Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1026
AN ACT to amend the Indiana Code concerning general provisions.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 1-1-4-8 IS ADDED TO THE INDIANA CODE AS
A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON
PASSAGE]: Sec. 8. For purposes of a statute providing for the
reimbursement of the expenses incurred by an individual serving
as a member of a task force, a commission, a committee, or another
body (however designated), a member of the general assembly is
not considered a state employee.
SECTION 2. IC 2-5-1.1-10 IS REPEALED [EFFECTIVE UPON
PASSAGE]. Sec. 10. (a) The Indiana code revision commission is
established. The commission shall function as an advisory body to the
legislative council. In that capacity, the commission shall:
(1) assist the council in supervising the compilation,
computerization, indexing, and printing of the Indiana Code;
(2) assist the council in developing standards for the codification
and revision of statutes to make those statutes clear, concise, and
easy to interpret and to apply;
(3) assist the council, as required by IC 4-22-8-11, with the
publication of the Indiana Register and in the compilation,
computerization, indexing, and printing of the Indiana
Administrative Code;
(4) assist the council, as required by IC 4-22-2-42, in developing
and revising standards, techniques, format, and numbering system
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to be used in drafting rules for promulgation;
(5) assist the council in developing and revising standards,
techniques, and format to be used when preparing legislation for
consideration by the Indiana general assembly; and
(6) assist the council with any other related tasks assigned to the
commission by the council.
(b) The commission consists of the following members:
(1) Four (4) members of the house of representatives, not more
than two (2) of whom are members of the same political party, to
be appointed by the speaker of the house of representatives.
(2) Four (4) members of the senate, not more than two (2) of
whom are members of the same political party, to be appointed by
the president pro tempore of the senate.
(3) The chief justice of Indiana or the chief justice's designee.
(4) The chief judge of the Indiana court of appeals or the chief
judge's designee.
(5) The Indiana attorney general or the attorney general's
designee.
(6) An attorney admitted to the practice of law before the Indiana
supreme court selected by the chairman of the council.
(7) A present or former professor of law selected by the chairman
of the council.
(8) The Indiana secretary of state or the secretary of state's
designee.
(9) An individual appointed by the governor.
Appointive members of the commission shall be appointed to serve a
term of two (2) years or until their successors are appointed and
qualified. However, an appointing authority may replace a member
appointed under subsection (b)(1) or (b)(2) at any time during the
member's term.
(c) IC 2-5-1.2-8.5 applies to the appointment of a chair and a
vice-chair of the commission.
(d) Commission members serve without compensation other than
per diem and travel allowance as authorized for legislative study
committees.
(e) The commission shall meet as often as is necessary to properly
perform its duties.
(f) The council may direct the legislative services agency to provide
such clerical, research, and administrative personnel and other
assistance as the council considers necessary to enable the commission
to properly perform its duties.
(g) Subject to the authorization of the council, the expenses incurred
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by the commission in performing its duties shall be paid from the funds
appropriated to the council.
SECTION 3. IC 2-5-1.2-4, AS AMENDED BY P.L.53-2014,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4. "Committee" refers to a commission, a task
force, a committee, or another body (however designated) established
under this article. including a subcommittee established under
IC 2-5-1.3-12 and a committee established under IC 2-5-1.3-14.
SECTION 4. IC 2-5-1.2-8.6 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 8.6. (a) Subject to subsections (b) and (c),
a member of a committee serves a two (2) year term that expires on
June 30 of an odd-numbered year. A member may be reappointed
to serve successive terms.
(b) A member of a committee serves at the pleasure of the
appointing authority.
(c) A member of a committee established by statute in an
even-numbered year serves a one (1) year term that expires on
June 30 of the following year.
SECTION 5. IC 2-5-1.2-11, AS ADDED BY P.L.220-2011,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 11. (a) Each member of a committee who is
not a state employee is entitled to receive the same per diem, mileage,
and travel allowances paid to individuals who serve as legislative and
lay members, respectively, of interim study committees established by
the legislative council.
(b) Each member of a committee who is a state employee is
entitled to reimbursement for traveling expenses as provided under
IC 4-13-1-4 and other expenses actually incurred in connection
with the member's duties as provided in the state policies and
procedures established by the Indiana department of
administration and approved by the budget agency.
(c) Each member of a committee who is a member of the general
assembly is entitled to receive the same per diem, mileage, and
travel allowances paid to members of the general assembly serving
on interim study committees established by the legislative council.
(d) Per diem, mileage, and travel allowances paid under this
chapter shall be paid from appropriations made to the legislative
council or the legislative services agency.
SECTION 6. IC 2-5-1.4 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
PASSAGE]:
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Chapter 1.4. Code Revision Committee
Sec. 1. As used in this chapter, "committee" refers to the code
revision committee described in section 3 of this chapter.
Sec. 2. As used in this chapter, "council" refers to the legislative
council created by IC 2-5-1.1-1.
Sec. 3. The Indiana code revision commission established by
IC 2-5-1.1-10 (before its repeal) is hereby renamed and shall be
known as the code revision committee. The committee is an
advisory body to the council. In that capacity, the committee shall:
(1) assist the council in supervising the compilation,
computerization, indexing, and printing of the Indiana Code;
(2) assist the council in developing standards for the
codification and revision of statutes to make those statutes
clear, concise, and easy to interpret and to apply;
(3) assist the council, as required by IC 4-22-8-11, with the
publication of the Indiana Register and in the compilation,
computerization, indexing, and printing of the Indiana
Administrative Code;
(4) assist the council, as required by IC 4-22-2-42, in
developing and revising standards, techniques, format, and
numbering system to be used in drafting rules for
promulgation;
(5) assist the council in developing and revising standards,
techniques, and format to be used when preparing legislation
for consideration by the Indiana general assembly; and
(6) assist the council with any other related tasks assigned to
the committee by the council.
Sec. 4. The committee consists of the following members:
(1) Four (4) members of the house of representatives, not
more than two (2) of whom are members of the same political
party, to be appointed by the speaker of the house of
representatives.
(2) Four (4) members of the senate, not more than two (2) of
whom are members of the same political party, to be
appointed by the president pro tempore of the senate.
(3) The chief justice of Indiana or the chief justice's designee.
(4) The chief judge of the Indiana court of appeals or the chief
judge's designee.
(5) The Indiana attorney general or the attorney general's
designee.
(6) An attorney admitted to the practice of law before the
Indiana supreme court selected by the chairperson of the
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council.
(7) A present or former professor of law selected by the
chairperson of the council.
(8) The Indiana secretary of state or the secretary of state's
designee.
(9) An individual appointed by the governor.
Sec. 5. Members of the committee serve a term of two (2) years
that expires June 30 of an odd-numbered year or until their
successors are appointed and qualified. A member of the
committee may be reappointed to successive terms. Members of the
committee serve at the pleasure of the appointing authority.
Sec. 6. The committee is subject to IC 2-5-1.2 and the policies
and rules of the council.
SECTION 7. IC 2-5-16.1-1, AS ADDED BY P.L.231-2019,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1. As used in this chapter, "commission"
"committee" refers to the probate code study commission committee
established by section 2 of this chapter.
SECTION 8. IC 2-5-16.1-2, AS ADDED BY P.L.231-2019,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. The probate code study commission
committee is established.
SECTION 9. IC 2-5-16.1-3, AS AMENDED BY P.L.154-2022,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. (a) The commission committee has the
following membership:
(1) Nine (9) members appointed by the governor that meet the
following requirements:
(A) Each Indiana congressional district must be represented by
at least one (1) member appointed under this subdivision who
is a resident of that congressional district.
(B) One (1) member must work in the trust department of a
bank, trust company, savings institution, or credit union
chartered and supervised under IC 28 or federal law.
(C) One (1) member must be an attorney licensed in Indiana
who primarily practices in the area of creditors' rights.
(D) One (1) member must be an attorney licensed in Indiana
who practices in the area of estate planning.
(E) One (1) member must be an attorney licensed in Indiana
who practices in the area of guardianships.
(F) One (1) member must be an attorney licensed in Indiana
who practices in the area of trusts.
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(G) One (1) member must be an attorney licensed in Indiana
who practices in the area of probate of estates.
(H) One (1) member must be an attorney licensed in Indiana
who practices in the area of probate litigation.
(I) One (1) member must be an Indiana trial court judge,
full-time magistrate, or full-time commissioner whose
jurisdiction includes probate.
(J) One (1) member must be an active or retired faculty
member of an Indiana institution of higher learning who
specializes in the field of estate planning and probate.
(2) Three (3) members appointed by the president pro tempore of
the senate from among the members of the senate, not more than
two (2) of whom may be affiliated with the same political party.
(3) Three (3) members appointed by the speaker of the house of
representatives from among the members of the house of
representatives, not more than two (2) of whom may be affiliated
with the same political party.
(4) The chief justice of the supreme court or a designee of the
chief justice, who shall serve as a nonvoting member.
(b) If a legislative member of the commission committee ceases to
be a member of the chamber from which the member was appointed,
the person ceases to be a member of the commission. committee.
(c) The term of a legislative member is two (2) years. A legislative
member's term expires on June 30 of an odd-numbered year. The
term of a member appointed by the governor is four (4) years and
expires as follows:
(1) For a member appointed under subsection (a)(1)(B)
through (a)(1)(F), June 30, 2025, and every fourth year
thereafter.
(2) For a member appointed under subsection (a)(1)(G)
through (a)(1)(J), June 30, 2027, and every fourth year
thereafter.
A member of the committee may be reappointed to successive
terms.
(d) If:
(1) the term of a member expires;
(2) the member is not reappointed; and
(3) a successor is not appointed;
the term of the member continues until a successor is appointed.
(e) All initial appointments to the probate code study commission
must be made no later than July 1, 2019.
SECTION 10. IC 2-5-16.1-3.5 IS ADDED TO THE INDIANA
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CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 3.5. Except as otherwise
provided in this chapter, the committee is subject to IC 2-5-1.2 and
the policies and rules of the legislative council.
SECTION 11. IC 2-5-16.1-4 IS REPEALED [EFFECTIVE UPON
PASSAGE]. Sec. 4. (a) For calendar year 2019 and every fourth year
thereafter, the president pro tempore of the senate shall appoint a
chairperson and a vice chairperson from among the commission's
legislative members, each to serve a term of two (2) years.
(b) For calendar year 2021 and every fourth year thereafter, the
speaker of the house of representatives shall appoint a chairperson and
a vice chairperson from among the commission's legislative members,
each to serve a term of two (2) years.
SECTION 12. IC 2-5-16.1-5 IS REPEALED [EFFECTIVE UPON
PASSAGE]. Sec. 5. (a) A vacancy on the commission shall be filled by
the original appointing authority.
(b) If the office of chairperson or vice chairperson of the
commission becomes vacant, the commission shall elect a person to fill
the vacancy from among the legislative members of the commission.
SECTION 13. IC 2-5-16.1-6, AS AMENDED BY P.L.154-2022,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 6. (a) A quorum for a meeting of the
commission committee is determined as follows:
STEP ONE: Determine the total number of members currently
serving on the commission. committee.
STEP TWO: Divide the number determined in STEP ONE by two
(2). If the quotient is not a whole number, round the quotient up
to the nearest whole number.
STEP THREE: Add one (1) member to the quotient determined
in STEP TWO.
(b) The affirmative votes of at least eight (8) voting members of the
commission committee are required for the commission committee to
take final action.
SECTION 14. IC 2-5-16.1-7, AS ADDED BY P.L.231-2019,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 7. Subject to applicable statutes and policies
established by the legislative council, the commission, committee, by
resolution, may adopt rules and create committees, subcommittees,
consisting of its members, necessary for the proper conduct of its
business.
SECTION 15. IC 2-5-16.1-8 IS REPEALED [EFFECTIVE UPON
PASSAGE]. Sec. 8. Each legislative member and each lay member of
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the commission is entitled to receive the same per diem, mileage, and
travel allowances paid to individuals serving as legislative and lay
members, respectively, on an interim study committee established by
the legislative council.
SECTION 16. IC 2-5-16.1-9 IS REPEALED [EFFECTIVE UPON
PASSAGE]. Sec. 9. The legislative services agency shall provide staff
to support the commission.
SECTION 17. IC 2-5-16.1-10 IS REPEALED [EFFECTIVE UPON
PASSAGE]. Sec. 10. Funds necessary to carry out this chapter shall be
allotted to the commission from funds appropriated to the legislative
council.
SECTION 18. IC 2-5-16.1-11, AS ADDED BY P.L.231-2019,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 11. Subject to standards set by statute and the
policies established by the legislative council, the commission
committee may accept money or services from any public or private
source to carry out this chapter.
SECTION 19. IC 2-5-16.1-12 IS REPEALED [EFFECTIVE UPON
PASSAGE]. Sec. 12. The commission shall submit reports in an
electronic format under IC 5-14-6 to the legislative council as and
when requested by the council.
SECTION 20. IC 2-5-16.1-13, AS ADDED BY P.L.231-2019,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 13. The commission committee shall carry
out a program to study and recommend to the general assembly needed
changes in the following:
(1) The probate code (IC 29-1).
(2) The trust code (IC 30-4).
(3) Any other statute affecting the administration of a decedent's
estate, guardianship, probate jurisdiction, trust, or fiduciary.
SECTION 21. IC 2-5-16.1-14, AS ADDED BY P.L.231-2019,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 14. The legislative council may refer any
issue related to probate or trusts and fiduciaries to the commission
committee for study. If a matter is referred to the commission
committee under this section, the commission committee shall study
that matter and report in an electronic format under IC 5-14-6 to the
legislative council as requested by the council.
SECTION 22. IC 2-5-35-3, AS ADDED BY P.L.53-2012,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. The commission is comprised of the
following members:
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(1) A member of the senate appointed by the president pro
tempore of the senate.
(2) A member of the senate appointed by the minority leader of
the senate.
(3) A member of the house of representatives appointed by the
speaker of the house of representatives.
(4) A member of the house of representatives appointed by the
minority leader of the house of representatives.
(5) The revisor of statutes of the general assembly or the
revisor's designee.
(6) A current or former law professor with expertise in
commercial law appointed by the chief justice of Indiana.
(7) Five (5) members appointed by the governor, not more than
three (3) of whom may be from the same political party.
SECTION 23. IC 2-5-35-5, AS ADDED BY P.L.53-2012,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 5. (a) A member of the commission is entitled
to reimbursement of actual expenses that are:
(1) incurred by the member in participating on the commission
under this chapter; and
(2) not reimbursed from any other source.
Participation on the commission under this chapter includes attending
the annual meeting of the National Conference of Commissioners on
Uniform State Laws.
(b) Expenses incurred by members in participating on the
commission under this chapter shall be reimbursed as follows:
(1) The expenses of members appointed under section 3(1)
through 3(4) of this chapter shall be reimbursed from money
appropriated to the senate, the house of representatives, the
legislative council, or the legislative services agency.
(2) The expenses of the revisor of statutes or the revisor's
designee under section 3(5) of this chapter shall be reimbursed
from funds appropriated to the legislative services agency.
(3) The expenses of members appointed under section 3(6) and
3(7) of this chapter shall be reimbursed from money appropriated
to the commission.
SECTION 24. IC 2-5-54 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
PASSAGE]:
Chapter 54. Medicaid Oversight Committee
Sec. 1. As used in this chapter, "oversight committee" refers to
the Medicaid oversight committee established by section 2 of this
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chapter.
Sec. 2. The Medicaid oversight committee is established.
Sec. 3. The oversight committee consists of the following
members:
(1) The chairperson of the house ways and means committee.
(2) The ranking minority member of the house ways and
means committee.
(3) One (1) member of the house ways and means committee
who is appointed by the speaker of the house of
representatives.
(4) The chairperson of the house public health committee.
(5) The chairperson of the senate appropriations committee.
(6) The chairperson of the senate tax and fiscal policy
committee.
(7) The ranking minority member of the senate
appropriations committee.
(8) The chairperson of the senate health and provider services
committee.
(9) The director of the office of management and budget, or
the director's designee.
(10) The secretary of the family and social services
administration, or the secretary's designee.
Sec. 4. The oversight committee shall review, consider, and
make recommendations concerning all requests for new services
and changes in existing services for the Medicaid program.
Sec. 5. The oversight committee shall operate under IC 2-5-1.2,
IC 2-5-1.3, and the policies and rules of the legislative council.
Sec. 6. A member of the committee serves at the pleasure of the
appointing authority. A member of the committee appointed under
IC 12-15-47.3 (before its repeal) serves a (2) two year term that
expires on June 30, 2025. A member may be reappointed to
successive terms.
SECTION 25. IC 4-3-25-4, AS AMENDED BY P.L.43-2021,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4. (a) The commission consists of the
following twenty (20) members:
(1) A member of the governor's staff appointed by the governor.
(2) An appellate or trial court judge appointed by the chief justice
of the supreme court to serve on the commission for a term of four
(4) years.
(3) One (1) legislative member appointed by the president pro
tempore of the senate.
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(4) One (1) legislative member appointed by the minority leader
of the senate.
(5) One (1) legislative member appointed by the speaker of the
house of representatives.
(6) One (1) legislative member appointed by the minority leader
of the house of representatives.
(7) The secretary of education.
(8) The director of the department of child services.
(9) The executive director of the Indiana prosecuting attorneys
council.
(10) The executive director of the public defender council of
Indiana.
(11) The secretary of family and social services.
(12) The state health commissioner.
(13) The commissioner of the department of correction.
(14) The superintendent of the state police department.
(15) The director of the office of management and budget or the
budget director, as selected by the governor.
(16) The executive director of the Indiana criminal justice
institute.
(17) The executive director of the professional licensing agency.
(18) The attorney general, who shall serve as a nonvoting
member.
(19) One (1) member at large appointed by the governor. The
member appointed under this subdivision serves at the
pleasure of the governor and may be reappointed to
successive terms.
(20) The executive director of the Indiana housing and
community development authority.
(b) Each legislative member of the commission serves a two (2)
year term ending June 30 of each odd-numbered year. A legislative
member of the commission may be reappointed to successive
terms. The member appointed under subsection (a)(19) serves a
four (4) year term ending December 31, 2025, and each fourth year
thereafter.
SECTION 26. IC 4-3-25-6, AS ADDED BY P.L.7-2016, SECTION
1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON
PASSAGE]: Sec. 6. (a) A legislative member of the commission may
be removed at any time by the appointing authority who appointed the
legislative member.
(b) If a vacancy exists on the commission, the appointing authority
who appointed the member whose position has become vacant shall
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appoint an individual to fill the vacancy.
(c) An individual appointed to fill a vacancy serves on the
commission for the remainder of the unexpired term of the
individual's predecessor.
SECTION 27. IC 4-3-25-7, AS ADDED BY P.L.7-2016, SECTION
1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON
PASSAGE]: Sec. 7. (a) Each member of the commission who is not a
state employee is not entitled to the minimum salary per diem provided
under IC 4-10-11-2.1(b). The member is, however, entitled to
reimbursement for mileage, traveling expenses as provided under
IC 4-13-1-4, and other expenses actually incurred in connection with
the member's duties as provided in the state policies and procedures
established by the Indiana department of administration and approved
by the budget agency.
(b) Each member of the commission who is a state employee but
who is not a member of the general assembly is entitled to
reimbursement for traveling expenses as provided under IC 4-13-1-4
and other expenses actually incurred in connection with the member's
duties as provided in the state policies and procedures established by
the Indiana department of administration and approved by the budget
agency.
(c) Each member of the commission who is a member of the general
assembly is entitled to receive the same per diem, mileage, and travel
allowances paid to legislative members of interim study committees
established by the legislative council. Per diem, mileage, and travel
allowances paid under this subsection shall be paid from appropriations
made to the legislative council or the legislative services agency.
(d) Expenses paid under subsections (a) and (b) shall be paid
from appropriations made to the family and social services
administration.
SECTION 28. IC 4-3-27-3.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3.5. The cabinet shall meet at the call of the
chairperson.
SECTION 29. IC 4-3-27-6, AS AMENDED BY P.L.132-2020,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 6. (a) Except as provided in subsections (b)
and (c), members shall be appointed to the cabinet for two (2) four (4)
year terms. The terms must be staggered so that the terms of half of the
members expire each year. A four (4) year term expires as follows:
(1) For a member appointed under section 5(a)(9) through
5(a)(17) of this chapter, December 31, 2025, and every fourth
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year thereafter.
(2) For a member appointed under section 5(a)(18) through
5(a)(23) of this chapter or under section 5(a)(28) of this
chapter, December 31, 2027, and every fourth year thereafter.
The governor must rotate appointments described in section 5(a)(9) and
5(a)(10) of this chapter so that the same research university,
comprehensive university, or independent college is not represented on
the cabinet for two (2) consecutive terms.
(b) The members of the general assembly appointed under
section 5(a)(26) or 5(a)(27) of this chapter serve two (2) year terms
that expire June 30 of an odd-numbered year. The appropriate
appointing authority shall fill a vacancy among the legislative
members of the cabinet.
(c) The chairperson appointed under section 5 of this chapter
serves at the pleasure of the governor.
(b) (d) For members appointed by the governor, the governor shall
promptly make an appointment to fill any vacancy on the cabinet, but
only for the duration of the unexpired term.
SECTION 30. IC 4-3-27-8, AS ADDED BY P.L.152-2018,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 8. (a) Any member of the cabinet who is not
a state employee is entitled to the minimum salary per diem provided
by IC 4-10-11-2.1(b). Such a member is also entitled to reimbursement
for mileage, traveling expenses under IC 4-13-1-4, and other expenses
actually incurred in connection with the member's duties as provided
in the state policies and procedures established by the Indiana
department of administration and approved by the budget agency.
(b) Any member of the cabinet who is a state employee but who is
not a member of the general assembly is entitled to reimbursement for
traveling expenses under IC 4-13-1-4 and other expenses actually
incurred in connection with the member's duties as provided in the state
policies and procedures established by the Indiana department of
administration and approved by the budget agency.
(c) Any member of the cabinet who is a member of the general
assembly is entitled to receive the same per diem, mileage, and travel
allowances paid to members of the general assembly serving on interim
study committees established by the legislative council. Per diem,
mileage, and travel allowances paid under this subsection shall be
paid from appropriations made to the legislative council or the
legislative services agency.
(d) Expenses paid under subsections (a) and (b) shall be paid
from appropriations made to the cabinet.
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SECTION 31. IC 4-13-16.5-1, AS AMENDED BY P.L.15-2020,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1. (a) The definitions in this section apply
throughout this chapter.
(b) "Commission" refers to the governor's commission on supplier
diversity established under section 2 of this chapter.
(c) "Commissioner" refers to the commissioner of the department.
(d) "Contract" means any contract awarded by a state agency or, as
set forth in section 2(f)(11) 2(g)(11) of this chapter, awarded by a
recipient of state grant funds, for construction projects or the
procurement of goods or services, including professional services. For
purposes of this subsection, "goods or services" may not include the
following when determining the total value of contracts for state
agencies:
(1) Utilities.
(2) Health care services (as defined in IC 27-8-11-1(c)).
(3) Rent paid for real property or payments constituting the price
of an interest in real property as a result of a real estate
transaction.
(e) "Contractor" means a person or entity that:
(1) contracts with a state agency; or
(2) as set forth in section 2(f)(11) 2(g)(11) of this chapter:
(A) is a recipient of state grant funds; and
(B) enters into a contract:
(i) with a person or entity other than a state agency; and
(ii) that is paid for in whole or in part with the state grant
funds.
(f) "Department" refers to the Indiana department of administration
established by IC 4-13-1-2.
(g) "Deputy commissioner" refers to the deputy commissioner for
supplier diversity of the department.
(h) "Minority business enterprise" or "minority business" means an
individual, partnership, corporation, limited liability company, or joint
venture of any kind that is owned and controlled by one (1) or more
persons who are:
(1) United States citizens; and
(2) members of a minority group or a qualified minority nonprofit
corporation.
(i) "NGB-22" means the National Guard Report of Separation form
or its predecessor or successor form.
(j) "Qualified minority or women's nonprofit corporation" means a
corporation that:
HEA 1026 — Concur 15
(1) is exempt from federal income taxation under Section
501(c)(3) of the Internal Revenue Code;
(2) is headquartered in Indiana;
(3) has been in continuous existence for at least five (5) years;
(4) has a board of directors that has been in compliance with all
other requirements of this chapter for at least five (5) years;
(5) is chartered for the benefit of the minority community or
women; and
(6) provides a service that will not impede competition among
minority business enterprises or women's business enterprises at
the time a nonprofit applies for certification as a minority
business enterprise or a women's business enterprise.
(k) "Owned and controlled" means:
(1) if the business is a qualified minority nonprofit corporation, a
majority of the board of directors are minority;
(2) if the business is a qualified women's nonprofit corporation,
a majority of the members of the board of directors are women; or
(3) if the business is a business other than a qualified minority or
women's nonprofit corporation, having:
(A) ownership of at least fifty-one percent (51%) of the
enterprise, including corporate stock of a corporation;
(B) control over the management and active in the day-to-day
operations of the business; and
(C) an interest in the capital, assets, and profits and losses of
the business proportionate to the percentage of ownership.
(l) "Minority group" means:
(1) African Americans;
(2) Native Americans;
(3) Hispanic Americans; and
(4) Asian Americans.
(m) "Separate body corporate and politic" refers to an entity
established by the general assembly as a body corporate and politic.
(n) "State agency" refers to any authority, board, branch,
commission, committee, department, division, or other instrumentality
of the executive, including the administrative, department of state
government.
(o) "Veteran" means an individual who:
(1) has previously:
(A) served on active duty in any branch of the armed forces of
the United States or their reserves, in the national guard, or in
the Indiana National Guard; and
(B) received an honorable discharge from service; or
HEA 1026 — Concur 16
(2) is currently serving in:
(A) any branch of the armed forces of the United States or
their reserves;
(B) the national guard; or
(C) the Indiana National Guard.
(p) "Veteran owned small business" refers to a small business that:
(1) is independently owned and operated;
(2) is not dominant in its field of operation; and
(3) satisfies the criteria to be a veteran owned small business
concern as specified in section 1.5 of this chapter.
(q) "Women's business enterprise" means a business that is one (1)
of the following:
(1) A sole proprietorship owned and controlled by a woman.
(2) A partnership or joint venture owned and controlled by
women in which:
(A) at least fifty-one percent (51%) of the ownership is held by
women; and
(B) the management and daily business operations are
controlled by at least one (1) of the women who owns the
business.
(3) A corporation or other entity:
(A) whose management and daily business operations are
controlled by at least one (1) of the women who owns the
business; and
(B) that is at least fifty-one percent (51%) owned by women,
or if stock is issued, at least fifty-one percent (51%) of the
stock is owned by at least one (1) of the women.
(4) A qualified women's nonprofit corporation.
SECTION 32. IC 4-13-16.5-2, AS AMENDED BY P.L.15-2020,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. (a) There is established a governor's
commission on supplier diversity. The commission shall consist of the
following members:
(1) A governor's designee, who shall serve as chairman
chairperson of the commission.
(2) The commissioner of the Indiana department of transportation,
or the economic opportunity director of the Indiana department of
transportation if the commissioner of the Indiana department of
transportation so designates.
(3) The chairperson of the board of the Indiana economic
development corporation or the chairperson's designee.
(4) The commissioner of the department of administration.
HEA 1026 — Concur 17
(5) Nine (9) individuals with demonstrated capabilities in
business and industry, especially minority business enterprises,
women's business enterprises, and veteran owned small
businesses, appointed by the governor from the following
geographical areas of the state:
(A) Three (3) from the northern one-third (1/3) of the state.
(B) Three (3) from the central one-third (1/3) of the state.
(C) Three (3) from the southern one-third (1/3) of the state.
(6) Two (2) members of the house of representatives, no more
than one (1) from the same political party, appointed by the
speaker of the house of representatives to serve in a nonvoting
advisory capacity.
(7) Two (2) members of the senate, no more than one (1) from the
same political party, appointed by the president pro tempore of
the senate to serve in a nonvoting advisory capacity.
(8) The deputy commissioner of the department of
administration, who shall serve as a nonvoting member.
Not more than six (6) of the ten (10) members appointed or designated
by the governor may be of the same political party. Appointed
Members of the commission serve at the pleasure of the appointing
authority and may be reappointed to successive terms. Subject to
subsection (b), members of the commission appointed under
subdivision (1) and subdivision (5) shall serve four (4) year terms.
Members of the general assembly appointed to the commission
serve two (2) year terms that expire June 30 of an odd-numbered
year. A vacancy occurs if a legislative member leaves office for any
reason. Any vacancy on the commission shall be filled in the same
manner as the original appointment. An individual appointed to fill
a vacancy serves on the commission for the remainder of the
unexpired term of the individual's predecessor.
(b) The terms of the members appointed under subsection (a)(1)
or (a)(5) expire as follows:
(1) For a member appointed under subsection (a)(1) or
(a)(5)(A), June 30, 2025, and every fourth year thereafter.
(2) For a member appointed under subsection (a)(5)(B) or
(a)(5)(C), June 30, 2027, and every fourth year thereafter.
(b) (c) Each member of the commission who is not a state employee
is entitled to the following:
(1) The minimum salary per diem provided by IC 4-10-11-2.1(b).
(2) Reimbursement for mileage, traveling expenses, and other
expenses actually incurred in connection with the member's duties
as provided under IC 4-13-1-4 and in the state travel policies and
HEA 1026 — Concur 18
procedures established by the Indiana department of
administration and approved by the budget agency.
The department shall pay expenses incurred under this subsection
from amounts appropriated for the operating expenses of the
department of administration.
(c) (d) Each legislative member of the commission is entitled to
receive the same per diem, mileage, and travel allowances established
by the legislative council and paid to members of the general assembly
serving on interim study committees. The allowances specified in this
subsection shall be paid by the legislative services agency from the
amounts appropriated for that purpose.
(d) (e) A member of the commission who is a state employee but
who is not a member of the general assembly is not entitled to any of
the following:
(1) The minimum salary per diem provided by IC 4-10-11-2.1(b).
(2) Reimbursement for traveling expenses as provided under
IC 4-13-1-4.
(3) Other expenses actually incurred in connection with the
member's duties.
(e) (f) The commission shall meet at least four (4) times each year
and at other times as the chairman considers necessary. at the call of
the chairperson.
(f) (g) The duties of the commission shall include but not be limited
to the following:
(1) Identify minority business enterprises, women's business
enterprises, and veteran owned small businesses in the state.
(2) Assess the needs of minority business enterprises, women's
business enterprises, and veteran owned small businesses.
(3) Initiate aggressive programs to assist minority business
enterprises, women's business enterprises, and veteran owned
small businesses in obtaining state contracts.
(4) Give special publicity to procurement, bidding, and qualifying
procedures.
(5) Include minority business enterprises, women's business
enterprises, and veteran owned small businesses on solicitation
mailing lists.
(6) Evaluate the competitive differences between qualified
minority or women's nonprofit corporations and other than
qualified minority or women's nonprofit corporations and veteran
owned small businesses that offer similar services and make
recommendation to the department on policy changes necessary
to ensure fair competition among minority business enterprises,
HEA 1026 — Concur 19
women's business enterprises, and veteran owned small
businesses.
(7) Define the duties, goals, and objectives of the deputy
commissioner of the department as created under this chapter to
assure compliance by all state agencies, separate bodies corporate
and politic, and state educational institutions with state and
federal legislation and policy concerning the awarding of
contracts (including, notwithstanding section 1(d) of this chapter
or any other law, contracts of state educational institutions) to
minority business enterprises, women's business enterprises, and
veteran owned small businesses.
(8) Establish annual goals:
(A) for the use of minority and women's business enterprises;
and
(B) derived from a statistical analysis of utilization study of
state contracts (including, notwithstanding section 1(d) of this
chapter or any other law, contracts of state educational
institutions) that are required to be updated every five (5)
years.
(9) Prepare a review of the commission and the various affected
departments of government to be submitted to the governor and
the legislative council on March 1 and October 1 of each year,
evaluating progress made in the areas defined in this subsection.
(10) Ensure that the statistical analysis required under this
section:
(A) is based on goals for participation of minority business
enterprises established in Richmond v. Croson, 488 U.S. 469
(1989);
(B) includes information on both contracts and subcontracts
(including, notwithstanding section 1(d) of this chapter or any
other law, contracts and subcontracts of state educational
institutions); and
(C) uses data on the combined capacity of minority business
enterprises, women's business enterprises, and veteran owned
small businesses in Indiana and not just regional data.
(11) Establish annual goals for the use of minority business
enterprises, women's business enterprises, and veteran owned
small businesses for any contract that:
(A) will be paid for in whole or in part with state grant funds;
and
(B) involves the use of real property of a unit (as defined in
IC 4-4-32.2-9).
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(12) Ensure compliance with the establishment and evaluation of
the annual goal for veteran owned small businesses established in
section 3.5 of this chapter.
(g) (h) The department shall direct contractors to demonstrate a
good faith effort to meet the annual participation goals established
under subsection (f)(11). (g)(11). The good faith effort shall be
demonstrated by contractors using the repository of certified firms
created under section 3 of this chapter or a similar repository
maintained by a unit (as defined in IC 4-4-32.2-9).
(h) (i) The department shall adopt rules of ethics under IC 4-22-2 for
commission members other than commission members appointed
under subsection (a)(6) or (a)(7).
(i) (j) The department of administration shall furnish
administrative support and staff as is necessary for the effective
operation of the commission.
(j) (k) The commission shall advise the department on developing
a statement, to be included in all applications for and agreements
governing grants made with state funds, stating the importance of the
use of minority business enterprises, women's business enterprises, and
veteran owned small businesses in fulfilling the purposes of the grant.
SECTION 33. IC 4-13-16.5-3, AS AMENDED BY P.L.15-2020,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. (a) There is created in the department a
deputy commissioner for supplier diversity development. Upon
consultation with the commission, the commissioner of the department,
with the approval of the governor, shall appoint an individual who
possesses demonstrated capability in business or industry, especially
in minority business enterprises, women's business enterprises, or
veteran owned small businesses, to serve as deputy commissioner to
work with the commission in the implementation of this chapter.
(b) The deputy commissioner shall do the following:
(1) Identify and certify minority business enterprises, women's
business enterprises, and veteran owned small businesses for state
projects.
(2) Establish a central certification file.
(3) Periodically update the certification status of each minority
business enterprise, women's business enterprise, or veteran
owned small business.
(4) Monitor the progress in achieving the goals established under
section 2(f)(8) 2(g)(8) and 2(f)(11) 2(g)(11) of this chapter.
(5) Require all state agencies, separate bodies corporate and
politic, and state educational institutions to report on planned and
HEA 1026 — Concur 21
actual participation of minority business enterprises, women's
business enterprises, and veteran owned small businesses in
contracts awarded by state agencies. The commissioner may
exclude from the reports uncertified minority business enterprises,
women's business enterprises, and veteran owned small
businesses.
(6) Determine and define opportunities for minority, women's,
and veteran owned business participation in contracts awarded by
all state agencies, separate bodies corporate and politic, and state
educational institutions.
(7) Implement programs initiated by the commission under
section 2 of this chapter.
(8) Perform other duties as defined by the commission or by the
commissioner.
SECTION 34. IC 4-13-16.5-4, AS AMENDED BY P.L.3-2008,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4. (a) Before January 1 of even-numbered
years, the department shall determine whether, during the most recently
completed two (2) year period ending the previous July 1, the goals set
under section 2(f)(8) 2(g)(8) of this chapter have been met.
(b) The department shall adopt rules under IC 4-22-2 to ensure that
the goals set under section 2(f)(8) 2(g)(8) of this chapter are met.
Expenditures with business enterprises that qualify as both a minority
business enterprise and a women's business enterprise may be counted
toward the attainment of the goal for either:
(1) minority business enterprises; or
(2) women's business enterprises;
at the election made by the procurer of goods, services, or goods and
services, but not both.
SECTION 35. IC 4-22-2-42 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 42. The publisher,
with the assistance of the code revision commission, committee, shall
establish a format, a numbering system, standards, and techniques for
agencies to use whenever they draft and prepare rules under this
chapter.
SECTION 36. IC 4-22-8-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 11. The code
revision commission committee shall assist the publisher with the
publication of the Indiana Register and with the compilation,
computerization, indexing, and printing of the Indiana Administrative
Code.
SECTION 37. IC 4-22-8-12 IS AMENDED TO READ AS
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FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 12. Failure of an
agency, the publisher, or the code revision commission committee to
comply with this chapter does not invalidate a rule or other agency
statement.
SECTION 38. IC 4-23-5.5-2, AS AMENDED BY P.L.200-2017,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. (a) The Indiana recycling market
development board is created and constitutes a public instrumentality
of the state. The exercise by the board of the powers conferred by this
chapter is an essential governmental function.
(b) The board consists of nine (9) members, one (1) of whom shall
be the lieutenant governor or the lieutenant governor's designee and
eight (8) of whom shall be appointed by the governor for four (4) year
terms. The governor's appointees shall be chosen from among
representatives of:
(1) the waste management industry;
(2) the recycling industry;
(3) Indiana universities and colleges with expertise in recycling
research and development;
(4) industrial and commercial consumers of recycled feedstock;
(5) environmental groups; and
(6) private citizens with a special interest in recycling.
No more than four (4) appointed members shall be of the same political
party.
(c) A vacancy in the office of an appointed member, other than by
expiration, shall be filled in like manner as the original appointment for
the remainder of the term of that retiring member. Appointed members
may be removed by the governor for cause.
(d) The board shall have seven (7) ex officio advisory members as
follows:
(1) The governor.
(2) The director of the department of natural resources.
(3) The commissioner of the department of environmental
management.
(4) Two (2) members from the house of representatives of
opposite political parties appointed by the speaker of the house of
representatives for two (2) year terms that expire June 30 of
each odd-numbered year.
(5) Two (2) members from the senate of opposite political parties
appointed by the president pro tempore of the senate for two (2)
year terms that expire June 30 of each odd-numbered year.
(e) The division shall serve as the staff of the board.
HEA 1026 — Concur 23
(f) An ex officio advisory member identified in subsection (d) may,
in writing, designate a representative to serve in an advisory capacity
when the ex officio member is unable to attend a board meeting.
(g) The terms of the members of the board appointed by the
governor under subsection (b) expire as follows:
(1) For four (4) of the members, as determined by the
governor, December 31, 2025, and every fourth year
thereafter.
(2) For four (4) of the members, as determined by the
governor, December 31, 2027, and every fourth year
thereafter.
SECTION 39. IC 4-23-5.5-2.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 2.5. (a) Each member of the
board who is not a state employee is entitled to the minimum salary
per diem provided by IC 4-10-11-2.1(b). The member is also
entitled to reimbursement for mileage, traveling expenses as
provided under IC 4-13-1-4, and other expenses actually incurred
in connection with the member's duties as provided in the state
policies and procedures established by the Indiana department of
administration and approved by the budget agency.
(b) Each member of the board who is a state employee is entitled
to reimbursement for traveling expenses as provided under
IC 4-13-1-4 and other expenses actually incurred in connection
with the member's duties as provided in the state policies and
procedures established by the Indiana department of
administration and approved by the budget agency.
(c) Each member of the board who is a member of the general
assembly is entitled to receive the same per diem, mileage, and
travel allowances paid to members of the general assembly serving
on interim study committees established by the legislative council.
Per diem, mileage, and travel allowances paid under this
subsection shall be paid from appropriations made to the
legislative council or the legislative services agency.
(d) Expenses paid under subsections (a) and (b) shall be paid
from appropriations made to the department of environmental
management.
SECTION 40. IC 4-23-5.5-3, AS AMENDED BY P.L.204-2007,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. (a) The governor shall appoint one (1) of
the appointed members as chairman. chairperson. Five (5) members
of the board shall constitute a quorum and the affirmative vote of a
HEA 1026 — Concur 24
majority of the membership shall be necessary for any action taken by
the board. A vacancy in the membership of the board does not impair
the right of the quorum to act.
(b) All the members of the board shall be reimbursed for their actual
expenses incurred in the performance of their duties. The appointed
members may also receive a per diem allowance as determined by the
budget agency for attendance of board meetings and activities. All
reimbursement for expenses shall be as provided by law.
SECTION 41. IC 4-23-5.5-6, AS AMENDED BY P.L.130-2018,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 6. (a) The board shall do the following:
(1) Adopt procedures for the regulation of its affairs and the
conduct of its business.
(2) Meet at the offices of the division on call of
(A) the lieutenant governor or the lieutenant governor's
designee; or
(B) the commissioner of the department of environmental
management or the commissioner's designee;
the chairperson at least once each calendar quarter. The
meetings shall be upon ten (10) days written notification, shall be
open to the public, and shall have official minutes recorded for
public scrutiny.
(3) Report annually in an electronic format under IC 5-14-6 to the
legislative council concerning:
(A) the projects in which it has participated and is currently
participating with a complete list of expenditures for those
projects; and
(B) the information obtained through the recycling activity
reports submitted to the commissioner of the department of
environmental management under IC 13-20-25 concerning the
calendar year most recently ended.
(4) Annually prepare an administrative budget for review by the
budget agency and the budget committee.
(5) Keep proper records of accounts and make an annual report of
its condition to the state board of accounts.
(6) Receive petitions and make determinations under
IC 13-20.5-2-2.
(b) The board shall consider projects involving the creation of the
following:
(1) Markets for products made from recycled materials.
(2) New products made from recycled materials.
(c) The board may promote, fund, and encourage programs
HEA 1026 — Concur 25
facilitating the development and implementation of waste reduction,
reuse, and recycling in Indiana.
SECTION 42. IC 4-23-24.1-3, AS AMENDED BY P.L.199-2007,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. (a) The commission consists of thirteen
(13) members, appointed as follows:
(1) Nine (9) members who are Indiana residents appointed by the
governor. Each Indiana congressional district must be represented
by at least one (1) individual appointed under this subdivision
who is a resident of that congressional district. Not more than five
(5) members appointed under this subdivision may be members
of the same political party.
(2) Four (4) members of the general assembly who are appointed
under section 5 of this chapter.
(b) Members of the commission serve at the pleasure of the
appointing authority.
SECTION 43. IC 4-23-24.1-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. (a) The governor
shall annually designate one (1) of the members appointed under
section 3(1) of this chapter as chairman chairperson of the
commission.
(b) Members of the commission appointed under subsection 3(1) of
this chapter serve a four (4) year term. Each term expires as follows:
(1) For a member appointed from an odd-numbered
congressional district, December 31, 2025, and each fourth
year thereafter.
(2) For a member appointed from an even-numbered
congressional district, December 31, 2027, and each fourth
year thereafter.
(c) A member appointed under section 3(1) of this chapter may
be reappointed for successive terms.
(d) The governor shall fill a vacancy among the members
appointed under section 3(1) of this chapter. A member appointed
under this subsection serves until the end of the unexpired term of
the vacating member of the commission.
SECTION 44. IC 4-23-24.1-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5. (a) Four (4)
members of the general assembly shall be appointed as members of the
commission as follows:
(1) The speaker of the house of representatives shall appoint two
(2) members of the house of representatives, both of whom may
not be members of the same political party.
HEA 1026 — Concur 26
(2) The president pro tempore of the senate shall appoint two (2)
members of the senate, both of whom may not be members of the
same political party.
(b) A member of the commission appointed under subsection (a)
serves until the member's current term of office as a member of the
general assembly expires. a two (2) year term that expires June 30
of an odd-numbered year.
(c) A vacancy under subsection (a) shall be filled by the officer who
appointed the vacating legislator. A legislative member appointed
under this subsection serves until the end of the unexpired term of the
vacating legislator.
(d) A member of the commission appointed under this section may
be reappointed.
SECTION 45. IC 4-23-24.1-5.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 5.5. The commission shall
meet at the call of the chairperson as necessary to fulfill its duties
under this chapter.
SECTION 46. IC 4-23-24.1-7, AS AMENDED BY P.L.1-2006,
SECTION 83, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 7. (a) Each member of the commission who
is not a state employee is entitled to the minimum salary per diem
provided by IC 4-10-11-2.1(b). The member is also entitled to
reimbursement for mileage, traveling expenses as provided under
IC 4-13-1-4, and other expenses actually incurred in connection with
the member's duties as provided in the state policies and procedures
established by the Indiana department of administration and approved
by the budget agency. Expenses incurred under this subsection and
subsection (b) shall be paid out of the funds appropriated to the
lieutenant governor or the civil rights commission.
(b) Each member of the commission who is a state employee but
who is not a member of the general assembly is entitled to
reimbursement for traveling expenses as provided under IC 4-13-1-4
and other expenses actually incurred in connection with the member's
duties as provided in the state policies and procedures established by
the Indiana department of administration and approved by the budget
agency.
(c) Each member of the commission who is a member of the general
assembly is entitled to receive the same per diem, mileage, and travel
allowances paid to members of the general assembly serving on interim
study committees established by the legislative council. Per diem,
mileage, and travel allowances paid under this subsection shall be
HEA 1026 — Concur 27
paid from appropriations made to the legislative council or the
legislative services agency.
SECTION 47. IC 4-23-25-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. (a) The Indiana
commission for women is established.
(b) The commission consists of the following members:
(1) Six (6) members appointed by the governor. Not more than
three (3) of the members appointed under this subdivision may be
members of the same political party. At least four (4) of the
members appointed under this subdivision must be women.
(2) Two (2) members appointed by the president pro tempore of
the senate who are not members of the general assembly.
Members appointed under this subdivision may not be members
of the same political party. At least one (1) of the members
appointed under this subdivision must be a woman.
(3) Two (2) members appointed by the speaker of the house of
representatives who are not members of the general assembly.
Members appointed under this subdivision may not be members
of the same political party. At least one (1) of the members
appointed under this subdivision must be a woman.
(4) Two (2) senators appointed in the same manner as members
of senate standing committees are appointed. The appointed
senators may not be members of the same political party. At least
one (1) of the members appointed under this subdivision must be
a woman.
(5) Two (2) members of the house of representatives appointed in
the same manner as members of standing committees of the house
of representatives are appointed. The appointed representatives
may not be members of the same political party. At least one (1)
of the members appointed under this subdivision must be a
woman.
(6) The governor or the governor's designee serves as an ex
officio member of the commission.
(c) A member appointed to the commission under subsection (b)(1)
serves a term of four (4) years or until a successor is appointed. that
expires June 30, 2025, and each fourth year thereafter.
(d) A member appointed to the commission under subsection (b)(2)
or (b)(3) through (b)(5) serves a term of three (3) years or until a
successor is appointed. two (2) year term that expires June 30 of an
odd-numbered year.
(e) A member appointed to the commission under subsection (b)(4)
or (b)(5) serves the remainder of the member's term in office.
HEA 1026 — Concur 28
(f) (e) The governor or the governor's designee serves while the
governor remains in office.
(g) (f) Notwithstanding subsections (c) through (d), if a member's
term expires before a successor is appointed, the member's term is
extended until a successor is appointed.
(h) (g) Not more than four (4) members who are not members of the
general assembly may be employees of state agencies.
(i) (h) Commission membership must reflect a diversity of
experience, skills, and backgrounds.
(j) (i) A member's term may be renewed unless the member is:
(1) a member of the general assembly who no longer serves in the
general assembly; or
(2) the governor or the governor's designee, and the governor is
no longer in office.
(k) (j) A member of the commission may be removed for cause.
SECTION 48. IC 4-23-25-3.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 3.5. (a) Each member of the
commission who is not a state employee is entitled to the minimum
salary per diem provided by IC 4-10-11-2.1(b). The member is also
entitled to reimbursement for mileage, traveling expenses as
provided under IC 4-13-1-4, and other expenses actually incurred
in connection with the member's duties as provided in the state
policies and procedures established by the Indiana department of
administration and approved by the budget agency.
(b) Each member of the commission who is a state employee is
entitled to reimbursement for traveling expenses as provided under
IC 4-13-1-4 and other expenses actually incurred in connection
with the member's duties as provided in the state policies and
procedures established by the Indiana department of
administration and approved by the budget agency.
(c) Each member of the commission who is a member of the
general assembly is entitled to receive the same per diem, mileage,
and travel allowances paid to members of the general assembly
serving on interim study committees established by the legislative
council. Per diem, mileage, and travel allowances paid under this
subsection shall be paid from appropriations made to the
legislative council or the legislative services agency.
(d) Expenses paid under subsections (a) and (b) shall be paid
from appropriations made to the civil rights commission.
SECTION 49. IC 4-23-28-4, AS AMENDED BY P.L.56-2023,
SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
HEA 1026 — Concur 29
UPON PASSAGE]: Sec. 4. (a) The commission consists of twenty (20)
members appointed as follows:
(1) Two (2) members of the senate who may not be affiliated with
the same political party, to be appointed by the president pro
tempore of the senate.
(2) Two (2) members of the house of representatives who may not
be affiliated with the same political party, to be appointed by the
speaker of the house of representatives.
(3) Four (4) members of the Hispanic/Latino community who are
not members of the general assembly, to be appointed by the
president pro tempore of the senate.
(4) Four (4) members of the Hispanic/Latino community who are
not members of the general assembly, to be appointed by the
speaker of the house of representatives.
(5) The secretary of family and social services or a designee of the
secretary who is a Hispanic or Latino employee of the office of
the secretary of family and social services.
(6) The commissioner of the Indiana department of health or a
designee of the commissioner who is a Hispanic or Latino
employee of the Indiana department of health.
(7) The secretary of education or a designee of the secretary who
is a Hispanic or Latino employee of the department of education.
(8) The commissioner of the department of correction or a
designee of the commissioner who is a Hispanic or Latino
employee of the department of correction.
(9) The director of the civil rights commission or a designee of the
director who is a Hispanic or Latino employee of the civil rights
commission.
(10) The lieutenant governor or a designee of the lieutenant
governor who is a Hispanic or Latino employee of the lieutenant
governor.
(11) A Hispanic or Latino business person, appointed by the
governor.
(12) The commissioner of workforce development or a designee
of the commissioner who is a Hispanic or Latino employee of the
department of workforce development, who shall serve as an ex
officio member of the commission.
In making their appointments under this section, the president pro
tempore of the senate and the speaker of the house of representatives
shall attempt to have the greatest possible number of counties
represented on the commission.
(b) If a legislative member of the commission ceases to be a
HEA 1026 — Concur 30
member of the chamber from which the member was appointed, the
member also ceases to be a member of the commission.
(c) A member of the commission may be removed at any time by the
appointing authority who appointed the member.
(d) If a vacancy on the commission occurs, the appointing authority
who appointed the former member whose position has become vacant
shall appoint an individual to fill the vacancy. An individual
appointed to fill a vacancy serves on the commission for the
remainder of the unexpired term of the individual's predecessor.
SECTION 50. IC 4-23-28-4.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 4.5. (a) A member of the
commission may be reappointed for successive terms.
(b) A member of the general assembly appointed to the
commission under section 4 of this chapter serves a two (2) year
term that expires June 30 of an odd-numbered year.
(c) A member appointed to the commission under section 4(a)(3)
of this chapter serves a four (4) year term that expires December
31, 2025, and each fourth year thereafter.
(d) A member appointed to the commission under section 4(a)(4)
or 4(a)(11) of this chapter serves a four (4) year term that expires
December 31, 2027, and each fourth year thereafter.
SECTION 51. IC 4-23-28-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 9. (a) Each member
of the commission who is not a state employee is entitled to the
minimum salary per diem provided by IC 4-10-11-2.1(b). The member
is also entitled to reimbursement for mileage, traveling expenses as
provided under IC 4-13-1-4, and other expenses actually incurred in
connection with the member's duties as provided in the state policies
and procedures established by the Indiana department of administration
and approved by the budget agency. The civil rights commission shall
pay expenses incurred under this subsection from amounts
appropriated for the operating expenses of the civil rights
commission.
(b) Each member of the commission who is a state employee but
who is not a member of the general assembly is entitled to
reimbursement for traveling expenses as provided under IC 4-13-1-4
and other expenses actually incurred in connection with the member's
duties as provided in the state policies and procedures established by
the Indiana department of administration and approved by the budget
agency. The civil rights commission shall pay expenses incurred
under this subsection from amounts appropriated for the operating
HEA 1026 — Concur 31
expenses of the civil rights commission.
(c) Each member of the commission who is a member of the general
assembly is entitled to receive the same per diem, mileage, and travel
allowances paid to legislative members of interim study committees
established by the legislative council. Per diem, mileage, and travel
allowances paid under this subsection shall be paid from appropriations
made to the legislative council or the legislative services agency.
SECTION 52. IC 4-23-31-4, AS ADDED BY P.L.133-2012,
SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4. (a) A member of the commission may be
removed at any time by the member's appointing authority.
(b) The appointing authority shall fill a vacancy on the commission
by appointing a new member for the unexpired term.
(c) The terms of the legislative members are two (2) years in
length and expire at the election of the general assembly following the
appointments. June 30 of each odd-numbered year.
(d) A member of the commission appointed under section 3(11)
through 3(13) of this chapter serves a four (4) year term that
expires as follows:
(1) For a member appointed under section 3(11) of this
chapter, December 31, 2025, and every fourth year thereafter.
(2) For a member appointed under section 3(12) or 3(13) of
this chapter, June 30, 2025, and every fourth year thereafter.
SECTION 53. IC 4-23-31-11, AS ADDED BY P.L.133-2012,
SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 11. (a) Each member of the commission who
is not a state employee is entitled to the minimum salary per diem
provided by IC 4-10-11-2.1(b). The member is also entitled to
reimbursement for mileage, traveling expenses as provided under
IC 4-13-1-4, and other expenses actually incurred in connection with
the member's duties as provided in the state policies and procedures
established by the Indiana department of administration and approved
by the budget agency.
(b) Each member of the commission who is a state employee is
entitled to reimbursement for traveling expenses as provided under
IC 4-13-1-4 and other expenses actually incurred in connection with
the member's duties as provided in the state policies and procedures
established by the Indiana department of administration and approved
by the budget agency.
(c) Each member of the commission who is a member of the general
assembly is entitled to receive the same per diem, mileage, and travel
allowances paid to members of the general assembly serving on interim
HEA 1026 — Concur 32
study committees created by the legislative council. Per diem,
mileage, and travel allowances paid under this subsection shall be
paid from appropriations made to the legislative council or the
legislative services agency.
(d) Expenses paid under subsections (a) and (b) shall be paid
from appropriations made to the civil rights commission.
SECTION 54. IC 4-23-32-4, AS AMENDED BY P.L.56-2023,
SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4. (a) The commission consists of fifteen (15)
voting members and four (4) nonvoting members. The voting members
of the commission consist of the following:
(1) Eight (8) Native American Indians, each from a different
geographic region of Indiana.
(2) The commissioner of the department of correction or the
commissioner's designee.
(3) The director of the department of child services or the
director's designee.
(4) The commissioner of the Indiana department of health or the
commissioner's designee.
(5) The secretary of family and social services or the secretary's
designee.
(6) The director of the department of natural resources or the
director's designee.
(7) The secretary of education or the secretary's designee.
(8) The commissioner of the department of workforce
development or the commissioner's designee.
(b) The nonvoting members of the commission consist of the
following:
(1) One (1) member of the house of representatives appointed by
the speaker of the house of representatives.
(2) One (1) member of the senate appointed by the president pro
tempore of the senate.
(3) One (1) member of the house of representatives appointed by
the minority leader of the house of representatives.
(4) One (1) member of the senate appointed by the minority
leader of the senate.
(c) The governor shall appoint each Native American Indian
member of the commission to a term of four (4) years, and any vacancy
occurring shall be filled by the governor for the unexpired term. Before
appointing a Native American Indian member to the commission, the
governor shall solicit nominees from Indiana associations that represent
Native American Indians in the geographic region from which the
HEA 1026 — Concur 33
member will be selected. Not more than two (2) members may
represent the same tribe or Native American Indian organization or
association. The terms of the members described in this subsection
expire as follows:
(1) For four (4) of the members, as determined by the
governor, December 31, 2025, and every fourth year
thereafter.
(2) For four (4) of the members, as determined by the
governor, December 31, 2027, and every fourth year
thereafter.
(d) A member of the general assembly appointed to the
commission serves a two (2) year term that expires June 30 of an
odd-numbered year.
(d) (e) A member of the commission may be removed by the
member's appointing authority.
(f) A member of the commission may be reappointed to
successive terms.
(g) A vacancy on the commission shall be filled by the
appropriate appointing authority. An individual appointed to fill
a vacancy serves for the unexpired term of the individual's
predecessor.
SECTION 55. IC 4-23-32-5, AS ADDED BY P.L.133-2012,
SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 5. (a) The commission shall meet quarterly
at the call of the chairperson.
(b) The affirmative votes of at least eight (8) members of the
commission are required for the commission to take any official action,
including public policy recommendations and reports.
SECTION 56. IC 4-23-32-6, AS ADDED BY P.L.133-2012,
SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 6. (a) The civil rights commission established
by IC 22-9-1-4 shall provide staff and administrative support for the
commission.
(b) Except as provided in section 6.5 of this chapter, expenses
incurred under this chapter shall be paid from funds appropriated to the
civil rights commission.
(c) The governor shall appoint a voting member of the commission
to serve as the commission's chairperson until January 1, 2025. For
each calendar year beginning after December 31, 2024, the voting
members of the commission shall annually elect a chairperson from
among the voting members of the commission.
SECTION 57. IC 4-23-32-6.5 IS ADDED TO THE INDIANA
HEA 1026 — Concur 34
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 6.5. (a) Each member of the
commission who is not a state employee is entitled to the minimum
salary per diem provided by IC 4-10-11-2.1(b). The member is also
entitled to reimbursement for mileage, traveling expenses as
provided under IC 4-13-1-4, and other expenses actually incurred
in connection with the member's duties as provided in the state
policies and procedures established by the Indiana department of
administration and approved by the budget agency.
(b) Each member of the commission who is a state employee is
entitled to reimbursement for traveling expenses as provided under
IC 4-13-1-4 and other expenses actually incurred in connection
with the member's duties as provided in the state policies and
procedures established by the Indiana department of
administration and approved by the budget agency.
(c) Each member of the commission who is a member of the
general assembly is entitled to receive the same per diem, mileage,
and travel allowances paid to members of the general assembly
serving on interim study committees created by the legislative
council. Per diem, mileage, and travel allowances paid under this
subsection shall be paid from appropriations made to the
legislative council or the legislative services agency.
SECTION 58. IC 5-1-17-6, AS ADDED BY P.L.214-2005,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 6. An Indiana stadium and convention
building authority is created in Indiana as a separate body corporate
and politic as an instrumentality of the state to acquire, construct,
equip, own, lease, and finance facilities for lease to or for the benefit
of a capital improvement board. The authority shall provide staff
support to the board of directors appointed under section 7 of this
chapter.
SECTION 59. IC 5-1-17-7, AS AMENDED BY P.L.104-2022,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 7. (a) The board is composed of the following
seven (7) members, who must be residents of Indiana:
(1) Four (4) members appointed by the governor. The president
pro tempore of the senate and the speaker of the house of
representatives may each make one (1) recommendation to the
governor concerning the appointment of a member under this
subdivision.
(2) Two (2) members appointed by the Marion County executive.
(3) One (1) member appointed by the governor, who has been
HEA 1026 — Concur 35
nominated by the county fiscal body of a county that is contiguous
to Marion County, determined as follows:
(A) The member nominated for the initial term shall be
nominated by the contiguous county that has the largest
population of all the contiguous counties that have adopted an
ordinance to impose a food and beverage tax under IC 6-9-35.
(B) The member nominated for each successive term shall be
nominated by the contiguous county that:
(i) contributed the most revenues from the tax imposed by
IC 6-9-35 to the capital improvement board of managers
created by IC 36-10-9-3 in the immediately previous
calendar year; and
(ii) has not previously made a nomination to the governor or,
if all the contributing counties have previously made such a
nomination, is the one whose then most recent nomination
occurred before those of all the other contributing counties.
(b) A member appointed under subsection (a)(1) through (a)(2) is
entitled to serve a three (3) year term. A member appointed under
subsection (a)(3) is entitled to serve a one (1) year term. A member
may be reappointed to subsequent terms. A member of the general
assembly appointed to the board serves a two (2) year term that
expires June 30 of an odd-numbered year. A member of the board
who is not a member of the general assembly serves a four (4) year
term that expires as follows:
(1) If the member is appointed under subsection (a)(1),
December 31, 2025, and each fourth year thereafter.
(2) If the member is appointed under subsection (a)(2) or
(a)(3), December 31, 2027, and each fourth year thereafter.
(c) If a vacancy occurs on the board, the governor shall fill the
vacancy by appointing a new member for the remainder of the vacated
term. If the vacated member was appointed under subsection (a)(2) or
(a)(3), the governor shall appoint a new member who has been
nominated by the person or body who made the nomination of the
vacated member.
(d) A member may be removed for cause by the appointing
authority.
(e) Each member, before entering upon the duties of office, must
take and subscribe an oath of office under IC 5-4-1, which shall be
endorsed upon the certificate of appointment and filed with the records
of the board.
(f) The governor shall nominate an executive director for the
authority, subject to the veto authority of the Marion County executive.
HEA 1026 — Concur 36
SECTION 60. IC 5-2-6-4, AS AMENDED BY P.L.161-2018,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4. (a) The board of trustees is composed of:
(1) the governor, or the governor's designee, who shall act as
chairman;
(2) the attorney general, or the attorney general's designee;
(3) the superintendent of state police, or the superintendent's
designee;
(4) the commissioner of the department of correction, or the
commissioner's designee;
(5) the executive director of the prosecuting attorneys council;
(6) the chief administrative officer of the office of judicial
administration;
(7) the executive director of the public defenders council;
(8) the state public defender;
(9) eight (8) persons who are appointed by and who serve at the
pleasure of the governor, including:
(A) one (1) sheriff;
(B) one (1) chief of police;
(C) one (1) judge of a court with both juvenile jurisdiction and
general criminal jurisdiction; and
(D) five (5) citizens who have manifested an interest in
criminal or juvenile justice, one (1) of whom shall be a
member of the state advisory group under the Juvenile Justice
Act.
(b) The president pro tempore of the senate, or a senator appointed
by the president pro tempore, and the speaker of the house of
representatives, or a representative appointed by the speaker, may serve
as nonvoting advisors to the trustees. A trustee advisor appointed
under this subsection serves at the pleasure of the appointing
authority. A member of the general assembly serving under this
subsection serves a term of two (2) years. The term expires June 30
of each odd-numbered year.
(c) Trustees appointed by the governor serve an initial three (3) year
term and may be reappointed for additional terms. The additional terms
may be A trustee appointed by the governor serves at the pleasure
of the governor. The terms of the trustees appointed by the
governor are four (4) years in length and expire as follows:
(1) For a trustee described in subsection (a)(9)(A) through
(a)(9)(C), December 31, 2025, and each fourth year thereafter.
(2) For a trustee described in subsection (a)(9)(D), December
31, 2027, and each fourth year thereafter.
HEA 1026 — Concur 37
(d) Membership on the board of trustees does not constitute holding
a public office.
(e) The appropriate appointing authority shall fill a vacancy on
the board of trustees. A trustee appointed to fill a vacancy serves
for the remainder of the term of the trustee's predecessor.
SECTION 61. IC 5-2-6-5, AS AMENDED BY P.L.100-2012,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 5. (a) The institute is composed of:
(1) the trustees; and
(2) a research and information consortium.
(b) The trustees shall:
(1) evaluate and disseminate to the public information concerning
the cost and effectiveness of the criminal and juvenile justice
systems;
(2) promote coordination and cooperation for the effective
administration of the criminal and juvenile justice systems;
(3) establish plans for the criminal and juvenile justice systems
and make recommendations concerning the implementation of
these plans;
(4) encourage and assist in the organization of an academic
consortium for the purpose of engaging in research;
(5) receive, expend, and account for state funds made available
for the purposes of this chapter;
(6) apply for and accept gifts and grants (which must be
administered as public funds) made for the purposes of this
chapter;
(7) enter into lawful agreements as required as a condition for
receiving gifts, grants, or other funds for the purposes of this
chapter;
(8) employ a director;
(9) adopt rules, under IC 4-22-2, necessary to carry out the
purposes of this chapter; and
(10) promulgate guidelines concerning participation in the
research and information consortium.
(c) The research and information consortium is composed of state
educational institutions that are engaged in criminal or juvenile justice
research under the direction of the trustees. A state or local
governmental entity may participate in the consortium. The consortium
shall act as an advisory body to the institute and perform other related
functions as requested by the trustees.
(d) The trustees shall meet quarterly and at such times as called by
the chairman. A majority of the trustees constitutes a quorum for doing
HEA 1026 — Concur 38
business. A majority vote of the trustees is required for passage of any
matter put to a vote. The trustees shall establish procedures and
requirements with respect to the place and conduct of their meetings.
(e) A trustee is not entitled to the minimum salary per diem as
provided in IC 4-10-11-2.1(b) while performing the trustee's duties. A
trustee is entitled to reimbursement for traveling expenses and other
expenses actually incurred in connection with the trustee's duties, as
provided in the state travel policies and procedures established by the
department of administration and approved by the state budget agency.
(f) Each trustee advisor who is a member of the general
assembly is entitled to receive the same per diem, mileage, and
travel allowances paid to members of the general assembly serving
on interim study committees created by the legislative council. Per
diem, mileage, and travel allowances paid under this subsection
shall be paid from appropriations made to the legislative council or
the legislative services agency.
(g) Expenses paid under subsection (e) shall be paid from
appropriations made to the institute.
SECTION 62. IC 5-26-2-3, AS AMENDED BY P.L.66-2017,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. (a) The commission is comprised of twelve
(12) members as follows:
(1) A sheriff appointed by the governor.
(2) A chief of police appointed by the governor.
(3) A fire chief appointed by the governor.
(4) A head of an emergency medical services provider appointed
by the governor.
(5) A mayor appointed by the governor.
(6) A county commissioner appointed by the governor.
(7) A representative of campus law enforcement appointed by the
governor.
(8) A representative of the private sector appointed by the
governor.
(9) The superintendent of the state police department.
(10) The special agent in charge of the Indiana office of the
Federal Bureau of Investigation or designee.
(11) An individual appointed by the speaker of the house of
representatives.
(12) An individual appointed by the president pro tempore of the
senate.
(b) Not more than four (4) members appointed under subsection
(a)(1) through (a)(8) may be members of the same political party.
HEA 1026 — Concur 39
(c) The terms of the members appointed under subsection (a)(1)
through (a)(8) are four (4) years in length and expire as follows:
(1) For a member described in subsection (a)(1) through
(a)(4), December 31, 2025, and each fourth year thereafter.
(2) For a member described in subsection (a)(5) through
(a)(8), December 31, 2027, and each fourth year thereafter.
(d) A member appointed under subsection (a)(11) or (a)(12)
serves a term of two (2) years. The term expires June 30 of an
odd-numbered year.
(e) A member of the commission may be reappointed to
successive terms. A vacancy on the commission shall be filled by
the appropriate appointing authority. An individual appointed to
fill a vacancy serves for the unexpired term of the individual's
predecessor.
SECTION 63. IC 5-26-2-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 6. (a) The governor
shall select a chair and vice chair of the commission. The chair and
vice chair serve at the pleasure of the governor.
(b) The chair may appoint staff needed to carry out this chapter from
the existing staff of participating agencies.
(c) The commission shall meet quarterly at the call of the chair.
SECTION 64. IC 5-26-2-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7. Each member of
the commission who is not a state employee is entitled to the minimum
salary per diem provided by IC 4-10-11-2.1(b). The member is also
entitled to reimbursement for mileage, traveling expenses as provided
under IC 4-13-1-4, and other expenses actually incurred in connection
with the member's duties as provided in the state policies and
procedures established by the Indiana department of administration and
approved by the budget agency.
SECTION 65. IC 5-26-2-8.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 8.5. Expenses incurred under sections 7 and
8 of this chapter shall be paid from amounts appropriated to the
commission.
SECTION 66. IC 5-26-2-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 9. The legislative
members of the commission are entitled to receive the same per diem,
mileage, and travel allowances paid to persons who serve as legislative
members of interim study committees established by the legislative
council. Per diem, mileage, and travel allowances paid under this
section shall be paid from appropriations made to the legislative
HEA 1026 — Concur 40
council or the legislative services agency.
SECTION 67. IC 6-1.1-20.3-4, AS AMENDED BY P.L.165-2021,
SECTION 67 AND P.L.43-2021, SECTION 30, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. (a)
The distressed unit appeal board is established.
(b) The distressed unit appeal board consists of the following
members:
(1) The director of the office of management and budget or the
director's designee. The director or the director's designee shall
serve as chairperson of the distressed unit appeal board.
(2) The commissioner of the department of local government
finance or the commissioner's designee.
(3) The state examiner of the state board of accounts or the state
examiner's designee.
(4) The secretary of education or the secretary's designee.
(5) An individual appointed by the governor to serve a four (4)
year term that expires December 31, 2025, and each fourth
year thereafter.
(6) A member of the house of representatives appointed by the
speaker of the house of representatives, who shall serve as a
nonvoting member.
(7) A member of the senate appointed by the president pro
tempore of the senate, who shall serve as a nonvoting member.
(8) A member to serve a one (1) year term in each even-numbered
year who:
(A) is a member of the house of representatives and
(B) is appointed by the minority leader of the house of
representatives
The member is who shall serve as a nonvoting member.
(9) A member to serve a one (1) year term in each odd-numbered
year who:
(A) is a member of the senate and
(B) is appointed by the minority leader of the senate
The member is who shall serve as a nonvoting member.
The members appointed under subdivisions (6) through (9) serve
two (2) year terms that expire June 30 of each odd-numbered year.
Members appointed under subdivisions (5) through (9) serve at the
pleasure of the appointing authority and may be reappointed to
successive terms.
(c) Each member of the board who is not a state employee member
of the general assembly is entitled to reimbursement for:
(1) mileage and traveling expenses as provided under
HEA 1026 — Concur 41
IC 4-13-1-4; and
(2) other expenses actually incurred in connection with the
member's duties as provided in the state policies and procedures
established by the Indiana department of administration and
approved by the budget agency.
(d) Each member of the board who is a member of the general
assembly is entitled to receive the same per diem, mileage, and travel
allowances paid to legislative members of interim study committees.
Per diem, mileage, and travel allowances paid under this section shall
be paid from appropriations made to the legislative council or the
legislative services agency.
(e) Each member of the board who is a state employee is entitled
to reimbursement for traveling expenses as provided under
IC 4-13-1-4 and other expenses actually incurred in connection
with the member's duties as provided in the state policies and
procedures established by the Indiana department of
administration and approved by the budget agency.
(f) Expenses paid under subsections (c) and (e) shall be paid
from appropriations made to the board.
(g) A vacancy on the board shall be filled by the appropriate
appointing authority. An individual appointed to fill a vacancy
serves for the unexpired term of the individual's predecessor.
SECTION 68. IC 6-1.1-20.3-9, AS AMENDED BY P.L.241-2017,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 9. The board shall meet at least annually.
However, the board may meet more frequently if the members of
the board determine that additional meetings are necessary. The
board shall keep a record of its proceedings and its orders. IC 5-14-1.5
(the open door law) applies to the board's meetings.
SECTION 69. IC 9-13-3-5, AS ADDED BY P.L.128-2021,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 5. (a) The governor shall annually designate
one (1) of the members appointed under section 4(1) of this chapter as
chairperson of the commission.
(b) Members of the commission appointed under section 4(1) of this
chapter serve a four (4) year term that expires June 30, 2025, and
each fourth year thereafter.
SECTION 70. IC 9-13-3-6, AS ADDED BY P.L.128-2021,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 6. (a) Four (4) members of the general
assembly shall be appointed as members of the commission as follows:
(1) The speaker of the house of representatives shall appoint two
HEA 1026 — Concur 42
(2) members of the house of representatives, both of whom may
not be members of the same political party.
(2) The president pro tempore of the senate shall appoint two (2)
members of the senate, both of whom may not be members of the
same political party.
(b) A member of the commission appointed under subsection (a)
serves until the member's current term of office as a member of the
general assembly expires. a two (2) year term that expires June 30
of an odd-numbered year.
(c) A vacancy under subsection (a) shall be filled by the officer who
appointed the vacating legislator. legislative member. A legislative
member appointed under this subsection serves until the end of the
unexpired term of the vacating legislator. member's predecessor.
(d) A member of the commission appointed under this section may
be reappointed.
SECTION 71. IC 9-13-3-9, AS ADDED BY P.L.128-2021,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 9. (a) Each member of the commission who
is not a state employee is entitled to the minimum salary per diem
provided by IC 4-10-11-2.1(b). The member is also entitled to
reimbursement for mileage, traveling expenses as provided under
IC 4-13-1-4, and other expenses actually incurred in connection with
the member's duties as provided in the state policies and procedures
established by the Indiana department of administration and approved
by the budget agency. Expenses incurred under this subsection shall be
paid out of the funds appropriated to the lieutenant governor.
(b) Each member of the commission who is a member of the general
assembly is entitled to receive the same per diem, mileage, and travel
allowances paid to members of the general assembly serving on interim
study committees established by the legislative council. Per diem,
mileage, and travel allowances paid under this subsection shall be
paid from appropriations made to the legislative council or the
legislative services agency.
SECTION 72. IC 10-19-8.1-3, AS AMENDED BY P.L.127-2022,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. (a) The council consists of the following
members:
(1) The governor or the governor's designee.
(2) The executive director of the department of homeland
security.
(3) The superintendent of the state police department.
(4) The adjutant general.
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(5) The state health commissioner.
(6) The commissioner of the department of environmental
management.
(7) The chairman of the Indiana utility regulatory commission.
(8) The director of the department of natural resources or, if
designated by the director, the deputy director who manages the
bureau of administration.
(9) The chief information officer of the office of technology.
(10) The speaker of the house of representatives or the speaker's
designee.
(11) The president pro tempore of the senate or the president pro
tempore's designee.
(12) The minority leader of the house of representatives or the
minority leader's designee.
(13) The minority leader of the senate or the minority leader's
designee.
(b) The members of the council described in subsection (a)(10)
through (a)(13) are nonvoting members.
SECTION 73. IC 10-19-8.1-5, AS ADDED BY P.L.249-2019,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 5. (a) Each member of the council who is not
a state employee is not entitled to the minimum salary per diem
provided by IC 4-10-11-2.1(b). The member is, however, entitled to
reimbursement for mileage, travel expenses as provided in IC 4-13-1-4,
and other expenses actually incurred in connection with the member's
duties as provided in the state policies and procedures established by
the Indiana department of administration and approved by the budget
agency.
(b) Each member of the council who is a state employee but who is
not a member of the general assembly is entitled to reimbursement for
travel expenses as provided under IC 4-13-1-4 and other expenses
actually incurred in connection with the member's duties as provided
in the state policies and procedures established by the Indiana
department of administration and approved by the budget agency.
(c) Each member of the council who is a member of the general
assembly is entitled to receive the same per diem, mileage, and travel
allowances paid to legislative members of interim study committees
established by the legislative council. Per diem, mileage, and travel
allowances paid under this subsection shall be paid from appropriations
made to the legislative council or the legislative services agency.
(d) Expenses paid under subsections (a) and (b) shall be paid
from appropriations made to the department of homeland security.
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SECTION 74. IC 10-19-8.1-11, AS ADDED BY P.L.249-2019,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 11. (a) All state agencies shall cooperate to
the fullest extent possible with the council and the executive director
to implement this chapter.
(b) The department of homeland security shall provide staff
support to the council.
SECTION 75. IC 12-7-2-34, AS AMENDED BY P.L.162-2023,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 34. "Commission" means the following:
(1) For purposes of IC 12-10-2, the meaning set forth in
IC 12-10-2-1.
(2) For purposes of IC 12-12-2, the meaning set forth in
IC 12-12-2-1.
(3) For purposes of IC 12-13-14, the meaning set forth in
IC 12-13-14-1.
(4) For purposes of IC 12-15-30.5, the meaning set forth in
IC 12-15-30.5-2.
(5) For purposes of IC 12-15-33, the meaning set forth in
IC 12-15-33-1.
(5) (6) For purposes of IC 12-21-7.1, the meaning set forth in
IC 12-21-7.1-1.
(6) (7) For purposes of IC 12-28-1, the meaning set forth in
IC 12-28-1-3.
SECTION 76. IC 12-7-2-35 IS REPEALED [EFFECTIVE UPON
PASSAGE]. Sec. 35. "Committee", for purposes of IC 12-15-33, has
the meaning set forth in IC 12-15-33-1.
SECTION 77. IC 12-8-6.5-14.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 14.1. (a) As used in this
section, "board" refers to the doula reimbursement advisory board
established by section 14 of this chapter.
(b) The family and social services administration shall provide
staff support to the board.
(c) The members of the board shall annually elect a chair and
vice chair from the membership of the board. Before August 1,
2024, the office of the secretary shall schedule a meeting of the
board to elect the chair and vice chair. Thereafter, the board shall
meet at the call of the chair. The chair elected under this subsection
shall serve until a successor is elected in the following calendar
year.
SECTION 78. IC 12-8-6.5-14.3 IS ADDED TO THE INDIANA
HEA 1026 — Concur 45
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 14.3. (a) As used in this
section, "board" refers to the doula reimbursement advisory board
established by section 14 of this chapter.
(b) A member of the general assembly appointed to the board
serves a two (2) year term that expires June 30 of an
odd-numbered year.
(c) The terms of the lay members of the board expire as follows:
(1) For a member appointed under subsection (c)(2)(B),
(c)(2)(C), (c)(2)(D), or (c)(2)(E), June 30 of each
odd-numbered year.
(2) For a member appointed under subsection (c)(2)(A),
(c)(2)(F), (c)(2)(G), (c)(2)(H), or (c)(2)(I), June 30, 2027, and
every fourth year thereafter.
(d) A member of the board serves at the pleasure of the
appointing authority and may be reappointed to successive terms.
(e) A vacancy on the board shall be filled by the appropriate
appointing authority. An individual appointed to fill a vacancy
serves for the unexpired term of the individual's predecessor.
SECTION 79. IC 12-8-6.5-15 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 15. (a) As used in this section,
"board" refers to the doula reimbursement advisory board
established by section 14 of this chapter.
(b) Each member of the board who is not a state employee is
entitled to reimbursement for mileage, traveling expenses as
provided under IC 4-13-1-4, and other expenses actually incurred
in connection with the member's duties as provided in the state
policies and procedures established by the Indiana department of
administration and approved by the budget agency.
(c) Each member of the board who is a state employee is entitled
to reimbursement for traveling expenses as provided under
IC 4-13-1-4 and other expenses actually incurred in connection
with the member's duties as provided in the state policies and
procedures established by the Indiana department of
administration and approved by the budget agency.
(d) Each member of the board who is a member of the general
assembly is entitled to receive the same per diem, mileage, and
travel allowances paid to legislative members of interim study
committees established by the legislative council. Per diem,
mileage, and travel allowances paid under this subsection shall be
paid from appropriations made to the legislative council or the
HEA 1026 — Concur 46
legislative services agency.
(e) Expenses paid under subsections (b) and (c) shall be paid
from appropriations made to the family and social services
administration.
SECTION 80. IC 12-10-11-2, AS AMENDED BY P.L.32-2021,
SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. (a) The board consists of the following
fifteen (15) members:
(1) The director of the division of aging or the director's designee.
(2) The chairman of the Indiana state commission on aging or the
chairman's designee.
(3) Three (3) citizens nominated by two (2) or more organizations
that:
(A) represent senior citizens; and
(B) have statewide membership.
(4) One (1) citizen nominated by one (1) or more organizations
that:
(A) represent individuals with disabilities, including
individuals who are less than eighteen (18) years of age; and
(B) have statewide membership.
(5) One (1) citizen nominated by one (1) or more organizations
that:
(A) represent individuals with mental illness, including
dementia; and
(B) have statewide membership.
(6) One (1) provider who provides services under IC 12-10-10.
(7) One (1) licensed physician, physician assistant, or registered
nurse who specializes either in the field of gerontology or in the
field of disabilities.
(8) Two (2) home care services advocates or policy specialists
nominated by two (2) or more:
(A) organizations;
(B) associations; or
(C) nongovernmental agencies;
that advocate on behalf of home care consumers, including an
organization listed in subdivision (3) that represents senior
citizens or persons with disabilities.
(9) Two (2) members of the senate, who may not be members of
the same political party, appointed by the president pro tempore
of the senate with the advice of the minority leader of the senate.
(10) Two (2) members of the house of representatives, who may
not be members of the same political party, appointed by the
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speaker of the house of representatives with the advice of the
minority leader of the house of representatives.
The members of the board listed in subdivisions (9) and (10) are
nonvoting members who serve two (2) year terms ending June 30 of
each odd-numbered year. A legislative member serves at the
pleasure of the appointing authority and may be reappointed to
successive terms. A vacancy among the legislative members shall
be filled by the appropriate appointing authority. An individual
appointed to fill a vacancy serves for the unexpired term of the
individual's predecessor.
(b) The members of the board designated by subsection (a)(3)
through (a)(8) shall be appointed by the governor for terms of four (4)
years. The term of a member of the board expires July 1. as follows:
(1) For a member appointed under subsection (a)(3) through
(a)(5), June 30, 2025, and every fourth year thereafter.
(2) For a member appointed under subsection (a)(6) through
(a)(8), June 30, 2027, and every fourth year thereafter.
A member described in this subsection may be reappointed to
successive terms. However, a member may continue to serve until a
successor is appointed. In case of a vacancy, the governor shall appoint
an individual to serve for the remainder of the unexpired term.
(c) The division shall establish notice and selection procedures to
notify the public of the board's nomination process described in this
chapter. Information must be distributed through:
(1) the area agencies on aging; and
(2) all organizations, associations, and nongovernmental agencies
that work with the division on home care issues and programs.
SECTION 81. IC 12-10-11-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. (a) Each member
of the board who is not a state employee is entitled to the minimum
salary per diem provided by IC 4-10-11-2.1(b). Such a member is also
entitled to reimbursement for mileage, traveling expenses and other
expenses actually incurred in connection with the member's duties, as
provided in the state travel policies and procedures established by the
Indiana department of administration and approved by the budget
agency.
(b) Each member of the board who is a state employee is entitled to
reimbursement for traveling expenses and other expenses actually
incurred in connection with the member's duties, as provided in the
state travel policies and procedures established by the Indiana
department of administration and approved by the budget agency.
(c) Each member of the board who is a member of the general
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assembly is entitled to receive the same per diem, mileage, and
travel allowances paid to members of the general assembly serving
on interim study committees established by the legislative council.
Per diem, mileage, and travel allowances paid under this
subsection shall be paid from appropriations made to the
legislative council or the legislative services agency.
(d) Expenses paid under subsections (a) and (b) shall be paid
from appropriations made to the family and social services
administration.
SECTION 82. IC 12-10-11-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. The board shall
meet at the call of the chairperson at least six (6) times a year.
SECTION 83. IC 12-10-11-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5. Each year the
board shall elect from its membership a chairman chairperson and
vice chairman. chairperson. The chairperson elected under this
section shall serve until a successor is elected in the following
calendar year.
SECTION 84. IC 12-10-11-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7. The division of
aging shall provide staff services for the board.
SECTION 85. IC 12-15-33-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. As used in this
chapter, "committee" "commission" refers to the Medicaid advisory
committee commission created by this chapter.
SECTION 86. IC 12-15-33-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. The Medicaid
advisory committee commission is created to act in an advisory
capacity to the following:
(1) The office in the administration of the Medicaid program.
(2) The children's health policy board established by IC 4-23-27-2
in the board's responsibility to direct policy coordination of
children's health programs.
SECTION 87. IC 12-15-33-3, AS AMENDED BY P.L.140-2019,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. (a) The committee commission shall be
appointed as follows:
(1) One (1) member shall be appointed by the administrator of the
office to represent each of the following organizations:
(A) Indiana Council of Community Mental Health Centers.
(B) Indiana State Medical Association.
(C) Indiana State Chapter of the American Academy of
HEA 1026 — Concur 49
Pediatrics.
(D) Indiana Hospital Association.
(E) Indiana Dental Association.
(F) Indiana State Psychiatric Association.
(G) Indiana State Osteopathic Association.
(H) Indiana State Nurses Association.
(I) Indiana State Licensed Practical Nurses Association.
(J) Indiana State Podiatry Association.
(K) Indiana Health Care Association.
(L) Indiana Optometric Association.
(M) Indiana Pharmaceutical Association.
(N) Indiana Psychological Association.
(O) Indiana State Chiropractic Association.
(P) Indiana Ambulance Association.
(Q) Indiana Association for Home Care.
(R) Indiana Academy of Ophthalmology.
(S) Indiana Speech and Hearing Association.
(T) Indiana Academy of Physician Assistants.
(U) Indiana Association of Rehabilitation Facilities.
(V) Indiana Association of Health Plans.
(W) Indiana Primary Health Care Association.
(2) Ten (10) members shall be appointed by the governor as
follows:
(A) One (1) member who represents agricultural interests.
(B) One (1) member who represents business and industrial
interests.
(C) One (1) member who represents labor interests.
(D) One (1) member who represents insurance interests.
(E) One (1) member who represents a statewide taxpayer
association.
(F) Two (2) members who are parent advocates.
(G) Three (3) members who represent Indiana citizens.
(3) Six (6) members shall be appointed by the president pro
tempore of the senate acting in the capacity as president pro
tempore of the senate to represent the senate. Three (3) of the
members appointed under this subdivision shall serve on the
standing fiscal subcommittee created under section 8(b) of this
chapter.
(4) Six (6) members shall be appointed by the speaker of the
house of representatives to represent the house of representatives.
Three (3) of the members appointed under this subdivision shall
serve on the standing fiscal subcommittee created under section
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8(b) of this chapter.
(b) Notwithstanding subsection (a)(3), after consultation with the
minority leader of the senate, the president pro tempore of the senate
shall appoint three (3) of the members from the minority party of the
senate.
(c) Notwithstanding subsection (a)(4), after consultation with the
minority leader of the house of representatives, the speaker of the
house shall appoint three (3) of the members from the minority party
of the house.
(3) Three (3) members of the senate appointed by the
president pro tempore of the senate.
(4) Three (3) members of the senate appointed by the
president pro tempore of the senate after consultation with
the minority leader of the senate.
(5) Three (3) members of the house of representatives
appointed by the speaker of the house.
(6) Three (3) members of the house of representatives
appointed by the speaker of the house after consultation with
the minority leader of the house.
(b) The president pro tempore of the senate shall appoint three
(3) of the commission members appointed under subsection (a)(3)
and (a)(4) to the standing fiscal subcommittee created under
section 8(b) of this chapter.
(c) The speaker of the house shall appoint three (3) of the
commission members appointed under subsection (a)(5) and (a)(6)
to the standing fiscal subcommittee created under section 8(b) of
this chapter.
SECTION 88. IC 12-15-33-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. (a) Subject to
subsection (b), an appointment to the committee commission
terminates July 1 of the year in which the appointment expires, expires
in accordance with section 5 of this chapter, but a member serves
until the member's successor is designated.
(b) A member of the commission serves at the pleasure of the
appointing authority who appointed the member to the
commission.
(c) A member of the commission may be reappointed to
successive terms.
(d) A vacancy on the commission shall be filled by the
appropriate appointing authority. An individual appointed to fill
a vacancy serves for the unexpired term of the individual's
predecessor.
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SECTION 89. IC 12-15-33-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5. (a) This
subsection does not apply to a member of the general assembly
appointed to the commission under section 3 of this chapter. An
appointment to the committee commission is for a four (4) year term
except the representatives of the senate and house of representatives,
whose terms coincide with the representative's or senator's respective
legislative terms. that expires as follows:
(1) For a member appointed under section 3(a)(1)(A) through
3(a)(1)(Q) of this chapter, December 31, 2025, and every
fourth year thereafter.
(2) For a member appointed under section 3(a)(1)(R) through
3(a)(1)(W) of this chapter or under section 3(a)(2) of this
chapter, December 31, 2027, and every fourth year thereafter.
(b) This subsection applies only to a member of the general
assembly appointed to the commission under section 3 of this
chapter. The member serves a term of two (2) years that expires
June 30 of each odd-numbered year.
SECTION 90. IC 12-15-33-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 6. The following
shall serve as ex officio members of the committee: commission:
(1) The state health commissioner or the commissioner's
designee.
(2) The director of the division of mental health and addiction or
the director's designee.
(3) The administrator of the office.
SECTION 91. IC 12-15-33-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7. The office shall
provide staff support to the commission. The administrator of the
office shall serve as secretary of the committee. commission.
SECTION 92. IC 12-15-33-8, AS AMENDED BY P.L.140-2019,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 8. (a) A subcommittee may be created as the
committee commission considers necessary.
(b) The committee commission shall create a standing fiscal
subcommittee.
(c) The chairman of each subcommittee must be a member of the
committee. commission.
(d) Subcommittees may convene as often as needed.
SECTION 93. IC 12-15-33-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 9. The committee
commission shall do the following:
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(1) Meet at least four (4) times each year, one (1) time in each
calendar quarter.
(2) Hold special meetings that the committee commission or the
secretary requests.
SECTION 94. IC 12-15-33-10 IS REPEALED [EFFECTIVE UPON
PASSAGE]. Sec. 10. (a) Appointed members of the committee other
than members of the general assembly are entitled to receive travel
allowance to and from regular or special meetings in accordance with
the amounts set by and the provisions of the budget committee for state
employees.
(b) Each member of the committee who is a member of the general
assembly is entitled to receive the same per diem, mileage, and travel
allowances paid to legislative members of interim study committees
established by the legislative council. Per diem, mileage, and travel
allowances paid under this subsection shall be paid from appropriations
made to the legislative council or the legislative services agency.
SECTION 95. IC 12-15-33-11 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 11. (a) Each member of the
commission who is not a state employee is entitled to the minimum
salary per diem provided by IC 4-10-11-2.1(b). The member is also
entitled to reimbursement for mileage, traveling expenses as
provided under IC 4-13-1-4, and other expenses actually incurred
in connection with the member's duties as provided in the state
policies and procedures established by the Indiana department of
administration and approved by the budget agency.
(b) Each member of the commission who is a state employee is
entitled to reimbursement for traveling expenses as provided under
IC 4-13-1-4 and other expenses actually incurred in connection
with the member's duties as provided in the state policies and
procedures established by the Indiana department of
administration and approved by the budget agency.
(c) Each member of the commission who is a member of the
general assembly is entitled to receive the same per diem, mileage,
and travel allowances paid to legislative members of interim study
committees established by the legislative council. Per diem,
mileage, and travel allowances paid under this subsection shall be
paid from appropriations made to the legislative council or the
legislative services agency.
(d) Expenses paid under subsections (a) and (b) shall be paid
from appropriations made to the family and social services
administration.
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SECTION 96. IC 12-15-47.3 IS REPEALED [EFFECTIVE UPON
PASSAGE]. (Medicaid Oversight Committee).
SECTION 97. IC 13-13-7.1-2, AS ADDED BY P.L.53-2014,
SECTION 119, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 2. The panel consists of the
following members:
(1) Two (2) members appointed by the president pro tempore of
the senate who are members of the senate and who are owners of,
or who have an interest in, a small business stationary source. Not
more than one (1) of the members appointed under this
subdivision may be members of the same political party.
(2) Two (2) members appointed by the speaker of the house of
representatives who are members of the house of representatives
and who are owners of, or who have an interest in, a small
business stationary source. Not more than one (1) of the members
appointed under this subdivision may be affiliated with the same
political party.
(3) Two (2) members appointed by the governor to represent the
public who are not members of the general assembly, owners of
a small business stationary source, or representatives of owners
of small business stationary sources. Not more than one (1)
member appointed under this subdivision may be a solid waste
management district director and not more than one (1) member
appointed under this subdivision may be affiliated with the same
political party.
(4) The commissioner of the department of environmental
management or the commissioner's designee.
SECTION 98. IC 13-13-7.1-3, AS AMENDED BY P.L.85-2017,
SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. (a) The term of a member appointed to the
panel under section 2(1) or 2(2) of this chapter is two (2) years and
expires June 30 of each odd-numbered year.
(b) The term of a member appointed to the panel under section
2(3) of this chapter is four (4) years. The term expires June 30,
2025, and each fourth year thereafter.
(c) Members of the panel may be reappointed to successive
terms. However, an appointing authority may replace a member at any
time during the member's term.
SECTION 99. IC 13-13-7.1-6, AS ADDED BY P.L.53-2014,
SECTION 119, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 6. The chairman chairperson
of the legislative council shall appoint the chair of the panel from the
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members appointed under section 2(1) or 2(2) of this chapter. The chair
of the panel serves at the pleasure of the chairman chairperson of the
legislative council. The panel shall meet at the call of the
chairperson.
SECTION 100. IC 13-13-7.1-7, AS ADDED BY P.L.53-2014,
SECTION 119, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 7. Each member of the panel
who is not a state employee is entitled to the minimum salary per diem
provided by IC 4-10-11-2.1(b). The member also is entitled to
reimbursement for mileage, traveling expenses as provided under
IC 4-13-1-4, and other expenses actually incurred in connection with
the member's duties as provided in the state policies and procedures
established by the Indiana department of administration and approved
by the budget agency.
SECTION 101. IC 13-13-7.1-8, AS ADDED BY P.L.53-2014,
SECTION 119, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 8. Each member of the panel
who is a state employee but who is not a member of the general
assembly is entitled to reimbursement for traveling expenses as
provided under IC 4-13-1-4 and other expenses actually incurred in
connection with the member's duties as provided in the state policies
and procedures established by the Indiana department of administration
and approved by the budget agency.
SECTION 102. IC 13-13-7.1-12, AS ADDED BY P.L.53-2014,
SECTION 119, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 12. The department of
environmental management shall provide administrative and
technical support to the panel as provided in IC 13-28-3-2, including
duties related to the development and dissemination of reports and
advisory opinions.
SECTION 103. IC 13-13-7.1-13, AS ADDED BY P.L.53-2014,
SECTION 119, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 13. Except as provided in
section 9 of this chapter, the expenses of the panel shall be paid from
appropriations to the department of environmental management.
SECTION 104. IC 14-8-2-218 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 218. "Project
committee", commission", for purposes of IC 14-12-2, has the
meaning set forth in IC 14-12-2-5.
SECTION 105. IC 14-12-2-5, AS AMENDED BY P.L.172-2016,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 5. As used in this chapter, "project
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committee" commission" refers to the President Benjamin Harrison
conservation trust project committee commission established by this
chapter.
SECTION 106. IC 14-12-2-14, AS AMENDED BY P.L.127-2022,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 14. (a) The President Benjamin Harrison
conservation trust project committee commission is established.
(b) The project committee commission consists of the following
twenty (20) members:
(1) The director of the division of fish and wildlife.
(2) The director of the division of forestry.
(3) The director of the division of nature preserves.
(4) The director of the division of state parks.
(5) The chief executive officer of the Indiana state museum and
historic sites corporation established by IC 4-37-2-1.
(6) The chairperson of the board of directors of the natural
resources foundation.
(7) Ten (10) individuals appointed by the governor. The governor
shall appoint individuals so that all the following are satisfied:
(A) The individuals must be residents of Indiana.
(B) The individuals must have a demonstrated interest or
experience in:
(i) conservation of natural resources; or
(ii) management of public property.
(C) There must be two (2) committee commission members
from each of the following regions of Indiana:
(i) Northwest.
(ii) Northeast.
(iii) Southwest.
(iv) Southeast.
(v) Central.
(8) The following four (4) nonvoting members:
(A) One (1) member of the house of representatives appointed
by the speaker of the house of representatives.
(B) One (1) member of the house of representatives appointed
by the minority leader of the house of representatives.
(C) One (1) member of the senate appointed by the president
pro tempore of the senate.
(D) One (1) member of the senate appointed by the minority
leader of the senate.
(c) The individuals appointed by the governor under subsection
(b)(7) must represent one (1) or more of the following:
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(1) The environmentalist community.
(2) The land trust community.
(3) Organized hunting and fishing groups.
(4) The forest products community.
(5) The parks and recreation community.
Each group and community listed in subdivisions (1) through (5) must
be represented on the project committee. commission.
SECTION 107. IC 14-12-2-15, AS AMENDED BY P.L.127-2022,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 15. (a) As used in this section, "appointing
authority" refers to:
(1) the governor in the case of a member appointed under section
14(b)(7) of this chapter; or
(2) the speaker of the house of representatives, the minority leader
of the house of representatives, the president pro tempore of the
senate, or the minority leader of the senate in the case of a
member appointed under section 14(b)(8) of this chapter,
whichever is applicable.
(b) As used in this section, "member" refers to a member of the
project committee commission appointed under section 14(b)(7)
through 14(b)(8) of this chapter.
(c) Except as provided in subsection (e), the term of a member
begins on the later of the following:
(1) The day the term of the member who the individual is
appointed to succeed expires.
(2) The day the individual is appointed by the appointing
authority.
(d) Except as provided in subsection (e), the term of a member
expires July 1 of the second year after the member is appointed or until
a successor is appointed. However, a member serves at the pleasure of
the appointing authority.
(e) This subsection applies to a member appointed under section
14(b)(8) of this chapter. The member's term begins on the date of the
appointment and ends on the last day of the member's term as a
member of the general assembly. However, the member serves at the
pleasure of the appointing authority.
(d) A member serves at the pleasure of the appointing authority.
The term of a member expires as follows:
(1) June 30 of an odd-numbered year for a member appointed
under section 14(b)(8) of this chapter.
(2) June 30, 2025, and each fourth year thereafter for a
member appointed under section 14(b)(7)(C)(i),
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14(b)(7)(C)(iii), or 14(b)(7)(C)(v) of this chapter.
(3) December 31, 2025, and each fourth year thereafter for a
member appointed under section 14(b)(7)(C)(ii) or
14(b)(7)(C)(iv) of this chapter.
(f) (e) The appointing authority may reappoint a member for a new
term.
(g) (f) The appointing authority shall appoint an individual to fill a
vacancy among the members. An individual appointed to fill a
vacancy serves for the unexpired term of the individual's
predecessor.
SECTION 108. IC 14-12-2-16, AS AMENDED BY P.L.172-2016,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 16. The governor shall appoint the chair and
vice chair of the project committee commission from among the
members of the committee. commission.
SECTION 109. IC 14-12-2-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 17. (a) The project
committee commission shall meet at least quarterly and at the call of
the chairman.
(b) The project committee commission may convene a meeting at
any location in Indiana.
(c) The project committee commission shall plan and conduct
meetings in a manner that promotes broad public participation and
ensures that the views of the members of the public attending the
meetings may be fairly presented.
(d) The department of natural resources shall provide staff
support to the project commission.
SECTION 110. IC 14-12-2-18, AS AMENDED BY P.L.127-2022,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 18. (a) Eight (8) members of the project
committee commission constitute a quorum.
(b) The affirmative vote of a majority of the voting members of the
project committee commission present and voting is necessary for the
project committee commission to take any action.
(c) A member of the project committee commission described in
section 14(b)(1) through 14(b)(5) of this chapter may designate in
writing a representative from the respective division to serve as a
member of the project committee commission when the member of the
project committee commission is unable to attend a meeting.
SECTION 111. IC 14-12-2-19, AS AMENDED BY P.L.172-2016,
SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 19. The purpose of the project committee
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commission is to do the following:
(1) Provide technical review of proposed projects under this
chapter.
(2) Determine whether a proposed project under this chapter
should be approved.
(3) Develop and periodically review guidelines for the review
process.
(4) Perform other duties imposed upon the project committee
commission by this chapter.
SECTION 112. IC 14-12-2-20, AS AMENDED BY P.L.172-2016,
SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 20. (a) As used in this section, "member"
refers to a member of the project committee. commission.
(b) Each member who is not a state employee is entitled to the
minimum salary per diem provided by IC 4-10-11-2.1(b). The member
is also entitled to reimbursement for mileage, traveling expenses as
provided under IC 4-13-1-4, and other expenses actually incurred in
connection with the member's duties as provided in the state policies
and procedures established by the Indiana department of administration
and approved by the budget agency.
(c) Each member who is a state employee is entitled to
reimbursement for traveling expenses as provided under IC 4-13-1-4
and other expenses actually incurred in connection with the member's
duties as provided in the state policies and procedures established by
the Indiana department of administration and approved by the budget
agency.
(d) Each member who is a member of the general assembly is
entitled to receive the same per diem, mileage, and travel allowances
paid to members of the general assembly serving on interim study
committees established by the legislative council. Per diem, mileage,
and travel allowances paid under this subsection shall be paid from
appropriations made to the legislative council or the legislative
services agency.
(e) Expenses paid under subsections (b) and (c) shall be paid
from appropriations made to the department of natural resources.
SECTION 113. IC 14-12-2-21, AS AMENDED BY P.L.172-2016,
SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 21. (a) The following procedure must be
followed before money from the fund may be used to acquire property
for a project under this chapter:
(1) The project committee commission must review and approve
a project requiring the acquisition of the property.
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(2) The project committee commission must recommend the
project to the governor for approval.
(3) The governor must approve the project as recommended by
the project committee commission and inform the director of the
department of the governor's approval.
(b) When the procedure under subsection (a) is completed, the
department shall acquire the property subject to the project according
to Indiana law.
SECTION 114. IC 14-12-2-24, AS AMENDED BY P.L.172-2016,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 24. The project committee commission shall,
with the assistance of the department, adopt and make available to the
public a strategic plan to implement the purposes of this chapter.
SECTION 115. IC 14-12-2-26, AS AMENDED BY P.L.172-2016,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 26. (a) The following accounts are established
within the fund:
(1) The state parks account. Money in this account may be used
only to purchase property for state park, historic site, or
archeological site purposes.
(2) The state forests account. Money in this account may be used
only to purchase property for state forest purposes.
(3) The nature preserves account. Money in this account may be
used only to purchase property for nature preserve purposes.
(4) The fish and wildlife account. Money in this account may be
used only to purchase property for fish or wildlife management
purposes.
(5) The outdoor recreation and trails account. Money in this
account may be used only to purchase property for outdoor
recreation purposes.
(6) The stewardship account. Money in this account may be used
only for the following purposes:
(A) Maintenance of property acquired under this chapter.
(B) Costs of removal of structures, debris, and other property
that is unsuitable for the intended use of the property to be
acquired.
(C) Costs of site preparation related to any of the following:
(i) The public use of the property, such as fences, rest
rooms, public ways, trails, and signs.
(ii) Protecting or preserving the property's natural
environment.
(iii) Returning the property to the property's natural state.
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(D) Not more than ten percent (10%) of the money in the
account for the promotion of the purposes of the President
Benjamin Harrison conservation trust program.
(E) To monitor conservation easements acquired under this
chapter.
(7) The discretionary account. Subject to section 31.5 of this
chapter, money in this account may be used for any purpose for
which the accounts listed in subdivisions (1) through (6) may be
used.
(b) Money in the accounts of the trust fund may be used as
described in subsection (a) and section 31.5 of this chapter for a state
or local project approved by the project committee. commission.
SECTION 116. IC 14-12-2-33, AS AMENDED BY P.L.172-2016,
SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 33. Before October 1 of each year, the project
committee commission shall prepare a report concerning the program
established by this chapter for the public and the general assembly. A
report prepared for the general assembly must be in an electronic
format under IC 5-14-6.
SECTION 117. IC 14-13-1-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7. (a) The term of
a voting member appointed under section 6(4) of this chapter is four
(4) years. The term expires December 31, 2025, and each fourth
year thereafter.
(b) However, The governor shall fill a vacancy occurring among
the members described in subsection (a). If an appointee is appointed
to serve an unexpired term, the appointee serves only until the end of
the unexpired term.
SECTION 118. IC 14-13-1-9, AS AMENDED BY P.L.123-2018,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 9. (a) In addition to the voting members of the
commission, the governor shall appoint four (4) legislative members
from the general assembly from recommendations made by the speaker
of the house of representatives and the president pro tempore of the
senate as follows:
(1) Two (2) legislative members must be members of the house
of representatives, but may not be members of the same political
party.
(2) Two (2) legislative members must be members of the senate,
but may not be members of the same political party.
(b) The legislative members may not:
(1) vote in proceedings of the commission; and
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(2) be counted for purposes of establishing a quorum.
(c) The legislative members appointed under subsections
subsection (a)(1) and (a)(2) must meet the following criteria:
(1) At least one (1) member appointed under subsection (a)(1)
must represent the legislative district that includes White River
State Park.
(2) At least one (1) member appointed under subsection (a)(2)
must represent the legislative district that includes White River
State Park.
(d) The term of a legislative member is four (4) two (2) years.
except for the following: Subject to the following, the term expires
June 30 of an odd-numbered year:
(1) A legislative member's membership on the commission is
terminated when the legislative member ceases to be a member of
the general assembly.
(2) A legislative member appointed to serve an unexpired term
may serve only until the end of that term.
(e) If a vacancy occurs among the legislative members, the
governor shall fill the vacancy as recommended by the speaker of
the house of representatives or the president pro tempore of the
senate, as appropriate. The governor shall ensure that the
legislator appointed to fill the vacancy meets the criteria set forth
in subsections (a) and (c).
SECTION 119. IC 14-13-1-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 13. (a) Each voting
member who is a state employee is entitled to reimbursement for
traveling and other expenses as provided in the state travel policies and
procedures established by the Indiana department of administration and
approved by the budget agency.
(b) Each voting member who is not a state employee is entitled to
the minimum salary per diem as provided in IC 4-10-11-2.1(b),
mileage, and reimbursement for traveling and other expenses as
provided in the state travel policies and procedures established by
the Indiana department of administration and approved by the
budget agency.
(b) (c) Each legislative member of the commission is entitled to
receive the same per diem, mileage, and travel allowances paid to
members of the general assembly serving on interim study committees
established by the legislative council. Per diem, mileage, and travel
allowances paid under this subsection shall be paid from
appropriations made to the legislative council or the legislative
services agency.
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(d) Expenses paid under subsections (a) and (b) shall be paid
from appropriations to the commission.
SECTION 120. IC 14-20-15-4, AS AMENDED BY P.L.78-2019,
SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4. (a) The commission consists of the
following members:
(1) Two (2) members of the house of representatives, to be
appointed by the speaker of the house of representatives. The
members appointed under this subdivision may not be members
of the same political party.
(2) Two (2) members of the senate, to be appointed by the
president pro tempore of the senate. The members appointed
under this subdivision may not be members of the same political
party.
(3) The governor or the governor's designee.
(4) The director of the department of natural resources or the
director's designee.
(5) One (1) employee of the office of tourism development with
expertise in the tourism or film industry, to be designated by the
director of the office of tourism development (before July 1,
2020). After June 30, 2020, one (1) employee of the Indiana
destination development corporation with expertise in the tourism
or film industry, to be designated by the director of the
corporation.
(6) One (1) member of the Indiana historical society, to be
appointed by the governor.
(7) Three (3) Indiana citizens, to be appointed by the governor.
Not more than two (2) members appointed under this subdivision
may be members of the same political party.
(b) The term of a member of the commission appointed under
subsection (a)(6) or (a)(7) expires as follows:
(1) For a member appointed under subsection (a)(6), June 30,
2025, and every fourth year thereafter.
(2) For one (1) of the citizens appointed under subsection
(a)(7), as determined by the governor, June 30, 2025, and
every fourth year thereafter.
(3) For two (2) of the citizens appointed under subsection
(a)(7), as determined by the governor, June 30, 2027, and
every fourth year thereafter.
(c) A member of the general assembly appointed to the
commission serves a two (2) year term that expires June 30 of an
odd-numbered year.
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(d) A member of the commission appointed under subsection (a)
serves at the pleasure of the member's appointing authority and
may be reappointed to successive terms.
(e) A vacancy on the commission shall be filled by the
appropriate appointing authority. An individual appointed to fill
a vacancy serves for the unexpired term of the individual's
predecessor.
SECTION 121. IC 14-20-15-6.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 6.5. The commission shall
ensure that it has the staff support necessary to carry out the
commission's duties under this chapter.
SECTION 122. IC 14-20-15-9, AS AMENDED BY P.L.198-2016,
SECTION 645, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 9. Except as provided in
section 10(c) of this chapter, the expenses of the commission shall be
paid from the money transferred to the commission from the Lewis and
Clark expedition fund established by IC 9-18.5-26-4.
SECTION 123. IC 14-20-15-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 10. (a) Each
member of the commission who is not a state employee is entitled to
the minimum salary per diem provided by IC 4-10-11-2.1(b). The
member is also entitled to reimbursement for mileage, traveling
expenses as provided under IC 4-13-1-4, and other expenses actually
incurred in connection with the member's duties as provided in the state
policies and procedures established by the Indiana department of
administration and approved by the budget agency.
(b) Each member of the commission who is a state employee but
who is not a member of the general assembly is entitled to
reimbursement for traveling expenses as provided under IC 4-13-1-4
and other expenses actually incurred in connection with the member's
duties as provided in the state policies and procedures established by
the Indiana department of administration and approved by the budget
agency.
(c) Each member of the commission who is a member of the general
assembly is entitled to receive the same per diem, mileage, and travel
allowances paid to legislative members of interim study committees
established by the legislative council. Per diem, mileage, and travel
allowances paid under this subsection shall be paid from
appropriations made to the legislative council or the legislative
services agency.
SECTION 124. IC 15-15-12-17, AS AMENDED BY P.L.98-2012,
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SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 17. (a) The Indiana corn marketing council is
established. The council is a public body corporate and politic, and
though it is separate from the state, the exercise by the council of its
powers constitutes an essential governmental function. The council
may sue and be sued and plead and be impleaded.
(b) The council consists of seventeen (17) voting and eight (8) ex
officio, nonvoting members. The elected members from districts listed
under section 21(a) of this chapter must:
(1) be registered as voters in Indiana;
(2) be at least eighteen (18) years of age;
(3) be producers; and
(4) have an assessment on corn under section 32 of this chapter
made during the previous two (2) years.
(c) Each elected member of the council must reside in the district
identified in section 21(a) of this chapter from which the member is
elected.
(d) Each member of the council who is not a state employee or a
member of the general assembly is entitled to reimbursement for
mileage, traveling expenses, and other expenses actually incurred in
connection with the member's duties, as provided in the state travel
policies and procedures established by the Indiana department of
administration and approved by the budget agency. However, Except
as provided in section 21 of this chapter, council members are not
entitled to a salary or per diem.
(e) Each member of the council who is a state employee is
entitled to reimbursement for traveling expenses as provided under
IC 4-13-1-4 and other expenses actually incurred in connection
with the member's duties as provided in the state policies and
procedures established by the Indiana department of
administration and approved by the budget agency.
(f) Expenses paid under subsections (d) and (e) shall be paid
from appropriations to the council.
SECTION 125. IC 15-15-12-21, AS ADDED BY P.L.2-2008,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 21. (a) One (1) council member shall be
elected from each of the following districts:
DISTRICT 1. The counties of Lake, Newton, Jasper, Benton,
Porter, LaPorte, Starke, White, and Pulaski.
DISTRICT 2. The counties of St. Joseph, Elkhart, Marshall,
Kosciusko, Fulton, Carroll, Cass, Miami, and Wabash.
DISTRICT 3. The counties of LaGrange, Steuben, Noble,
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DeKalb, Whitley, Allen, Huntington, Wells, and Adams.
DISTRICT 4. The counties of Montgomery, Fountain, Warren,
Tippecanoe, Vermillion, Parke, Putnam, Vigo, Clay, and Owen.
DISTRICT 5. The counties of Clinton, Boone, Tipton, Howard,
Grant, Hamilton, Madison, Hendricks, Marion, Hancock, Morgan,
Johnson, Shelby, Rush, Bartholomew, and Decatur.
DISTRICT 6. The counties of Blackford, Jay, Delaware, Henry,
Randolph, Wayne, Fayette, and Union.
DISTRICT 7. The counties of Sullivan, Greene, Knox, Daviess,
Martin, Gibson, Pike, Dubois, Posey, Vanderburgh, Warrick, and
Spencer.
DISTRICT 8. The counties of Monroe, Brown, Lawrence,
Jackson, Orange, Washington, Perry, Crawford, Harrison, and
Floyd.
DISTRICT 9. The counties of Franklin, Jennings, Jefferson,
Ripley, Dearborn, Ohio, Clark, Switzerland, and Scott.
(b) Six (6) council members shall be elected to represent all
counties in Indiana.
(c) The dean of agriculture shall appoint one (1) representative of
the largest general farm organization in Indiana to serve as a member
of the council.
(d) The dean of agriculture shall appoint one (1) representative of
the second largest general farm organization in Indiana to serve as a
member of the council.
(e) The director shall appoint two (2) representatives of first
purchaser organizations to serve as nonvoting members of the council.
(f) Four (4) members serve on the council, to be appointed as
nonvoting members as follows:
(1) One (1) member appointed by the president pro tempore of the
senate.
(2) One (1) member appointed by the minority leader of the
senate.
(3) One (1) member appointed by the speaker of the house of
representatives.
(4) One (1) member appointed by the minority leader of the house
of representatives.
The members appointed under this subsection are ex officio members
of the council. The members of the senate must be of different political
parties. The members of the house of representatives must be of
different political parties. Notwithstanding any other law, the members
appointed under this section are entitled to receive the per diem of
members of the general assembly for time spent in attendance at the
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meetings of the council. Per diem of these members shall be paid by
the council upon approval of the director. Each member of the
council who is a member of the general assembly is entitled to
receive the same per diem, mileage, and travel allowances paid to
legislative members of interim study committees established by the
legislative council. Per diem, mileage, and travel allowances paid
under this subsection shall be paid from appropriations made to
the legislative council or the legislative services agency.
(g) The dean of agriculture or the dean's designee shall serve as an
ex officio, nonvoting member of the council.
(h) The secretary of agriculture or the secretary's designee shall
serve as an ex officio, nonvoting member of the council.
SECTION 126. IC 16-46-6-4, AS AMENDED BY P.L.145-2006,
SECTION 147, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 4. (a) The council consists of
the following twenty-one (21) members:
(1) Two (2) members of the house of representatives from
different political parties appointed by the speaker of the house of
representatives.
(2) Two (2) members of the senate from different political parties
appointed by the president pro tempore of the senate.
(3) The governor or the governor's designee.
(4) The state health commissioner or the commissioner's
designee.
(5) The director of the division of family resources established by
IC 12-13-1-1 or the director's designee.
(6) The director of the office of Medicaid policy and planning
established by IC 12-8-6.5-1 or the director's designee.
(7) The director of the division of mental health and addiction
established by IC 12-21-1-1 or the director's designee.
(8) The commissioner of the department of correction or the
commissioner's designee.
(9) One (1) representative of a local health department appointed
by the governor.
(10) One (1) representative of a public health care facility
appointed by the governor.
(11) One (1) psychologist appointed by the governor who:
(A) is licensed to practice psychology in Indiana; and
(B) has knowledge and experience in the special health needs
of minorities.
(12) One (1) member appointed by the governor based on the
recommendation of the Indiana State Medical Association.
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(13) One (1) member appointed by the governor based on the
recommendation of the National Medical Association.
(14) One (1) member appointed by the governor based on the
recommendation of the Indiana Hospital and Health Association.
(15) One (1) member appointed by the governor based on the
recommendation of the American Cancer Society.
(16) One (1) member appointed by the governor based on the
recommendation of the American Heart Association.
(17) One (1) member appointed by the governor based on the
recommendation of the American Diabetes Association.
(18) One (1) member appointed by the governor based on the
recommendation of the Black Nurses Association.
(19) One (1) member appointed by the governor based on the
recommendation of the Indiana Minority Health Coalition.
(b) At least fifty-one percent (51%) of the members of the council
must be minorities.
SECTION 127. IC 16-46-6-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5. (a) Except as
provided in subsection (b), all appointments to the council are for two
(2) years. A legislative member's term expires on June 30 of an
odd-numbered year.
(b) The term of a member appointed by the governor is four (4)
years and expires as follows:
(1) June 30, 2025, and each fourth year thereafter for a
member appointed under section 4(a)(9) through 4(a)(14) of
this chapter.
(2) December 31, 2025, and each fourth year thereafter for a
member appointed under section 4(a)(15) through 4(a)(19) of
this chapter.
(c) A member may be reappointed to the commission for succeeding
terms.
SECTION 128. IC 16-46-6-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 8. The state
department and the Indiana Minority Health Coalition, Inc. shall
provide staff for the council.
SECTION 129. IC 16-46-6-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 13. (a) Each
member of the council who is not a state employee is entitled to the
minimum salary per diem provided by IC 4-10-11-2.1(b). The council
member is also entitled to reimbursement for mileage, traveling
expenses as provided under IC 4-13-1-4, and other expenses actually
incurred in connection with the member's duties as provided in the state
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policies and procedures established by the Indiana department of
administration and approved by the budget agency.
(b) Each member of the council who is a state employee is entitled
to reimbursement for traveling expenses as provided under IC 4-13-1-4
and other expenses actually incurred in connection with the member's
duties as provided in the state policies and procedures established by
the Indiana department of administration and approved by the budget
agency.
(c) Except as provided in subsection (d), expenses incurred under
this section must be paid out of the funds appropriated to the state
department.
(d) Each member of the council who is a member of the general
assembly is entitled to receive the same per diem, mileage, and
travel allowances paid to legislative members of interim study
committees established by the legislative council. Per diem,
mileage, and travel allowances paid under this subsection shall be
paid from appropriations made to the legislative council or the
legislative services agency.
SECTION 130. IC 20-19-10-3.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 3.5. (a) Except as provided in
subsection (b), each member of the commission appointed under
section 3(9) of this chapter serves a four (4) year term.
(b) The terms of the members appointed under section 3(9)(A),
3(9)(C), and 3(9)(E) of this chapter expire December 31, 2025, and
each fourth year thereafter. The terms of the members appointed
under section 3(9)(B) and 3(9)(D) of this chapter expire December
31, 2027, and each fourth year thereafter.
(c) Each legislative member of the commission appointed under
section 3 of this chapter serves a two (2) year term ending on June
30 of each odd-numbered year.
(d) Members of the commission may be reappointed to
successive terms.
SECTION 131. IC 20-19-10-7, AS ADDED BY P.L.39-2021,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 7. (a) Each member of the commission who
is not a state employee is entitled to the minimum salary per diem
provided by IC 4-10-11-2.1(b). The member is also entitled to
reimbursement for mileage, traveling expenses as provided under
IC 4-13-1-4, and other expenses actually incurred in connection with
the member's duties as provided in the state policies and procedures
established by the Indiana department of administration and approved
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by the budget agency.
(b) Each member of the commission who is a state employee is
entitled to reimbursement for traveling expenses as provided under
IC 4-13-1-4 and other expenses actually incurred in connection with
the member's duties as provided in the state policies and procedures
established by the Indiana department of administration and approved
by the budget agency.
(c) Each member of the commission who is a member of the general
assembly is entitled to receive the same per diem, mileage, and travel
allowances paid to members of the general assembly serving on interim
study committees created by the legislative council. Per diem,
mileage, and travel allowances paid under this subsection shall be
paid from appropriations made to the legislative council or the
legislative services agency.
(d) Expenses paid under subsections (a) and (b) shall be paid
from appropriations made to the department.
SECTION 132. IC 20-19-10-9, AS ADDED BY P.L.39-2021,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 9. The department of education shall staff the
commission.
SECTION 133. IC 20-21-3-3, AS ADDED BY P.L.1-2005,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. (a) Each voting board member who is not
an employee of the state or a political subdivision is entitled to the
following:
(1) The minimum salary per diem provided by IC 4-10-11-2.1 for
each board meeting attended by the member.
(2) Mileage and reimbursement for traveling expenses as
provided under IC 4-13-1-4 and other expenses actually incurred
in connection with the member's duties as provided in the state
policies and procedures established by the Indiana department of
administration and approved by the budget agency.
Money for payments to board members under this subsection shall be
paid from appropriations made to the school.
(b) The member of the board appointed under section 2(a)(4) of this
chapter is entitled to receive the same per diem, mileage, and travel
allowances paid to legislative members of interim study committees
established by the legislative council. Per diem, mileage, and travel
allowances paid under this subsection shall be paid from appropriations
made to the legislative council or the legislative services agency.
SECTION 134. IC 20-21-3-4, AS ADDED BY P.L.1-2005,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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UPON PASSAGE]: Sec. 4. (a) This section applies only to a board
member serving under section 2(a)(1) of this chapter.
(b) The term of a board member is four (4) years and expires June
30, 2025, and each fourth year thereafter.
(c) The term of a member begins upon appointment by the governor.
(d) A member may serve after the member's term expires until the
term of the member's successor begins.
(e) The governor may reappoint a member to serve a new term.
SECTION 135. IC 20-21-3-4.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 4.5. (a) This section applies
only to a board member serving under section 2(a)(4) of this
chapter.
(b) The member serves at the pleasure of the president pro
tempore of the senate. The term of the board member is two (2)
years and expires June 30 of an odd-numbered year. The board
member may be reappointed to successive terms.
(c) A member may serve after the member's term expires until
the term of the member's successor begins.
SECTION 136. IC 20-21-3-5, AS ADDED BY P.L.1-2005,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 5. Whenever there is a vacancy on the board,
the governor appropriate appointing authority shall fill the vacancy
for the remainder of the unexpired term.
SECTION 137. IC 20-21-3-6, AS ADDED BY P.L.1-2005,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 6. (a) At the board's last meeting before July
1 of each year, the board shall elect one (1) member to be chair of the
board.
(b) The member elected chair of the board serves as chair beginning
July 1 after elected by the board.
(c) The board may reelect a member as chair of the board.
(d) The board shall annually elect one (1) of its members to serve as
the secretary for the board.
(e) The board shall meet at the call of the chair at least five (5)
times during each school year.
SECTION 138. IC 20-22-3-3, AS ADDED BY P.L.1-2005,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. (a) Each voting member of the board who
is not an employee of the state or a political subdivision is entitled to
the following:
(1) The minimum salary per diem provided by IC 4-10-11-2.1 for
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each board meeting attended by the member.
(2) Mileage and reimbursement for traveling expenses as
provided under IC 4-13-1-4 and other expenses actually incurred
in connection with the member's duties as provided in the state
policies and procedures established by the Indiana department of
administration and approved by the budget agency.
Money for payments to board members under this subsection shall be
paid from appropriations made to the school.
(b) The member of the board appointed under section 2(a)(4) of this
chapter is entitled to receive the same per diem, mileage, and travel
allowances paid to legislative members of interim study committees
established by the legislative council. Per diem, mileage, and travel
allowances paid under this subsection shall be paid from appropriations
made to the legislative council or the legislative services agency.
SECTION 139. IC 20-22-3-4, AS ADDED BY P.L.1-2005,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4. (a) This section applies only to a board
member serving under section 2(a)(1) of this chapter.
(b) The term of a board member is four (4) years and expires June
30, 2025, and each fourth year thereafter.
(c) The term of a member begins upon appointment by the governor.
(d) A member may serve after the member's term expires until the
term of the member's successor begins.
(e) The governor may reappoint a member to serve a new term.
SECTION 140. IC 20-22-3-4.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 4.5. (a) This section applies
only to a board member serving under section 2(a)(4) of this
chapter.
(b) The member serves at the pleasure of the speaker of the
house of representatives. The term of the board member is two (2)
years and expires June 30 of an odd-numbered year. The board
member may be reappointed to successive terms.
(c) A member may serve after the member's term expires until
the term of the member's successor begins.
SECTION 141. IC 20-22-3-5, AS ADDED BY P.L.1-2005,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 5. Whenever there is a vacancy on the board,
the governor appropriate appointing authority shall fill the vacancy
for the remainder of the unexpired term.
SECTION 142. IC 20-22-3-6, AS ADDED BY P.L.1-2005,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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UPON PASSAGE]: Sec. 6. (a) At the board's last meeting before July
1 of each year, the board shall elect one (1) member to be chair of the
board.
(b) The member elected chair of the board serves as chair beginning
July 1 after elected by the board.
(c) The board may reelect a member as chair of the board.
(d) The board shall annually elect one (1) of its members to serve as
the secretary for the board.
(e) The board shall meet at the call of the chair at least five (5)
times during each school year.
SECTION 143. IC 21-16-5-1.5, AS ADDED BY P.L.224-2023,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1.5 (a) The board of directors of the nonprofit
corporation is composed of nine (9) members. The members must be
appointed as follows:
(1) Five (5) members appointed by the governor.
(2) One (1) member appointed by the president pro tempore of the
senate.
(3) One (1) member appointed by the minority leader of the
senate.
(4) One (1) member appointed by the speaker of the house of
representatives.
(5) One (1) member appointed by the minority leader of the house
of representatives.
(b) None of the members appointed to the board may be members
of the general assembly. Not more than five (5) members may belong
to the same political party. Members serve at the pleasure of the
appointing authority.
(c) The board shall elect from among its members a chair and vice
chair.
(d) Five (5) members constitutes a quorum for the transaction of
business. An affirmative vote of at least five (5) members is necessary
for the board to take action. Members of the board may not vote by
proxy.
(e) Meetings of the board shall be held at the call of the chair or
whenever any five (5) voting members request a meeting. The
members shall meet at least once every three (3) months to attend to
the business of the corporation.
(f) Members are entitled to a salary per diem for attending meetings
equal to the per diem provided by law for members of the general
assembly. The members are also entitled to receive reimbursement for
traveling expenses as provided under IC 4-13-1-4 and other expenses
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actually incurred in connection with the members' duties as approved
by the budget agency.
(f) Each member of the commission who is not a state employee
is entitled to:
(1) a salary per diem for attending meetings equal to the per
diem provided by law for members of the general assembly;
and
(2) reimbursement for mileage and traveling expenses as
provided under IC 4-13-1-4, and other expenses actually
incurred in connection with the member's duties as provided
in the state policies and procedures established by the Indiana
department of administration and approved by the budget
agency.
(g) Each member of the commission who is a state employee is
entitled to reimbursement for traveling expenses as provided under
IC 4-13-1-4 and other expenses actually incurred in connection
with the member's duties as provided in the state policies and
procedures established by the Indiana department of
administration and approved by the budget agency.
(h) The corporation shall pay expenses incurred under
subsections (g) and (h) from the revenues of the corporation.
(i) The corporation shall provide staff support to the board.
SECTION 144. IC 21-47-2-4, AS AMENDED BY P.L.108-2022,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4. (a) There is established a geological and
water survey advisory council.
(b) The council consists of the following members:
(1) One (1) member appointed by the president of Indiana
University who is a faculty member of the Indiana University
School of Public and Environmental Affairs to serve for a period
of two (2) four (4) years. A member appointed under this
subdivision must have a background in energy, geology, water, or
environmental science.
(2) One (1) member appointed by the president of Indiana
University who is a faculty member of the earth sciences
department to serve for a period of four (4) years.
(3) The vice provost of research of Indiana University, or the vice
provost's designee.
(4) The chairperson of the house of representatives standing
committee tasked with studying utilities and energy, or the
chairperson's designee.
(5) The chairperson of the senate standing committee tasked with
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studying utilities and energy, or the chairperson's designee.
(6) The director of the department of natural resources, or the
director's designee.
(7) The director of the Indiana department of environmental
management, or the director's designee.
(8) The director of the Indiana economic development
corporation, or the director's designee.
(9) The public finance director appointed under IC 5-1.2-3-6, or
the public finance director's designee.
(10) Two (2) individuals who:
(A) are appointed by the governor;
(B) represent private industry; and
(C) have a background in energy, geology, water, or
environmental science.
An individual appointed by the governor under this subdivision
serves for a term of four (4) years.
A designee under subdivision (3), (4), (5), (6), (7), (8), or (9) must have
a background in energy, geology, water, or environmental science. The
members of the council shall annually elect a chair and vice chair
from among the membership of the council.
(c) A member who is appointed or designated to serve on the
council under subsection (b):
(1) in the case of an appointed member:
(A) holds the position for the term of the appointment;
(B) continues to serve after expiration of the appointment until
a successor is appointed and qualified; and
(C) subject to subdivision (2), is eligible for reappointment;
(2) may not serve on the council for a total of more than ten (10)
years; two (2) consecutive terms; and
(3) serves at the pleasure of the appointing or designating
authority and may be removed by the appointing or designating
authority at any time.
The appointing or designating authority shall fill a vacancy that occurs
after a member appointed or designated by the authority resigns, is
removed, or is no longer qualified to serve.
(d) The state geologist shall serve as secretary of the council, shall
provide staff support to the council, and shall report on the following
at each meeting of the council:
(1) The staffing of the survey.
(2) The finances of the survey.
(3) The outreach programs of the survey.
(4) The current research projects of the survey.
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(5) Any other report requested by the council.
(e) The state geologist may cast the deciding vote to break a tie.
(f) Each member of the council who is not a state employee is
entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b).
A member is also entitled to reimbursement for mileage and traveling
expenses actually incurred in connection with the member's duties as
provided in the state policies and procedures established by the Indiana
department of administration and approved by the budget agency.
(g) Each member of the council who is a member of the general
assembly is entitled to receive the same per diem, mileage, and travel
allowances paid to legislative members of interim study committees
established by the legislative council. Per diem, mileage, and travel
allowances paid under this section shall be paid from appropriations
made to the legislative council or the legislative services agency.
(h) Each member of the commission who is a state employee is
entitled to reimbursement for traveling expenses as provided under
IC 4-13-1-4 and other expenses actually incurred in connection
with the member's duties as provided in the state policies and
procedures established by the Indiana department of
administration and approved by the budget agency.
(i) Expenses paid under subsections (f) and (h) shall be paid
from appropriations made to the state geologist.
(h) (j) The council shall meet quarterly in the first month of each
quarter. The date, time, and location of a meeting must be upon
agreement of the council.
(i) (k) The council shall meet with the state geologist to make
recommendations concerning:
(1) the functions and performance of the survey; and
(2) appropriations and funding for the survey.
(j) (l) The council may make recommendations concerning the
effectiveness and efficiency of the survey and other matters.
(k) (m) Recommendations and reports of the council shall be
directed to the following:
(1) The governor.
(2) The budget agency.
(3) The president of Indiana University.
(4) The director of the department of natural resources.
(5) The commissioner of the department of environmental
management.
(n) The terms of the members of the council described in
subsection (b)(1), (b)(2), and (b)(10) expire as follows:
(1) For the members described in subsection (b)(1) and (b)(2),
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June 30, 2025, and each fourth year thereafter.
(2) For the members described in subsection (b)(10), June 30,
2027, and each fourth year thereafter.
(o) The terms of the members of the council who are members
of the general assembly designated under subsection (b)(4) and
(b)(5) expire June 30 of an odd-numbered year.
SECTION 145. IC 21-47-2-7, AS ADDED BY P.L.108-2022,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 7. (a) As used in this section, "center" refers
to the center for water established by subsection (c).
(b) As used in this section, "council" refers to the geological and
water survey advisory council established by section 4 of this chapter.
(c) The center for water is established within the survey for the
purpose of:
(1) carrying out the survey's statutory duties concerning Indiana's
water resources;
(2) supporting long term studies of the state's water resources, as
requested by the Indiana finance authority; and
(3) upon request, providing resources to:
(A) state agencies;
(B) municipal agencies; and
(C) soil and water conservation groups.
(d) The center shall be staffed:
(1) by employees of the survey who have expertise in water
resources; and
(2) at staffing levels consistent with recommendations of the
council.
(e) The center shall report to the council before each quarterly
meeting of the council under section 4(h) 4(j) of this chapter.
(f) The state geologist shall oversee and manage the activities of the
center.
(g) The center shall be funded by the available resources of the
survey.
SECTION 146. IC 21-47-2-8, AS ADDED BY P.L.108-2022,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 8. (a) As used in this section, "center" refers
to the center for energy established by subsection (c).
(b) As used in this section, "council" refers to the geological and
water survey advisory council established by section 4 of this chapter.
(c) The center for energy is established within the survey for the
purpose of:
(1) carrying out the survey's statutory duties concerning Indiana's
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natural energy resources;
(2) supporting long term studies of the state's energy resources, as
requested by the state; and
(3) upon request, providing resources to:
(A) state agencies;
(B) municipal agencies; and
(C) energy stakeholders.
(d) The center shall be staffed:
(1) by employees of the survey who have expertise in energy
resources; and
(2) at staffing levels consistent with recommendations of the
council.
(e) The center shall report to the council before each quarterly
meeting of the council under section 4(h) 4(j) of this chapter.
(f) The state geologist shall oversee and manage the activities of the
center.
(g) The center shall be funded by the available resources of the
survey.
SECTION 147. IC 27-1-44.6-6, AS AMENDED BY P.L.56-2023,
SECTION 243, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 6. (a) The advisory board
consists of the following:
(1) The executive director of the all payer claims data base
operated under IC 27-1-44.5.
(2) The following members, appointed by the governor:
(1) (A) One (1) individual representing the Indiana Hospital
Association.
(2) (B) One (1) individual who is a physician or surgeon and
is not employed by or contracted to predominantly provide
health care services at a hospital licensed under IC 16-21-2 or
a hospital system.
(3) (C) One (1) individual representing a small employer that
purchases a group health plan for its employees.
(4) (D) One (1) individual representing a large employer that
purchases a group health plan for its employees.
(5) (E) One (1) individual representing a self-insured
employer.
(6) (F) One (1) individual from a firm that processes claims
for health plans.
(7) (G) One (1) individual representing a domestic insurance
company that issues policies of accident and sickness
insurance (as defined in IC 27-8-5-1).
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(8) (H) One (1) individual representing pharmacists or an
affiliate society.
(9) The executive director.
(3) The nonvoting advisory members described in subsection
(b).
Individuals appointed to represent an employer under subdivisions (3),
(4), and (5) subdivision (2)(C) through (2)(E) may not represent an
employer who is a health care facility or provider or a supplier or
broker of health plans.
(b) The advisory board consists of The following are nonvoting
advisory members of the advisory board:
(1) The commissioner of the department of insurance or a
designee of the commissioner.
(2) The secretary of family and social services or a designee of the
secretary.
(3) The commissioner of the Indiana department of health or a
designee of the commissioner.
(4) Two (2) members of the senate, who may not be members of
the same political party, appointed by the president pro tempore
of the senate with the advice of the minority leader of the senate.
(5) Two (2) members of the house of representatives, who may
not be members of the same political party, appointed by the
speaker of the house of representatives with the advice of the
minority leader of the house of representatives.
SECTION 148. IC 27-1-44.6-7, AS AMENDED BY P.L.137-2021,
SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 7. (a) The initial appointment of members
beginning July 1, 2021, must be made not later than August 1, 2021.
(b) For the initial appointment of the eight (8) members appointed
to the advisory board by the governor under section 6(a)(1) through
6(a)(8) of this chapter, four (4) members will serve for a term of two
(2) years and four (4) members will serve for a term of four (4) years.
For all subsequent appointments by the governor under section 6(a)(1)
through 6(a)(8) of this chapter and all appointments made under
section 6(b) of this chapter, members will serve for a term of four (4)
years. (a) Members appointed by the governor serve a four (4) year
term that expires June 30, 2025, and each fourth year thereafter.
Members may be reappointed to successive terms.
(c) (b) Subject to subsection (e), (d), the executive director is a
permanent member of the advisory board.
(d) (c) Each appointed member serves until the member's successor
is appointed and qualified. A vacancy must be filled by appointment of
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the governor the appropriate appointing authority. A member
appointed to fill a vacancy serves for the unexpired term of the
member's predecessor.
(e) (d) A member may be removed from the advisory board for good
cause by the member's appointing authority.
SECTION 149. IC 27-1-44.6-8, AS ADDED BY P.L.195-2021,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 8. The advisory board must meet at least two
(2) times per calendar year at the call of the executive director. A
majority of the members of the advisory board constitutes a quorum.
SECTION 150. IC 27-1-44.6-9, AS ADDED BY P.L.195-2021,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 9. (a) Each member of the advisory board who
is not a state employee is entitled to the minimum financial
compensation per diem provided by IC 4-10-11-2.1(b). Such a member
is also entitled to reimbursement for mileage, traveling expenses, and
other expenses actually incurred in connection with the member's
duties, as provided in the state travel policies and procedures
established by the Indiana department of administration and approved
by the budget agency.
(b) Each member of the advisory board who is a state employee but
who is not a member of the general assembly is entitled to
reimbursement for traveling expenses and other expenses actually
incurred in connection with the member's duties, as provided in the
state travel policies and procedures established by the Indiana
department of administration and approved by the budget agency.
(c) Amounts paid under subsection (a) or (b) must be paid from
money appropriated to the department of insurance for the total
operating expense of the all payer claims data base.
(c) (d) Each member of the advisory board who is a member of the
general assembly is entitled to receive the same per diem, mileage, and
travel allowances paid to legislative members of interim study
committees established by the legislative council. Per diem, mileage,
and travel allowances paid under this subsection shall be paid from
appropriations made to the legislative council or the legislative services
agency.
(d) (e) Membership on the advisory board does not constitute the
holding of a public office.
SECTION 151. IC 27-1-44.6-11 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 11. The department of
insurance shall provide staff support to the advisory board.
HEA 1026 — Concur 80
SECTION 152. IC 33-38-9.5-2, AS AMENDED BY P.L.114-2022,
SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. (a) The justice reinvestment advisory
council is established. The advisory council consists of the following
members:
(1) The executive director of the Indiana public defender council
or the executive director's designee.
(2) The executive director of the Indiana prosecuting attorneys
council or the executive director's designee.
(3) The director of the division of mental health and addiction or
the director's designee.
(4) The president of the Indiana Sheriffs' Association or the
president's designee.
(5) The commissioner of the Indiana department of correction or
the commissioner's designee.
(6) The chief administrative officer of the office of judicial
administration or the chief administrative officer's designee.
(7) The executive director of the Indiana criminal justice institute
or the executive director's designee.
(8) The president of the Indiana Association of Community
Corrections Act Counties or the president's designee.
(9) The president of the Probation Officers Professional
Association of Indiana or the president's designee.
(10) The budget director or the budget director's designee.
(11) The executive director of the Association of Indiana Counties
or the executive director's designee.
(12) The president of the Indiana Judges Association or the
president's designee.
(13) The chair of the Indiana public defender commission or the
chair's designee.
(14) The chair of the senate corrections and criminal law
committee or the chair's designee.
(15) The ranking minority member of the senate corrections and
criminal law committee or the ranking minority member's
designee.
(16) The chair of the house courts and criminal code committee
or the chair's designee.
(17) The ranking minority member of the house courts and
criminal code committee or the ranking minority member's
designee.
(18) The governor or the governor's designee.
(19) The president and chief executive officer of the Indiana
HEA 1026 — Concur 81
Council of Community Mental Health Centers or the president
and chief executive officer's designee.
(20) The president and chief executive officer of Mental Health
America of Indiana or the president and chief executive officer's
designee.
(b) The chief justice or the chief justice's designee shall serve as
chairperson of the advisory council.
(c) The duties of the advisory council include:
(1) reviewing and evaluating state and local criminal justice
systems and corrections programs, including pretrial services,
behavioral health treatment and recovery services, community
corrections, county jails, parole, and probation services;
(2) reviewing the processes used by the department of correction
and the division of mental health and addiction in awarding
grants;
(3) reviewing and evaluating jail overcrowding to identify a range
of possible solutions;
(4) coordinating with other criminal justice funding sources;
(5) establishing committees to inform the work of the advisory
council; and
(6) performing other relevant duties as determined by the advisory
council.
(d) The advisory council may make recommendations to:
(1) the department of correction, community corrections advisory
boards, and the division of mental health and addiction
concerning the award of grants;
(2) criminal justice systems and corrections programs concerning
best practices to improve outcomes of persons under supervision;
(3) the Indiana general assembly concerning legislation and
funding for criminal justice initiatives;
(4) the Indiana criminal justice institute concerning criminal
justice funding priorities;
(5) the office of judicial administration concerning veterans
problem-solving court grants; and
(6) the county sheriffs concerning strategies to address jail
overcrowding and implementing evidence based practices for
reducing recidivism for individuals in county jails.
(e) The office of judicial administration shall staff the advisory
council.
(f) The expenses of the advisory council shall be paid by the office
of judicial administration from funds appropriated to the office of
judicial administration for the administrative costs of the justice
HEA 1026 — Concur 82
reinvestment advisory council.
(g) A member of the advisory council is not entitled to the minimum
salary per diem provided by IC 4-10-11-2.1(b). The member is,
however, entitled to reimbursement for traveling expenses as provided
under IC 4-13-1-4 and other expenses actually incurred in connection
with the member's duties as provided in the state policies and
procedures established by the Indiana department of administration and
approved by the budget agency.
(h) (f) The affirmative votes of a majority of the voting members
appointed to the advisory council are required for the advisory council
to take action on any measure.
(i) (g) The advisory council shall meet as necessary to:
(1) work with the department of correction and the division of
mental health and addiction to establish the grant criteria and
grant reporting requirements described in subsection (m); (k);
(2) review grant applications;
(3) make recommendations and provide feedback to the
department of correction and the division of mental health and
addiction concerning grants to be awarded;
(4) review grants awarded by the department of correction and the
division of mental health and addiction; and
(5) suggest areas and programs in which the award of future
grants might be beneficial.
(j) (h) The advisory council, in conjunction with the Indiana
criminal justice institute, shall jointly issue an annual report under
IC 5-2-6-24.
(k) (i) The advisory council shall review the composition of the
community corrections advisory board described in IC 11-12-2-2 and
make a recommendation to the legislative council in an electronic
format under IC 5-14-6 before November 1, 2022, regarding how to
reduce the membership of a community corrections advisory board and
the recommended membership for a community corrections advisory
board.
(l) (j) Any entity that receives funds:
(1) recommended by the advisory council; and
(2) appropriated by the department of correction;
for the purpose of providing additional treatment or supervision
services shall provide the information described in subsection (m) (k)
to the department of correction to aid in the compilation of the report
described in subsection (j). (h).
(m) (k) The department of correction shall provide the advisory
council with the following information:
HEA 1026 — Concur 83
(1) The total number of participants, categorized by level of most
serious offense, who were served by the entity through funds
described in subsection (l). (j).
(2) The percentage of participants, categorized by level of most
serious offense, who completed a treatment program, service, or
level of supervision.
(3) The percentage of participants, categorized by level of most
serious offense, who were discharged from a treatment program,
service, or level of supervision.
(4) The percentage of participants, categorized by level of most
serious offense, who:
(A) completed a funded treatment program, service, or level of
supervision; and
(B) were subsequently committed to the department of
correction;
within twenty-four (24) months after completing the funded
treatment program, service, or level of supervision.
(5) The percentage of participants, categorized by level of most
serious offense, who were:
(A) discharged from a funded treatment program, service, or
level of supervision; and
(B) subsequently committed to the department of correction;
within twenty-four (24) months after being discharged from the
funded treatment program, service, or level of supervision.
(6) The total number of participants who completed a funded
treatment program, service, or level of supervision.
(7) The total number of participants who:
(A) completed a funded treatment program, service, or level of
supervision; and
(B) were legally employed.
(8) Any other information relevant to the funding of the entity as
described in subsection (l). (j).
SECTION 153. IC 33-38-9.5-2.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 2.1. The justice reinvestment
advisory council established under section 2 of this chapter shall
meet at the call of the chair.
SECTION 154. IC 33-38-9.5-2.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 2.5. (a) Except as provided in
subsection (e), a member of the advisory council is not entitled to
the minimum salary per diem provided by IC 4-10-11-2.1(b).
HEA 1026 — Concur 84
(b) A member of the advisory council who is a state employee is
entitled to reimbursement for traveling expenses as provided under
IC 4-13-1-4 and other expenses actually incurred in connection
with the member's duties as provided in the state policies and
procedures established by the Indiana department of
administration and approved by the budget agency.
(c) A member of the advisory council who is not a state
employee is entitled to reimbursement for mileage, traveling
expenses as provided under IC 4-13-1-4, and other expenses
actually incurred in connection with the member's duties as
provided in the state policies and procedures established by the
Indiana department of administration and approved by the budget
agency.
(d) Except as provided in subsection (e), the expenses of the
advisory council shall be paid by the office of judicial
administration from funds appropriated to the office of judicial
administration for the administrative costs of the justice
reinvestment advisory council.
(e) Each member of the advisory council who is a member of the
general assembly is entitled to receive the same per diem, mileage,
and travel allowances paid to legislative members of interim study
committees established by the legislative council. Per diem,
mileage, and travel allowances paid under this subsection shall be
paid from appropriations made to the legislative council or the
legislative services agency.
SECTION 155. IC 33-40-5-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. (a) The members
of the commission shall designate one (1) member of the commission
as chairperson.
(b) The term of office of each member of the commission is four (4)
years. A vacancy occurring among the members of the commission
before the expiration of a term shall be filled in the same manner as the
original appointment. An appointment to fill a vacancy occurring
before the expiration of a term is for the remainder of the unexpired
term.
(c) Each member of the commission who is a state employee is
entitled to reimbursement for traveling expenses and other expenses
actually incurred in connection with the member's duties, as provided
in the state travel policies and procedures established by the Indiana
department of administration and approved by the budget agency.
(d) A member of the commission who is not a state employee is
entitled to:
HEA 1026 — Concur 85
(1) the minimum salary per diem provided by IC 4-10-11-2.1(b);
and
(2) reimbursement for mileage, traveling expenses, and other
expenses actually incurred in connection with the member's
duties, as provided in the state travel policies and procedures
established by the Indiana department of administration and
approved by the budget agency.
(e) Each member of the commission who is a member of the
general assembly is entitled to receive the same per diem, mileage,
and travel allowances paid to legislative members of interim study
committees established by the legislative council. Per diem,
mileage, and travel allowances paid under this subsection shall be
paid from appropriations made to the legislative council or the
legislative services agency.
(f) Expenses paid under subsections (c) and (d) shall be paid
from appropriations made to the commission.
(e) (g) The commission shall meet at least quarterly and at times
called by the chairperson or at the request of three (3) commission
members.
SECTION 156. IC 33-40-5-3.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 3.5. (a) A legislative member
of the commission serves a two (2) year term that expires June 30
of an odd-numbered year.
(b) A member of the commission appointed under section
2(b)(1) through 2(b)(3) of this chapter serves a four (4) year term
that expires June 30, 2025, and each fourth year thereafter.
(c) A member of the commission serves at the pleasure of the
appointing authority and may be reappointed to successive terms.
SECTION 157. An emergency is declared for this act.
HEA 1026 — Concur Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1026 — Concur