are appointed. The appointed representatives | |
1185 | + | 34 may not be members of the same political party. At least one (1) | |
1186 | + | 35 of the members appointed under this subdivision must be a | |
1187 | + | 36 woman. | |
1188 | + | 37 (6) The governor or the governor's designee serves as an ex | |
1189 | + | 38 officio member of the commission. | |
1190 | + | 39 (c) A member appointed to the commission under subsection (b)(1) | |
1191 | + | 40 serves a term of four (4) years or until a successor is appointed. that | |
1192 | + | 41 expires June 30, 2025, and each fourth year thereafter. | |
1193 | + | 42 (d) A member appointed to the commission under subsection (b)(2) | |
1194 | + | EH 1026—LS 6162/DI 92 28 | |
1195 | + | 1 or (b)(3) through (b)(5) serves a term of three (3) years or until a | |
1196 | + | 2 successor is appointed. two (2) year term that expires June 30 of an | |
1197 | + | 3 odd-numbered year. | |
1198 | + | 4 (e) A member appointed to the commission under subsection (b)(4) | |
1199 | + | 5 or (b)(5) serves the remainder of the member's term in office. | |
1200 | + | 6 (f) (e) The governor or the governor's designee serves while the | |
1201 | + | 7 governor remains in office. | |
1202 | + | 8 (g) (f) Notwithstanding subsections (c) through (d), if a member's | |
1203 | + | 9 term expires before a successor is appointed, the member's term is | |
1204 | + | 10 extended until a successor is appointed. | |
1205 | + | 11 (h) (g) Not more than four (4) members who are not members of the | |
1206 | + | 12 general assembly may be employees of state agencies. | |
1207 | + | 13 (i) (h) Commission membership must reflect a diversity of | |
1208 | + | 14 experience, skills, and backgrounds. | |
1209 | + | 15 (j) (i) A member's term may be renewed unless the member is: | |
1210 | + | 16 (1) a member of the general assembly who no longer serves in the | |
1211 | + | 17 general assembly; or | |
1212 | + | 18 (2) the governor or the governor's designee, and the governor is | |
1213 | + | 19 no longer in office. | |
1214 | + | 20 (k) (j) A member of the commission may be removed for cause. | |
1215 | + | 21 SECTION 48. IC 4-23-25-3.5 IS ADDED TO THE INDIANA | |
1216 | + | 22 CODE AS A NEW SECTION TO READ AS FOLLOWS | |
1217 | + | 23 [EFFECTIVE UPON PASSAGE]: Sec. 3.5. (a) Each member of the | |
1218 | + | 24 commission who is not a state employee is entitled to the minimum | |
1219 | + | 25 salary per diem provided by IC 4-10-11-2.1(b). The member is also | |
1220 | + | 26 entitled to reimbursement for mileage, traveling expenses as | |
1221 | + | 27 provided under IC 4-13-1-4, and other expenses actually incurred | |
1222 | + | 28 in connection with the member's duties as provided in the state | |
1223 | + | 29 policies and procedures established by the Indiana department of | |
1224 | + | 30 administration and approved by the budget agency. | |
1225 | + | 31 (b) Each member of the commission who is a state employee is | |
1226 | + | 32 entitled to reimbursement for traveling expenses as provided under | |
1227 | + | 33 IC 4-13-1-4 and other expenses actually incurred in connection | |
1228 | + | 34 with the member's duties as provided in the state policies and | |
1229 | + | 35 procedures established by the Indiana department of | |
1230 | + | 36 administration and approved by the budget agency. | |
1231 | + | 37 (c) Each member of the commission who is a member of the | |
1232 | + | 38 general assembly is entitled to receive the same per diem, mileage, | |
1233 | + | 39 and travel allowances paid to members of the general assembly | |
1234 | + | 40 serving on interim study committees established by the legislative | |
1235 | + | 41 council. Per diem, mileage, and travel allowances paid under this | |
1236 | + | 42 subsection shall be paid from appropriations made to the | |
1237 | + | EH 1026—LS 6162/DI 92 29 | |
1238 | + | 1 legislative council or the legislative services agency. | |
1239 | + | 2 (d) Expenses paid under subsections (a) and (b) shall be paid | |
1240 | + | 3 from appropriations made to the civil rights commission. | |
1241 | + | 4 SECTION 49. IC 4-23-28-4, AS AMENDED BY P.L.56-2023, | |
1242 | + | 5 SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
1243 | + | 6 UPON PASSAGE]: Sec. 4. (a) The commission consists of twenty (20) | |
1244 | + | 7 members appointed as follows: | |
1245 | + | 8 (1) Two (2) members of the senate who may not be affiliated with | |
1246 | + | 9 the same political party, to be appointed by the president pro | |
1247 | + | 10 tempore of the senate. | |
1248 | + | 11 (2) Two (2) members of the house of representatives who may not | |
1249 | + | 12 be affiliated with the same political party, to be appointed by the | |
1250 | + | 13 speaker of the house of representatives. | |
1251 | + | 14 (3) Four (4) members of the Hispanic/Latino community who are | |
1252 | + | 15 not members of the general assembly, to be appointed by the | |
1253 | + | 16 president pro tempore of the senate. | |
1254 | + | 17 (4) Four (4) members of the Hispanic/Latino community who are | |
1255 | + | 18 not members of the general assembly, to be appointed by the | |
1256 | + | 19 speaker of the house of representatives. | |
1257 | + | 20 (5) The secretary of family and social services or a designee of the | |
1258 | + | 21 secretary who is a Hispanic or Latino employee of the office of | |
1259 | + | 22 the secretary of family and social services. | |
1260 | + | 23 (6) The commissioner of the Indiana department of health or a | |
1261 | + | 24 designee of the commissioner who is a Hispanic or Latino | |
1262 | + | 25 employee of the Indiana department of health. | |
1263 | + | 26 (7) The secretary of education or a designee of the secretary who | |
1264 | + | 27 is a Hispanic or Latino employee of the department of education. | |
1265 | + | 28 (8) The commissioner of the department of correction or a | |
1266 | + | 29 designee of the commissioner who is a Hispanic or Latino | |
1267 | + | 30 employee of the department of correction. | |
1268 | + | 31 (9) The director of the civil rights commission or a designee of the | |
1269 | + | 32 director who is a Hispanic or Latino employee of the civil rights | |
1270 | + | 33 commission. | |
1271 | + | 34 (10) The lieutenant governor or a designee of the lieutenant | |
1272 | + | 35 governor who is a Hispanic or Latino employee of the lieutenant | |
1273 | + | 36 governor. | |
1274 | + | 37 (11) A Hispanic or Latino business person, appointed by the | |
1275 | + | 38 governor. | |
1276 | + | 39 (12) The commissioner of workforce development or a designee | |
1277 | + | 40 of the commissioner who is a Hispanic or Latino employee of the | |
1278 | + | 41 department of workforce development, who shall serve as an ex | |
1279 | + | 42 officio member of the commission. | |
1280 | + | EH 1026—LS 6162/DI 92 30 | |
1281 | + | 1 In making their appointments under this section, the president pro | |
1282 | + | 2 tempore of the senate and the speaker of the house of representatives | |
1283 | + | 3 shall attempt to have the greatest possible number of counties | |
1284 | + | 4 represented on the commission. | |
1285 | + | 5 (b) If a legislative member of the commission ceases to be a | |
1286 | + | 6 member of the chamber from which the member was appointed, the | |
1287 | + | 7 member also ceases to be a member of the commission. | |
1288 | + | 8 (c) A member of the commission may be removed at any time by the | |
1289 | + | 9 appointing authority who appointed the member. | |
1290 | + | 10 (d) If a vacancy on the commission occurs, the appointing authority | |
1291 | + | 11 who appointed the former member whose position has become vacant | |
1292 | + | 12 shall appoint an individual to fill the vacancy. An individual | |
1293 | + | 13 appointed to fill a vacancy serves on the commission for the | |
1294 | + | 14 remainder of the unexpired term of the individual's predecessor. | |
1295 | + | 15 SECTION 50. IC 4-23-28-4.5 IS ADDED TO THE INDIANA | |
1296 | + | 16 CODE AS A NEW SECTION TO READ AS FOLLOWS | |
1297 | + | 17 [EFFECTIVE UPON PASSAGE]: Sec. 4.5. (a) A member of the | |
1298 | + | 18 commission may be reappointed for successive terms. | |
1299 | + | 19 (b) A member of the general assembly appointed to the | |
1300 | + | 20 commission under section 4 of this chapter serves a two (2) year | |
1301 | + | 21 term that expires June 30 of an odd-numbered year. | |
1302 | + | 22 (c) A member appointed to the commission under section 4(a)(3) | |
1303 | + | 23 of this chapter serves a four (4) year term that expires December | |
1304 | + | 24 31, 2025, and each fourth year thereafter. | |
1305 | + | 25 (d) A member appointed to the commission under section 4(a)(4) | |
1306 | + | 26 or 4(a)(11) of this chapter serves a four (4) year term that expires | |
1307 | + | 27 December 31, 2027, and each fourth year thereafter. | |
1308 | + | 28 SECTION 51. IC 4-23-28-9 IS AMENDED TO READ AS | |
1309 | + | 29 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 9. (a) Each member | |
1310 | + | 30 of the commission who is not a state employee is entitled to the | |
1311 | + | 31 minimum salary per diem provided by IC 4-10-11-2.1(b). The member | |
1312 | + | 32 is also entitled to reimbursement for mileage, traveling expenses as | |
1313 | + | 33 provided under IC 4-13-1-4, and other expenses actually incurred in | |
1314 | + | 34 connection with the member's duties as provided in the state policies | |
1315 | + | 35 and procedures established by the Indiana department of administration | |
1316 | + | 36 and approved by the budget agency. The civil rights commission shall | |
1317 | + | 37 pay expenses incurred under this subsection from amounts | |
1318 | + | 38 appropriated for the operating expenses of the civil rights | |
1319 | + | 39 commission. | |
1320 | + | 40 (b) Each member of the commission who is a state employee but | |
1321 | + | 41 who is not a member of the general assembly is entitled to | |
1322 | + | 42 reimbursement for traveling expenses as provided under IC 4-13-1-4 | |
1323 | + | EH 1026—LS 6162/DI 92 31 | |
1324 | + | 1 and other expenses actually incurred in connection with the member's | |
1325 | + | 2 duties as provided in the state policies and procedures established by | |
1326 | + | 3 the Indiana department of administration and approved by the budget | |
1327 | + | 4 agency. The civil rights commission shall pay expenses incurred | |
1328 | + | 5 under this subsection from amounts appropriated for the operating | |
1329 | + | 6 expenses of the civil rights commission. | |
1330 | + | 7 (c) Each member of the commission who is a member of the general | |
1331 | + | 8 assembly is entitled to receive the same per diem, mileage, and travel | |
1332 | + | 9 allowances paid to legislative members of interim study committees | |
1333 | + | 10 established by the legislative council. Per diem, mileage, and travel | |
1334 | + | 11 allowances paid under this subsection shall be paid from appropriations | |
1335 | + | 12 made to the legislative council or the legislative services agency. | |
1336 | + | 13 SECTION 52. IC 4-23-31-4, AS ADDED BY P.L.133-2012, | |
1337 | + | 14 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
1338 | + | 15 UPON PASSAGE]: Sec. 4. (a) A member of the commission may be | |
1339 | + | 16 removed at any time by the member's appointing authority. | |
1340 | + | 17 (b) The appointing authority shall fill a vacancy on the commission | |
1341 | + | 18 by appointing a new member for the unexpired term. | |
1342 | + | 19 (c) The terms of the legislative members are two (2) years in | |
1343 | + | 20 length and expire at the election of the general assembly following the | |
1344 | + | 21 appointments. June 30 of each odd-numbered year. | |
1345 | + | 22 (d) A member of the commission appointed under section 3(11) | |
1346 | + | 23 through 3(13) of this chapter serves a four (4) year term that | |
1347 | + | 24 expires as follows: | |
1348 | + | 25 (1) For a member appointed under section 3(11) of this | |
1349 | + | 26 chapter, December 31, 2025, and every fourth year thereafter. | |
1350 | + | 27 (2) For a member appointed under section 3(12) or 3(13) of | |
1351 | + | 28 this chapter, June 30, 2025, and every fourth year thereafter. | |
1352 | + | 29 SECTION 53. IC 4-23-31-11, AS ADDED BY P.L.133-2012, | |
1353 | + | 30 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
1354 | + | 31 UPON PASSAGE]: Sec. 11. (a) Each member of the commission who | |
1355 | + | 32 is not a state employee is entitled to the minimum salary per diem | |
1356 | + | 33 provided by IC 4-10-11-2.1(b). The member is also entitled to | |
1357 | + | 34 reimbursement for mileage, traveling expenses as provided under | |
1358 | + | 35 IC 4-13-1-4, and other expenses actually incurred in connection with | |
1359 | + | 36 the member's duties as provided in the state policies and procedures | |
1360 | + | 37 established by the Indiana department of administration and approved | |
1361 | + | 38 by the budget agency. | |
1362 | + | 39 (b) Each member of the commission who is a state employee is | |
1363 | + | 40 entitled to reimbursement for traveling expenses as provided under | |
1364 | + | 41 IC 4-13-1-4 and other expenses actually incurred in connection with | |
1365 | + | 42 the member's duties as provided in the state policies and procedures | |
1366 | + | EH 1026—LS 6162/DI 92 32 | |
1367 | + | 1 established by the Indiana department of administration and approved | |
1368 | + | 2 by the budget agency. | |
1369 | + | 3 (c) Each member of the commission who is a member of the general | |
1370 | + | 4 assembly is entitled to receive the same per diem, mileage, and travel | |
1371 | + | 5 allowances paid to members of the general assembly serving on interim | |
1372 | + | 6 study committees created by the legislative council. Per diem, | |
1373 | + | 7 mileage, and travel allowances paid under this subsection shall be | |
1374 | + | 8 paid from appropriations made to the legislative council or the | |
1375 | + | 9 legislative services agency. | |
1376 | + | 10 (d) Expenses paid under subsections (a) and (b) shall be paid | |
1377 | + | 11 from appropriations made to the civil rights commission. | |
1378 | + | 12 SECTION 54. IC 4-23-32-4, AS AMENDED BY P.L.56-2023, | |
1379 | + | 13 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
1380 | + | 14 UPON PASSAGE]: Sec. 4. (a) The commission consists of fifteen (15) | |
1381 | + | 15 voting members and four (4) nonvoting members. The voting members | |
1382 | + | 16 of the commission consist of the following: | |
1383 | + | 17 (1) Eight (8) Native American Indians, each from a different | |
1384 | + | 18 geographic region of Indiana. | |
1385 | + | 19 (2) The commissioner of the department of correction or the | |
1386 | + | 20 commissioner's designee. | |
1387 | + | 21 (3) The director of the department of child services or the | |
1388 | + | 22 director's designee. | |
1389 | + | 23 (4) The commissioner of the Indiana department of health or the | |
1390 | + | 24 commissioner's designee. | |
1391 | + | 25 (5) The secretary of family and social services or the secretary's | |
1392 | + | 26 designee. | |
1393 | + | 27 (6) The director of the department of natural resources or the | |
1394 | + | 28 director's designee. | |
1395 | + | 29 (7) The secretary of education or the secretary's designee. | |
1396 | + | 30 (8) The commissioner of the department of workforce | |
1397 | + | 31 development or the commissioner's designee. | |
1398 | + | 32 (b) The nonvoting members of the commission consist of the | |
1399 | + | 33 following: | |
1400 | + | 34 (1) One (1) member of the house of representatives appointed by | |
1401 | + | 35 the speaker of the house of representatives. | |
1402 | + | 36 (2) One (1) member of the senate appointed by the president pro | |
1403 | + | 37 tempore of the senate. | |
1404 | + | 38 (3) One (1) member of the house of representatives appointed by | |
1405 | + | 39 the minority leader of the house of representatives. | |
1406 | + | 40 (4) One (1) member of the senate appointed by the minority | |
1407 | + | 41 leader of the senate. | |
1408 | + | 42 (c) The governor shall appoint each Native American Indian | |
1409 | + | EH 1026—LS 6162/DI 92 33 | |
1410 | + | 1 member of the commission to a term of four (4) years, and any vacancy | |
1411 | + | 2 occurring shall be filled by the governor for the unexpired term. Before | |
1412 | + | 3 appointing a Native American Indian member to the commission, the | |
1413 | + | 4 governor shall solicit nominees from Indiana associations that represent | |
1414 | + | 5 Native American Indians in the geographic region from which the | |
1415 | + | 6 member will be selected. Not more than two (2) members may | |
1416 | + | 7 represent the same tribe or Native American Indian organization or | |
1417 | + | 8 association. The terms of the members described in this subsection | |
1418 | + | 9 expire as follows: | |
1419 | + | 10 (1) For four (4) of the members, as determined by the | |
1420 | + | 11 governor, December 31, 2025, and every fourth year | |
1421 | + | 12 thereafter. | |
1422 | + | 13 (2) For four (4) of the members, as determined by the | |
1423 | + | 14 governor, December 31, 2027, and every fourth year | |
1424 | + | 15 thereafter. | |
1425 | + | 16 (d) A member of the general assembly appointed to the | |
1426 | + | 17 commission serves a two (2) year term that expires June 30 of an | |
1427 | + | 18 odd-numbered year. | |
1428 | + | 19 (d) (e) A member of the commission may be removed by the | |
1429 | + | 20 member's appointing authority. | |
1430 | + | 21 (f) A member of the commission may be reappointed to | |
1431 | + | 22 successive terms. | |
1432 | + | 23 (g) A vacancy on the commission shall be filled by the | |
1433 | + | 24 appropriate appointing authority. An individual appointed to fill | |
1434 | + | 25 a vacancy serves for the unexpired term of the individual's | |
1435 | + | 26 predecessor. | |
1436 | + | 27 SECTION 55. IC 4-23-32-5, AS ADDED BY P.L.133-2012, | |
1437 | + | 28 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
1438 | + | 29 UPON PASSAGE]: Sec. 5. (a) The commission shall meet quarterly | |
1439 | + | 30 at the call of the chairperson. | |
1440 | + | 31 (b) The affirmative votes of at least eight (8) members of the | |
1441 | + | 32 commission are required for the commission to take any official action, | |
1442 | + | 33 including public policy recommendations and reports. | |
1443 | + | 34 SECTION 56. IC 4-23-32-6, AS ADDED BY P.L.133-2012, | |
1444 | + | 35 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
1445 | + | 36 UPON PASSAGE]: Sec. 6. (a) The civil rights commission established | |
1446 | + | 37 by IC 22-9-1-4 shall provide staff and administrative support for the | |
1447 | + | 38 commission. | |
1448 | + | 39 (b) Except as provided in section 6.5 of this chapter, expenses | |
1449 | + | 40 incurred under this chapter shall be paid from funds appropriated to the | |
1450 | + | 41 civil rights commission. | |
1451 | + | 42 (c) The governor shall appoint a voting member of the commission | |
1452 | + | EH 1026—LS 6162/DI 92 34 | |
1453 | + | 1 to serve as the commission's chairperson until January 1, 2025. For | |
1454 | + | 2 each calendar year beginning after December 31, 2024, the voting | |
1455 | + | 3 members of the commission shall annually elect a chairperson from | |
1456 | + | 4 among the voting members of the commission. | |
1457 | + | 5 SECTION 57. IC 4-23-32-6.5 IS ADDED TO THE INDIANA | |
1458 | + | 6 CODE AS A NEW SECTION TO READ AS FOLLOWS | |
1459 | + | 7 [EFFECTIVE UPON PASSAGE]: Sec. 6.5. (a) Each member of the | |
1460 | + | 8 commission who is not a state employee is entitled to the minimum | |
1461 | + | 9 salary per diem provided by IC 4-10-11-2.1(b). The member is also | |
1462 | + | 10 entitled to reimbursement for mileage, traveling expenses as | |
1463 | + | 11 provided under IC 4-13-1-4, and other expenses actually incurred | |
1464 | + | 12 in connection with the member's duties as provided in the state | |
1465 | + | 13 policies and procedures established by the Indiana department of | |
1466 | + | 14 administration and approved by the budget agency. | |
1467 | + | 15 (b) Each member of the commission who is a state employee is | |
1468 | + | 16 entitled to reimbursement for traveling expenses as provided under | |
1469 | + | 17 IC 4-13-1-4 and other expenses actually incurred in connection | |
1470 | + | 18 with the member's duties as provided in the state policies and | |
1471 | + | 19 procedures established by the Indiana department of | |
1472 | + | 20 administration and approved by the budget agency. | |
1473 | + | 21 (c) Each member of the commission who is a member of the | |
1474 | + | 22 general assembly is entitled to receive the same per diem, mileage, | |
1475 | + | 23 and travel allowances paid to members of the general assembly | |
1476 | + | 24 serving on interim study committees created by the legislative | |
1477 | + | 25 council. Per diem, mileage, and travel allowances paid under this | |
1478 | + | 26 subsection shall be paid from appropriations made to the | |
1479 | + | 27 legislative council or the legislative services agency. | |
1480 | + | 28 SECTION 58. IC 5-1-17-6, AS ADDED BY P.L.214-2005, | |
1481 | + | 29 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
1482 | + | 30 UPON PASSAGE]: Sec. 6. An Indiana stadium and convention | |
1483 | + | 31 building authority is created in Indiana as a separate body corporate | |
1484 | + | 32 and politic as an instrumentality of the state to acquire, construct, | |
1485 | + | 33 equip, own, lease, and finance facilities for lease to or for the benefit | |
1486 | + | 34 of a capital improvement board. The authority shall provide staff | |
1487 | + | 35 support to the board of directors appointed under section 7 of this | |
1488 | + | 36 chapter. | |
1489 | + | 37 SECTION 59. IC 5-1-17-7, AS AMENDED BY P.L.104-2022, | |
1490 | + | 38 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
1491 | + | 39 UPON PASSAGE]: Sec. 7. (a) The board is composed of the following | |
1492 | + | 40 seven (7) members, who must be residents of Indiana: | |
1493 | + | 41 (1) Four (4) members appointed by the governor. The president | |
1494 | + | 42 pro tempore of the senate and the speaker of the house of | |
1495 | + | EH 1026—LS 6162/DI 92 35 | |
1496 | + | 1 representatives may each make one (1) recommendation to the | |
1497 | + | 2 governor concerning the appointment of a member under this | |
1498 | + | 3 subdivision. | |
1499 | + | 4 (2) Two (2) members appointed by the Marion County executive. | |
1500 | + | 5 (3) One (1) member appointed by the governor, who has been | |
1501 | + | 6 nominated by the county fiscal body of a county that is contiguous | |
1502 | + | 7 to Marion County, determined as follows: | |
1503 | + | 8 (A) The member nominated for the initial term shall be | |
1504 | + | 9 nominated by the contiguous county that has the largest | |
1505 | + | 10 population of all the contiguous counties that have adopted an | |
1506 | + | 11 ordinance to impose a food and beverage tax under IC 6-9-35. | |
1507 | + | 12 (B) The member nominated for each successive term shall be | |
1508 | + | 13 nominated by the contiguous county that: | |
1509 | + | 14 (i) contributed the most revenues from the tax imposed by | |
1510 | + | 15 IC 6-9-35 to the capital improvement board of managers | |
1511 | + | 16 created by IC 36-10-9-3 in the immediately previous | |
1512 | + | 17 calendar year; and | |
1513 | + | 18 (ii) has not previously made a nomination to the governor or, | |
1514 | + | 19 if all the contributing counties have previously made such a | |
1515 | + | 20 nomination, is the one whose then most recent nomination | |
1516 | + | 21 occurred before those of all the other contributing counties. | |
1517 | + | 22 (b) A member appointed under subsection (a)(1) through (a)(2) is | |
1518 | + | 23 entitled to serve a three (3) year term. A member appointed under | |
1519 | + | 24 subsection (a)(3) is entitled to serve a one (1) year term. A member | |
1520 | + | 25 may be reappointed to subsequent terms. A member of the general | |
1521 | + | 26 assembly appointed to the board serves a two (2) year term that | |
1522 | + | 27 expires June 30 of an odd-numbered year. A member of the board | |
1523 | + | 28 who is not a member of the general assembly serves a four (4) year | |
1524 | + | 29 term that expires as follows: | |
1525 | + | 30 (1) If the member is appointed under subsection (a)(1), | |
1526 | + | 31 December 31, 2025, and each fourth year thereafter. | |
1527 | + | 32 (2) If the member is appointed under subsection (a)(2) or | |
1528 | + | 33 (a)(3), December 31, 2027, and each fourth year thereafter. | |
1529 | + | 34 (c) If a vacancy occurs on the board, the governor shall fill the | |
1530 | + | 35 vacancy by appointing a new member for the remainder of the vacated | |
1531 | + | 36 term. If the vacated member was appointed under subsection (a)(2) or | |
1532 | + | 37 (a)(3), the governor shall appoint a new member who has been | |
1533 | + | 38 nominated by the person or body who made the nomination of the | |
1534 | + | 39 vacated member. | |
1535 | + | 40 (d) A member may be removed for cause by the appointing | |
1536 | + | 41 authority. | |
1537 | + | 42 (e) Each member, before entering upon the duties of office, must | |
1538 | + | EH 1026—LS 6162/DI 92 36 | |
1539 | + | 1 take and subscribe an oath of office under IC 5-4-1, which shall be | |
1540 | + | 2 endorsed upon the certificate of appointment and filed with the records | |
1541 | + | 3 of the board. | |
1542 | + | 4 (f) The governor shall nominate an executive director for the | |
1543 | + | 5 authority, subject to the veto authority of the Marion County executive. | |
1544 | + | 6 SECTION 60. IC 5-2-6-4, AS AMENDED BY P.L.161-2018, | |
1545 | + | 7 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
1546 | + | 8 UPON PASSAGE]: Sec. 4. (a) The board of trustees is composed of: | |
1547 | + | 9 (1) the governor, or the governor's designee, who shall act as | |
1548 | + | 10 chairman; | |
1549 | + | 11 (2) the attorney general, or the attorney general's designee; | |
1550 | + | 12 (3) the superintendent of state police, or the superintendent's | |
1551 | + | 13 designee; | |
1552 | + | 14 (4) the commissioner of the department of correction, or the | |
1553 | + | 15 commissioner's designee; | |
1554 | + | 16 (5) the executive director of the prosecuting attorneys council; | |
1555 | + | 17 (6) the chief administrative officer of the office of judicial | |
1556 | + | 18 administration; | |
1557 | + | 19 (7) the executive director of the public defenders council; | |
1558 | + | 20 (8) the state public defender; | |
1559 | + | 21 (9) eight (8) persons who are appointed by and who serve at the | |
1560 | + | 22 pleasure of the governor, including: | |
1561 | + | 23 (A) one (1) sheriff; | |
1562 | + | 24 (B) one (1) chief of police; | |
1563 | + | 25 (C) one (1) judge of a court with both juvenile jurisdiction and | |
1564 | + | 26 general criminal jurisdiction; and | |
1565 | + | 27 (D) five (5) citizens who have manifested an interest in | |
1566 | + | 28 criminal or juvenile justice, one (1) of whom shall be a | |
1567 | + | 29 member of the state advisory group under the Juvenile Justice | |
1568 | + | 30 Act. | |
1569 | + | 31 (b) The president pro tempore of the senate, or a senator appointed | |
1570 | + | 32 by the president pro tempore, and the speaker of the house of | |
1571 | + | 33 representatives, or a representative appointed by the speaker, may serve | |
1572 | + | 34 as nonvoting advisors to the trustees. A trustee advisor appointed | |
1573 | + | 35 under this subsection serves at the pleasure of the appointing | |
1574 | + | 36 authority. A member of the general assembly serving under this | |
1575 | + | 37 subsection serves a term of two (2) years. The term expires June 30 | |
1576 | + | 38 of each odd-numbered year. | |
1577 | + | 39 (c) Trustees appointed by the governor serve an initial three (3) year | |
1578 | + | 40 term and may be reappointed for additional terms. The additional terms | |
1579 | + | 41 may be A trustee appointed by the governor serves at the pleasure | |
1580 | + | 42 of the governor. The terms of the trustees appointed by the | |
1581 | + | EH 1026—LS 6162/DI 92 37 | |
1582 | + | 1 governor are four (4) years in length and expire as follows: | |
1583 | + | 2 (1) For a trustee described in subsection (a)(9)(A) through | |
1584 | + | 3 (a)(9)(C), December 31, 2025, and each fourth year thereafter. | |
1585 | + | 4 (2) For a trustee described in subsection (a)(9)(D), December | |
1586 | + | 5 31, 2027, and each fourth year thereafter. | |
1587 | + | 6 (d) Membership on the board of trustees does not constitute holding | |
1588 | + | 7 a public office. | |
1589 | + | 8 (e) The appropriate appointing authority shall fill a vacancy on | |
1590 | + | 9 the board of trustees. A trustee appointed to fill a vacancy serves | |
1591 | + | 10 for the remainder of the term of the trustee's predecessor. | |
1592 | + | 11 SECTION 61. IC 5-2-6-5, AS AMENDED BY P.L.100-2012, | |
1593 | + | 12 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
1594 | + | 13 UPON PASSAGE]: Sec. 5. (a) The institute is composed of: | |
1595 | + | 14 (1) the trustees; and | |
1596 | + | 15 (2) a research and information consortium. | |
1597 | + | 16 (b) The trustees shall: | |
1598 | + | 17 (1) evaluate and disseminate to the public information concerning | |
1599 | + | 18 the cost and effectiveness of the criminal and juvenile justice | |
1600 | + | 19 systems; | |
1601 | + | 20 (2) promote coordination and cooperation for the effective | |
1602 | + | 21 administration of the criminal and juvenile justice systems; | |
1603 | + | 22 (3) establish plans for the criminal and juvenile justice systems | |
1604 | + | 23 and make recommendations concerning the implementation of | |
1605 | + | 24 these plans; | |
1606 | + | 25 (4) encourage and assist in the organization of an academic | |
1607 | + | 26 consortium for the purpose of engaging in research; | |
1608 | + | 27 (5) receive, expend, and account for state funds made available | |
1609 | + | 28 for the purposes of this chapter; | |
1610 | + | 29 (6) apply for and accept gifts and grants (which must be | |
1611 | + | 30 administered as public funds) made for the purposes of this | |
1612 | + | 31 chapter; | |
1613 | + | 32 (7) enter into lawful agreements as required as a condition for | |
1614 | + | 33 receiving gifts, grants, or other funds for the purposes of this | |
1615 | + | 34 chapter; | |
1616 | + | 35 (8) employ a director; | |
1617 | + | 36 (9) adopt rules, under IC 4-22-2, necessary to carry out the | |
1618 | + | 37 purposes of this chapter; and | |
1619 | + | 38 (10) promulgate guidelines concerning participation in the | |
1620 | + | 39 research and information consortium. | |
1621 | + | 40 (c) The research and information consortium is composed of state | |
1622 | + | 41 educational institutions that are engaged in criminal or juvenile justice | |
1623 | + | 42 research under the direction of the trustees. A state or local | |
1624 | + | EH 1026—LS 6162/DI 92 38 | |
1625 | + | 1 governmental entity may participate in the consortium. The consortium | |
1626 | + | 2 shall act as an advisory body to the institute and perform other related | |
1627 | + | 3 functions as requested by the trustees. | |
1628 | + | 4 (d) The trustees shall meet quarterly and at such times as called by | |
1629 | + | 5 the chairman. A majority of the trustees constitutes a quorum for doing | |
1630 | + | 6 business. A majority vote of the trustees is required for passage of any | |
1631 | + | 7 matter put to a vote. The trustees shall establish procedures and | |
1632 | + | 8 requirements with respect to the place and conduct of their meetings. | |
1633 | + | 9 (e) A trustee is not entitled to the minimum salary per diem as | |
1634 | + | 10 provided in IC 4-10-11-2.1(b) while performing the trustee's duties. A | |
1635 | + | 11 trustee is entitled to reimbursement for traveling expenses and other | |
1636 | + | 12 expenses actually incurred in connection with the trustee's duties, as | |
1637 | + | 13 provided in the state travel policies and procedures established by the | |
1638 | + | 14 department of administration and approved by the state budget agency. | |
1639 | + | 15 (f) Each trustee advisor who is a member of the general | |
1640 | + | 16 assembly is entitled to receive the same per diem, mileage, and | |
1641 | + | 17 travel allowances paid to members of the general assembly serving | |
1642 | + | 18 on interim study committees created by the legislative council. Per | |
1643 | + | 19 diem, mileage, and travel allowances paid under this subsection | |
1644 | + | 20 shall be paid from appropriations made to the legislative council or | |
1645 | + | 21 the legislative services agency. | |
1646 | + | 22 (g) Expenses paid under subsection (e) shall be paid from | |
1647 | + | 23 appropriations made to the institute. | |
1648 | + | 24 SECTION 62. IC 5-26-2-3, AS AMENDED BY P.L.66-2017, | |
1649 | + | 25 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
1650 | + | 26 UPON PASSAGE]: Sec. 3. (a) The commission is comprised of twelve | |
1651 | + | 27 (12) members as follows: | |
1652 | + | 28 (1) A sheriff appointed by the governor. | |
1653 | + | 29 (2) A chief of police appointed by the governor. | |
1654 | + | 30 (3) A fire chief appointed by the governor. | |
1655 | + | 31 (4) A head of an emergency medical services provider appointed | |
1656 | + | 32 by the governor. | |
1657 | + | 33 (5) A mayor appointed by the governor. | |
1658 | + | 34 (6) A county commissioner appointed by the governor. | |
1659 | + | 35 (7) A representative of campus law enforcement appointed by the | |
1660 | + | 36 governor. | |
1661 | + | 37 (8) A representative of the private sector appointed by the | |
1662 | + | 38 governor. | |
1663 | + | 39 (9) The superintendent of the state police department. | |
1664 | + | 40 (10) The special agent in charge of the Indiana office of the | |
1665 | + | 41 Federal Bureau of Investigation or designee. | |
1666 | + | 42 (11) An individual appointed by the speaker of the house of | |
1667 | + | EH 1026—LS 6162/DI 92 39 | |
1668 | + | 1 representatives. | |
1669 | + | 2 (12) An individual appointed by the president pro tempore of the | |
1670 | + | 3 senate. | |
1671 | + | 4 (b) Not more than four (4) members appointed under subsection | |
1672 | + | 5 (a)(1) through (a)(8) may be members of the same political party. | |
1673 | + | 6 (c) The terms of the members appointed under subsection (a)(1) | |
1674 | + | 7 through (a)(8) are four (4) years in length and expire as follows: | |
1675 | + | 8 (1) For a member described in subsection (a)(1) through | |
1676 | + | 9 (a)(4), December 31, 2025, and each fourth year thereafter. | |
1677 | + | 10 (2) For a member described in subsection (a)(5) through | |
1678 | + | 11 (a)(8), December 31, 2027, and each fourth year thereafter. | |
1679 | + | 12 (d) A member appointed under subsection (a)(11) or (a)(12) | |
1680 | + | 13 serves a term of two (2) years. The term expires June 30 of an | |
1681 | + | 14 odd-numbered year. | |
1682 | + | 15 (e) A member of the commission may be reappointed to | |
1683 | + | 16 successive terms. A vacancy on the commission shall be filled by | |
1684 | + | 17 the appropriate appointing authority. An individual appointed to | |
1685 | + | 18 fill a vacancy serves for the unexpired term of the individual's | |
1686 | + | 19 predecessor. | |
1687 | + | 20 SECTION 63. IC 5-26-2-6 IS AMENDED TO READ AS | |
1688 | + | 21 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 6. (a) The governor | |
1689 | + | 22 shall select a chair and vice chair of the commission. The chair and | |
1690 | + | 23 vice chair serve at the pleasure of the governor. | |
1691 | + | 24 (b) The chair may appoint staff needed to carry out this chapter from | |
1692 | + | 25 the existing staff of participating agencies. | |
1693 | + | 26 (c) The commission shall meet quarterly at the call of the chair. | |
1694 | + | 27 SECTION 64. IC 5-26-2-7 IS AMENDED TO READ AS | |
1695 | + | 28 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7. Each member of | |
1696 | + | 29 the commission who is not a state employee is entitled to the minimum | |
1697 | + | 30 salary per diem provided by IC 4-10-11-2.1(b). The member is also | |
1698 | + | 31 entitled to reimbursement for mileage, traveling expenses as provided | |
1699 | + | 32 under IC 4-13-1-4, and other expenses actually incurred in connection | |
1700 | + | 33 with the member's duties as provided in the state policies and | |
1701 | + | 34 procedures established by the Indiana department of administration and | |
1702 | + | 35 approved by the budget agency. | |
1703 | + | 36 SECTION 65. IC 5-26-2-8.5 IS ADDED TO THE INDIANA CODE | |
1704 | + | 37 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE | |
1705 | + | 38 UPON PASSAGE]: Sec. 8.5. Expenses incurred under sections 7 and | |
1706 | + | 39 8 of this chapter shall be paid from amounts appropriated to the | |
1707 | + | 40 commission. | |
1708 | + | 41 SECTION 66. IC 5-26-2-9 IS AMENDED TO READ AS | |
1709 | + | 42 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 9. The legislative | |
1710 | + | EH 1026—LS 6162/DI 92 40 | |
1711 | + | 1 members of the commission are entitled to receive the same per diem, | |
1712 | + | 2 mileage, and travel allowances paid to persons who serve as legislative | |
1713 | + | 3 members of interim study committees established by the legislative | |
1714 | + | 4 council. Per diem, mileage, and travel allowances paid under this | |
1715 | + | 5 section shall be paid from appropriations made to the legislative | |
1716 | + | 6 council or the legislative services agency. | |
1717 | + | 7 SECTION 67. IC 6-1.1-20.3-4, AS AMENDED BY P.L.165-2021, | |
1718 | + | 8 SECTION 67 AND P.L.43-2021, SECTION 30, IS AMENDED TO | |
1719 | + | 9 READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. (a) | |
1720 | + | 10 The distressed unit appeal board is established. | |
1721 | + | 11 (b) The distressed unit appeal board consists of the following | |
1722 | + | 12 members: | |
1723 | + | 13 (1) The director of the office of management and budget or the | |
1724 | + | 14 director's designee. The director or the director's designee shall | |
1725 | + | 15 serve as chairperson of the distressed unit appeal board. | |
1726 | + | 16 (2) The commissioner of the department of local government | |
1727 | + | 17 finance or the commissioner's designee. | |
1728 | + | 18 (3) The state examiner of the state board of accounts or the state | |
1729 | + | 19 examiner's designee. | |
1730 | + | 20 (4) The secretary of education or the secretary's designee. | |
1731 | + | 21 (5) An individual appointed by the governor to serve a four (4) | |
1732 | + | 22 year term that expires December 31, 2025, and each fourth | |
1733 | + | 23 year thereafter. | |
1734 | + | 24 (6) A member of the house of representatives appointed by the | |
1735 | + | 25 speaker of the house of representatives, who shall serve as a | |
1736 | + | 26 nonvoting member. | |
1737 | + | 27 (7) A member of the senate appointed by the president pro | |
1738 | + | 28 tempore of the senate, who shall serve as a nonvoting member. | |
1739 | + | 29 (8) A member to serve a one (1) year term in each even-numbered | |
1740 | + | 30 year who: | |
1741 | + | 31 (A) is a member of the house of representatives and | |
1742 | + | 32 (B) is appointed by the minority leader of the house of | |
1743 | + | 33 representatives | |
1744 | + | 34 The member is who shall serve as a nonvoting member. | |
1745 | + | 35 (9) A member to serve a one (1) year term in each odd-numbered | |
1746 | + | 36 year who: | |
1747 | + | 37 (A) is a member of the senate and | |
1748 | + | 38 (B) is appointed by the minority leader of the senate | |
1749 | + | 39 The member is who shall serve as a nonvoting member. | |
1750 | + | 40 The members appointed under subdivisions (6) through (9) serve | |
1751 | + | 41 two (2) year terms that expire June 30 of each odd-numbered year. | |
1752 | + | 42 Members appointed under subdivisions (5) through (9) serve at the | |
1753 | + | EH 1026—LS 6162/DI 92 41 | |
1754 | + | 1 pleasure of the appointing authority and may be reappointed to | |
1755 | + | 2 successive terms. | |
1756 | + | 3 (c) Each member of the board who is not a state employee member | |
1757 | + | 4 of the general assembly is entitled to reimbursement for: | |
1758 | + | 5 (1) mileage and traveling expenses as provided under | |
1759 | + | 6 IC 4-13-1-4; and | |
1760 | + | 7 (2) other expenses actually incurred in connection with the | |
1761 | + | 8 member's duties as provided in the state policies and procedures | |
1762 | + | 9 established by the Indiana department of administration and | |
1763 | + | 10 approved by the budget agency. | |
1764 | + | 11 (d) Each member of the board who is a member of the general | |
1765 | + | 12 assembly is entitled to receive the same per diem, mileage, and travel | |
1766 | + | 13 allowances paid to legislative members of interim study committees. | |
1767 | + | 14 Per diem, mileage, and travel allowances paid under this section shall | |
1768 | + | 15 be paid from appropriations made to the legislative council or the | |
1769 | + | 16 legislative services agency. | |
1770 | + | 17 (e) Each member of the board who is a state employee is entitled | |
1771 | + | 18 to reimbursement for traveling expenses as provided under | |
1772 | + | 19 IC 4-13-1-4 and other expenses actually incurred in connection | |
1773 | + | 20 with the member's duties as provided in the state policies and | |
1774 | + | 21 procedures established by the Indiana department of | |
1775 | + | 22 administration and approved by the budget agency. | |
1776 | + | 23 (f) Expenses paid under subsections (c) and (e) shall be paid | |
1777 | + | 24 from appropriations made to the board. | |
1778 | + | 25 (g) A vacancy on the board shall be filled by the appropriate | |
1779 | + | 26 appointing authority. An individual appointed to fill a vacancy | |
1780 | + | 27 serves for the unexpired term of the individual's predecessor. | |
1781 | + | 28 SECTION 68. IC 6-1.1-20.3-9, AS AMENDED BY P.L.241-2017, | |
1782 | + | 29 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
1783 | + | 30 UPON PASSAGE]: Sec. 9. The board shall meet at least annually. | |
1784 | + | 31 However, the board may meet more frequently if the members of | |
1785 | + | 32 the board determine that additional meetings are necessary. The | |
1786 | + | 33 board shall keep a record of its proceedings and its orders. IC 5-14-1.5 | |
1787 | + | 34 (the open door law) applies to the board's meetings. | |
1788 | + | 35 SECTION 69. IC 9-13-3-5, AS ADDED BY P.L.128-2021, | |
1789 | + | 36 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
1790 | + | 37 UPON PASSAGE]: Sec. 5. (a) The governor shall annually designate | |
1791 | + | 38 one (1) of the members appointed under section 4(1) of this chapter as | |
1792 | + | 39 chairperson of the commission. | |
1793 | + | 40 (b) Members of the commission appointed under section 4(1) of this | |
1794 | + | 41 chapter serve a four (4) year term that expires June 30, 2025, and | |
1795 | + | 42 each fourth year thereafter. | |
1796 | + | EH 1026—LS 6162/DI 92 42 | |
1797 | + | 1 SECTION 70. IC 9-13-3-6, AS ADDED BY P.L.128-2021, | |
1798 | + | 2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
1799 | + | 3 UPON PASSAGE]: Sec. 6. (a) Four (4) members of the general | |
1800 | + | 4 assembly shall be appointed as members of the commission as follows: | |
1801 | + | 5 (1) The speaker of the house of representatives shall appoint two | |
1802 | + | 6 (2) members of the house of representatives, both of whom may | |
1803 | + | 7 not be members of the same political party. | |
1804 | + | 8 (2) The president pro tempore of the senate shall appoint two (2) | |
1805 | + | 9 members of the senate, both of whom may not be members of the | |
1806 | + | 10 same political party. | |
1807 | + | 11 (b) A member of the commission appointed under subsection (a) | |
1808 | + | 12 serves until the member's current term of office as a member of the | |
1809 | + | 13 general assembly expires. a two (2) year term that expires June 30 | |
1810 | + | 14 of an odd-numbered year. | |
1811 | + | 15 (c) A vacancy under subsection (a) shall be filled by the officer who | |
1812 | + | 16 appointed the vacating legislator. legislative member. A legislative | |
1813 | + | 17 member appointed under this subsection serves until the end of the | |
1814 | + | 18 unexpired term of the vacating legislator. member's predecessor. | |
1815 | + | 19 (d) A member of the commission appointed under this section may | |
1816 | + | 20 be reappointed. | |
1817 | + | 21 SECTION 71. IC 9-13-3-9, AS ADDED BY P.L.128-2021, | |
1818 | + | 22 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
1819 | + | 23 UPON PASSAGE]: Sec. 9. (a) Each member of the commission who | |
1820 | + | 24 is not a state employee is entitled to the minimum salary per diem | |
1821 | + | 25 provided by IC 4-10-11-2.1(b). The member is also entitled to | |
1822 | + | 26 reimbursement for mileage, traveling expenses as provided under | |
1823 | + | 27 IC 4-13-1-4, and other expenses actually incurred in connection with | |
1824 | + | 28 the member's duties as provided in the state policies and procedures | |
1825 | + | 29 established by the Indiana department of administration and approved | |
1826 | + | 30 by the budget agency. Expenses incurred under this subsection shall be | |
1827 | + | 31 paid out of the funds appropriated to the lieutenant governor. | |
1828 | + | 32 (b) Each member of the commission who is a member of the general | |
1829 | + | 33 assembly is entitled to receive the same per diem, mileage, and travel | |
1830 | + | 34 allowances paid to members of the general assembly serving on interim | |
1831 | + | 35 study committees established by the legislative council. Per diem, | |
1832 | + | 36 mileage, and travel allowances paid under this subsection shall be | |
1833 | + | 37 paid from appropriations made to the legislative council or the | |
1834 | + | 38 legislative services agency. | |
1835 | + | 39 SECTION 72. IC 10-19-8.1-3, AS AMENDED BY P.L.127-2022, | |
1836 | + | 40 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
1837 | + | 41 UPON PASSAGE]: Sec. 3. (a) The council consists of the following | |
1838 | + | 42 members: | |
1839 | + | EH 1026—LS 6162/DI 92 43 | |
1840 | + | 1 (1) The governor or the governor's designee. | |
1841 | + | 2 (2) The executive director of the department of homeland | |
1842 | + | 3 security. | |
1843 | + | 4 (3) The superintendent of the state police department. | |
1844 | + | 5 (4) The adjutant general. | |
1845 | + | 6 (5) The state health commissioner. | |
1846 | + | 7 (6) The commissioner of the department of environmental | |
1847 | + | 8 management. | |
1848 | + | 9 (7) The chairman of the Indiana utility regulatory commission. | |
1849 | + | 10 (8) The director of the department of natural resources or, if | |
1850 | + | 11 designated by the director, the deputy director who manages the | |
1851 | + | 12 bureau of administration. | |
1852 | + | 13 (9) The chief information officer of the office of technology. | |
1853 | + | 14 (10) The speaker of the house of representatives or the speaker's | |
1854 | + | 15 designee. | |
1855 | + | 16 (11) The president pro tempore of the senate or the president pro | |
1856 | + | 17 tempore's designee. | |
1857 | + | 18 (12) The minority leader of the house of representatives or the | |
1858 | + | 19 minority leader's designee. | |
1859 | + | 20 (13) The minority leader of the senate or the minority leader's | |
1860 | + | 21 designee. | |
1861 | + | 22 (b) The members of the council described in subsection (a)(10) | |
1862 | + | 23 through (a)(13) are nonvoting members. | |
1863 | + | 24 SECTION 73. IC 10-19-8.1-5, AS ADDED BY P.L.249-2019, | |
1864 | + | 25 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
1865 | + | 26 UPON PASSAGE]: Sec. 5. (a) Each member of the council who is not | |
1866 | + | 27 a state employee is not entitled to the minimum salary per diem | |
1867 | + | 28 provided by IC 4-10-11-2.1(b). The member is, however, entitled to | |
1868 | + | 29 reimbursement for mileage, travel expenses as provided in IC 4-13-1-4, | |
1869 | + | 30 and other expenses actually incurred in connection with the member's | |
1870 | + | 31 duties as provided in the state policies and procedures established by | |
1871 | + | 32 the Indiana department of administration and approved by the budget | |
1872 | + | 33 agency. | |
1873 | + | 34 (b) Each member of the council who is a state employee but who is | |
1874 | + | 35 not a member of the general assembly is entitled to reimbursement for | |
1875 | + | 36 travel expenses as provided under IC 4-13-1-4 and other expenses | |
1876 | + | 37 actually incurred in connection with the member's duties as provided | |
1877 | + | 38 in the state policies and procedures established by the Indiana | |
1878 | + | 39 department of administration and approved by the budget agency. | |
1879 | + | 40 (c) Each member of the council who is a member of the general | |
1880 | + | 41 assembly is entitled to receive the same per diem, mileage, and travel | |
1881 | + | 42 allowances paid to legislative members of interim study committees | |
1882 | + | EH 1026—LS 6162/DI 92 44 | |
1883 | + | 1 established by the legislative council. Per diem, mileage, and travel | |
1884 | + | 2 allowances paid under this subsection shall be paid from appropriations | |
1885 | + | 3 made to the legislative council or the legislative services agency. | |
1886 | + | 4 (d) Expenses paid under subsections (a) and (b) shall be paid | |
1887 | + | 5 from appropriations made to the department of homeland security. | |
1888 | + | 6 SECTION 74. IC 10-19-8.1-11, AS ADDED BY P.L.249-2019, | |
1889 | + | 7 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
1890 | + | 8 UPON PASSAGE]: Sec. 11. (a) All state agencies shall cooperate to | |
1891 | + | 9 the fullest extent possible with the council and the executive director | |
1892 | + | 10 to implement this chapter. | |
1893 | + | 11 (b) The department of homeland security shall provide staff | |
1894 | + | 12 support to the council. | |
1895 | + | 13 SECTION 75. IC 12-7-2-34, AS AMENDED BY P.L.162-2023, | |
1896 | + | 14 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
1897 | + | 15 UPON PASSAGE]: Sec. 34. "Commission" means the following: | |
1898 | + | 16 (1) For purposes of IC 12-10-2, the meaning set forth in | |
1899 | + | 17 IC 12-10-2-1. | |
1900 | + | 18 (2) For purposes of IC 12-12-2, the meaning set forth in | |
1901 | + | 19 IC 12-12-2-1. | |
1902 | + | 20 (3) For purposes of IC 12-13-14, the meaning set forth in | |
1903 | + | 21 IC 12-13-14-1. | |
1904 | + | 22 (4) For purposes of IC 12-15-30.5, the meaning set forth in | |
1905 | + | 23 IC 12-15-30.5-2. | |
1906 | + | 24 (5) For purposes of IC 12-15-33, the meaning set forth in | |
1907 | + | 25 IC 12-15-33-1. | |
1908 | + | 26 (5) (6) For purposes of IC 12-21-7.1, the meaning set forth in | |
1909 | + | 27 IC 12-21-7.1-1. | |
1910 | + | 28 (6) (7) For purposes of IC 12-28-1, the meaning set forth in | |
1911 | + | 29 IC 12-28-1-3. | |
1912 | + | 30 SECTION 76. IC 12-7-2-35 IS REPEALED [EFFECTIVE UPON | |
1913 | + | 31 PASSAGE]. Sec. 35. "Committee", for purposes of IC 12-15-33, has | |
1914 | + | 32 the meaning set forth in IC 12-15-33-1. | |
1915 | + | 33 SECTION 77. IC 12-8-6.5-14.1 IS ADDED TO THE INDIANA | |
1916 | + | 34 CODE AS A NEW SECTION TO READ AS FOLLOWS | |
1917 | + | 35 [EFFECTIVE UPON PASSAGE]: Sec. 14.1. (a) As used in this | |
1918 | + | 36 section, "board" refers to the doula reimbursement advisory board | |
1919 | + | 37 established by section 14 of this chapter. | |
1920 | + | 38 (b) The family and social services administration shall provide | |
1921 | + | 39 staff support to the board. | |
1922 | + | 40 (c) The members of the board shall annually elect a chair and | |
1923 | + | 41 vice chair from the membership of the board. Before August 1, | |
1924 | + | 42 2024, the office of the secretary shall schedule a meeting of the | |
1925 | + | EH 1026—LS 6162/DI 92 45 | |
1926 | + | 1 board to elect the chair and vice chair. Thereafter, the board shall | |
1927 | + | 2 meet at the call of the chair. The chair elected under this subsection | |
1928 | + | 3 shall serve until a successor is elected in the following calendar | |
1929 | + | 4 year. | |
1930 | + | 5 SECTION 78. IC 12-8-6.5-14.3 IS ADDED TO THE INDIANA | |
1931 | + | 6 CODE AS A NEW SECTION TO READ AS FOLLOWS | |
1932 | + | 7 [EFFECTIVE UPON PASSAGE]: Sec. 14.3. (a) As used in this | |
1933 | + | 8 section, "board" refers to the doula reimbursement advisory board | |
1934 | + | 9 established by section 14 of this chapter. | |
1935 | + | 10 (b) A member of the general assembly appointed to the board | |
1936 | + | 11 serves a two (2) year term that expires June 30 of an | |
1937 | + | 12 odd-numbered year. | |
1938 | + | 13 (c) The terms of the lay members of the board expire as follows: | |
1939 | + | 14 (1) For a member appointed under subsection (c)(2)(B), | |
1940 | + | 15 (c)(2)(C), (c)(2)(D), or (c)(2)(E), June 30 of each | |
1941 | + | 16 odd-numbered year. | |
1942 | + | 17 (2) For a member appointed under subsection (c)(2)(A), | |
1943 | + | 18 (c)(2)(F), (c)(2)(G), (c)(2)(H), or (c)(2)(I), June 30, 2027, and | |
1944 | + | 19 every fourth year thereafter. | |
1945 | + | 20 (d) A member of the board serves at the pleasure of the | |
1946 | + | 21 appointing authority and may be reappointed to successive terms. | |
1947 | + | 22 (e) A vacancy on the board shall be filled by the appropriate | |
1948 | + | 23 appointing authority. An individual appointed to fill a vacancy | |
1949 | + | 24 serves for the unexpired term of the individual's predecessor. | |
1950 | + | 25 SECTION 79. IC 12-8-6.5-15 IS ADDED TO THE INDIANA | |
1951 | + | 26 CODE AS A NEW SECTION TO READ AS FOLLOWS | |
1952 | + | 27 [EFFECTIVE UPON PASSAGE]: Sec. 15. (a) As used in this section, | |
1953 | + | 28 "board" refers to the doula reimbursement advisory board | |
1954 | + | 29 established by section 14 of this chapter. | |
1955 | + | 30 (b) Each member of the board who is not a state employee is | |
1956 | + | 31 entitled to reimbursement for mileage, traveling expenses as | |
1957 | + | 32 provided under IC 4-13-1-4, and other expenses actually incurred | |
1958 | + | 33 in connection with the member's duties as provided in the state | |
1959 | + | 34 policies and procedures established by the Indiana department of | |
1960 | + | 35 administration and approved by the budget agency. | |
1961 | + | 36 (c) Each member of the board who is a state employee is entitled | |
1962 | + | 37 to reimbursement for traveling expenses as provided under | |
1963 | + | 38 IC 4-13-1-4 and other expenses actually incurred in connection | |
1964 | + | 39 with the member's duties as provided in the state policies and | |
1965 | + | 40 procedures established by the Indiana department of | |
1966 | + | 41 administration and approved by the budget agency. | |
1967 | + | 42 (d) Each member of the board who is a member of the general | |
1968 | + | EH 1026—LS 6162/DI 92 46 | |
1969 | + | 1 assembly is entitled to receive the same per diem, mileage, and | |
1970 | + | 2 travel allowances paid to legislative members of interim study | |
1971 | + | 3 committees established by the legislative council. Per diem, | |
1972 | + | 4 mileage, and travel allowances paid under this subsection shall be | |
1973 | + | 5 paid from appropriations made to the legislative council or the | |
1974 | + | 6 legislative services agency. | |
1975 | + | 7 (e) Expenses paid under subsections (b) and (c) shall be paid | |
1976 | + | 8 from appropriations made to the family and social services | |
1977 | + | 9 administration. | |
1978 | + | 10 SECTION 80. IC 12-10-11-2, AS AMENDED BY P.L.32-2021, | |
1979 | + | 11 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
1980 | + | 12 UPON PASSAGE]: Sec. 2. (a) The board consists of the following | |
1981 | + | 13 fifteen (15) members: | |
1982 | + | 14 (1) The director of the division of aging or the director's designee. | |
1983 | + | 15 (2) The chairman of the Indiana state commission on aging or the | |
1984 | + | 16 chairman's designee. | |
1985 | + | 17 (3) Three (3) citizens nominated by two (2) or more organizations | |
1986 | + | 18 that: | |
1987 | + | 19 (A) represent senior citizens; and | |
1988 | + | 20 (B) have statewide membership. | |
1989 | + | 21 (4) One (1) citizen nominated by one (1) or more organizations | |
1990 | + | 22 that: | |
1991 | + | 23 (A) represent individuals with disabilities, including | |
1992 | + | 24 individuals who are less than eighteen (18) years of age; and | |
1993 | + | 25 (B) have statewide membership. | |
1994 | + | 26 (5) One (1) citizen nominated by one (1) or more organizations | |
1995 | + | 27 that: | |
1996 | + | 28 (A) represent individuals with mental illness, including | |
1997 | + | 29 dementia; and | |
1998 | + | 30 (B) have statewide membership. | |
1999 | + | 31 (6) One (1) provider who provides services under IC 12-10-10. | |
2000 | + | 32 (7) One (1) licensed physician, physician assistant, or registered | |
2001 | + | 33 nurse who specializes either in the field of gerontology or in the | |
2002 | + | 34 field of disabilities. | |
2003 | + | 35 (8) Two (2) home care services advocates or policy specialists | |
2004 | + | 36 nominated by two (2) or more: | |
2005 | + | 37 (A) organizations; | |
2006 | + | 38 (B) associations; or | |
2007 | + | 39 (C) nongovernmental agencies; | |
2008 | + | 40 that advocate on behalf of home care consumers, including an | |
2009 | + | 41 organization listed in subdivision (3) that represents senior | |
2010 | + | 42 citizens or persons with disabilities. | |
2011 | + | EH 1026—LS 6162/DI 92 47 | |
2012 | + | 1 (9) Two (2) members of the senate, who may not be members of | |
2013 | + | 2 the same political party, appointed by the president pro tempore | |
2014 | + | 3 of the senate with the advice of the minority leader of the senate. | |
2015 | + | 4 (10) Two (2) members of the house of representatives, who may | |
2016 | + | 5 not be members of the same political party, appointed by the | |
2017 | + | 6 speaker of the house of representatives with the advice of the | |
2018 | + | 7 minority leader of the house of representatives. | |
2019 | + | 8 The members of the board listed in subdivisions (9) and (10) are | |
2020 | + | 9 nonvoting members who serve two (2) year terms ending June 30 of | |
2021 | + | 10 each odd-numbered year. A legislative member serves at the | |
2022 | + | 11 pleasure of the appointing authority and may be reappointed to | |
2023 | + | 12 successive terms. A vacancy among the legislative members shall | |
2024 | + | 13 be filled by the appropriate appointing authority. An individual | |
2025 | + | 14 appointed to fill a vacancy serves for the unexpired term of the | |
2026 | + | 15 individual's predecessor. | |
2027 | + | 16 (b) The members of the board designated by subsection (a)(3) | |
2028 | + | 17 through (a)(8) shall be appointed by the governor for terms of four (4) | |
2029 | + | 18 years. The term of a member of the board expires July 1. as follows: | |
2030 | + | 19 (1) For a member appointed under subsection (a)(3) through | |
2031 | + | 20 (a)(5), June 30, 2025, and every fourth year thereafter. | |
2032 | + | 21 (2) For a member appointed under subsection (a)(6) through | |
2033 | + | 22 (a)(8), June 30, 2027, and every fourth year thereafter. | |
2034 | + | 23 A member described in this subsection may be reappointed to | |
2035 | + | 24 successive terms. However, a member may continue to serve until a | |
2036 | + | 25 successor is appointed. In case of a vacancy, the governor shall appoint | |
2037 | + | 26 an individual to serve for the remainder of the unexpired term. | |
2038 | + | 27 (c) The division shall establish notice and selection procedures to | |
2039 | + | 28 notify the public of the board's nomination process described in this | |
2040 | + | 29 chapter. Information must be distributed through: | |
2041 | + | 30 (1) the area agencies on aging; and | |
2042 | + | 31 (2) all organizations, associations, and nongovernmental agencies | |
2043 | + | 32 that work with the division on home care issues and programs. | |
2044 | + | 33 SECTION 81. IC 12-10-11-3 IS AMENDED TO READ AS | |
2045 | + | 34 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. (a) Each member | |
2046 | + | 35 of the board who is not a state employee is entitled to the minimum | |
2047 | + | 36 salary per diem provided by IC 4-10-11-2.1(b). Such a member is also | |
2048 | + | 37 entitled to reimbursement for mileage, traveling expenses and other | |
2049 | + | 38 expenses actually incurred in connection with the member's duties, as | |
2050 | + | 39 provided in the state travel policies and procedures established by the | |
2051 | + | 40 Indiana department of administration and approved by the budget | |
2052 | + | 41 agency. | |
2053 | + | 42 (b) Each member of the board who is a state employee is entitled to | |
2054 | + | EH 1026—LS 6162/DI 92 48 | |
2055 | + | 1 reimbursement for traveling expenses and other expenses actually | |
2056 | + | 2 incurred in connection with the member's duties, as provided in the | |
2057 | + | 3 state travel policies and procedures established by the Indiana | |
2058 | + | 4 department of administration and approved by the budget agency. | |
2059 | + | 5 (c) Each member of the board who is a member of the general | |
2060 | + | 6 assembly is entitled to receive the same per diem, mileage, and | |
2061 | + | 7 travel allowances paid to members of the general assembly serving | |
2062 | + | 8 on interim study committees established by the legislative council. | |
2063 | + | 9 Per diem, mileage, and travel allowances paid under this | |
2064 | + | 10 subsection shall be paid from appropriations made to the | |
2065 | + | 11 legislative council or the legislative services agency. | |
2066 | + | 12 (d) Expenses paid under subsections (a) and (b) shall be paid | |
2067 | + | 13 from appropriations made to the family and social services | |
2068 | + | 14 administration. | |
2069 | + | 15 SECTION 82. IC 12-10-11-4 IS AMENDED TO READ AS | |
2070 | + | 16 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. The board shall | |
2071 | + | 17 meet at the call of the chairperson at least six (6) times a year. | |
2072 | + | 18 SECTION 83. IC 12-10-11-5 IS AMENDED TO READ AS | |
2073 | + | 19 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5. Each year the | |
2074 | + | 20 board shall elect from its membership a chairman chairperson and | |
2075 | + | 21 vice chairman. chairperson. The chairperson elected under this | |
2076 | + | 22 section shall serve until a successor is elected in the following | |
2077 | + | 23 calendar year. | |
2078 | + | 24 SECTION 84. IC 12-10-11-7 IS AMENDED TO READ AS | |
2079 | + | 25 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7. The division of | |
2080 | + | 26 aging shall provide staff services for the board. | |
2081 | + | 27 SECTION 85. IC 12-15-33-1 IS AMENDED TO READ AS | |
2082 | + | 28 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. As used in this | |
2083 | + | 29 chapter, "committee" "commission" refers to the Medicaid advisory | |
2084 | + | 30 committee commission created by this chapter. | |
2085 | + | 31 SECTION 86. IC 12-15-33-2 IS AMENDED TO READ AS | |
2086 | + | 32 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. The Medicaid | |
2087 | + | 33 advisory committee commission is created to act in an advisory | |
2088 | + | 34 capacity to the following: | |
2089 | + | 35 (1) The office in the administration of the Medicaid program. | |
2090 | + | 36 (2) The children's health policy board established by IC 4-23-27-2 | |
2091 | + | 37 in the board's responsibility to direct policy coordination of | |
2092 | + | 38 children's health programs. | |
2093 | + | 39 SECTION 87. IC 12-15-33-3, AS AMENDED BY P.L.140-2019, | |
2094 | + | 40 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
2095 | + | 41 UPON PASSAGE]: Sec. 3. (a) The committee commission shall be | |
2096 | + | 42 appointed as follows: | |
2097 | + | EH 1026—LS 6162/DI 92 49 | |
2098 | + | 1 (1) One (1) member shall be appointed by the administrator of the | |
2099 | + | 2 office to represent each of the following organizations: | |
2100 | + | 3 (A) Indiana Council of Community Mental Health Centers. | |
2101 | + | 4 (B) Indiana State Medical Association. | |
2102 | + | 5 (C) Indiana State Chapter of the American Academy of | |
2103 | + | 6 Pediatrics. | |
2104 | + | 7 (D) Indiana Hospital Association. | |
2105 | + | 8 (E) Indiana Dental Association. | |
2106 | + | 9 (F) Indiana State Psychiatric Association. | |
2107 | + | 10 (G) Indiana State Osteopathic Association. | |
2108 | + | 11 (H) Indiana State Nurses Association. | |
2109 | + | 12 (I) Indiana State Licensed Practical Nurses Association. | |
2110 | + | 13 (J) Indiana State Podiatry Association. | |
2111 | + | 14 (K) Indiana Health Care Association. | |
2112 | + | 15 (L) Indiana Optometric Association. | |
2113 | + | 16 (M) Indiana Pharmaceutical Association. | |
2114 | + | 17 (N) Indiana Psychological Association. | |
2115 | + | 18 (O) Indiana State Chiropractic Association. | |
2116 | + | 19 (P) Indiana Ambulance Association. | |
2117 | + | 20 (Q) Indiana Association for Home Care. | |
2118 | + | 21 (R) Indiana Academy of Ophthalmology. | |
2119 | + | 22 (S) Indiana Speech and Hearing Association. | |
2120 | + | 23 (T) Indiana Academy of Physician Assistants. | |
2121 | + | 24 (U) Indiana Association of Rehabilitation Facilities. | |
2122 | + | 25 (V) Indiana Association of Health Plans. | |
2123 | + | 26 (W) Indiana Primary Health Care Association. | |
2124 | + | 27 (2) Ten (10) members shall be appointed by the governor as | |
2125 | + | 28 follows: | |
2126 | + | 29 (A) One (1) member who represents agricultural interests. | |
2127 | + | 30 (B) One (1) member who represents business and industrial | |
2128 | + | 31 interests. | |
2129 | + | 32 (C) One (1) member who represents labor interests. | |
2130 | + | 33 (D) One (1) member who represents insurance interests. | |
2131 | + | 34 (E) One (1) member who represents a statewide taxpayer | |
2132 | + | 35 association. | |
2133 | + | 36 (F) Two (2) members who are parent advocates. | |
2134 | + | 37 (G) Three (3) members who represent Indiana citizens. | |
2135 | + | 38 (3) Six (6) members shall be appointed by the president pro | |
2136 | + | 39 tempore of the senate acting in the capacity as president pro | |
2137 | + | 40 tempore of the senate to represent the senate. Three (3) of the | |
2138 | + | 41 members appointed under this subdivision shall serve on the | |
2139 | + | 42 standing fiscal subcommittee created under section 8(b) of this | |
2140 | + | EH 1026—LS 6162/DI 92 50 | |
2141 | + | 1 chapter. | |
2142 | + | 2 (4) Six (6) members shall be appointed by the speaker of the | |
2143 | + | 3 house of representatives to represent the house of representatives. | |
2144 | + | 4 Three (3) of the members appointed under this subdivision shall | |
2145 | + | 5 serve on the standing fiscal subcommittee created under section | |
2146 | + | 6 8(b) of this chapter. | |
2147 | + | 7 (b) Notwithstanding subsection (a)(3), after consultation with the | |
2148 | + | 8 minority leader of the senate, the president pro tempore of the senate | |
2149 | + | 9 shall appoint three (3) of the members from the minority party of the | |
2150 | + | 10 senate. | |
2151 | + | 11 (c) Notwithstanding subsection (a)(4), after consultation with the | |
2152 | + | 12 minority leader of the house of representatives, the speaker of the | |
2153 | + | 13 house shall appoint three (3) of the members from the minority party | |
2154 | + | 14 of the house. | |
2155 | + | 15 (3) Three (3) members of the senate appointed by the | |
2156 | + | 16 president pro tempore of the senate. | |
2157 | + | 17 (4) Three (3) members of the senate appointed by the | |
2158 | + | 18 president pro tempore of the senate after consultation with | |
2159 | + | 19 the minority leader of the senate. | |
2160 | + | 20 (5) Three (3) members of the house of representatives | |
2161 | + | 21 appointed by the speaker of the house. | |
2162 | + | 22 (6) Three (3) members of the house of representatives | |
2163 | + | 23 appointed by the speaker of the house after consultation with | |
2164 | + | 24 the minority leader of the house. | |
2165 | + | 25 (b) The president pro tempore of the senate shall appoint three | |
2166 | + | 26 (3) of the commission members appointed under subsection (a)(3) | |
2167 | + | 27 and (a)(4) to the standing fiscal subcommittee created under | |
2168 | + | 28 section 8(b) of this chapter. | |
2169 | + | 29 (c) The speaker of the house shall appoint three (3) of the | |
2170 | + | 30 commission members appointed under subsection (a)(5) and (a)(6) | |
2171 | + | 31 to the standing fiscal subcommittee created under section 8(b) of | |
2172 | + | 32 this chapter. | |
2173 | + | 33 SECTION 88. IC 12-15-33-4 IS AMENDED TO READ AS | |
2174 | + | 34 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. (a) Subject to | |
2175 | + | 35 subsection (b), an appointment to the committee commission | |
2176 | + | 36 terminates July 1 of the year in which the appointment expires, expires | |
2177 | + | 37 in accordance with section 5 of this chapter, but a member serves | |
2178 | + | 38 until the member's successor is designated. | |
2179 | + | 39 (b) A member of the commission serves at the pleasure of the | |
2180 | + | 40 appointing authority who appointed the member to the | |
2181 | + | 41 commission. | |
2182 | + | 42 (c) A member of the commission may be reappointed to | |
2183 | + | EH 1026—LS 6162/DI 92 51 | |
2184 | + | 1 successive terms. | |
2185 | + | 2 (d) A vacancy on the commission shall be filled by the | |
2186 | + | 3 appropriate appointing authority. An individual appointed to fill | |
2187 | + | 4 a vacancy serves for the unexpired term of the individual's | |
2188 | + | 5 predecessor. | |
2189 | + | 6 SECTION 89. IC 12-15-33-5 IS AMENDED TO READ AS | |
2190 | + | 7 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5. (a) This | |
2191 | + | 8 subsection does not apply to a member of the general assembly | |
2192 | + | 9 appointed to the commission under section 3 of this chapter. An | |
2193 | + | 10 appointment to the committee commission is for a four (4) year term | |
2194 | + | 11 except the representatives of the senate and house of representatives, | |
2195 | + | 12 whose terms coincide with the representative's or senator's respective | |
2196 | + | 13 legislative terms. that expires as follows: | |
2197 | + | 14 (1) For a member appointed under section 3(a)(1)(A) through | |
2198 | + | 15 3(a)(1)(Q) of this chapter, December 31, 2025, and every | |
2199 | + | 16 fourth year thereafter. | |
2200 | + | 17 (2) For a member appointed under section 3(a)(1)(R) through | |
2201 | + | 18 3(a)(1)(W) of this chapter or under section 3(a)(2) of this | |
2202 | + | 19 chapter, December 31, 2027, and every fourth year thereafter. | |
2203 | + | 20 (b) This subsection applies only to a member of the general | |
2204 | + | 21 assembly appointed to the commission under section 3 of this | |
2205 | + | 22 chapter. The member serves a term of two (2) years that expires | |
2206 | + | 23 June 30 of each odd-numbered year. | |
2207 | + | 24 SECTION 90. IC 12-15-33-6 IS AMENDED TO READ AS | |
2208 | + | 25 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 6. The following | |
2209 | + | 26 shall serve as ex officio members of the committee: commission: | |
2210 | + | 27 (1) The state health commissioner or the commissioner's | |
2211 | + | 28 designee. | |
2212 | + | 29 (2) The director of the division of mental health and addiction or | |
2213 | + | 30 the director's designee. | |
2214 | + | 31 (3) The administrator of the office. | |
2215 | + | 32 SECTION 91. IC 12-15-33-7 IS AMENDED TO READ AS | |
2216 | + | 33 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7. The office shall | |
2217 | + | 34 provide staff support to the commission. The administrator of the | |
2218 | + | 35 office shall serve as secretary of the committee. commission. | |
2219 | + | 36 SECTION 92. IC 12-15-33-8, AS AMENDED BY P.L.140-2019, | |
2220 | + | 37 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
2221 | + | 38 UPON PASSAGE]: Sec. 8. (a) A subcommittee may be created as the | |
2222 | + | 39 committee commission considers necessary. | |
2223 | + | 40 (b) The committee commission shall create a standing fiscal | |
2224 | + | 41 subcommittee. | |
2225 | + | 42 (c) The chairman of each subcommittee must be a member of the | |
2226 | + | EH 1026—LS 6162/DI 92 52 | |
2227 | + | 1 committee. commission. | |
2228 | + | 2 (d) Subcommittees may convene as often as needed. | |
2229 | + | 3 SECTION 93. IC 12-15-33-9 IS AMENDED TO READ AS | |
2230 | + | 4 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 9. The committee | |
2231 | + | 5 commission shall do the following: | |
2232 | + | 6 (1) Meet at least four (4) times each year, one (1) time in each | |
2233 | + | 7 calendar quarter. | |
2234 | + | 8 (2) Hold special meetings that the committee commission or the | |
2235 | + | 9 secretary requests. | |
2236 | + | 10 SECTION 94. IC 12-15-33-10 IS REPEALED [EFFECTIVE UPON | |
2237 | + | 11 PASSAGE]. Sec. 10. (a) Appointed members of the committee other | |
2238 | + | 12 than members of the general assembly are entitled to receive travel | |
2239 | + | 13 allowance to and from regular or special meetings in accordance with | |
2240 | + | 14 the amounts set by and the provisions of the budget committee for state | |
2241 | + | 15 employees. | |
2242 | + | 16 (b) Each member of the committee who is a member of the general | |
2243 | + | 17 assembly is entitled to receive the same per diem, mileage, and travel | |
2244 | + | 18 allowances paid to legislative members of interim study committees | |
2245 | + | 19 established by the legislative council. Per diem, mileage, and travel | |
2246 | + | 20 allowances paid under this subsection shall be paid from appropriations | |
2247 | + | 21 made to the legislative council or the legislative services agency. | |
2248 | + | 22 SECTION 95. IC 12-15-33-11 IS ADDED TO THE INDIANA | |
2249 | + | 23 CODE AS A NEW SECTION TO READ AS FOLLOWS | |
2250 | + | 24 [EFFECTIVE UPON PASSAGE]: Sec. 11. (a) Each member of the | |
2251 | + | 25 commission who is not a state employee is entitled to the minimum | |
2252 | + | 26 salary per diem provided by IC 4-10-11-2.1(b). The member is also | |
2253 | + | 27 entitled to reimbursement for mileage, traveling expenses as | |
2254 | + | 28 provided under IC 4-13-1-4, and other expenses actually incurred | |
2255 | + | 29 in connection with the member's duties as provided in the state | |
2256 | + | 30 policies and procedures established by the Indiana department of | |
2257 | + | 31 administration and approved by the budget agency. | |
2258 | + | 32 (b) Each member of the commission who is a state employee is | |
2259 | + | 33 entitled to reimbursement for traveling expenses as provided under | |
2260 | + | 34 IC 4-13-1-4 and other expenses actually incurred in connection | |
2261 | + | 35 with the member's duties as provided in the state policies and | |
2262 | + | 36 procedures established by the Indiana department of | |
2263 | + | 37 administration and approved by the budget agency. | |
2264 | + | 38 (c) Each member of the commission who is a member of the | |
2265 | + | 39 general assembly is entitled to receive the same per diem, mileage, | |
2266 | + | 40 and travel allowances paid to legislative members of interim study | |
2267 | + | 41 committees established by the legislative council. Per diem, | |
2268 | + | 42 mileage, and travel allowances paid under this subsection shall be | |
2269 | + | EH 1026—LS 6162/DI 92 53 | |
2270 | + | 1 paid from appropriations made to the legislative council or the | |
2271 | + | 2 legislative services agency. | |
2272 | + | 3 (d) Expenses paid under subsections (a) and (b) shall be paid | |
2273 | + | 4 from appropriations made to the family and social services | |
2274 | + | 5 administration. | |
2275 | + | 6 SECTION 96. IC 12-15-47.3 IS REPEALED [EFFECTIVE UPON | |
2276 | + | 7 PASSAGE]. (Medicaid Oversight Committee). | |
2277 | + | 8 SECTION 97. IC 13-13-7.1-2, AS ADDED BY P.L.53-2014, | |
2278 | + | 9 SECTION 119, IS AMENDED TO READ AS FOLLOWS | |
2279 | + | 10 [EFFECTIVE UPON PASSAGE]: Sec. 2. The panel consists of the | |
2280 | + | 11 following members: | |
2281 | + | 12 (1) Two (2) members appointed by the president pro tempore of | |
2282 | + | 13 the senate who are members of the senate and who are owners of, | |
2283 | + | 14 or who have an interest in, a small business stationary source. Not | |
2284 | + | 15 more than one (1) of the members appointed under this | |
2285 | + | 16 subdivision may be members of the same political party. | |
2286 | + | 17 (2) Two (2) members appointed by the speaker of the house of | |
2287 | + | 18 representatives who are members of the house of representatives | |
2288 | + | 19 and who are owners of, or who have an interest in, a small | |
2289 | + | 20 business stationary source. Not more than one (1) of the members | |
2290 | + | 21 appointed under this subdivision may be affiliated with the same | |
2291 | + | 22 political party. | |
2292 | + | 23 (3) Two (2) members appointed by the governor to represent the | |
2293 | + | 24 public who are not members of the general assembly, owners of | |
2294 | + | 25 a small business stationary source, or representatives of owners | |
2295 | + | 26 of small business stationary sources. Not more than one (1) | |
2296 | + | 27 member appointed under this subdivision may be a solid waste | |
2297 | + | 28 management district director and not more than one (1) member | |
2298 | + | 29 appointed under this subdivision may be affiliated with the same | |
2299 | + | 30 political party. | |
2300 | + | 31 (4) The commissioner of the department of environmental | |
2301 | + | 32 management or the commissioner's designee. | |
2302 | + | 33 SECTION 98. IC 13-13-7.1-3, AS AMENDED BY P.L.85-2017, | |
2303 | + | 34 SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
2304 | + | 35 UPON PASSAGE]: Sec. 3. (a) The term of a member appointed to the | |
2305 | + | 36 panel under section 2(1) or 2(2) of this chapter is two (2) years and | |
2306 | + | 37 expires June 30 of each odd-numbered year. | |
2307 | + | 38 (b) The term of a member appointed to the panel under section | |
2308 | + | 39 2(3) of this chapter is four (4) years. The term expires June 30, | |
2309 | + | 40 2025, and each fourth year thereafter. | |
2310 | + | 41 (c) Members of the panel may be reappointed to successive | |
2311 | + | 42 terms. However, an appointing authority may replace a member at any | |
2312 | + | EH 1026—LS 6162/DI 92 54 | |
2313 | + | 1 time during the member's term. | |
2314 | + | 2 SECTION 99. IC 13-13-7.1-6, AS ADDED BY P.L.53-2014, | |
2315 | + | 3 SECTION 119, IS AMENDED TO READ AS FOLLOWS | |
2316 | + | 4 [EFFECTIVE UPON PASSAGE]: Sec. 6. The chairman chairperson | |
2317 | + | 5 of the legislative council shall appoint the chair of the panel from the | |
2318 | + | 6 members appointed under section 2(1) or 2(2) of this chapter. The chair | |
2319 | + | 7 of the panel serves at the pleasure of the chairman chairperson of the | |
2320 | + | 8 legislative council. The panel shall meet at the call of the | |
2321 | + | 9 chairperson. | |
2322 | + | 10 SECTION 100. IC 13-13-7.1-7, AS ADDED BY P.L.53-2014, | |
2323 | + | 11 SECTION 119, IS AMENDED TO READ AS FOLLOWS | |
2324 | + | 12 [EFFECTIVE UPON PASSAGE]: Sec. 7. Each member of the panel | |
2325 | + | 13 who is not a state employee is entitled to the minimum salary per diem | |
2326 | + | 14 provided by IC 4-10-11-2.1(b). The member also is entitled to | |
2327 | + | 15 reimbursement for mileage, traveling expenses as provided under | |
2328 | + | 16 IC 4-13-1-4, and other expenses actually incurred in connection with | |
2329 | + | 17 the member's duties as provided in the state policies and procedures | |
2330 | + | 18 established by the Indiana department of administration and approved | |
2331 | + | 19 by the budget agency. | |
2332 | + | 20 SECTION 101. IC 13-13-7.1-8, AS ADDED BY P.L.53-2014, | |
2333 | + | 21 SECTION 119, IS AMENDED TO READ AS FOLLOWS | |
2334 | + | 22 [EFFECTIVE UPON PASSAGE]: Sec. 8. Each member of the panel | |
2335 | + | 23 who is a state employee but who is not a member of the general | |
2336 | + | 24 assembly is entitled to reimbursement for traveling expenses as | |
2337 | + | 25 provided under IC 4-13-1-4 and other expenses actually incurred in | |
2338 | + | 26 connection with the member's duties as provided in the state policies | |
2339 | + | 27 and procedures established by the Indiana department of administration | |
2340 | + | 28 and approved by the budget agency. | |
2341 | + | 29 SECTION 102. IC 13-13-7.1-12, AS ADDED BY P.L.53-2014, | |
2342 | + | 30 SECTION 119, IS AMENDED TO READ AS FOLLOWS | |
2343 | + | 31 [EFFECTIVE UPON PASSAGE]: Sec. 12. The department of | |
2344 | + | 32 environmental management shall provide administrative and | |
2345 | + | 33 technical support to the panel as provided in IC 13-28-3-2, including | |
2346 | + | 34 duties related to the development and dissemination of reports and | |
2347 | + | 35 advisory opinions. | |
2348 | + | 36 SECTION 103. IC 13-13-7.1-13, AS ADDED BY P.L.53-2014, | |
2349 | + | 37 SECTION 119, IS AMENDED TO READ AS FOLLOWS | |
2350 | + | 38 [EFFECTIVE UPON PASSAGE]: Sec. 13. Except as provided in | |
2351 | + | 39 section 9 of this chapter, the expenses of the panel shall be paid from | |
2352 | + | 40 appropriations to the department of environmental management. | |
2353 | + | 41 SECTION 104. IC 14-8-2-218 IS AMENDED TO READ AS | |
2354 | + | 42 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 218. "Project | |
2355 | + | EH 1026—LS 6162/DI 92 55 | |
2356 | + | 1 committee", commission", for purposes of IC 14-12-2, has the | |
2357 | + | 2 meaning set forth in IC 14-12-2-5. | |
2358 | + | 3 SECTION 105. IC 14-12-2-5, AS AMENDED BY P.L.172-2016, | |
2359 | + | 4 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
2360 | + | 5 UPON PASSAGE]: Sec. 5. As used in this chapter, "project | |
2361 | + | 6 committee" commission" refers to the President Benjamin Harrison | |
2362 | + | 7 conservation trust project committee commission established by this | |
2363 | + | 8 chapter. | |
2364 | + | 9 SECTION 106. IC 14-12-2-14, AS AMENDED BY P.L.127-2022, | |
2365 | + | 10 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
2366 | + | 11 UPON PASSAGE]: Sec. 14. (a) The President Benjamin Harrison | |
2367 | + | 12 conservation trust project committee commission is established. | |
2368 | + | 13 (b) The project committee commission consists of the following | |
2369 | + | 14 twenty (20) members: | |
2370 | + | 15 (1) The director of the division of fish and wildlife. | |
2371 | + | 16 (2) The director of the division of forestry. | |
2372 | + | 17 (3) The director of the division of nature preserves. | |
2373 | + | 18 (4) The director of the division of state parks. | |
2374 | + | 19 (5) The chief executive officer of the Indiana state museum and | |
2375 | + | 20 historic sites corporation established by IC 4-37-2-1. | |
2376 | + | 21 (6) The chairperson of the board of directors of the natural | |
2377 | + | 22 resources foundation. | |
2378 | + | 23 (7) Ten (10) individuals appointed by the governor. The governor | |
2379 | + | 24 shall appoint individuals so that all the following are satisfied: | |
2380 | + | 25 (A) The individuals must be residents of Indiana. | |
2381 | + | 26 (B) The individuals must have a demonstrated interest or | |
2382 | + | 27 experience in: | |
2383 | + | 28 (i) conservation of natural resources; or | |
2384 | + | 29 (ii) management of public property. | |
2385 | + | 30 (C) There must be two (2) committee commission members | |
2386 | + | 31 from each of the following regions of Indiana: | |
2387 | + | 32 (i) Northwest. | |
2388 | + | 33 (ii) Northeast. | |
2389 | + | 34 (iii) Southwest. | |
2390 | + | 35 (iv) Southeast. | |
2391 | + | 36 (v) Central. | |
2392 | + | 37 (8) The following four (4) nonvoting members: | |
2393 | + | 38 (A) One (1) member of the house of representatives appointed | |
2394 | + | 39 by the speaker of the house of representatives. | |
2395 | + | 40 (B) One (1) member of the house of representatives appointed | |
2396 | + | 41 by the minority leader of the house of representatives. | |
2397 | + | 42 (C) One (1) member of the senate appointed by the president | |
2398 | + | EH 1026—LS 6162/DI 92 56 | |
2399 | + | 1 pro tempore of the senate. | |
2400 | + | 2 (D) One (1) member of the senate appointed by the minority | |
2401 | + | 3 leader of the senate. | |
2402 | + | 4 (c) The individuals appointed by the governor under subsection | |
2403 | + | 5 (b)(7) must represent one (1) or more of the following: | |
2404 | + | 6 (1) The environmentalist community. | |
2405 | + | 7 (2) The land trust community. | |
2406 | + | 8 (3) Organized hunting and fishing groups. | |
2407 | + | 9 (4) The forest products community. | |
2408 | + | 10 (5) The parks and recreation community. | |
2409 | + | 11 Each group and community listed in subdivisions (1) through (5) must | |
2410 | + | 12 be represented on the project committee. commission. | |
2411 | + | 13 SECTION 107. IC 14-12-2-15, AS AMENDED BY P.L.127-2022, | |
2412 | + | 14 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
2413 | + | 15 UPON PASSAGE]: Sec. 15. (a) As used in this section, "appointing | |
2414 | + | 16 authority" refers to: | |
2415 | + | 17 (1) the governor in the case of a member appointed under section | |
2416 | + | 18 14(b)(7) of this chapter; or | |
2417 | + | 19 (2) the speaker of the house of representatives, the minority leader | |
2418 | + | 20 of the house of representatives, the president pro tempore of the | |
2419 | + | 21 senate, or the minority leader of the senate in the case of a | |
2420 | + | 22 member appointed under section 14(b)(8) of this chapter, | |
2421 | + | 23 whichever is applicable. | |
2422 | + | 24 (b) As used in this section, "member" refers to a member of the | |
2423 | + | 25 project committee commission appointed under section 14(b)(7) | |
2424 | + | 26 through 14(b)(8) of this chapter. | |
2425 | + | 27 (c) Except as provided in subsection (e), the term of a member | |
2426 | + | 28 begins on the later of the following: | |
2427 | + | 29 (1) The day the term of the member who the individual is | |
2428 | + | 30 appointed to succeed expires. | |
2429 | + | 31 (2) The day the individual is appointed by the appointing | |
2430 | + | 32 authority. | |
2431 | + | 33 (d) Except as provided in subsection (e), the term of a member | |
2432 | + | 34 expires July 1 of the second year after the member is appointed or until | |
2433 | + | 35 a successor is appointed. However, a member serves at the pleasure of | |
2434 | + | 36 the appointing authority. | |
2435 | + | 37 (e) This subsection applies to a member appointed under section | |
2436 | + | 38 14(b)(8) of this chapter. The member's term begins on the date of the | |
2437 | + | 39 appointment and ends on the last day of the member's term as a | |
2438 | + | 40 member of the general assembly. However, the member serves at the | |
2439 | + | 41 pleasure of the appointing authority. | |
2440 | + | 42 (d) A member serves at the pleasure of the appointing authority. | |
2441 | + | EH 1026—LS 6162/DI 92 57 | |
2442 | + | 1 The term of a member expires as follows: | |
2443 | + | 2 (1) June 30 of an odd-numbered year for a member appointed | |
2444 | + | 3 under section 14(b)(8) of this chapter. | |
2445 | + | 4 (2) June 30, 2025, and each fourth year thereafter for a | |
2446 | + | 5 member appointed under section 14(b)(7)(C)(i), | |
2447 | + | 6 14(b)(7)(C)(iii), or 14(b)(7)(C)(v) of this chapter. | |
2448 | + | 7 (3) December 31, 2025, and each fourth year thereafter for a | |
2449 | + | 8 member appointed under section 14(b)(7)(C)(ii) or | |
2450 | + | 9 14(b)(7)(C)(iv) of this chapter. | |
2451 | + | 10 (f) (e) The appointing authority may reappoint a member for a new | |
2452 | + | 11 term. | |
2453 | + | 12 (g) (f) The appointing authority shall appoint an individual to fill a | |
2454 | + | 13 vacancy among the members. An individual appointed to fill a | |
2455 | + | 14 vacancy serves for the unexpired term of the individual's | |
2456 | + | 15 predecessor. | |
2457 | + | 16 SECTION 108. IC 14-12-2-16, AS AMENDED BY P.L.172-2016, | |
2458 | + | 17 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
2459 | + | 18 UPON PASSAGE]: Sec. 16. The governor shall appoint the chair and | |
2460 | + | 19 vice chair of the project committee commission from among the | |
2461 | + | 20 members of the committee. commission. | |
2462 | + | 21 SECTION 109. IC 14-12-2-17 IS AMENDED TO READ AS | |
2463 | + | 22 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 17. (a) The project | |
2464 | + | 23 committee commission shall meet at least quarterly and at the call of | |
2465 | + | 24 the chairman. | |
2466 | + | 25 (b) The project committee commission may convene a meeting at | |
2467 | + | 26 any location in Indiana. | |
2468 | + | 27 (c) The project committee commission shall plan and conduct | |
2469 | + | 28 meetings in a manner that promotes broad public participation and | |
2470 | + | 29 ensures that the views of the members of the public attending the | |
2471 | + | 30 meetings may be fairly presented. | |
2472 | + | 31 (d) The department of natural resources shall provide staff | |
2473 | + | 32 support to the project commission. | |
2474 | + | 33 SECTION 110. IC 14-12-2-18, AS AMENDED BY P.L.127-2022, | |
2475 | + | 34 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
2476 | + | 35 UPON PASSAGE]: Sec. 18. (a) Eight (8) members of the project | |
2477 | + | 36 committee commission constitute a quorum. | |
2478 | + | 37 (b) The affirmative vote of a majority of the voting members of the | |
2479 | + | 38 project committee commission present and voting is necessary for the | |
2480 | + | 39 project committee commission to take any action. | |
2481 | + | 40 (c) A member of the project committee commission described in | |
2482 | + | 41 section 14(b)(1) through 14(b)(5) of this chapter may designate in | |
2483 | + | 42 writing a representative from the respective division to serve as a | |
2484 | + | EH 1026—LS 6162/DI 92 58 | |
2485 | + | 1 member of the project committee commission when the member of the | |
2486 | + | 2 project committee commission is unable to attend a meeting. | |
2487 | + | 3 SECTION 111. IC 14-12-2-19, AS AMENDED BY P.L.172-2016, | |
2488 | + | 4 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
2489 | + | 5 UPON PASSAGE]: Sec. 19. The purpose of the project committee | |
2490 | + | 6 commission is to do the following: | |
2491 | + | 7 (1) Provide technical review of proposed projects under this | |
2492 | + | 8 chapter. | |
2493 | + | 9 (2) Determine whether a proposed project under this chapter | |
2494 | + | 10 should be approved. | |
2495 | + | 11 (3) Develop and periodically review guidelines for the review | |
2496 | + | 12 process. | |
2497 | + | 13 (4) Perform other duties imposed upon the project committee | |
2498 | + | 14 commission by this chapter. | |
2499 | + | 15 SECTION 112. IC 14-12-2-20, AS AMENDED BY P.L.172-2016, | |
2500 | + | 16 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
2501 | + | 17 UPON PASSAGE]: Sec. 20. (a) As used in this section, "member" | |
2502 | + | 18 refers to a member of the project committee. commission. | |
2503 | + | 19 (b) Each member who is not a state employee is entitled to the | |
2504 | + | 20 minimum salary per diem provided by IC 4-10-11-2.1(b). The member | |
2505 | + | 21 is also entitled to reimbursement for mileage, traveling expenses as | |
2506 | + | 22 provided under IC 4-13-1-4, and other expenses actually incurred in | |
2507 | + | 23 connection with the member's duties as provided in the state policies | |
2508 | + | 24 and procedures established by the Indiana department of administration | |
2509 | + | 25 and approved by the budget agency. | |
2510 | + | 26 (c) Each member who is a state employee is entitled to | |
2511 | + | 27 reimbursement for traveling expenses as provided under IC 4-13-1-4 | |
2512 | + | 28 and other expenses actually incurred in connection with the member's | |
2513 | + | 29 duties as provided in the state policies and procedures established by | |
2514 | + | 30 the Indiana department of administration and approved by the budget | |
2515 | + | 31 agency. | |
2516 | + | 32 (d) Each member who is a member of the general assembly is | |
2517 | + | 33 entitled to receive the same per diem, mileage, and travel allowances | |
2518 | + | 34 paid to members of the general assembly serving on interim study | |
2519 | + | 35 committees established by the legislative council. Per diem, mileage, | |
2520 | + | 36 and travel allowances paid under this subsection shall be paid from | |
2521 | + | 37 appropriations made to the legislative council or the legislative | |
2522 | + | 38 services agency. | |
2523 | + | 39 (e) Expenses paid under subsections (b) and (c) shall be paid | |
2524 | + | 40 from appropriations made to the department of natural resources. | |
2525 | + | 41 SECTION 113. IC 14-12-2-21, AS AMENDED BY P.L.172-2016, | |
2526 | + | 42 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
2527 | + | EH 1026—LS 6162/DI 92 59 | |
2528 | + | 1 UPON PASSAGE]: Sec. 21. (a) The following procedure must be | |
2529 | + | 2 followed before money from the fund may be used to acquire property | |
2530 | + | 3 for a project under this chapter: | |
2531 | + | 4 (1) The project committee commission must review and approve | |
2532 | + | 5 a project requiring the acquisition of the property. | |
2533 | + | 6 (2) The project committee commission must recommend the | |
2534 | + | 7 project to the governor for approval. | |
2535 | + | 8 (3) The governor must approve the project as recommended by | |
2536 | + | 9 the project committee commission and inform the director of the | |
2537 | + | 10 department of the governor's approval. | |
2538 | + | 11 (b) When the procedure under subsection (a) is completed, the | |
2539 | + | 12 department shall acquire the property subject to the project according | |
2540 | + | 13 to Indiana law. | |
2541 | + | 14 SECTION 114. IC 14-12-2-24, AS AMENDED BY P.L.172-2016, | |
2542 | + | 15 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
2543 | + | 16 UPON PASSAGE]: Sec. 24. The project committee commission shall, | |
2544 | + | 17 with the assistance of the department, adopt and make available to the | |
2545 | + | 18 public a strategic plan to implement the purposes of this chapter. | |
2546 | + | 19 SECTION 115. IC 14-12-2-26, AS AMENDED BY P.L.172-2016, | |
2547 | + | 20 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
2548 | + | 21 UPON PASSAGE]: Sec. 26. (a) The following accounts are established | |
2549 | + | 22 within the fund: | |
2550 | + | 23 (1) The state parks account. Money in this account may be used | |
2551 | + | 24 only to purchase property for state park, historic site, or | |
2552 | + | 25 archeological site purposes. | |
2553 | + | 26 (2) The state forests account. Money in this account may be used | |
2554 | + | 27 only to purchase property for state forest purposes. | |
2555 | + | 28 (3) The nature preserves account. Money in this account may be | |
2556 | + | 29 used only to purchase property for nature preserve purposes. | |
2557 | + | 30 (4) The fish and wildlife account. Money in this account may be | |
2558 | + | 31 used only to purchase property for fish or wildlife management | |
2559 | + | 32 purposes. | |
2560 | + | 33 (5) The outdoor recreation and trails account. Money in this | |
2561 | + | 34 account may be used only to purchase property for outdoor | |
2562 | + | 35 recreation purposes. | |
2563 | + | 36 (6) The stewardship account. Money in this account may be used | |
2564 | + | 37 only for the following purposes: | |
2565 | + | 38 (A) Maintenance of property acquired under this chapter. | |
2566 | + | 39 (B) Costs of removal of structures, debris, and other property | |
2567 | + | 40 that is unsuitable for the intended use of the property to be | |
2568 | + | 41 acquired. | |
2569 | + | 42 (C) Costs of site preparation related to any of the following: | |
2570 | + | EH 1026—LS 6162/DI 92 60 | |
2571 | + | 1 (i) The public use of the property, such as fences, rest | |
2572 | + | 2 rooms, public ways, trails, and signs. | |
2573 | + | 3 (ii) Protecting or preserving the property's natural | |
2574 | + | 4 environment. | |
2575 | + | 5 (iii) Returning the property to the property's natural state. | |
2576 | + | 6 (D) Not more than ten percent (10%) of the money in the | |
2577 | + | 7 account for the promotion of the purposes of the President | |
2578 | + | 8 Benjamin Harrison conservation trust program. | |
2579 | + | 9 (E) To monitor conservation easements acquired under this | |
2580 | + | 10 chapter. | |
2581 | + | 11 (7) The discretionary account. Subject to section 31.5 of this | |
2582 | + | 12 chapter, money in this account may be used for any purpose for | |
2583 | + | 13 which the accounts listed in subdivisions (1) through (6) may be | |
2584 | + | 14 used. | |
2585 | + | 15 (b) Money in the accounts of the trust fund may be used as | |
2586 | + | 16 described in subsection (a) and section 31.5 of this chapter for a state | |
2587 | + | 17 or local project approved by the project committee. commission. | |
2588 | + | 18 SECTION 116. IC 14-12-2-33, AS AMENDED BY P.L.172-2016, | |
2589 | + | 19 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
2590 | + | 20 UPON PASSAGE]: Sec. 33. Before October 1 of each year, the project | |
2591 | + | 21 committee commission shall prepare a report concerning the program | |
2592 | + | 22 established by this chapter for the public and the general assembly. A | |
2593 | + | 23 report prepared for the general assembly must be in an electronic | |
2594 | + | 24 format under IC 5-14-6. | |
2595 | + | 25 SECTION 117. IC 14-13-1-7 IS AMENDED TO READ AS | |
2596 | + | 26 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7. (a) The term of | |
2597 | + | 27 a voting member appointed under section 6(4) of this chapter is four | |
2598 | + | 28 (4) years. The term expires December 31, 2025, and each fourth | |
2599 | + | 29 year thereafter. | |
2600 | + | 30 (b) However, The governor shall fill a vacancy occurring among | |
2601 | + | 31 the members described in subsection (a). If an appointee is appointed | |
2602 | + | 32 to serve an unexpired term, the appointee serves only until the end of | |
2603 | + | 33 the unexpired term. | |
2604 | + | 34 SECTION 118. IC 14-13-1-9, AS AMENDED BY P.L.123-2018, | |
2605 | + | 35 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
2606 | + | 36 UPON PASSAGE]: Sec. 9. (a) In addition to the voting members of the | |
2607 | + | 37 commission, the governor shall appoint four (4) legislative members | |
2608 | + | 38 from the general assembly from recommendations made by the speaker | |
2609 | + | 39 of the house of representatives and the president pro tempore of the | |
2610 | + | 40 senate as follows: | |
2611 | + | 41 (1) Two (2) legislative members must be members of the house | |
2612 | + | 42 of representatives, but may not be members of the same political | |
2613 | + | EH 1026—LS 6162/DI 92 61 | |
2614 | + | 1 party. | |
2615 | + | 2 (2) Two (2) legislative members must be members of the senate, | |
2616 | + | 3 but may not be members of the same political party. | |
2617 | + | 4 (b) The legislative members may not: | |
2618 | + | 5 (1) vote in proceedings of the commission; and | |
2619 | + | 6 (2) be counted for purposes of establishing a quorum. | |
2620 | + | 7 (c) The legislative members appointed under subsections | |
2621 | + | 8 subsection (a)(1) and (a)(2) must meet the following criteria: | |
2622 | + | 9 (1) At least one (1) member appointed under subsection (a)(1) | |
2623 | + | 10 must represent the legislative district that includes White River | |
2624 | + | 11 State Park. | |
2625 | + | 12 (2) At least one (1) member appointed under subsection (a)(2) | |
2626 | + | 13 must represent the legislative district that includes White River | |
2627 | + | 14 State Park. | |
2628 | + | 15 (d) The term of a legislative member is four (4) two (2) years. | |
2629 | + | 16 except for the following: Subject to the following, the term expires | |
2630 | + | 17 June 30 of an odd-numbered year: | |
2631 | + | 18 (1) A legislative member's membership on the commission is | |
2632 | + | 19 terminated when the legislative member ceases to be a member of | |
2633 | + | 20 the general assembly. | |
2634 | + | 21 (2) A legislative member appointed to serve an unexpired term | |
2635 | + | 22 may serve only until the end of that term. | |
2636 | + | 23 (e) If a vacancy occurs among the legislative members, the | |
2637 | + | 24 governor shall fill the vacancy as recommended by the speaker of | |
2638 | + | 25 the house of representatives or the president pro tempore of the | |
2639 | + | 26 senate, as appropriate. The governor shall ensure that the | |
2640 | + | 27 legislator appointed to fill the vacancy meets the criteria set forth | |
2641 | + | 28 in subsections (a) and (c). | |
2642 | + | 29 SECTION 119. IC 14-13-1-13 IS AMENDED TO READ AS | |
2643 | + | 30 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 13. (a) Each voting | |
2644 | + | 31 member who is a state employee is entitled to reimbursement for | |
2645 | + | 32 traveling and other expenses as provided in the state travel policies and | |
2646 | + | 33 procedures established by the Indiana department of administration and | |
2647 | + | 34 approved by the budget agency. | |
2648 | + | 35 (b) Each voting member who is not a state employee is entitled to | |
2649 | + | 36 the minimum salary per diem as provided in IC 4-10-11-2.1(b), | |
2650 | + | 37 mileage, and reimbursement for traveling and other expenses as | |
2651 | + | 38 provided in the state travel policies and procedures established by | |
2652 | + | 39 the Indiana department of administration and approved by the | |
2653 | + | 40 budget agency. | |
2654 | + | 41 (b) (c) Each legislative member of the commission is entitled to | |
2655 | + | 42 receive the same per diem, mileage, and travel allowances paid to | |
2656 | + | EH 1026—LS 6162/DI 92 62 | |
2657 | + | 1 members of the general assembly serving on interim study committees | |
2658 | + | 2 established by the legislative council. Per diem, mileage, and travel | |
2659 | + | 3 allowances paid under this subsection shall be paid from | |
2660 | + | 4 appropriations made to the legislative council or the legislative | |
2661 | + | 5 services agency. | |
2662 | + | 6 (d) Expenses paid under subsections (a) and (b) shall be paid | |
2663 | + | 7 from appropriations to the commission. | |
2664 | + | 8 SECTION 120. IC 14-20-15-4, AS AMENDED BY P.L.78-2019, | |
2665 | + | 9 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
2666 | + | 10 UPON PASSAGE]: Sec. 4. (a) The commission consists of the | |
2667 | + | 11 following members: | |
2668 | + | 12 (1) Two (2) members of the house of representatives, to be | |
2669 | + | 13 appointed by the speaker of the house of representatives. The | |
2670 | + | 14 members appointed under this subdivision may not be members | |
2671 | + | 15 of the same political party. | |
2672 | + | 16 (2) Two (2) members of the senate, to be appointed by the | |
2673 | + | 17 president pro tempore of the senate. The members appointed | |
2674 | + | 18 under this subdivision may not be members of the same political | |
2675 | + | 19 party. | |
2676 | + | 20 (3) The governor or the governor's designee. | |
2677 | + | 21 (4) The director of the department of natural resources or the | |
2678 | + | 22 director's designee. | |
2679 | + | 23 (5) One (1) employee of the office of tourism development with | |
2680 | + | 24 expertise in the tourism or film industry, to be designated by the | |
2681 | + | 25 director of the office of tourism development (before July 1, | |
2682 | + | 26 2020). After June 30, 2020, one (1) employee of the Indiana | |
2683 | + | 27 destination development corporation with expertise in the tourism | |
2684 | + | 28 or film industry, to be designated by the director of the | |
2685 | + | 29 corporation. | |
2686 | + | 30 (6) One (1) member of the Indiana historical society, to be | |
2687 | + | 31 appointed by the governor. | |
2688 | + | 32 (7) Three (3) Indiana citizens, to be appointed by the governor. | |
2689 | + | 33 Not more than two (2) members appointed under this subdivision | |
2690 | + | 34 may be members of the same political party. | |
2691 | + | 35 (b) The term of a member of the commission appointed under | |
2692 | + | 36 subsection (a)(6) or (a)(7) expires as follows: | |
2693 | + | 37 (1) For a member appointed under subsection (a)(6), June 30, | |
2694 | + | 38 2025, and every fourth year thereafter. | |
2695 | + | 39 (2) For one (1) of the citizens appointed under subsection | |
2696 | + | 40 (a)(7), as determined by the governor, June 30, 2025, and | |
2697 | + | 41 every fourth year thereafter. | |
2698 | + | 42 (3) For two (2) of the citizens appointed under subsection | |
2699 | + | EH 1026—LS 6162/DI 92 63 | |
2700 | + | 1 (a)(7), as determined by the governor, June 30, 2027, and | |
2701 | + | 2 every fourth year thereafter. | |
2702 | + | 3 (c) A member of the general assembly appointed to the | |
2703 | + | 4 commission serves a two (2) year term that expires June 30 of an | |
2704 | + | 5 odd-numbered year. | |
2705 | + | 6 (d) A member of the commission appointed under subsection (a) | |
2706 | + | 7 serves at the pleasure of the member's appointing authority and | |
2707 | + | 8 may be reappointed to successive terms. | |
2708 | + | 9 (e) A vacancy on the commission shall be filled by the | |
2709 | + | 10 appropriate appointing authority. An individual appointed to fill | |
2710 | + | 11 a vacancy serves for the unexpired term of the individual's | |
2711 | + | 12 predecessor. | |
2712 | + | 13 SECTION 121. IC 14-20-15-6.5 IS ADDED TO THE INDIANA | |
2713 | + | 14 CODE AS A NEW SECTION TO READ AS FOLLOWS | |
2714 | + | 15 [EFFECTIVE UPON PASSAGE]: Sec. 6.5. The commission shall | |
2715 | + | 16 ensure that it has the staff support necessary to carry out the | |
2716 | + | 17 commission's duties under this chapter. | |
2717 | + | 18 SECTION 122. IC 14-20-15-9, AS AMENDED BY P.L.198-2016, | |
2718 | + | 19 SECTION 645, IS AMENDED TO READ AS FOLLOWS | |
2719 | + | 20 [EFFECTIVE UPON PASSAGE]: Sec. 9. Except as provided in | |
2720 | + | 21 section 10(c) of this chapter, the expenses of the commission shall be | |
2721 | + | 22 paid from the money transferred to the commission from the Lewis and | |
2722 | + | 23 Clark expedition fund established by IC 9-18.5-26-4. | |
2723 | + | 24 SECTION 123. IC 14-20-15-10 IS AMENDED TO READ AS | |
2724 | + | 25 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 10. (a) Each | |
2725 | + | 26 member of the commission who is not a state employee is entitled to | |
2726 | + | 27 the minimum salary per diem provided by IC 4-10-11-2.1(b). The | |
2727 | + | 28 member is also entitled to reimbursement for mileage, traveling | |
2728 | + | 29 expenses as provided under IC 4-13-1-4, and other expenses actually | |
2729 | + | 30 incurred in connection with the member's duties as provided in the state | |
2730 | + | 31 policies and procedures established by the Indiana department of | |
2731 | + | 32 administration and approved by the budget agency. | |
2732 | + | 33 (b) Each member of the commission who is a state employee but | |
2733 | + | 34 who is not a member of the general assembly is entitled to | |
2734 | + | 35 reimbursement for traveling expenses as provided under IC 4-13-1-4 | |
2735 | + | 36 and other expenses actually incurred in connection with the member's | |
2736 | + | 37 duties as provided in the state policies and procedures established by | |
2737 | + | 38 the Indiana department of administration and approved by the budget | |
2738 | + | 39 agency. | |
2739 | + | 40 (c) Each member of the commission who is a member of the general | |
2740 | + | 41 assembly is entitled to receive the same per diem, mileage, and travel | |
2741 | + | 42 allowances paid to legislative members of interim study committees | |
2742 | + | EH 1026—LS 6162/DI 92 64 | |
2743 | + | 1 established by the legislative council. Per diem, mileage, and travel | |
2744 | + | 2 allowances paid under this subsection shall be paid from | |
2745 | + | 3 appropriations made to the legislative council or the legislative | |
2746 | + | 4 services agency. | |
2747 | + | 5 SECTION 124. IC 15-15-12-17, AS AMENDED BY P.L.98-2012, | |
2748 | + | 6 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
2749 | + | 7 UPON PASSAGE]: Sec. 17. (a) The Indiana corn marketing council is | |
2750 | + | 8 established. The council is a public body corporate and politic, and | |
2751 | + | 9 though it is separate from the state, the exercise by the council of its | |
2752 | + | 10 powers constitutes an essential governmental function. The council | |
2753 | + | 11 may sue and be sued and plead and be impleaded. | |
2754 | + | 12 (b) The council consists of seventeen (17) voting and eight (8) ex | |
2755 | + | 13 officio, nonvoting members. The elected members from districts listed | |
2756 | + | 14 under section 21(a) of this chapter must: | |
2757 | + | 15 (1) be registered as voters in Indiana; | |
2758 | + | 16 (2) be at least eighteen (18) years of age; | |
2759 | + | 17 (3) be producers; and | |
2760 | + | 18 (4) have an assessment on corn under section 32 of this chapter | |
2761 | + | 19 made during the previous two (2) years. | |
2762 | + | 20 (c) Each elected member of the council must reside in the district | |
2763 | + | 21 identified in section 21(a) of this chapter from which the member is | |
2764 | + | 22 elected. | |
2765 | + | 23 (d) Each member of the council who is not a state employee or a | |
2766 | + | 24 member of the general assembly is entitled to reimbursement for | |
2767 | + | 25 mileage, traveling expenses, and other expenses actually incurred in | |
2768 | + | 26 connection with the member's duties, as provided in the state travel | |
2769 | + | 27 policies and procedures established by the Indiana department of | |
2770 | + | 28 administration and approved by the budget agency. However, Except | |
2771 | + | 29 as provided in section 21 of this chapter, council members are not | |
2772 | + | 30 entitled to a salary or per diem. | |
2773 | + | 31 (e) Each member of the council who is a state employee is | |
2774 | + | 32 entitled to reimbursement for traveling expenses as provided under | |
2775 | + | 33 IC 4-13-1-4 and other expenses actually incurred in connection | |
2776 | + | 34 with the member's duties as provided in the state policies and | |
2777 | + | 35 procedures established by the Indiana department of | |
2778 | + | 36 administration and approved by the budget agency. | |
2779 | + | 37 (f) Expenses paid under subsections (d) and (e) shall be paid | |
2780 | + | 38 from appropriations to the council. | |
2781 | + | 39 SECTION 125. IC 15-15-12-21, AS ADDED BY P.L.2-2008, | |
2782 | + | 40 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
2783 | + | 41 UPON PASSAGE]: Sec. 21. (a) One (1) council member shall be | |
2784 | + | 42 elected from each of the following districts: | |
2785 | + | EH 1026—LS 6162/DI 92 65 | |
2786 | + | 1 DISTRICT 1. The counties of Lake, Newton, Jasper, Benton, | |
2787 | + | 2 Porter, LaPorte, Starke, White, and Pulaski. | |
2788 | + | 3 DISTRICT 2. The counties of St. Joseph, Elkhart, Marshall, | |
2789 | + | 4 Kosciusko, Fulton, Carroll, Cass, Miami, and Wabash. | |
2790 | + | 5 DISTRICT 3. The counties of LaGrange, Steuben, Noble, | |
2791 | + | 6 DeKalb, Whitley, Allen, Huntington, Wells, and Adams. | |
2792 | + | 7 DISTRICT 4. The counties of Montgomery, Fountain, Warren, | |
2793 | + | 8 Tippecanoe, Vermillion, Parke, Putnam, Vigo, Clay, and Owen. | |
2794 | + | 9 DISTRICT 5. The counties of Clinton, Boone, Tipton, Howard, | |
2795 | + | 10 Grant, Hamilton, Madison, Hendricks, Marion, Hancock, Morgan, | |
2796 | + | 11 Johnson, Shelby, Rush, Bartholomew, and Decatur. | |
2797 | + | 12 DISTRICT 6. The counties of Blackford, Jay, Delaware, Henry, | |
2798 | + | 13 Randolph, Wayne, Fayette, and Union. | |
2799 | + | 14 DISTRICT 7. The counties of Sullivan, Greene, Knox, Daviess, | |
2800 | + | 15 Martin, Gibson, Pike, Dubois, Posey, Vanderburgh, Warrick, and | |
2801 | + | 16 Spencer. | |
2802 | + | 17 DISTRICT 8. The counties of Monroe, Brown, Lawrence, | |
2803 | + | 18 Jackson, Orange, Washington, Perry, Crawford, Harrison, and | |
2804 | + | 19 Floyd. | |
2805 | + | 20 DISTRICT 9. The counties of Franklin, Jennings, Jefferson, | |
2806 | + | 21 Ripley, Dearborn, Ohio, Clark, Switzerland, and Scott. | |
2807 | + | 22 (b) Six (6) council members shall be elected to represent all | |
2808 | + | 23 counties in Indiana. | |
2809 | + | 24 (c) The dean of agriculture shall appoint one (1) representative of | |
2810 | + | 25 the largest general farm organization in Indiana to serve as a member | |
2811 | + | 26 of the council. | |
2812 | + | 27 (d) The dean of agriculture shall appoint one (1) representative of | |
2813 | + | 28 the second largest general farm organization in Indiana to serve as a | |
2814 | + | 29 member of the council. | |
2815 | + | 30 (e) The director shall appoint two (2) representatives of first | |
2816 | + | 31 purchaser organizations to serve as nonvoting members of the council. | |
2817 | + | 32 (f) Four (4) members serve on the council, to be appointed as | |
2818 | + | 33 nonvoting members as follows: | |
2819 | + | 34 (1) One (1) member appointed by the president pro tempore of the | |
2820 | + | 35 senate. | |
2821 | + | 36 (2) One (1) member appointed by the minority leader of the | |
2822 | + | 37 senate. | |
2823 | + | 38 (3) One (1) member appointed by the speaker of the house of | |
2824 | + | 39 representatives. | |
2825 | + | 40 (4) One (1) member appointed by the minority leader of the house | |
2826 | + | 41 of representatives. | |
2827 | + | 42 The members appointed under this subsection are ex officio members | |
2828 | + | EH 1026—LS 6162/DI 92 66 | |
2829 | + | 1 of the council. The members of the senate must be of different political | |
2830 | + | 2 parties. The members of the house of representatives must be of | |
2831 | + | 3 different political parties. Notwithstanding any other law, the members | |
2832 | + | 4 appointed under this section are entitled to receive the per diem of | |
2833 | + | 5 members of the general assembly for time spent in attendance at the | |
2834 | + | 6 meetings of the council. Per diem of these members shall be paid by | |
2835 | + | 7 the council upon approval of the director. Each member of the | |
2836 | + | 8 council who is a member of the general assembly is entitled to | |
2837 | + | 9 receive the same per diem, mileage, and travel allowances paid to | |
2838 | + | 10 legislative members of interim study committees established by the | |
2839 | + | 11 legislative council. Per diem, mileage, and travel allowances paid | |
2840 | + | 12 under this subsection shall be paid from appropriations made to | |
2841 | + | 13 the legislative council or the legislative services agency. | |
2842 | + | 14 (g) The dean of agriculture or the dean's designee shall serve as an | |
2843 | + | 15 ex officio, nonvoting member of the council. | |
2844 | + | 16 (h) The secretary of agriculture or the secretary's designee shall | |
2845 | + | 17 serve as an ex officio, nonvoting member of the council. | |
2846 | + | 18 SECTION 126. IC 16-46-6-4, AS AMENDED BY P.L.145-2006, | |
2847 | + | 19 SECTION 147, IS AMENDED TO READ AS FOLLOWS | |
2848 | + | 20 [EFFECTIVE UPON PASSAGE]: Sec. 4. (a) The council consists of | |
2849 | + | 21 the following twenty-one (21) members: | |
2850 | + | 22 (1) Two (2) members of the house of representatives from | |
2851 | + | 23 different political parties appointed by the speaker of the house of | |
2852 | + | 24 representatives. | |
2853 | + | 25 (2) Two (2) members of the senate from different political parties | |
2854 | + | 26 appointed by the president pro tempore of the senate. | |
2855 | + | 27 (3) The governor or the governor's designee. | |
2856 | + | 28 (4) The state health commissioner or the commissioner's | |
2857 | + | 29 designee. | |
2858 | + | 30 (5) The director of the division of family resources established by | |
2859 | + | 31 IC 12-13-1-1 or the director's designee. | |
2860 | + | 32 (6) The director of the office of Medicaid policy and planning | |
2861 | + | 33 established by IC 12-8-6.5-1 or the director's designee. | |
2862 | + | 34 (7) The director of the division of mental health and addiction | |
2863 | + | 35 established by IC 12-21-1-1 or the director's designee. | |
2864 | + | 36 (8) The commissioner of the department of correction or the | |
2865 | + | 37 commissioner's designee. | |
2866 | + | 38 (9) One (1) representative of a local health department appointed | |
2867 | + | 39 by the governor. | |
2868 | + | 40 (10) One (1) representative of a public health care facility | |
2869 | + | 41 appointed by the governor. | |
2870 | + | 42 (11) One (1) psychologist appointed by the governor who: | |
2871 | + | EH 1026—LS 6162/DI 92 67 | |
2872 | + | 1 (A) is licensed to practice psychology in Indiana; and | |
2873 | + | 2 (B) has knowledge and experience in the special health needs | |
2874 | + | 3 of minorities. | |
2875 | + | 4 (12) One (1) member appointed by the governor based on the | |
2876 | + | 5 recommendation of the Indiana State Medical Association. | |
2877 | + | 6 (13) One (1) member appointed by the governor based on the | |
2878 | + | 7 recommendation of the National Medical Association. | |
2879 | + | 8 (14) One (1) member appointed by the governor based on the | |
2880 | + | 9 recommendation of the Indiana Hospital and Health Association. | |
2881 | + | 10 (15) One (1) member appointed by the governor based on the | |
2882 | + | 11 recommendation of the American Cancer Society. | |
2883 | + | 12 (16) One (1) member appointed by the governor based on the | |
2884 | + | 13 recommendation of the American Heart Association. | |
2885 | + | 14 (17) One (1) member appointed by the governor based on the | |
2886 | + | 15 recommendation of the American Diabetes Association. | |
2887 | + | 16 (18) One (1) member appointed by the governor based on the | |
2888 | + | 17 recommendation of the Black Nurses Association. | |
2889 | + | 18 (19) One (1) member appointed by the governor based on the | |
2890 | + | 19 recommendation of the Indiana Minority Health Coalition. | |
2891 | + | 20 (b) At least fifty-one percent (51%) of the members of the council | |
2892 | + | 21 must be minorities. | |
2893 | + | 22 SECTION 127. IC 16-46-6-5 IS AMENDED TO READ AS | |
2894 | + | 23 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5. (a) Except as | |
2895 | + | 24 provided in subsection (b), all appointments to the council are for two | |
2896 | + | 25 (2) years. A legislative member's term expires on June 30 of an | |
2897 | + | 26 odd-numbered year. | |
2898 | + | 27 (b) The term of a member appointed by the governor is four (4) | |
2899 | + | 28 years and expires as follows: | |
2900 | + | 29 (1) June 30, 2025, and each fourth year thereafter for a | |
2901 | + | 30 member appointed under section 4(a)(9) through 4(a)(14) of | |
2902 | + | 31 this chapter. | |
2903 | + | 32 (2) December 31, 2025, and each fourth year thereafter for a | |
2904 | + | 33 member appointed under section 4(a)(15) through 4(a)(19) of | |
2905 | + | 34 this chapter. | |
2906 | + | 35 (c) A member may be reappointed to the commission for succeeding | |
2907 | + | 36 terms. | |
2908 | + | 37 SECTION 128. IC 16-46-6-8 IS AMENDED TO READ AS | |
2909 | + | 38 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 8. The state | |
2910 | + | 39 department and the Indiana Minority Health Coalition, Inc. shall | |
2911 | + | 40 provide staff for the council. | |
2912 | + | 41 SECTION 129. IC 16-46-6-13 IS AMENDED TO READ AS | |
2913 | + | 42 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 13. (a) Each | |
2914 | + | EH 1026—LS 6162/DI 92 68 | |
2915 | + | 1 member of the council who is not a state employee is entitled to the | |
2916 | + | 2 minimum salary per diem provided by IC 4-10-11-2.1(b). The council | |
2917 | + | 3 member is also entitled to reimbursement for mileage, traveling | |
2918 | + | 4 expenses as provided under IC 4-13-1-4, and other expenses actually | |
2919 | + | 5 incurred in connection with the member's duties as provided in the state | |
2920 | + | 6 policies and procedures established by the Indiana department of | |
2921 | + | 7 administration and approved by the budget agency. | |
2922 | + | 8 (b) Each member of the council who is a state employee is entitled | |
2923 | + | 9 to reimbursement for traveling expenses as provided under IC 4-13-1-4 | |
2924 | + | 10 and other expenses actually incurred in connection with the member's | |
2925 | + | 11 duties as provided in the state policies and procedures established by | |
2926 | + | 12 the Indiana department of administration and approved by the budget | |
2927 | + | 13 agency. | |
2928 | + | 14 (c) Except as provided in subsection (d), expenses incurred under | |
2929 | + | 15 this section must be paid out of the funds appropriated to the state | |
2930 | + | 16 department. | |
2931 | + | 17 (d) Each member of the council who is a member of the general | |
2932 | + | 18 assembly is entitled to receive the same per diem, mileage, and | |
2933 | + | 19 travel allowances paid to legislative members of interim study | |
2934 | + | 20 committees established by the legislative council. Per diem, | |
2935 | + | 21 mileage, and travel allowances paid under this subsection shall be | |
2936 | + | 22 paid from appropriations made to the legislative council or the | |
2937 | + | 23 legislative services agency. | |
2938 | + | 24 SECTION 130. IC 20-19-10-3.5 IS ADDED TO THE INDIANA | |
2939 | + | 25 CODE AS A NEW SECTION TO READ AS FOLLOWS | |
2940 | + | 26 [EFFECTIVE UPON PASSAGE]: Sec. 3.5. (a) Except as provided in | |
2941 | + | 27 subsection (b), each member of the commission appointed under | |
2942 | + | 28 section 3(9) of this chapter serves a four (4) year term. | |
2943 | + | 29 (b) The terms of the members appointed under section 3(9)(A), | |
2944 | + | 30 3(9)(C), and 3(9)(E) of this chapter expire December 31, 2025, and | |
2945 | + | 31 each fourth year thereafter. The terms of the members appointed | |
2946 | + | 32 under section 3(9)(B) and 3(9)(D) of this chapter expire December | |
2947 | + | 33 31, 2027, and each fourth year thereafter. | |
2948 | + | 34 (c) Each legislative member of the commission appointed under | |
2949 | + | 35 section 3 of this chapter serves a two (2) year term ending on June | |
2950 | + | 36 30 of each odd-numbered year. | |
2951 | + | 37 (d) Members of the commission may be reappointed to | |
2952 | + | 38 successive terms. | |
2953 | + | 39 SECTION 131. IC 20-19-10-7, AS ADDED BY P.L.39-2021, | |
2954 | + | 40 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
2955 | + | 41 UPON PASSAGE]: Sec. 7. (a) Each member of the commission who | |
2956 | + | 42 is not a state employee is entitled to the minimum salary per diem | |
2957 | + | EH 1026—LS 6162/DI 92 69 | |
2958 | + | 1 provided by IC 4-10-11-2.1(b). The member is also entitled to | |
2959 | + | 2 reimbursement for mileage, traveling expenses as provided under | |
2960 | + | 3 IC 4-13-1-4, and other expenses actually incurred in connection with | |
2961 | + | 4 the member's duties as provided in the state policies and procedures | |
2962 | + | 5 established by the Indiana department of administration and approved | |
2963 | + | 6 by the budget agency. | |
2964 | + | 7 (b) Each member of the commission who is a state employee is | |
2965 | + | 8 entitled to reimbursement for traveling expenses as provided under | |
2966 | + | 9 IC 4-13-1-4 and other expenses actually incurred in connection with | |
2967 | + | 10 the member's duties as provided in the state policies and procedures | |
2968 | + | 11 established by the Indiana department of administration and approved | |
2969 | + | 12 by the budget agency. | |
2970 | + | 13 (c) Each member of the commission who is a member of the general | |
2971 | + | 14 assembly is entitled to receive the same per diem, mileage, and travel | |
2972 | + | 15 allowances paid to members of the general assembly serving on interim | |
2973 | + | 16 study committees created by the legislative council. Per diem, | |
2974 | + | 17 mileage, and travel allowances paid under this subsection shall be | |
2975 | + | 18 paid from appropriations made to the legislative council or the | |
2976 | + | 19 legislative services agency. | |
2977 | + | 20 (d) Expenses paid under subsections (a) and (b) shall be paid | |
2978 | + | 21 from appropriations made to the department. | |
2979 | + | 22 SECTION 132. IC 20-19-10-9, AS ADDED BY P.L.39-2021, | |
2980 | + | 23 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
2981 | + | 24 UPON PASSAGE]: Sec. 9. The department of education shall staff the | |
2982 | + | 25 commission. | |
2983 | + | 26 SECTION 133. IC 20-21-3-3, AS ADDED BY P.L.1-2005, | |
2984 | + | 27 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
2985 | + | 28 UPON PASSAGE]: Sec. 3. (a) Each voting board member who is not | |
2986 | + | 29 an employee of the state or a political subdivision is entitled to the | |
2987 | + | 30 following: | |
2988 | + | 31 (1) The minimum salary per diem provided by IC 4-10-11-2.1 for | |
2989 | + | 32 each board meeting attended by the member. | |
2990 | + | 33 (2) Mileage and reimbursement for traveling expenses as | |
2991 | + | 34 provided under IC 4-13-1-4 and other expenses actually incurred | |
2992 | + | 35 in connection with the member's duties as provided in the state | |
2993 | + | 36 policies and procedures established by the Indiana department of | |
2994 | + | 37 administration and approved by the budget agency. | |
2995 | + | 38 Money for payments to board members under this subsection shall be | |
2996 | + | 39 paid from appropriations made to the school. | |
2997 | + | 40 (b) The member of the board appointed under section 2(a)(4) of this | |
2998 | + | 41 chapter is entitled to receive the same per diem, mileage, and travel | |
2999 | + | 42 allowances paid to legislative members of interim study committees | |
3000 | + | EH 1026—LS 6162/DI 92 70 | |
3001 | + | 1 established by the legislative council. Per diem, mileage, and travel | |
3002 | + | 2 allowances paid under this subsection shall be paid from appropriations | |
3003 | + | 3 made to the legislative council or the legislative services agency. | |
3004 | + | 4 SECTION 134. IC 20-21-3-4, AS ADDED BY P.L.1-2005, | |
3005 | + | 5 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
3006 | + | 6 UPON PASSAGE]: Sec. 4. (a) This section applies only to a board | |
3007 | + | 7 member serving under section 2(a)(1) of this chapter. | |
3008 | + | 8 (b) The term of a board member is four (4) years and expires June | |
3009 | + | 9 30, 2025, and each fourth year thereafter. | |
3010 | + | 10 (c) The term of a member begins upon appointment by the governor. | |
3011 | + | 11 (d) A member may serve after the member's term expires until the | |
3012 | + | 12 term of the member's successor begins. | |
3013 | + | 13 (e) The governor may reappoint a member to serve a new term. | |
3014 | + | 14 SECTION 135. IC 20-21-3-4.5 IS ADDED TO THE INDIANA | |
3015 | + | 15 CODE AS A NEW SECTION TO READ AS FOLLOWS | |
3016 | + | 16 [EFFECTIVE UPON PASSAGE]: Sec. 4.5. (a) This section applies | |
3017 | + | 17 only to a board member serving under section 2(a)(4) of this | |
3018 | + | 18 chapter. | |
3019 | + | 19 (b) The member serves at the pleasure of the president pro | |
3020 | + | 20 tempore of the senate. The term of the board member is two (2) | |
3021 | + | 21 years and expires June 30 of an odd-numbered year. The board | |
3022 | + | 22 member may be reappointed to successive terms. | |
3023 | + | 23 (c) A member may serve after the member's term expires until | |
3024 | + | 24 the term of the member's successor begins. | |
3025 | + | 25 SECTION 136. IC 20-21-3-5, AS ADDED BY P.L.1-2005, | |
3026 | + | 26 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
3027 | + | 27 UPON PASSAGE]: Sec. 5. Whenever there is a vacancy on the board, | |
3028 | + | 28 the governor appropriate appointing authority shall fill the vacancy | |
3029 | + | 29 for the remainder of the unexpired term. | |
3030 | + | 30 SECTION 137. IC 20-21-3-6, AS ADDED BY P.L.1-2005, | |
3031 | + | 31 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
3032 | + | 32 UPON PASSAGE]: Sec. 6. (a) At the board's last meeting before July | |
3033 | + | 33 1 of each year, the board shall elect one (1) member to be chair of the | |
3034 | + | 34 board. | |
3035 | + | 35 (b) The member elected chair of the board serves as chair beginning | |
3036 | + | 36 July 1 after elected by the board. | |
3037 | + | 37 (c) The board may reelect a member as chair of the board. | |
3038 | + | 38 (d) The board shall annually elect one (1) of its members to serve as | |
3039 | + | 39 the secretary for the board. | |
3040 | + | 40 (e) The board shall meet at the call of the chair at least five (5) | |
3041 | + | 41 times during each school year. | |
3042 | + | 42 SECTION 138. IC 20-22-3-3, AS ADDED BY P.L.1-2005, | |
3043 | + | EH 1026—LS 6162/DI 92 71 | |
3044 | + | 1 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
3045 | + | 2 UPON PASSAGE]: Sec. 3. (a) Each voting member of the board who | |
3046 | + | 3 is not an employee of the state or a political subdivision is entitled to | |
3047 | + | 4 the following: | |
3048 | + | 5 (1) The minimum salary per diem provided by IC 4-10-11-2.1 for | |
3049 | + | 6 each board meeting attended by the member. | |
3050 | + | 7 (2) Mileage and reimbursement for traveling expenses as | |
3051 | + | 8 provided under IC 4-13-1-4 and other expenses actually incurred | |
3052 | + | 9 in connection with the member's duties as provided in the state | |
3053 | + | 10 policies and procedures established by the Indiana department of | |
3054 | + | 11 administration and approved by the budget agency. | |
3055 | + | 12 Money for payments to board members under this subsection shall be | |
3056 | + | 13 paid from appropriations made to the school. | |
3057 | + | 14 (b) The member of the board appointed under section 2(a)(4) of this | |
3058 | + | 15 chapter is entitled to receive the same per diem, mileage, and travel | |
3059 | + | 16 allowances paid to legislative members of interim study committees | |
3060 | + | 17 established by the legislative council. Per diem, mileage, and travel | |
3061 | + | 18 allowances paid under this subsection shall be paid from appropriations | |
3062 | + | 19 made to the legislative council or the legislative services agency. | |
3063 | + | 20 SECTION 139. IC 20-22-3-4, AS ADDED BY P.L.1-2005, | |
3064 | + | 21 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
3065 | + | 22 UPON PASSAGE]: Sec. 4. (a) This section applies only to a board | |
3066 | + | 23 member serving under section 2(a)(1) of this chapter. | |
3067 | + | 24 (b) The term of a board member is four (4) years and expires June | |
3068 | + | 25 30, 2025, and each fourth year thereafter. | |
3069 | + | 26 (c) The term of a member begins upon appointment by the governor. | |
3070 | + | 27 (d) A member may serve after the member's term expires until the | |
3071 | + | 28 term of the member's successor begins. | |
3072 | + | 29 (e) The governor may reappoint a member to serve a new term. | |
3073 | + | 30 SECTION 140. IC 20-22-3-4.5 IS ADDED TO THE INDIANA | |
3074 | + | 31 CODE AS A NEW SECTION TO READ AS FOLLOWS | |
3075 | + | 32 [EFFECTIVE UPON PASSAGE]: Sec. 4.5. (a) This section applies | |
3076 | + | 33 only to a board member serving under section 2(a)(4) of this | |
3077 | + | 34 chapter. | |
3078 | + | 35 (b) The member serves at the pleasure of the speaker of the | |
3079 | + | 36 house of representatives. The term of the board member is two (2) | |
3080 | + | 37 years and expires June 30 of an odd-numbered year. The board | |
3081 | + | 38 member may be reappointed to successive terms. | |
3082 | + | 39 (c) A member may serve after the member's term expires until | |
3083 | + | 40 the term of the member's successor begins. | |
3084 | + | 41 SECTION 141. IC 20-22-3-5, AS ADDED BY P.L.1-2005, | |
3085 | + | 42 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
3086 | + | EH 1026—LS 6162/DI 92 72 | |
3087 | + | 1 UPON PASSAGE]: Sec. 5. Whenever there is a vacancy on the board, | |
3088 | + | 2 the governor appropriate appointing authority shall fill the vacancy | |
3089 | + | 3 for the remainder of the unexpired term. | |
3090 | + | 4 SECTION 142. IC 20-22-3-6, AS ADDED BY P.L.1-2005, | |
3091 | + | 5 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
3092 | + | 6 UPON PASSAGE]: Sec. 6. (a) At the board's last meeting before July | |
3093 | + | 7 1 of each year, the board shall elect one (1) member to be chair of the | |
3094 | + | 8 board. | |
3095 | + | 9 (b) The member elected chair of the board serves as chair beginning | |
3096 | + | 10 July 1 after elected by the board. | |
3097 | + | 11 (c) The board may reelect a member as chair of the board. | |
3098 | + | 12 (d) The board shall annually elect one (1) of its members to serve as | |
3099 | + | 13 the secretary for the board. | |
3100 | + | 14 (e) The board shall meet at the call of the chair at least five (5) | |
3101 | + | 15 times during each school year. | |
3102 | + | 16 SECTION 143. IC 21-16-5-1.5, AS ADDED BY P.L.224-2023, | |
3103 | + | 17 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
3104 | + | 18 UPON PASSAGE]: Sec. 1.5 (a) The board of directors of the nonprofit | |
3105 | + | 19 corporation is composed of nine (9) members. The members must be | |
3106 | + | 20 appointed as follows: | |
3107 | + | 21 (1) Five (5) members appointed by the governor. | |
3108 | + | 22 (2) One (1) member appointed by the president pro tempore of the | |
3109 | + | 23 senate. | |
3110 | + | 24 (3) One (1) member appointed by the minority leader of the | |
3111 | + | 25 senate. | |
3112 | + | 26 (4) One (1) member appointed by the speaker of the house of | |
3113 | + | 27 representatives. | |
3114 | + | 28 (5) One (1) member appointed by the minority leader of the house | |
3115 | + | 29 of representatives. | |
3116 | + | 30 (b) None of the members appointed to the board may be members | |
3117 | + | 31 of the general assembly. Not more than five (5) members may belong | |
3118 | + | 32 to the same political party. Members serve at the pleasure of the | |
3119 | + | 33 appointing authority. | |
3120 | + | 34 (c) The board shall elect from among its members a chair and vice | |
3121 | + | 35 chair. | |
3122 | + | 36 (d) Five (5) members constitutes a quorum for the transaction of | |
3123 | + | 37 business. An affirmative vote of at least five (5) members is necessary | |
3124 | + | 38 for the board to take action. Members of the board may not vote by | |
3125 | + | 39 proxy. | |
3126 | + | 40 (e) Meetings of the board shall be held at the call of the chair or | |
3127 | + | 41 whenever any five (5) voting members request a meeting. The | |
3128 | + | 42 members shall meet at least once every three (3) months to attend to | |
3129 | + | EH 1026—LS 6162/DI 92 73 | |
3130 | + | 1 the business of the corporation. | |
3131 | + | 2 (f) Members are entitled to a salary per diem for attending meetings | |
3132 | + | 3 equal to the per diem provided by law for members of the general | |
3133 | + | 4 assembly. The members are also entitled to receive reimbursement for | |
3134 | + | 5 traveling expenses as provided under IC 4-13-1-4 and other expenses | |
3135 | + | 6 actually incurred in connection with the members' duties as approved | |
3136 | + | 7 by the budget agency. | |
3137 | + | 8 (f) Each member of the commission who is not a state employee | |
3138 | + | 9 is entitled to: | |
3139 | + | 10 (1) a salary per diem for attending meetings equal to the per | |
3140 | + | 11 diem provided by law for members of the general assembly; | |
3141 | + | 12 and | |
3142 | + | 13 (2) reimbursement for mileage and traveling expenses as | |
3143 | + | 14 provided under IC 4-13-1-4, and other expenses actually | |
3144 | + | 15 incurred in connection with the member's duties as provided | |
3145 | + | 16 in the state policies and procedures established by the Indiana | |
3146 | + | 17 department of administration and approved by the budget | |
3147 | + | 18 agency. | |
3148 | + | 19 (g) Each member of the commission who is a state employee is | |
3149 | + | 20 entitled to reimbursement for traveling expenses as provided under | |
3150 | + | 21 IC 4-13-1-4 and other expenses actually incurred in connection | |
3151 | + | 22 with the member's duties as provided in the state policies and | |
3152 | + | 23 procedures established by the Indiana department of | |
3153 | + | 24 administration and approved by the budget agency. | |
3154 | + | 25 (h) The corporation shall pay expenses incurred under | |
3155 | + | 26 subsections (g) and (h) from the revenues of the corporation. | |
3156 | + | 27 (i) The corporation shall provide staff support to the board. | |
3157 | + | 28 SECTION 144. IC 21-47-2-4, AS AMENDED BY P.L.108-2022, | |
3158 | + | 29 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
3159 | + | 30 UPON PASSAGE]: Sec. 4. (a) There is established a geological and | |
3160 | + | 31 water survey advisory council. | |
3161 | + | 32 (b) The council consists of the following members: | |
3162 | + | 33 (1) One (1) member appointed by the president of Indiana | |
3163 | + | 34 University who is a faculty member of the Indiana University | |
3164 | + | 35 School of Public and Environmental Affairs to serve for a period | |
3165 | + | 36 of two (2) four (4) years. A member appointed under this | |
3166 | + | 37 subdivision must have a background in energy, geology, water, or | |
3167 | + | 38 environmental science. | |
3168 | + | 39 (2) One (1) member appointed by the president of Indiana | |
3169 | + | 40 University who is a faculty member of the earth sciences | |
3170 | + | 41 department to serve for a period of four (4) years. | |
3171 | + | 42 (3) The vice provost of research of Indiana University, or the vice | |
3172 | + | EH 1026—LS 6162/DI 92 74 | |
3173 | + | 1 provost's designee. | |
3174 | + | 2 (4) The chairperson of the house of representatives standing | |
3175 | + | 3 committee tasked with studying utilities and energy, or the | |
3176 | + | 4 chairperson's designee. | |
3177 | + | 5 (5) The chairperson of the senate standing committee tasked with | |
3178 | + | 6 studying utilities and energy, or the chairperson's designee. | |
3179 | + | 7 (6) The director of the department of natural resources, or the | |
3180 | + | 8 director's designee. | |
3181 | + | 9 (7) The director of the Indiana department of environmental | |
3182 | + | 10 management, or the director's designee. | |
3183 | + | 11 (8) The director of the Indiana economic development | |
3184 | + | 12 corporation, or the director's designee. | |
3185 | + | 13 (9) The public finance director appointed under IC 5-1.2-3-6, or | |
3186 | + | 14 the public finance director's designee. | |
3187 | + | 15 (10) Two (2) individuals who: | |
3188 | + | 16 (A) are appointed by the governor; | |
3189 | + | 17 (B) represent private industry; and | |
3190 | + | 18 (C) have a background in energy, geology, water, or | |
3191 | + | 19 environmental science. | |
3192 | + | 20 An individual appointed by the governor under this subdivision | |
3193 | + | 21 serves for a term of four (4) years. | |
3194 | + | 22 A designee under subdivision (3), (4), (5), (6), (7), (8), or (9) must have | |
3195 | + | 23 a background in energy, geology, water, or environmental science. The | |
3196 | + | 24 members of the council shall annually elect a chair and vice chair | |
3197 | + | 25 from among the membership of the council. | |
3198 | + | 26 (c) A member who is appointed or designated to serve on the | |
3199 | + | 27 council under subsection (b): | |
3200 | + | 28 (1) in the case of an appointed member: | |
3201 | + | 29 (A) holds the position for the term of the appointment; | |
3202 | + | 30 (B) continues to serve after expiration of the appointment until | |
3203 | + | 31 a successor is appointed and qualified; and | |
3204 | + | 32 (C) subject to subdivision (2), is eligible for reappointment; | |
3205 | + | 33 (2) may not serve on the council for a total of more than ten (10) | |
3206 | + | 34 years; two (2) consecutive terms; and | |
3207 | + | 35 (3) serves at the pleasure of the appointing or designating | |
3208 | + | 36 authority and may be removed by the appointing or designating | |
3209 | + | 37 authority at any time. | |
3210 | + | 38 The appointing or designating authority shall fill a vacancy that occurs | |
3211 | + | 39 after a member appointed or designated by the authority resigns, is | |
3212 | + | 40 removed, or is no longer qualified to serve. | |
3213 | + | 41 (d) The state geologist shall serve as secretary of the council, shall | |
3214 | + | 42 provide staff support to the council, and shall report on the following | |
3215 | + | EH 1026—LS 6162/DI 92 75 | |
3216 | + | 1 at each meeting of the council: | |
3217 | + | 2 (1) The staffing of the survey. | |
3218 | + | 3 (2) The finances of the survey. | |
3219 | + | 4 (3) The outreach programs of the survey. | |
3220 | + | 5 (4) The current research projects of the survey. | |
3221 | + | 6 (5) Any other report requested by the council. | |
3222 | + | 7 (e) The state geologist may cast the deciding vote to break a tie. | |
3223 | + | 8 (f) Each member of the council who is not a state employee is | |
3224 | + | 9 entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). | |
3225 | + | 10 A member is also entitled to reimbursement for mileage and traveling | |
3226 | + | 11 expenses actually incurred in connection with the member's duties as | |
3227 | + | 12 provided in the state policies and procedures established by the Indiana | |
3228 | + | 13 department of administration and approved by the budget agency. | |
3229 | + | 14 (g) Each member of the council who is a member of the general | |
3230 | + | 15 assembly is entitled to receive the same per diem, mileage, and travel | |
3231 | + | 16 allowances paid to legislative members of interim study committees | |
3232 | + | 17 established by the legislative council. Per diem, mileage, and travel | |
3233 | + | 18 allowances paid under this section shall be paid from appropriations | |
3234 | + | 19 made to the legislative council or the legislative services agency. | |
3235 | + | 20 (h) Each member of the commission who is a state employee is | |
3236 | + | 21 entitled to reimbursement for traveling expenses as provided under | |
3237 | + | 22 IC 4-13-1-4 and other expenses actually incurred in connection | |
3238 | + | 23 with the member's duties as provided in the state policies and | |
3239 | + | 24 procedures established by the Indiana department of | |
3240 | + | 25 administration and approved by the budget agency. | |
3241 | + | 26 (i) Expenses paid under subsections (f) and (h) shall be paid | |
3242 | + | 27 from appropriations made to the state geologist. | |
3243 | + | 28 (h) (j) The council shall meet quarterly in the first month of each | |
3244 | + | 29 quarter. The date, time, and location of a meeting must be upon | |
3245 | + | 30 agreement of the council. | |
3246 | + | 31 (i) (k) The council shall meet with the state geologist to make | |
3247 | + | 32 recommendations concerning: | |
3248 | + | 33 (1) the functions and performance of the survey; and | |
3249 | + | 34 (2) appropriations and funding for the survey. | |
3250 | + | 35 (j) (l) The council may make recommendations concerning the | |
3251 | + | 36 effectiveness and efficiency of the survey and other matters. | |
3252 | + | 37 (k) (m) Recommendations and reports of the council shall be | |
3253 | + | 38 directed to the following: | |
3254 | + | 39 (1) The governor. | |
3255 | + | 40 (2) The budget agency. | |
3256 | + | 41 (3) The president of Indiana University. | |
3257 | + | 42 (4) The director of the department of natural resources. | |
3258 | + | EH 1026—LS 6162/DI 92 76 | |
3259 | + | 1 (5) The commissioner of the department of environmental | |
3260 | + | 2 management. | |
3261 | + | 3 (n) The terms of the members of the council described in | |
3262 | + | 4 subsection (b)(1), (b)(2), and (b)(10) expire as follows: | |
3263 | + | 5 (1) For the members described in subsection (b)(1) and (b)(2), | |
3264 | + | 6 June 30, 2025, and each fourth year thereafter. | |
3265 | + | 7 (2) For the members described in subsection (b)(10), June 30, | |
3266 | + | 8 2027, and each fourth year thereafter. | |
3267 | + | 9 (o) The terms of the members of the council who are members | |
3268 | + | 10 of the general assembly designated under subsection (b)(4) and | |
3269 | + | 11 (b)(5) expire June 30 of an odd-numbered year. | |
3270 | + | 12 SECTION 145. IC 21-47-2-7, AS ADDED BY P.L.108-2022, | |
3271 | + | 13 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
3272 | + | 14 UPON PASSAGE]: Sec. 7. (a) As used in this section, "center" refers | |
3273 | + | 15 to the center for water established by subsection (c). | |
3274 | + | 16 (b) As used in this section, "council" refers to the geological and | |
3275 | + | 17 water survey advisory council established by section 4 of this chapter. | |
3276 | + | 18 (c) The center for water is established within the survey for the | |
3277 | + | 19 purpose of: | |
3278 | + | 20 (1) carrying out the survey's statutory duties concerning Indiana's | |
3279 | + | 21 water resources; | |
3280 | + | 22 (2) supporting long term studies of the state's water resources, as | |
3281 | + | 23 requested by the Indiana finance authority; and | |
3282 | + | 24 (3) upon request, providing resources to: | |
3283 | + | 25 (A) state agencies; | |
3284 | + | 26 (B) municipal agencies; and | |
3285 | + | 27 (C) soil and water conservation groups. | |
3286 | + | 28 (d) The center shall be staffed: | |
3287 | + | 29 (1) by employees of the survey who have expertise in water | |
3288 | + | 30 resources; and | |
3289 | + | 31 (2) at staffing levels consistent with recommendations of the | |
3290 | + | 32 council. | |
3291 | + | 33 (e) The center shall report to the council before each quarterly | |
3292 | + | 34 meeting of the council under section 4(h) 4(j) of this chapter. | |
3293 | + | 35 (f) The state geologist shall oversee and manage the activities of the | |
3294 | + | 36 center. | |
3295 | + | 37 (g) The center shall be funded by the available resources of the | |
3296 | + | 38 survey. | |
3297 | + | 39 SECTION 146. IC 21-47-2-8, AS ADDED BY P.L.108-2022, | |
3298 | + | 40 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
3299 | + | 41 UPON PASSAGE]: Sec. 8. (a) As used in this section, "center" refers | |
3300 | + | 42 to the center for energy established by subsection (c). | |
3301 | + | EH 1026—LS 6162/DI 92 77 | |
3302 | + | 1 (b) As used in this section, "council" refers to the geological and | |
3303 | + | 2 water survey advisory council established by section 4 of this chapter. | |
3304 | + | 3 (c) The center for energy is established within the survey for the | |
3305 | + | 4 purpose of: | |
3306 | + | 5 (1) carrying out the survey's statutory duties concerning Indiana's | |
3307 | + | 6 natural energy resources; | |
3308 | + | 7 (2) supporting long term studies of the state's energy resources, as | |
3309 | + | 8 requested by the state; and | |
3310 | + | 9 (3) upon request, providing resources to: | |
3311 | + | 10 (A) state agencies; | |
3312 | + | 11 (B) municipal agencies; and | |
3313 | + | 12 (C) energy stakeholders. | |
3314 | + | 13 (d) The center shall be staffed: | |
3315 | + | 14 (1) by employees of the survey who have expertise in energy | |
3316 | + | 15 resources; and | |
3317 | + | 16 (2) at staffing levels consistent with recommendations of the | |
3318 | + | 17 council. | |
3319 | + | 18 (e) The center shall report to the council before each quarterly | |
3320 | + | 19 meeting of the council under section 4(h) 4(j) of this chapter. | |
3321 | + | 20 (f) The state geologist shall oversee and manage the activities of the | |
3322 | + | 21 center. | |
3323 | + | 22 (g) The center shall be funded by the available resources of the | |
3324 | + | 23 survey. | |
3325 | + | 24 SECTION 147. IC 27-1-44.6-6, AS AMENDED BY P.L.56-2023, | |
3326 | + | 25 SECTION 243, IS AMENDED TO READ AS FOLLOWS | |
3327 | + | 26 [EFFECTIVE UPON PASSAGE]: Sec. 6. (a) The advisory board | |
3328 | + | 27 consists of the following: | |
3329 | + | 28 (1) The executive director of the all payer claims data base | |
3330 | + | 29 operated under IC 27-1-44.5. | |
3331 | + | 30 (2) The following members, appointed by the governor: | |
3332 | + | 31 (1) (A) One (1) individual representing the Indiana Hospital | |
3333 | + | 32 Association. | |
3334 | + | 33 (2) (B) One (1) individual who is a physician or surgeon and | |
3335 | + | 34 is not employed by or contracted to predominantly provide | |
3336 | + | 35 health care services at a hospital licensed under IC 16-21-2 or | |
3337 | + | 36 a hospital system. | |
3338 | + | 37 (3) (C) One (1) individual representing a small employer that | |
3339 | + | 38 purchases a group health plan for its employees. | |
3340 | + | 39 (4) (D) One (1) individual representing a large employer that | |
3341 | + | 40 purchases a group health plan for its employees. | |
3342 | + | 41 (5) (E) One (1) individual representing a self-insured | |
3343 | + | 42 employer. | |
3344 | + | EH 1026—LS 6162/DI 92 78 | |
3345 | + | 1 (6) (F) One (1) individual from a firm that processes claims | |
3346 | + | 2 for health plans. | |
3347 | + | 3 (7) (G) One (1) individual representing a domestic insurance | |
3348 | + | 4 company that issues policies of accident and sickness | |
3349 | + | 5 insurance (as defined in IC 27-8-5-1). | |
3350 | + | 6 (8) (H) One (1) individual representing pharmacists or an | |
3351 | + | 7 affiliate society. | |
3352 | + | 8 (9) The executive director. | |
3353 | + | 9 (3) The nonvoting advisory members described in subsection | |
3354 | + | 10 (b). | |
3355 | + | 11 Individuals appointed to represent an employer under subdivisions (3), | |
3356 | + | 12 (4), and (5) subdivision (2)(C) through (2)(E) may not represent an | |
3357 | + | 13 employer who is a health care facility or provider or a supplier or | |
3358 | + | 14 broker of health plans. | |
3359 | + | 15 (b) The advisory board consists of The following are nonvoting | |
3360 | + | 16 advisory members of the advisory board: | |
3361 | + | 17 (1) The commissioner of the department of insurance or a | |
3362 | + | 18 designee of the commissioner. | |
3363 | + | 19 (2) The secretary of family and social services or a designee of the | |
3364 | + | 20 secretary. | |
3365 | + | 21 (3) The commissioner of the Indiana department of health or a | |
3366 | + | 22 designee of the commissioner. | |
3367 | + | 23 (4) Two (2) members of the senate, who may not be members of | |
3368 | + | 24 the same political party, appointed by the president pro tempore | |
3369 | + | 25 of the senate with the advice of the minority leader of the senate. | |
3370 | + | 26 (5) Two (2) members of the house of representatives, who may | |
3371 | + | 27 not be members of the same political party, appointed by the | |
3372 | + | 28 speaker of the house of representatives with the advice of the | |
3373 | + | 29 minority leader of the house of representatives. | |
3374 | + | 30 SECTION 148. IC 27-1-44.6-7, AS AMENDED BY P.L.137-2021, | |
3375 | + | 31 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
3376 | + | 32 UPON PASSAGE]: Sec. 7. (a) The initial appointment of members | |
3377 | + | 33 beginning July 1, 2021, must be made not later than August 1, 2021. | |
3378 | + | 34 (b) For the initial appointment of the eight (8) members appointed | |
3379 | + | 35 to the advisory board by the governor under section 6(a)(1) through | |
3380 | + | 36 6(a)(8) of this chapter, four (4) members will serve for a term of two | |
3381 | + | 37 (2) years and four (4) members will serve for a term of four (4) years. | |
3382 | + | 38 For all subsequent appointments by the governor under section 6(a)(1) | |
3383 | + | 39 through 6(a)(8) of this chapter and all appointments made under | |
3384 | + | 40 section 6(b) of this chapter, members will serve for a term of four (4) | |
3385 | + | 41 years. (a) Members appointed by the governor serve a four (4) year | |
3386 | + | 42 term that expires June 30, 2025, and each fourth year thereafter. | |
3387 | + | EH 1026—LS 6162/DI 92 79 | |
3388 | + | 1 Members may be reappointed to successive terms. | |
3389 | + | 2 (c) (b) Subject to subsection (e), (d), the executive director is a | |
3390 | + | 3 permanent member of the advisory board. | |
3391 | + | 4 (d) (c) Each appointed member serves until the member's successor | |
3392 | + | 5 is appointed and qualified. A vacancy must be filled by appointment of | |
3393 | + | 6 the governor the appropriate appointing authority. A member | |
3394 | + | 7 appointed to fill a vacancy serves for the unexpired term of the | |
3395 | + | 8 member's predecessor. | |
3396 | + | 9 (e) (d) A member may be removed from the advisory board for good | |
3397 | + | 10 cause by the member's appointing authority. | |
3398 | + | 11 SECTION 149. IC 27-1-44.6-8, AS ADDED BY P.L.195-2021, | |
3399 | + | 12 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
3400 | + | 13 UPON PASSAGE]: Sec. 8. The advisory board must meet at least two | |
3401 | + | 14 (2) times per calendar year at the call of the executive director. A | |
3402 | + | 15 majority of the members of the advisory board constitutes a quorum. | |
3403 | + | 16 SECTION 150. IC 27-1-44.6-9, AS ADDED BY P.L.195-2021, | |
3404 | + | 17 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
3405 | + | 18 UPON PASSAGE]: Sec. 9. (a) Each member of the advisory board who | |
3406 | + | 19 is not a state employee is entitled to the minimum financial | |
3407 | + | 20 compensation per diem provided by IC 4-10-11-2.1(b). Such a member | |
3408 | + | 21 is also entitled to reimbursement for mileage, traveling expenses, and | |
3409 | + | 22 other expenses actually incurred in connection with the member's | |
3410 | + | 23 duties, as provided in the state travel policies and procedures | |
3411 | + | 24 established by the Indiana department of administration and approved | |
3412 | + | 25 by the budget agency. | |
3413 | + | 26 (b) Each member of the advisory board who is a state employee but | |
3414 | + | 27 who is not a member of the general assembly is entitled to | |
3415 | + | 28 reimbursement for traveling expenses and other expenses actually | |
3416 | + | 29 incurred in connection with the member's duties, as provided in the | |
3417 | + | 30 state travel policies and procedures established by the Indiana | |
3418 | + | 31 department of administration and approved by the budget agency. | |
3419 | + | 32 (c) Amounts paid under subsection (a) or (b) must be paid from | |
3420 | + | 33 money appropriated to the department of insurance for the total | |
3421 | + | 34 operating expense of the all payer claims data base. | |
3422 | + | 35 (c) (d) Each member of the advisory board who is a member of the | |
3423 | + | 36 general assembly is entitled to receive the same per diem, mileage, and | |
3424 | + | 37 travel allowances paid to legislative members of interim study | |
3425 | + | 38 committees established by the legislative council. Per diem, mileage, | |
3426 | + | 39 and travel allowances paid under this subsection shall be paid from | |
3427 | + | 40 appropriations made to the legislative council or the legislative services | |
3428 | + | 41 agency. | |
3429 | + | 42 (d) (e) Membership on the advisory board does not constitute the | |
3430 | + | EH 1026—LS 6162/DI 92 80 | |
3431 | + | 1 holding of a public office. | |
3432 | + | 2 SECTION 151. IC 27-1-44.6-11 IS ADDED TO THE INDIANA | |
3433 | + | 3 CODE AS A NEW SECTION TO READ AS FOLLOWS | |
3434 | + | 4 [EFFECTIVE UPON PASSAGE]: Sec. 11. The department of | |
3435 | + | 5 insurance shall provide staff support to the advisory board. | |
3436 | + | 6 SECTION 152. IC 33-38-9.5-2, AS AMENDED BY P.L.114-2022, | |
3437 | + | 7 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
3438 | + | 8 UPON PASSAGE]: Sec. 2. (a) The justice reinvestment advisory | |
3439 | + | 9 council is established. The advisory council consists of the following | |
3440 | + | 10 members: | |
3441 | + | 11 (1) The executive director of the Indiana public defender council | |
3442 | + | 12 or the executive director's designee. | |
3443 | + | 13 (2) The executive director of the Indiana prosecuting attorneys | |
3444 | + | 14 council or the executive director's designee. | |
3445 | + | 15 (3) The director of the division of mental health and addiction or | |
3446 | + | 16 the director's designee. | |
3447 | + | 17 (4) The president of the Indiana Sheriffs' Association or the | |
3448 | + | 18 president's designee. | |
3449 | + | 19 (5) The commissioner of the Indiana department of correction or | |
3450 | + | 20 the commissioner's designee. | |
3451 | + | 21 (6) The chief administrative officer of the office of judicial | |
3452 | + | 22 administration or the chief administrative officer's designee. | |
3453 | + | 23 (7) The executive director of the Indiana criminal justice institute | |
3454 | + | 24 or the executive director's designee. | |
3455 | + | 25 (8) The president of the Indiana Association of Community | |
3456 | + | 26 Corrections Act Counties or the president's designee. | |
3457 | + | 27 (9) The president of the Probation Officers Professional | |
3458 | + | 28 Association of Indiana or the president's designee. | |
3459 | + | 29 (10) The budget director or the budget director's designee. | |
3460 | + | 30 (11) The executive director of the Association of Indiana Counties | |
3461 | + | 31 or the executive director's designee. | |
3462 | + | 32 (12) The president of the Indiana Judges Association or the | |
3463 | + | 33 president's designee. | |
3464 | + | 34 (13) The chair of the Indiana public defender commission or the | |
3465 | + | 35 chair's designee. | |
3466 | + | 36 (14) The chair of the senate corrections and criminal law | |
3467 | + | 37 committee or the chair's designee. | |
3468 | + | 38 (15) The ranking minority member of the senate corrections and | |
3469 | + | 39 criminal law committee or the ranking minority member's | |
3470 | + | 40 designee. | |
3471 | + | 41 (16) The chair of the house courts and criminal code committee | |
3472 | + | 42 or the chair's designee. | |
3473 | + | EH 1026—LS 6162/DI 92 81 | |
3474 | + | 1 (17) The ranking minority member of the house courts and | |
3475 | + | 2 criminal code committee or the ranking minority member's | |
3476 | + | 3 designee. | |
3477 | + | 4 (18) The governor or the governor's designee. | |
3478 | + | 5 (19) The president and chief executive officer of the Indiana | |
3479 | + | 6 Council of Community Mental Health Centers or the president | |
3480 | + | 7 and chief executive officer's designee. | |
3481 | + | 8 (20) The president and chief executive officer of Mental Health | |
3482 | + | 9 America of Indiana or the president and chief executive officer's | |
3483 | + | 10 designee. | |
3484 | + | 11 (b) The chief justice or the chief justice's designee shall serve as | |
3485 | + | 12 chairperson of the advisory council. | |
3486 | + | 13 (c) The duties of the advisory council include: | |
3487 | + | 14 (1) reviewing and evaluating state and local criminal justice | |
3488 | + | 15 systems and corrections programs, including pretrial services, | |
3489 | + | 16 behavioral health treatment and recovery services, community | |
3490 | + | 17 corrections, county jails, parole, and probation services; | |
3491 | + | 18 (2) reviewing the processes used by the department of correction | |
3492 | + | 19 and the division of mental health and addiction in awarding | |
3493 | + | 20 grants; | |
3494 | + | 21 (3) reviewing and evaluating jail overcrowding to identify a range | |
3495 | + | 22 of possible solutions; | |
3496 | + | 23 (4) coordinating with other criminal justice funding sources; | |
3497 | + | 24 (5) establishing committees to inform the work of the advisory | |
3498 | + | 25 council; and | |
3499 | + | 26 (6) performing other relevant duties as determined by the advisory | |
3500 | + | 27 council. | |
3501 | + | 28 (d) The advisory council may make recommendations to: | |
3502 | + | 29 (1) the department of correction, community corrections advisory | |
3503 | + | 30 boards, and the division of mental health and addiction | |
3504 | + | 31 concerning the award of grants; | |
3505 | + | 32 (2) criminal justice systems and corrections programs concerning | |
3506 | + | 33 best practices to improve outcomes of persons under supervision; | |
3507 | + | 34 (3) the Indiana general assembly concerning legislation and | |
3508 | + | 35 funding for criminal justice initiatives; | |
3509 | + | 36 (4) the Indiana criminal justice institute concerning criminal | |
3510 | + | 37 justice funding priorities; | |
3511 | + | 38 (5) the office of judicial administration concerning veterans | |
3512 | + | 39 problem-solving court grants; and | |
3513 | + | 40 (6) the county sheriffs concerning strategies to address jail | |
3514 | + | 41 overcrowding and implementing evidence based practices for | |
3515 | + | 42 reducing recidivism for individuals in county jails. | |
3516 | + | EH 1026—LS 6162/DI 92 82 | |
3517 | + | 1 (e) The office of judicial administration shall staff the advisory | |
3518 | + | 2 council. | |
3519 | + | 3 (f) The expenses of the advisory council shall be paid by the office | |
3520 | + | 4 of judicial administration from funds appropriated to the office of | |
3521 | + | 5 judicial administration for the administrative costs of the justice | |
3522 | + | 6 reinvestment advisory council. | |
3523 | + | 7 (g) A member of the advisory council is not entitled to the minimum | |
3524 | + | 8 salary per diem provided by IC 4-10-11-2.1(b). The member is, | |
3525 | + | 9 however, entitled to reimbursement for traveling expenses as provided | |
3526 | + | 10 under IC 4-13-1-4 and other expenses actually incurred in connection | |
3527 | + | 11 with the member's duties as provided in the state policies and | |
3528 | + | 12 procedures established by the Indiana department of administration and | |
3529 | + | 13 approved by the budget agency. | |
3530 | + | 14 (h) (f) The affirmative votes of a majority of the voting members | |
3531 | + | 15 appointed to the advisory council are required for the advisory council | |
3532 | + | 16 to take action on any measure. | |
3533 | + | 17 (i) (g) The advisory council shall meet as necessary to: | |
3534 | + | 18 (1) work with the department of correction and the division of | |
3535 | + | 19 mental health and addiction to establish the grant criteria and | |
3536 | + | 20 grant reporting requirements described in subsection (m); (k); | |
3537 | + | 21 (2) review grant applications; | |
3538 | + | 22 (3) make recommendations and provide feedback to the | |
3539 | + | 23 department of correction and the division of mental health and | |
3540 | + | 24 addiction concerning grants to be awarded; | |
3541 | + | 25 (4) review grants awarded by the department of correction and the | |
3542 | + | 26 division of mental health and addiction; and | |
3543 | + | 27 (5) suggest areas and programs in which the award of future | |
3544 | + | 28 grants might be beneficial. | |
3545 | + | 29 (j) (h) The advisory council, in conjunction with the Indiana | |
3546 | + | 30 criminal justice institute, shall jointly issue an annual report under | |
3547 | + | 31 IC 5-2-6-24. | |
3548 | + | 32 (k) (i) The advisory council shall review the composition of the | |
3549 | + | 33 community corrections advisory board described in IC 11-12-2-2 and | |
3550 | + | 34 make a recommendation to the legislative council in an electronic | |
3551 | + | 35 format under IC 5-14-6 before November 1, 2022, regarding how to | |
3552 | + | 36 reduce the membership of a community corrections advisory board and | |
3553 | + | 37 the recommended membership for a community corrections advisory | |
3554 | + | 38 board. | |
3555 | + | 39 (l) (j) Any entity that receives funds: | |
3556 | + | 40 (1) recommended by the advisory council; and | |
3557 | + | 41 (2) appropriated by the department of correction; | |
3558 | + | 42 for the purpose of providing additional treatment or supervision | |
3559 | + | EH 1026—LS 6162/DI 92 83 | |
3560 | + | 1 services shall provide the information described in subsection (m) (k) | |
3561 | + | 2 to the department of correction to aid in the compilation of the report | |
3562 | + | 3 described in subsection (j). (h). | |
3563 | + | 4 (m) (k) The department of correction shall provide the advisory | |
3564 | + | 5 council with the following information: | |
3565 | + | 6 (1) The total number of participants, categorized by level of most | |
3566 | + | 7 serious offense, who were served by the entity through funds | |
3567 | + | 8 described in subsection (l). (j). | |
3568 | + | 9 (2) The percentage of participants, categorized by level of most | |
3569 | + | 10 serious offense, who completed a treatment program, service, or | |
3570 | + | 11 level of supervision. | |
3571 | + | 12 (3) The percentage of participants, categorized by level of most | |
3572 | + | 13 serious offense, who were discharged from a treatment program, | |
3573 | + | 14 service, or level of supervision. | |
3574 | + | 15 (4) The percentage of participants, categorized by level of most | |
3575 | + | 16 serious offense, who: | |
3576 | + | 17 (A) completed a funded treatment program, service, or level of | |
3577 | + | 18 supervision; and | |
3578 | + | 19 (B) were subsequently committed to the department of | |
3579 | + | 20 correction; | |
3580 | + | 21 within twenty-four (24) months after completing the funded | |
3581 | + | 22 treatment program, service, or level of supervision. | |
3582 | + | 23 (5) The percentage of participants, categorized by level of most | |
3583 | + | 24 serious offense, who were: | |
3584 | + | 25 (A) discharged from a funded treatment program, service, or | |
3585 | + | 26 level of supervision; and | |
3586 | + | 27 (B) subsequently committed to the department of correction; | |
3587 | + | 28 within twenty-four (24) months after being discharged from the | |
3588 | + | 29 funded treatment program, service, or level of supervision. | |
3589 | + | 30 (6) The total number of participants who completed a funded | |
3590 | + | 31 treatment program, service, or level of supervision. | |
3591 | + | 32 (7) The total number of participants who: | |
3592 | + | 33 (A) completed a funded treatment program, service, or level of | |
3593 | + | 34 supervision; and | |
3594 | + | 35 (B) were legally employed. | |
3595 | + | 36 (8) Any other information relevant to the funding of the entity as | |
3596 | + | 37 described in subsection (l). (j). | |
3597 | + | 38 SECTION 153. IC 33-38-9.5-2.1 IS ADDED TO THE INDIANA | |
3598 | + | 39 CODE AS A NEW SECTION TO READ AS FOLLOWS | |
3599 | + | 40 [EFFECTIVE UPON PASSAGE]: Sec. 2.1. The justice reinvestment | |
3600 | + | 41 advisory council established under section 2 of this chapter shall | |
3601 | + | 42 meet at the call of the chair. | |
3602 | + | EH 1026—LS 6162/DI 92 84 | |
3603 | + | 1 SECTION 154. IC 33-38-9.5-2.5 IS ADDED TO THE INDIANA | |
3604 | + | 2 CODE AS A NEW SECTION TO READ AS FOLLOWS | |
3605 | + | 3 [EFFECTIVE UPON PASSAGE]: Sec. 2.5. (a) Except as provided in | |
3606 | + | 4 subsection (e), a member of the advisory council is not entitled to | |
3607 | + | 5 the minimum salary per diem provided by IC 4-10-11-2.1(b). | |
3608 | + | 6 (b) A member of the advisory council who is a state employee is | |
3609 | + | 7 entitled to reimbursement for traveling expenses as provided under | |
3610 | + | 8 IC 4-13-1-4 and other expenses actually incurred in connection | |
3611 | + | 9 with the member's duties as provided in the state policies and | |
3612 | + | 10 procedures established by the Indiana department of | |
3613 | + | 11 administration and approved by the budget agency. | |
3614 | + | 12 (c) A member of the advisory council who is not a state | |
3615 | + | 13 employee is entitled to reimbursement for mileage, traveling | |
3616 | + | 14 expenses as provided under IC 4-13-1-4, and other expenses | |
3617 | + | 15 actually incurred in connection with the member's duties as | |
3618 | + | 16 provided in the state policies and procedures established by the | |
3619 | + | 17 Indiana department of administration and approved by the budget | |
3620 | + | 18 agency. | |
3621 | + | 19 (d) Except as provided in subsection (e), the expenses of the | |
3622 | + | 20 advisory council shall be paid by the office of judicial | |
3623 | + | 21 administration from funds appropriated to the office of judicial | |
3624 | + | 22 administration for the administrative costs of the justice | |
3625 | + | 23 reinvestment advisory council. | |
3626 | + | 24 (e) Each member of the advisory council who is a member of the | |
3627 | + | 25 general assembly is entitled to receive the same per diem, mileage, | |
3628 | + | 26 and travel allowances paid to legislative members of interim study | |
3629 | + | 27 committees established by the legislative council. Per diem, | |
3630 | + | 28 mileage, and travel allowances paid under this subsection shall be | |
3631 | + | 29 paid from appropriations made to the legislative council or the | |
3632 | + | 30 legislative services agency. | |
3633 | + | 31 SECTION 155. IC 33-40-5-3 IS AMENDED TO READ AS | |
3634 | + | 32 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. (a) The members | |
3635 | + | 33 of the commission shall designate one (1) member of the commission | |
3636 | + | 34 as chairperson. | |
3637 | + | 35 (b) The term of office of each member of the commission is four (4) | |
3638 | + | 36 years. A vacancy occurring among the members of the commission | |
3639 | + | 37 before the expiration of a term shall be filled in the same manner as the | |
3640 | + | 38 original appointment. An appointment to fill a vacancy occurring | |
3641 | + | 39 before the expiration of a term is for the remainder of the unexpired | |
3642 | + | 40 term. | |
3643 | + | 41 (c) Each member of the commission who is a state employee is | |
3644 | + | 42 entitled to reimbursement for traveling expenses and other expenses | |
3645 | + | EH 1026—LS 6162/DI 92 85 | |
3646 | + | 1 actually incurred in connection with the member's duties, as provided | |
3647 | + | 2 in the state travel policies and procedures established by the Indiana | |
3648 | + | 3 department of administration and approved by the budget agency. | |
3649 | + | 4 (d) A member of the commission who is not a state employee is | |
3650 | + | 5 entitled to: | |
3651 | + | 6 (1) the minimum salary per diem provided by IC 4-10-11-2.1(b); | |
3652 | + | 7 and | |
3653 | + | 8 (2) reimbursement for mileage, traveling expenses, and other | |
3654 | + | 9 expenses actually incurred in connection with the member's | |
3655 | + | 10 duties, as provided in the state travel policies and procedures | |
3656 | + | 11 established by the Indiana department of administration and | |
3657 | + | 12 approved by the budget agency. | |
3658 | + | 13 (e) Each member of the commission who is a member of the | |
3659 | + | 14 general assembly is entitled to receive the same per diem, mileage, | |
3660 | + | 15 and travel allowances paid to legislative members of interim study | |
3661 | + | 16 committees established by the legislative council. Per diem, | |
3662 | + | 17 mileage, and travel allowances paid under this subsection shall be | |
3663 | + | 18 paid from appropriations made to the legislative council or the | |
3664 | + | 19 legislative services agency. | |
3665 | + | 20 (f) Expenses paid under subsections (c) and (d) shall be paid | |
3666 | + | 21 from appropriations made to the commission. | |
3667 | + | 22 (e) (g) The commission shall meet at least quarterly and at times | |
3668 | + | 23 called by the chairperson or at the request of three (3) commission | |
3669 | + | 24 members. | |
3670 | + | 25 SECTION 156. IC 33-40-5-3.5 IS ADDED TO THE INDIANA | |
3671 | + | 26 CODE AS A NEW SECTION TO READ AS FOLLOWS | |
3672 | + | 27 [EFFECTIVE UPON PASSAGE]: Sec. 3.5. (a) A legislative member | |
3673 | + | 28 of the commission serves a two (2) year term that expires June 30 | |
3674 | + | 29 of an odd-numbered year. | |
3675 | + | 30 (b) A member of the commission appointed under section | |
3676 | + | 31 2(b)(1) through 2(b)(3) of this chapter serves a four (4) year term | |
3677 | + | 32 that expires June 30, 2025, and each fourth year thereafter. | |
3678 | + | 33 (c) A member of the commission serves at the pleasure of the | |
3679 | + | 34 appointing authority and may be reappointed to successive terms. | |
3680 | + | 35 SECTION 157. An emergency is declared for this act. | |
3681 | + | EH 1026—LS 6162/DI 92 86 | |
3682 | + | COMMITTEE REPORT | |
3683 | + | Mr. Speaker: Your Committee on Government and Regulatory | |
3684 | + | Reform, to which was referred House Bill 1026, has had the same | |
3685 | + | under consideration and begs leave to report the same back to the | |
3686 | + | House with the recommendation that said bill be amended as follows: | |
3687 | + | Page 1, between the enacting clause and line 1, begin a new | |
3688 | + | paragraph and insert: | |
3689 | + | "SECTION 1. IC 1-1-4-8 IS ADDED TO THE INDIANA CODE AS | |
15 | 3690 | A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON | |
16 | 3691 | PASSAGE]: Sec. 8. For purposes of a statute providing for the | |
17 | 3692 | reimbursement of the expenses incurred by an individual serving | |
18 | 3693 | as a member of a task force, a commission, a committee, or another | |
19 | 3694 | body (however designated), a member of the general assembly is | |
20 | - | not considered a state employee. | |
21 | - | SECTION 2. IC 2-5-1.1-10 IS REPEALED [EFFECTIVE UPON | |
22 | - | PASSAGE]. Sec. 10. (a) The Indiana code revision commission is | |
23 | - | established. The commission shall function as an advisory body to the | |
24 | - | legislative council. In that capacity, the commission shall: | |
25 | - | (1) assist the council in supervising the compilation, | |
26 | - | computerization, indexing, and printing of the Indiana Code; | |
27 | - | (2) assist the council in developing standards for the codification | |
28 | - | and revision of statutes to make those statutes clear, concise, and | |
29 | - | easy to interpret and to apply; | |
30 | - | (3) assist the council, as required by IC 4-22-8-11, with the | |
31 | - | publication of the Indiana Register and in the compilation, | |
32 | - | computerization, indexing, and printing of the Indiana | |
33 | - | Administrative Code; | |
34 | - | (4) assist the council, as required by IC 4-22-2-42, in developing | |
35 | - | and revising standards, techniques, format, and numbering system | |
36 | - | HEA 1026 — Concur 2 | |
37 | - | to be used in drafting rules for promulgation; | |
38 | - | (5) assist the council in developing and revising standards, | |
39 | - | techniques, and format to be used when preparing legislation for | |
40 | - | consideration by the Indiana general assembly; and | |
41 | - | (6) assist the council with any other related tasks assigned to the | |
42 | - | commission by the council. | |
43 | - | (b) The commission consists of the following members: | |
44 | - | (1) Four (4) members of the house of representatives, not more | |
45 | - | than two (2) of whom are members of the same political party, to | |
46 | - | be appointed by the speaker of the house of representatives. | |
47 | - | (2) Four (4) members of the senate, not more than two (2) of | |
48 | - | whom are members of the same political party, to be appointed by | |
49 | - | the president pro tempore of the senate. | |
50 | - | (3) The chief justice of Indiana or the chief justice's designee. | |
51 | - | (4) The chief judge of the Indiana court of appeals or the chief | |
52 | - | judge's designee. | |
53 | - | (5) The Indiana attorney general or the attorney general's | |
54 | - | designee. | |
55 | - | (6) An attorney admitted to the practice of law before the Indiana | |
56 | - | supreme court selected by the chairman of the council. | |
57 | - | (7) A present or former professor of law selected by the chairman | |
58 | - | of the council. | |
59 | - | (8) The Indiana secretary of state or the secretary of state's | |
60 | - | designee. | |
61 | - | (9) An individual appointed by the governor. | |
62 | - | Appointive members of the commission shall be appointed to serve a | |
63 | - | term of two (2) years or until their successors are appointed and | |
64 | - | qualified. However, an appointing authority may replace a member | |
65 | - | appointed under subsection (b)(1) or (b)(2) at any time during the | |
66 | - | member's term. | |
67 | - | (c) IC 2-5-1.2-8.5 applies to the appointment of a chair and a | |
68 | - | vice-chair of the commission. | |
69 | - | (d) Commission members serve without compensation other than | |
70 | - | per diem and travel allowance as authorized for legislative study | |
71 | - | committees. | |
72 | - | (e) The commission shall meet as often as is necessary to properly | |
73 | - | perform its duties. | |
74 | - | (f) The council may direct the legislative services agency to provide | |
75 | - | such clerical, research, and administrative personnel and other | |
76 | - | assistance as the council considers necessary to enable the commission | |
77 | - | to properly perform its duties. | |
78 | - | (g) Subject to the authorization of the council, the expenses incurred | |
79 | - | HEA 1026 — Concur 3 | |
80 | - | by the commission in performing its duties shall be paid from the funds | |
81 | - | appropriated to the council. | |
82 | - | SECTION 3. IC 2-5-1.2-4, AS AMENDED BY P.L.53-2014, | |
3695 | + | not considered a state employee.". | |
3696 | + | Page 2, after line 42, begin a new paragraph and insert: | |
3697 | + | "SECTION 3. IC 2-5-1.2-4, AS AMENDED BY P.L.53-2014, | |
83 | 3698 | SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
84 | 3699 | UPON PASSAGE]: Sec. 4. "Committee" refers to a commission, a task | |
85 | 3700 | force, a committee, or another body (however designated) established | |
86 | 3701 | under this article. including a subcommittee established under | |
87 | 3702 | IC 2-5-1.3-12 and a committee established under IC 2-5-1.3-14. | |
88 | 3703 | SECTION 4. IC 2-5-1.2-8.6 IS ADDED TO THE INDIANA CODE | |
89 | 3704 | AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE | |
90 | 3705 | UPON PASSAGE]: Sec. 8.6. (a) Subject to subsections (b) and (c), | |
91 | 3706 | a member of a committee serves a two (2) year term that expires on | |
92 | 3707 | June 30 of an odd-numbered year. A member may be reappointed | |
93 | 3708 | to serve successive terms. | |
94 | 3709 | (b) A member of a committee serves at the pleasure of the | |
95 | 3710 | appointing authority. | |
96 | 3711 | (c) A member of a committee established by statute in an | |
97 | 3712 | even-numbered year serves a one (1) year term that expires on | |
98 | 3713 | June 30 of the following year. | |
99 | 3714 | SECTION 5. IC 2-5-1.2-11, AS ADDED BY P.L.220-2011, | |
100 | 3715 | SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
101 | 3716 | UPON PASSAGE]: Sec. 11. (a) Each member of a committee who is | |
102 | 3717 | not a state employee is entitled to receive the same per diem, mileage, | |
103 | 3718 | and travel allowances paid to individuals who serve as legislative and | |
104 | 3719 | lay members, respectively, of interim study committees established by | |
105 | 3720 | the legislative council. | |
106 | 3721 | (b) Each member of a committee who is a state employee is | |
107 | 3722 | entitled to reimbursement for traveling expenses as provided under | |
108 | 3723 | IC 4-13-1-4 and other expenses actually incurred in connection | |
3724 | + | EH 1026—LS 6162/DI 92 87 | |
109 | 3725 | with the member's duties as provided in the state policies and | |
110 | 3726 | procedures established by the Indiana department of | |
111 | 3727 | administration and approved by the budget agency. | |
112 | 3728 | (c) Each member of a committee who is a member of the general | |
113 | 3729 | assembly is entitled to receive the same per diem, mileage, and | |
114 | 3730 | travel allowances paid to members of the general assembly serving | |
115 | 3731 | on interim study committees established by the legislative council. | |
116 | 3732 | (d) Per diem, mileage, and travel allowances paid under this | |
117 | 3733 | chapter shall be paid from appropriations made to the legislative | |
118 | - | council or the legislative services agency. | |
119 | - | SECTION 6. IC 2-5-1.4 IS ADDED TO THE INDIANA CODE AS | |
120 | - | A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON | |
121 | - | PASSAGE]: | |
122 | - | HEA 1026 — Concur 4 | |
123 | - | Chapter 1.4. Code Revision Committee | |
124 | - | Sec. 1. As used in this chapter, "committee" refers to the code | |
125 | - | revision committee described in section 3 of this chapter. | |
126 | - | Sec. 2. As used in this chapter, "council" refers to the legislative | |
127 | - | council created by IC 2-5-1.1-1. | |
128 | - | Sec. 3. The Indiana code revision commission established by | |
129 | - | IC 2-5-1.1-10 (before its repeal) is hereby renamed and shall be | |
130 | - | known as the code revision committee. The committee is an | |
131 | - | advisory body to the council. In that capacity, the committee shall: | |
132 | - | (1) assist the council in supervising the compilation, | |
133 | - | computerization, indexing, and printing of the Indiana Code; | |
134 | - | (2) assist the council in developing standards for the | |
135 | - | codification and revision of statutes to make those statutes | |
136 | - | clear, concise, and easy to interpret and to apply; | |
137 | - | (3) assist the council, as required by IC 4-22-8-11, with the | |
138 | - | publication of the Indiana Register and in the compilation, | |
139 | - | computerization, indexing, and printing of the Indiana | |
140 | - | Administrative Code; | |
141 | - | (4) assist the council, as required by IC 4-22-2-42, in | |
142 | - | developing and revising standards, techniques, format, and | |
143 | - | numbering system to be used in drafting rules for | |
144 | - | promulgation; | |
145 | - | (5) assist the council in developing and revising standards, | |
146 | - | techniques, and format to be used when preparing legislation | |
147 | - | for consideration by the Indiana general assembly; and | |
148 | - | (6) assist the council with any other related tasks assigned to | |
149 | - | the committee by the council. | |
150 | - | Sec. 4. The committee consists of the following members: | |
151 | - | (1) Four (4) members of the house of representatives, not | |
152 | - | more than two (2) of whom are members of the same political | |
153 | - | party, to be appointed by the speaker of the house of | |
154 | - | representatives. | |
155 | - | (2) Four (4) members of the senate, not more than two (2) of | |
156 | - | whom are members of the same political party, to be | |
157 | - | appointed by the president pro tempore of the senate. | |
158 | - | (3) The chief justice of Indiana or the chief justice's designee. | |
159 | - | (4) The chief judge of the Indiana court of appeals or the chief | |
160 | - | judge's designee. | |
161 | - | (5) The Indiana attorney general or the attorney general's | |
162 | - | designee. | |
163 | - | (6) An attorney admitted to the practice of law before the | |
164 | - | Indiana supreme court selected by the chairperson of the | |
165 | - | HEA 1026 — Concur 5 | |
166 | - | council. | |
167 | - | (7) A present or former professor of law selected by the | |
168 | - | chairperson of the council. | |
169 | - | (8) The Indiana secretary of state or the secretary of state's | |
170 | - | designee. | |
171 | - | (9) An individual appointed by the governor. | |
172 | - | Sec. 5. Members of the committee serve a term of two (2) years | |
173 | - | that expires June 30 of an odd-numbered year or until their | |
174 | - | successors are appointed and qualified. A member of the | |
175 | - | committee may be reappointed to successive terms. Members of the | |
176 | - | committee serve at the pleasure of the appointing authority. | |
177 | - | Sec. 6. The committee is subject to IC 2-5-1.2 and the policies | |
178 | - | and rules of the council. | |
179 | - | SECTION 7. IC 2-5-16.1-1, AS ADDED BY P.L.231-2019, | |
180 | - | SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
181 | - | UPON PASSAGE]: Sec. 1. As used in this chapter, "commission" | |
182 | - | "committee" refers to the probate code study commission committee | |
183 | - | established by section 2 of this chapter. | |
184 | - | SECTION 8. IC 2-5-16.1-2, AS ADDED BY P.L.231-2019, | |
185 | - | SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
186 | - | UPON PASSAGE]: Sec. 2. The probate code study commission | |
187 | - | committee is established. | |
188 | - | SECTION 9. IC 2-5-16.1-3, AS AMENDED BY P.L.154-2022, | |
189 | - | SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
190 | - | UPON PASSAGE]: Sec. 3. (a) The commission committee has the | |
191 | - | following membership: | |
192 | - | (1) Nine (9) members appointed by the governor that meet the | |
193 | - | following requirements: | |
194 | - | (A) Each Indiana congressional district must be represented by | |
195 | - | at least one (1) member appointed under this subdivision who | |
196 | - | is a resident of that congressional district. | |
197 | - | (B) One (1) member must work in the trust department of a | |
198 | - | bank, trust company, savings institution, or credit union | |
199 | - | chartered and supervised under IC 28 or federal law. | |
200 | - | (C) One (1) member must be an attorney licensed in Indiana | |
201 | - | who primarily practices in the area of creditors' rights. | |
202 | - | (D) One (1) member must be an attorney licensed in Indiana | |
203 | - | who practices in the area of estate planning. | |
204 | - | (E) One (1) member must be an attorney licensed in Indiana | |
205 | - | who practices in the area of guardianships. | |
206 | - | (F) One (1) member must be an attorney licensed in Indiana | |
207 | - | who practices in the area of trusts. | |
208 | - | HEA 1026 — Concur 6 | |
209 | - | (G) One (1) member must be an attorney licensed in Indiana | |
210 | - | who practices in the area of probate of estates. | |
211 | - | (H) One (1) member must be an attorney licensed in Indiana | |
212 | - | who practices in the area of probate litigation. | |
213 | - | (I) One (1) member must be an Indiana trial court judge, | |
214 | - | full-time magistrate, or full-time commissioner whose | |
215 | - | jurisdiction includes probate. | |
216 | - | (J) One (1) member must be an active or retired faculty | |
217 | - | member of an Indiana institution of higher learning who | |
218 | - | specializes in the field of estate planning and probate. | |
219 | - | (2) Three (3) members appointed by the president pro tempore of | |
220 | - | the senate from among the members of the senate, not more than | |
221 | - | two (2) of whom may be affiliated with the same political party. | |
222 | - | (3) Three (3) members appointed by the speaker of the house of | |
223 | - | representatives from among the members of the house of | |
224 | - | representatives, not more than two (2) of whom may be affiliated | |
225 | - | with the same political party. | |
226 | - | (4) The chief justice of the supreme court or a designee of the | |
227 | - | chief justice, who shall serve as a nonvoting member. | |
228 | - | (b) If a legislative member of the commission committee ceases to | |
229 | - | be a member of the chamber from which the member was appointed, | |
230 | - | the person ceases to be a member of the commission. committee. | |
231 | - | (c) The term of a legislative member is two (2) years. A legislative | |
232 | - | member's term expires on June 30 of an odd-numbered year. The | |
233 | - | term of a member appointed by the governor is four (4) years and | |
234 | - | expires as follows: | |
3734 | + | council or the legislative services agency.". | |
3735 | + | Page 4, line 15, delete "IC 2-5-1.2, IC 2-5-1.3," and insert "IC | |
3736 | + | 2-5-1.2". | |
3737 | + | Page 5, line 26, after "term of a" insert "legislative". | |
3738 | + | Page 5, line 26, delete "A member's" and insert "A legislative | |
3739 | + | member's". | |
3740 | + | Page 5, line 27, after "." insert "The term of a member appointed | |
3741 | + | by the governor is four (4) years and expires as follows: | |
235 | 3742 | (1) For a member appointed under subsection (a)(1)(B) | |
236 | 3743 | through (a)(1)(F), June 30, 2025, and every fourth year | |
237 | 3744 | thereafter. | |
238 | 3745 | (2) For a member appointed under subsection (a)(1)(G) | |
239 | 3746 | through (a)(1)(J), June 30, 2027, and every fourth year | |
240 | 3747 | thereafter. | |
241 | 3748 | A member of the committee may be reappointed to successive | |
242 | - | terms. | |
243 | - | (d) If: | |
244 | - | (1) the term of a member expires; | |
245 | - | (2) the member is not reappointed; and | |
246 | - | (3) a successor is not appointed; | |
247 | - | the term of the member continues until a successor is appointed. | |
248 | - | (e) All initial appointments to the probate code study commission | |
249 | - | must be made no later than July 1, 2019. | |
250 | - | SECTION 10. IC 2-5-16.1-3.5 IS ADDED TO THE INDIANA | |
251 | - | HEA 1026 — Concur 7 | |
252 | - | CODE AS A NEW SECTION TO READ AS FOLLOWS | |
253 | - | [EFFECTIVE UPON PASSAGE]: Sec. 3.5. Except as otherwise | |
254 | - | provided in this chapter, the committee is subject to IC 2-5-1.2 and | |
255 | - | the policies and rules of the legislative council. | |
256 | - | SECTION 11. IC 2-5-16.1-4 IS REPEALED [EFFECTIVE UPON | |
257 | - | PASSAGE]. Sec. 4. (a) For calendar year 2019 and every fourth year | |
258 | - | thereafter, the president pro tempore of the senate shall appoint a | |
259 | - | chairperson and a vice chairperson from among the commission's | |
260 | - | legislative members, each to serve a term of two (2) years. | |
261 | - | (b) For calendar year 2021 and every fourth year thereafter, the | |
262 | - | speaker of the house of representatives shall appoint a chairperson and | |
263 | - | a vice chairperson from among the commission's legislative members, | |
264 | - | each to serve a term of two (2) years. | |
265 | - | SECTION 12. IC 2-5-16.1-5 IS REPEALED [EFFECTIVE UPON | |
3749 | + | terms.". | |
3750 | + | Page 5, line 38, delete "IC 2-5-1.2," and insert "IC 2-5-1.2". | |
3751 | + | Page 5, line 39, delete "IC 2-5-1.3,". | |
3752 | + | Page 6, delete lines 7 through 13, begin a new paragraph and insert: | |
3753 | + | "SECTION 12. IC 2-5-16.1-5 IS REPEALED [EFFECTIVE UPON | |
266 | 3754 | PASSAGE]. Sec. 5. (a) A vacancy on the commission shall be filled by | |
267 | 3755 | the original appointing authority. | |
268 | 3756 | (b) If the office of chairperson or vice chairperson of the | |
269 | 3757 | commission becomes vacant, the commission shall elect a person to fill | |
270 | - | the vacancy from among the legislative members of the commission. | |
271 | - | SECTION 13. IC 2-5-16.1-6, AS AMENDED BY P.L.154-2022, | |
272 | - | SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
273 | - | UPON PASSAGE]: Sec. 6. (a) A quorum for a meeting of the | |
274 | - | commission committee is determined as follows: | |
275 | - | STEP ONE: Determine the total number of members currently | |
276 | - | serving on the commission. committee. | |
277 | - | STEP TWO: Divide the number determined in STEP ONE by two | |
278 | - | (2). If the quotient is not a whole number, round the quotient up | |
279 | - | to the nearest whole number. | |
280 | - | STEP THREE: Add one (1) member to the quotient determined | |
281 | - | in STEP TWO. | |
282 | - | (b) The affirmative votes of at least eight (8) voting members of the | |
283 | - | commission committee are required for the commission committee to | |
284 | - | take final action. | |
285 | - | SECTION 14. IC 2-5-16.1-7, AS ADDED BY P.L.231-2019, | |
286 | - | SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
287 | - | UPON PASSAGE]: Sec. 7. Subject to applicable statutes and policies | |
288 | - | established by the legislative council, the commission, committee, by | |
289 | - | resolution, may adopt rules and create committees, subcommittees, | |
290 | - | consisting of its members, necessary for the proper conduct of its | |
291 | - | business. | |
292 | - | SECTION 15. IC 2-5-16.1-8 IS REPEALED [EFFECTIVE UPON | |
3758 | + | the vacancy from among the legislative members of the commission.". | |
3759 | + | Page 6, delete lines 35 through 42. | |
3760 | + | Page 7, delete lines 1 through 6, begin a new paragraph and insert: | |
3761 | + | "SECTION 15. IC 2-5-16.1-8 IS REPEALED [EFFECTIVE UPON | |
293 | 3762 | PASSAGE]. Sec. 8. Each legislative member and each lay member of | |
294 | - | HEA 1026 — Concur 8 | |
295 | 3763 | the commission is entitled to receive the same per diem, mileage, and | |
296 | 3764 | travel allowances paid to individuals serving as legislative and lay | |
297 | 3765 | members, respectively, on an interim study committee established by | |
298 | 3766 | the legislative council. | |
3767 | + | EH 1026—LS 6162/DI 92 88 | |
299 | 3768 | SECTION 16. IC 2-5-16.1-9 IS REPEALED [EFFECTIVE UPON | |
300 | 3769 | PASSAGE]. Sec. 9. The legislative services agency shall provide staff | |
301 | - | to support the commission. | |
302 | - | SECTION 17. IC 2-5-16.1-10 IS REPEALED [EFFECTIVE UPON | |
303 | - | PASSAGE]. Sec. 10. Funds necessary to carry out this chapter shall be | |
304 | - | allotted to the commission from funds appropriated to the legislative | |
305 | - | council. | |
306 | - | SECTION 18. IC 2-5-16.1-11, AS ADDED BY P.L.231-2019, | |
307 | - | SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
308 | - | UPON PASSAGE]: Sec. 11. Subject to standards set by statute and the | |
309 | - | policies established by the legislative council, the commission | |
310 | - | committee may accept money or services from any public or private | |
311 | - | source to carry out this chapter. | |
312 | - | SECTION 19. IC 2-5-16.1-12 IS REPEALED [EFFECTIVE UPON | |
3770 | + | to support the commission.". | |
3771 | + | Page 7, delete lines 17 through 21, begin a new paragraph and | |
3772 | + | insert: | |
3773 | + | "SECTION 19. IC 2-5-16.1-12 IS REPEALED [EFFECTIVE UPON | |
313 | 3774 | PASSAGE]. Sec. 12. The commission shall submit reports in an | |
314 | 3775 | electronic format under IC 5-14-6 to the legislative council as and | |
315 | - | when requested by the council. | |
316 | - | SECTION 20. IC 2-5-16.1-13, AS ADDED BY P.L.231-2019, | |
317 | - | SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
318 | - | UPON PASSAGE]: Sec. 13. The commission committee shall carry | |
319 | - | out a program to study and recommend to the general assembly needed | |
320 | - | changes in the following: | |
321 | - | (1) The probate code (IC 29-1). | |
322 | - | (2) The trust code (IC 30-4). | |
323 | - | (3) Any other statute affecting the administration of a decedent's | |
324 | - | estate, guardianship, probate jurisdiction, trust, or fiduciary. | |
325 | - | SECTION 21. IC 2-5-16.1-14, AS ADDED BY P.L.231-2019, | |
326 | - | SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
327 | - | UPON PASSAGE]: Sec. 14. The legislative council may refer any | |
328 | - | issue related to probate or trusts and fiduciaries to the commission | |
329 | - | committee for study. If a matter is referred to the commission | |
330 | - | committee under this section, the commission committee shall study | |
331 | - | that matter and report in an electronic format under IC 5-14-6 to the | |
332 | - | legislative council as requested by the council. | |
333 | - | SECTION 22. IC 2-5-35-3, AS ADDED BY P.L.53-2012, | |
334 | - | SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
335 | - | UPON PASSAGE]: Sec. 3. The commission is comprised of the | |
336 | - | following members: | |
337 | - | HEA 1026 — Concur 9 | |
338 | - | (1) A member of the senate appointed by the president pro | |
339 | - | tempore of the senate. | |
340 | - | (2) A member of the senate appointed by the minority leader of | |
341 | - | the senate. | |
342 | - | (3) A member of the house of representatives appointed by the | |
343 | - | speaker of the house of representatives. | |
344 | - | (4) A member of the house of representatives appointed by the | |
345 | - | minority leader of the house of representatives. | |
346 | - | (5) The revisor of statutes of the general assembly or the | |
347 | - | revisor's designee. | |
348 | - | (6) A current or former law professor with expertise in | |
349 | - | commercial law appointed by the chief justice of Indiana. | |
350 | - | (7) Five (5) members appointed by the governor, not more than | |
351 | - | three (3) of whom may be from the same political party. | |
352 | - | SECTION 23. IC 2-5-35-5, AS ADDED BY P.L.53-2012, | |
3776 | + | when requested by the council.". | |
3777 | + | Page 8, delete lines 15 through 41, begin a new paragraph and | |
3778 | + | insert: | |
3779 | + | "SECTION 23. IC 2-5-35-5, AS ADDED BY P.L.53-2012, | |
353 | 3780 | SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
354 | 3781 | UPON PASSAGE]: Sec. 5. (a) A member of the commission is entitled | |
355 | 3782 | to reimbursement of actual expenses that are: | |
356 | 3783 | (1) incurred by the member in participating on the commission | |
357 | 3784 | under this chapter; and | |
358 | 3785 | (2) not reimbursed from any other source. | |
359 | 3786 | Participation on the commission under this chapter includes attending | |
360 | 3787 | the annual meeting of the National Conference of Commissioners on | |
361 | 3788 | Uniform State Laws. | |
362 | 3789 | (b) Expenses incurred by members in participating on the | |
363 | 3790 | commission under this chapter shall be reimbursed as follows: | |
364 | 3791 | (1) The expenses of members appointed under section 3(1) | |
365 | 3792 | through 3(4) of this chapter shall be reimbursed from money | |
366 | 3793 | appropriated to the senate, the house of representatives, the | |
367 | 3794 | legislative council, or the legislative services agency. | |
368 | 3795 | (2) The expenses of the revisor of statutes or the revisor's | |
369 | 3796 | designee under section 3(5) of this chapter shall be reimbursed | |
370 | 3797 | from funds appropriated to the legislative services agency. | |
371 | 3798 | (3) The expenses of members appointed under section 3(6) and | |
372 | 3799 | 3(7) of this chapter shall be reimbursed from money appropriated | |
373 | - | to the commission. | |
374 | - | SECTION 24. IC 2-5-54 IS ADDED TO THE INDIANA CODE AS | |
375 | - | A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON | |
376 | - | PASSAGE]: | |
377 | - | Chapter 54. Medicaid Oversight Committee | |
378 | - | Sec. 1. As used in this chapter, "oversight committee" refers to | |
379 | - | the Medicaid oversight committee established by section 2 of this | |
380 | - | HEA 1026 — Concur 10 | |
381 | - | chapter. | |
382 | - | Sec. 2. The Medicaid oversight committee is established. | |
383 | - | Sec. 3. The oversight committee consists of the following | |
384 | - | members: | |
385 | - | (1) The chairperson of the house ways and means committee. | |
386 | - | (2) The ranking minority member of the house ways and | |
387 | - | means committee. | |
388 | - | (3) One (1) member of the house ways and means committee | |
389 | - | who is appointed by the speaker of the house of | |
390 | - | representatives. | |
391 | - | (4) The chairperson of the house public health committee. | |
392 | - | (5) The chairperson of the senate appropriations committee. | |
393 | - | (6) The chairperson of the senate tax and fiscal policy | |
394 | - | committee. | |
395 | - | (7) The ranking minority member of the senate | |
396 | - | appropriations committee. | |
397 | - | (8) The chairperson of the senate health and provider services | |
398 | - | committee. | |
399 | - | (9) The director of the office of management and budget, or | |
400 | - | the director's designee. | |
401 | - | (10) The secretary of the family and social services | |
402 | - | administration, or the secretary's designee. | |
403 | - | Sec. 4. The oversight committee shall review, consider, and | |
404 | - | make recommendations concerning all requests for new services | |
405 | - | and changes in existing services for the Medicaid program. | |
406 | - | Sec. 5. The oversight committee shall operate under IC 2-5-1.2, | |
407 | - | IC 2-5-1.3, and the policies and rules of the legislative council. | |
408 | - | Sec. 6. A member of the committee serves at the pleasure of the | |
3800 | + | to the commission.". | |
3801 | + | Page 9, between lines 32 and 33, begin a new paragraph and insert: | |
3802 | + | "Sec. 6. A member of the committee serves at the pleasure of the | |
409 | 3803 | appointing authority. A member of the committee appointed under | |
410 | 3804 | IC 12-15-47.3 (before its repeal) serves a (2) two year term that | |
411 | 3805 | expires on June 30, 2025. A member may be reappointed to | |
412 | - | successive terms. | |
413 | - | SECTION 25. IC 4-3-25-4, AS AMENDED BY P.L.43-2021, | |
414 | - | SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
415 | - | UPON PASSAGE]: Sec. 4. (a) The commission consists of the | |
416 | - | following twenty (20) members: | |
417 | - | (1) A member of the governor's staff appointed by the governor. | |
418 | - | (2) An appellate or trial court judge appointed by the chief justice | |
419 | - | of the supreme court to serve on the commission for a term of four | |
420 | - | (4) years. | |
421 | - | (3) One (1) legislative member appointed by the president pro | |
422 | - | tempore of the senate. | |
423 | - | HEA 1026 — Concur 11 | |
424 | - | (4) One (1) legislative member appointed by the minority leader | |
425 | - | of the senate. | |
426 | - | (5) One (1) legislative member appointed by the speaker of the | |
427 | - | house of representatives. | |
428 | - | (6) One (1) legislative member appointed by the minority leader | |
429 | - | of the house of representatives. | |
430 | - | (7) The secretary of education. | |
431 | - | (8) The director of the department of child services. | |
432 | - | (9) The executive director of the Indiana prosecuting attorneys | |
433 | - | council. | |
434 | - | (10) The executive director of the public defender council of | |
435 | - | Indiana. | |
436 | - | (11) The secretary of family and social services. | |
437 | - | (12) The state health commissioner. | |
438 | - | (13) The commissioner of the department of correction. | |
439 | - | (14) The superintendent of the state police department. | |
440 | - | (15) The director of the office of management and budget or the | |
441 | - | budget director, as selected by the governor. | |
442 | - | (16) The executive director of the Indiana criminal justice | |
443 | - | institute. | |
444 | - | (17) The executive director of the professional licensing agency. | |
445 | - | (18) The attorney general, who shall serve as a nonvoting | |
446 | - | member. | |
447 | - | (19) One (1) member at large appointed by the governor. The | |
448 | - | member appointed under this subdivision serves at the | |
449 | - | pleasure of the governor and may be reappointed to | |
450 | - | successive terms. | |
451 | - | (20) The executive director of the Indiana housing and | |
452 | - | community development authority. | |
453 | - | (b) Each legislative member of the commission serves a two (2) | |
454 | - | year term ending June 30 of each odd-numbered year. A legislative | |
455 | - | member of the commission may be reappointed to successive | |
456 | - | terms. The member appointed under subsection (a)(19) serves a | |
457 | - | four (4) year term ending December 31, 2025, and each fourth year | |
458 | - | thereafter. | |
459 | - | SECTION 26. IC 4-3-25-6, AS ADDED BY P.L.7-2016, SECTION | |
3806 | + | successive terms.". | |
3807 | + | Page 9, line 35, delete ""[EFFECTIVE JANUARY 1, 2024 | |
3808 | + | (RETROACTIVE)]:" and insert "[EFFECTIVE UPON PASSAGE]:". | |
3809 | + | Page 10, line 25, after "subdivision" insert "serves at the pleasure | |
3810 | + | EH 1026—LS 6162/DI 92 89 | |
3811 | + | of the governor and". | |
3812 | + | Page 10, line 30, after "." insert "A legislative member of the | |
3813 | + | commission may be reappointed to successive terms.". | |
3814 | + | Page 10, line 32, delete "2023," and insert "2025,". | |
3815 | + | Page 10, between lines 32 and 33, begin a new paragraph and insert: | |
3816 | + | "SECTION 26. IC 4-3-25-6, AS ADDED BY P.L.7-2016, SECTION | |
460 | 3817 | 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON | |
461 | 3818 | PASSAGE]: Sec. 6. (a) A legislative member of the commission may | |
462 | 3819 | be removed at any time by the appointing authority who appointed the | |
463 | 3820 | legislative member. | |
464 | 3821 | (b) If a vacancy exists on the commission, the appointing authority | |
465 | 3822 | who appointed the member whose position has become vacant shall | |
466 | - | HEA 1026 — Concur 12 | |
467 | 3823 | appoint an individual to fill the vacancy. | |
468 | 3824 | (c) An individual appointed to fill a vacancy serves on the | |
469 | 3825 | commission for the remainder of the unexpired term of the | |
470 | - | individual's predecessor. | |
471 | - | SECTION 27. IC 4-3-25-7, AS ADDED BY P.L.7-2016, SECTION | |
472 | - | 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON | |
473 | - | PASSAGE]: Sec. 7. (a) Each member of the commission who is not a | |
474 | - | state employee is not entitled to the minimum salary per diem provided | |
475 | - | under IC 4-10-11-2.1(b). The member is, however, entitled to | |
476 | - | reimbursement for mileage, traveling expenses as provided under | |
477 | - | IC 4-13-1-4, and other expenses actually incurred in connection with | |
478 | - | the member's duties as provided in the state policies and procedures | |
479 | - | established by the Indiana department of administration and approved | |
480 | - | by the budget agency. | |
481 | - | (b) Each member of the commission who is a state employee but | |
482 | - | who is not a member of the general assembly is entitled to | |
483 | - | reimbursement for traveling expenses as provided under IC 4-13-1-4 | |
484 | - | and other expenses actually incurred in connection with the member's | |
485 | - | duties as provided in the state policies and procedures established by | |
486 | - | the Indiana department of administration and approved by the budget | |
487 | - | agency. | |
488 | - | (c) Each member of the commission who is a member of the general | |
489 | - | assembly is entitled to receive the same per diem, mileage, and travel | |
490 | - | allowances paid to legislative members of interim study committees | |
491 | - | established by the legislative council. Per diem, mileage, and travel | |
492 | - | allowances paid under this subsection shall be paid from appropriations | |
493 | - | made to the legislative council or the legislative services agency. | |
494 | - | (d) Expenses paid under subsections (a) and (b) shall be paid | |
495 | - | from appropriations made to the family and social services | |
496 | - | administration. | |
497 | - | SECTION 28. IC 4-3-27-3.5 IS ADDED TO THE INDIANA CODE | |
498 | - | AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE | |
499 | - | UPON PASSAGE]: Sec. 3.5. The cabinet shall meet at the call of the | |
500 | - | chairperson. | |
501 | - | SECTION 29. IC 4-3-27-6, AS AMENDED BY P.L.132-2020, | |
502 | - | SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
503 | - | UPON PASSAGE]: Sec. 6. (a) Except as provided in subsections (b) | |
504 | - | and (c), members shall be appointed to the cabinet for two (2) four (4) | |
505 | - | year terms. The terms must be staggered so that the terms of half of the | |
506 | - | members expire each year. A four (4) year term expires as follows: | |
507 | - | (1) For a member appointed under section 5(a)(9) through | |
508 | - | 5(a)(17) of this chapter, December 31, 2025, and every fourth | |
509 | - | HEA 1026 — Concur 13 | |
510 | - | year thereafter. | |
511 | - | (2) For a member appointed under section 5(a)(18) through | |
512 | - | 5(a)(23) of this chapter or under section 5(a)(28) of this | |
513 | - | chapter, December 31, 2027, and every fourth year thereafter. | |
514 | - | The governor must rotate appointments described in section 5(a)(9) and | |
515 | - | 5(a)(10) of this chapter so that the same research university, | |
516 | - | comprehensive university, or independent college is not represented on | |
517 | - | the cabinet for two (2) consecutive terms. | |
518 | - | (b) The members of the general assembly appointed under | |
519 | - | section 5(a)(26) or 5(a)(27) of this chapter serve two (2) year terms | |
520 | - | that expire June 30 of an odd-numbered year. The appropriate | |
521 | - | appointing authority shall fill a vacancy among the legislative | |
522 | - | members of the cabinet. | |
523 | - | (c) The chairperson appointed under section 5 of this chapter | |
524 | - | serves at the pleasure of the governor. | |
525 | - | (b) (d) For members appointed by the governor, the governor shall | |
526 | - | promptly make an appointment to fill any vacancy on the cabinet, but | |
527 | - | only for the duration of the unexpired term. | |
528 | - | SECTION 30. IC 4-3-27-8, AS ADDED BY P.L.152-2018, | |
529 | - | SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
530 | - | UPON PASSAGE]: Sec. 8. (a) Any member of the cabinet who is not | |
531 | - | a state employee is entitled to the minimum salary per diem provided | |
532 | - | by IC 4-10-11-2.1(b). Such a member is also entitled to reimbursement | |
533 | - | for mileage, traveling expenses under IC 4-13-1-4, and other expenses | |
534 | - | actually incurred in connection with the member's duties as provided | |
535 | - | in the state policies and procedures established by the Indiana | |
536 | - | department of administration and approved by the budget agency. | |
537 | - | (b) Any member of the cabinet who is a state employee but who is | |
538 | - | not a member of the general assembly is entitled to reimbursement for | |
539 | - | traveling expenses under IC 4-13-1-4 and other expenses actually | |
540 | - | incurred in connection with the member's duties as provided in the state | |
541 | - | policies and procedures established by the Indiana department of | |
542 | - | administration and approved by the budget agency. | |
543 | - | (c) Any member of the cabinet who is a member of the general | |
544 | - | assembly is entitled to receive the same per diem, mileage, and travel | |
545 | - | allowances paid to members of the general assembly serving on interim | |
546 | - | study committees established by the legislative council. Per diem, | |
547 | - | mileage, and travel allowances paid under this subsection shall be | |
548 | - | paid from appropriations made to the legislative council or the | |
549 | - | legislative services agency. | |
550 | - | (d) Expenses paid under subsections (a) and (b) shall be paid | |
551 | - | from appropriations made to the cabinet. | |
552 | - | HEA 1026 — Concur 14 | |
553 | - | SECTION 31. IC 4-13-16.5-1, AS AMENDED BY P.L.15-2020, | |
3826 | + | individual's predecessor.". | |
3827 | + | Page 11, line 1, strike "but". | |
3828 | + | Page 11, line 2, strike "who is not a member of the general | |
3829 | + | assembly". | |
3830 | + | Page 11, line 23, delete "JANUARY 1, 2024 (RETROACTIVE)]:" | |
3831 | + | and insert "UPON PASSAGE]:". | |
3832 | + | Page 11, line 29, delete "2023," and insert "2025,". | |
3833 | + | Page 11, line 33, delete "2025," and insert "2027,". | |
3834 | + | Page 12, line 15, strike "but who is". | |
3835 | + | Page 12, line 16, strike "not a member of the general assembly". | |
3836 | + | Page 12, between lines 29 and 30, begin a new paragraph and insert: | |
3837 | + | "SECTION 31. IC 4-13-16.5-1, AS AMENDED BY P.L.15-2020, | |
554 | 3838 | SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
555 | 3839 | UPON PASSAGE]: Sec. 1. (a) The definitions in this section apply | |
556 | 3840 | throughout this chapter. | |
557 | 3841 | (b) "Commission" refers to the governor's commission on supplier | |
558 | 3842 | diversity established under section 2 of this chapter. | |
559 | 3843 | (c) "Commissioner" refers to the commissioner of the department. | |
560 | 3844 | (d) "Contract" means any contract awarded by a state agency or, as | |
561 | 3845 | set forth in section 2(f)(11) 2(g)(11) of this chapter, awarded by a | |
562 | 3846 | recipient of state grant funds, for construction projects or the | |
563 | 3847 | procurement of goods or services, including professional services. For | |
564 | 3848 | purposes of this subsection, "goods or services" may not include the | |
565 | 3849 | following when determining the total value of contracts for state | |
566 | 3850 | agencies: | |
567 | 3851 | (1) Utilities. | |
568 | 3852 | (2) Health care services (as defined in IC 27-8-11-1(c)). | |
3853 | + | EH 1026—LS 6162/DI 92 90 | |
569 | 3854 | (3) Rent paid for real property or payments constituting the price | |
570 | 3855 | of an interest in real property as a result of a real estate | |
571 | 3856 | transaction. | |
572 | 3857 | (e) "Contractor" means a person or entity that: | |
573 | 3858 | (1) contracts with a state agency; or | |
574 | 3859 | (2) as set forth in section 2(f)(11) 2(g)(11) of this chapter: | |
575 | 3860 | (A) is a recipient of state grant funds; and | |
576 | 3861 | (B) enters into a contract: | |
577 | 3862 | (i) with a person or entity other than a state agency; and | |
578 | 3863 | (ii) that is paid for in whole or in part with the state grant | |
579 | 3864 | funds. | |
580 | 3865 | (f) "Department" refers to the Indiana department of administration | |
581 | 3866 | established by IC 4-13-1-2. | |
582 | 3867 | (g) "Deputy commissioner" refers to the deputy commissioner for | |
583 | 3868 | supplier diversity of the department. | |
584 | 3869 | (h) "Minority business enterprise" or "minority business" means an | |
585 | 3870 | individual, partnership, corporation, limited liability company, or joint | |
586 | 3871 | venture of any kind that is owned and controlled by one (1) or more | |
587 | 3872 | persons who are: | |
588 | 3873 | (1) United States citizens; and | |
589 | 3874 | (2) members of a minority group or a qualified minority nonprofit | |
590 | 3875 | corporation. | |
591 | 3876 | (i) "NGB-22" means the National Guard Report of Separation form | |
592 | 3877 | or its predecessor or successor form. | |
593 | 3878 | (j) "Qualified minority or women's nonprofit corporation" means a | |
594 | 3879 | corporation that: | |
595 | - | HEA 1026 — Concur 15 | |
596 | 3880 | (1) is exempt from federal income taxation under Section | |
597 | 3881 | 501(c)(3) of the Internal Revenue Code; | |
598 | 3882 | (2) is headquartered in Indiana; | |
599 | 3883 | (3) has been in continuous existence for at least five (5) years; | |
600 | 3884 | (4) has a board of directors that has been in compliance with all | |
601 | 3885 | other requirements of this chapter for at least five (5) years; | |
602 | 3886 | (5) is chartered for the benefit of the minority community or | |
603 | 3887 | women; and | |
604 | 3888 | (6) provides a service that will not impede competition among | |
605 | 3889 | minority business enterprises or women's business enterprises at | |
606 | 3890 | the time a nonprofit applies for certification as a minority | |
607 | 3891 | business enterprise or a women's business enterprise. | |
608 | 3892 | (k) "Owned and controlled" means: | |
609 | 3893 | (1) if the business is a qualified minority nonprofit corporation, a | |
610 | 3894 | majority of the board of directors are minority; | |
611 | 3895 | (2) if the business is a qualified women's nonprofit corporation, | |
3896 | + | EH 1026—LS 6162/DI 92 91 | |
612 | 3897 | a majority of the members of the board of directors are women; or | |
613 | 3898 | (3) if the business is a business other than a qualified minority or | |
614 | 3899 | women's nonprofit corporation, having: | |
615 | 3900 | (A) ownership of at least fifty-one percent (51%) of the | |
616 | 3901 | enterprise, including corporate stock of a corporation; | |
617 | 3902 | (B) control over the management and active in the day-to-day | |
618 | 3903 | operations of the business; and | |
619 | 3904 | (C) an interest in the capital, assets, and profits and losses of | |
620 | 3905 | the business proportionate to the percentage of ownership. | |
621 | 3906 | (l) "Minority group" means: | |
622 | 3907 | (1) African Americans; | |
623 | 3908 | (2) Native Americans; | |
624 | 3909 | (3) Hispanic Americans; and | |
625 | 3910 | (4) Asian Americans. | |
626 | 3911 | (m) "Separate body corporate and politic" refers to an entity | |
627 | 3912 | established by the general assembly as a body corporate and politic. | |
628 | 3913 | (n) "State agency" refers to any authority, board, branch, | |
629 | 3914 | commission, committee, department, division, or other instrumentality | |
630 | 3915 | of the executive, including the administrative, department of state | |
631 | 3916 | government. | |
632 | 3917 | (o) "Veteran" means an individual who: | |
633 | 3918 | (1) has previously: | |
634 | 3919 | (A) served on active duty in any branch of the armed forces of | |
635 | 3920 | the United States or their reserves, in the national guard, or in | |
636 | 3921 | the Indiana National Guard; and | |
637 | 3922 | (B) received an honorable discharge from service; or | |
638 | - | HEA 1026 — Concur 16 | |
639 | 3923 | (2) is currently serving in: | |
640 | 3924 | (A) any branch of the armed forces of the United States or | |
641 | 3925 | their reserves; | |
642 | 3926 | (B) the national guard; or | |
643 | 3927 | (C) the Indiana National Guard. | |
644 | 3928 | (p) "Veteran owned small business" refers to a small business that: | |
645 | 3929 | (1) is independently owned and operated; | |
646 | 3930 | (2) is not dominant in its field of operation; and | |
647 | 3931 | (3) satisfies the criteria to be a veteran owned small business | |
648 | 3932 | concern as specified in section 1.5 of this chapter. | |
649 | 3933 | (q) "Women's business enterprise" means a business that is one (1) | |
650 | 3934 | of the following: | |
651 | 3935 | (1) A sole proprietorship owned and controlled by a woman. | |
652 | 3936 | (2) A partnership or joint venture owned and controlled by | |
653 | 3937 | women in which: | |
654 | 3938 | (A) at least fifty-one percent (51%) of the ownership is held by | |
3939 | + | EH 1026—LS 6162/DI 92 92 | |
655 | 3940 | women; and | |
656 | 3941 | (B) the management and daily business operations are | |
657 | 3942 | controlled by at least one (1) of the women who owns the | |
658 | 3943 | business. | |
659 | 3944 | (3) A corporation or other entity: | |
660 | 3945 | (A) whose management and daily business operations are | |
661 | 3946 | controlled by at least one (1) of the women who owns the | |
662 | 3947 | business; and | |
663 | 3948 | (B) that is at least fifty-one percent (51%) owned by women, | |
664 | 3949 | or if stock is issued, at least fifty-one percent (51%) of the | |
665 | 3950 | stock is owned by at least one (1) of the women. | |
666 | - | (4) A qualified women's nonprofit corporation. | |
667 | - | SECTION 32. IC 4-13-16.5-2, AS AMENDED BY P.L.15-2020, | |
668 | - | SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
669 | - | UPON PASSAGE]: Sec. 2. (a) There is established a governor's | |
670 | - | commission on supplier diversity. The commission shall consist of the | |
671 | - | following members: | |
672 | - | (1) A governor's designee, who shall serve as chairman | |
673 | - | chairperson of the commission. | |
674 | - | (2) The commissioner of the Indiana department of transportation, | |
675 | - | or the economic opportunity director of the Indiana department of | |
676 | - | transportation if the commissioner of the Indiana department of | |
677 | - | transportation so designates. | |
678 | - | (3) The chairperson of the board of the Indiana economic | |
679 | - | development corporation or the chairperson's designee. | |
680 | - | (4) The commissioner of the department of administration. | |
681 | - | HEA 1026 — Concur 17 | |
682 | - | (5) Nine (9) individuals with demonstrated capabilities in | |
683 | - | business and industry, especially minority business enterprises, | |
684 | - | women's business enterprises, and veteran owned small | |
685 | - | businesses, appointed by the governor from the following | |
686 | - | geographical areas of the state: | |
687 | - | (A) Three (3) from the northern one-third (1/3) of the state. | |
688 | - | (B) Three (3) from the central one-third (1/3) of the state. | |
689 | - | (C) Three (3) from the southern one-third (1/3) of the state. | |
690 | - | (6) Two (2) members of the house of representatives, no more | |
691 | - | than one (1) from the same political party, appointed by the | |
692 | - | speaker of the house of representatives to serve in a nonvoting | |
693 | - | advisory capacity. | |
694 | - | (7) Two (2) members of the senate, no more than one (1) from the | |
695 | - | same political party, appointed by the president pro tempore of | |
696 | - | the senate to serve in a nonvoting advisory capacity. | |
697 | - | (8) The deputy commissioner of the department of | |
698 | - | administration, who shall serve as a nonvoting member. | |
699 | - | Not more than six (6) of the ten (10) members appointed or designated | |
700 | - | by the governor may be of the same political party. Appointed | |
701 | - | Members of the commission serve at the pleasure of the appointing | |
702 | - | authority and may be reappointed to successive terms. Subject to | |
703 | - | subsection (b), members of the commission appointed under | |
704 | - | subdivision (1) and subdivision (5) shall serve four (4) year terms. | |
705 | - | Members of the general assembly appointed to the commission | |
706 | - | serve two (2) year terms that expire June 30 of an odd-numbered | |
707 | - | year. A vacancy occurs if a legislative member leaves office for any | |
708 | - | reason. Any vacancy on the commission shall be filled in the same | |
709 | - | manner as the original appointment. An individual appointed to fill | |
710 | - | a vacancy serves on the commission for the remainder of the | |
711 | - | unexpired term of the individual's predecessor. | |
712 | - | (b) The terms of the members appointed under subsection (a)(1) | |
713 | - | or (a)(5) expire as follows: | |
3951 | + | (4) A qualified women's nonprofit corporation.". | |
3952 | + | Page 13, line 20, before "Subject" insert "Members of the | |
3953 | + | commission serve at the pleasure of the appointing authority and | |
3954 | + | may be reappointed to successive terms.". | |
3955 | + | Page 13, line 21, delete "(k)," and insert "(b),". | |
3956 | + | Page 13, line 27, after "." insert "An individual appointed to fill a | |
3957 | + | vacancy serves on the commission for the remainder of the | |
3958 | + | unexpired term of the individual's predecessor.". | |
3959 | + | Page 13, between lines 27 and 28, begin a new paragraph and insert: | |
3960 | + | "(b) The terms of the members appointed under subsection | |
3961 | + | (a)(1) or (a)(5) expire as follows: | |
714 | 3962 | (1) For a member appointed under subsection (a)(1) or | |
715 | 3963 | (a)(5)(A), June 30, 2025, and every fourth year thereafter. | |
716 | 3964 | (2) For a member appointed under subsection (a)(5)(B) or | |
717 | - | (a)(5)(C), June 30, 2027, and every fourth year thereafter. | |
718 | - | (b) (c) Each member of the commission who is not a state employee | |
719 | - | is entitled to the following: | |
720 | - | (1) The minimum salary per diem provided by IC 4-10-11-2.1(b). | |
721 | - | (2) Reimbursement for mileage, traveling expenses, and other | |
722 | - | expenses actually incurred in connection with the member's duties | |
723 | - | as provided under IC 4-13-1-4 and in the state travel policies and | |
724 | - | HEA 1026 — Concur 18 | |
725 | - | procedures established by the Indiana department of | |
726 | - | administration and approved by the budget agency. | |
727 | - | The department shall pay expenses incurred under this subsection | |
728 | - | from amounts appropriated for the operating expenses of the | |
729 | - | department of administration. | |
730 | - | (c) (d) Each legislative member of the commission is entitled to | |
731 | - | receive the same per diem, mileage, and travel allowances established | |
732 | - | by the legislative council and paid to members of the general assembly | |
733 | - | serving on interim study committees. The allowances specified in this | |
734 | - | subsection shall be paid by the legislative services agency from the | |
735 | - | amounts appropriated for that purpose. | |
736 | - | (d) (e) A member of the commission who is a state employee but | |
737 | - | who is not a member of the general assembly is not entitled to any of | |
738 | - | the following: | |
739 | - | (1) The minimum salary per diem provided by IC 4-10-11-2.1(b). | |
740 | - | (2) Reimbursement for traveling expenses as provided under | |
741 | - | IC 4-13-1-4. | |
742 | - | (3) Other expenses actually incurred in connection with the | |
743 | - | member's duties. | |
744 | - | (e) (f) The commission shall meet at least four (4) times each year | |
745 | - | and at other times as the chairman considers necessary. at the call of | |
746 | - | the chairperson. | |
747 | - | (f) (g) The duties of the commission shall include but not be limited | |
748 | - | to the following: | |
749 | - | (1) Identify minority business enterprises, women's business | |
750 | - | enterprises, and veteran owned small businesses in the state. | |
751 | - | (2) Assess the needs of minority business enterprises, women's | |
752 | - | business enterprises, and veteran owned small businesses. | |
753 | - | (3) Initiate aggressive programs to assist minority business | |
754 | - | enterprises, women's business enterprises, and veteran owned | |
755 | - | small businesses in obtaining state contracts. | |
756 | - | (4) Give special publicity to procurement, bidding, and qualifying | |
757 | - | procedures. | |
758 | - | (5) Include minority business enterprises, women's business | |
759 | - | enterprises, and veteran owned small businesses on solicitation | |
760 | - | mailing lists. | |
761 | - | (6) Evaluate the competitive differences between qualified | |
762 | - | minority or women's nonprofit corporations and other than | |
763 | - | qualified minority or women's nonprofit corporations and veteran | |
764 | - | owned small businesses that offer similar services and make | |
765 | - | recommendation to the department on policy changes necessary | |
766 | - | to ensure fair competition among minority business enterprises, | |
767 | - | HEA 1026 — Concur 19 | |
768 | - | women's business enterprises, and veteran owned small | |
769 | - | businesses. | |
770 | - | (7) Define the duties, goals, and objectives of the deputy | |
771 | - | commissioner of the department as created under this chapter to | |
772 | - | assure compliance by all state agencies, separate bodies corporate | |
773 | - | and politic, and state educational institutions with state and | |
774 | - | federal legislation and policy concerning the awarding of | |
775 | - | contracts (including, notwithstanding section 1(d) of this chapter | |
776 | - | or any other law, contracts of state educational institutions) to | |
777 | - | minority business enterprises, women's business enterprises, and | |
778 | - | veteran owned small businesses. | |
779 | - | (8) Establish annual goals: | |
780 | - | (A) for the use of minority and women's business enterprises; | |
781 | - | and | |
782 | - | (B) derived from a statistical analysis of utilization study of | |
783 | - | state contracts (including, notwithstanding section 1(d) of this | |
784 | - | chapter or any other law, contracts of state educational | |
785 | - | institutions) that are required to be updated every five (5) | |
786 | - | years. | |
787 | - | (9) Prepare a review of the commission and the various affected | |
788 | - | departments of government to be submitted to the governor and | |
789 | - | the legislative council on March 1 and October 1 of each year, | |
790 | - | evaluating progress made in the areas defined in this subsection. | |
791 | - | (10) Ensure that the statistical analysis required under this | |
792 | - | section: | |
793 | - | (A) is based on goals for participation of minority business | |
794 | - | enterprises established in Richmond v. Croson, 488 U.S. 469 | |
795 | - | (1989); | |
796 | - | (B) includes information on both contracts and subcontracts | |
797 | - | (including, notwithstanding section 1(d) of this chapter or any | |
798 | - | other law, contracts and subcontracts of state educational | |
799 | - | institutions); and | |
800 | - | (C) uses data on the combined capacity of minority business | |
801 | - | enterprises, women's business enterprises, and veteran owned | |
802 | - | small businesses in Indiana and not just regional data. | |
803 | - | (11) Establish annual goals for the use of minority business | |
804 | - | enterprises, women's business enterprises, and veteran owned | |
805 | - | small businesses for any contract that: | |
806 | - | (A) will be paid for in whole or in part with state grant funds; | |
807 | - | and | |
808 | - | (B) involves the use of real property of a unit (as defined in | |
809 | - | IC 4-4-32.2-9). | |
810 | - | HEA 1026 — Concur 20 | |
811 | - | (12) Ensure compliance with the establishment and evaluation of | |
812 | - | the annual goal for veteran owned small businesses established in | |
813 | - | section 3.5 of this chapter. | |
814 | - | (g) (h) The department shall direct contractors to demonstrate a | |
815 | - | good faith effort to meet the annual participation goals established | |
816 | - | under subsection (f)(11). (g)(11). The good faith effort shall be | |
817 | - | demonstrated by contractors using the repository of certified firms | |
818 | - | created under section 3 of this chapter or a similar repository | |
819 | - | maintained by a unit (as defined in IC 4-4-32.2-9). | |
820 | - | (h) (i) The department shall adopt rules of ethics under IC 4-22-2 for | |
821 | - | commission members other than commission members appointed | |
822 | - | under subsection (a)(6) or (a)(7). | |
823 | - | (i) (j) The department of administration shall furnish | |
824 | - | administrative support and staff as is necessary for the effective | |
825 | - | operation of the commission. | |
826 | - | (j) (k) The commission shall advise the department on developing | |
827 | - | a statement, to be included in all applications for and agreements | |
828 | - | governing grants made with state funds, stating the importance of the | |
829 | - | use of minority business enterprises, women's business enterprises, and | |
830 | - | veteran owned small businesses in fulfilling the purposes of the grant. | |
831 | - | SECTION 33. IC 4-13-16.5-3, AS AMENDED BY P.L.15-2020, | |
3965 | + | (a)(5)(C), June 30, 2027, and every fourth year thereafter.". | |
3966 | + | Page 13, line 28, strike "(b)" and insert "(c)". | |
3967 | + | Page 13, line 39, strike "(c)" and insert "(d)". | |
3968 | + | Page 14, line 3, strike "(d)" and insert "(e)". | |
3969 | + | Page 14, line 3, strike "but who". | |
3970 | + | Page 14, line 4, strike "is not a member of the general assembly". | |
3971 | + | Page 14, line 11, strike "(e)" and insert "(f)". | |
3972 | + | Page 14, line 14, strike "(f)" and insert "(g)". | |
3973 | + | Page 15, line 37, strike "(g)" and insert "(h)". | |
3974 | + | Page 15, line 39, strike "(f)(11)." and insert "(g)(11).". | |
3975 | + | Page 16, line 1, strike "(h)" and insert "(i)". | |
3976 | + | Page 16, line 4, strike "(i)" and insert "(j)". | |
3977 | + | Page 16, line 7, strike "(j)" and insert "(k)". | |
3978 | + | Page 16, delete lines 12 through 17, begin a new paragraph and | |
3979 | + | insert: | |
3980 | + | "SECTION 33. IC 4-13-16.5-3, AS AMENDED BY P.L.15-2020, | |
832 | 3981 | SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
3982 | + | EH 1026—LS 6162/DI 92 93 | |
833 | 3983 | UPON PASSAGE]: Sec. 3. (a) There is created in the department a | |
834 | 3984 | deputy commissioner for supplier diversity development. Upon | |
835 | 3985 | consultation with the commission, the commissioner of the department, | |
836 | 3986 | with the approval of the governor, shall appoint an individual who | |
837 | 3987 | possesses demonstrated capability in business or industry, especially | |
838 | 3988 | in minority business enterprises, women's business enterprises, or | |
839 | 3989 | veteran owned small businesses, to serve as deputy commissioner to | |
840 | 3990 | work with the commission in the implementation of this chapter. | |
841 | 3991 | (b) The deputy commissioner shall do the following: | |
842 | 3992 | (1) Identify and certify minority business enterprises, women's | |
843 | 3993 | business enterprises, and veteran owned small businesses for state | |
844 | 3994 | projects. | |
845 | 3995 | (2) Establish a central certification file. | |
846 | 3996 | (3) Periodically update the certification status of each minority | |
847 | 3997 | business enterprise, women's business enterprise, or veteran | |
848 | 3998 | owned small business. | |
849 | 3999 | (4) Monitor the progress in achieving the goals established under | |
850 | 4000 | section 2(f)(8) 2(g)(8) and 2(f)(11) 2(g)(11) of this chapter. | |
851 | 4001 | (5) Require all state agencies, separate bodies corporate and | |
852 | 4002 | politic, and state educational institutions to report on planned and | |
853 | - | HEA 1026 — Concur 21 | |
854 | 4003 | actual participation of minority business enterprises, women's | |
855 | 4004 | business enterprises, and veteran owned small businesses in | |
856 | 4005 | contracts awarded by state agencies. The commissioner may | |
857 | 4006 | exclude from the reports uncertified minority business enterprises, | |
858 | 4007 | women's business enterprises, and veteran owned small | |
859 | 4008 | businesses. | |
860 | 4009 | (6) Determine and define opportunities for minority, women's, | |
861 | 4010 | and veteran owned business participation in contracts awarded by | |
862 | 4011 | all state agencies, separate bodies corporate and politic, and state | |
863 | 4012 | educational institutions. | |
864 | 4013 | (7) Implement programs initiated by the commission under | |
865 | 4014 | section 2 of this chapter. | |
866 | 4015 | (8) Perform other duties as defined by the commission or by the | |
867 | 4016 | commissioner. | |
868 | 4017 | SECTION 34. IC 4-13-16.5-4, AS AMENDED BY P.L.3-2008, | |
869 | 4018 | SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
870 | 4019 | UPON PASSAGE]: Sec. 4. (a) Before January 1 of even-numbered | |
871 | 4020 | years, the department shall determine whether, during the most recently | |
872 | 4021 | completed two (2) year period ending the previous July 1, the goals set | |
873 | 4022 | under section 2(f)(8) 2(g)(8) of this chapter have been met. | |
874 | 4023 | (b) The department shall adopt rules under IC 4-22-2 to ensure that | |
875 | 4024 | the goals set under section 2(f)(8) 2(g)(8) of this chapter are met. | |
4025 | + | EH 1026—LS 6162/DI 92 94 | |
876 | 4026 | Expenditures with business enterprises that qualify as both a minority | |
877 | 4027 | business enterprise and a women's business enterprise may be counted | |
878 | 4028 | toward the attainment of the goal for either: | |
879 | 4029 | (1) minority business enterprises; or | |
880 | 4030 | (2) women's business enterprises; | |
881 | 4031 | at the election made by the procurer of goods, services, or goods and | |
882 | - | services, but not both. | |
883 | - | SECTION 35. IC 4-22-2-42 IS AMENDED TO READ AS | |
884 | - | FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 42. The publisher, | |
885 | - | with the assistance of the code revision commission, committee, shall | |
886 | - | establish a format, a numbering system, standards, and techniques for | |
887 | - | agencies to use whenever they draft and prepare rules under this | |
888 | - | chapter. | |
889 | - | SECTION 36. IC 4-22-8-11 IS AMENDED TO READ AS | |
890 | - | FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 11. The code | |
891 | - | revision commission committee shall assist the publisher with the | |
892 | - | publication of the Indiana Register and with the compilation, | |
893 | - | computerization, indexing, and printing of the Indiana Administrative | |
894 | - | Code. | |
895 | - | SECTION 37. IC 4-22-8-12 IS AMENDED TO READ AS | |
896 | - | HEA 1026 — Concur 22 | |
897 | - | FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 12. Failure of an | |
898 | - | agency, the publisher, or the code revision commission committee to | |
899 | - | comply with this chapter does not invalidate a rule or other agency | |
900 | - | statement. | |
901 | - | SECTION 38. IC 4-23-5.5-2, AS AMENDED BY P.L.200-2017, | |
902 | - | SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
903 | - | UPON PASSAGE]: Sec. 2. (a) The Indiana recycling market | |
904 | - | development board is created and constitutes a public instrumentality | |
905 | - | of the state. The exercise by the board of the powers conferred by this | |
906 | - | chapter is an essential governmental function. | |
907 | - | (b) The board consists of nine (9) members, one (1) of whom shall | |
908 | - | be the lieutenant governor or the lieutenant governor's designee and | |
909 | - | eight (8) of whom shall be appointed by the governor for four (4) year | |
910 | - | terms. The governor's appointees shall be chosen from among | |
911 | - | representatives of: | |
912 | - | (1) the waste management industry; | |
913 | - | (2) the recycling industry; | |
914 | - | (3) Indiana universities and colleges with expertise in recycling | |
915 | - | research and development; | |
916 | - | (4) industrial and commercial consumers of recycled feedstock; | |
917 | - | (5) environmental groups; and | |
918 | - | (6) private citizens with a special interest in recycling. | |
919 | - | No more than four (4) appointed members shall be of the same political | |
920 | - | party. | |
921 | - | (c) A vacancy in the office of an appointed member, other than by | |
922 | - | expiration, shall be filled in like manner as the original appointment for | |
923 | - | the remainder of the term of that retiring member. Appointed members | |
924 | - | may be removed by the governor for cause. | |
925 | - | (d) The board shall have seven (7) ex officio advisory members as | |
926 | - | follows: | |
927 | - | (1) The governor. | |
928 | - | (2) The director of the department of natural resources. | |
929 | - | (3) The commissioner of the department of environmental | |
930 | - | management. | |
931 | - | (4) Two (2) members from the house of representatives of | |
932 | - | opposite political parties appointed by the speaker of the house of | |
933 | - | representatives for two (2) year terms that expire June 30 of | |
934 | - | each odd-numbered year. | |
935 | - | (5) Two (2) members from the senate of opposite political parties | |
936 | - | appointed by the president pro tempore of the senate for two (2) | |
937 | - | year terms that expire June 30 of each odd-numbered year. | |
938 | - | (e) The division shall serve as the staff of the board. | |
939 | - | HEA 1026 — Concur 23 | |
940 | - | (f) An ex officio advisory member identified in subsection (d) may, | |
941 | - | in writing, designate a representative to serve in an advisory capacity | |
942 | - | when the ex officio member is unable to attend a board meeting. | |
943 | - | (g) The terms of the members of the board appointed by the | |
944 | - | governor under subsection (b) expire as follows: | |
945 | - | (1) For four (4) of the members, as determined by the | |
946 | - | governor, December 31, 2025, and every fourth year | |
947 | - | thereafter. | |
948 | - | (2) For four (4) of the members, as determined by the | |
949 | - | governor, December 31, 2027, and every fourth year | |
950 | - | thereafter. | |
951 | - | SECTION 39. IC 4-23-5.5-2.5 IS ADDED TO THE INDIANA | |
952 | - | CODE AS A NEW SECTION TO READ AS FOLLOWS | |
953 | - | [EFFECTIVE UPON PASSAGE]: Sec. 2.5. (a) Each member of the | |
954 | - | board who is not a state employee is entitled to the minimum salary | |
955 | - | per diem provided by IC 4-10-11-2.1(b). The member is also | |
956 | - | entitled to reimbursement for mileage, traveling expenses as | |
957 | - | provided under IC 4-13-1-4, and other expenses actually incurred | |
958 | - | in connection with the member's duties as provided in the state | |
959 | - | policies and procedures established by the Indiana department of | |
960 | - | administration and approved by the budget agency. | |
961 | - | (b) Each member of the board who is a state employee is entitled | |
962 | - | to reimbursement for traveling expenses as provided under | |
963 | - | IC 4-13-1-4 and other expenses actually incurred in connection | |
964 | - | with the member's duties as provided in the state policies and | |
965 | - | procedures established by the Indiana department of | |
966 | - | administration and approved by the budget agency. | |
967 | - | (c) Each member of the board who is a member of the general | |
968 | - | assembly is entitled to receive the same per diem, mileage, and | |
969 | - | travel allowances paid to members of the general assembly serving | |
970 | - | on interim study committees established by the legislative council. | |
971 | - | Per diem, mileage, and travel allowances paid under this | |
972 | - | subsection shall be paid from appropriations made to the | |
973 | - | legislative council or the legislative services agency. | |
974 | - | (d) Expenses paid under subsections (a) and (b) shall be paid | |
975 | - | from appropriations made to the department of environmental | |
976 | - | management. | |
977 | - | SECTION 40. IC 4-23-5.5-3, AS AMENDED BY P.L.204-2007, | |
978 | - | SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
979 | - | UPON PASSAGE]: Sec. 3. (a) The governor shall appoint one (1) of | |
980 | - | the appointed members as chairman. chairperson. Five (5) members | |
981 | - | of the board shall constitute a quorum and the affirmative vote of a | |
982 | - | HEA 1026 — Concur 24 | |
983 | - | majority of the membership shall be necessary for any action taken by | |
984 | - | the board. A vacancy in the membership of the board does not impair | |
985 | - | the right of the quorum to act. | |
986 | - | (b) All the members of the board shall be reimbursed for their actual | |
987 | - | expenses incurred in the performance of their duties. The appointed | |
988 | - | members may also receive a per diem allowance as determined by the | |
989 | - | budget agency for attendance of board meetings and activities. All | |
990 | - | reimbursement for expenses shall be as provided by law. | |
991 | - | SECTION 41. IC 4-23-5.5-6, AS AMENDED BY P.L.130-2018, | |
992 | - | SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
993 | - | UPON PASSAGE]: Sec. 6. (a) The board shall do the following: | |
994 | - | (1) Adopt procedures for the regulation of its affairs and the | |
995 | - | conduct of its business. | |
996 | - | (2) Meet at the offices of the division on call of | |
997 | - | (A) the lieutenant governor or the lieutenant governor's | |
998 | - | designee; or | |
999 | - | (B) the commissioner of the department of environmental | |
1000 | - | management or the commissioner's designee; | |
1001 | - | the chairperson at least once each calendar quarter. The | |
1002 | - | meetings shall be upon ten (10) days written notification, shall be | |
1003 | - | open to the public, and shall have official minutes recorded for | |
1004 | - | public scrutiny. | |
1005 | - | (3) Report annually in an electronic format under IC 5-14-6 to the | |
1006 | - | legislative council concerning: | |
1007 | - | (A) the projects in which it has participated and is currently | |
1008 | - | participating with a complete list of expenditures for those | |
1009 | - | projects; and | |
1010 | - | (B) the information obtained through the recycling activity | |
1011 | - | reports submitted to the commissioner of the department of | |
1012 | - | environmental management under IC 13-20-25 concerning the | |
1013 | - | calendar year most recently ended. | |
1014 | - | (4) Annually prepare an administrative budget for review by the | |
1015 | - | budget agency and the budget committee. | |
1016 | - | (5) Keep proper records of accounts and make an annual report of | |
1017 | - | its condition to the state board of accounts. | |
1018 | - | (6) Receive petitions and make determinations under | |
1019 | - | IC 13-20.5-2-2. | |
1020 | - | (b) The board shall consider projects involving the creation of the | |
1021 | - | following: | |
1022 | - | (1) Markets for products made from recycled materials. | |
1023 | - | (2) New products made from recycled materials. | |
1024 | - | (c) The board may promote, fund, and encourage programs | |
1025 | - | HEA 1026 — Concur 25 | |
1026 | - | facilitating the development and implementation of waste reduction, | |
1027 | - | reuse, and recycling in Indiana. | |
1028 | - | SECTION 42. IC 4-23-24.1-3, AS AMENDED BY P.L.199-2007, | |
4032 | + | services, but not both.". | |
4033 | + | Page 16, line 37, delete "JANUARY 1, 2024 (RETROACTIVE)]:" | |
4034 | + | and insert "UPON PASSAGE]:". | |
4035 | + | Page 17, line 37, delete "2023," and insert "2025,". | |
4036 | + | Page 17, line 40, delete "2025," and insert "2027,". | |
4037 | + | Page 18, line 10, delete "but who". | |
4038 | + | Page 18, line 11, delete "is not a member of the general assembly". | |
4039 | + | Page 18, line 29, delete "JANUARY 1, 2024 (RETROACTIVE)]:" | |
4040 | + | and insert "UPON PASSAGE]:". | |
4041 | + | Page 18, line 42, delete "JANUARY 1, 2024 (RETROACTIVE)]:" | |
4042 | + | and insert "UPON PASSAGE]:". | |
4043 | + | Page 19, between lines 34 and 35, begin a new paragraph and insert: | |
4044 | + | "SECTION 42. IC 4-23-24.1-3, AS AMENDED BY P.L.199-2007, | |
1029 | 4045 | SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
1030 | 4046 | UPON PASSAGE]: Sec. 3. (a) The commission consists of thirteen | |
1031 | 4047 | (13) members, appointed as follows: | |
1032 | 4048 | (1) Nine (9) members who are Indiana residents appointed by the | |
1033 | 4049 | governor. Each Indiana congressional district must be represented | |
1034 | 4050 | by at least one (1) individual appointed under this subdivision | |
1035 | 4051 | who is a resident of that congressional district. Not more than five | |
1036 | 4052 | (5) members appointed under this subdivision may be members | |
1037 | 4053 | of the same political party. | |
1038 | 4054 | (2) Four (4) members of the general assembly who are appointed | |
1039 | 4055 | under section 5 of this chapter. | |
1040 | 4056 | (b) Members of the commission serve at the pleasure of the | |
1041 | - | appointing authority. | |
1042 | - | SECTION 43. IC 4-23-24.1-4 IS AMENDED TO READ AS | |
1043 | - | FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. (a) The governor | |
1044 | - | shall annually designate one (1) of the members appointed under | |
1045 | - | section 3(1) of this chapter as chairman chairperson of the | |
1046 | - | commission. | |
1047 | - | (b) Members of the commission appointed under subsection 3(1) of | |
1048 | - | this chapter serve a four (4) year term. Each term expires as follows: | |
1049 | - | (1) For a member appointed from an odd-numbered | |
1050 | - | congressional district, December 31, 2025, and each fourth | |
1051 | - | year thereafter. | |
1052 | - | (2) For a member appointed from an even-numbered | |
1053 | - | congressional district, December 31, 2027, and each fourth | |
1054 | - | year thereafter. | |
1055 | - | (c) A member appointed under section 3(1) of this chapter may | |
1056 | - | be reappointed for successive terms. | |
1057 | - | (d) The governor shall fill a vacancy among the members | |
1058 | - | appointed under section 3(1) of this chapter. A member appointed | |
1059 | - | under this subsection serves until the end of the unexpired term of | |
1060 | - | the vacating member of the commission. | |
1061 | - | SECTION 44. IC 4-23-24.1-5 IS AMENDED TO READ AS | |
1062 | - | FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5. (a) Four (4) | |
1063 | - | members of the general assembly shall be appointed as members of the | |
1064 | - | commission as follows: | |
1065 | - | (1) The speaker of the house of representatives shall appoint two | |
1066 | - | (2) members of the house of representatives, both of whom may | |
1067 | - | not be members of the same political party. | |
1068 | - | HEA 1026 — Concur 26 | |
1069 | - | (2) The president pro tempore of the senate shall appoint two (2) | |
1070 | - | members of the senate, both of whom may not be members of the | |
1071 | - | same political party. | |
1072 | - | (b) A member of the commission appointed under subsection (a) | |
1073 | - | serves until the member's current term of office as a member of the | |
1074 | - | general assembly expires. a two (2) year term that expires June 30 | |
1075 | - | of an odd-numbered year. | |
1076 | - | (c) A vacancy under subsection (a) shall be filled by the officer who | |
1077 | - | appointed the vacating legislator. A legislative member appointed | |
1078 | - | under this subsection serves until the end of the unexpired term of the | |
1079 | - | vacating legislator. | |
1080 | - | (d) A member of the commission appointed under this section may | |
1081 | - | be reappointed. | |
1082 | - | SECTION 45. IC 4-23-24.1-5.5 IS ADDED TO THE INDIANA | |
1083 | - | CODE AS A NEW SECTION TO READ AS FOLLOWS | |
1084 | - | [EFFECTIVE UPON PASSAGE]: Sec. 5.5. The commission shall | |
1085 | - | meet at the call of the chairperson as necessary to fulfill its duties | |
1086 | - | under this chapter. | |
1087 | - | SECTION 46. IC 4-23-24.1-7, AS AMENDED BY P.L.1-2006, | |
1088 | - | SECTION 83, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
1089 | - | UPON PASSAGE]: Sec. 7. (a) Each member of the commission who | |
1090 | - | is not a state employee is entitled to the minimum salary per diem | |
1091 | - | provided by IC 4-10-11-2.1(b). The member is also entitled to | |
1092 | - | reimbursement for mileage, traveling expenses as provided under | |
1093 | - | IC 4-13-1-4, and other expenses actually incurred in connection with | |
1094 | - | the member's duties as provided in the state policies and procedures | |
1095 | - | established by the Indiana department of administration and approved | |
1096 | - | by the budget agency. Expenses incurred under this subsection and | |
1097 | - | subsection (b) shall be paid out of the funds appropriated to the | |
1098 | - | lieutenant governor or the civil rights commission. | |
1099 | - | (b) Each member of the commission who is a state employee but | |
1100 | - | who is not a member of the general assembly is entitled to | |
1101 | - | reimbursement for traveling expenses as provided under IC 4-13-1-4 | |
1102 | - | and other expenses actually incurred in connection with the member's | |
1103 | - | duties as provided in the state policies and procedures established by | |
1104 | - | the Indiana department of administration and approved by the budget | |
1105 | - | agency. | |
1106 | - | (c) Each member of the commission who is a member of the general | |
1107 | - | assembly is entitled to receive the same per diem, mileage, and travel | |
1108 | - | allowances paid to members of the general assembly serving on interim | |
1109 | - | study committees established by the legislative council. Per diem, | |
1110 | - | mileage, and travel allowances paid under this subsection shall be | |
1111 | - | HEA 1026 — Concur 27 | |
1112 | - | paid from appropriations made to the legislative council or the | |
1113 | - | legislative services agency. | |
1114 | - | SECTION 47. IC 4-23-25-3 IS AMENDED TO READ AS | |
4057 | + | appointing authority.". | |
4058 | + | Page 19, line 36, delete "[EFFECTIVE JANUARY 1, 2024 | |
4059 | + | (RETROACTIVE)]:" and insert "[EFFECTIVE UPON PASSAGE]:". | |
4060 | + | Page 20, line 1, delete "2023," and insert "2025,". | |
4061 | + | Page 20, line 4, delete "2025," and insert "2027,". | |
4062 | + | Page 20, line 13, delete "[EFFECTIVE JANUARY 1, 2024 | |
4063 | + | (RETROACTIVE)]:" and insert "[EFFECTIVE UPON PASSAGE]:". | |
4064 | + | Page 20, line 34, delete "[EFFECTIVE JANUARY 1, 2024 | |
4065 | + | (RETROACTIVE)]:" and insert "[EFFECTIVE UPON PASSAGE]:". | |
4066 | + | Page 21, line 7, strike "but". | |
4067 | + | Page 21, line 8, strike "who is not a member of the general | |
4068 | + | EH 1026—LS 6162/DI 92 95 | |
4069 | + | assembly". | |
4070 | + | Page 21, between lines 20 and 21, begin a new paragraph and insert: | |
4071 | + | "SECTION 47. IC 4-23-25-3 IS AMENDED TO READ AS | |
1115 | 4072 | FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. (a) The Indiana | |
1116 | 4073 | commission for women is established. | |
1117 | 4074 | (b) The commission consists of the following members: | |
1118 | 4075 | (1) Six (6) members appointed by the governor. Not more than | |
1119 | 4076 | three (3) of the members appointed under this subdivision may be | |
1120 | 4077 | members of the same political party. At least four (4) of the | |
1121 | 4078 | members appointed under this subdivision must be women. | |
1122 | 4079 | (2) Two (2) members appointed by the president pro tempore of | |
1123 | 4080 | the senate who are not members of the general assembly. | |
1124 | 4081 | Members appointed under this subdivision may not be members | |
1125 | 4082 | of the same political party. At least one (1) of the members | |
1126 | 4083 | appointed under this subdivision must be a woman. | |
1127 | 4084 | (3) Two (2) members appointed by the speaker of the house of | |
1128 | 4085 | representatives who are not members of the general assembly. | |
1129 | 4086 | Members appointed under this subdivision may not be members | |
1130 | 4087 | of the same political party. At least one (1) of the members | |
1131 | 4088 | appointed under this subdivision must be a woman. | |
1132 | 4089 | (4) Two (2) senators appointed in the same manner as members | |
1133 | 4090 | of senate standing committees are appointed. The appointed | |
1134 | 4091 | senators may not be members of the same political party. At least | |
1135 | 4092 | one (1) of the members appointed under this subdivision must be | |
1136 | 4093 | a woman. | |
1137 | 4094 | (5) Two (2) members of the house of representatives appointed in | |
1138 | 4095 | the same manner as members of standing committees of the house | |
1139 | 4096 | of representatives are appointed. The appointed representatives | |
1140 | 4097 | may not be members of the same political party. At least one (1) | |
1141 | 4098 | of the members appointed under this subdivision must be a | |
1142 | 4099 | woman. | |
1143 | 4100 | (6) The governor or the governor's designee serves as an ex | |
1144 | 4101 | officio member of the commission. | |
1145 | 4102 | (c) A member appointed to the commission under subsection (b)(1) | |
1146 | 4103 | serves a term of four (4) years or until a successor is appointed. that | |
1147 | 4104 | expires June 30, 2025, and each fourth year thereafter. | |
1148 | 4105 | (d) A member appointed to the commission under subsection (b)(2) | |
1149 | 4106 | or (b)(3) through (b)(5) serves a term of three (3) years or until a | |
1150 | 4107 | successor is appointed. two (2) year term that expires June 30 of an | |
1151 | 4108 | odd-numbered year. | |
1152 | 4109 | (e) A member appointed to the commission under subsection (b)(4) | |
1153 | 4110 | or (b)(5) serves the remainder of the member's term in office. | |
1154 | - | ||
4111 | + | EH 1026—LS 6162/DI 92 96 | |
1155 | 4112 | (f) (e) The governor or the governor's designee serves while the | |
1156 | 4113 | governor remains in office. | |
1157 | 4114 | (g) (f) Notwithstanding subsections (c) through (d), if a member's | |
1158 | 4115 | term expires before a successor is appointed, the member's term is | |
1159 | 4116 | extended until a successor is appointed. | |
1160 | 4117 | (h) (g) Not more than four (4) members who are not members of the | |
1161 | 4118 | general assembly may be employees of state agencies. | |
1162 | 4119 | (i) (h) Commission membership must reflect a diversity of | |
1163 | 4120 | experience, skills, and backgrounds. | |
1164 | 4121 | (j) (i) A member's term may be renewed unless the member is: | |
1165 | 4122 | (1) a member of the general assembly who no longer serves in the | |
1166 | 4123 | general assembly; or | |
1167 | 4124 | (2) the governor or the governor's designee, and the governor is | |
1168 | 4125 | no longer in office. | |
1169 | - | (k) (j) A member of the commission may be removed for cause. | |
1170 | - | SECTION 48. IC 4-23-25-3.5 IS ADDED TO THE INDIANA | |
1171 | - | CODE AS A NEW SECTION TO READ AS FOLLOWS | |
1172 | - | [EFFECTIVE UPON PASSAGE]: Sec. 3.5. (a) Each member of the | |
1173 | - | commission who is not a state employee is entitled to the minimum | |
1174 | - | salary per diem provided by IC 4-10-11-2.1(b). The member is also | |
1175 | - | entitled to reimbursement for mileage, traveling expenses as | |
1176 | - | provided under IC 4-13-1-4, and other expenses actually incurred | |
1177 | - | in connection with the member's duties as provided in the state | |
1178 | - | policies and procedures established by the Indiana department of | |
1179 | - | administration and approved by the budget agency. | |
1180 | - | (b) Each member of the commission who is a state employee is | |
1181 | - | entitled to reimbursement for traveling expenses as provided under | |
1182 | - | IC 4-13-1-4 and other expenses actually incurred in connection | |
1183 | - | with the member's duties as provided in the state policies and | |
1184 | - | procedures established by the Indiana department of | |
1185 | - | administration and approved by the budget agency. | |
1186 | - | (c) Each member of the commission who is a member of the | |
1187 | - | general assembly is entitled to receive the same per diem, mileage, | |
1188 | - | and travel allowances paid to members of the general assembly | |
1189 | - | serving on interim study committees established by the legislative | |
1190 | - | council. Per diem, mileage, and travel allowances paid under this | |
1191 | - | subsection shall be paid from appropriations made to the | |
1192 | - | legislative council or the legislative services agency. | |
1193 | - | (d) Expenses paid under subsections (a) and (b) shall be paid | |
1194 | - | from appropriations made to the civil rights commission. | |
1195 | - | SECTION 49. IC 4-23-28-4, AS AMENDED BY P.L.56-2023, | |
1196 | - | SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
1197 | - | HEA 1026 — Concur 29 | |
1198 | - | UPON PASSAGE]: Sec. 4. (a) The commission consists of twenty (20) | |
1199 | - | members appointed as follows: | |
1200 | - | (1) Two (2) members of the senate who may not be affiliated with | |
1201 | - | the same political party, to be appointed by the president pro | |
1202 | - | tempore of the senate. | |
1203 | - | (2) Two (2) members of the house of representatives who may not | |
1204 | - | be affiliated with the same political party, to be appointed by the | |
1205 | - | speaker of the house of representatives. | |
1206 | - | (3) Four (4) members of the Hispanic/Latino community who are | |
1207 | - | not members of the general assembly, to be appointed by the | |
1208 | - | president pro tempore of the senate. | |
1209 | - | (4) Four (4) members of the Hispanic/Latino community who are | |
1210 | - | not members of the general assembly, to be appointed by the | |
1211 | - | speaker of the house of representatives. | |
1212 | - | (5) The secretary of family and social services or a designee of the | |
1213 | - | secretary who is a Hispanic or Latino employee of the office of | |
1214 | - | the secretary of family and social services. | |
1215 | - | (6) The commissioner of the Indiana department of health or a | |
1216 | - | designee of the commissioner who is a Hispanic or Latino | |
1217 | - | employee of the Indiana department of health. | |
1218 | - | (7) The secretary of education or a designee of the secretary who | |
1219 | - | is a Hispanic or Latino employee of the department of education. | |
1220 | - | (8) The commissioner of the department of correction or a | |
1221 | - | designee of the commissioner who is a Hispanic or Latino | |
1222 | - | employee of the department of correction. | |
1223 | - | (9) The director of the civil rights commission or a designee of the | |
1224 | - | director who is a Hispanic or Latino employee of the civil rights | |
1225 | - | commission. | |
1226 | - | (10) The lieutenant governor or a designee of the lieutenant | |
1227 | - | governor who is a Hispanic or Latino employee of the lieutenant | |
1228 | - | governor. | |
1229 | - | (11) A Hispanic or Latino business person, appointed by the | |
1230 | - | governor. | |
1231 | - | (12) The commissioner of workforce development or a designee | |
1232 | - | of the commissioner who is a Hispanic or Latino employee of the | |
1233 | - | department of workforce development, who shall serve as an ex | |
1234 | - | officio member of the commission. | |
1235 | - | In making their appointments under this section, the president pro | |
1236 | - | tempore of the senate and the speaker of the house of representatives | |
1237 | - | shall attempt to have the greatest possible number of counties | |
1238 | - | represented on the commission. | |
1239 | - | (b) If a legislative member of the commission ceases to be a | |
1240 | - | HEA 1026 — Concur 30 | |
1241 | - | member of the chamber from which the member was appointed, the | |
1242 | - | member also ceases to be a member of the commission. | |
1243 | - | (c) A member of the commission may be removed at any time by the | |
1244 | - | appointing authority who appointed the member. | |
1245 | - | (d) If a vacancy on the commission occurs, the appointing authority | |
1246 | - | who appointed the former member whose position has become vacant | |
1247 | - | shall appoint an individual to fill the vacancy. An individual | |
1248 | - | appointed to fill a vacancy serves on the commission for the | |
1249 | - | remainder of the unexpired term of the individual's predecessor. | |
1250 | - | SECTION 50. IC 4-23-28-4.5 IS ADDED TO THE INDIANA | |
1251 | - | CODE AS A NEW SECTION TO READ AS FOLLOWS | |
1252 | - | [EFFECTIVE UPON PASSAGE]: Sec. 4.5. (a) A member of the | |
1253 | - | commission may be reappointed for successive terms. | |
1254 | - | (b) A member of the general assembly appointed to the | |
1255 | - | commission under section 4 of this chapter serves a two (2) year | |
1256 | - | term that expires June 30 of an odd-numbered year. | |
1257 | - | (c) A member appointed to the commission under section 4(a)(3) | |
1258 | - | of this chapter serves a four (4) year term that expires December | |
1259 | - | 31, 2025, and each fourth year thereafter. | |
1260 | - | (d) A member appointed to the commission under section 4(a)(4) | |
1261 | - | or 4(a)(11) of this chapter serves a four (4) year term that expires | |
1262 | - | December 31, 2027, and each fourth year thereafter. | |
1263 | - | SECTION 51. IC 4-23-28-9 IS AMENDED TO READ AS | |
1264 | - | FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 9. (a) Each member | |
1265 | - | of the commission who is not a state employee is entitled to the | |
1266 | - | minimum salary per diem provided by IC 4-10-11-2.1(b). The member | |
1267 | - | is also entitled to reimbursement for mileage, traveling expenses as | |
1268 | - | provided under IC 4-13-1-4, and other expenses actually incurred in | |
1269 | - | connection with the member's duties as provided in the state policies | |
1270 | - | and procedures established by the Indiana department of administration | |
1271 | - | and approved by the budget agency. The civil rights commission shall | |
1272 | - | pay expenses incurred under this subsection from amounts | |
1273 | - | appropriated for the operating expenses of the civil rights | |
1274 | - | commission. | |
1275 | - | (b) Each member of the commission who is a state employee but | |
1276 | - | who is not a member of the general assembly is entitled to | |
1277 | - | reimbursement for traveling expenses as provided under IC 4-13-1-4 | |
1278 | - | and other expenses actually incurred in connection with the member's | |
1279 | - | duties as provided in the state policies and procedures established by | |
1280 | - | the Indiana department of administration and approved by the budget | |
1281 | - | agency. The civil rights commission shall pay expenses incurred | |
1282 | - | under this subsection from amounts appropriated for the operating | |
1283 | - | HEA 1026 — Concur 31 | |
1284 | - | expenses of the civil rights commission. | |
1285 | - | (c) Each member of the commission who is a member of the general | |
1286 | - | assembly is entitled to receive the same per diem, mileage, and travel | |
1287 | - | allowances paid to legislative members of interim study committees | |
1288 | - | established by the legislative council. Per diem, mileage, and travel | |
1289 | - | allowances paid under this subsection shall be paid from appropriations | |
1290 | - | made to the legislative council or the legislative services agency. | |
1291 | - | SECTION 52. IC 4-23-31-4, AS ADDED BY P.L.133-2012, | |
1292 | - | SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
1293 | - | UPON PASSAGE]: Sec. 4. (a) A member of the commission may be | |
1294 | - | removed at any time by the member's appointing authority. | |
1295 | - | (b) The appointing authority shall fill a vacancy on the commission | |
1296 | - | by appointing a new member for the unexpired term. | |
1297 | - | (c) The terms of the legislative members are two (2) years in | |
1298 | - | length and expire at the election of the general assembly following the | |
1299 | - | appointments. June 30 of each odd-numbered year. | |
1300 | - | (d) A member of the commission appointed under section 3(11) | |
1301 | - | through 3(13) of this chapter serves a four (4) year term that | |
1302 | - | expires as follows: | |
1303 | - | (1) For a member appointed under section 3(11) of this | |
1304 | - | chapter, December 31, 2025, and every fourth year thereafter. | |
1305 | - | (2) For a member appointed under section 3(12) or 3(13) of | |
1306 | - | this chapter, June 30, 2025, and every fourth year thereafter. | |
1307 | - | SECTION 53. IC 4-23-31-11, AS ADDED BY P.L.133-2012, | |
1308 | - | SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
1309 | - | UPON PASSAGE]: Sec. 11. (a) Each member of the commission who | |
1310 | - | is not a state employee is entitled to the minimum salary per diem | |
1311 | - | provided by IC 4-10-11-2.1(b). The member is also entitled to | |
1312 | - | reimbursement for mileage, traveling expenses as provided under | |
1313 | - | IC 4-13-1-4, and other expenses actually incurred in connection with | |
1314 | - | the member's duties as provided in the state policies and procedures | |
1315 | - | established by the Indiana department of administration and approved | |
1316 | - | by the budget agency. | |
1317 | - | (b) Each member of the commission who is a state employee is | |
1318 | - | entitled to reimbursement for traveling expenses as provided under | |
1319 | - | IC 4-13-1-4 and other expenses actually incurred in connection with | |
1320 | - | the member's duties as provided in the state policies and procedures | |
1321 | - | established by the Indiana department of administration and approved | |
1322 | - | by the budget agency. | |
1323 | - | (c) Each member of the commission who is a member of the general | |
1324 | - | assembly is entitled to receive the same per diem, mileage, and travel | |
1325 | - | allowances paid to members of the general assembly serving on interim | |
1326 | - | HEA 1026 — Concur 32 | |
1327 | - | study committees created by the legislative council. Per diem, | |
1328 | - | mileage, and travel allowances paid under this subsection shall be | |
1329 | - | paid from appropriations made to the legislative council or the | |
1330 | - | legislative services agency. | |
1331 | - | (d) Expenses paid under subsections (a) and (b) shall be paid | |
1332 | - | from appropriations made to the civil rights commission. | |
1333 | - | SECTION 54. IC 4-23-32-4, AS AMENDED BY P.L.56-2023, | |
1334 | - | SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
1335 | - | UPON PASSAGE]: Sec. 4. (a) The commission consists of fifteen (15) | |
1336 | - | voting members and four (4) nonvoting members. The voting members | |
1337 | - | of the commission consist of the following: | |
1338 | - | (1) Eight (8) Native American Indians, each from a different | |
1339 | - | geographic region of Indiana. | |
1340 | - | (2) The commissioner of the department of correction or the | |
1341 | - | commissioner's designee. | |
1342 | - | (3) The director of the department of child services or the | |
1343 | - | director's designee. | |
1344 | - | (4) The commissioner of the Indiana department of health or the | |
1345 | - | commissioner's designee. | |
1346 | - | (5) The secretary of family and social services or the secretary's | |
1347 | - | designee. | |
1348 | - | (6) The director of the department of natural resources or the | |
1349 | - | director's designee. | |
1350 | - | (7) The secretary of education or the secretary's designee. | |
1351 | - | (8) The commissioner of the department of workforce | |
1352 | - | development or the commissioner's designee. | |
1353 | - | (b) The nonvoting members of the commission consist of the | |
1354 | - | following: | |
1355 | - | (1) One (1) member of the house of representatives appointed by | |
1356 | - | the speaker of the house of representatives. | |
1357 | - | (2) One (1) member of the senate appointed by the president pro | |
1358 | - | tempore of the senate. | |
1359 | - | (3) One (1) member of the house of representatives appointed by | |
1360 | - | the minority leader of the house of representatives. | |
1361 | - | (4) One (1) member of the senate appointed by the minority | |
1362 | - | leader of the senate. | |
1363 | - | (c) The governor shall appoint each Native American Indian | |
1364 | - | member of the commission to a term of four (4) years, and any vacancy | |
1365 | - | occurring shall be filled by the governor for the unexpired term. Before | |
1366 | - | appointing a Native American Indian member to the commission, the | |
1367 | - | governor shall solicit nominees from Indiana associations that represent | |
1368 | - | Native American Indians in the geographic region from which the | |
1369 | - | HEA 1026 — Concur 33 | |
1370 | - | member will be selected. Not more than two (2) members may | |
1371 | - | represent the same tribe or Native American Indian organization or | |
1372 | - | association. The terms of the members described in this subsection | |
1373 | - | expire as follows: | |
1374 | - | (1) For four (4) of the members, as determined by the | |
1375 | - | governor, December 31, 2025, and every fourth year | |
1376 | - | thereafter. | |
1377 | - | (2) For four (4) of the members, as determined by the | |
1378 | - | governor, December 31, 2027, and every fourth year | |
1379 | - | thereafter. | |
1380 | - | (d) A member of the general assembly appointed to the | |
1381 | - | commission serves a two (2) year term that expires June 30 of an | |
1382 | - | odd-numbered year. | |
1383 | - | (d) (e) A member of the commission may be removed by the | |
1384 | - | member's appointing authority. | |
1385 | - | (f) A member of the commission may be reappointed to | |
1386 | - | successive terms. | |
1387 | - | (g) A vacancy on the commission shall be filled by the | |
1388 | - | appropriate appointing authority. An individual appointed to fill | |
1389 | - | a vacancy serves for the unexpired term of the individual's | |
1390 | - | predecessor. | |
1391 | - | SECTION 55. IC 4-23-32-5, AS ADDED BY P.L.133-2012, | |
1392 | - | SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
1393 | - | UPON PASSAGE]: Sec. 5. (a) The commission shall meet quarterly | |
1394 | - | at the call of the chairperson. | |
1395 | - | (b) The affirmative votes of at least eight (8) members of the | |
1396 | - | commission are required for the commission to take any official action, | |
1397 | - | including public policy recommendations and reports. | |
1398 | - | SECTION 56. IC 4-23-32-6, AS ADDED BY P.L.133-2012, | |
1399 | - | SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
1400 | - | UPON PASSAGE]: Sec. 6. (a) The civil rights commission established | |
1401 | - | by IC 22-9-1-4 shall provide staff and administrative support for the | |
1402 | - | commission. | |
1403 | - | (b) Except as provided in section 6.5 of this chapter, expenses | |
1404 | - | incurred under this chapter shall be paid from funds appropriated to the | |
1405 | - | civil rights commission. | |
1406 | - | (c) The governor shall appoint a voting member of the commission | |
1407 | - | to serve as the commission's chairperson until January 1, 2025. For | |
1408 | - | each calendar year beginning after December 31, 2024, the voting | |
1409 | - | members of the commission shall annually elect a chairperson from | |
1410 | - | among the voting members of the commission. | |
1411 | - | SECTION 57. IC 4-23-32-6.5 IS ADDED TO THE INDIANA | |
1412 | - | HEA 1026 — Concur 34 | |
1413 | - | CODE AS A NEW SECTION TO READ AS FOLLOWS | |
1414 | - | [EFFECTIVE UPON PASSAGE]: Sec. 6.5. (a) Each member of the | |
1415 | - | commission who is not a state employee is entitled to the minimum | |
1416 | - | salary per diem provided by IC 4-10-11-2.1(b). The member is also | |
1417 | - | entitled to reimbursement for mileage, traveling expenses as | |
1418 | - | provided under IC 4-13-1-4, and other expenses actually incurred | |
1419 | - | in connection with the member's duties as provided in the state | |
1420 | - | policies and procedures established by the Indiana department of | |
1421 | - | administration and approved by the budget agency. | |
1422 | - | (b) Each member of the commission who is a state employee is | |
1423 | - | entitled to reimbursement for traveling expenses as provided under | |
1424 | - | IC 4-13-1-4 and other expenses actually incurred in connection | |
1425 | - | with the member's duties as provided in the state policies and | |
1426 | - | procedures established by the Indiana department of | |
1427 | - | administration and approved by the budget agency. | |
1428 | - | (c) Each member of the commission who is a member of the | |
1429 | - | general assembly is entitled to receive the same per diem, mileage, | |
1430 | - | and travel allowances paid to members of the general assembly | |
1431 | - | serving on interim study committees created by the legislative | |
1432 | - | council. Per diem, mileage, and travel allowances paid under this | |
1433 | - | subsection shall be paid from appropriations made to the | |
1434 | - | legislative council or the legislative services agency. | |
1435 | - | SECTION 58. IC 5-1-17-6, AS ADDED BY P.L.214-2005, | |
1436 | - | SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
1437 | - | UPON PASSAGE]: Sec. 6. An Indiana stadium and convention | |
1438 | - | building authority is created in Indiana as a separate body corporate | |
1439 | - | and politic as an instrumentality of the state to acquire, construct, | |
1440 | - | equip, own, lease, and finance facilities for lease to or for the benefit | |
1441 | - | of a capital improvement board. The authority shall provide staff | |
1442 | - | support to the board of directors appointed under section 7 of this | |
1443 | - | chapter. | |
1444 | - | SECTION 59. IC 5-1-17-7, AS AMENDED BY P.L.104-2022, | |
1445 | - | SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
1446 | - | UPON PASSAGE]: Sec. 7. (a) The board is composed of the following | |
1447 | - | seven (7) members, who must be residents of Indiana: | |
1448 | - | (1) Four (4) members appointed by the governor. The president | |
1449 | - | pro tempore of the senate and the speaker of the house of | |
1450 | - | representatives may each make one (1) recommendation to the | |
1451 | - | governor concerning the appointment of a member under this | |
1452 | - | subdivision. | |
1453 | - | (2) Two (2) members appointed by the Marion County executive. | |
1454 | - | (3) One (1) member appointed by the governor, who has been | |
1455 | - | HEA 1026 — Concur 35 | |
1456 | - | nominated by the county fiscal body of a county that is contiguous | |
1457 | - | to Marion County, determined as follows: | |
1458 | - | (A) The member nominated for the initial term shall be | |
1459 | - | nominated by the contiguous county that has the largest | |
1460 | - | population of all the contiguous counties that have adopted an | |
1461 | - | ordinance to impose a food and beverage tax under IC 6-9-35. | |
1462 | - | (B) The member nominated for each successive term shall be | |
1463 | - | nominated by the contiguous county that: | |
1464 | - | (i) contributed the most revenues from the tax imposed by | |
1465 | - | IC 6-9-35 to the capital improvement board of managers | |
1466 | - | created by IC 36-10-9-3 in the immediately previous | |
1467 | - | calendar year; and | |
1468 | - | (ii) has not previously made a nomination to the governor or, | |
1469 | - | if all the contributing counties have previously made such a | |
1470 | - | nomination, is the one whose then most recent nomination | |
1471 | - | occurred before those of all the other contributing counties. | |
1472 | - | (b) A member appointed under subsection (a)(1) through (a)(2) is | |
1473 | - | entitled to serve a three (3) year term. A member appointed under | |
1474 | - | subsection (a)(3) is entitled to serve a one (1) year term. A member | |
1475 | - | may be reappointed to subsequent terms. A member of the general | |
1476 | - | assembly appointed to the board serves a two (2) year term that | |
1477 | - | expires June 30 of an odd-numbered year. A member of the board | |
1478 | - | who is not a member of the general assembly serves a four (4) year | |
1479 | - | term that expires as follows: | |
1480 | - | (1) If the member is appointed under subsection (a)(1), | |
1481 | - | December 31, 2025, and each fourth year thereafter. | |
1482 | - | (2) If the member is appointed under subsection (a)(2) or | |
1483 | - | (a)(3), December 31, 2027, and each fourth year thereafter. | |
1484 | - | (c) If a vacancy occurs on the board, the governor shall fill the | |
1485 | - | vacancy by appointing a new member for the remainder of the vacated | |
1486 | - | term. If the vacated member was appointed under subsection (a)(2) or | |
1487 | - | (a)(3), the governor shall appoint a new member who has been | |
1488 | - | nominated by the person or body who made the nomination of the | |
1489 | - | vacated member. | |
1490 | - | (d) A member may be removed for cause by the appointing | |
1491 | - | authority. | |
1492 | - | (e) Each member, before entering upon the duties of office, must | |
1493 | - | take and subscribe an oath of office under IC 5-4-1, which shall be | |
1494 | - | endorsed upon the certificate of appointment and filed with the records | |
1495 | - | of the board. | |
1496 | - | (f) The governor shall nominate an executive director for the | |
1497 | - | authority, subject to the veto authority of the Marion County executive. | |
1498 | - | HEA 1026 — Concur 36 | |
1499 | - | SECTION 60. IC 5-2-6-4, AS AMENDED BY P.L.161-2018, | |
1500 | - | SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
1501 | - | UPON PASSAGE]: Sec. 4. (a) The board of trustees is composed of: | |
1502 | - | (1) the governor, or the governor's designee, who shall act as | |
1503 | - | chairman; | |
1504 | - | (2) the attorney general, or the attorney general's designee; | |
1505 | - | (3) the superintendent of state police, or the superintendent's | |
1506 | - | designee; | |
1507 | - | (4) the commissioner of the department of correction, or the | |
1508 | - | commissioner's designee; | |
1509 | - | (5) the executive director of the prosecuting attorneys council; | |
1510 | - | (6) the chief administrative officer of the office of judicial | |
1511 | - | administration; | |
1512 | - | (7) the executive director of the public defenders council; | |
1513 | - | (8) the state public defender; | |
1514 | - | (9) eight (8) persons who are appointed by and who serve at the | |
1515 | - | pleasure of the governor, including: | |
1516 | - | (A) one (1) sheriff; | |
1517 | - | (B) one (1) chief of police; | |
1518 | - | (C) one (1) judge of a court with both juvenile jurisdiction and | |
1519 | - | general criminal jurisdiction; and | |
1520 | - | (D) five (5) citizens who have manifested an interest in | |
1521 | - | criminal or juvenile justice, one (1) of whom shall be a | |
1522 | - | member of the state advisory group under the Juvenile Justice | |
1523 | - | Act. | |
1524 | - | (b) The president pro tempore of the senate, or a senator appointed | |
1525 | - | by the president pro tempore, and the speaker of the house of | |
1526 | - | representatives, or a representative appointed by the speaker, may serve | |
1527 | - | as nonvoting advisors to the trustees. A trustee advisor appointed | |
1528 | - | under this subsection serves at the pleasure of the appointing | |
1529 | - | authority. A member of the general assembly serving under this | |
1530 | - | subsection serves a term of two (2) years. The term expires June 30 | |
1531 | - | of each odd-numbered year. | |
1532 | - | (c) Trustees appointed by the governor serve an initial three (3) year | |
1533 | - | term and may be reappointed for additional terms. The additional terms | |
1534 | - | may be A trustee appointed by the governor serves at the pleasure | |
1535 | - | of the governor. The terms of the trustees appointed by the | |
1536 | - | governor are four (4) years in length and expire as follows: | |
1537 | - | (1) For a trustee described in subsection (a)(9)(A) through | |
1538 | - | (a)(9)(C), December 31, 2025, and each fourth year thereafter. | |
1539 | - | (2) For a trustee described in subsection (a)(9)(D), December | |
1540 | - | 31, 2027, and each fourth year thereafter. | |
1541 | - | HEA 1026 — Concur 37 | |
1542 | - | (d) Membership on the board of trustees does not constitute holding | |
1543 | - | a public office. | |
1544 | - | (e) The appropriate appointing authority shall fill a vacancy on | |
1545 | - | the board of trustees. A trustee appointed to fill a vacancy serves | |
1546 | - | for the remainder of the term of the trustee's predecessor. | |
1547 | - | SECTION 61. IC 5-2-6-5, AS AMENDED BY P.L.100-2012, | |
1548 | - | SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
1549 | - | UPON PASSAGE]: Sec. 5. (a) The institute is composed of: | |
1550 | - | (1) the trustees; and | |
1551 | - | (2) a research and information consortium. | |
1552 | - | (b) The trustees shall: | |
1553 | - | (1) evaluate and disseminate to the public information concerning | |
1554 | - | the cost and effectiveness of the criminal and juvenile justice | |
1555 | - | systems; | |
1556 | - | (2) promote coordination and cooperation for the effective | |
1557 | - | administration of the criminal and juvenile justice systems; | |
1558 | - | (3) establish plans for the criminal and juvenile justice systems | |
1559 | - | and make recommendations concerning the implementation of | |
1560 | - | these plans; | |
1561 | - | (4) encourage and assist in the organization of an academic | |
1562 | - | consortium for the purpose of engaging in research; | |
1563 | - | (5) receive, expend, and account for state funds made available | |
1564 | - | for the purposes of this chapter; | |
1565 | - | (6) apply for and accept gifts and grants (which must be | |
1566 | - | administered as public funds) made for the purposes of this | |
1567 | - | chapter; | |
1568 | - | (7) enter into lawful agreements as required as a condition for | |
1569 | - | receiving gifts, grants, or other funds for the purposes of this | |
1570 | - | chapter; | |
1571 | - | (8) employ a director; | |
1572 | - | (9) adopt rules, under IC 4-22-2, necessary to carry out the | |
1573 | - | purposes of this chapter; and | |
1574 | - | (10) promulgate guidelines concerning participation in the | |
1575 | - | research and information consortium. | |
1576 | - | (c) The research and information consortium is composed of state | |
1577 | - | educational institutions that are engaged in criminal or juvenile justice | |
1578 | - | research under the direction of the trustees. A state or local | |
1579 | - | governmental entity may participate in the consortium. The consortium | |
1580 | - | shall act as an advisory body to the institute and perform other related | |
1581 | - | functions as requested by the trustees. | |
1582 | - | (d) The trustees shall meet quarterly and at such times as called by | |
1583 | - | the chairman. A majority of the trustees constitutes a quorum for doing | |
1584 | - | HEA 1026 — Concur 38 | |
1585 | - | business. A majority vote of the trustees is required for passage of any | |
1586 | - | matter put to a vote. The trustees shall establish procedures and | |
1587 | - | requirements with respect to the place and conduct of their meetings. | |
1588 | - | (e) A trustee is not entitled to the minimum salary per diem as | |
1589 | - | provided in IC 4-10-11-2.1(b) while performing the trustee's duties. A | |
1590 | - | trustee is entitled to reimbursement for traveling expenses and other | |
1591 | - | expenses actually incurred in connection with the trustee's duties, as | |
1592 | - | provided in the state travel policies and procedures established by the | |
1593 | - | department of administration and approved by the state budget agency. | |
1594 | - | (f) Each trustee advisor who is a member of the general | |
1595 | - | assembly is entitled to receive the same per diem, mileage, and | |
1596 | - | travel allowances paid to members of the general assembly serving | |
1597 | - | on interim study committees created by the legislative council. Per | |
1598 | - | diem, mileage, and travel allowances paid under this subsection | |
1599 | - | shall be paid from appropriations made to the legislative council or | |
1600 | - | the legislative services agency. | |
1601 | - | (g) Expenses paid under subsection (e) shall be paid from | |
1602 | - | appropriations made to the institute. | |
1603 | - | SECTION 62. IC 5-26-2-3, AS AMENDED BY P.L.66-2017, | |
1604 | - | SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
1605 | - | UPON PASSAGE]: Sec. 3. (a) The commission is comprised of twelve | |
1606 | - | (12) members as follows: | |
1607 | - | (1) A sheriff appointed by the governor. | |
1608 | - | (2) A chief of police appointed by the governor. | |
1609 | - | (3) A fire chief appointed by the governor. | |
1610 | - | (4) A head of an emergency medical services provider appointed | |
1611 | - | by the governor. | |
1612 | - | (5) A mayor appointed by the governor. | |
1613 | - | (6) A county commissioner appointed by the governor. | |
1614 | - | (7) A representative of campus law enforcement appointed by the | |
1615 | - | governor. | |
1616 | - | (8) A representative of the private sector appointed by the | |
1617 | - | governor. | |
1618 | - | (9) The superintendent of the state police department. | |
1619 | - | (10) The special agent in charge of the Indiana office of the | |
1620 | - | Federal Bureau of Investigation or designee. | |
1621 | - | (11) An individual appointed by the speaker of the house of | |
1622 | - | representatives. | |
1623 | - | (12) An individual appointed by the president pro tempore of the | |
1624 | - | senate. | |
1625 | - | (b) Not more than four (4) members appointed under subsection | |
1626 | - | (a)(1) through (a)(8) may be members of the same political party. | |
1627 | - | HEA 1026 — Concur 39 | |
1628 | - | (c) The terms of the members appointed under subsection (a)(1) | |
1629 | - | through (a)(8) are four (4) years in length and expire as follows: | |
1630 | - | (1) For a member described in subsection (a)(1) through | |
1631 | - | (a)(4), December 31, 2025, and each fourth year thereafter. | |
1632 | - | (2) For a member described in subsection (a)(5) through | |
1633 | - | (a)(8), December 31, 2027, and each fourth year thereafter. | |
1634 | - | (d) A member appointed under subsection (a)(11) or (a)(12) | |
1635 | - | serves a term of two (2) years. The term expires June 30 of an | |
1636 | - | odd-numbered year. | |
1637 | - | (e) A member of the commission may be reappointed to | |
1638 | - | successive terms. A vacancy on the commission shall be filled by | |
1639 | - | the appropriate appointing authority. An individual appointed to | |
1640 | - | fill a vacancy serves for the unexpired term of the individual's | |
1641 | - | predecessor. | |
1642 | - | SECTION 63. IC 5-26-2-6 IS AMENDED TO READ AS | |
1643 | - | FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 6. (a) The governor | |
1644 | - | shall select a chair and vice chair of the commission. The chair and | |
1645 | - | vice chair serve at the pleasure of the governor. | |
1646 | - | (b) The chair may appoint staff needed to carry out this chapter from | |
1647 | - | the existing staff of participating agencies. | |
1648 | - | (c) The commission shall meet quarterly at the call of the chair. | |
1649 | - | SECTION 64. IC 5-26-2-7 IS AMENDED TO READ AS | |
1650 | - | FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7. Each member of | |
1651 | - | the commission who is not a state employee is entitled to the minimum | |
1652 | - | salary per diem provided by IC 4-10-11-2.1(b). The member is also | |
1653 | - | entitled to reimbursement for mileage, traveling expenses as provided | |
1654 | - | under IC 4-13-1-4, and other expenses actually incurred in connection | |
1655 | - | with the member's duties as provided in the state policies and | |
1656 | - | procedures established by the Indiana department of administration and | |
1657 | - | approved by the budget agency. | |
1658 | - | SECTION 65. IC 5-26-2-8.5 IS ADDED TO THE INDIANA CODE | |
1659 | - | AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE | |
1660 | - | UPON PASSAGE]: Sec. 8.5. Expenses incurred under sections 7 and | |
1661 | - | 8 of this chapter shall be paid from amounts appropriated to the | |
1662 | - | commission. | |
1663 | - | SECTION 66. IC 5-26-2-9 IS AMENDED TO READ AS | |
1664 | - | FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 9. The legislative | |
1665 | - | members of the commission are entitled to receive the same per diem, | |
1666 | - | mileage, and travel allowances paid to persons who serve as legislative | |
1667 | - | members of interim study committees established by the legislative | |
1668 | - | council. Per diem, mileage, and travel allowances paid under this | |
1669 | - | section shall be paid from appropriations made to the legislative | |
1670 | - | HEA 1026 — Concur 40 | |
1671 | - | council or the legislative services agency. | |
1672 | - | SECTION 67. IC 6-1.1-20.3-4, AS AMENDED BY P.L.165-2021, | |
1673 | - | SECTION 67 AND P.L.43-2021, SECTION 30, IS AMENDED TO | |
1674 | - | READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. (a) | |
1675 | - | The distressed unit appeal board is established. | |
1676 | - | (b) The distressed unit appeal board consists of the following | |
1677 | - | members: | |
1678 | - | (1) The director of the office of management and budget or the | |
1679 | - | director's designee. The director or the director's designee shall | |
1680 | - | serve as chairperson of the distressed unit appeal board. | |
1681 | - | (2) The commissioner of the department of local government | |
1682 | - | finance or the commissioner's designee. | |
1683 | - | (3) The state examiner of the state board of accounts or the state | |
1684 | - | examiner's designee. | |
1685 | - | (4) The secretary of education or the secretary's designee. | |
1686 | - | (5) An individual appointed by the governor to serve a four (4) | |
1687 | - | year term that expires December 31, 2025, and each fourth | |
1688 | - | year thereafter. | |
1689 | - | (6) A member of the house of representatives appointed by the | |
1690 | - | speaker of the house of representatives, who shall serve as a | |
1691 | - | nonvoting member. | |
1692 | - | (7) A member of the senate appointed by the president pro | |
1693 | - | tempore of the senate, who shall serve as a nonvoting member. | |
1694 | - | (8) A member to serve a one (1) year term in each even-numbered | |
1695 | - | year who: | |
1696 | - | (A) is a member of the house of representatives and | |
1697 | - | (B) is appointed by the minority leader of the house of | |
1698 | - | representatives | |
1699 | - | The member is who shall serve as a nonvoting member. | |
1700 | - | (9) A member to serve a one (1) year term in each odd-numbered | |
1701 | - | year who: | |
1702 | - | (A) is a member of the senate and | |
1703 | - | (B) is appointed by the minority leader of the senate | |
1704 | - | The member is who shall serve as a nonvoting member. | |
1705 | - | The members appointed under subdivisions (6) through (9) serve | |
1706 | - | two (2) year terms that expire June 30 of each odd-numbered year. | |
1707 | - | Members appointed under subdivisions (5) through (9) serve at the | |
1708 | - | pleasure of the appointing authority and may be reappointed to | |
1709 | - | successive terms. | |
1710 | - | (c) Each member of the board who is not a state employee member | |
1711 | - | of the general assembly is entitled to reimbursement for: | |
1712 | - | (1) mileage and traveling expenses as provided under | |
1713 | - | HEA 1026 — Concur 41 | |
1714 | - | IC 4-13-1-4; and | |
1715 | - | (2) other expenses actually incurred in connection with the | |
1716 | - | member's duties as provided in the state policies and procedures | |
1717 | - | established by the Indiana department of administration and | |
1718 | - | approved by the budget agency. | |
1719 | - | (d) Each member of the board who is a member of the general | |
1720 | - | assembly is entitled to receive the same per diem, mileage, and travel | |
1721 | - | allowances paid to legislative members of interim study committees. | |
1722 | - | Per diem, mileage, and travel allowances paid under this section shall | |
1723 | - | be paid from appropriations made to the legislative council or the | |
1724 | - | legislative services agency. | |
1725 | - | (e) Each member of the board who is a state employee is entitled | |
1726 | - | to reimbursement for traveling expenses as provided under | |
1727 | - | IC 4-13-1-4 and other expenses actually incurred in connection | |
1728 | - | with the member's duties as provided in the state policies and | |
1729 | - | procedures established by the Indiana department of | |
1730 | - | administration and approved by the budget agency. | |
1731 | - | (f) Expenses paid under subsections (c) and (e) shall be paid | |
1732 | - | from appropriations made to the board. | |
1733 | - | (g) A vacancy on the board shall be filled by the appropriate | |
1734 | - | appointing authority. An individual appointed to fill a vacancy | |
1735 | - | serves for the unexpired term of the individual's predecessor. | |
1736 | - | SECTION 68. IC 6-1.1-20.3-9, AS AMENDED BY P.L.241-2017, | |
1737 | - | SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
1738 | - | UPON PASSAGE]: Sec. 9. The board shall meet at least annually. | |
1739 | - | However, the board may meet more frequently if the members of | |
1740 | - | the board determine that additional meetings are necessary. The | |
1741 | - | board shall keep a record of its proceedings and its orders. IC 5-14-1.5 | |
1742 | - | (the open door law) applies to the board's meetings. | |
1743 | - | SECTION 69. IC 9-13-3-5, AS ADDED BY P.L.128-2021, | |
4126 | + | (k) (j) A member of the commission may be removed for cause.". | |
4127 | + | Page 22, between lines 1 and 2, begin a new paragraph and insert: | |
4128 | + | "(d) Expenses paid under subsections (a) and (b) shall be paid | |
4129 | + | from appropriations made to the civil rights commission.". | |
4130 | + | Page 22, line 4, delete "JANUARY 1, 2024 (RETROACTIVE)]:" | |
4131 | + | and insert "UPON PASSAGE]:". | |
4132 | + | Page 23, line 15, delete "[EFFECTIVE JANUARY 1, 2024 | |
4133 | + | (RETROACTIVE)]:" and insert "[EFFECTIVE UPON PASSAGE]:". | |
4134 | + | Page 23, line 23, delete "2023," and insert "2025,". | |
4135 | + | Page 23, line 26, delete "2025," and insert "2027,". | |
4136 | + | Page 23, line 39, strike "but". | |
4137 | + | Page 23, line 40, strike "who is not a member of the general | |
4138 | + | assembly". | |
4139 | + | Page 24, line 14, delete "JANUARY 1, 2024 (RETROACTIVE)]:" | |
4140 | + | and insert "UPON PASSAGE]:". | |
4141 | + | Page 24, line 25, delete "or 3(12)". | |
4142 | + | Page 24, line 26, delete "2023," and insert "2025,". | |
4143 | + | Page 24, line 28, after "section" insert "3(12) or". | |
4144 | + | Page 24, line 29, delete "December 31," and insert "June 30,". | |
4145 | + | Page 25, line 15, delete "JANUARY 1, 2024 (RETROACTIVE)]:" | |
4146 | + | and insert "UPON PASSAGE]:". | |
4147 | + | Page 26, line 13, delete "2023," and insert "2025,". | |
4148 | + | Page 26, line 16, delete "2025," and insert "2027,". | |
4149 | + | Page 26, line 31, delete "JANUARY 1, 2024 (RETROACTIVE)]:" | |
4150 | + | and insert "UPON PASSAGE]:". | |
4151 | + | Page 27, line 32, delete "JANUARY 1, 2024 (RETROACTIVE)]:" | |
4152 | + | and insert "UPON PASSAGE]:". | |
4153 | + | Page 27, line 41, delete "JANUARY 1, 2024 (RETROACTIVE)]:" | |
4154 | + | EH 1026—LS 6162/DI 92 97 | |
4155 | + | and insert "UPON PASSAGE]:". | |
4156 | + | Page 28, line 34, delete "2023," and insert "2025,". | |
4157 | + | Page 28, line 36, delete "2025," and insert "2027,". | |
4158 | + | Page 29, line 11, delete "JANUARY 1, 2024 (RETROACTIVE)]:" | |
4159 | + | and insert "UPON PASSAGE]:". | |
4160 | + | Page 29, line 38, after "trustees." insert "A trustee advisor | |
4161 | + | appointed under this subsection serves at the pleasure of the | |
4162 | + | appointing authority.". | |
4163 | + | Page 29, line 41, strike "Trustees appointed by the governor serve | |
4164 | + | an initial three (3) year". | |
4165 | + | Page 29, strike line 42. | |
4166 | + | Page 30, line 1, delete "are" and insert "A trustee appointed by the | |
4167 | + | governor serves at the pleasure of the governor. The terms of the | |
4168 | + | trustees appointed by the governor are". | |
4169 | + | Page 30, line 3, delete "2023," and insert "2025,". | |
4170 | + | Page 30, line 5, delete "2025," and insert "2027,". | |
4171 | + | Page 31, line 9, reset in roman lines 9 through 14. | |
4172 | + | Page 31, delete lines 15 through 28. | |
4173 | + | Page 31, line 29, delete "(g)" and insert "(f)". | |
4174 | + | Page 31, line 29, after "trustee" insert "advisor". | |
4175 | + | Page 31, line 36, delete "(h)" and insert "(g)". | |
4176 | + | Page 31, line 36, delete "subsections" and insert "subsection". | |
4177 | + | Page 31, line 36, delete "and (f)". | |
4178 | + | Page 31, line 40, delete "JANUARY 1, 2024 (RETROACTIVE)]:" | |
4179 | + | and insert "UPON PASSAGE]:". | |
4180 | + | Page 32, line 23, delete "2023," and insert "2025,". | |
4181 | + | Page 32, line 25, delete "2025," and insert "2027,". | |
4182 | + | Page 32, line 26, delete "of the general assembly". | |
4183 | + | Page 32, line 29, after "(e)" insert "A member of the commission | |
4184 | + | may be reappointed to successive terms.". | |
4185 | + | Page 32, delete lines 33 through 42. | |
4186 | + | Page 33, delete lines 1 through 32. | |
4187 | + | Page 33, line 34, delete "[EFFECTIVE JANUARY 1, 2024 | |
4188 | + | (RETROACTIVE)]:" and insert "[EFFECTIVE UPON PASSAGE]:". | |
4189 | + | Page 33, line 42, delete "[EFFECTIVE JANUARY 1, 2024 | |
4190 | + | (RETROACTIVE)]:" and insert "[EFFECTIVE UPON PASSAGE]:". | |
4191 | + | Page 34, line 10, delete "JANUARY 1, 2024 (RETROACTIVE)]:" | |
4192 | + | and insert "UPON PASSAGE]:". | |
4193 | + | Page 34, line 23, delete "[EFFECTIVE JANUARY 1, 2024]" and | |
4194 | + | insert "[EFFECTIVE UPON PASSAGE]:". | |
4195 | + | Page 34, line 24, delete "(RETROACTIVE)]:". | |
4196 | + | Page 34, line 37, delete "2023," and insert "2025,". | |
4197 | + | EH 1026—LS 6162/DI 92 98 | |
4198 | + | Page 35, line 14, after "." insert "Members appointed under | |
4199 | + | subdivisions (5) through (9) serve at the pleasure of the appointing | |
4200 | + | authority and may be reappointed to successive terms.". | |
4201 | + | Page 35, line 15, delete "or a". | |
4202 | + | Page 35, line 16, strike "member of the general assembly". | |
4203 | + | Page 35, line 29, delete "but who". | |
4204 | + | Page 35, line 30, delete "is not a member of the general assembly". | |
4205 | + | Page 36, between lines 5 and 6, begin a new paragraph and insert: | |
4206 | + | "SECTION 70. IC 9-13-3-5, AS ADDED BY P.L.128-2021, | |
1744 | 4207 | SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
1745 | 4208 | UPON PASSAGE]: Sec. 5. (a) The governor shall annually designate | |
1746 | 4209 | one (1) of the members appointed under section 4(1) of this chapter as | |
1747 | 4210 | chairperson of the commission. | |
1748 | 4211 | (b) Members of the commission appointed under section 4(1) of this | |
1749 | 4212 | chapter serve a four (4) year term that expires June 30, 2025, and | |
1750 | 4213 | each fourth year thereafter. | |
1751 | - | SECTION | |
4214 | + | SECTION 71. IC 9-13-3-6, AS ADDED BY P.L.128-2021, | |
1752 | 4215 | SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
1753 | 4216 | UPON PASSAGE]: Sec. 6. (a) Four (4) members of the general | |
1754 | 4217 | assembly shall be appointed as members of the commission as follows: | |
1755 | 4218 | (1) The speaker of the house of representatives shall appoint two | |
1756 | - | HEA 1026 — Concur 42 | |
1757 | 4219 | (2) members of the house of representatives, both of whom may | |
1758 | 4220 | not be members of the same political party. | |
1759 | 4221 | (2) The president pro tempore of the senate shall appoint two (2) | |
1760 | 4222 | members of the senate, both of whom may not be members of the | |
1761 | 4223 | same political party. | |
1762 | 4224 | (b) A member of the commission appointed under subsection (a) | |
1763 | 4225 | serves until the member's current term of office as a member of the | |
1764 | 4226 | general assembly expires. a two (2) year term that expires June 30 | |
1765 | 4227 | of an odd-numbered year. | |
1766 | 4228 | (c) A vacancy under subsection (a) shall be filled by the officer who | |
1767 | 4229 | appointed the vacating legislator. legislative member. A legislative | |
1768 | 4230 | member appointed under this subsection serves until the end of the | |
1769 | 4231 | unexpired term of the vacating legislator. member's predecessor. | |
1770 | 4232 | (d) A member of the commission appointed under this section may | |
1771 | - | be reappointed. | |
1772 | - | SECTION 71. IC 9-13-3-9, AS ADDED BY P.L.128-2021, | |
1773 | - | SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
1774 | - | UPON PASSAGE]: Sec. 9. (a) Each member of the commission who | |
1775 | - | is not a state employee is entitled to the minimum salary per diem | |
1776 | - | provided by IC 4-10-11-2.1(b). The member is also entitled to | |
1777 | - | reimbursement for mileage, traveling expenses as provided under | |
1778 | - | IC 4-13-1-4, and other expenses actually incurred in connection with | |
1779 | - | the member's duties as provided in the state policies and procedures | |
1780 | - | established by the Indiana department of administration and approved | |
1781 | - | by the budget agency. Expenses incurred under this subsection shall be | |
1782 | - | paid out of the funds appropriated to the lieutenant governor. | |
1783 | - | (b) Each member of the commission who is a member of the general | |
1784 | - | assembly is entitled to receive the same per diem, mileage, and travel | |
1785 | - | allowances paid to members of the general assembly serving on interim | |
1786 | - | study committees established by the legislative council. Per diem, | |
1787 | - | mileage, and travel allowances paid under this subsection shall be | |
1788 | - | paid from appropriations made to the legislative council or the | |
1789 | - | legislative services agency. | |
1790 | - | SECTION 72. IC 10-19-8.1-3, AS AMENDED BY P.L.127-2022, | |
1791 | - | SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
1792 | - | UPON PASSAGE]: Sec. 3. (a) The council consists of the following | |
1793 | - | members: | |
1794 | - | (1) The governor or the governor's designee. | |
1795 | - | (2) The executive director of the department of homeland | |
1796 | - | security. | |
1797 | - | (3) The superintendent of the state police department. | |
1798 | - | (4) The adjutant general. | |
1799 | - | HEA 1026 — Concur 43 | |
1800 | - | (5) The state health commissioner. | |
1801 | - | (6) The commissioner of the department of environmental | |
1802 | - | management. | |
1803 | - | (7) The chairman of the Indiana utility regulatory commission. | |
1804 | - | (8) The director of the department of natural resources or, if | |
1805 | - | designated by the director, the deputy director who manages the | |
1806 | - | bureau of administration. | |
1807 | - | (9) The chief information officer of the office of technology. | |
1808 | - | (10) The speaker of the house of representatives or the speaker's | |
1809 | - | designee. | |
1810 | - | (11) The president pro tempore of the senate or the president pro | |
1811 | - | tempore's designee. | |
1812 | - | (12) The minority leader of the house of representatives or the | |
1813 | - | minority leader's designee. | |
1814 | - | (13) The minority leader of the senate or the minority leader's | |
1815 | - | designee. | |
1816 | - | (b) The members of the council described in subsection (a)(10) | |
1817 | - | through (a)(13) are nonvoting members. | |
1818 | - | SECTION 73. IC 10-19-8.1-5, AS ADDED BY P.L.249-2019, | |
4233 | + | be reappointed.". | |
4234 | + | Page 37, between lines 8 and 9, begin a new paragraph and insert: | |
4235 | + | "SECTION 75. IC 10-19-8.1-5, AS ADDED BY P.L.249-2019, | |
1819 | 4236 | SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
1820 | 4237 | UPON PASSAGE]: Sec. 5. (a) Each member of the council who is not | |
1821 | 4238 | a state employee is not entitled to the minimum salary per diem | |
1822 | 4239 | provided by IC 4-10-11-2.1(b). The member is, however, entitled to | |
4240 | + | EH 1026—LS 6162/DI 92 99 | |
1823 | 4241 | reimbursement for mileage, travel expenses as provided in IC 4-13-1-4, | |
1824 | 4242 | and other expenses actually incurred in connection with the member's | |
1825 | 4243 | duties as provided in the state policies and procedures established by | |
1826 | 4244 | the Indiana department of administration and approved by the budget | |
1827 | 4245 | agency. | |
1828 | 4246 | (b) Each member of the council who is a state employee but who is | |
1829 | 4247 | not a member of the general assembly is entitled to reimbursement for | |
1830 | 4248 | travel expenses as provided under IC 4-13-1-4 and other expenses | |
1831 | 4249 | actually incurred in connection with the member's duties as provided | |
1832 | 4250 | in the state policies and procedures established by the Indiana | |
1833 | 4251 | department of administration and approved by the budget agency. | |
1834 | 4252 | (c) Each member of the council who is a member of the general | |
1835 | 4253 | assembly is entitled to receive the same per diem, mileage, and travel | |
1836 | 4254 | allowances paid to legislative members of interim study committees | |
1837 | 4255 | established by the legislative council. Per diem, mileage, and travel | |
1838 | 4256 | allowances paid under this subsection shall be paid from appropriations | |
1839 | 4257 | made to the legislative council or the legislative services agency. | |
1840 | 4258 | (d) Expenses paid under subsections (a) and (b) shall be paid | |
1841 | - | from appropriations made to the department of homeland security. | |
1842 | - | HEA 1026 — Concur 44 | |
1843 | - | SECTION 74. IC 10-19-8.1-11, AS ADDED BY P.L.249-2019, | |
1844 | - | SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
1845 | - | UPON PASSAGE]: Sec. 11. (a) All state agencies shall cooperate to | |
1846 | - | the fullest extent possible with the council and the executive director | |
1847 | - | to implement this chapter. | |
1848 | - | (b) The department of homeland security shall provide staff | |
1849 | - | support to the council. | |
1850 | - | SECTION 75. IC 12-7-2-34, AS AMENDED BY P.L.162-2023, | |
1851 | - | SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
1852 | - | UPON PASSAGE]: Sec. 34. "Commission" means the following: | |
1853 | - | (1) For purposes of IC 12-10-2, the meaning set forth in | |
1854 | - | IC 12-10-2-1. | |
1855 | - | (2) For purposes of IC 12-12-2, the meaning set forth in | |
1856 | - | IC 12-12-2-1. | |
1857 | - | (3) For purposes of IC 12-13-14, the meaning set forth in | |
1858 | - | IC 12-13-14-1. | |
1859 | - | (4) For purposes of IC 12-15-30.5, the meaning set forth in | |
1860 | - | IC 12-15-30.5-2. | |
1861 | - | (5) For purposes of IC 12-15-33, the meaning set forth in | |
1862 | - | IC 12-15-33-1. | |
1863 | - | (5) (6) For purposes of IC 12-21-7.1, the meaning set forth in | |
1864 | - | IC 12-21-7.1-1. | |
1865 | - | (6) (7) For purposes of IC 12-28-1, the meaning set forth in | |
1866 | - | IC 12-28-1-3. | |
1867 | - | SECTION 76. IC 12-7-2-35 IS REPEALED [EFFECTIVE UPON | |
1868 | - | PASSAGE]. Sec. 35. "Committee", for purposes of IC 12-15-33, has | |
1869 | - | the meaning set forth in IC 12-15-33-1. | |
1870 | - | SECTION 77. IC 12-8-6.5-14.1 IS ADDED TO THE INDIANA | |
4259 | + | from appropriations made to the department of homeland | |
4260 | + | security.". | |
4261 | + | Page 37, delete lines 36 through 42. | |
4262 | + | Delete page 38. | |
4263 | + | Page 39, delete lines 1 through 20, begin a new paragraph and | |
4264 | + | insert: | |
4265 | + | "SECTION 79. IC 12-8-6.5-14.1 IS ADDED TO THE INDIANA | |
1871 | 4266 | CODE AS A NEW SECTION TO READ AS FOLLOWS | |
1872 | 4267 | [EFFECTIVE UPON PASSAGE]: Sec. 14.1. (a) As used in this | |
1873 | 4268 | section, "board" refers to the doula reimbursement advisory board | |
1874 | 4269 | established by section 14 of this chapter. | |
1875 | 4270 | (b) The family and social services administration shall provide | |
1876 | 4271 | staff support to the board. | |
1877 | 4272 | (c) The members of the board shall annually elect a chair and | |
1878 | 4273 | vice chair from the membership of the board. Before August 1, | |
1879 | 4274 | 2024, the office of the secretary shall schedule a meeting of the | |
1880 | 4275 | board to elect the chair and vice chair. Thereafter, the board shall | |
1881 | 4276 | meet at the call of the chair. The chair elected under this subsection | |
1882 | 4277 | shall serve until a successor is elected in the following calendar | |
1883 | 4278 | year. | |
1884 | - | SECTION 78. IC 12-8-6.5-14.3 IS ADDED TO THE INDIANA | |
1885 | - | HEA 1026 — Concur 45 | |
4279 | + | SECTION 80. IC 12-8-6.5-14.3 IS ADDED TO THE INDIANA | |
1886 | 4280 | CODE AS A NEW SECTION TO READ AS FOLLOWS | |
1887 | 4281 | [EFFECTIVE UPON PASSAGE]: Sec. 14.3. (a) As used in this | |
1888 | 4282 | section, "board" refers to the doula reimbursement advisory board | |
4283 | + | EH 1026—LS 6162/DI 92 100 | |
1889 | 4284 | established by section 14 of this chapter. | |
1890 | 4285 | (b) A member of the general assembly appointed to the board | |
1891 | 4286 | serves a two (2) year term that expires June 30 of an | |
1892 | 4287 | odd-numbered year. | |
1893 | 4288 | (c) The terms of the lay members of the board expire as follows: | |
1894 | 4289 | (1) For a member appointed under subsection (c)(2)(B), | |
1895 | 4290 | (c)(2)(C), (c)(2)(D), or (c)(2)(E), June 30 of each | |
1896 | 4291 | odd-numbered year. | |
1897 | 4292 | (2) For a member appointed under subsection (c)(2)(A), | |
1898 | 4293 | (c)(2)(F), (c)(2)(G), (c)(2)(H), or (c)(2)(I), June 30, 2027, and | |
1899 | 4294 | every fourth year thereafter. | |
1900 | 4295 | (d) A member of the board serves at the pleasure of the | |
1901 | 4296 | appointing authority and may be reappointed to successive terms. | |
1902 | 4297 | (e) A vacancy on the board shall be filled by the appropriate | |
1903 | 4298 | appointing authority. An individual appointed to fill a vacancy | |
1904 | - | serves for the unexpired term of the individual's predecessor. | |
1905 | - | SECTION 79. IC 12-8-6.5-15 IS ADDED TO THE INDIANA | |
1906 | - | CODE AS A NEW SECTION TO READ AS FOLLOWS | |
1907 | - | [EFFECTIVE UPON PASSAGE]: Sec. 15. (a) As used in this section, | |
1908 | - | "board" refers to the doula reimbursement advisory board | |
1909 | - | established by section 14 of this chapter. | |
1910 | - | (b) Each member of the board who is not a state employee is | |
1911 | - | entitled to reimbursement for mileage, traveling expenses as | |
1912 | - | provided under IC 4-13-1-4, and other expenses actually incurred | |
1913 | - | in connection with the member's duties as provided in the state | |
1914 | - | policies and procedures established by the Indiana department of | |
1915 | - | administration and approved by the budget agency. | |
1916 | - | (c) Each member of the board who is a state employee is entitled | |
1917 | - | to reimbursement for traveling expenses as provided under | |
1918 | - | IC 4-13-1-4 and other expenses actually incurred in connection | |
1919 | - | with the member's duties as provided in the state policies and | |
1920 | - | procedures established by the Indiana department of | |
1921 | - | administration and approved by the budget agency. | |
1922 | - | (d) Each member of the board who is a member of the general | |
1923 | - | assembly is entitled to receive the same per diem, mileage, and | |
1924 | - | travel allowances paid to legislative members of interim study | |
1925 | - | committees established by the legislative council. Per diem, | |
1926 | - | mileage, and travel allowances paid under this subsection shall be | |
1927 | - | paid from appropriations made to the legislative council or the | |
1928 | - | HEA 1026 — Concur 46 | |
1929 | - | legislative services agency. | |
1930 | - | (e) Expenses paid under subsections (b) and (c) shall be paid | |
1931 | - | from appropriations made to the family and social services | |
1932 | - | administration. | |
1933 | - | SECTION 80. IC 12-10-11-2, AS AMENDED BY P.L.32-2021, | |
1934 | - | SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
1935 | - | UPON PASSAGE]: Sec. 2. (a) The board consists of the following | |
1936 | - | fifteen (15) members: | |
1937 | - | (1) The director of the division of aging or the director's designee. | |
1938 | - | (2) The chairman of the Indiana state commission on aging or the | |
1939 | - | chairman's designee. | |
1940 | - | (3) Three (3) citizens nominated by two (2) or more organizations | |
1941 | - | that: | |
1942 | - | (A) represent senior citizens; and | |
1943 | - | (B) have statewide membership. | |
1944 | - | (4) One (1) citizen nominated by one (1) or more organizations | |
1945 | - | that: | |
1946 | - | (A) represent individuals with disabilities, including | |
1947 | - | individuals who are less than eighteen (18) years of age; and | |
1948 | - | (B) have statewide membership. | |
1949 | - | (5) One (1) citizen nominated by one (1) or more organizations | |
1950 | - | that: | |
1951 | - | (A) represent individuals with mental illness, including | |
1952 | - | dementia; and | |
1953 | - | (B) have statewide membership. | |
1954 | - | (6) One (1) provider who provides services under IC 12-10-10. | |
1955 | - | (7) One (1) licensed physician, physician assistant, or registered | |
1956 | - | nurse who specializes either in the field of gerontology or in the | |
1957 | - | field of disabilities. | |
1958 | - | (8) Two (2) home care services advocates or policy specialists | |
1959 | - | nominated by two (2) or more: | |
1960 | - | (A) organizations; | |
1961 | - | (B) associations; or | |
1962 | - | (C) nongovernmental agencies; | |
1963 | - | that advocate on behalf of home care consumers, including an | |
1964 | - | organization listed in subdivision (3) that represents senior | |
1965 | - | citizens or persons with disabilities. | |
1966 | - | (9) Two (2) members of the senate, who may not be members of | |
1967 | - | the same political party, appointed by the president pro tempore | |
1968 | - | of the senate with the advice of the minority leader of the senate. | |
1969 | - | (10) Two (2) members of the house of representatives, who may | |
1970 | - | not be members of the same political party, appointed by the | |
1971 | - | HEA 1026 — Concur 47 | |
1972 | - | speaker of the house of representatives with the advice of the | |
1973 | - | minority leader of the house of representatives. | |
1974 | - | The members of the board listed in subdivisions (9) and (10) are | |
1975 | - | nonvoting members who serve two (2) year terms ending June 30 of | |
1976 | - | each odd-numbered year. A legislative member serves at the | |
1977 | - | pleasure of the appointing authority and may be reappointed to | |
1978 | - | successive terms. A vacancy among the legislative members shall | |
1979 | - | be filled by the appropriate appointing authority. An individual | |
1980 | - | appointed to fill a vacancy serves for the unexpired term of the | |
1981 | - | individual's predecessor. | |
1982 | - | (b) The members of the board designated by subsection (a)(3) | |
1983 | - | through (a)(8) shall be appointed by the governor for terms of four (4) | |
1984 | - | years. The term of a member of the board expires July 1. as follows: | |
1985 | - | (1) For a member appointed under subsection (a)(3) through | |
1986 | - | (a)(5), June 30, 2025, and every fourth year thereafter. | |
1987 | - | (2) For a member appointed under subsection (a)(6) through | |
1988 | - | (a)(8), June 30, 2027, and every fourth year thereafter. | |
1989 | - | A member described in this subsection may be reappointed to | |
1990 | - | successive terms. However, a member may continue to serve until a | |
1991 | - | successor is appointed. In case of a vacancy, the governor shall appoint | |
1992 | - | an individual to serve for the remainder of the unexpired term. | |
1993 | - | (c) The division shall establish notice and selection procedures to | |
1994 | - | notify the public of the board's nomination process described in this | |
1995 | - | chapter. Information must be distributed through: | |
1996 | - | (1) the area agencies on aging; and | |
1997 | - | (2) all organizations, associations, and nongovernmental agencies | |
1998 | - | that work with the division on home care issues and programs. | |
1999 | - | SECTION 81. IC 12-10-11-3 IS AMENDED TO READ AS | |
2000 | - | FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. (a) Each member | |
2001 | - | of the board who is not a state employee is entitled to the minimum | |
2002 | - | salary per diem provided by IC 4-10-11-2.1(b). Such a member is also | |
2003 | - | entitled to reimbursement for mileage, traveling expenses and other | |
2004 | - | expenses actually incurred in connection with the member's duties, as | |
2005 | - | provided in the state travel policies and procedures established by the | |
2006 | - | Indiana department of administration and approved by the budget | |
2007 | - | agency. | |
2008 | - | (b) Each member of the board who is a state employee is entitled to | |
2009 | - | reimbursement for traveling expenses and other expenses actually | |
2010 | - | incurred in connection with the member's duties, as provided in the | |
2011 | - | state travel policies and procedures established by the Indiana | |
2012 | - | department of administration and approved by the budget agency. | |
2013 | - | (c) Each member of the board who is a member of the general | |
2014 | - | HEA 1026 — Concur 48 | |
2015 | - | assembly is entitled to receive the same per diem, mileage, and | |
2016 | - | travel allowances paid to members of the general assembly serving | |
2017 | - | on interim study committees established by the legislative council. | |
2018 | - | Per diem, mileage, and travel allowances paid under this | |
2019 | - | subsection shall be paid from appropriations made to the | |
2020 | - | legislative council or the legislative services agency. | |
2021 | - | (d) Expenses paid under subsections (a) and (b) shall be paid | |
2022 | - | from appropriations made to the family and social services | |
2023 | - | administration. | |
2024 | - | SECTION 82. IC 12-10-11-4 IS AMENDED TO READ AS | |
2025 | - | FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. The board shall | |
2026 | - | meet at the call of the chairperson at least six (6) times a year. | |
2027 | - | SECTION 83. IC 12-10-11-5 IS AMENDED TO READ AS | |
2028 | - | FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5. Each year the | |
2029 | - | board shall elect from its membership a chairman chairperson and | |
2030 | - | vice chairman. chairperson. The chairperson elected under this | |
2031 | - | section shall serve until a successor is elected in the following | |
2032 | - | calendar year. | |
2033 | - | SECTION 84. IC 12-10-11-7 IS AMENDED TO READ AS | |
2034 | - | FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7. The division of | |
2035 | - | aging shall provide staff services for the board. | |
2036 | - | SECTION 85. IC 12-15-33-1 IS AMENDED TO READ AS | |
2037 | - | FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. As used in this | |
2038 | - | chapter, "committee" "commission" refers to the Medicaid advisory | |
2039 | - | committee commission created by this chapter. | |
2040 | - | SECTION 86. IC 12-15-33-2 IS AMENDED TO READ AS | |
2041 | - | FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. The Medicaid | |
2042 | - | advisory committee commission is created to act in an advisory | |
2043 | - | capacity to the following: | |
2044 | - | (1) The office in the administration of the Medicaid program. | |
2045 | - | (2) The children's health policy board established by IC 4-23-27-2 | |
2046 | - | in the board's responsibility to direct policy coordination of | |
2047 | - | children's health programs. | |
2048 | - | SECTION 87. IC 12-15-33-3, AS AMENDED BY P.L.140-2019, | |
2049 | - | SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
2050 | - | UPON PASSAGE]: Sec. 3. (a) The committee commission shall be | |
2051 | - | appointed as follows: | |
2052 | - | (1) One (1) member shall be appointed by the administrator of the | |
2053 | - | office to represent each of the following organizations: | |
2054 | - | (A) Indiana Council of Community Mental Health Centers. | |
2055 | - | (B) Indiana State Medical Association. | |
2056 | - | (C) Indiana State Chapter of the American Academy of | |
2057 | - | HEA 1026 — Concur 49 | |
2058 | - | Pediatrics. | |
2059 | - | (D) Indiana Hospital Association. | |
2060 | - | (E) Indiana Dental Association. | |
2061 | - | (F) Indiana State Psychiatric Association. | |
2062 | - | (G) Indiana State Osteopathic Association. | |
2063 | - | (H) Indiana State Nurses Association. | |
2064 | - | (I) Indiana State Licensed Practical Nurses Association. | |
2065 | - | (J) Indiana State Podiatry Association. | |
2066 | - | (K) Indiana Health Care Association. | |
2067 | - | (L) Indiana Optometric Association. | |
2068 | - | (M) Indiana Pharmaceutical Association. | |
2069 | - | (N) Indiana Psychological Association. | |
2070 | - | (O) Indiana State Chiropractic Association. | |
2071 | - | (P) Indiana Ambulance Association. | |
2072 | - | (Q) Indiana Association for Home Care. | |
2073 | - | (R) Indiana Academy of Ophthalmology. | |
2074 | - | (S) Indiana Speech and Hearing Association. | |
2075 | - | (T) Indiana Academy of Physician Assistants. | |
2076 | - | (U) Indiana Association of Rehabilitation Facilities. | |
2077 | - | (V) Indiana Association of Health Plans. | |
2078 | - | (W) Indiana Primary Health Care Association. | |
2079 | - | (2) Ten (10) members shall be appointed by the governor as | |
2080 | - | follows: | |
2081 | - | (A) One (1) member who represents agricultural interests. | |
2082 | - | (B) One (1) member who represents business and industrial | |
2083 | - | interests. | |
2084 | - | (C) One (1) member who represents labor interests. | |
2085 | - | (D) One (1) member who represents insurance interests. | |
2086 | - | (E) One (1) member who represents a statewide taxpayer | |
2087 | - | association. | |
2088 | - | (F) Two (2) members who are parent advocates. | |
2089 | - | (G) Three (3) members who represent Indiana citizens. | |
2090 | - | (3) Six (6) members shall be appointed by the president pro | |
2091 | - | tempore of the senate acting in the capacity as president pro | |
2092 | - | tempore of the senate to represent the senate. Three (3) of the | |
2093 | - | members appointed under this subdivision shall serve on the | |
2094 | - | standing fiscal subcommittee created under section 8(b) of this | |
2095 | - | chapter. | |
2096 | - | (4) Six (6) members shall be appointed by the speaker of the | |
2097 | - | house of representatives to represent the house of representatives. | |
2098 | - | Three (3) of the members appointed under this subdivision shall | |
2099 | - | serve on the standing fiscal subcommittee created under section | |
2100 | - | HEA 1026 — Concur 50 | |
2101 | - | 8(b) of this chapter. | |
2102 | - | (b) Notwithstanding subsection (a)(3), after consultation with the | |
2103 | - | minority leader of the senate, the president pro tempore of the senate | |
2104 | - | shall appoint three (3) of the members from the minority party of the | |
2105 | - | senate. | |
2106 | - | (c) Notwithstanding subsection (a)(4), after consultation with the | |
2107 | - | minority leader of the house of representatives, the speaker of the | |
2108 | - | house shall appoint three (3) of the members from the minority party | |
2109 | - | of the house. | |
2110 | - | (3) Three (3) members of the senate appointed by the | |
4299 | + | serves for the unexpired term of the individual's predecessor.". | |
4300 | + | Page 39, line 27, delete "the minimum salary per diem provided by". | |
4301 | + | Page 39, line 28, delete "IC 4-10-11-2.1(b). The member is also | |
4302 | + | entitled to". | |
4303 | + | Page 39, line 34, delete "but who". | |
4304 | + | Page 39, line 35, delete "is not a member of the general assembly". | |
4305 | + | Page 41, line 9, delete "The president pro tempore of the senate" and | |
4306 | + | insert "A legislative member serves at the pleasure of the | |
4307 | + | appointing authority and may be reappointed to successive terms. | |
4308 | + | A vacancy among the legislative members shall be filled by the | |
4309 | + | appropriate appointing authority. An individual appointed to fill | |
4310 | + | a vacancy serves for the unexpired term of the individual's | |
4311 | + | predecessor.". | |
4312 | + | Page 41, delete lines 10 through 12. | |
4313 | + | Page 42, line 25, delete "[EFFECTIVE JANUARY 1, 2024 | |
4314 | + | (RETROACTIVE)]:" and insert "[EFFECTIVE UPON PASSAGE]:". | |
4315 | + | Page 42, line 29, delete "[EFFECTIVE JANUARY 1, 2024 | |
4316 | + | (RETROACTIVE)]:" and insert "[EFFECTIVE UPON PASSAGE]:". | |
4317 | + | Page 42, line 38, delete "JANUARY 1, 2024 (RETROACTIVE)]:" | |
4318 | + | and insert "UPON PASSAGE]:". | |
4319 | + | Page 43, strike lines 35 through 42. | |
4320 | + | Page 44, strike lines 1 through 11, begin a new line block indented | |
4321 | + | and insert: | |
4322 | + | "(3) Three (3) members of the senate appointed by the | |
2111 | 4323 | president pro tempore of the senate. | |
2112 | 4324 | (4) Three (3) members of the senate appointed by the | |
2113 | 4325 | president pro tempore of the senate after consultation with | |
4326 | + | EH 1026—LS 6162/DI 92 101 | |
2114 | 4327 | the minority leader of the senate. | |
2115 | 4328 | (5) Three (3) members of the house of representatives | |
2116 | 4329 | appointed by the speaker of the house. | |
2117 | 4330 | (6) Three (3) members of the house of representatives | |
2118 | 4331 | appointed by the speaker of the house after consultation with | |
2119 | 4332 | the minority leader of the house. | |
2120 | 4333 | (b) The president pro tempore of the senate shall appoint three | |
2121 | 4334 | (3) of the commission members appointed under subsection (a)(3) | |
2122 | 4335 | and (a)(4) to the standing fiscal subcommittee created under | |
2123 | 4336 | section 8(b) of this chapter. | |
2124 | 4337 | (c) The speaker of the house shall appoint three (3) of the | |
2125 | 4338 | commission members appointed under subsection (a)(5) and (a)(6) | |
2126 | 4339 | to the standing fiscal subcommittee created under section 8(b) of | |
2127 | - | this chapter. | |
2128 | - | SECTION 88. IC 12-15-33-4 IS AMENDED TO READ AS | |
2129 | - | FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. (a) Subject to | |
2130 | - | subsection (b), an appointment to the committee commission | |
2131 | - | terminates July 1 of the year in which the appointment expires, expires | |
2132 | - | in accordance with section 5 of this chapter, but a member serves | |
2133 | - | until the member's successor is designated. | |
2134 | - | (b) A member of the commission serves at the pleasure of the | |
2135 | - | appointing authority who appointed the member to the | |
2136 | - | commission. | |
2137 | - | (c) A member of the commission may be reappointed to | |
2138 | - | successive terms. | |
2139 | - | (d) A vacancy on the commission shall be filled by the | |
2140 | - | appropriate appointing authority. An individual appointed to fill | |
2141 | - | a vacancy serves for the unexpired term of the individual's | |
2142 | - | predecessor. | |
2143 | - | HEA 1026 — Concur 51 | |
2144 | - | SECTION 89. IC 12-15-33-5 IS AMENDED TO READ AS | |
2145 | - | FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5. (a) This | |
2146 | - | subsection does not apply to a member of the general assembly | |
2147 | - | appointed to the commission under section 3 of this chapter. An | |
2148 | - | appointment to the committee commission is for a four (4) year term | |
2149 | - | except the representatives of the senate and house of representatives, | |
2150 | - | whose terms coincide with the representative's or senator's respective | |
2151 | - | legislative terms. that expires as follows: | |
2152 | - | (1) For a member appointed under section 3(a)(1)(A) through | |
2153 | - | 3(a)(1)(Q) of this chapter, December 31, 2025, and every | |
2154 | - | fourth year thereafter. | |
2155 | - | (2) For a member appointed under section 3(a)(1)(R) through | |
2156 | - | 3(a)(1)(W) of this chapter or under section 3(a)(2) of this | |
2157 | - | chapter, December 31, 2027, and every fourth year thereafter. | |
2158 | - | (b) This subsection applies only to a member of the general | |
2159 | - | assembly appointed to the commission under section 3 of this | |
2160 | - | chapter. The member serves a term of two (2) years that expires | |
2161 | - | June 30 of each odd-numbered year. | |
2162 | - | SECTION 90. IC 12-15-33-6 IS AMENDED TO READ AS | |
2163 | - | FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 6. The following | |
2164 | - | shall serve as ex officio members of the committee: commission: | |
2165 | - | (1) The state health commissioner or the commissioner's | |
2166 | - | designee. | |
2167 | - | (2) The director of the division of mental health and addiction or | |
2168 | - | the director's designee. | |
2169 | - | (3) The administrator of the office. | |
2170 | - | SECTION 91. IC 12-15-33-7 IS AMENDED TO READ AS | |
2171 | - | FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7. The office shall | |
2172 | - | provide staff support to the commission. The administrator of the | |
2173 | - | office shall serve as secretary of the committee. commission. | |
2174 | - | SECTION 92. IC 12-15-33-8, AS AMENDED BY P.L.140-2019, | |
2175 | - | SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
2176 | - | UPON PASSAGE]: Sec. 8. (a) A subcommittee may be created as the | |
2177 | - | committee commission considers necessary. | |
2178 | - | (b) The committee commission shall create a standing fiscal | |
2179 | - | subcommittee. | |
2180 | - | (c) The chairman of each subcommittee must be a member of the | |
2181 | - | committee. commission. | |
2182 | - | (d) Subcommittees may convene as often as needed. | |
2183 | - | SECTION 93. IC 12-15-33-9 IS AMENDED TO READ AS | |
2184 | - | FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 9. The committee | |
2185 | - | commission shall do the following: | |
2186 | - | HEA 1026 — Concur 52 | |
2187 | - | (1) Meet at least four (4) times each year, one (1) time in each | |
2188 | - | calendar quarter. | |
2189 | - | (2) Hold special meetings that the committee commission or the | |
2190 | - | secretary requests. | |
2191 | - | SECTION 94. IC 12-15-33-10 IS REPEALED [EFFECTIVE UPON | |
2192 | - | PASSAGE]. Sec. 10. (a) Appointed members of the committee other | |
2193 | - | than members of the general assembly are entitled to receive travel | |
2194 | - | allowance to and from regular or special meetings in accordance with | |
2195 | - | the amounts set by and the provisions of the budget committee for state | |
2196 | - | employees. | |
4340 | + | this chapter.". | |
4341 | + | Page 44, line 13, delete "[EFFECTIVE JANUARY 1, 2024 | |
4342 | + | (RETROACTIVE)]:" and insert "[EFFECTIVE UPON PASSAGE]:". | |
4343 | + | Page 44, line 28, delete "[EFFECTIVE JANUARY 1, 2024 | |
4344 | + | (RETROACTIVE)]:" and insert "[EFFECTIVE UPON PASSAGE]:". | |
4345 | + | Page 44, line 36, delete "2023," and insert "2025,". | |
4346 | + | Page 44, line 40, delete "2025," and insert "2027,". | |
4347 | + | Page 45, line 4, delete "[EFFECTIVE JANUARY 1, 2024 | |
4348 | + | (RETROACTIVE)]:" and insert "[EFFECTIVE UPON PASSAGE]:". | |
4349 | + | Page 45, line 11, after "office" insert ".". | |
4350 | + | Page 45, line 11, delete "of Medicaid policy and". | |
4351 | + | Page 45, delete line 12. | |
4352 | + | Page 45, line 14, delete "[EFFECTIVE JANUARY 1, 2024 | |
4353 | + | (RETROACTIVE)]:" and insert "[EFFECTIVE UPON PASSAGE]:". | |
4354 | + | Page 45, line 15, delete "of Medicaid policy and planning". | |
4355 | + | Page 45, line 16, after "office" delete "of". | |
4356 | + | Page 45, line 17, delete "Medicaid policy and planning". | |
4357 | + | Page 45, line 21, delete "JANUARY 1, 2024 (RETROACTIVE)]:" | |
4358 | + | and insert "UPON PASSAGE]:". | |
4359 | + | Page 45, line 29, delete "[EFFECTIVE JANUARY 1, 2024 | |
4360 | + | (RETROACTIVE)]:" and insert "[EFFECTIVE UPON PASSAGE]:". | |
4361 | + | Page 45, delete lines 35 through 42. | |
4362 | + | Page 46, delete lines 1 through 9, begin a new paragraph and insert: | |
4363 | + | "SECTION 90. IC 12-15-33-10 IS REPEALED [EFFECTIVE | |
4364 | + | UPON PASSAGE]. Sec. 10. (a) Appointed members of the committee | |
4365 | + | other than members of the general assembly are entitled to receive | |
4366 | + | travel allowance to and from regular or special meetings in accordance | |
4367 | + | with the amounts set by and the provisions of the budget committee for | |
4368 | + | state employees. | |
4369 | + | EH 1026—LS 6162/DI 92 102 | |
2197 | 4370 | (b) Each member of the committee who is a member of the general | |
2198 | 4371 | assembly is entitled to receive the same per diem, mileage, and travel | |
2199 | 4372 | allowances paid to legislative members of interim study committees | |
2200 | 4373 | established by the legislative council. Per diem, mileage, and travel | |
2201 | 4374 | allowances paid under this subsection shall be paid from appropriations | |
2202 | 4375 | made to the legislative council or the legislative services agency. | |
2203 | - | SECTION | |
4376 | + | SECTION 91. IC 12-15-33-11 IS ADDED TO THE INDIANA | |
2204 | 4377 | CODE AS A NEW SECTION TO READ AS FOLLOWS | |
2205 | 4378 | [EFFECTIVE UPON PASSAGE]: Sec. 11. (a) Each member of the | |
2206 | 4379 | commission who is not a state employee is entitled to the minimum | |
2207 | 4380 | salary per diem provided by IC 4-10-11-2.1(b). The member is also | |
2208 | 4381 | entitled to reimbursement for mileage, traveling expenses as | |
2209 | 4382 | provided under IC 4-13-1-4, and other expenses actually incurred | |
2210 | 4383 | in connection with the member's duties as provided in the state | |
2211 | 4384 | policies and procedures established by the Indiana department of | |
2212 | 4385 | administration and approved by the budget agency. | |
2213 | 4386 | (b) Each member of the commission who is a state employee is | |
2214 | 4387 | entitled to reimbursement for traveling expenses as provided under | |
2215 | 4388 | IC 4-13-1-4 and other expenses actually incurred in connection | |
2216 | 4389 | with the member's duties as provided in the state policies and | |
2217 | 4390 | procedures established by the Indiana department of | |
2218 | 4391 | administration and approved by the budget agency. | |
2219 | 4392 | (c) Each member of the commission who is a member of the | |
2220 | 4393 | general assembly is entitled to receive the same per diem, mileage, | |
2221 | 4394 | and travel allowances paid to legislative members of interim study | |
2222 | 4395 | committees established by the legislative council. Per diem, | |
2223 | 4396 | mileage, and travel allowances paid under this subsection shall be | |
2224 | 4397 | paid from appropriations made to the legislative council or the | |
2225 | 4398 | legislative services agency. | |
2226 | 4399 | (d) Expenses paid under subsections (a) and (b) shall be paid | |
2227 | 4400 | from appropriations made to the family and social services | |
2228 | - | administration. | |
2229 | - | HEA 1026 — Concur 53 | |
2230 | - | SECTION 96. IC 12-15-47.3 IS REPEALED [EFFECTIVE UPON | |
2231 | - | PASSAGE]. (Medicaid Oversight Committee). | |
2232 | - | SECTION 97. IC 13-13-7.1-2, AS ADDED BY P.L.53-2014, | |
2233 | - | SECTION 119, IS AMENDED TO READ AS FOLLOWS | |
2234 | - | [EFFECTIVE UPON PASSAGE]: Sec. 2. The panel consists of the | |
2235 | - | following members: | |
2236 | - | (1) Two (2) members appointed by the president pro tempore of | |
2237 | - | the senate who are members of the senate and who are owners of, | |
2238 | - | or who have an interest in, a small business stationary source. Not | |
2239 | - | more than one (1) of the members appointed under this | |
2240 | - | subdivision may be members of the same political party. | |
2241 | - | (2) Two (2) members appointed by the speaker of the house of | |
2242 | - | representatives who are members of the house of representatives | |
2243 | - | and who are owners of, or who have an interest in, a small | |
2244 | - | business stationary source. Not more than one (1) of the members | |
2245 | - | appointed under this subdivision may be affiliated with the same | |
2246 | - | political party. | |
2247 | - | (3) Two (2) members appointed by the governor to represent the | |
2248 | - | public who are not members of the general assembly, owners of | |
2249 | - | a small business stationary source, or representatives of owners | |
2250 | - | of small business stationary sources. Not more than one (1) | |
2251 | - | member appointed under this subdivision may be a solid waste | |
2252 | - | management district director and not more than one (1) member | |
2253 | - | appointed under this subdivision may be affiliated with the same | |
2254 | - | political party. | |
2255 | - | (4) The commissioner of the department of environmental | |
2256 | - | management or the commissioner's designee. | |
2257 | - | SECTION 98. IC 13-13-7.1-3, AS AMENDED BY P.L.85-2017, | |
2258 | - | SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
2259 | - | UPON PASSAGE]: Sec. 3. (a) The term of a member appointed to the | |
2260 | - | panel under section 2(1) or 2(2) of this chapter is two (2) years and | |
2261 | - | expires June 30 of each odd-numbered year. | |
2262 | - | (b) The term of a member appointed to the panel under section | |
2263 | - | 2(3) of this chapter is four (4) years. The term expires June 30, | |
2264 | - | 2025, and each fourth year thereafter. | |
2265 | - | (c) Members of the panel may be reappointed to successive | |
2266 | - | terms. However, an appointing authority may replace a member at any | |
2267 | - | time during the member's term. | |
2268 | - | SECTION 99. IC 13-13-7.1-6, AS ADDED BY P.L.53-2014, | |
2269 | - | SECTION 119, IS AMENDED TO READ AS FOLLOWS | |
2270 | - | [EFFECTIVE UPON PASSAGE]: Sec. 6. The chairman chairperson | |
2271 | - | of the legislative council shall appoint the chair of the panel from the | |
2272 | - | HEA 1026 — Concur 54 | |
2273 | - | members appointed under section 2(1) or 2(2) of this chapter. The chair | |
2274 | - | of the panel serves at the pleasure of the chairman chairperson of the | |
2275 | - | legislative council. The panel shall meet at the call of the | |
2276 | - | chairperson. | |
2277 | - | SECTION 100. IC 13-13-7.1-7, AS ADDED BY P.L.53-2014, | |
2278 | - | SECTION 119, IS AMENDED TO READ AS FOLLOWS | |
2279 | - | [EFFECTIVE UPON PASSAGE]: Sec. 7. Each member of the panel | |
2280 | - | who is not a state employee is entitled to the minimum salary per diem | |
2281 | - | provided by IC 4-10-11-2.1(b). The member also is entitled to | |
2282 | - | reimbursement for mileage, traveling expenses as provided under | |
2283 | - | IC 4-13-1-4, and other expenses actually incurred in connection with | |
2284 | - | the member's duties as provided in the state policies and procedures | |
2285 | - | established by the Indiana department of administration and approved | |
2286 | - | by the budget agency. | |
2287 | - | SECTION 101. IC 13-13-7.1-8, AS ADDED BY P.L.53-2014, | |
4401 | + | administration.". | |
4402 | + | Page 47, between lines 23 and 24, begin a new paragraph and insert: | |
4403 | + | "SECTION 103. IC 13-13-7.1-8, AS ADDED BY P.L.53-2014, | |
2288 | 4404 | SECTION 119, IS AMENDED TO READ AS FOLLOWS | |
2289 | 4405 | [EFFECTIVE UPON PASSAGE]: Sec. 8. Each member of the panel | |
2290 | 4406 | who is a state employee but who is not a member of the general | |
2291 | 4407 | assembly is entitled to reimbursement for traveling expenses as | |
2292 | 4408 | provided under IC 4-13-1-4 and other expenses actually incurred in | |
2293 | 4409 | connection with the member's duties as provided in the state policies | |
2294 | 4410 | and procedures established by the Indiana department of administration | |
2295 | - | and approved by the budget agency. | |
2296 | - | SECTION 102. IC 13-13-7.1-12, AS ADDED BY P.L.53-2014, | |
2297 | - | SECTION 119, IS AMENDED TO READ AS FOLLOWS | |
2298 | - | [EFFECTIVE UPON PASSAGE]: Sec. 12. The department of | |
2299 | - | environmental management shall provide administrative and | |
2300 | - | technical support to the panel as provided in IC 13-28-3-2, including | |
2301 | - | duties related to the development and dissemination of reports and | |
2302 | - | advisory opinions. | |
2303 | - | SECTION 103. IC 13-13-7.1-13, AS ADDED BY P.L.53-2014, | |
2304 | - | SECTION 119, IS AMENDED TO READ AS FOLLOWS | |
2305 | - | [EFFECTIVE UPON PASSAGE]: Sec. 13. Except as provided in | |
2306 | - | section 9 of this chapter, the expenses of the panel shall be paid from | |
2307 | - | appropriations to the department of environmental management. | |
2308 | - | SECTION 104. IC 14-8-2-218 IS AMENDED TO READ AS | |
2309 | - | FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 218. "Project | |
2310 | - | committee", commission", for purposes of IC 14-12-2, has the | |
2311 | - | meaning set forth in IC 14-12-2-5. | |
2312 | - | SECTION 105. IC 14-12-2-5, AS AMENDED BY P.L.172-2016, | |
2313 | - | SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
2314 | - | UPON PASSAGE]: Sec. 5. As used in this chapter, "project | |
2315 | - | HEA 1026 — Concur 55 | |
2316 | - | committee" commission" refers to the President Benjamin Harrison | |
2317 | - | conservation trust project committee commission established by this | |
2318 | - | chapter. | |
2319 | - | SECTION 106. IC 14-12-2-14, AS AMENDED BY P.L.127-2022, | |
2320 | - | SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
2321 | - | UPON PASSAGE]: Sec. 14. (a) The President Benjamin Harrison | |
2322 | - | conservation trust project committee commission is established. | |
2323 | - | (b) The project committee commission consists of the following | |
2324 | - | twenty (20) members: | |
2325 | - | (1) The director of the division of fish and wildlife. | |
2326 | - | (2) The director of the division of forestry. | |
2327 | - | (3) The director of the division of nature preserves. | |
2328 | - | (4) The director of the division of state parks. | |
2329 | - | (5) The chief executive officer of the Indiana state museum and | |
2330 | - | historic sites corporation established by IC 4-37-2-1. | |
2331 | - | (6) The chairperson of the board of directors of the natural | |
2332 | - | resources foundation. | |
2333 | - | (7) Ten (10) individuals appointed by the governor. The governor | |
2334 | - | shall appoint individuals so that all the following are satisfied: | |
2335 | - | (A) The individuals must be residents of Indiana. | |
2336 | - | (B) The individuals must have a demonstrated interest or | |
2337 | - | experience in: | |
2338 | - | (i) conservation of natural resources; or | |
2339 | - | (ii) management of public property. | |
2340 | - | (C) There must be two (2) committee commission members | |
2341 | - | from each of the following regions of Indiana: | |
2342 | - | (i) Northwest. | |
2343 | - | (ii) Northeast. | |
2344 | - | (iii) Southwest. | |
2345 | - | (iv) Southeast. | |
2346 | - | (v) Central. | |
2347 | - | (8) The following four (4) nonvoting members: | |
2348 | - | (A) One (1) member of the house of representatives appointed | |
2349 | - | by the speaker of the house of representatives. | |
2350 | - | (B) One (1) member of the house of representatives appointed | |
2351 | - | by the minority leader of the house of representatives. | |
2352 | - | (C) One (1) member of the senate appointed by the president | |
2353 | - | pro tempore of the senate. | |
2354 | - | (D) One (1) member of the senate appointed by the minority | |
2355 | - | leader of the senate. | |
2356 | - | (c) The individuals appointed by the governor under subsection | |
2357 | - | (b)(7) must represent one (1) or more of the following: | |
2358 | - | HEA 1026 — Concur 56 | |
2359 | - | (1) The environmentalist community. | |
2360 | - | (2) The land trust community. | |
2361 | - | (3) Organized hunting and fishing groups. | |
2362 | - | (4) The forest products community. | |
2363 | - | (5) The parks and recreation community. | |
2364 | - | Each group and community listed in subdivisions (1) through (5) must | |
2365 | - | be represented on the project committee. commission. | |
2366 | - | SECTION 107. IC 14-12-2-15, AS AMENDED BY P.L.127-2022, | |
2367 | - | SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
2368 | - | UPON PASSAGE]: Sec. 15. (a) As used in this section, "appointing | |
2369 | - | authority" refers to: | |
2370 | - | (1) the governor in the case of a member appointed under section | |
2371 | - | 14(b)(7) of this chapter; or | |
2372 | - | (2) the speaker of the house of representatives, the minority leader | |
2373 | - | of the house of representatives, the president pro tempore of the | |
2374 | - | senate, or the minority leader of the senate in the case of a | |
2375 | - | member appointed under section 14(b)(8) of this chapter, | |
2376 | - | whichever is applicable. | |
2377 | - | (b) As used in this section, "member" refers to a member of the | |
2378 | - | project committee commission appointed under section 14(b)(7) | |
2379 | - | through 14(b)(8) of this chapter. | |
2380 | - | (c) Except as provided in subsection (e), the term of a member | |
2381 | - | begins on the later of the following: | |
2382 | - | (1) The day the term of the member who the individual is | |
2383 | - | appointed to succeed expires. | |
2384 | - | (2) The day the individual is appointed by the appointing | |
2385 | - | authority. | |
2386 | - | (d) Except as provided in subsection (e), the term of a member | |
2387 | - | expires July 1 of the second year after the member is appointed or until | |
2388 | - | a successor is appointed. However, a member serves at the pleasure of | |
2389 | - | the appointing authority. | |
2390 | - | (e) This subsection applies to a member appointed under section | |
2391 | - | 14(b)(8) of this chapter. The member's term begins on the date of the | |
2392 | - | appointment and ends on the last day of the member's term as a | |
2393 | - | member of the general assembly. However, the member serves at the | |
2394 | - | pleasure of the appointing authority. | |
2395 | - | (d) A member serves at the pleasure of the appointing authority. | |
2396 | - | The term of a member expires as follows: | |
4411 | + | and approved by the budget agency.". | |
4412 | + | EH 1026—LS 6162/DI 92 103 | |
4413 | + | Page 49, strike lines 28 through 36, begin a new paragraph and | |
4414 | + | insert: | |
4415 | + | "(d) A member serves at the pleasure of the appointing | |
4416 | + | authority. The term of a member expires as follows: | |
2397 | 4417 | (1) June 30 of an odd-numbered year for a member appointed | |
2398 | 4418 | under section 14(b)(8) of this chapter. | |
2399 | 4419 | (2) June 30, 2025, and each fourth year thereafter for a | |
2400 | 4420 | member appointed under section 14(b)(7)(C)(i), | |
2401 | - | HEA 1026 — Concur 57 | |
2402 | 4421 | 14(b)(7)(C)(iii), or 14(b)(7)(C)(v) of this chapter. | |
2403 | 4422 | (3) December 31, 2025, and each fourth year thereafter for a | |
2404 | 4423 | member appointed under section 14(b)(7)(C)(ii) or | |
2405 | - | 14(b)(7)(C)(iv) of this chapter. | |
2406 | - | (f) (e) The appointing authority may reappoint a member for a new | |
2407 | - | term. | |
2408 | - | (g) (f) The appointing authority shall appoint an individual to fill a | |
2409 | - | vacancy among the members. An individual appointed to fill a | |
4424 | + | 14(b)(7)(C)(iv) of this chapter.". | |
4425 | + | Page 49, line 37, strike "(f)" and insert "(e)". | |
4426 | + | Page 49, line 39, strike "(g)" and insert "(f)". | |
4427 | + | Page 49, line 40, after "." insert "An individual appointed to fill a | |
2410 | 4428 | vacancy serves for the unexpired term of the individual's | |
2411 | - | predecessor. | |
2412 | - | SECTION 108. IC 14-12-2-16, AS AMENDED BY P.L.172-2016, | |
2413 | - | SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
2414 | - | UPON PASSAGE]: Sec. 16. The governor shall appoint the chair and | |
2415 | - | vice chair of the project committee commission from among the | |
2416 | - | members of the committee. commission. | |
2417 | - | SECTION 109. IC 14-12-2-17 IS AMENDED TO READ AS | |
2418 | - | FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 17. (a) The project | |
2419 | - | committee commission shall meet at least quarterly and at the call of | |
2420 | - | the chairman. | |
2421 | - | (b) The project committee commission may convene a meeting at | |
2422 | - | any location in Indiana. | |
2423 | - | (c) The project committee commission shall plan and conduct | |
2424 | - | meetings in a manner that promotes broad public participation and | |
2425 | - | ensures that the views of the members of the public attending the | |
2426 | - | meetings may be fairly presented. | |
2427 | - | (d) The department of natural resources shall provide staff | |
2428 | - | support to the project commission. | |
2429 | - | SECTION 110. IC 14-12-2-18, AS AMENDED BY P.L.127-2022, | |
2430 | - | SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
2431 | - | UPON PASSAGE]: Sec. 18. (a) Eight (8) members of the project | |
2432 | - | committee commission constitute a quorum. | |
2433 | - | (b) The affirmative vote of a majority of the voting members of the | |
2434 | - | project committee commission present and voting is necessary for the | |
2435 | - | project committee commission to take any action. | |
2436 | - | (c) A member of the project committee commission described in | |
2437 | - | section 14(b)(1) through 14(b)(5) of this chapter may designate in | |
2438 | - | writing a representative from the respective division to serve as a | |
2439 | - | member of the project committee commission when the member of the | |
2440 | - | project committee commission is unable to attend a meeting. | |
2441 | - | SECTION 111. IC 14-12-2-19, AS AMENDED BY P.L.172-2016, | |
2442 | - | SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
2443 | - | UPON PASSAGE]: Sec. 19. The purpose of the project committee | |
2444 | - | HEA 1026 — Concur 58 | |
2445 | - | commission is to do the following: | |
2446 | - | (1) Provide technical review of proposed projects under this | |
2447 | - | chapter. | |
2448 | - | (2) Determine whether a proposed project under this chapter | |
2449 | - | should be approved. | |
2450 | - | (3) Develop and periodically review guidelines for the review | |
2451 | - | process. | |
2452 | - | (4) Perform other duties imposed upon the project committee | |
2453 | - | commission by this chapter. | |
2454 | - | SECTION 112. IC 14-12-2-20, AS AMENDED BY P.L.172-2016, | |
2455 | - | SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
2456 | - | UPON PASSAGE]: Sec. 20. (a) As used in this section, "member" | |
2457 | - | refers to a member of the project committee. commission. | |
2458 | - | (b) Each member who is not a state employee is entitled to the | |
2459 | - | minimum salary per diem provided by IC 4-10-11-2.1(b). The member | |
2460 | - | is also entitled to reimbursement for mileage, traveling expenses as | |
2461 | - | provided under IC 4-13-1-4, and other expenses actually incurred in | |
2462 | - | connection with the member's duties as provided in the state policies | |
2463 | - | and procedures established by the Indiana department of administration | |
2464 | - | and approved by the budget agency. | |
2465 | - | (c) Each member who is a state employee is entitled to | |
2466 | - | reimbursement for traveling expenses as provided under IC 4-13-1-4 | |
2467 | - | and other expenses actually incurred in connection with the member's | |
2468 | - | duties as provided in the state policies and procedures established by | |
2469 | - | the Indiana department of administration and approved by the budget | |
2470 | - | agency. | |
2471 | - | (d) Each member who is a member of the general assembly is | |
2472 | - | entitled to receive the same per diem, mileage, and travel allowances | |
2473 | - | paid to members of the general assembly serving on interim study | |
2474 | - | committees established by the legislative council. Per diem, mileage, | |
2475 | - | and travel allowances paid under this subsection shall be paid from | |
2476 | - | appropriations made to the legislative council or the legislative | |
2477 | - | services agency. | |
2478 | - | (e) Expenses paid under subsections (b) and (c) shall be paid | |
2479 | - | from appropriations made to the department of natural resources. | |
2480 | - | SECTION 113. IC 14-12-2-21, AS AMENDED BY P.L.172-2016, | |
2481 | - | SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
2482 | - | UPON PASSAGE]: Sec. 21. (a) The following procedure must be | |
2483 | - | followed before money from the fund may be used to acquire property | |
2484 | - | for a project under this chapter: | |
2485 | - | (1) The project committee commission must review and approve | |
2486 | - | a project requiring the acquisition of the property. | |
2487 | - | HEA 1026 — Concur 59 | |
2488 | - | (2) The project committee commission must recommend the | |
2489 | - | project to the governor for approval. | |
2490 | - | (3) The governor must approve the project as recommended by | |
2491 | - | the project committee commission and inform the director of the | |
2492 | - | department of the governor's approval. | |
2493 | - | (b) When the procedure under subsection (a) is completed, the | |
2494 | - | department shall acquire the property subject to the project according | |
2495 | - | to Indiana law. | |
2496 | - | SECTION 114. IC 14-12-2-24, AS AMENDED BY P.L.172-2016, | |
2497 | - | SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
2498 | - | UPON PASSAGE]: Sec. 24. The project committee commission shall, | |
2499 | - | with the assistance of the department, adopt and make available to the | |
2500 | - | public a strategic plan to implement the purposes of this chapter. | |
2501 | - | SECTION 115. IC 14-12-2-26, AS AMENDED BY P.L.172-2016, | |
2502 | - | SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
2503 | - | UPON PASSAGE]: Sec. 26. (a) The following accounts are established | |
2504 | - | within the fund: | |
2505 | - | (1) The state parks account. Money in this account may be used | |
2506 | - | only to purchase property for state park, historic site, or | |
2507 | - | archeological site purposes. | |
2508 | - | (2) The state forests account. Money in this account may be used | |
2509 | - | only to purchase property for state forest purposes. | |
2510 | - | (3) The nature preserves account. Money in this account may be | |
2511 | - | used only to purchase property for nature preserve purposes. | |
2512 | - | (4) The fish and wildlife account. Money in this account may be | |
2513 | - | used only to purchase property for fish or wildlife management | |
2514 | - | purposes. | |
2515 | - | (5) The outdoor recreation and trails account. Money in this | |
2516 | - | account may be used only to purchase property for outdoor | |
2517 | - | recreation purposes. | |
2518 | - | (6) The stewardship account. Money in this account may be used | |
2519 | - | only for the following purposes: | |
2520 | - | (A) Maintenance of property acquired under this chapter. | |
2521 | - | (B) Costs of removal of structures, debris, and other property | |
2522 | - | that is unsuitable for the intended use of the property to be | |
2523 | - | acquired. | |
2524 | - | (C) Costs of site preparation related to any of the following: | |
2525 | - | (i) The public use of the property, such as fences, rest | |
2526 | - | rooms, public ways, trails, and signs. | |
2527 | - | (ii) Protecting or preserving the property's natural | |
2528 | - | environment. | |
2529 | - | (iii) Returning the property to the property's natural state. | |
2530 | - | HEA 1026 — Concur 60 | |
2531 | - | (D) Not more than ten percent (10%) of the money in the | |
2532 | - | account for the promotion of the purposes of the President | |
2533 | - | Benjamin Harrison conservation trust program. | |
2534 | - | (E) To monitor conservation easements acquired under this | |
2535 | - | chapter. | |
2536 | - | (7) The discretionary account. Subject to section 31.5 of this | |
2537 | - | chapter, money in this account may be used for any purpose for | |
2538 | - | which the accounts listed in subdivisions (1) through (6) may be | |
2539 | - | used. | |
2540 | - | (b) Money in the accounts of the trust fund may be used as | |
2541 | - | described in subsection (a) and section 31.5 of this chapter for a state | |
2542 | - | or local project approved by the project committee. commission. | |
2543 | - | SECTION 116. IC 14-12-2-33, AS AMENDED BY P.L.172-2016, | |
2544 | - | SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
2545 | - | UPON PASSAGE]: Sec. 33. Before October 1 of each year, the project | |
2546 | - | committee commission shall prepare a report concerning the program | |
2547 | - | established by this chapter for the public and the general assembly. A | |
2548 | - | report prepared for the general assembly must be in an electronic | |
2549 | - | format under IC 5-14-6. | |
2550 | - | SECTION 117. IC 14-13-1-7 IS AMENDED TO READ AS | |
4429 | + | predecessor.". | |
4430 | + | Page 53, delete lines 8 through 21, begin a new paragraph and | |
4431 | + | insert: | |
4432 | + | "SECTION 119. IC 14-13-1-7 IS AMENDED TO READ AS | |
2551 | 4433 | FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7. (a) The term of | |
2552 | 4434 | a voting member appointed under section 6(4) of this chapter is four | |
2553 | 4435 | (4) years. The term expires December 31, 2025, and each fourth | |
2554 | 4436 | year thereafter. | |
2555 | 4437 | (b) However, The governor shall fill a vacancy occurring among | |
2556 | 4438 | the members described in subsection (a). If an appointee is appointed | |
2557 | 4439 | to serve an unexpired term, the appointee serves only until the end of | |
2558 | 4440 | the unexpired term. | |
2559 | - | SECTION | |
4441 | + | SECTION 120. IC 14-13-1-9, AS AMENDED BY P.L.123-2018, | |
2560 | 4442 | SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
2561 | 4443 | UPON PASSAGE]: Sec. 9. (a) In addition to the voting members of the | |
2562 | 4444 | commission, the governor shall appoint four (4) legislative members | |
2563 | 4445 | from the general assembly from recommendations made by the speaker | |
2564 | 4446 | of the house of representatives and the president pro tempore of the | |
2565 | 4447 | senate as follows: | |
2566 | 4448 | (1) Two (2) legislative members must be members of the house | |
2567 | 4449 | of representatives, but may not be members of the same political | |
2568 | 4450 | party. | |
2569 | 4451 | (2) Two (2) legislative members must be members of the senate, | |
2570 | 4452 | but may not be members of the same political party. | |
2571 | 4453 | (b) The legislative members may not: | |
2572 | 4454 | (1) vote in proceedings of the commission; and | |
2573 | - | ||
4455 | + | EH 1026—LS 6162/DI 92 104 | |
2574 | 4456 | (2) be counted for purposes of establishing a quorum. | |
2575 | 4457 | (c) The legislative members appointed under subsections | |
2576 | 4458 | subsection (a)(1) and (a)(2) must meet the following criteria: | |
2577 | 4459 | (1) At least one (1) member appointed under subsection (a)(1) | |
2578 | 4460 | must represent the legislative district that includes White River | |
2579 | 4461 | State Park. | |
2580 | 4462 | (2) At least one (1) member appointed under subsection (a)(2) | |
2581 | 4463 | must represent the legislative district that includes White River | |
2582 | 4464 | State Park. | |
2583 | 4465 | (d) The term of a legislative member is four (4) two (2) years. | |
2584 | 4466 | except for the following: Subject to the following, the term expires | |
2585 | 4467 | June 30 of an odd-numbered year: | |
2586 | 4468 | (1) A legislative member's membership on the commission is | |
2587 | 4469 | terminated when the legislative member ceases to be a member of | |
2588 | 4470 | the general assembly. | |
2589 | 4471 | (2) A legislative member appointed to serve an unexpired term | |
2590 | 4472 | may serve only until the end of that term. | |
2591 | 4473 | (e) If a vacancy occurs among the legislative members, the | |
2592 | 4474 | governor shall fill the vacancy as recommended by the speaker of | |
2593 | 4475 | the house of representatives or the president pro tempore of the | |
2594 | 4476 | senate, as appropriate. The governor shall ensure that the | |
2595 | 4477 | legislator appointed to fill the vacancy meets the criteria set forth | |
2596 | 4478 | in subsections (a) and (c). | |
2597 | - | SECTION | |
4479 | + | SECTION 121. IC 14-13-1-13 IS AMENDED TO READ AS | |
2598 | 4480 | FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 13. (a) Each voting | |
2599 | 4481 | member who is a state employee is entitled to reimbursement for | |
2600 | 4482 | traveling and other expenses as provided in the state travel policies and | |
2601 | 4483 | procedures established by the Indiana department of administration and | |
2602 | 4484 | approved by the budget agency. | |
2603 | 4485 | (b) Each voting member who is not a state employee is entitled to | |
2604 | 4486 | the minimum salary per diem as provided in IC 4-10-11-2.1(b), | |
2605 | 4487 | mileage, and reimbursement for traveling and other expenses as | |
2606 | 4488 | provided in the state travel policies and procedures established by | |
2607 | 4489 | the Indiana department of administration and approved by the | |
2608 | 4490 | budget agency. | |
2609 | 4491 | (b) (c) Each legislative member of the commission is entitled to | |
2610 | 4492 | receive the same per diem, mileage, and travel allowances paid to | |
2611 | 4493 | members of the general assembly serving on interim study committees | |
2612 | 4494 | established by the legislative council. Per diem, mileage, and travel | |
2613 | 4495 | allowances paid under this subsection shall be paid from | |
2614 | 4496 | appropriations made to the legislative council or the legislative | |
2615 | 4497 | services agency. | |
2616 | - | ||
4498 | + | EH 1026—LS 6162/DI 92 105 | |
2617 | 4499 | (d) Expenses paid under subsections (a) and (b) shall be paid | |
2618 | - | from appropriations to the commission. | |
2619 | - | SECTION 120. IC 14-20-15-4, AS AMENDED BY P.L.78-2019, | |
2620 | - | SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
2621 | - | UPON PASSAGE]: Sec. 4. (a) The commission consists of the | |
2622 | - | following members: | |
2623 | - | (1) Two (2) members of the house of representatives, to be | |
2624 | - | appointed by the speaker of the house of representatives. The | |
2625 | - | members appointed under this subdivision may not be members | |
2626 | - | of the same political party. | |
2627 | - | (2) Two (2) members of the senate, to be appointed by the | |
2628 | - | president pro tempore of the senate. The members appointed | |
2629 | - | under this subdivision may not be members of the same political | |
2630 | - | party. | |
2631 | - | (3) The governor or the governor's designee. | |
2632 | - | (4) The director of the department of natural resources or the | |
2633 | - | director's designee. | |
2634 | - | (5) One (1) employee of the office of tourism development with | |
2635 | - | expertise in the tourism or film industry, to be designated by the | |
2636 | - | director of the office of tourism development (before July 1, | |
2637 | - | 2020). After June 30, 2020, one (1) employee of the Indiana | |
2638 | - | destination development corporation with expertise in the tourism | |
2639 | - | or film industry, to be designated by the director of the | |
2640 | - | corporation. | |
2641 | - | (6) One (1) member of the Indiana historical society, to be | |
2642 | - | appointed by the governor. | |
2643 | - | (7) Three (3) Indiana citizens, to be appointed by the governor. | |
2644 | - | Not more than two (2) members appointed under this subdivision | |
2645 | - | may be members of the same political party. | |
2646 | - | (b) The term of a member of the commission appointed under | |
2647 | - | subsection (a)(6) or (a)(7) expires as follows: | |
2648 | - | (1) For a member appointed under subsection (a)(6), June 30, | |
2649 | - | 2025, and every fourth year thereafter. | |
2650 | - | (2) For one (1) of the citizens appointed under subsection | |
2651 | - | (a)(7), as determined by the governor, June 30, 2025, and | |
2652 | - | every fourth year thereafter. | |
2653 | - | (3) For two (2) of the citizens appointed under subsection | |
2654 | - | (a)(7), as determined by the governor, June 30, 2027, and | |
2655 | - | every fourth year thereafter. | |
2656 | - | (c) A member of the general assembly appointed to the | |
2657 | - | commission serves a two (2) year term that expires June 30 of an | |
2658 | - | odd-numbered year. | |
2659 | - | HEA 1026 — Concur 63 | |
2660 | - | (d) A member of the commission appointed under subsection (a) | |
2661 | - | serves at the pleasure of the member's appointing authority and | |
2662 | - | may be reappointed to successive terms. | |
2663 | - | (e) A vacancy on the commission shall be filled by the | |
2664 | - | appropriate appointing authority. An individual appointed to fill | |
2665 | - | a vacancy serves for the unexpired term of the individual's | |
2666 | - | predecessor. | |
2667 | - | SECTION 121. IC 14-20-15-6.5 IS ADDED TO THE INDIANA | |
4500 | + | from appropriations to the commission.". | |
4501 | + | Page 54, line 20, delete "described in this section" and insert "of the | |
4502 | + | commission appointed under subsection (a) serves at the pleasure | |
4503 | + | of the member's appointing authority and". | |
4504 | + | Page 54, delete lines 26 through 42. | |
4505 | + | Page 55, delete lines 1 through 11, begin a new paragraph and | |
4506 | + | insert: | |
4507 | + | "SECTION 123. IC 14-20-15-6.5 IS ADDED TO THE INDIANA | |
2668 | 4508 | CODE AS A NEW SECTION TO READ AS FOLLOWS | |
2669 | 4509 | [EFFECTIVE UPON PASSAGE]: Sec. 6.5. The commission shall | |
2670 | 4510 | ensure that it has the staff support necessary to carry out the | |
2671 | - | commission's duties under this chapter. | |
2672 | - | SECTION 122. IC 14-20-15-9, AS AMENDED BY P.L.198-2016, | |
2673 | - | SECTION 645, IS AMENDED TO READ AS FOLLOWS | |
2674 | - | [EFFECTIVE UPON PASSAGE]: Sec. 9. Except as provided in | |
2675 | - | section 10(c) of this chapter, the expenses of the commission shall be | |
2676 | - | paid from the money transferred to the commission from the Lewis and | |
2677 | - | Clark expedition fund established by IC 9-18.5-26-4. | |
2678 | - | SECTION 123. IC 14-20-15-10 IS AMENDED TO READ AS | |
2679 | - | FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 10. (a) Each | |
2680 | - | member of the commission who is not a state employee is entitled to | |
2681 | - | the minimum salary per diem provided by IC 4-10-11-2.1(b). The | |
2682 | - | member is also entitled to reimbursement for mileage, traveling | |
2683 | - | expenses as provided under IC 4-13-1-4, and other expenses actually | |
2684 | - | incurred in connection with the member's duties as provided in the state | |
2685 | - | policies and procedures established by the Indiana department of | |
2686 | - | administration and approved by the budget agency. | |
2687 | - | (b) Each member of the commission who is a state employee but | |
2688 | - | who is not a member of the general assembly is entitled to | |
2689 | - | reimbursement for traveling expenses as provided under IC 4-13-1-4 | |
2690 | - | and other expenses actually incurred in connection with the member's | |
2691 | - | duties as provided in the state policies and procedures established by | |
2692 | - | the Indiana department of administration and approved by the budget | |
2693 | - | agency. | |
2694 | - | (c) Each member of the commission who is a member of the general | |
2695 | - | assembly is entitled to receive the same per diem, mileage, and travel | |
2696 | - | allowances paid to legislative members of interim study committees | |
2697 | - | established by the legislative council. Per diem, mileage, and travel | |
2698 | - | allowances paid under this subsection shall be paid from | |
2699 | - | appropriations made to the legislative council or the legislative | |
2700 | - | services agency. | |
2701 | - | SECTION 124. IC 15-15-12-17, AS AMENDED BY P.L.98-2012, | |
2702 | - | HEA 1026 — Concur 64 | |
2703 | - | SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
2704 | - | UPON PASSAGE]: Sec. 17. (a) The Indiana corn marketing council is | |
2705 | - | established. The council is a public body corporate and politic, and | |
2706 | - | though it is separate from the state, the exercise by the council of its | |
2707 | - | powers constitutes an essential governmental function. The council | |
2708 | - | may sue and be sued and plead and be impleaded. | |
2709 | - | (b) The council consists of seventeen (17) voting and eight (8) ex | |
2710 | - | officio, nonvoting members. The elected members from districts listed | |
2711 | - | under section 21(a) of this chapter must: | |
2712 | - | (1) be registered as voters in Indiana; | |
2713 | - | (2) be at least eighteen (18) years of age; | |
2714 | - | (3) be producers; and | |
2715 | - | (4) have an assessment on corn under section 32 of this chapter | |
2716 | - | made during the previous two (2) years. | |
2717 | - | (c) Each elected member of the council must reside in the district | |
2718 | - | identified in section 21(a) of this chapter from which the member is | |
2719 | - | elected. | |
2720 | - | (d) Each member of the council who is not a state employee or a | |
2721 | - | member of the general assembly is entitled to reimbursement for | |
2722 | - | mileage, traveling expenses, and other expenses actually incurred in | |
2723 | - | connection with the member's duties, as provided in the state travel | |
2724 | - | policies and procedures established by the Indiana department of | |
2725 | - | administration and approved by the budget agency. However, Except | |
2726 | - | as provided in section 21 of this chapter, council members are not | |
2727 | - | entitled to a salary or per diem. | |
2728 | - | (e) Each member of the council who is a state employee is | |
2729 | - | entitled to reimbursement for traveling expenses as provided under | |
2730 | - | IC 4-13-1-4 and other expenses actually incurred in connection | |
2731 | - | with the member's duties as provided in the state policies and | |
2732 | - | procedures established by the Indiana department of | |
2733 | - | administration and approved by the budget agency. | |
2734 | - | (f) Expenses paid under subsections (d) and (e) shall be paid | |
2735 | - | from appropriations to the council. | |
2736 | - | SECTION 125. IC 15-15-12-21, AS ADDED BY P.L.2-2008, | |
2737 | - | SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
2738 | - | UPON PASSAGE]: Sec. 21. (a) One (1) council member shall be | |
2739 | - | elected from each of the following districts: | |
2740 | - | DISTRICT 1. The counties of Lake, Newton, Jasper, Benton, | |
2741 | - | Porter, LaPorte, Starke, White, and Pulaski. | |
2742 | - | DISTRICT 2. The counties of St. Joseph, Elkhart, Marshall, | |
2743 | - | Kosciusko, Fulton, Carroll, Cass, Miami, and Wabash. | |
2744 | - | DISTRICT 3. The counties of LaGrange, Steuben, Noble, | |
2745 | - | HEA 1026 — Concur 65 | |
2746 | - | DeKalb, Whitley, Allen, Huntington, Wells, and Adams. | |
2747 | - | DISTRICT 4. The counties of Montgomery, Fountain, Warren, | |
2748 | - | Tippecanoe, Vermillion, Parke, Putnam, Vigo, Clay, and Owen. | |
2749 | - | DISTRICT 5. The counties of Clinton, Boone, Tipton, Howard, | |
2750 | - | Grant, Hamilton, Madison, Hendricks, Marion, Hancock, Morgan, | |
2751 | - | Johnson, Shelby, Rush, Bartholomew, and Decatur. | |
2752 | - | DISTRICT 6. The counties of Blackford, Jay, Delaware, Henry, | |
2753 | - | Randolph, Wayne, Fayette, and Union. | |
2754 | - | DISTRICT 7. The counties of Sullivan, Greene, Knox, Daviess, | |
2755 | - | Martin, Gibson, Pike, Dubois, Posey, Vanderburgh, Warrick, and | |
2756 | - | Spencer. | |
2757 | - | DISTRICT 8. The counties of Monroe, Brown, Lawrence, | |
2758 | - | Jackson, Orange, Washington, Perry, Crawford, Harrison, and | |
2759 | - | Floyd. | |
2760 | - | DISTRICT 9. The counties of Franklin, Jennings, Jefferson, | |
2761 | - | Ripley, Dearborn, Ohio, Clark, Switzerland, and Scott. | |
2762 | - | (b) Six (6) council members shall be elected to represent all | |
2763 | - | counties in Indiana. | |
2764 | - | (c) The dean of agriculture shall appoint one (1) representative of | |
2765 | - | the largest general farm organization in Indiana to serve as a member | |
2766 | - | of the council. | |
2767 | - | (d) The dean of agriculture shall appoint one (1) representative of | |
2768 | - | the second largest general farm organization in Indiana to serve as a | |
2769 | - | member of the council. | |
2770 | - | (e) The director shall appoint two (2) representatives of first | |
2771 | - | purchaser organizations to serve as nonvoting members of the council. | |
2772 | - | (f) Four (4) members serve on the council, to be appointed as | |
2773 | - | nonvoting members as follows: | |
2774 | - | (1) One (1) member appointed by the president pro tempore of the | |
2775 | - | senate. | |
2776 | - | (2) One (1) member appointed by the minority leader of the | |
2777 | - | senate. | |
2778 | - | (3) One (1) member appointed by the speaker of the house of | |
2779 | - | representatives. | |
2780 | - | (4) One (1) member appointed by the minority leader of the house | |
2781 | - | of representatives. | |
2782 | - | The members appointed under this subsection are ex officio members | |
2783 | - | of the council. The members of the senate must be of different political | |
2784 | - | parties. The members of the house of representatives must be of | |
2785 | - | different political parties. Notwithstanding any other law, the members | |
2786 | - | appointed under this section are entitled to receive the per diem of | |
2787 | - | members of the general assembly for time spent in attendance at the | |
2788 | - | HEA 1026 — Concur 66 | |
2789 | - | meetings of the council. Per diem of these members shall be paid by | |
2790 | - | the council upon approval of the director. Each member of the | |
2791 | - | council who is a member of the general assembly is entitled to | |
2792 | - | receive the same per diem, mileage, and travel allowances paid to | |
2793 | - | legislative members of interim study committees established by the | |
2794 | - | legislative council. Per diem, mileage, and travel allowances paid | |
2795 | - | under this subsection shall be paid from appropriations made to | |
2796 | - | the legislative council or the legislative services agency. | |
2797 | - | (g) The dean of agriculture or the dean's designee shall serve as an | |
2798 | - | ex officio, nonvoting member of the council. | |
2799 | - | (h) The secretary of agriculture or the secretary's designee shall | |
2800 | - | serve as an ex officio, nonvoting member of the council. | |
2801 | - | SECTION 126. IC 16-46-6-4, AS AMENDED BY P.L.145-2006, | |
2802 | - | SECTION 147, IS AMENDED TO READ AS FOLLOWS | |
2803 | - | [EFFECTIVE UPON PASSAGE]: Sec. 4. (a) The council consists of | |
2804 | - | the following twenty-one (21) members: | |
2805 | - | (1) Two (2) members of the house of representatives from | |
2806 | - | different political parties appointed by the speaker of the house of | |
2807 | - | representatives. | |
2808 | - | (2) Two (2) members of the senate from different political parties | |
2809 | - | appointed by the president pro tempore of the senate. | |
2810 | - | (3) The governor or the governor's designee. | |
2811 | - | (4) The state health commissioner or the commissioner's | |
2812 | - | designee. | |
2813 | - | (5) The director of the division of family resources established by | |
2814 | - | IC 12-13-1-1 or the director's designee. | |
2815 | - | (6) The director of the office of Medicaid policy and planning | |
2816 | - | established by IC 12-8-6.5-1 or the director's designee. | |
2817 | - | (7) The director of the division of mental health and addiction | |
2818 | - | established by IC 12-21-1-1 or the director's designee. | |
2819 | - | (8) The commissioner of the department of correction or the | |
2820 | - | commissioner's designee. | |
2821 | - | (9) One (1) representative of a local health department appointed | |
2822 | - | by the governor. | |
2823 | - | (10) One (1) representative of a public health care facility | |
2824 | - | appointed by the governor. | |
2825 | - | (11) One (1) psychologist appointed by the governor who: | |
2826 | - | (A) is licensed to practice psychology in Indiana; and | |
2827 | - | (B) has knowledge and experience in the special health needs | |
2828 | - | of minorities. | |
2829 | - | (12) One (1) member appointed by the governor based on the | |
2830 | - | recommendation of the Indiana State Medical Association. | |
2831 | - | HEA 1026 — Concur 67 | |
2832 | - | (13) One (1) member appointed by the governor based on the | |
2833 | - | recommendation of the National Medical Association. | |
2834 | - | (14) One (1) member appointed by the governor based on the | |
2835 | - | recommendation of the Indiana Hospital and Health Association. | |
2836 | - | (15) One (1) member appointed by the governor based on the | |
2837 | - | recommendation of the American Cancer Society. | |
2838 | - | (16) One (1) member appointed by the governor based on the | |
2839 | - | recommendation of the American Heart Association. | |
2840 | - | (17) One (1) member appointed by the governor based on the | |
2841 | - | recommendation of the American Diabetes Association. | |
2842 | - | (18) One (1) member appointed by the governor based on the | |
2843 | - | recommendation of the Black Nurses Association. | |
2844 | - | (19) One (1) member appointed by the governor based on the | |
2845 | - | recommendation of the Indiana Minority Health Coalition. | |
2846 | - | (b) At least fifty-one percent (51%) of the members of the council | |
2847 | - | must be minorities. | |
2848 | - | SECTION 127. IC 16-46-6-5 IS AMENDED TO READ AS | |
4511 | + | commission's duties under this chapter.". | |
4512 | + | Page 55, line 27, strike "but". | |
4513 | + | Page 55, line 28, strike "who is not a member of the general | |
4514 | + | assembly". | |
4515 | + | Page 55, delete lines 41 through 42. | |
4516 | + | Page 56, delete lines 1 through 7. | |
4517 | + | Page 56, line 34, delete "but who". | |
4518 | + | Page 56, line 35, delete "is not a member of the general assembly". | |
4519 | + | Page 56, between lines 40 and 41, begin a new paragraph and insert: | |
4520 | + | "(f) Expenses paid under subsections (d) and (e) shall be paid | |
4521 | + | from appropriations to the council.". | |
4522 | + | Page 58, line 15, after "." delete "The". | |
4523 | + | Page 58, delete lines 16 through 17. | |
4524 | + | Page 59, delete lines 26 through 30, begin a new paragraph and | |
4525 | + | insert: | |
4526 | + | "SECTION 129. IC 16-46-6-5 IS AMENDED TO READ AS | |
2849 | 4527 | FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5. (a) Except as | |
2850 | 4528 | provided in subsection (b), all appointments to the council are for two | |
2851 | 4529 | (2) years. A legislative member's term expires on June 30 of an | |
2852 | 4530 | odd-numbered year. | |
2853 | 4531 | (b) The term of a member appointed by the governor is four (4) | |
2854 | 4532 | years and expires as follows: | |
2855 | 4533 | (1) June 30, 2025, and each fourth year thereafter for a | |
2856 | 4534 | member appointed under section 4(a)(9) through 4(a)(14) of | |
2857 | 4535 | this chapter. | |
2858 | 4536 | (2) December 31, 2025, and each fourth year thereafter for a | |
2859 | 4537 | member appointed under section 4(a)(15) through 4(a)(19) of | |
2860 | 4538 | this chapter. | |
2861 | 4539 | (c) A member may be reappointed to the commission for succeeding | |
2862 | - | terms. | |
2863 | - | SECTION 128. IC 16-46-6-8 IS AMENDED TO READ AS | |
2864 | - | FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 8. The state | |
2865 | - | department and the Indiana Minority Health Coalition, Inc. shall | |
2866 | - | provide staff for the council. | |
2867 | - | SECTION 129. IC 16-46-6-13 IS AMENDED TO READ AS | |
2868 | - | FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 13. (a) Each | |
2869 | - | member of the council who is not a state employee is entitled to the | |
2870 | - | minimum salary per diem provided by IC 4-10-11-2.1(b). The council | |
2871 | - | member is also entitled to reimbursement for mileage, traveling | |
2872 | - | expenses as provided under IC 4-13-1-4, and other expenses actually | |
2873 | - | incurred in connection with the member's duties as provided in the state | |
2874 | - | HEA 1026 — Concur 68 | |
2875 | - | policies and procedures established by the Indiana department of | |
2876 | - | administration and approved by the budget agency. | |
2877 | - | (b) Each member of the council who is a state employee is entitled | |
2878 | - | to reimbursement for traveling expenses as provided under IC 4-13-1-4 | |
2879 | - | and other expenses actually incurred in connection with the member's | |
2880 | - | duties as provided in the state policies and procedures established by | |
2881 | - | the Indiana department of administration and approved by the budget | |
2882 | - | agency. | |
2883 | - | (c) Except as provided in subsection (d), expenses incurred under | |
2884 | - | this section must be paid out of the funds appropriated to the state | |
2885 | - | department. | |
2886 | - | (d) Each member of the council who is a member of the general | |
2887 | - | assembly is entitled to receive the same per diem, mileage, and | |
2888 | - | travel allowances paid to legislative members of interim study | |
2889 | - | committees established by the legislative council. Per diem, | |
2890 | - | mileage, and travel allowances paid under this subsection shall be | |
2891 | - | paid from appropriations made to the legislative council or the | |
2892 | - | legislative services agency. | |
2893 | - | SECTION 130. IC 20-19-10-3.5 IS ADDED TO THE INDIANA | |
2894 | - | CODE AS A NEW SECTION TO READ AS FOLLOWS | |
2895 | - | [EFFECTIVE UPON PASSAGE]: Sec. 3.5. (a) Except as provided in | |
2896 | - | subsection (b), each member of the commission appointed under | |
2897 | - | section 3(9) of this chapter serves a four (4) year term. | |
2898 | - | (b) The terms of the members appointed under section 3(9)(A), | |
2899 | - | 3(9)(C), and 3(9)(E) of this chapter expire December 31, 2025, and | |
2900 | - | each fourth year thereafter. The terms of the members appointed | |
2901 | - | under section 3(9)(B) and 3(9)(D) of this chapter expire December | |
2902 | - | 31, 2027, and each fourth year thereafter. | |
2903 | - | (c) Each legislative member of the commission appointed under | |
2904 | - | section 3 of this chapter serves a two (2) year term ending on June | |
2905 | - | 30 of each odd-numbered year. | |
2906 | - | (d) Members of the commission may be reappointed to | |
2907 | - | successive terms. | |
2908 | - | SECTION 131. IC 20-19-10-7, AS ADDED BY P.L.39-2021, | |
2909 | - | SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
2910 | - | UPON PASSAGE]: Sec. 7. (a) Each member of the commission who | |
2911 | - | is not a state employee is entitled to the minimum salary per diem | |
2912 | - | provided by IC 4-10-11-2.1(b). The member is also entitled to | |
2913 | - | reimbursement for mileage, traveling expenses as provided under | |
2914 | - | IC 4-13-1-4, and other expenses actually incurred in connection with | |
2915 | - | the member's duties as provided in the state policies and procedures | |
2916 | - | established by the Indiana department of administration and approved | |
2917 | - | HEA 1026 — Concur 69 | |
2918 | - | by the budget agency. | |
2919 | - | (b) Each member of the commission who is a state employee is | |
2920 | - | entitled to reimbursement for traveling expenses as provided under | |
2921 | - | IC 4-13-1-4 and other expenses actually incurred in connection with | |
2922 | - | the member's duties as provided in the state policies and procedures | |
2923 | - | established by the Indiana department of administration and approved | |
2924 | - | by the budget agency. | |
2925 | - | (c) Each member of the commission who is a member of the general | |
2926 | - | assembly is entitled to receive the same per diem, mileage, and travel | |
2927 | - | allowances paid to members of the general assembly serving on interim | |
2928 | - | study committees created by the legislative council. Per diem, | |
2929 | - | mileage, and travel allowances paid under this subsection shall be | |
2930 | - | paid from appropriations made to the legislative council or the | |
2931 | - | legislative services agency. | |
2932 | - | (d) Expenses paid under subsections (a) and (b) shall be paid | |
2933 | - | from appropriations made to the department. | |
2934 | - | SECTION 132. IC 20-19-10-9, AS ADDED BY P.L.39-2021, | |
2935 | - | SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
2936 | - | UPON PASSAGE]: Sec. 9. The department of education shall staff the | |
2937 | - | commission. | |
2938 | - | SECTION 133. IC 20-21-3-3, AS ADDED BY P.L.1-2005, | |
4540 | + | terms.". | |
4541 | + | EH 1026—LS 6162/DI 92 106 | |
4542 | + | Page 60, line 20, delete "[EFFECTIVE JANUARY 1, 2024 | |
4543 | + | (RETROACTIVE)]:" and insert "[EFFECTIVE UPON PASSAGE]:". | |
4544 | + | Page 60, line 25, delete "2023," and insert "2025,". | |
4545 | + | Page 60, line 28, delete "2025," and insert "2027,". | |
4546 | + | Page 61, between lines 20 and 21, begin a new paragraph and insert: | |
4547 | + | "SECTION 134. IC 20-21-3-3, AS ADDED BY P.L.1-2005, | |
2939 | 4548 | SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
2940 | 4549 | UPON PASSAGE]: Sec. 3. (a) Each voting board member who is not | |
2941 | 4550 | an employee of the state or a political subdivision is entitled to the | |
2942 | 4551 | following: | |
2943 | 4552 | (1) The minimum salary per diem provided by IC 4-10-11-2.1 for | |
2944 | 4553 | each board meeting attended by the member. | |
2945 | 4554 | (2) Mileage and reimbursement for traveling expenses as | |
2946 | 4555 | provided under IC 4-13-1-4 and other expenses actually incurred | |
2947 | 4556 | in connection with the member's duties as provided in the state | |
2948 | 4557 | policies and procedures established by the Indiana department of | |
2949 | 4558 | administration and approved by the budget agency. | |
2950 | 4559 | Money for payments to board members under this subsection shall be | |
2951 | 4560 | paid from appropriations made to the school. | |
2952 | 4561 | (b) The member of the board appointed under section 2(a)(4) of this | |
2953 | 4562 | chapter is entitled to receive the same per diem, mileage, and travel | |
2954 | 4563 | allowances paid to legislative members of interim study committees | |
2955 | 4564 | established by the legislative council. Per diem, mileage, and travel | |
2956 | 4565 | allowances paid under this subsection shall be paid from appropriations | |
2957 | 4566 | made to the legislative council or the legislative services agency. | |
2958 | - | SECTION | |
4567 | + | SECTION 135. IC 20-21-3-4, AS ADDED BY P.L.1-2005, | |
2959 | 4568 | SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
2960 | - | HEA 1026 — Concur 70 | |
2961 | 4569 | UPON PASSAGE]: Sec. 4. (a) This section applies only to a board | |
2962 | 4570 | member serving under section 2(a)(1) of this chapter. | |
2963 | 4571 | (b) The term of a board member is four (4) years and expires June | |
2964 | 4572 | 30, 2025, and each fourth year thereafter. | |
2965 | 4573 | (c) The term of a member begins upon appointment by the governor. | |
2966 | 4574 | (d) A member may serve after the member's term expires until the | |
2967 | 4575 | term of the member's successor begins. | |
2968 | 4576 | (e) The governor may reappoint a member to serve a new term. | |
2969 | - | SECTION | |
4577 | + | SECTION 136. IC 20-21-3-4.5 IS ADDED TO THE INDIANA | |
2970 | 4578 | CODE AS A NEW SECTION TO READ AS FOLLOWS | |
2971 | 4579 | [EFFECTIVE UPON PASSAGE]: Sec. 4.5. (a) This section applies | |
2972 | 4580 | only to a board member serving under section 2(a)(4) of this | |
2973 | 4581 | chapter. | |
2974 | 4582 | (b) The member serves at the pleasure of the president pro | |
2975 | 4583 | tempore of the senate. The term of the board member is two (2) | |
4584 | + | EH 1026—LS 6162/DI 92 107 | |
2976 | 4585 | years and expires June 30 of an odd-numbered year. The board | |
2977 | 4586 | member may be reappointed to successive terms. | |
2978 | 4587 | (c) A member may serve after the member's term expires until | |
2979 | - | the term of the member's successor begins. | |
2980 | - | SECTION 136. IC 20-21-3-5, AS ADDED BY P.L.1-2005, | |
2981 | - | SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
2982 | - | UPON PASSAGE]: Sec. 5. Whenever there is a vacancy on the board, | |
2983 | - | the governor appropriate appointing authority shall fill the vacancy | |
2984 | - | for the remainder of the unexpired term. | |
2985 | - | SECTION 137. IC 20-21-3-6, AS ADDED BY P.L.1-2005, | |
2986 | - | SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
2987 | - | UPON PASSAGE]: Sec. 6. (a) At the board's last meeting before July | |
2988 | - | 1 of each year, the board shall elect one (1) member to be chair of the | |
2989 | - | board. | |
2990 | - | (b) The member elected chair of the board serves as chair beginning | |
2991 | - | July 1 after elected by the board. | |
2992 | - | (c) The board may reelect a member as chair of the board. | |
2993 | - | (d) The board shall annually elect one (1) of its members to serve as | |
2994 | - | the secretary for the board. | |
2995 | - | (e) The board shall meet at the call of the chair at least five (5) | |
2996 | - | times during each school year. | |
2997 | - | SECTION 138. IC 20-22-3-3, AS ADDED BY P.L.1-2005, | |
4588 | + | the term of the member's successor begins.". | |
4589 | + | Page 61, between lines 37 and 38, begin a new paragraph and insert: | |
4590 | + | "SECTION 139. IC 20-22-3-3, AS ADDED BY P.L.1-2005, | |
2998 | 4591 | SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
2999 | 4592 | UPON PASSAGE]: Sec. 3. (a) Each voting member of the board who | |
3000 | 4593 | is not an employee of the state or a political subdivision is entitled to | |
3001 | 4594 | the following: | |
3002 | 4595 | (1) The minimum salary per diem provided by IC 4-10-11-2.1 for | |
3003 | - | HEA 1026 — Concur 71 | |
3004 | 4596 | each board meeting attended by the member. | |
3005 | 4597 | (2) Mileage and reimbursement for traveling expenses as | |
3006 | 4598 | provided under IC 4-13-1-4 and other expenses actually incurred | |
3007 | 4599 | in connection with the member's duties as provided in the state | |
3008 | 4600 | policies and procedures established by the Indiana department of | |
3009 | 4601 | administration and approved by the budget agency. | |
3010 | 4602 | Money for payments to board members under this subsection shall be | |
3011 | 4603 | paid from appropriations made to the school. | |
3012 | 4604 | (b) The member of the board appointed under section 2(a)(4) of this | |
3013 | 4605 | chapter is entitled to receive the same per diem, mileage, and travel | |
3014 | 4606 | allowances paid to legislative members of interim study committees | |
3015 | 4607 | established by the legislative council. Per diem, mileage, and travel | |
3016 | 4608 | allowances paid under this subsection shall be paid from appropriations | |
3017 | 4609 | made to the legislative council or the legislative services agency. | |
3018 | - | SECTION | |
4610 | + | SECTION 140. IC 20-22-3-4, AS ADDED BY P.L.1-2005, | |
3019 | 4611 | SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
3020 | 4612 | UPON PASSAGE]: Sec. 4. (a) This section applies only to a board | |
3021 | 4613 | member serving under section 2(a)(1) of this chapter. | |
3022 | 4614 | (b) The term of a board member is four (4) years and expires June | |
3023 | 4615 | 30, 2025, and each fourth year thereafter. | |
3024 | 4616 | (c) The term of a member begins upon appointment by the governor. | |
3025 | 4617 | (d) A member may serve after the member's term expires until the | |
3026 | 4618 | term of the member's successor begins. | |
3027 | 4619 | (e) The governor may reappoint a member to serve a new term. | |
3028 | - | SECTION | |
4620 | + | SECTION 141. IC 20-22-3-4.5 IS ADDED TO THE INDIANA | |
3029 | 4621 | CODE AS A NEW SECTION TO READ AS FOLLOWS | |
3030 | 4622 | [EFFECTIVE UPON PASSAGE]: Sec. 4.5. (a) This section applies | |
3031 | 4623 | only to a board member serving under section 2(a)(4) of this | |
3032 | 4624 | chapter. | |
3033 | 4625 | (b) The member serves at the pleasure of the speaker of the | |
3034 | 4626 | house of representatives. The term of the board member is two (2) | |
4627 | + | EH 1026—LS 6162/DI 92 108 | |
3035 | 4628 | years and expires June 30 of an odd-numbered year. The board | |
3036 | 4629 | member may be reappointed to successive terms. | |
3037 | 4630 | (c) A member may serve after the member's term expires until | |
3038 | - | the term of the member's successor begins. | |
3039 | - | SECTION 141. IC 20-22-3-5, AS ADDED BY P.L.1-2005, | |
3040 | - | SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
3041 | - | UPON PASSAGE]: Sec. 5. Whenever there is a vacancy on the board, | |
3042 | - | the governor appropriate appointing authority shall fill the vacancy | |
3043 | - | for the remainder of the unexpired term. | |
3044 | - | SECTION 142. IC 20-22-3-6, AS ADDED BY P.L.1-2005, | |
3045 | - | SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
3046 | - | HEA 1026 — Concur 72 | |
3047 | - | UPON PASSAGE]: Sec. 6. (a) At the board's last meeting before July | |
3048 | - | 1 of each year, the board shall elect one (1) member to be chair of the | |
3049 | - | board. | |
3050 | - | (b) The member elected chair of the board serves as chair beginning | |
3051 | - | July 1 after elected by the board. | |
3052 | - | (c) The board may reelect a member as chair of the board. | |
3053 | - | (d) The board shall annually elect one (1) of its members to serve as | |
3054 | - | the secretary for the board. | |
3055 | - | (e) The board shall meet at the call of the chair at least five (5) | |
3056 | - | times during each school year. | |
3057 | - | SECTION 143. IC 21-16-5-1.5, AS ADDED BY P.L.224-2023, | |
3058 | - | SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
3059 | - | UPON PASSAGE]: Sec. 1.5 (a) The board of directors of the nonprofit | |
3060 | - | corporation is composed of nine (9) members. The members must be | |
3061 | - | appointed as follows: | |
3062 | - | (1) Five (5) members appointed by the governor. | |
3063 | - | (2) One (1) member appointed by the president pro tempore of the | |
3064 | - | senate. | |
3065 | - | (3) One (1) member appointed by the minority leader of the | |
3066 | - | senate. | |
3067 | - | (4) One (1) member appointed by the speaker of the house of | |
3068 | - | representatives. | |
3069 | - | (5) One (1) member appointed by the minority leader of the house | |
3070 | - | of representatives. | |
3071 | - | (b) None of the members appointed to the board may be members | |
3072 | - | of the general assembly. Not more than five (5) members may belong | |
3073 | - | to the same political party. Members serve at the pleasure of the | |
3074 | - | appointing authority. | |
3075 | - | (c) The board shall elect from among its members a chair and vice | |
3076 | - | chair. | |
3077 | - | (d) Five (5) members constitutes a quorum for the transaction of | |
3078 | - | business. An affirmative vote of at least five (5) members is necessary | |
3079 | - | for the board to take action. Members of the board may not vote by | |
3080 | - | proxy. | |
3081 | - | (e) Meetings of the board shall be held at the call of the chair or | |
3082 | - | whenever any five (5) voting members request a meeting. The | |
3083 | - | members shall meet at least once every three (3) months to attend to | |
3084 | - | the business of the corporation. | |
3085 | - | (f) Members are entitled to a salary per diem for attending meetings | |
3086 | - | equal to the per diem provided by law for members of the general | |
3087 | - | assembly. The members are also entitled to receive reimbursement for | |
3088 | - | traveling expenses as provided under IC 4-13-1-4 and other expenses | |
3089 | - | HEA 1026 — Concur 73 | |
3090 | - | actually incurred in connection with the members' duties as approved | |
3091 | - | by the budget agency. | |
3092 | - | (f) Each member of the commission who is not a state employee | |
4631 | + | the term of the member's successor begins.". | |
4632 | + | Page 62, strike lines 41 through 42. | |
4633 | + | Page 63, strike lines 1 through 3. | |
4634 | + | Page 63, line 4, strike "by the budget agency.". | |
4635 | + | Page 63, line 4, delete "Members who are not state employees are". | |
4636 | + | Page 63, delete lines 5 through 7, begin a new paragraph and insert: | |
4637 | + | "(f) Each member of the commission who is not a state employee | |
3093 | 4638 | is entitled to: | |
3094 | 4639 | (1) a salary per diem for attending meetings equal to the per | |
3095 | 4640 | diem provided by law for members of the general assembly; | |
3096 | 4641 | and | |
3097 | 4642 | (2) reimbursement for mileage and traveling expenses as | |
3098 | 4643 | provided under IC 4-13-1-4, and other expenses actually | |
3099 | 4644 | incurred in connection with the member's duties as provided | |
3100 | 4645 | in the state policies and procedures established by the Indiana | |
3101 | 4646 | department of administration and approved by the budget | |
3102 | 4647 | agency. | |
3103 | 4648 | (g) Each member of the commission who is a state employee is | |
3104 | 4649 | entitled to reimbursement for traveling expenses as provided under | |
3105 | 4650 | IC 4-13-1-4 and other expenses actually incurred in connection | |
3106 | 4651 | with the member's duties as provided in the state policies and | |
3107 | 4652 | procedures established by the Indiana department of | |
3108 | 4653 | administration and approved by the budget agency. | |
3109 | 4654 | (h) The corporation shall pay expenses incurred under | |
3110 | - | subsections (g) and (h) from the revenues of the corporation. | |
3111 | - | (i) The corporation shall provide staff support to the board. | |
3112 | - | SECTION 144. IC 21-47-2-4, AS AMENDED BY P.L.108-2022, | |
3113 | - | SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
3114 | - | UPON PASSAGE]: Sec. 4. (a) There is established a geological and | |
3115 | - | water survey advisory council. | |
3116 | - | (b) The council consists of the following members: | |
3117 | - | (1) One (1) member appointed by the president of Indiana | |
3118 | - | University who is a faculty member of the Indiana University | |
3119 | - | School of Public and Environmental Affairs to serve for a period | |
3120 | - | of two (2) four (4) years. A member appointed under this | |
3121 | - | subdivision must have a background in energy, geology, water, or | |
3122 | - | environmental science. | |
3123 | - | (2) One (1) member appointed by the president of Indiana | |
3124 | - | University who is a faculty member of the earth sciences | |
3125 | - | department to serve for a period of four (4) years. | |
3126 | - | (3) The vice provost of research of Indiana University, or the vice | |
3127 | - | provost's designee. | |
3128 | - | (4) The chairperson of the house of representatives standing | |
3129 | - | committee tasked with studying utilities and energy, or the | |
3130 | - | chairperson's designee. | |
3131 | - | (5) The chairperson of the senate standing committee tasked with | |
3132 | - | HEA 1026 — Concur 74 | |
3133 | - | studying utilities and energy, or the chairperson's designee. | |
3134 | - | (6) The director of the department of natural resources, or the | |
3135 | - | director's designee. | |
3136 | - | (7) The director of the Indiana department of environmental | |
3137 | - | management, or the director's designee. | |
3138 | - | (8) The director of the Indiana economic development | |
3139 | - | corporation, or the director's designee. | |
3140 | - | (9) The public finance director appointed under IC 5-1.2-3-6, or | |
3141 | - | the public finance director's designee. | |
3142 | - | (10) Two (2) individuals who: | |
3143 | - | (A) are appointed by the governor; | |
3144 | - | (B) represent private industry; and | |
3145 | - | (C) have a background in energy, geology, water, or | |
3146 | - | environmental science. | |
3147 | - | An individual appointed by the governor under this subdivision | |
3148 | - | serves for a term of four (4) years. | |
3149 | - | A designee under subdivision (3), (4), (5), (6), (7), (8), or (9) must have | |
3150 | - | a background in energy, geology, water, or environmental science. The | |
3151 | - | members of the council shall annually elect a chair and vice chair | |
3152 | - | from among the membership of the council. | |
3153 | - | (c) A member who is appointed or designated to serve on the | |
3154 | - | council under subsection (b): | |
3155 | - | (1) in the case of an appointed member: | |
3156 | - | (A) holds the position for the term of the appointment; | |
3157 | - | (B) continues to serve after expiration of the appointment until | |
3158 | - | a successor is appointed and qualified; and | |
3159 | - | (C) subject to subdivision (2), is eligible for reappointment; | |
3160 | - | (2) may not serve on the council for a total of more than ten (10) | |
3161 | - | years; two (2) consecutive terms; and | |
3162 | - | (3) serves at the pleasure of the appointing or designating | |
3163 | - | authority and may be removed by the appointing or designating | |
3164 | - | authority at any time. | |
3165 | - | The appointing or designating authority shall fill a vacancy that occurs | |
3166 | - | after a member appointed or designated by the authority resigns, is | |
3167 | - | removed, or is no longer qualified to serve. | |
3168 | - | (d) The state geologist shall serve as secretary of the council, shall | |
3169 | - | provide staff support to the council, and shall report on the following | |
3170 | - | at each meeting of the council: | |
3171 | - | (1) The staffing of the survey. | |
3172 | - | (2) The finances of the survey. | |
3173 | - | (3) The outreach programs of the survey. | |
3174 | - | (4) The current research projects of the survey. | |
3175 | - | HEA 1026 — Concur 75 | |
3176 | - | (5) Any other report requested by the council. | |
3177 | - | (e) The state geologist may cast the deciding vote to break a tie. | |
3178 | - | (f) Each member of the council who is not a state employee is | |
3179 | - | entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). | |
3180 | - | A member is also entitled to reimbursement for mileage and traveling | |
3181 | - | expenses actually incurred in connection with the member's duties as | |
3182 | - | provided in the state policies and procedures established by the Indiana | |
3183 | - | department of administration and approved by the budget agency. | |
3184 | - | (g) Each member of the council who is a member of the general | |
3185 | - | assembly is entitled to receive the same per diem, mileage, and travel | |
3186 | - | allowances paid to legislative members of interim study committees | |
3187 | - | established by the legislative council. Per diem, mileage, and travel | |
3188 | - | allowances paid under this section shall be paid from appropriations | |
3189 | - | made to the legislative council or the legislative services agency. | |
3190 | - | (h) Each member of the commission who is a state employee is | |
4655 | + | subsections (g) and (h) from the revenues of the corporation.". | |
4656 | + | Page 63, line 8, delete "(g)" and insert "(i)". | |
4657 | + | Page 64, after line 42, begin a new paragraph and insert: | |
4658 | + | "(h) Each member of the commission who is a state employee is | |
3191 | 4659 | entitled to reimbursement for traveling expenses as provided under | |
3192 | 4660 | IC 4-13-1-4 and other expenses actually incurred in connection | |
3193 | 4661 | with the member's duties as provided in the state policies and | |
3194 | 4662 | procedures established by the Indiana department of | |
3195 | 4663 | administration and approved by the budget agency. | |
3196 | 4664 | (i) Expenses paid under subsections (f) and (h) shall be paid | |
3197 | - | from appropriations made to the state geologist. | |
3198 | - | (h) (j) The council shall meet quarterly in the first month of each | |
3199 | - | quarter. The date, time, and location of a meeting must be upon | |
3200 | - | agreement of the council. | |
3201 | - | (i) (k) The council shall meet with the state geologist to make | |
3202 | - | recommendations concerning: | |
3203 | - | (1) the functions and performance of the survey; and | |
3204 | - | (2) appropriations and funding for the survey. | |
3205 | - | (j) (l) The council may make recommendations concerning the | |
3206 | - | effectiveness and efficiency of the survey and other matters. | |
3207 | - | (k) (m) Recommendations and reports of the council shall be | |
3208 | - | directed to the following: | |
3209 | - | (1) The governor. | |
3210 | - | (2) The budget agency. | |
3211 | - | (3) The president of Indiana University. | |
3212 | - | (4) The director of the department of natural resources. | |
3213 | - | (5) The commissioner of the department of environmental | |
3214 | - | management. | |
3215 | - | (n) The terms of the members of the council described in | |
3216 | - | subsection (b)(1), (b)(2), and (b)(10) expire as follows: | |
3217 | - | (1) For the members described in subsection (b)(1) and (b)(2), | |
3218 | - | HEA 1026 — Concur 76 | |
3219 | - | June 30, 2025, and each fourth year thereafter. | |
3220 | - | (2) For the members described in subsection (b)(10), June 30, | |
3221 | - | 2027, and each fourth year thereafter. | |
3222 | - | (o) The terms of the members of the council who are members | |
3223 | - | of the general assembly designated under subsection (b)(4) and | |
3224 | - | (b)(5) expire June 30 of an odd-numbered year. | |
3225 | - | SECTION 145. IC 21-47-2-7, AS ADDED BY P.L.108-2022, | |
4665 | + | from appropriations made to the state geologist.". | |
4666 | + | Page 65, line 1, strike "(h)" and insert "(j)". | |
4667 | + | Page 65, line 4, strike "(i)" and insert "(k)". | |
4668 | + | Page 65, line 8, strike "(j)" and insert "(l)". | |
4669 | + | Page 65, line 10, strike "(k)" and insert "(m)". | |
4670 | + | EH 1026—LS 6162/DI 92 109 | |
4671 | + | Page 65, line 18, delete "(l)" and insert "(n)". | |
4672 | + | Page 65, line 24, delete "(m)" and insert "(o)". | |
4673 | + | Page 65, delete lines 27 through 35, begin a new paragraph and | |
4674 | + | insert: | |
4675 | + | "SECTION 146. IC 21-47-2-7, AS ADDED BY P.L.108-2022, | |
3226 | 4676 | SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
3227 | 4677 | UPON PASSAGE]: Sec. 7. (a) As used in this section, "center" refers | |
3228 | 4678 | to the center for water established by subsection (c). | |
3229 | 4679 | (b) As used in this section, "council" refers to the geological and | |
3230 | 4680 | water survey advisory council established by section 4 of this chapter. | |
3231 | 4681 | (c) The center for water is established within the survey for the | |
3232 | 4682 | purpose of: | |
3233 | 4683 | (1) carrying out the survey's statutory duties concerning Indiana's | |
3234 | 4684 | water resources; | |
3235 | 4685 | (2) supporting long term studies of the state's water resources, as | |
3236 | 4686 | requested by the Indiana finance authority; and | |
3237 | 4687 | (3) upon request, providing resources to: | |
3238 | 4688 | (A) state agencies; | |
3239 | 4689 | (B) municipal agencies; and | |
3240 | 4690 | (C) soil and water conservation groups. | |
3241 | 4691 | (d) The center shall be staffed: | |
3242 | 4692 | (1) by employees of the survey who have expertise in water | |
3243 | 4693 | resources; and | |
3244 | 4694 | (2) at staffing levels consistent with recommendations of the | |
3245 | 4695 | council. | |
3246 | 4696 | (e) The center shall report to the council before each quarterly | |
3247 | 4697 | meeting of the council under section 4(h) 4(j) of this chapter. | |
3248 | 4698 | (f) The state geologist shall oversee and manage the activities of the | |
3249 | 4699 | center. | |
3250 | 4700 | (g) The center shall be funded by the available resources of the | |
3251 | 4701 | survey. | |
3252 | - | SECTION | |
4702 | + | SECTION 147. IC 21-47-2-8, AS ADDED BY P.L.108-2022, | |
3253 | 4703 | SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
3254 | 4704 | UPON PASSAGE]: Sec. 8. (a) As used in this section, "center" refers | |
3255 | 4705 | to the center for energy established by subsection (c). | |
3256 | 4706 | (b) As used in this section, "council" refers to the geological and | |
3257 | 4707 | water survey advisory council established by section 4 of this chapter. | |
3258 | 4708 | (c) The center for energy is established within the survey for the | |
3259 | 4709 | purpose of: | |
3260 | 4710 | (1) carrying out the survey's statutory duties concerning Indiana's | |
3261 | - | HEA 1026 — Concur 77 | |
3262 | 4711 | natural energy resources; | |
3263 | 4712 | (2) supporting long term studies of the state's energy resources, as | |
4713 | + | EH 1026—LS 6162/DI 92 110 | |
3264 | 4714 | requested by the state; and | |
3265 | 4715 | (3) upon request, providing resources to: | |
3266 | 4716 | (A) state agencies; | |
3267 | 4717 | (B) municipal agencies; and | |
3268 | 4718 | (C) energy stakeholders. | |
3269 | 4719 | (d) The center shall be staffed: | |
3270 | 4720 | (1) by employees of the survey who have expertise in energy | |
3271 | 4721 | resources; and | |
3272 | 4722 | (2) at staffing levels consistent with recommendations of the | |
3273 | 4723 | council. | |
3274 | 4724 | (e) The center shall report to the council before each quarterly | |
3275 | 4725 | meeting of the council under section 4(h) 4(j) of this chapter. | |
3276 | 4726 | (f) The state geologist shall oversee and manage the activities of the | |
3277 | 4727 | center. | |
3278 | 4728 | (g) The center shall be funded by the available resources of the | |
3279 | - | survey. | |
3280 | - | SECTION 147. IC 27-1-44.6-6, AS AMENDED BY P.L.56-2023, | |
3281 | - | SECTION 243, IS AMENDED TO READ AS FOLLOWS | |
3282 | - | [EFFECTIVE UPON PASSAGE]: Sec. 6. (a) The advisory board | |
3283 | - | consists of the following: | |
3284 | - | (1) The executive director of the all payer claims data base | |
3285 | - | operated under IC 27-1-44.5. | |
3286 | - | (2) The following members, appointed by the governor: | |
3287 | - | (1) (A) One (1) individual representing the Indiana Hospital | |
3288 | - | Association. | |
3289 | - | (2) (B) One (1) individual who is a physician or surgeon and | |
3290 | - | is not employed by or contracted to predominantly provide | |
3291 | - | health care services at a hospital licensed under IC 16-21-2 or | |
3292 | - | a hospital system. | |
3293 | - | (3) (C) One (1) individual representing a small employer that | |
3294 | - | purchases a group health plan for its employees. | |
3295 | - | (4) (D) One (1) individual representing a large employer that | |
3296 | - | purchases a group health plan for its employees. | |
3297 | - | (5) (E) One (1) individual representing a self-insured | |
3298 | - | employer. | |
3299 | - | (6) (F) One (1) individual from a firm that processes claims | |
3300 | - | for health plans. | |
3301 | - | (7) (G) One (1) individual representing a domestic insurance | |
3302 | - | company that issues policies of accident and sickness | |
3303 | - | insurance (as defined in IC 27-8-5-1). | |
3304 | - | HEA 1026 — Concur 78 | |
3305 | - | (8) (H) One (1) individual representing pharmacists or an | |
3306 | - | affiliate society. | |
3307 | - | (9) The executive director. | |
3308 | - | (3) The nonvoting advisory members described in subsection | |
3309 | - | (b). | |
3310 | - | Individuals appointed to represent an employer under subdivisions (3), | |
3311 | - | (4), and (5) subdivision (2)(C) through (2)(E) may not represent an | |
3312 | - | employer who is a health care facility or provider or a supplier or | |
3313 | - | broker of health plans. | |
3314 | - | (b) The advisory board consists of The following are nonvoting | |
3315 | - | advisory members of the advisory board: | |
3316 | - | (1) The commissioner of the department of insurance or a | |
3317 | - | designee of the commissioner. | |
3318 | - | (2) The secretary of family and social services or a designee of the | |
3319 | - | secretary. | |
3320 | - | (3) The commissioner of the Indiana department of health or a | |
3321 | - | designee of the commissioner. | |
3322 | - | (4) Two (2) members of the senate, who may not be members of | |
3323 | - | the same political party, appointed by the president pro tempore | |
3324 | - | of the senate with the advice of the minority leader of the senate. | |
3325 | - | (5) Two (2) members of the house of representatives, who may | |
3326 | - | not be members of the same political party, appointed by the | |
3327 | - | speaker of the house of representatives with the advice of the | |
3328 | - | minority leader of the house of representatives. | |
3329 | - | SECTION 148. IC 27-1-44.6-7, AS AMENDED BY P.L.137-2021, | |
4729 | + | survey.". | |
4730 | + | Page 66, delete line 42. | |
4731 | + | Page 67, delete lines 1 through 20, begin a new paragraph and | |
4732 | + | insert: | |
4733 | + | "SECTION 149. IC 27-1-44.6-7, AS AMENDED BY P.L.137-2021, | |
3330 | 4734 | SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
3331 | 4735 | UPON PASSAGE]: Sec. 7. (a) The initial appointment of members | |
3332 | 4736 | beginning July 1, 2021, must be made not later than August 1, 2021. | |
3333 | 4737 | (b) For the initial appointment of the eight (8) members appointed | |
3334 | 4738 | to the advisory board by the governor under section 6(a)(1) through | |
3335 | 4739 | 6(a)(8) of this chapter, four (4) members will serve for a term of two | |
3336 | 4740 | (2) years and four (4) members will serve for a term of four (4) years. | |
3337 | 4741 | For all subsequent appointments by the governor under section 6(a)(1) | |
3338 | 4742 | through 6(a)(8) of this chapter and all appointments made under | |
3339 | 4743 | section 6(b) of this chapter, members will serve for a term of four (4) | |
3340 | 4744 | years. (a) Members appointed by the governor serve a four (4) year | |
3341 | 4745 | term that expires June 30, 2025, and each fourth year thereafter. | |
3342 | 4746 | Members may be reappointed to successive terms. | |
3343 | 4747 | (c) (b) Subject to subsection (e), (d), the executive director is a | |
3344 | 4748 | permanent member of the advisory board. | |
3345 | 4749 | (d) (c) Each appointed member serves until the member's successor | |
3346 | 4750 | is appointed and qualified. A vacancy must be filled by appointment of | |
3347 | - | HEA 1026 — Concur 79 | |
3348 | 4751 | the governor the appropriate appointing authority. A member | |
3349 | 4752 | appointed to fill a vacancy serves for the unexpired term of the | |
3350 | 4753 | member's predecessor. | |
3351 | 4754 | (e) (d) A member may be removed from the advisory board for good | |
3352 | - | cause by the member's appointing authority. | |
3353 | - | SECTION 149. IC 27-1-44.6-8, AS ADDED BY P.L.195-2021, | |
3354 | - | SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
3355 | - | UPON PASSAGE]: Sec. 8. The advisory board must meet at least two | |
3356 | - | (2) times per calendar year at the call of the executive director. A | |
3357 | - | majority of the members of the advisory board constitutes a quorum. | |
3358 | - | SECTION 150. IC 27-1-44.6-9, AS ADDED BY P.L.195-2021, | |
3359 | - | SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
3360 | - | UPON PASSAGE]: Sec. 9. (a) Each member of the advisory board who | |
3361 | - | is not a state employee is entitled to the minimum financial | |
3362 | - | compensation per diem provided by IC 4-10-11-2.1(b). Such a member | |
3363 | - | is also entitled to reimbursement for mileage, traveling expenses, and | |
3364 | - | other expenses actually incurred in connection with the member's | |
3365 | - | duties, as provided in the state travel policies and procedures | |
3366 | - | established by the Indiana department of administration and approved | |
3367 | - | by the budget agency. | |
3368 | - | (b) Each member of the advisory board who is a state employee but | |
3369 | - | who is not a member of the general assembly is entitled to | |
3370 | - | reimbursement for traveling expenses and other expenses actually | |
3371 | - | incurred in connection with the member's duties, as provided in the | |
3372 | - | state travel policies and procedures established by the Indiana | |
3373 | - | department of administration and approved by the budget agency. | |
3374 | - | (c) Amounts paid under subsection (a) or (b) must be paid from | |
3375 | - | money appropriated to the department of insurance for the total | |
3376 | - | operating expense of the all payer claims data base. | |
3377 | - | (c) (d) Each member of the advisory board who is a member of the | |
3378 | - | general assembly is entitled to receive the same per diem, mileage, and | |
3379 | - | travel allowances paid to legislative members of interim study | |
3380 | - | committees established by the legislative council. Per diem, mileage, | |
3381 | - | and travel allowances paid under this subsection shall be paid from | |
3382 | - | appropriations made to the legislative council or the legislative services | |
3383 | - | agency. | |
3384 | - | (d) (e) Membership on the advisory board does not constitute the | |
3385 | - | holding of a public office. | |
3386 | - | SECTION 151. IC 27-1-44.6-11 IS ADDED TO THE INDIANA | |
3387 | - | CODE AS A NEW SECTION TO READ AS FOLLOWS | |
3388 | - | [EFFECTIVE UPON PASSAGE]: Sec. 11. The department of | |
3389 | - | insurance shall provide staff support to the advisory board. | |
3390 | - | HEA 1026 — Concur 80 | |
3391 | - | SECTION 152. IC 33-38-9.5-2, AS AMENDED BY P.L.114-2022, | |
4755 | + | cause by the member's appointing authority.". | |
4756 | + | EH 1026—LS 6162/DI 92 111 | |
4757 | + | Page 67, line 25, delete "voting". | |
4758 | + | Page 67, line 37, strike "but". | |
4759 | + | Page 67, line 38, strike "who is not a member of the general | |
4760 | + | assembly". | |
4761 | + | Page 68, delete lines 17 through 42. | |
4762 | + | Delete pages 69 through 71. | |
4763 | + | Page 72, delete lines 1 through 8, begin a new paragraph and insert: | |
4764 | + | "SECTION 153. IC 33-38-9.5-2, AS AMENDED BY P.L.114-2022, | |
3392 | 4765 | SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
3393 | 4766 | UPON PASSAGE]: Sec. 2. (a) The justice reinvestment advisory | |
3394 | 4767 | council is established. The advisory council consists of the following | |
3395 | 4768 | members: | |
3396 | 4769 | (1) The executive director of the Indiana public defender council | |
3397 | 4770 | or the executive director's designee. | |
3398 | 4771 | (2) The executive director of the Indiana prosecuting attorneys | |
3399 | 4772 | council or the executive director's designee. | |
3400 | 4773 | (3) The director of the division of mental health and addiction or | |
3401 | 4774 | the director's designee. | |
3402 | 4775 | (4) The president of the Indiana Sheriffs' Association or the | |
3403 | 4776 | president's designee. | |
3404 | 4777 | (5) The commissioner of the Indiana department of correction or | |
3405 | 4778 | the commissioner's designee. | |
3406 | 4779 | (6) The chief administrative officer of the office of judicial | |
3407 | 4780 | administration or the chief administrative officer's designee. | |
3408 | 4781 | (7) The executive director of the Indiana criminal justice institute | |
3409 | 4782 | or the executive director's designee. | |
3410 | 4783 | (8) The president of the Indiana Association of Community | |
3411 | 4784 | Corrections Act Counties or the president's designee. | |
3412 | 4785 | (9) The president of the Probation Officers Professional | |
3413 | 4786 | Association of Indiana or the president's designee. | |
3414 | 4787 | (10) The budget director or the budget director's designee. | |
3415 | 4788 | (11) The executive director of the Association of Indiana Counties | |
3416 | 4789 | or the executive director's designee. | |
3417 | 4790 | (12) The president of the Indiana Judges Association or the | |
3418 | 4791 | president's designee. | |
3419 | 4792 | (13) The chair of the Indiana public defender commission or the | |
3420 | 4793 | chair's designee. | |
3421 | 4794 | (14) The chair of the senate corrections and criminal law | |
3422 | 4795 | committee or the chair's designee. | |
3423 | 4796 | (15) The ranking minority member of the senate corrections and | |
3424 | 4797 | criminal law committee or the ranking minority member's | |
3425 | 4798 | designee. | |
4799 | + | EH 1026—LS 6162/DI 92 112 | |
3426 | 4800 | (16) The chair of the house courts and criminal code committee | |
3427 | 4801 | or the chair's designee. | |
3428 | 4802 | (17) The ranking minority member of the house courts and | |
3429 | 4803 | criminal code committee or the ranking minority member's | |
3430 | 4804 | designee. | |
3431 | 4805 | (18) The governor or the governor's designee. | |
3432 | 4806 | (19) The president and chief executive officer of the Indiana | |
3433 | - | HEA 1026 — Concur 81 | |
3434 | 4807 | Council of Community Mental Health Centers or the president | |
3435 | 4808 | and chief executive officer's designee. | |
3436 | 4809 | (20) The president and chief executive officer of Mental Health | |
3437 | 4810 | America of Indiana or the president and chief executive officer's | |
3438 | 4811 | designee. | |
3439 | 4812 | (b) The chief justice or the chief justice's designee shall serve as | |
3440 | 4813 | chairperson of the advisory council. | |
3441 | 4814 | (c) The duties of the advisory council include: | |
3442 | 4815 | (1) reviewing and evaluating state and local criminal justice | |
3443 | 4816 | systems and corrections programs, including pretrial services, | |
3444 | 4817 | behavioral health treatment and recovery services, community | |
3445 | 4818 | corrections, county jails, parole, and probation services; | |
3446 | 4819 | (2) reviewing the processes used by the department of correction | |
3447 | 4820 | and the division of mental health and addiction in awarding | |
3448 | 4821 | grants; | |
3449 | 4822 | (3) reviewing and evaluating jail overcrowding to identify a range | |
3450 | 4823 | of possible solutions; | |
3451 | 4824 | (4) coordinating with other criminal justice funding sources; | |
3452 | 4825 | (5) establishing committees to inform the work of the advisory | |
3453 | 4826 | council; and | |
3454 | 4827 | (6) performing other relevant duties as determined by the advisory | |
3455 | 4828 | council. | |
3456 | 4829 | (d) The advisory council may make recommendations to: | |
3457 | 4830 | (1) the department of correction, community corrections advisory | |
3458 | 4831 | boards, and the division of mental health and addiction | |
3459 | 4832 | concerning the award of grants; | |
3460 | 4833 | (2) criminal justice systems and corrections programs concerning | |
3461 | 4834 | best practices to improve outcomes of persons under supervision; | |
3462 | 4835 | (3) the Indiana general assembly concerning legislation and | |
3463 | 4836 | funding for criminal justice initiatives; | |
3464 | 4837 | (4) the Indiana criminal justice institute concerning criminal | |
3465 | 4838 | justice funding priorities; | |
3466 | 4839 | (5) the office of judicial administration concerning veterans | |
3467 | 4840 | problem-solving court grants; and | |
3468 | 4841 | (6) the county sheriffs concerning strategies to address jail | |
4842 | + | EH 1026—LS 6162/DI 92 113 | |
3469 | 4843 | overcrowding and implementing evidence based practices for | |
3470 | 4844 | reducing recidivism for individuals in county jails. | |
3471 | 4845 | (e) The office of judicial administration shall staff the advisory | |
3472 | 4846 | council. | |
3473 | 4847 | (f) The expenses of the advisory council shall be paid by the office | |
3474 | 4848 | of judicial administration from funds appropriated to the office of | |
3475 | 4849 | judicial administration for the administrative costs of the justice | |
3476 | - | HEA 1026 — Concur 82 | |
3477 | 4850 | reinvestment advisory council. | |
3478 | 4851 | (g) A member of the advisory council is not entitled to the minimum | |
3479 | 4852 | salary per diem provided by IC 4-10-11-2.1(b). The member is, | |
3480 | 4853 | however, entitled to reimbursement for traveling expenses as provided | |
3481 | 4854 | under IC 4-13-1-4 and other expenses actually incurred in connection | |
3482 | 4855 | with the member's duties as provided in the state policies and | |
3483 | 4856 | procedures established by the Indiana department of administration and | |
3484 | 4857 | approved by the budget agency. | |
3485 | 4858 | (h) (f) The affirmative votes of a majority of the voting members | |
3486 | 4859 | appointed to the advisory council are required for the advisory council | |
3487 | 4860 | to take action on any measure. | |
3488 | 4861 | (i) (g) The advisory council shall meet as necessary to: | |
3489 | 4862 | (1) work with the department of correction and the division of | |
3490 | 4863 | mental health and addiction to establish the grant criteria and | |
3491 | 4864 | grant reporting requirements described in subsection (m); (k); | |
3492 | 4865 | (2) review grant applications; | |
3493 | 4866 | (3) make recommendations and provide feedback to the | |
3494 | 4867 | department of correction and the division of mental health and | |
3495 | 4868 | addiction concerning grants to be awarded; | |
3496 | 4869 | (4) review grants awarded by the department of correction and the | |
3497 | 4870 | division of mental health and addiction; and | |
3498 | 4871 | (5) suggest areas and programs in which the award of future | |
3499 | 4872 | grants might be beneficial. | |
3500 | 4873 | (j) (h) The advisory council, in conjunction with the Indiana | |
3501 | 4874 | criminal justice institute, shall jointly issue an annual report under | |
3502 | 4875 | IC 5-2-6-24. | |
3503 | 4876 | (k) (i) The advisory council shall review the composition of the | |
3504 | 4877 | community corrections advisory board described in IC 11-12-2-2 and | |
3505 | 4878 | make a recommendation to the legislative council in an electronic | |
3506 | 4879 | format under IC 5-14-6 before November 1, 2022, regarding how to | |
3507 | 4880 | reduce the membership of a community corrections advisory board and | |
3508 | 4881 | the recommended membership for a community corrections advisory | |
3509 | 4882 | board. | |
3510 | 4883 | (l) (j) Any entity that receives funds: | |
3511 | 4884 | (1) recommended by the advisory council; and | |
4885 | + | EH 1026—LS 6162/DI 92 114 | |
3512 | 4886 | (2) appropriated by the department of correction; | |
3513 | 4887 | for the purpose of providing additional treatment or supervision | |
3514 | 4888 | services shall provide the information described in subsection (m) (k) | |
3515 | 4889 | to the department of correction to aid in the compilation of the report | |
3516 | 4890 | described in subsection (j). (h). | |
3517 | 4891 | (m) (k) The department of correction shall provide the advisory | |
3518 | 4892 | council with the following information: | |
3519 | - | HEA 1026 — Concur 83 | |
3520 | 4893 | (1) The total number of participants, categorized by level of most | |
3521 | 4894 | serious offense, who were served by the entity through funds | |
3522 | 4895 | described in subsection (l). (j). | |
3523 | 4896 | (2) The percentage of participants, categorized by level of most | |
3524 | 4897 | serious offense, who completed a treatment program, service, or | |
3525 | 4898 | level of supervision. | |
3526 | 4899 | (3) The percentage of participants, categorized by level of most | |
3527 | 4900 | serious offense, who were discharged from a treatment program, | |
3528 | 4901 | service, or level of supervision. | |
3529 | 4902 | (4) The percentage of participants, categorized by level of most | |
3530 | 4903 | serious offense, who: | |
3531 | 4904 | (A) completed a funded treatment program, service, or level of | |
3532 | 4905 | supervision; and | |
3533 | 4906 | (B) were subsequently committed to the department of | |
3534 | 4907 | correction; | |
3535 | 4908 | within twenty-four (24) months after completing the funded | |
3536 | 4909 | treatment program, service, or level of supervision. | |
3537 | 4910 | (5) The percentage of participants, categorized by level of most | |
3538 | 4911 | serious offense, who were: | |
3539 | 4912 | (A) discharged from a funded treatment program, service, or | |
3540 | 4913 | level of supervision; and | |
3541 | 4914 | (B) subsequently committed to the department of correction; | |
3542 | 4915 | within twenty-four (24) months after being discharged from the | |
3543 | 4916 | funded treatment program, service, or level of supervision. | |
3544 | 4917 | (6) The total number of participants who completed a funded | |
3545 | 4918 | treatment program, service, or level of supervision. | |
3546 | 4919 | (7) The total number of participants who: | |
3547 | 4920 | (A) completed a funded treatment program, service, or level of | |
3548 | 4921 | supervision; and | |
3549 | 4922 | (B) were legally employed. | |
3550 | 4923 | (8) Any other information relevant to the funding of the entity as | |
3551 | - | described in subsection (l). (j). | |
3552 | - | SECTION 153. IC 33-38-9.5-2.1 IS ADDED TO THE INDIANA | |
3553 | - | CODE AS A NEW SECTION TO READ AS FOLLOWS | |
3554 | - | [EFFECTIVE UPON PASSAGE]: Sec. 2.1. The justice reinvestment | |
3555 | - | advisory council established under section 2 of this chapter shall | |
3556 | - | meet at the call of the chair. | |
3557 | - | SECTION 154. IC 33-38-9.5-2.5 IS ADDED TO THE INDIANA | |
4924 | + | described in subsection (l). (j).". | |
4925 | + | Page 72, delete lines 14 through 25, begin a new paragraph and | |
4926 | + | insert: | |
4927 | + | "SECTION 155. IC 33-38-9.5-2.5 IS ADDED TO THE INDIANA | |
4928 | + | EH 1026—LS 6162/DI 92 115 | |
3558 | 4929 | CODE AS A NEW SECTION TO READ AS FOLLOWS | |
3559 | 4930 | [EFFECTIVE UPON PASSAGE]: Sec. 2.5. (a) Except as provided in | |
3560 | 4931 | subsection (e), a member of the advisory council is not entitled to | |
3561 | 4932 | the minimum salary per diem provided by IC 4-10-11-2.1(b). | |
3562 | - | HEA 1026 — Concur 84 | |
3563 | 4933 | (b) A member of the advisory council who is a state employee is | |
3564 | 4934 | entitled to reimbursement for traveling expenses as provided under | |
3565 | 4935 | IC 4-13-1-4 and other expenses actually incurred in connection | |
3566 | 4936 | with the member's duties as provided in the state policies and | |
3567 | 4937 | procedures established by the Indiana department of | |
3568 | 4938 | administration and approved by the budget agency. | |
3569 | 4939 | (c) A member of the advisory council who is not a state | |
3570 | 4940 | employee is entitled to reimbursement for mileage, traveling | |
3571 | 4941 | expenses as provided under IC 4-13-1-4, and other expenses | |
3572 | 4942 | actually incurred in connection with the member's duties as | |
3573 | 4943 | provided in the state policies and procedures established by the | |
3574 | 4944 | Indiana department of administration and approved by the budget | |
3575 | 4945 | agency. | |
3576 | 4946 | (d) Except as provided in subsection (e), the expenses of the | |
3577 | 4947 | advisory council shall be paid by the office of judicial | |
3578 | 4948 | administration from funds appropriated to the office of judicial | |
3579 | 4949 | administration for the administrative costs of the justice | |
3580 | 4950 | reinvestment advisory council. | |
3581 | 4951 | (e) Each member of the advisory council who is a member of the | |
3582 | 4952 | general assembly is entitled to receive the same per diem, mileage, | |
3583 | 4953 | and travel allowances paid to legislative members of interim study | |
3584 | 4954 | committees established by the legislative council. Per diem, | |
3585 | 4955 | mileage, and travel allowances paid under this subsection shall be | |
3586 | 4956 | paid from appropriations made to the legislative council or the | |
3587 | - | legislative services agency. | |
3588 | - | SECTION 155. IC 33-40-5-3 IS AMENDED TO READ AS | |
3589 | - | FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. (a) The members | |
3590 | - | of the commission shall designate one (1) member of the commission | |
3591 | - | as chairperson. | |
3592 | - | (b) The term of office of each member of the commission is four (4) | |
3593 | - | years. A vacancy occurring among the members of the commission | |
3594 | - | before the expiration of a term shall be filled in the same manner as the | |
3595 | - | original appointment. An appointment to fill a vacancy occurring | |
3596 | - | before the expiration of a term is for the remainder of the unexpired | |
3597 | - | term. | |
3598 | - | (c) Each member of the commission who is a state employee is | |
3599 | - | entitled to reimbursement for traveling expenses and other expenses | |
3600 | - | actually incurred in connection with the member's duties, as provided | |
3601 | - | in the state travel policies and procedures established by the Indiana | |
3602 | - | department of administration and approved by the budget agency. | |
3603 | - | (d) A member of the commission who is not a state employee is | |
3604 | - | entitled to: | |
3605 | - | HEA 1026 — Concur 85 | |
3606 | - | (1) the minimum salary per diem provided by IC 4-10-11-2.1(b); | |
3607 | - | and | |
3608 | - | (2) reimbursement for mileage, traveling expenses, and other | |
3609 | - | expenses actually incurred in connection with the member's | |
3610 | - | duties, as provided in the state travel policies and procedures | |
3611 | - | established by the Indiana department of administration and | |
3612 | - | approved by the budget agency. | |
3613 | - | (e) Each member of the commission who is a member of the | |
3614 | - | general assembly is entitled to receive the same per diem, mileage, | |
3615 | - | and travel allowances paid to legislative members of interim study | |
3616 | - | committees established by the legislative council. Per diem, | |
3617 | - | mileage, and travel allowances paid under this subsection shall be | |
3618 | - | paid from appropriations made to the legislative council or the | |
3619 | - | legislative services agency. | |
3620 | - | (f) Expenses paid under subsections (c) and (d) shall be paid | |
3621 | - | from appropriations made to the commission. | |
3622 | - | (e) (g) The commission shall meet at least quarterly and at times | |
3623 | - | called by the chairperson or at the request of three (3) commission | |
3624 | - | members. | |
3625 | - | SECTION 156. IC 33-40-5-3.5 IS ADDED TO THE INDIANA | |
4957 | + | legislative services agency.". | |
4958 | + | Page 72, line 30, strike "The term of office of each member of the | |
4959 | + | commission is four (4)". | |
4960 | + | Page 72, line 31, strike "years.". | |
4961 | + | Page 73, between lines 19 and 20, begin a new paragraph and insert: | |
4962 | + | "SECTION 157. IC 33-40-5-3.5 IS ADDED TO THE INDIANA | |
3626 | 4963 | CODE AS A NEW SECTION TO READ AS FOLLOWS | |
3627 | 4964 | [EFFECTIVE UPON PASSAGE]: Sec. 3.5. (a) A legislative member | |
3628 | 4965 | of the commission serves a two (2) year term that expires June 30 | |
3629 | 4966 | of an odd-numbered year. | |
3630 | 4967 | (b) A member of the commission appointed under section | |
3631 | 4968 | 2(b)(1) through 2(b)(3) of this chapter serves a four (4) year term | |
3632 | 4969 | that expires June 30, 2025, and each fourth year thereafter. | |
3633 | 4970 | (c) A member of the commission serves at the pleasure of the | |
3634 | - | appointing authority and may be reappointed to successive terms. | |
3635 | - | SECTION 157. An emergency is declared for this act. | |
3636 | - | HEA 1026 — Concur Speaker of the House of Representatives | |
3637 | - | President of the Senate | |
3638 | - | President Pro Tempore | |
3639 | - | Governor of the State of Indiana | |
3640 | - | Date: Time: | |
3641 | - | HEA 1026 — Concur | |
4971 | + | EH 1026—LS 6162/DI 92 116 | |
4972 | + | appointing authority and may be reappointed to successive terms.". | |
4973 | + | Renumber all SECTIONS consecutively. | |
4974 | + | and when so amended that said bill do pass. | |
4975 | + | (Reference is to HB 1026 as introduced.) | |
4976 | + | MILLER D | |
4977 | + | Committee Vote: yeas 10, nays 0. | |
4978 | + | _____ | |
4979 | + | COMMITTEE REPORT | |
4980 | + | Madam President: The Senate Committee on Judiciary, to which | |
4981 | + | was referred House Bill No. 1026, has had the same under | |
4982 | + | consideration and begs leave to report the same back to the Senate with | |
4983 | + | the recommendation that said bill be AMENDED as follows: | |
4984 | + | Page 41, line 30, delete "monthly." and insert "annually.". | |
4985 | + | and when so amended that said bill do pass. | |
4986 | + | (Reference is to HB 1026 as printed January 16, 2024.) | |
4987 | + | BROWN L, Chairperson | |
4988 | + | Committee Vote: Yeas 9, Nays 0. | |
4989 | + | EH 1026—LS 6162/DI 92 |